There is much controversy about the dangers of a free media when it comes to children and adolescents. Many believe that this constitutional right should be amended, altered, or revoked entirely to prevent the young from being negatively influenced. Graphic violence, sexual content, and the depiction of cigarette smoking have all come under fire as being unacceptable in media that is geared toward adolescents, from television and movies to magazines and advertising. Yet not much has been written about the developmental science behind these ideas, and what effects a free media really has on adolescents.
This book presents a synthesis of all current knowledge about the developmental effects of a free media on adolescents. Levesque first presents a full analysis of research studies into the media's effects on adolescents in four key areas: sexuality, violence, smoking, and body image. All findings are assessed within the context of normal adolescent development. Levesque then discusses how this knowledge can be used to inform current standards for the regulation of free speech with regard to adolescents. Both legal restrictions and less formal regulatory bodies (schools, parent groups, etc.) are reviewed to present a full picture of the ways in which a free media is constrained to protect adolescent's development.

The two years since publication of the first edition of The Law of EU External Relations: Cases, Materials, and Commentary on the EU as an International Actor have been characterized by the large amount of case law on the new provisions on external relations, which have found their way into the Lisbon Treaty. Moreover, there have been important changes in EU secondary law on external relations as a consequence of these changes to the Lisbon Treaty. In this second edition, new case law and legislative developments are critically discussed and analysed in this comprehensive collection of EU Treaty law. Combining chapters on the general basis of the Union's external action and its relation to international law, with chapters which further explore the law and practice of the EU in the specialized fields of external action, this book presents the law of EU external relations in a concise and accessible manner for students, practitioners, and academics in the field. Topics include the common commercial policy, development cooperation, cooperation with third countries, humanitarian aid, the enlargement and neighbourhood policies, the external environmental policy, and the common foreign and security policy. Carefully selected primary documents are accompanied with analytic commentary on the issues they raise and their significance for the overall structure of EU external relations law. The primary materials selected include many important legal documents that are hard to find elsewhere but give a vital insight into the operation of EU external relations law in practice.

The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far less certain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which individuals, Member States and Union institutions are all guaranteed a route by which to enforce Union law rights. This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment, and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendments to the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court. Previously published as The Procedural Law of the European Union, this thoroughly revised work will continue to be the first port of call for legal practitioners and academics seeking guidance on the system of judicial protection in the EU.

A scholarly edition of the Royal Proclamations of King James I. The edition presents an authoritative text, together with an introduction, commentary notes, and scholarly apparatus.

Health Promotion in Midwifery explores the principles of health promotion within the practical context of midwifery. It clearly outlines and discusses the midwife's role in health promotion, making it essential reading for all student and practising midwives, as well as clinical practitioners. Emphasizing the link between theory and practice, the second edition incorporates chapters on domestic violence, sexual health, breastfeeding, and mental health promotion. Text boxes make the text accessible and user-friendly and case studies and summaries put the material in practical context. Additional readings encourage readers to further research and reflection on their own practice. Throughout the book, the importance of the role of the midwife in health promotion is emphasized. This second edition brings together contributions from a variety of experienced practitioners.

Author Marshall S. Shapo presents the argument that the body of law Americans have developed concerning responsibility for injuries and prevention of injuries has some of the qualities of a constitution--a fundamental set of principles that govern relations among people and between people and corporate and governmental institutions. This 'injury law constitution' includes tort law, legislative compensation systems like workers compensation, and the many statutes that regulate the safety of risky activities and of products ranging from drugs and medical devices to automobiles and cigarettes. An Injury Law Constitution presents a novel thesis that embraces leading features of the American law of injuries. Professor Shapo's analysis, into which he weaves the history of these varied systems of law, links them to the unique compensation plan devised for the victims of the September 11th attacks on the World Trade Center. Professor Shapo examines how our injury law reflects deeply held views in American society on risk and injury, indicating how the injury law constitution serves as a guide to the question of what it means to be an American. Refusing to accept easy academic formulas, An Injury Law Constitution captures the reality of how people respond to injury risks in functional contexts involving diverse activities and products.

How can it be, in a nation that elected Barack Obama, that one third of African American males born in 2001 will spend time in a state or federal prison, and that black men are seven times likelier than white men to be in prison? Blacks are much more likely than whites to be stopped by the police, arrested, prosecuted, convicted, and imprisoned, and are much less likely to have confidence in justice system officials, especially the police.
In Punishing Race, Michael Tonry demonstrates in lucid, accessible language that these patterns result not from racial differences in crime or drug use but primarily from drug and crime control policies that disproportionately affect black Americans. These policies in turn stem from a lack of white empathy for black people, and from racial stereotypes and resentments provoked partly by the Republican Southern Strategy of using coded "law and order" appeals to race to gain support from white voters. White Americans, Tonry observes, have a remarkable capacity to endure the suffering of disadvantaged black and, increasingly, Hispanic men. Crime policies are among a set of social policies enacted since the 1960s that have maintained white dominance over black people despite the end of legal discrimination. To redress these injustices, Tonry offers a number of proposals: stop racial profiling by the police, shift the emphasis of drug law enforcement to treatment and prevention, eliminate mandatory sentencing laws, and change sentencing guidelines to allow judges discretion to take account of offenders' life circumstances. Those proposals are all attainable and would all reduce unjustifiable racial disparities and the collateral human and social harms they cause.
A damning indictment of decades of misguided criminal justice policy, Punishing Race takes a crucial look at persisting racial injustice in America.

Charles Oertel bevind hom in ’n netelige posisie. Hy is ’n skatryk Vrystaatse boer en het sentimente jeens beide magte wat tydens die Anglo-Boereoorlog slaags raak. Bothma se noukeurige navorsing oor hierdie invloedryke man en sy nasate se lotgevalle tydens en na die oorlog bevestig geboekstaafde kennis maar bied ook nuwe inligting. Daarbenewens is dit ’n boeiende menslike verhaal wat die leser tot nadenke stem. Sou dit anders verloop het as dit nie vir die oorlog was nie? Keer die mens nie die punt van die punt van die swaard self op sy hart nie? Punt van die swaard was in 2005 op die kortlys vir die Louis Hiemstra-prys vir niefiksie.

How is it that, half a century after Brown v. Board of Education, educational opportunities remain so unequal for black and white students, not to mention poor and wealthy ones?
In his important new book, Five Miles Away, A World Apart, James E. Ryan answers this question by tracing the fortunes of two schools in Richmond, Virginia--one in the city and the other in the suburbs. Ryan shows how court rulings in the 1970s, limiting the scope of desegregation, laid the groundwork for the sharp disparities between urban and suburban public schools that persist to this day. The Supreme Court, in accord with the wishes of the Nixon administration, allowed the suburbs to lock nonresidents out of their school systems. City schools, whose student bodies were becoming increasingly poor and black, simply received more funding, a measure that has proven largely ineffective, while the independence (and superiority) of suburban schools remained sacrosanct. Weaving together court opinions, social science research, and compelling interviews with students, teachers, and principals, Ryan explains why all the major education reforms since the 1970s--including school finance litigation, school choice, and the No Child Left Behind Act--have failed to bridge the gap between urban and suburban schools and have unintentionally entrenched segregation by race and class. As long as that segregation continues, Ryan forcefully argues, so too will educational inequality. Ryan closes by suggesting innovative ways to promote school integration, which would take advantage of unprecedented demographic shifts and an embrace of diversity among young adults.
Exhaustively researched and elegantly written by one of the nation's leading education law scholars, Five Miles Away, A World Apart ties together, like no other book, a half-century's worth of education law and politics into a coherent, if disturbing, whole. It will be of interest to anyone who has ever wondered why our schools are so unequal and whether there is anything to be done about it.

First published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.

The terrorist attacks of 9/11 precipitated significant legal changes over the ensuing ten years, a "long decade" that saw both domestic and international legal systems evolve in reaction to the seemingly permanent threat of international terrorism. At the same time, globalization produced worldwide insecurity that weakened the nation-state's ability to monopolize violence and assure safety for its people. The Long Decade: How 9/11 Changed the Law contains contributions by international legal scholars who critically reflect on how the terrorist attacks of 9/11 precipitated these legal changes. This book examines how the uncertainties of the "long decade" made fear a political and legal force, challenged national constitutional orders, altered fundamental assumptions about the rule of law, and ultimately raised questions about how democracy and human rights can cope with competing security pressures, while considering the complex process of crafting anti-terrorism measures.

Lawyer misconduct affects many people: clients, adversaries, opposing counsel, judges, the legal profession, and society at large. The records of disciplinary proceedings offer a penetrating, and largely ignored, perspective on how lawyers misbehave. Because the lawyers' professional lives are at stake, the factual records are extraordinarily detailed and the lawyers surprisingly open about their motivations and justifications.
In Lawyers on Trial, Richard L. Abel presents the stories of ten California lawyers who broke the rules: hiring an ex-cop to chase ambulances, flouting fee limitations in medical malpractice cases, creating a fictitious company and impersonating non-existent people in order to appropriate Sega's computer games, a former California Real Estate Commissioner defrauding developers and financiers, helping a represented co-defendant negotiate a plea without his lawyer's participation or knowledge, and defying a judge's sealing order and his own client's wishes for closure in order to champion the "defenseless" and "oppressed" and protect "widows and children." The book begins by showing how nearly a century of political struggle over self-regulation shapes the way the disciplinary system selects and processes cases and concludes by canvassing reforms that could improve the performance of the legal profession.
Lawyers on Trialwill be invaluable for those contemplating law school, law students and teachers of professional responsibility, continuing legal education classes, lawyers encountering ethical dilemmas in their practice or trying to understand misbehaving colleagues, members of the public thinking of retaining a lawyer, and clients dealing with their own lawyers.

The pursuit of social solidarity and social justice has typically occurred within the boundaries of nation states. Yet in 2000, EU Member States committed themselves to make a decisive impact on the eradication of poverty and agreed to coordinate their activities within the framework of a novel governance process: the Open Method of Coordination (OMC). This book analyzes the emerging governance of social inclusion in the EU and the use of the OMC as a mechanism of Europeanization of domestic social policy. Armstrong's exploration of EU interventions to combat poverty and social exclusion addresses the changing constitutional, policy and governance context in which these interventions have occurred. It traces the impact of debates surrounding the Lisbon Treaty and the Lisbon Strategy in framing the possibilities and limits of EU action. Drawing on primary documentary material, on interviews with key actors and on a wide range of academic literature, this study offers a socio-legal account of the successes and failures of a decade of EU policy coordination. Utilizing the conceptual and theoretical tools associated with institutionalist analysis and experimental governance to develop the discussion of Europeanization, the book will be of value not only to scholars working on EU policymaking but also to those interested in changing patterns of public authority in the social sphere more generally.

Two of the world's leading political scientists present the best of their research, focusing on how to build and test a social science of law and courts. Written for a broad, scholarly audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.

Crime in the United States has fluctuated considerably over the past thirty years, as have the policy approaches to deal with it. During this time criminologists and other scholars have helped to shed light on the role of incarceration, prevention, drugs, guns, policing, and numerous other aspects to crime control. Yet the latest research is rarely heard in public discussions and is often missing from the desks of policymakers. This book accessibly summarizes the latest scientific information on the causes of crime and evidence about what does and does not work to control it.
Thoroughly revised and updated, this new version of Crime and Public Policy will include twenty chapters and five new substantial entries. As with previous editions, each essay reviews the existing literature, discusses the methodological rigor of the studies, identifies what policies and programs the studies suggest, and then points to policies now implemented that fail to reflect the evidence. The chapters cover the principle institutions of the criminal justice system (juvenile justice, police, prisons, probation and parole, sentencing), how broader aspects of social life inhibit or encourage crime (biology, schools, families, communities), and topics currently generating a great deal of attention (criminal activities of gangs, sex offenders, prisoner reentry, changing crime rates).
With contributions from trusted, leading scholars, Crime and Public Policy offers the most comprehensive and balanced guide to how the latest and best social science research informs the understanding of crime and its control for policymakers, community leaders, and students of crime and criminal justice.

Justice Mahomed was a philosopher of law whose insights and analysis brought about refinements in the law that enlarged the scope of freedom and dignity during apartheid. He spent his life in the service of law to establish justice, contributing to laying the foundation for human rights. As a fearless advocate he challenged immoral and repressive legislation and executive action, developing the common law, especially in the areas of administrative and public law. As a judge, he was at the forefront of a radical and visionary constitutional transformation.

Mahomed’s vision of a human rights culture pre-dated our transition to democracy. We are constantly reminded of his deep love for and understanding of the law, his unmatched oratory, his passion and his unwavering commitment to human rights.

The book comprises four sections:

• Section one consists of a commentary, preceded by a foreword by President Cyril Ramaphosa;
• Section two consists of perspectives of Mahomed by colleagues, friends and family;
• Section three is a selection of his speeches that deal with a range of issues from philosophy to a Bill of Rights;
• Section four identifies some of his illuminating judgments.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Stephen F. Ross presents this succinct introduction to key topics of law specific to sports, comparing approaches to sports law across the globe, with particular focus on the United States, Europe, and common law jurisdictions. Contrasting the profit-maximizing approach of North American leagues with the global integrated approach of professional sports governed by national and international governing boards, the book offers a novel model for the latter. Key features include: an exploration of how law facilitates or impairs revenue generation through contract, intellectual property, and other doctrines an insight into remedies for player contract breaches examination of the widespread use of arbitration in the resolution of sports law disputes analysis of competition law and human rights law as the principal external legal constraints on sporting entities. This Advanced Introduction will be a useful resource for scholars and advanced students of sports law. It will also be beneficial for sports lawyers and practitioners, as well as those in the fields of global and transnational law.

South Africa's property law teachers have been convening annually since 1985 to exchange ideas, subject their work to peer scrutiny and build a collegial network. Over time, the agendas of the annual meetings became snapshots of the development of a discipline. In celebration of the 25th anniversary of this meeting, the property law teachers' colloquium was expanded into an International property law conference, giving South African property law teachers an opportunity to exchange their ideas on a much broader platform, with some of the world's best property law scholars and teachers. Property law under scrutiny brings together pieces that give an overview of property law twenty-five years after the establishment of the South African property law teachers' colloquium. A recurrent theme in all the contributions at the conference, and the ones included in this publication, is the tension between well-established principles of property law and the policies that drive legal development in the field. The topics addressed are organised into four themes, as follows: The first cluster relates to an age-old issue in conventional property law: The accession of movables to immovables; The second cluster concerns the centrality of the real agreement in transfers and in the real security context; A third cluster deals with questions about the public law aspects of property; The fourth cluster captures some of the dilemmas and challenges concerning the abandonment and neglect of property. It ties together the underlying concerns aired in debates about the conventional property rules and issues surfacing in the crossover between private and public law, and the role of property law principles. In capturing the interaction between South African and international scholarship, Property law under scrutiny serves to introduce a new era in this developing discipline. Teachers and practitioners of property law, locally and internationally, will find this to be an invaluable resource.

Clinical legal education (CLE) is a springboard for entry into legal practice, preparing students for the professional challenges they will face after completing their studies and embarking on their legal careers. In her eight years of conducting research on CLE in South African universities, the author has found that the most urgent needs are in the area of student assessment. Designing a curriculum with assessable content is therefore essential for clinicians who, in certifying students' capabilities, are the gatekeepers to practice. This book identifies curriculum requirements across a number of jurisdictions, and proposes a menu of assessment methods, which may enhance the choices of assessment methodologies available to South African university law clinics. It also covers the setting of parameters for assessment, grading, grade descriptors and moderation systems, and discusses different forms of tests, assignments, essay- and oral-examinations, as well as self- and peer-evaluation, peer editing, case portfolios, and trial advocacy skills. The book addresses challenges such as clinicians' heavy workloads and differing levels of experience in supervision and assessment. It discusses challenges students face and presents solutions enabling clinicians to help them depending on their individual experience and needs. Also discussed are the potential conflicts between the needs of students and those of the local community being served by the law clinic. Although the aim of this book is to find appropriate assessment methods for CLE, the effectiveness of an assessment programme can only be determined when measured against a curriculum. The proposed curriculum is therefore measured against the identified assessment criteria. CLE Lecturers can download assessment forms, checklists and rubrics from the Juta Law website - visit https://juta.co.za/support-material/detail/clinical-legal-education for details.

Sex crime has become one of the most intense areas of public and political concern in recent decades. This book explores the complex influences that shape its construction in the press. Media representations give important clues as to how we should perceive the nature and extent of sex crime, how we should think and feel about it, how we should respond to it, and the measures that might be taken to reduce risk. Understanding the media construction of sex crime is central to understanding its meaning and place in our everyday lives. Unlike much of the existing research, this book explores the construction of sex crime at every stage of the news production process. It then locates the findings within a wider context of cultural, economic and political change in late modernity. The book; shows how increased market competition and tabloidisation has altered fundamentally the way in which news is produced, communicated and consumed discusses representations of the full range of sex crimes from consensual homosexual offences and prostitution to serial rape and sex murder draws upon extensive empirical research in Northern Ireland, while addressing issues relevant to advance capitalist societies across the globe

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

Why do decision-makers in similar liberal democracies interpret the same legal definition in very different ways? International law provides states with a common definition of a 'refugee' as well as guidelines outlining how asylum claims should be decided. Yet, the processes by which countries determine who should be granted refugee status look strikingly different, even across nations with many political, cultural, geographical, and institutional commonalities. This book compares the refugee status determination (RSD) regimes of three popular asylum seeker destinations - the United States, Canada, and Australia. Despite similarly high levels of political resistance to accepting asylum seekers across these three states, once asylum seekers cross their borders, they access three very different systems. These differences are significant both in terms of asylum seekers' experience of the process and in terms of their likelihood of being found to be a refugee.
The book moves beyond the claim by some scholars that asylum seeker destinations are uniformly becoming more exclusionary, and the contrary assertions of other scholars that the same destinations are converging on a new inclusive internationalism leading to the decline of state sovereignty. Instead, Hamlin finds these states to be running on three distinct trajectories, none of which are totally restrictive or expansive. Based on a multi-method analysis of all three countries, including a year of fieldwork with in-depth interviews of policy-makers and asylum-seeker advocates, observations of refugee status determination hearings, and a large-scale case analysis, Hamlin finds that cross-national differences have less to do with political debates over admission and border control policy than with the level of insulation the administrative decision-making agency enjoys from either political interference or judicial review. Administrative justice is conceptualized and organized differently in every state, and so states vary in how they draw the line between refugee and non-refugee.

Ronan McCrea offers the first comprehensive account of the role of religion within the public order of the European Union. He examines the facilitation and protection of individual and institutional religious freedom in EU law and the means through which the Union facilitates religious input and influence over law. In addition, the book draws attention to the limitations on religious influence over law and politics that are required by the Union. It shows the extent to which such limitations are identified as fundamental elements of the EU's public order and as prerequisites for membership. The Union seeks to balance its predominantly Christian religious heritage with an equally strong secular and humanist tradition by facilitating religion as a form of cultural identity while simultaneously limiting its political influence. Such balancing takes place in the context of the Union's limited legitimacy and its commitment to respect for Member State cultural autonomy. Deference towards the cultural role of religion at Member State level enables culturally-entrenched religions to exercise a greater degree of influence within the Union's public order than "outsider" faiths that lack a comparable cultural role. Placing the Union's approach to religion in the context of broader historical and sociological trends around religion in Europe and of contemporary debates around secularism, equal treatment, and the role of Islam in Europe, McCrea sheds light on the interaction between religion and EU law in the face of a shifting religious demographic.

Private Law in a Changing World honours the work of Professor Danie Visser and celebrates his return to research after almost a decade as Deputy Vice-Chancellor of the University of Cape Town. It considers the ways in which the law of obligations has evolved in response to external forces in both the recent and remote past – or, to switch perspectives, the high degree of internal coherence and continuity which it has maintained over time despite the operation of such forces.

Leading scholars of legal history and private law from six jurisdictions consider topics drawn from across the law of contract, delict/tort and unjust/unjustified enrichment.

Their insights shed light on contemporary debates around the world regarding the value of doctrinal scholarship, and on the debates regarding the decolonisation of private law currently unfolding in South Africa.