The Law of Landlord and Tenant revisits the law of landlord and tenant in light of the constitutional context to determine how this area of law has developed, especially since the pre-1994 era, to further constitutional goals.

The purpose of the volume is to place legislation, case law, academic analysis and policy considerations in the context of the constitutional framework within which private law rights are acquired, exercised and transferred or lost, but also add to existing academic commentary some sections of foreign law where the comparison might provide insight to the South African landlord-tenant context.

Realising the Right to Basic Education examines the crucial roles of civil society and the courts in developing the right to education in South Africa amid substantial and persistent inequalities in education provisioning. Unlike other socio-economic rights in the Constitution, the right to basic education is framed as an unqualified right - it is not subject to qualifiers such as 'progressive realisation' and 'within the state's available resources'. Yet, two and a half decades into South Africa's constitutional democracy, the apartheid legacy of unequal education still lingers. Poor, predominantly black learners continue to attend historically disadvantaged schools that are often severely under-resourced, producing poor learner outcomes. This has given rise to a wave of civil society activism since around 2008 - and organisations have been utilising legal mobilisation as a key tool to effect change in historically disadvantaged schools. The litigation initiated by these organisations has contributed to a rich and evolving jurisprudence on the right to basic education as a substantive right. However, in a significant number of these cases, the relevant education departments have not complied with court orders, requiring litigants to seek increasingly innovative, experimentalist and even coercive remedies to ensure that judgments are implemented. Realising the Right to Basic Education presents an overview of these education-provisioning cases and the roles played by civil society and the courts. It analyses the contribution of these two role-players in the normative development of the right to basic education. The book also aims to identify a viable framework for interpreting the right to basic education - one that can guide South Africa towards adequate education provisioning and, ultimately, facilitate transformation of basic education in South Africa's historically disadvantaged schools.

Corruption in South Africa: A Legal Perspective offers a comprehensive analysis of the legal and institutional frameworks addressing corruption in South Africa. With eleven insightful chapters covering the international anti-corruption landscape, domestic legislation, the impact on human rights, public procurement, money laundering, and the critical role of civil society, courts, and commissions of inquiry, this book is an essential resource for anyone seeking to understand the challenges of corruption in South Africa and the legal battle against it.

Designed for academics, policymakers, legal practitioners, students, and the general public, this groundbreaking work sheds light on a crucial issue facing the nation today. It is written in a style and language that make it accessible and easy to understand even for those without any legal background.

Stress is an inevitable part of being lawyer and it can even be a positive force - it can help you push through long hours or meet tough targets. However, when stress becomes excessive, it can be damaging to individuals and to firms, leading to mental and physical sickness, lack of morale or a desire to take on additional responsibility, and worse. The problem is widespread. According to a Law Society survey, 95% of lawyers have some negative stress in their jobs, and 17% say that this is extreme. Lawyers feel overloaded with work, unappreciated, isolated, and unsupported; many complain of unattainable targets, poor pay, and long hours. And while many firms say they have programmes in place that are geared towards improving the wellbeing of staff, 66% of lawyers say they would be concerned about reporting feelings of stress to their employer because of the stigma involved. Nobody wishes to be seen as a weak link in the chain of a professional practice. A solution won't be found overnight. This book is designed to encourage lawyers and firms to think more about the question of stress, how to recognise it in others and themselves, and how to take action before it becomes excessive. It is written for lawyers everywhere - regardless of location or career level. Key topics include: What is stress - how does it affect us? How can you prepare for inevitable stress and be better fitted to cope? How can you recognise the signs of stress in yourself and others? What are the particular characteristics of lawyers that make them more susceptible to negative stress? Mindfulness, mind-mindedness, and emotional intelligence (EI) - what they are and how they can help you to cope with stressful situations. Vicarious trauma - how you can be aware of and manage unavoidable emotional reactions to and/or involvement with clients' emotions. Looking after ourselves and our teams - what can (and can't) we do to make things better? The advice is informed by the author's practical experience as a lawyer and psychotherapist, and it is underpinned by recent statistical and research evidence, and illustrated by the personal experiences of lawyers whose stories have been anonymised, deconstructed, and re-arranged for confidentiality. The book also includes tips, exercises, and frameworks to think about in order to help you to tackle stress and promote mental wellbeing.

Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network continues, raising a host of issues regarding international investment law and policy, especially in the area of international investment disputes. This Yearbook monitors current developments in international investment law and policy, focusing (in Part One) on trends in foreign direct investment (FDI), international investment agreements, and investment disputes, with a special look at developments in the oil and gas sector. Part Two, then, looks at central issues in the contemporary discussions on international investment law and policy. With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers.

John Finnis is a pioneer in the development of a new yet classically-grounded theory of natural law. His work offers a systematic philosophy of practical reasoning and moral choosing that addresses the great questions of the rational foundations of ethical judgments, the identification of moral norms, human agency, and the freedom of the will, personal identity, the common good, the role and functions of law, the meaning of justice, and the relationship of morality and politics to religion and the life of faith. The core of Finnis' theory, articulated in his seminal work Natural Law and Natural Rights, has profoundly influenced later work in the philosophy of law and moral and political philosophy, while his contributions to the ethical debates surrounding nuclear deterrence, abortion, euthanasia, sexual morality, and religious freedom have powerfully demonstrated the practical implications of his natural law theory. This volume, which gathers eminent moral, legal, and political philosophers, and theologians to engage with John Finnis' work, offers the first sustained, critical study of Finnis' contribution across the range of disciplines in which rational and morally upright choosing is a central concern. It includes a substantial response from Finnis himself, in which he comments on each of their 27 essays and defends and develops his ideas and arguments.

There has been much discussion worldwide on parenting after parental separation, especially on the desirability for the children involved of equally shared care (co-parenting) and the feasibility of legal arrangements in which the children alternate their residence between their parents' houses (residential co-parenting). Much is unclear about how residential co-parenting affects children and therefore how the legislator and practitioners should deal with this arrangement.Divided Parents, Shared Children seeks to answer three questions to further understand the phenomenon of co-parenting and to provide the legislator, the courts and parents with possible solutions: What kind of legal framework exists in England and Wales, the Netherlands and Belgium with regard to (residential) co-parenting and what can these countries learn from each other's legal systems? Does residential co-parenting occur in the countries discussed, and if so how predominant is it? Should these jurisdictions encourage or discourage residential co-parenting through legal action? To answer these questions, this book uses not only legal data, from both empirical and literature research, but also sociological, psychological and demographic studies into residential arrangements and their effect on children.

Many years after the United States initiated a military response to the terrorist attacks of September 11th, 2001, the nation continues to prosecute what it considers an armed conflict against transnational terrorist groups. Understanding how the law of armed conflict applies to and regulates military operations executed within the scope of this armed conflict against transnational non-state terrorist groups is as important today as it was in September 2001. In The War on Terror and the Laws of War seven legal scholars, each with experience as military officers, focus on how to strike an effective balance between the necessity of using armed violence to subdue a threat to the nation with the humanitarian interest of mitigating the suffering inevitably associated with that use. Each chapter addresses a specific operational issue, including the national right of self-defense, military targeting and the use of drones, detention, interrogation, trial by military commission of captured terrorist operatives, and the impact of battlefield perspectives on counter-terror military operations, while illustrating how the law of armed conflict influences resolution of that issue. This Second Edition carries on the critical mission of continuing the ongoing dialogue about the law from an unabashedly military perspective, bringing practical wisdom to the contentious topic of applying international law to the battlefield.

This updated Basic Guide to Criminal Procedure explains the law of criminal procedure in understandable language and with reference to the rights in the Constitution of South Africa. Useful discussions of relevant cases are included throughout the book. The important forms used in criminal procedure are also provided as annexures at the back of the book. This book is a valuable resource for paralegals, police officers, traffic officials and other law enforcement officers who deal with criminal procedure every day and who must understand and implement the law.

A book series devoted to the common foundations of the European legal systems. The Ius Commune Europaeum series includes comparative legal studies as well as studies on the effect of treaties within national legal systems. All areas of the law are covered. The books are published in various European languages under the auspices of METRO, the Institute for Transnational Legal Research at Maastricht University. This book discusses the impact of EU law on selected national legal systems. The authors analyse how the civil procedure system of their country has reacted to increasing Europeanisation and influence of EU law. They identify significant changes and disseminate the reasons for particular developments and the further implications of EU law on the civil procedure.Europe is in a period of increasing Europeanisation of civil procedure. Procedural elements of EU law are based on decentralised enforcement, leaving enforcement and procedural issues to the Member States. Consequently, there is vast amount of EU case law that is relevant for national procedural law. The supremacy of EU law and, inter alia, the requirements of effectiveness and equivalence may be relevant for several topics of national civil procedural law, for example ex officio application of EU law, enforcement, insolvency proceedings, evidence, etc. Both EU legislation and doctrinal changes in EU case law touch upon various topics of the procedural law of the Member States. In a concluding chapter, a more comprehensive comparison between the countries represented in the book is made. Which doctrines, which pieces of legislation or features in legislation pose problems for national civil procedure? Are some legal systems or topics more prone to integrate European rules, and are others more resistant to changes? This book displays the Europeanisation of national civil procedure law and helps to understand this development from the perspective of Member States.

Taking effective witness statements is a practical book on crime investigations with reference to the role of witness statements in such investigations. The book also delves into how a witness should be prepared before a statement is taken, actions by the interviewer and observations during statement taking. Body language and different methods to approach a witness are discussed as well as the goals of interviewing a witness for the purposes of obtaining an effective statement. Taking effective witness statements focuses on different forms of witness statements and deals with: Requirements for a good statement; Characteristics of a good statement; Practical layout and format of a statement; Language in which a statement is taken; Mistakes made by investigators when writing a statement; Professional aspects that investigators must satisfy to meet requirements.

Co-published by Oxford University Press and the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, the Digest of United States Practice in International Law presents an annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field.
Each year's volume compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. Each document is selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to scholars and practitioners. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text.
Featured in the 2008 Digest are excerpts from and discussion of numerous documents relating to issues of current interest, including the following:
* Department of Justice position on trial and conviction within the U.S. of the son of former Liberian president Charles Taylor, for torture (Chapter 3, "International Criminal Law").
* The U.S.-Libya Claims Settlement Agreement, including the Libyan Claims Resolution Act (enacted August 4, 2008) (Chapter 8, "International Claims and State Responsibility").
* Recognition of Kosovo as a sovereign state and establishment of diplomatic relations with Kosovo (Chapter 9, "Diplomatic Relations, Succession, and Continuity of States").
* Decisions in arbitration regarding the softwood lumber dispute with Canada (Chapter 11, "Trade, Commercial Relations, Investment, and Transportation").
* Statements and speeches of U.S. officials on climate change made at international climate change conferences (Chapter 13, "Environment and Other Transnational Scientific Issues").
* Executive Orders imposing sanctions on Burma, Syria, and Zimbabwe (Chapter 16, "Sanctions").
* U.S. positions on the Israeli-Palestinian conflict as well as peace efforts in Lebanon, Somalia, and Sudan (Chapter 17, "International Conflict Resolution and Avoidance").
* U.S. statements on the Russia-Georgia conflict and other instances of international armed conflict (Chapter 18, "Use of Force, Arms Control and Disarmament, and Nonproliferation").
* U.S. positions on discussions of a possible Protocol to the Convention on Conventional Weapons relating to cluster munitions, and U.S. opposition to a separate Convention on Cluster Munitions (Chapter 18, "Use of Force, Arms Control and Disarmament, and Nonproliferation").
* U.S. federal court decisions on current and former Guantanamo detainees (Boumediene v. Bush, Parhat v. Gates, Gates v. Bismullah, Rasul v. Myers, and In re Guantanamo Bay Detainee Litigation (pertaining to enemy combatant status of Uighur detainees)), military commissions (United States v.Hamdan), detainees held in the United States (Al-Marri v. Pucciarelli), and detainees held by the Multinational Force in Iraq (Munaf v. Geren) (Chapter 18, "Use of Force, Arms Control and Disarmament, and Nonproliferation").
* UN Security Council Resolution and U.S. position on piracy in Somalia (Chapter 18, "Use of Force, Arms Control and Disarmament, and Nonproliferation").
* U.S. positions on nuclear nonproliferation-related issues, including issues relating to North Korea, Iran, Syria, Russia, and India (Chapter 18, "Use of Force, Arms Control and Disarmament, and Nonproliferation").

Copyright looms large in the digital world. As users and creators of expressive works, we all know more about copyright than we did a decade ago. But scholars of modernism have felt a special urgency in grappling with this branch of law, whose rapid expansion in recent years has prolonged or revived the rights in many modernist works. Indeed, thanks to public clashes between estates and users, 'modernism' has lately begun to seem like a byword for contested intellectual property. At the same time, today's volatile legal climate has prompted us to ask how modernism was, from its beginning, shaped by intellectual property law-and how modernists sought variously to exploit, reform, anoint, and evade copyright. We are beginning to discover, too, how copyright's transatlantic and imperial asymmetries during the modernist decades helped set the stage for its geopolitical role in the new millennium. Modernism and Copyright is the first book to take up these questions and discoveries in all their urgency. A truly multi-disciplinary study, it brings together essays by well-known scholars of literature, theater, cinema, music, and law as well as by practicing lawyers and caretakers of modernist literary estates. Its contributors' methods are as diverse as the works they discuss: Ezra Pound's copyright statute and Charlie Parker's bebop compositions feature here, as do early Chaplin, EverQuest, and the Madison Avenue memo. As our portrait of modernism expands and fragments, Modernism and Copyright locates works like these on one of the few landscapes they all clearly share: the uneven terrain of intellectual property law.

The vulnerability of juvenile suspects concerns all phases of proceedings but is probably greatest during interrogations in the investigation stage. These early interrogations often constitute the juvenile suspects' first contact with law enforcement authorities during which they are confronted with many difficult questions and decisions. Therefore, the juvenile suspect should already at this stage be provided with an adequate level of procedural protection. The research project 'Protecting Young Suspects in Interrogations' underlying this volume, sprung from the observation that the knowledge of the existing level of procedural protection of juvenile suspects throughout the European Union is limited. More specifically, there is very little knowledge of what actually happens when juvenile suspects are being interrogated. The research project aims to fill at least part of this gap by shedding more light on the existing procedural rights for juveniles during interrogations in five EU Member States representing different systems of juvenile justice (Belgium, England and Wales, Italy, Poland and the Netherlands). In doing so, it intends to identify legal and empirical patterns to improve the effective protection of the juvenile suspect. The project is a joint effort of Maastricht University, Warwick University, Antwerp University, Jagiellonian University and Macerata University in cooperation with Defence for Children and PLOT Limburg.The present volume contains the results of the first part of the research project: a legal comparative study into existing legal procedural safeguards for juvenile suspects during interrogation in the five selected Member States. The country reports incorporated in this volume provide for an in-depth analysis of the existing rules and safeguards applicable during the interrogation of juvenile suspects. On the basis of these findings a transversal analysis is carried out in the final chapter, which is dedicated to the identification of common patterns with a view to harmonising the systems and improving the protection of juvenile suspects' rights. Part 2 and 3 of the research project (empirical research consisting of observations of recorded interrogations and focus group interviews) and a final merging of the legal and empirical findings resulting in a proposal for European minimum rules and best practice on the protection of juvenile suspects during interrogation will be published in a separate, second volume ('Interrogating Young Suspects: Procedural Safeguards from an Empirical Perspective').The book is intended for academics, researchers, practitioners and policy-makers working in the area of juvenile justice and interrogation.

This book studies the role of international actors in the areas of transitional justice and justice sector aid with respect to traditional justice and legal pluralism in sub-Saharan Africa. Based on a number of case studies, the chapters describe the kinds of policies and interventions that are supported and financed by international actors, with special attention for the kinds of strategies that are deployed in order to address areas of tension with human rights. The volume then explores the relationship between international actors' practices and the body of knowledge that exists in these domains, as well as in general socio legal theory. Thereby, this contribution offers empirical data drawn from examples of who is doing what in a series of case studies, identifies regional trends and links them to the existing literature by examining the extent to which the insights generated so far by scholars and practitioners is reflected in the work of international actors. Based on this, the book formulates a number of hypotheses that may explain current trends and proposes additional issues that need to be considered in future research agendas. Finally, the volume links two fields of intervention that have so far evolved in rather parallel ways and explores the commonalities and differences that can be found in the areas of transitional justice and justice sector aid.

In the last couple of decades the national administrative law of the Member States has been influenced by case law from the Court of Justice of the European Union (CJEU). One of the main objectives of this research is to examine this influence and more specifically the influence of EU law on cooperation between public authorities. The present work examines how and to what extent EU (public procurement) law has an influence on the way a public authority organises and discharges its public service tasks. The object of this book is limited to cooperative agreements (public contracts and service concessions) concluded between public authorities as a means to organise or discharge public service tasks. Public authorities and private enterprises should be made aware as far as possible of the potential impact of EU law on certain types of cooperative agreements. This knowledge will prevent situations where the public authorities are post facto confronted with lawsuits that might force them to withdraw completely from cooperative associations that are already underway. It also enables private enterprises to be aware that in this context they may benefit from an open market. The book gives lawyers and practitioners in the field the most actual theoretical and practical background on the subject.

This second edition of International Environmental Law, Policy, and Ethics revises and expands this groundbreaking study into the question of why the environment is protected in the international arena. This question is rarely asked because it is assumed that each member of the international community wants to achieve the same ends. However, in his innovative study of international environmental ethics, Alexander Gillespie explodes this myth. He shows how nations, like individuals, create environmental laws and policies which are continually inviting failure, as such laws can often be riddled with inconsistencies, and be ultimately contradictory in purpose. Specifically, he seeks a nexus between the reasons why nations protect the environment, how these reasons are reflected in law and policy, and what complications arise from these choices. This book takes account of the numerous developments in international environmental law and policy that have taken place the publication of the first edition, most notably at the 2002 World Summit on Sustainable Development and the 2012 'Rio + 20' United Nations Conference on Sustainable Development. Furthermore, it addresses recent debates on the economic value of nature, and the problems of the illegal trade in species and toxic waste. The cultural context has also been considerably advanced in the areas of both intangible and tangible heritage, with increasing attention being given to conservation, wildlife management, and the notion of protected areas. The book investigates the ways in which progress has been made regarding humane trapping and killing of animals, and how, in contrast, the Great Apes initiative, and similar work with whales, have failed. Finally, the book addresses the fact that while the notion of ecosystem management has been embraced by a number of environmental regimes, it has thus far failed as an international philosophy.

Based on case studies spanning time and geography from the Spanish to the Nigerian civil wars, to government repression in Argentina and genocidal policies in Guatemala and Rwanda and, finally, to forced population removal in Australia and Israel, this collection represents a focused attempt to come to grips with some of the strategies used to publicly engage with traumatic memory work. The various essays offer a kaleidoscopic perspective of new approaches to show how such memory work contributes to transitional justice efforts, demonstrating the complexities of achieving justice and reconciliation through the open expression of shared memories of violence.

What is the legacy of Brown vs. Board of Education? While it is well known for establishing racial equality as a central commitment of American schools, the case also inspired social movements for equality in education across all lines of difference, including language, gender, disability, immigration status, socio-economic status, religion, and sexual orientation. Yet more than a half century after Brown, American schools are more racially separated than before, and educators, parents and policy makers still debate whether the ruling requires all-inclusive classrooms in terms of race, gender, disability, and other differences.
In Brown's Wake examines the reverberations of Brown in American schools, including efforts to promote equal opportunities for all kinds of students. School choice, once a strategy for avoiding Brown, has emerged as a tool to promote integration and opportunities, even as charter schools and private school voucher programs enable new forms of self-separation by language, gender, disability, and ethnicity.
Martha Minow, Dean of Harvard Law School, argues that the criteria placed on such initiatives carry serious consequences for both the character of American education and civil society itself. Although the original promise of Brown remains more symbolic than effective, Minow demonstrates the power of its vision in the struggles for equal education regardless of students' social identity, not only in the United States but also in many countries around the world. Further, she urges renewed commitment to the project of social integration even while acknowledging the complex obstacles that must be overcome. An elegant and concise overview of Brown and its aftermath, In Brown's Wake explores the broad-ranging and often surprising impact of one of the century's most important Supreme Court decisions.

This book contains a collection of economic and legal essays written by academics and practitioners who contributed to the elective Master's course 'State Aid and Public Procurement in the European Union' at Maastricht University, and to two conferences on State aid and public procurement organised in Maastricht in 2013 and 2014. The course, the conferences and this book aim to provide stakeholders - students, but also academics, practitioners, civil servants, and consumers - with a better knowledge of the EU rules on public procurement and State aid. By treating these two legal fields in one volume, the book also intends to draw attention to the largely unexplored links and interfaces between public procurement and State aid rules, which both aim to complete the internal market and to prevent the distortion of competition. Both fields also share common concepts, and furthermore observance of public procurement rules may limit the risk of individual transactions being qualified as State aid (as the Altmark case law and related Commission packages illustrate). In 2011, the European Commission's Education, Audiovisual and Culture Executive Agency EACEA recognised the course 'State Aid and Public Procurement in the European Union' as a Jean Monnet European Module (Lifelong Learning Programme).

European jurisdictions play a central role in intercountry adoption, both as countries of origin for children being placed, and as receiving countries. In 2010, 50 per cent of all children involved in intercountry adoption worldwide were sent to countries within Europe, while three European states - France, Spain and Italy - have been in the top five receiving states in the world for the past 15 years. In addition, of the approximately 30,000 children involved in intercountry adoption per year worldwide, around one-third come from European jurisdictions. The question that this book aims to answer is very simple: how can we best protect the rights of these children? Using the United Nations Convention on the Rights of the Child and the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption as the foundation for analysis, this book provides an examination of the application of children's rights in the field of intercountry adoption. It uses European jurisdictions as examples of both good and bad practice in order to illustrate the issues that arise in the practical implementation of these principles. In doing so, the book proposes normative guidelines within which intercountry adoption can be effected in a manner that protects the rights of children in Europe. This book argues that children involved in intercountry adoption should be afforded the same safeguards, the same protection, as children in domestic placements, in a system that focuses on the welfare of the child as the paramount consideration. The book covers in detail the following issues: - the place of intercountry adoption within the domestic system - the applicability of intercountry adoption as a child protection mechanism, and the impact it can have on other forms of alternative care - the conditions for parental consent to intercountry adoption; including the identity of those who must give consent, and how it can be dispensed with - the mechanisms used to prevent consent being obtained improperly, and to prevent the illegal trafficking of children - the participation of the adopted child in the decision-making process - the right of the child to obtain information concerning his or her biological parents - the eligibility of prospective adopters - the support necessary for a successful adoptive placement

This book provides an overview of the state of EU migration law in 2014. It explores the meaning of EU legislation on migration in the light of fundamental rights and principles of Union law as explained in leading case-law of the European courts. It is especially aimed at students, but may likewise be useful for practitioners, policy makers or others interested in the legal foundations of migration in Europe. Today's Union law contains a comprehensive and almost all-encompassing migration law system. It governs both voluntary and forced migration. It controls entry, residence and return. It covers both Union citizens and third-country nationals. Though there are fields not affected by Union law and left to the Member States, the overall picture drawn by the existing EU instruments is fairly complete. The book purports to present as lucidly as possible, in one framework, the different regimes as they pertain to the free movement of Union citizens, the association agreement with Turkey, the migration of third country nationals for reasons of work, study, family reunification and asylum, the regulation of movement of third country nationals to, from and within the Schengen area, and instruments to control migration. This second edition is written by the same authors who wrote the first edition. Pieter Boeles, Emeritus Professor of Migration law at the University of Leiden, is now Visiting Professor at VU University Amsterdam; Maarten den Heijer is Assistant Professor of International Law at the Amsterdam Center for International Law (University of Amsterdam); Gerrie Lodder is Senior Lecturer in Immigration Law at the University of Leiden and Kees Wouters is Senior Refugee Law adviser at the Division of International Protection of UNHCR in Geneva.

The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the most frequently litigated constitutional issue in United States courts. Tracey Maclin's The Supreme Court and the Fourth Amendment's Exclusionary Rule traces the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court's thinking. Based on original archival research into the private papers of retired Justices, Professor Maclin's analysis clarifies the motivations and thoughts that explain the Court's exclusionary rule jurisprudence. He includes a comprehensive scholarly and objective discussion of the reasoning behind the Court decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change. Ultimately, this book will help readers understand how constitutional law is constructed by judges with diverse political perspectives.

The need to prevent convicted prisoners and other offenders from reoffending constitutes a major challenge for both criminal justice and penitentiary systems. Reoffending rates are considerable - in many instances they are even high - while the issue is tremendously complicated. Rehabilitation (sometimes described as resocialisation, reintegration or treatment) is an important tool to prevent reoffending, but has clearly become less self-evident in many jurisdictions in recent decades. This volume therefore first of all focuses on the value of restoring offenders to a useful life from the perspective of prisoners, their family, society, the tax-payer, prison staff and administration and victims, as well as from a criminological viewpoint. Notwithstanding these actual values of rehabilitation measures, their application alone may not be sufficient to prevent someone from reoffending. This particularly applies to high risk offenders, i.e. those who pose a substantial risk of further serious offending, such as sex offenders, terrorists, and members of organized criminal groups. This volume therefore also considers measures to deal with high risk offenders during and after their sentence, and the arguments for and against their use. La necessite d'empecher les detenus condamnes et autres delinquants de repasser a l'acte est le defi de taille que la justice criminelle et les systemes penitentiaires se doivent de relever. Les taux de recidive sont considerables (il n'est pas rare qu'ils soient meme eleves) et le probleme est extremement complexe. La rehabilitation (parfois decrite comme resocialisation, reinsertion ou encore traitement) est un outil important pour prevenir la recidive, bien qu'au cours des dernieres decennies, son importance se soit clairement amoindrie dans bon nombre de juridictions. Aussi, le present ouvrage se concentrera avant tout sur la valeur de la reintegration des delinquants dans une vie utile, tant du point de vue des detenus, de leur famille, de la societe, du contribuable, du personnel et de l'administration penitentiaires et des victimes, que d'un point de vue criminologique. Bien que la valeur des mesures de reinsertion soit bien reelle, leur seule application peut s'averer insuffisante pour prevenir la recidive. C'est particulierement vrai dans le cas des delinquants a haut risque, c'est-a-dire ceux qui presentent un risque important de nouveau delit grave, tels que les delinquants sexuels, les terroristes et les membres de groupes criminels organises. Cet ouvrage abordera des lors les mesures permettant de traiter les delinquants a haut risque durant l'execution de leur peine et au terme de celle-ci, ainsi que les arguments favorables et defavorables a leur utilisation.

Inspired by the vision of the future of humankind in outer space, an international team of technical experts, lawyers and political scientists examined topical issues of law and policy under the leadership of the editors - not only with respect to international space flight and space exploration, but also in view of the safe and sustainable use of space technology for the benefit of our planet. After all, our original habitat should not be sacrificed on our way to Moon and Mars! In this regard, Outer Space - Future for Humankind examines fundamental questions like the problem of space debris, the safe use of nuclear power sources in outer space, the protection of the ozone layer during space launches, the issue of light pollution and the protection of the marine environment during the guided re-entry of space craft into the High Seas. In addition to these problems of technical nature, questions relating to the peaceful, equitable and responsible use of outer space are explored also with regard to issues as space traffic management which must be solved by scientists, lawyers and politicians on an international scale, and supported by an again increasingly interested general public.