How did the United States, a nation known for protecting the "right to remain silent" become notorious for condoning and using controversial tactics like water boarding and extraordinary rendition to extract information? What forces determine the laws that define acceptable interrogation techniques and how do they shift so quickly from one extreme to another?
In Confessions of Guilt, esteemed scholars George C. Thomas III and Richard A. Leo tell the story of how, over the centuries, the law of interrogation has moved from indifference about extreme force to concern over the slightest pressure, and back again. The history of interrogation in the Anglo-American world, they reveal, has been a swinging pendulum rather than a gradual continuum of violence.
Exploring a realist explanation of this pattern, Thomas and Leo demonstrate that the law of interrogation and the process of its enforcement are both inherently unstable and highly dependent on the perceived levels of threat felt by a society. Laws react to fear, they argue, and none more so than those that govern the treatment of suspected criminals.
From England of the late eighteenth century to America at the dawn of the twenty-first, Confessions of Guilt traces the disturbing yet fascinating history of interrogation practices, new and old, and the laws that govern them. Thomas and Leo expertly explain the social dynamics that underpin the continual transformation of interrogation law and practice and look critically forward to what their future might hold.

The Economics of Immigration summarizes the best social science studying the actual impact of immigration, which is found to be at odds with popular fears. Greater flows of immigration have the potential to substantially increase world income and reduce extreme poverty. Existing evidence indicates that immigration slightly enhances the wealth of natives born in destination countries while doing little to harm the job prospects or reduce the wages of most of the native-born population. Similarly, although a matter of debate, most credible scholarly estimates of the net fiscal impact of current migration find only small positive or negative impacts. Importantly, current generations of immigrants do not appear to be assimilating more slowly than prior waves. Although the range of debate on the consequences of immigration is much narrower in scholarly circles than in the general public, that does not mean that all social scientists agree on what a desirable immigration policy embodies. The second half of this book contains three chapters, each by a social scientist who is knowledgeable of the scholarship summarized in the first half of the book, which argue for very different policy immigration policies. One proposes to significantly cut current levels of immigration. Another suggests an auction market for immigration permits. The third proposes open borders. The final chapter surveys the policy opinions of other immigration experts and explores the factors that lead reasonable social scientists to disagree on matters of immigration policy.

Patently innovative provides a review of the importance of traditional patent law and emerging linkage regulations for pharmaceutical products on the global stage, with a focus on the linkage regime in Canada. The primary focus is on how innovation in the pharmaceutical sector can be strongly regulated and how government regulation can either stimulate or inhibit development of breakthrough products.
Includes empirical research to relate innovation to drug lawA multidisciplinary approach is taken, including the intersection of IP (intellectual property) law, drug law and innovationDiscusses the impact of government regulation on firm innovation

This book discusses the combined fields of Intellection Property and Information Science. At this crossroads of these two disciplines are lawyers, educators, intellectual property specialists, searchers, librarians, and consultants, each requiring a lengthy list of skills necessary for the job. The results of the work they do is used for business and legal decisions across many sectors of our society, including industry, academia, government, and non-profits, to name a few. This book originated from the American Chemical Society (ACS) Symposium entitled "IP to IP: Intellection Property for Information Professionals," presented in Washington DC on August 19th, 2009. It was organized to highlight the specialty training and education required to work in this field. The book is targeted towards Information Scientists learning about Intellectual Property. Traditional education sources such as universities are represented, and are specialty offerings from the pharmaceutical sector and the United States Patent and Trademark Office (USPTO).
The original six sessions from the Symposium are included in this text as separate chapters: Education and Certification of Patent Information Professionals in Europe; The PERI Patent Information Course; Law Librarianship: Exploring current trends in the 21st century; The USPTO: Education of the Inventor Community; Copyright Basics; Recent Developments in Patent Reform. Additional chapters and content have been added to more fully develop this text.
Although this Symposium captured several intellectual property topics with current information for mid-2009, this content should still prove to be a valuable resource to the reader in future years. This book is an resource for students or others looking to take the next step into intellectual property as a new career choice.

A Restatement of the English Law of Unjust Enrichment represents a wholly novel idea within English law. Designed to enhance understanding of the common law the Restatement comprises a set of clear succinct rules, fully explained by a supporting commentary, that sets out the law in England and Wales on unjust enrichment. Written by one of the leading authorities in the area, in collaboration with a group of senior judges, academics, and legal practitioners, the Restatement offers a powerfully persuasive statement of the law in this newly recognized and uncertain branch of English law. Many lawyers and students find unjust enrichment a particularly difficult area to master. Combining archaic terminology with an historic failure to provide a clear conceptual structure, the law remained obscure until its recent rapid development in the hands of pioneering judges and academics. The Restatement builds on the clarifications that have emerged in the case law and academic literature to present the best interpretation of the current state of the law. The Restatement will be accessible to, and of great practical benefit to, students, academics, judges, and lawyers alike as they work with this area of law. The text of the Restatement is supported by full commentary explaining its provisions and roots together with its application to real and hypothetical cases. The Restatement appears as European private law takes its first steps towards harmonization. In providing an accessible survey of the English law, the Restatement will offer an important reference point for the English position on unjust enrichment in the harmonization debates. Also appearing shortly after the United States Third Restatement on Restitution and Unjust Enrichment, this Restatement offers an interesting contrast with American law in this area.

The Language of Murder Cases describes fifteen court cases for which Roger Shuy served as an expert language witness, and explains the issues at stake in those cases for lawyers and linguists. Investigations and trials in murder cases are guided by the important legal terms describing the mental states of defendants-their intentionality, predisposition, and voluntariness. Unfortunately, statutes and dictionaries can provide only loose definitions of these terms, largely because mental states are virtually impossible to define. Their meaning, therefore, must be adduced either by inferences and assumptions, or by any available language evidence-which is often the best window into a speaker's mind. Fortunately, this window of evidence exists primarily in electronically recorded undercover conversations, police interviews, and legal hearings and trials, all of which are subject to linguistic analysis during trial. This book examines how vague legal terminology can be clarified by analysis of the language used by suspects, defendants, law enforcement officers, and attorneys. Shuy examines speech events, schemas, agendas, speech acts, conversational strategies, and smaller language units such as syntax, lexicon, and phonology, and discusses how these examinations can play a major role in deciding murder cases. After defining key terms common in murder investigations, Shuy describes fifteen fascinating cases, analyzing the role that language played in each. He concludes with a summary of how his analyses were regarded by the juries as they struggled with the equally vague concept of reasonable doubt.

This second edition of Understanding Money Laundering and Illicit Financial Flows explains these two concepts and outlines strategic responses to deal with them. The book explores the forms of money laundering and illicit financial transfers; mechanisms used to launder money; measures to curb, investigate and monitor these crimes; and asset forfeiture.

Understanding Money Laundering and Illicit Financial Flows also considers new strategic approaches to combating these crimes. It touches briefly on the funding of terrorism, which is seen as closely connected to laundering and illicit transfers. The book includes clear illustrations, useful statistics, explanations of frequently used terms, a comprehensive bibliography and recommendations for further reading.

Understanding Money Laundering and Illicit Financial Flows provides the reader with an easy entry into these complex subjects. The book will be useful not only for role players in the public sector – such as policy makers, politicians, law enforcement officials and regulators – but also for businesses and managers in the private sector. Written in an accessible way, the book is aimed at both professionals and a broader audience.

American Indian tribes have long been recognized as "domestic, dependent nations" within the United States, with powers of self-government that operate within the tribes' sovereign territories. Yet over the years, Congress and the Supreme Court have steadily eroded these tribal powers. In some respects, the erosion of tribal powers reflects the legacy of an imperialist impulse to constrain or eliminate any political power that may compete with the state. These developments have moved the nation away from its early commitments to a legally plural society-in other words, the idea that multiple nations and their legal systems could co-exist peacefully in shared territories. Shadow Nations argues for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism that operated in the nation's earliest years. From an ideological standpoint, this means that we must reexamine several long-held commitments. One is to legal centralism, the view that the nation-state and its institutions are the only legitimate sources of law. Another is to liberalism, the dominant political philosophy that undergirds our democratic structures and situates the individual, not the group or a collective, as the bedrock moral unit of society. From a constitutional standpoint, establishing more robust expressions of tribal sovereignty will require that we take seriously the concerns of citizens, tribal and non-tribal alike, who demand that tribal governments operate consistently with basic constitutional values. From an institutional standpoint, these efforts will require a new, flexible and adaptable institutional architecture that is better suited to accommodating these competing interests. Argued with grace, humanity, and a peerless scholarly eye, Shadow Nations is a clarion call for a true and consequential rethinking of the legal and political relationship between Indigenous tribes and the United States government.

The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.

Since Illinois became a state in 1818, it has been a microcosm of the country at every stage of its development, from its status as a "free" state in antebellum America to a state rich in agriculture and industry whose goods and services now travel the world. Illinois' four state constitutions have reflected its changing values. Illinois is currently one of the few states that have adopted a new constitution since World War II. This 1970 constitution has become a model for countries in Central and Eastern Europe seeking examples of modern American constitutions.
The Illinois State Constitution traces the history of the state's constitution from its statehood in 1818 to the adoption of the state's fourth constitution in 1970. Ann M. Lousin, who has been involved in Illinois constitutional development and government for over four decades, provides provision-by-provision commentary and analysis of the state's current constitution, covering the Preamble, the Bill of Rights, and the various articles and amendments, including a survey of case law under each provision. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States.

The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.
Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

This volume responds to a growing interest in the language of legal settings by situating the study of language and law within contemporary theoretical debates in discourse studies, linguistic anthropology, and sociolinguistics. The chapters in the collection explore many of the common occasions when those acting on behalf of the legal system, such as the police, lawyers and judges, interact with those coming into contact with the legal system, such as suspects and witnesses. However the chapters do this work through the conceptual lens of 'textual travel', or the way that texts move across space and time and are transformed along the way. Collectively, notions of textual travel shed new light on the ways in which texts can influence, and are influenced by, social and legal life. With contributions from leading experts in language and law, Legal-Lay Communication explores such 'textual travel' themes as the mediating role of technologies in the investigatory stages of the legal process, the centrality of intertextuality in the legal construction of cases in court, the transformative effects of recontextualization in processes of judicial decision-making, and the way that processes of textual travel disturb the apparent permanence of legal categorization. The book challenges both the notion of legal text as a static repository of meaning and the very idea of legal-lay or lay-legal communication.

Over the years, numerous tragic events serve as a reminder of the extraordinary power of extremism, both on a religious and secular level. As extremism confronts society on a daily basis, it is essential to analyze, comprehend, and define it. It is also essential to define extremism narrowly in order to avoid the danger of recklessly castigating for mere thoughts alone. Tolerating Intolerance provides readers with a focused definition of extremism, and articulates the tensions faced in casting an arbitrary, capricious net in an effort to protect society, while offering mechanisms to resolve its seemingly intractable conundrum. Professor Guiora examines extremism in six different countries: Germany, Israel, the Netherlands, Norway, the United Kingdom, and the United States through interviews with a wide range of individuals including academics, policy makers, faith leaders, public commentators, national security and law enforcement officials. This enables both an in-depth discussion of extremism in each country, and facilitates a comparative analysis regarding both religious and secular extremism.

A History of Civil Litigation: Political and Economic Perspectives, by Frank J. Vandall, studies the expansion of civil liability from 1466 to 1980, and the cessation of that growth in 1980. It evaluates the creation of tort causes of action during the period of 1400-1980. Re-evaluation and limitation of those developments from 1980, to the present, are specifically considered.
The unique focus of the book is first, to argue that civil justice no longer rests on historic foundations, such as, precedent, fairness and impartiality, but has shifted to power and influence. Reform in the law (legislative, judicial, and regulatory) is today driven by financial interests, not precedent, not a neutral desire for fairness, and not to "make it better." It uses products, cases and policies for much of its argument. These policies can be summarized as a shift from a balanced playing field, negligence, to one that favors injured consumers. The strict liability foreshadowed by Judge Traynor, in Escola v. Coca Cola (1944), was not adopted until 1962, when Traynor wrote the majority opinion in Greenman v. Yuba Power Products for the California Supreme Court. Second, the book examines the role of persuasive non-governmental agencies, such as the American Law Institute, in reforming and shaping civil justice.
Never has it been less true that we live under the rule of law. Congress, agencies and the courts make the law, but they are driven by those who have a large financial stake in the outcome. Today, those with power shape the character of products liability law, at every turn.

In Genocide Denials and the Law, Ludovic Hennebel and Thomas Hochmann offer a thorough study of the relationship between law and genocide denial from the perspectives of specialists from six countries. This controversial topic provokes strong international reactions involving emotion caused by denial along with concerns about freedom of speech.
The authors offer an in-depth study of the various legal issues raised by the denial of crimes against humanity, presenting arguments both in favor of and in opposition to prohibition of this expression. They do not adopt a pro or contra position, but include chapters written by proponents and opponents of a legal prohibition on genocide denial.
Hennebel and Hochmann fill a void in academic publications by comparatively examining this issue with a collection of original essays. They tackle this diverse topic comprehensively, addressing not only the theoretical and philosophical aspects of denial, but also the specific problems faced by judges who implement anti-denial laws. Genocide Denials and the Law will provoke discussion of many theoretical questions regarding free speech, including the relationship between freedom of expression and truth, hate, memory, and history.

The Law of Succession in South Africa is the third edition of this highly regarded work, providing a comprehensive discussion of all aspects of the law of succession.

Building upon the substantial contributions of Mr Justice Corbett and Professor Ellison Kahn, the new edition brings the law up to date and includes commentary on new developments since the last edition.

The Law of Succession in South Africa provides all-new commentary on developments, especially those brought about as a result of the re-evaluation of legal positions in light of the advent of the constitution.

Since the end of the Cold War, there has been a dramatic expansion in both the international human rights system and the transnational networks of activists, development organizations, and monitoring agencies that partially reinforce it. Yet despite or perhaps because of this explosive growth, the multiple statuses of human rights remain as unsettled as ever. Human Rights at the Crossroads brings together preeminent and emerging voices within human rights studies to think creatively about problems beyond their own disciplines, and to critically respond to what appear to be intractable problems within human rights theory and practice. It includes essays that rethink the ideas surrounding human rights and dignity, human rights and state interests in citizenship and torture, the practice of human rights in politics, genocide, and historical re-writing, and the anthropological and medical approaches to human rights. Human Rights at the Crossroads provides an integrative and interdisciplinary answer to the existing academic status quo, with broad implications for future theory and practice in all fields dealing with the problems of human rights theory and practice.

Content Licensing is a wide-ranging and comprehensive guide to providing content for dissemination electronically. It outlines a step-by-step introduction to the why, how, and frequently asked questions of digital content and how to license it. In addition, it examines the context in which licensing takes place. What makes the book unique is that it examines licensing from a range of perspectives.
Practical tips for cost-effective licensingGuidance on how to ensure the most effective use is made of electronic resourcesInvaluable for publishers, libraries and distributors

This publication is the first book on the law of contract in Namibia, covering the common law and referencing Namibian legislation and case law.

This groundbreaking collection of essays shows that, from the moment European expansion commenced through to the twentieth century, indigenous peoples from America, Africa, Australia and New Zealand drafted legal strategies to contest dispossession. The story of indigenous resistance to European colonization is well known. But legal resistance has been wrongly understood to be a relatively recent phenomenon. These essays demonstrate how indigenous peoples throughout the world opposed colonization not only with force, but also with ideas. They made claims to territory using legal arguments drawn from their own understanding of a law that applies between peoples - a kind of law of nations, comparable to that being developed by Europeans. The contributors to this volume argue that in the face of indigenous legal arguments, European justifications of colonization should be understood not as an original and originating legal discourse but, at least in part, as a form of counter-claim.
Native Claims: Indigenous Law against Empire, 1500-1920 brings together the work of eminent social and legal historians, literary scholars, and philosophers, including Rolena Adorno, Lauren Benton, Duncan Ivison, and Kristin Mann. Their combined expertise makes this volume uniquely expansive in its coverage of a crucial issue in global and colonial history. The various essays treat sixteenth- and seventeenth-century Latin America, seventeenth- and eighteenth-century North America (including the British colonies and French Canada), and nineteenth-century Australasia and Africa. There is no other book that examines the issue of European dispossession of native peoples in such a way.

The Death of the Income Tax explains how the current income tax is needlessly complex, contains perverse incentives against saving and investment, fails to use modern technology to ease compliance and collection burdens, and is subject to micromanaging and mismanaging by Congress. Daniel Goldberg proposes that the solution to the problems of the current income tax is completely replacing it with a progressive consumption tax collected electronically at the point of sale.

A Practical Guide for Legal Support Staff provides basic information about various aspects which legal secretaries, legal support staff, paralegals and candidate attorneys will encounter in carrying out their duties in a law firm or similar environment. While being an easy-to-read and user-friendly textbook, the emphasis is placed on acquiring the necessary practice management skills. It includes practical examples of the various forms required for different processes and documents.

Content

• The legal profession
• The attorney’s office
• Communication
• Accounts
• The South African judiciary
• Civil court documents and procedures
• Debt collections
• Administration of estates
• Legal instruments
• Notarial documents
• Conveyancing
• Annexures: Practical examples of the various forms required for different processes

"The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled" is a watershed development in the fields of intellectual property and human rights. As the first international legal instrument to establish mandatory exceptions to copyright, the Marrakesh Treaty uses the legal and policy tools of copyright to advance human rights. The World Blind Union Guide to the Marrakesh Treaty offers a comprehensive framework for interpreting the Treaty in ways that enhance the ability of print-disabled individuals to create, read, and share books and cultural materials in accessible formats. The Guide also provides specific recommendations to government officials, policymakers, and disability rights organizations involved with implementing the Treaty's provisions in national law.

The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. This edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.