“Tough Cases stands out as a genuine revelation. . . . Our most distinguished judges should follow the lead of this groundbreaking volume.� —Justin Driver, The Washington Post A rare and illuminating view of how judges decide dramatic legal cases—Law and Order from behind the bench—including the Elián González, Terri Schiavo, and Scooter Libby cases Prosecutors and defense attorneys have it easy—all they have to do is to present the evidence and make arguments. It's the judges who have the heavy lift: they are the ones who have to make the ultimate decisions, many of which have profound consequences on the lives of the people standing in front of them. In Tough Cases, judges from different kinds of courts in different parts of the country write about the case that proved most difficult for them to decide. Some of these cases received international attention: the Elián González case in which Judge Jennifer Bailey had to decide whether to return a seven-year-old boy to his father in Cuba after his mother drowned trying to bring the child to the United States, or the Terri Schiavo case in which Judge George Greer had to decide whether to withdraw life support from a woman in a vegetative state over the wishes of her parents, or the Scooter Libby case about appropriate consequences for revealing the name of a CIA agent. Others are less well-known but equally fascinating: a judge on a Native American court trying to balance U.S. law with tribal law, a young Korean American former defense attorney struggling to adapt to her new responsibilities on the other side of the bench, and the difficult decisions faced by a judge tasked with assessing the mental health of a woman who has killed her own children. Relatively few judges have publicly shared the thought processes behind their decision making. Tough Cases makes for fascinating reading for everyone from armchair attorneys and fans of Law and Order to those actively involved in the legal profession who want insight into the people judging their work.

Shoplifiting is the single largest crime impacting U.S. retail merchants with annual losses over $21 billion and with merchants spending hundreds of millions of dollars to prevent it. To add insult to injury, individuals apprehended for shoplifting may sue stores for damages resulting from their apprehension and detention--and sometimes win. There is good news though. States have enacted merchant protection statutes and civil recovery laws which allow retailers to deal more effectively with the problem. Merchant protection statutes give retail merchants the right to apprehend and detain individuals suspected of shoplifting, while enjoying a conditional privilege of civil liability immunity; yet, despite the offer of civil liability immunity, merchants still lose civil suits with alarming regularity. To avoid losses, merchants must know and follow the specifics of their state's statutes to enjoy the immunity.

Well-written with numerous real life experiences and sound advice, Budden's book will help retail store executives better understand shoplifting's enormous financial hazards to their businesses. Budden uses real life cases to show what executives and managers can and cannot do in their efforts to apprehend, detain, and prosecute shoplifters. They will also find up-to-date advice on using civil recovery laws and information about what is being done to make shoplifters pay for their crimes. Budden makes clear that to gain maximum benefit from both merchant protection statutes and civil recovery laws, retail store executives must understand how such legal measures work and how best to apply them to reduce inventory shrinkage. These retail professionals will find Budden's book a useful guide for developing their own safe, workable protection plans.

The Color of Creatorship examines how copyright, trademark, and patent discourses work together to form American ideals around race, citizenship, and property. Working through key moments in intellectual property history since 1790, Anjali Vats reveals that even as they have seemingly evolved, American understandings of who is a creator and who is an infringer have remained remarkably racially conservative and consistent over time. Vats examines archival, legal, political, and popular culture texts to demonstrate how intellectual properties developed alongside definitions of the "good citizen," "bad citizen," and intellectual labor in racialized ways. Offering readers a theory of critical race intellectual property, Vats historicizes the figure of the citizen-creator, the white male maker who was incorporated into the national ideology as a key contributor to the nation's moral and economic development. She also traces the emergence of racial panics around infringement, arguing that the post-racial creator exists in opposition to the figure of the hyper-racial infringer, a national enemy who is the opposite of the hardworking, innovative American creator. The Color of Creatorship contributes to a rapidly-developing conversation in critical race intellectual property. Vats argues that once anti-racist activists grapple with the underlying racial structures of intellectual property law, they can better advocate for strategies that resist the underlying drivers of racially disparate copyright, patent, and trademark policy.

Check Your English Vocabulary for Law is a workbook designed to help non-native English speakers improve their knowledge and understanding of core legal terminology. The workbook includes crosswords, puzzles and word games to test English vocabulary and a combination of self-study exercises and practical speaking activities mean that this book is ideal for both home- and classbased study.

This book critically evaluates the EU regulatory framework for the liability of host Internet Service Providers (ISPs) for copyright and trade mark infringements and provides a cluster of novel recommendations for its improvement. The book recommends the imposition of a duty of care to host ISPs to curb the dissemination of unauthorised works and counterfeit goods, the ascription of a transparency obligation to host ISPs towards their users, and the establishment of a supervisory authority for host ISPs. Host ISPs have facilitated the dissemination of content amongst users and the purchase of goods online, enabling copyright holders and brand owners to attract a greater audience for their works and goods. However, their services have attracted a high number of copyright and trade mark violations, too. Neither Article 14 of the e-Commerce Directive nor Article 17 of the Copyright in the Digital Single Market Directive provide a solid response to the issue of host ISPs' liability. This book is a valuable resource for researchers in IT and IP law and offers a new perspective for resolving online IP disputes.

This volume of Studies in Law, Politics and Society examines the contribution of ethnography to our understanding of contemporary legal and political phenomena, with a particular focus on how it enables us to make sense of modern life under conditions of post-colonialism and globalization. Through the examination of case studies such as affirmative action at the University of Michigan, the US government and tribal consultations, the California Current Large Marine Ecosystem, and freedom of speech on campus, this edited volume demonstrates the value of ethnography as a method of scholarly investigation within law and politics. Written by an impressive group of interdisciplinary scholars, this book will prove invaluable to students and researchers in the fields of law and politics.

The genome's been mapped.
But what does it mean?

Arguably the most significant scientific discovery of the new century, the mapping of the twenty-three pairs of chromosomes that make up the human genome raises almost as many questions as it answers. Questions that will profoundly impact the way we think about disease, about longevity, and about free will. Questions that will affect the rest of your life.

"Genome" offers extraordinary insight into the ramifications of this incredible breakthrough. By picking one newly discovered gene from each pair of chromosomes and telling its story, Matt Ridley recounts the history of our species and its ancestors from the dawn of life to the brink of future medicine. From Huntington's disease to cancer, from the applications of gene therapy to the horrors of eugenics, Matt Ridley probes the scientific, philosophical, and moral issues arising as a result of the mapping of the genome. It will help you understand what this scientific milestone means for you, for your children, and for humankind.

Providing scientifically accurate, detailed, and accessible information to students and general readers, this book presents the history of vaccination; describes the administration, manufacturing, and regulation of vaccines in the United States; and explains the most recent scientific findings about vaccination while addressing concerns of those who oppose immunization. What is a vaccine and how does it work? How are vaccines made? Who discovered vaccines? What diseases do vaccines prevent, are these vaccines effective, and are they safe? Presenting comprehensive information on a topic that remains the focus of considerable controversy, Vaccines: History, Science, and Issues provides readers with a single-volume examination of vaccines and their history, production, uses, and limitations. Written in language that avoids intimidating medical jargon, this latest addition to Greenwood's Story of a Drug series looks at different types of vaccines and documents the value of vaccination to society. It explains the process of developing a vaccine, the testing required before it can be distributed to the public, and the challenges that arise in manufacturing and distribution, along with potential solutions to some of these problems. Readers will gain insight into vaccination-related topics such as the legal issues surrounding mandatory vaccination, the relationship between vaccines and adverse events, and the government's role in adjudicating claims of damage. The book also includes international recommendations from the World Health Organization and information on vaccines that are available and used outside the United States.

Americans from radically different political persuasions agree on the need to "fix" the "broken" US immigration laws to address serious deficiencies and improve border enforcement. In "Immigration Law and the US-Mexico Border, " Kevin Johnson and Bernard Trujillo focus on what for many is at the core of the entire immigration debate in modern America: immigration from Mexico.
In clear, reasonable prose, Johnson and Trujillo explore the long history of discrimination against US citizens of Mexican ancestry in the United States and the current movement against "illegal aliens"--persons depicted as not deserving fair treatment by US law. The authors argue that the United States has a special relationship with Mexico by virtue of sharing a 2,000-mile border and a "land-grab of epic proportions" when the United States "acquired" nearly two-thirds of Mexican territory between 1836 and 1853.
The authors explain US immigration law and policy in its many aspects--including the migration of labor, the place of state and local regulation over immigration, and the contributions of Mexican immigrants to the US economy. Their objective is to help thinking citizens on both sides of the border to sort through an issue with a long, emotional history that will undoubtedly continue to inflame politics until cooler, and better-informed, heads can prevail. The authors conclude by outlining possibilities for the future, sketching a possible movement to promote social justice. Great for use by students of immigration law, border studies, and Latino studies, this book will also be of interest to anyone wondering about the general state of immigration law as it pertains to our most troublesome border.

The Concise Industrial Flow Measurement Handbook: A Definitive Practical Guide covers the complete range of modern flow measuring technologies and represents 40 years of experiential knowledge within a wide variety of industries, and from more than 5000 technicians and engineers who have attended the author's workshops. This book covers all the current technologies in flow measurement, including high accuracy Coriolis, ultrasonic custody transfer, and high accuracy magnetic flowmeters. The book also discusses flow proving and limitations of different proving methods. This volume contains over 300 explanatory drawings and graphs and is presented in a form suitable for both the beginner, with no prior knowledge of the subject, as well as the more advanced specialist. This book is aimed at professionals in the field, including chemical engineers, process engineers, instrumentation and control engineers, and mechanical engineers.

The definitive guide to analysis techniques for examining the geography of crime Understanding Crime: Analyzing the Geography of Crime delves into both theory and technique to explain the geographic analysis of crime. Intended as a comprehensive resource and textbook, this book breaks down old, new, and complex approaches to make crime analysis more accessible for readers wanting to improve their own understanding of crime. Through detailed descriptions, explanations, and illustrations of geographic analysis techniques, Understanding Crime examines spatial and temporal patterns of crime, the use of spatial data in the analysis of crime, and methods for evaluating the impact of geographically targeted interventions. Topics include: Hot spot analysis, using cluster analysis techniques Temporal analysis, including techniques for examining the stability of crime patterns Analysis of repeat and near repeat victimization Analysis of persistent and emerging patterns of crime Spatial regression analysis, including geographically weighted regression Determining crime risk, and where crime is likely to happen Performing robust evaluation and applying techniques that determine whether an intervention worked Every chapter begins with key learning points and ends with a summary and references. “Thought boxes� with useful information for understanding a theoretical principle or a technical matter are included throughout the book. Written by world-renowned crime science expert Dr. Spencer Chainey and designed for both students and practitioners of all levels, Understanding Crime is a vital reference that will support you in your spatial analysis of crime and ultimately in making better recommendations for improving your community.

From the reviews of the first edition

First published in 1994. Routledge is an imprint of Taylor & Francis, an informa company.

Several different approaches to medieval legal history are evident in these articles. The first group uses law to investigate the principles that governed society, whether clearly articulated or not, and to ask how the intellectual structures of the ius commune affected the institutions of government and the presuppositions of the people. The second group of articles illustrates the importance of returning to the manuscript sources of later medieval texts, rather than relying on the early printed editions. In both parts Professor Pennington also focuses on the lives of individual jurists, contending that these provide a key to the understanding of their thought, their position in society, and the connections between the two. One of these articles is published for the first time here, while a number of others have been revised and up-dated for publication. Plusieures approches differentes A l'histoire legale du Moyen Age sont refletees au travers de ces articles. Le premier groupe se sert de la loi pour explorer les principes qui gouvernaient la societe - que ceux-ci soient clairement exprimes ou non - et afin de demander comment les structures intellectuelles de l'ius commune affectaient les institutions gouvernementales et les presuppositions du peuple. Le second groupe illustre l'importance du retour aux sources manuscrites des textes medievaux tardifs, plutAt que de se fier A des impressions anciennes. Au travers des deux parties du volume, le professeur Pennington se concentre aussi sur la vie de certains juristes, avanAant qu'il s'agit lA d'une des clefs permettant de comprendre leur pensee, leur place dans la societe et le rapport entre ces deux facteurs. Un des articles est publie ici pour la premiere fois, alors qu'un certain nombre d'autres ont ete revises et mis A jour pour leur reimpression.

Breaking Away sounds a warning call alerting readers that their privacy and autonomy concerns are indeed warranted, and the remedies deserve far greater attention than they have received from our leading policymakers and experts to date. Through the various prisms of economic theory, market data, policy, and law, the book offers a clear and accessible insight into how a few powerful firms - Google, Apple, Facebook (Meta), and Amazon - have used the same anticompetitive playbook and manipulated the current legal regime for their gain at our collective expense. While much has been written about these four companies' power, far less has been said about addressing their risks. In looking at the proposals to date, however, policymakers and scholars have not fully addressed three fundamental issues: First, will more competition necessarily promote our privacy and well-being? Second, who owns the personal data, and is that even the right question? Third, what are the policy implications if personal data is non-rivalrous? Breaking Away not only articulates the limitations of the current enforcement and regulatory approach but offers concrete proposals to promote competition, without having to sacrifice our privacy. This book explores how these platforms accumulated their power, why the risks they pose are far greater than previously believed, and why the tools need to be far more robust than what is being proposed. Policymakers, scholars, and business owners, managers, and entrepreneurs seeking to compete and innovate in the digital platform economy will find the book an invaluable source of information.

Considers how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of property are reasonable? What remedies do property owners prefer? The Psychology of Property Law explains how assumptions about human judgement, decision-making and behavior have shaped different property rules and examines to what extent these assumptions are supported by the research. Employing key findings from psychology, the book considers whether property law’s goals could be achieved more successfully with different rules. In addition, the book highlights property laws and conflicts that offer productive areas for further behaviorally-informed research. The book critically addresses several topics from property law for which psychology has a great deal to contribute. These include ownership and possession, legal protections for residential and personal property, takings of property by the state, redistribution through property law, real estate transactions, discrimination in housing and land use, and remedies for injury to property.

Security is too important to be left in the hands of just one department or employee-it's a concern of an entire enterprise. Enterprise Security Architecture shows that having a comprehensive plan requires more than the purchase of security software-it requires a framework for developing and maintaining a system that is proactive. The book is based around the SABSA layered framework. It provides a structured approach to the steps and processes involved in developing security architectures. It also considers how some of the major business issues likely to be encountered can be resolved.

Greig Coetzee's latest play Happy Natives is a triumphant confirmation of this writer's ability to comment satirically and powerfully on South African society. The play is extremely gripping, very funny and yet keeps surprising the audience with its insight into the complexities of cross-cultural relationships, ten years on from the start of the rainbow nation. The play shows how little we still know each other and how South Africans still make assumptions about each other based on racial grouping rather than on individual reality. This is rich material for comedy, and Coetzee excels in using such theatrical techniques as the reversal of expectation and the revelation of the unexpected and the contradictory. Happy Natives is very contemporary, looking at the way in which South Africans struggle to define their present identity. Coetzee's play points out just what an interesting and richly human world we inhabit. He shows that no human being in fact fits into the images that the media w

What are the facts about psychiatric malpractice? Is it increasing? If so, how rapidly? What areas of psychiatric practice pose higher risks of legal liability?

The anxieties and uncertainties created by the increased threat of being sued for malpractice can interfere with the psychiatrist's provision of good clinical care. Through a general overview--as well as a discussion of specific legal cases--this volume presents the major malpractice traps encountered in everyday psychiatric practice.

The San inhabited the whole of southern Africa before the spear and the gun drove them further into the desert region of the Kalahari. They are among the last of the hunting and gathering societies in an agricultural and industrialised world. Small by Western standards, the polite greeting to a San man is one of deference to his unmistakable stature "I saw your shadow looming afar". Although their lifestyle may appear haphazard to the casual eye, on closer inspection, a defined pattern appears.

In times of situational therapeutic impasse, health care professionals (HCPs) are under pressure to conduct off-label, unlicensed and compassionate drug use -- generally summarized under the term non-licensed drug use (NDU). Liability, contractual and penal risks pose a problem when treating a patient in a non-licensed way. There is a knowledge gap about institutional and governmental methods to resolve these problems. Different countries have developed strategies to manage NDU. Vanessa Plat? gives a comprehensive overview of practices Canada, the U.S., the U.K., Japan, France, Germany, Switzerland, Austria, and the transnational E.U. A must-read for everyone interested in the discussion on how to administer the best treatment, especially regarding early access to yet unapproved treatments.