When the Cabazon Band of Mission Indians--a small tribe of only 25 members--first opened a high-stakes bingo parlor, the operation was shut down by the State of California as a violation of its gambling laws. It took a Supreme Court decision to overturn the state's action, confirm the autonomy of tribes, and pave the way for other tribes to operate gaming centers throughout America.

Ralph Rossum explores the origins, arguments, and impact of "California v. Cabazon Band of Mission Indians," the 1987 Supreme Court decision that reasserted the unique federally supported sovereignty of Indian nations, effectively barring individual states from interfering with that sovereignty and opening the door for the explosive growth of Indian casinos over the next two decades.

Rossum has crafted an evenhanded overview of the case itself-its origins, how it was argued at every level of the judicial system, and the decision's impact-as he brings to life the essential debates pitting Indian rights against the regulatory powers of the states. He also provides historical grounding for the case through a cogent analysis of previous Supreme Court decisions and legislative efforts from the late colonial period to the present, tracking the troubled course of Indian law through a terrain of abrogated treaties, unenforced court decisions, confused statutes, and harsh administrative rulings.

In its decision, the Court held that states are barred from interfering with tribal gaming enterprises catering primarily to non-Indian participants and operating in Indian country. As a result of that ruling-and of Congress's subsequent passage of the Indian Gaming Regulatory Act-tribal gaming has become a multibillion dollar business encompassing 425 casinos operated by 238 tribes in 29 states. Such enormous growth has funded a renaissance of reservation self-governance and culture, once written off as permanently impoverished.

As Rossum shows, "Cabazon" also brings together in one case a debate over the meaning of tribal sovereignty, the relationship of tribes to the federal government and the states, and the appropriateness of having distinctive canons of construction for federal Indian law. His concise and insightful study makes clear the significance of this landmark case as it attests to the sovereignty of both Native Americans and the law.

Reproductive choices are at once the most private and intimate decisions we make in our lives and undeniably also among the most public. Reproductive decision making takes place in a web of overlapping concerns - political and ideological, socio-economic, health and health care - all of which engage the public and involve strongly held opinions and attitudes about appropriate conduct on the part of individuals and the state. Law, Policy and Reproductive Autonomy examines the idea of reproductive autonomy, noting that in attempting to look closely at the contours of the concept, we begin to see some uncertainty about its meaning and legal implications - about how to understand reproductive autonomy and how to value it. Both mainstream and feminist literature about autonomy contribute valuable insights into the meaning and implications of reproductive autonomy. The developing feminist literature on relational autonomy provides a useful starting point for a contextualised conception of reproductive autonomy that creates the opportunity for meaningful exercise of reproductive choice. With a contextualised approach to reproductive autonomy as a backdrop, the book traces aspects of the regulation of reproduction in Canadian, English, US and Australian law and policy, arguing that not all reproductive decisions necessarily demand the same level of deference in law and policy, and making recommendations for reform.

Privacy is gravely endangered in the digital age, and we, the digital citizens, are its principal threat, willingly surrendering it to avail ourselves of new technology, and granting the government and corporations immense power over us. In this highly original work, Firmin DeBrabander begins with this premise and asks how we can ensure and protect our freedom in the absence of privacy. Can-and should-we rally anew to support this institution? Is privacy so important to political liberty after all? DeBrabander makes the case that privacy is a poor foundation for democracy, that it is a relatively new value that has been rarely enjoyed throughout history-but constantly persecuted-and politically and philosophically suspect. The vitality of the public realm, he argues, is far more significant to the health of our democracy, but is equally endangered-and often overlooked-in the digital age.

A succinct, clear, and accessible introduction to the role and place of law in modern society, this addition to the 'Clarendon Law Series' explores the idea that the legal system is a highly developed social system, which has a distinct character and structure, and which shapes and influences behaviour.

Nobody's Law shows how people - who are disappointed, disenchanted, and outraged about the justice system - gradually move away from law. Using detailed case studies and combining different theoretical perspectives, this book explores the legal consciousness of ordinary people, businessmen, and street-level bureaucrats in the Netherlands. The empirical research in this study tells an original and alternative narrative about the role of law in everyday life. While previous studies emphasize the law's hegemony and argue that it's 'all over', Hertogh shows that legal proliferation makes it harder for people to know, and subsequently identify with, the law. As a result, official law has become increasingly remote and irrelevant to many people. The central finding presented in this highly topical text is that these developments signal a process of 'legal alienation'- a gradual and mundane process with potentially serious consequences for the legitimacy of law. A timely and original study, this book will be of particular interest to scholars in the fields of law and society, socio-legal studies and legal theory.

This book analyses in a comprehensive manner the phenomenon of 'public interest' in different areas of law, both public and private. The term 'public interest' can be found in a wide range of legislation and it is used extensively in judicial practice and public administration. Yet, it has received surprisingly little attention in academia. As a result, it is used for various, often contradictory purposes. Justifications for its application are rarely convincing and the concept is often confused with similar legal institutions such as state interest, societal interest and public welfare, which, however, serve quite different purposes. Further to the relevant public being defined, the weight of public interest in case of conflict with other considerations will be examined and the legal consequences of its breach (e.g. nullity, damages and penalties) considered.The book's objectives are therefore manifold. First and foremost, it aims to provide a definition of the notion of public interest and to determine its main attributes, particularly against the background of the notion of private interest. In order to achieve this, the concepts philosophical underpinnings will be outlined, as will its historical developments and its application in different times and socio-economic conditions. Consequently, the book will assist in applying the concept of public interest with a clear understanding of its substance, normative function and its relationship to other relevant legal institutions. The book focuses on the concept's application across the spectrum of legal disciplines ranging from constitutional and administrative law to corporate and insolvency law, from criminal law to environmental law, and from competition law to labour law. In order to provide concrete examples of legislative and judicial practice, the book analyses three jurisdictions in particular Austria, the Czech Republic and the European Union.This book is not only an important addition to legal scholarship but, importantly, contributes to the improvement of decision-making processes at all levels of government. It will be of interest to scholars, practicing lawyers, judges and officials in public administration alike.

This book examines the intersections between the ways that marriage was represented in eighteenth-century writing and art, experienced in society, and regulated by law. The interdisciplinary and comparative essays explore the marital experience beyond the 'matrimonial barrier' to encompass representations of married life including issues of spousal abuse, parenting, incest, infidelity and the period after the end of marriage, to include annulment, widowhood and divorce. The chapters range from these focuses on legal and social histories of marriage to treatments of marriage in eighteenth-century periodicals, to depictions of married couples and families in eighteenth-century art, to parallels in French literature and diaries, to representations of violence and marriage in Gothic novels, and to surveys of same-sex partnerships. The volume is aimed towards students and scholars working in the long eighteenth century, gender studies, women's writing, publishing history, and art and legal historians.

This book reinvigorates the field of socio-legal inquiry examining the relationship between law and demography. Originally conceived as 'population law' in the 1960s following a growth in population and a use of law to temper population growth, this book takes a new approach by examining how population change can affect the legal system, rather than the converse. It analyses the impact of demographic change on the judicial system, with a geographic focus on Australian courts but with global insights and it raises questions about institutional structures. Through four case studies, it examines how demographic change impacts on the judicial system and how should the judicial system adapt to embody a greater preparedness for the demographic changes that lie ahead? It makes recommendations for reform and speaks to applied demographers, socio-legal scholars, and those interested in judicial institutions.

This book describes the state of the art and future prospects of the most important bio-medicolegal subdisciplines in the post-genomic framework of personalized medicine. Focusing on the three main themes Innovation, Unitariness and Evidence, the book addresses a wide range of topics, including: Bio-Medicolegal and Criminological Sciences, Forensic Pathology and Anthropology, Clinical and Forensic Medicine in Living Persons (from Interpersonal Violence to Personal Injury and Damage, Malpractice, Personal Identification and Age Estimation), Forensic Genetics and Genomics, and Toxicology and Imaging. The unitariness of the "Bio-Medicolegal Sciences", historically founded on the accuracy and rigor of the methods of ascertainment and criteria of evaluation, should be re-established on the basis of molecular evidence, and used to promote Personalized Justice. Taken together, the book's conclusions and future perspectives outline a vision of transdisciplinary innovation and future evidence in the framework of personalized justice.

This book investigates language-related problems which arise in courtroom discourse in the Republic of Cameroon, in Central Africa. While Cameroon has over 250 national languages, court cases are conducted in the two official languages: English and French. This is despite the fact that 40% of the adult population is illiterate in these languages, and means that lay litigants often encounter language-related problems during trials. In this study, the author makes use of Speech Act Theory and Interactional Sociolinguistics to analyse the speech acts of both legal professionals and lay litigants as observed in 37 legal cases, demonstrating how the use of exoglossic languages in a highly multilingual nation constitutes a serious issue. The book will be of interest to students and scholars of Forensic Linguistics, Language Policy and Planning, and Discourse Analysis, particularly those with an interest in the African context.

Difference, diversity and disagreement are inevitable features of our ethical, social and political landscape. This collection of new essays investigates the ways that various ethical and religious traditions have dealt with intramural dissent; the volume covers nine separate traditions: Confucianism, Buddhism, Christianity, Judaism, Islam, liberalism, Marxism, South Asian religions and natural law. Each chapter lays out the distinctive features, history and challenges of intramural dissent within each tradition, enabling readers to identify similarities and differences between traditions. The book concludes with an Afterword by Michael Walzer, offering a synoptic overview of the challenge of intramural dissent and the responses to that challenge. Committed to dialogue across cultures and traditions, the collection begins that dialogue with the common challenges facing all traditions: how to maintain cohesion and core values in the face of pluralism, and how to do this in a way that is consistent with the internal ethical principles of the traditions.

This book explores the use of restorative justice approaches in the context of environmental crimes. It critically assesses regular criminal justice approaches with regard to green crimes and explores restorative justice conferencing as an alternative. Focussing on justice approaches in Australia and New Zealand, it argues that court processes following environmental offending provide minimal to no offender and victim voice, interaction, and input, rendering them invisible. It proposes a third measure of justice - that of meaningful involvement, beyond that of fair procedure and outcome. It suggests the use of restorative justice conferencing, a facilitated dialogue between stakeholders to crime or conflict, as a vehicle to operationalise and achieve justice as meaningful involvement. This book speaks to those interested in green criminology, victimology and environmental law.

Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach highlights the importance of addressing the variance of perspectives inherent to the field. In Part II, Core Issues, chapters offer an exploration of major legal institutions, processes, professionals, and cultures associated with particular legal subjects. Since authors utilize the perspective of at least two different legal systems, this book offers a truly thorough and wide-ranging focus. The general reader, as well as students and scholars, will find this handbook useful in their continuing explorations into the interaction between law and society. Practitioners such as lawyers and judges with an interest in global perspectives of law will also find much to admire in this innovative volume. Contributors: M. Adler, N. Brewer, D.S. Clark, R. Cotterrell, B.L. Cutler, T. Ginsburg, M. Goodale, C. Guarnieri, R. Horry, B. Luppi, S.C. McCaffrey, E. Mertz, D. Nelken, F. Pakes, M.A. Palmer, F. Parisi, J.T. Polk, J.C. Reitz, R.E. Salcido, S. Stendahl, J.C. Suk, G.A. Tarr, S.C. Thaman, K. van Aeken, H.J. Wiarda

This book examines the practice of transitional justice in the Solomon Islands from the period of the 'The Tensions' to the present. In late 1998, the Solomon Islands were plunged into a period of violent civil conflict precipitated by a complex web of grievances, injustices, ethnic tensions, and economic insecurities. This conflict dragged on until the middle of 2003, leaving an estimated 200 people dead and more than 20 000 displaced from their homes. In the time that has elapsed since the end of The Tensions, numerous-at times incompatible-approaches to transitional justice have been implemented in the Solomon Islands. The contributors to this volume examine how key global trends and debates about transitional justice were played out in the Solomon Islands, how its key mechanisms were adapted to meet the specific demands of post-conflict justice in this local context, and how well its practices and processes fulfilled their perceived functions.

This book assesses the implications of how children and young people are represented in print media in Northern Ireland - a post-conflict transitioning society. Gordon analyses how children and young people's perceived involvement in anti-social and criminal behaviour is constructed and amplified in media, as well as in popular and political discourses. Drawing on deviancy amplification, folk devils and moral panics, this original study specifically addresses the labelling perspective and confirms that young people are convenient scapegoats - where their negative reputation diverts attention from the structural and institutional issues that are inevitable in a post-conflict society. Alongside content analysis from six months of print media and a case study on the representation of youth involvement in 'sectarian' rioting, this book also analyses interviews with editors, journalists, politicians, policy makers and a spokesperson for the Police Service of Northern Ireland. Noting the importance of prioritising the experiences of children, young people and their advocates, this timely and engaging research will be of specific interest to scholars and students of criminal justice, criminology, socio-legal studies, sociology, social policy, media studies, politics and law, as well as media professionals and policy makers.

As the challenge of climate change begins to impact upon all aspects of everyday life, the need for a wider approach to its legal implications is never more urgent. This unique text from some of the country's top legal academics as well as Stanford University's Professor Armin Rosencranz, illustrates with disturbing clarity how legal policy, litigation, investment, corporations law, labour law, property law, international law, and WTO law all intersect with the environmental legal framework when considering the impacts of climate change. Members of the Climate Law and Policy Group and invited speakers from a conference hosted at Sydney Law School by the Australian Centre for Climate and Environmental Law (ACCEL) entitled 'Intersections Between Global Climate Change, Law and Policy' presented the papers that now comprise the chapters of this edited collection. For some this was their first-ever foray into the relationship between an area of law in which they had been immersed for years and global climate change. The chapters are in no way the authors' final and or definitive contributions to the field, which is a reflection of the ongoing debate and research findings by scientists and others, yet the reader will find much to stimulate their thinking about this broad-ranging topic.

How our national identity has changed in significant and unexpected ways since the attacks of 9/11 Beautifully written and carefully reasoned, this bold and provocative work upends the conventional wisdom about the American reaction to crisis. Margulies demonstrates that for key elements of the post-9/11 landscape-especially support for counterterror policies like torture and hostility to Islam-American identity is not only darker than it was before September 11, 2001, but substantially more repressive than it was immediately after the attacks. These repressive attitudes, Margulies shows us, have taken hold even as the terrorist threat has diminished significantly. Contrary to what is widely imagined, at the moment of greatest perceived threat, when the fear of another attack "hung over the country like a shroud," favorable attitudes toward Muslims and Islam were at record highs, and the suggestion that America should torture was denounced in the public square. Only much later did it become socially acceptable to favor "enhanced interrogation" and exhibit clear anti-Muslim prejudice. Margulies accounts for this unexpected turn and explains what it means to the nation's identity as it moves beyond 9/11. We express our values in the same language, but that language can hide profound differences and radical changes in what we actually believe. "National identity," he writes, "is not fixed, it is made."

View the Table of Contents.
Read the Introduction.

"This is a spectacular collection of essays on the present and future of virtual worlds. It's a perfect introduction for those who have yet to experience them, and more important, a thoughtful companion for those who do."
--Jonathan Zittrain, Oxford University

"The State of Play is an extremely comprehensive look into digital worlds and how those worlds are evolving cultures, changing lives, reshaping the way we think and communicate. If you want to understand where modern culture is headed and learn more about incredibly fascinating experiences taking place in virtual worlds, pick up and read this book now."
--Richard Garriott, a.k.a. Lord British, Creator of Ultima Online and Executive Producer, NCsoft

"These essays, by the best thinkers in their fields, will be read, debated, taught, and cited in court cases as we struggle to figure out how to live in a world which is part digital and part social, part real and part imaginary."
--Henry Jenkins, author of "Convergence Culture: Where Old and New Media Collide"

aIs useful and interesting for students of surveillance.a--"Surveillance & Society"

aWith diverse essays from game designers, social scientists and legal scholars, The State of Play is a provocative consideration of virtual jurisprudence.a
--"Paste Magazine"

aFor those who want to skip over the hype and dive into the issue, it is hard to imagine a better resource.a
--Cecily Deane Mak, Senior Counsel, Music at RealNetworks.

aReading The State of Play is an adventure. It is the first real step of a journey into the outer limits of the physical world and the inner realms of the virtualwithin the boundaries of societyas comfort zone. It is an exploratory glimpse into how digital worlds may change the future, reshape our own reflection, and challenge real-world laws.a
--"New York Law Journal"

a...traces the fate of playtime over the centuries.a
--"Slate.com"

The State of Play presents an essential first step in understanding how new digital worlds will change the future of our universe. Millions of people around the world inhabit virtual words: multiplayer online games where characters live, love, buy, trade, cheat, steal, and have every possible kind of adventure. Far more complicated and sophisticated than early video games, people now spend countless hours in virtual universes like Second Life and Star Wars Galaxies not to shoot space invaders but to create new identities, fall in love, build cities, make rules, and break them.

As digital worlds become increasingly powerful and lifelike, people will employ them for countless real-world purposes, including commerce, education, medicine, law enforcement, and military training. Inevitably, real-world law will regulate them. But should virtual worlds be fully integrated into our real-world legal system or should they be treated as separate jurisdictions with their own forms of dispute resolution? What rules should govern virtual communities? Should the law step in to protect property rights when virtual items are destroyed or stolen?

These questions, and many more, are considered in The State of Play, where legal experts, game designers, and policymakers explore the boundaries of free speech, intellectual property, and creativity in virtual worlds. The essays explore both the emergence of law inmultiplayer online games and how we can use virtual worlds to study real-world social interactions and test real-world laws.

Contributors include: Jack M. Balkin, Richard A. Bartle, Yochai Benkler, Caroline Bradley, Edward Castronova, Susan P. Crawford, Julian Dibbell, A. Michael Froomkin, James Grimmelmann, David R. Johnson, Dan Hunter, Raph Koster, F. Gregory Lastowka, Beth Simone Noveck, Cory Ondrejka, Tracy Spaight, and Tal Zarsky.

Every criminal case starts in a magistrates' court, and most end there. Last year, the 14,000 magistrates of England & Wales dealt with almost 1.4 million cases. But, what exactly does a magistrate do, who are they, and how are they recruited and trained? Are they out-of-touch and unrepresentative, or still fit for purpose with a role to play in today's increasingly sophisticated and complex judicial system? The Secret Magistrate takes the reader on an eye-opening, behind-the-scenes tour of a year in the life of an inner-city magistrate. Chapters cover a variety of cases including the disqualified driver who drove away from court, the Sunbed Pervert, and Fifi the Attack Chihuahua. Foreword by Malcolm Richardson OBE | Chair, Magistrates Association, 2015-17. All royalties due to The Secret Magistrate from sales of this book will go to charity.

This book involves a variety of aspects and levels, including the diachronic and synchronic dimensions. Law profoundly affects our daily lives, but its language and culture can at times be nearly impossible to understand. As a comparative study of Chinese and Western legal language and legal culture, this book investigates the similarities and differences of both sides and identifies their respective advantages and disadvantages. Accordingly, it considers both social and cultural functions, and both theoretical and practical values. Firstly, the book addresses the differences, that is, the basic frameworks and disparities between the Chinese and Western legal languages and legal cultures. Secondly, it explores relevant changes over time, that is, the historical evolution and the basic driving forces that were at work before the Chinese and Western legal languages and cultures "met." Lastly, the book elaborates on their fusion, that is, the conflicts and changes in Chinese and Western legal languages and cultures in China in the modern era, as well as the introduction, transplantation and transformation of Western legal culture.

The relationships between knowledge, technologies, and legal processes are central to the constitution of contemporary societies. As such, they have come to provide the focus for a range of academic projects, across interdisciplinary legal studies and the social sciences. The domains of medical law and ethics, intellectual property law, environmental law and criminal law are just some of those within which the pervasive place and 'impact' of technoscience is immediately apparent. At the same time, social scientists investigating the making of technology and expertise - in particular, scholars working within the tradition of science and technology studies - frequently interrogate how regulation and legal processes, and the making of knowledge and technologies, are intermingled in complex ways that come to shape and define each other. This book charts the important interface between studies of law, science and society, as explored from the perspectives of socio-legal studies and the increasingly influential field of science and technology studies. It brings together scholars from both areas to interrogate the joint roles of law and science in the construction and stabilization of socio-technical networks, objects, and standards, as well as their place in the production of contemporary social realities and subjectivities.

New edition of our best-selling book which helps social workers gain a comprehensive understanding of how to achieve best practice in applying the Care Act 2014. It covers the key stages of the 'care and support journey' - first contact, assessment of needs, prevention, consideration of eligibility, charging and financial assessment, care and support planning, and review. In addition, other chapters look at significant issues such as safeguarding and working with NHS colleagues. The core aims are to provide the following: a solid foundation for social work students in developing a critical understanding of the Care Act and its application, the material to help experienced social workers with developing the critical reflection necessary to enhance their ability to make professional judgements a source of reference which social workers can use to evaluate their local systems, policies and procedures. The second edition also provides practice examples of mistakes that have been made in applying the Care Act and the statutory guidance. It sets out more considered description of how social workers might apply the statutory guidance on personal budgets.

This volume addresses the study of family law and society in Europe, from medieval to contemporary ages. It examines the topic from a legal and social point of view. Furthermore, it investigates those aspects of the new family legal history that have not commonly been examined in depth by legal historians. The volume provides a new 'global' interpretative key of the development of family law in Europe. It presents essays about family and the Christian influence, family and criminal law, family and civil liability, filiation (legitimate, natural and adopted children), and family and children labour law. In addition, it explores specific topics related to marriage, such as the matrimonial property regime from a European comparative perspective, and impediments to marriage, such as bigamy. The book also addresses topics including family, society and European juridical science.