Criminal law: procedure and offences Books

Book SynopsisHow one law tells the story of America's modern criminal justice movement In late 2018, the First Step Act was signed into law by President Donald Trump just hours before a government shutdown. It was one of few major pieces of federal criminal justice reform since the 1970s to move toward reversing the incarceration frenzy that had characterized United States policy. While it did not amount to revolutionary reform, in Reform Nation, Colleen P. Eren investigates it as a symbol for the larger movement's trajectory. Its unlikely passage during a period of political polarization was testament to the power of a new constellation of advocates, stakeholders, and strange bedfellow alliances. These intriguing and complex dynamics are indicative of a longer, twenty-year shift in which the movement became nationalized and mainstreamed. Using in-depth interviews with major players in the national movement, formerly incarcerated activists, celebrities, and donors, this is the first book to turn the mirror back on the criminal justice reform movement itself—the frames used, the voices heard, the capital activated among elite participants, and the bitter controversies. This snapshot in time raises much larger questions about how our democratic processes inform criminal justice policy, and where we are going in the decades to come.Trade Review"A critical look behind the scenes at the way 'criminal justice reform' has blossomed into not just a movement but also, at times, a kind of industry. Eren's book is vital to our understanding of how change happens—and doesn't."—Baz Dreisinger, author, Incarceration Nations: A Journey to Justice in Prisons Around the World"Reform Nation is well-timed for the current moment in criminal justice reform. Colleen Eren captures the political and social dynamics of recent years and lays out a compelling set of issues and challenges for the reform movement moving forward."—Marc Mauer, Senior Advisor, The Sentencing Project"Reform Nation is an invaluable and timely gift. This lively, behind-the scenes narrative brilliantly documents the emergence of a broad, bipartisan, and highly effective justice reform coalition. Energized by the leadership of justice-impacted individuals, this coalition brings together business leaders, philanthropists, civil rights advocates, religious organizations and strange-bedfellow politicians. By comparing this political development with other social movements, and contrasting this consensus with the realities of our deeply divided democracy, Eren elevates her narrative to that rare scholarly voice that speaks to the challenges of the moment. Reform Nation offers reasons for hope and caution at a time when our forward momentum faces new winds of opposition. This book should serve as a new guide for the justice reform movement in the next chapter of a long struggle."—Jeremy Travis, Senior Fellow at the Justice Lab at Columbia University, President Emeritus, John Jay College of Criminal Justice"Eren's book is a masterful account of how grassroots activism on a cause that very few people really cared about blossomed into a win for not just better treatment of people convicted of certain crimes but a better use of tax dollars. She blends original interviews with major players in the reform movement with great storytelling and a sociological framework that illuminates the complexities of all reform efforts."—Nick Gillespie, ReasonTable of Contents1. The First Step Act Puzzle 2. Mainstreamization and the Movement 3. Billionaires, Philanthropy, and Reform 4. Celebrity Activism and Reform 5. Reform®: Corporate Social Activism and Reform 6. Strange Bedfellows 7. Formerly Incarcerated Activists and the Future of Criminal Justice Reform

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Book SynopsisAgainst the Carceral Archive is a meditation upon what author Damien M. Sojoyner calls the “carceral archival project,” offering a distillation of critical, theoretical, and activist work of prison abolitionists over the past three decades. Working from collections at the Southern California Library (Black Panthers, LA Chapter; the Coalition Against Police Abuse; Urban Policy Research Institute; Mothers Reclaiming Our Children; and the collection of geographer Clyde Woods), it builds upon theories of the archive to examine carcerality as the dominant mode of state governance over Black populations in the United States since the 1960s. Each chapter takes up an element of the carceral archive and its destabilization, destruction, and containment of Black life: its notion of the human and the production of “pejorative blackness,” the intimate connection between police and military in the protection of racial capitalism and its fossil fuel–based economy, the role of technology in counterintelligence, and counterinsurgency logics. Importantly, each chapter also emphasizes the carceral archive’s fundamental failure to destroy “Black communal logics” and radical Black forms of knowledge production, both of which contest the carceral archive and create other forms of life in its midst. Concluding with a statement on the reckoning with the radical traditions of thought and being which liberation requires, Sojoyner offers a compelling argument for how the centering of Blackness enables a structuring of the mind that refuses the violent exploitative tendencies of Western epistemological traditions as viable life-affirming practices.Table of ContentsIntroduction | 1 1 The Human and the Carceral Archival Project | 17 2 Police and the Carceral Archival Project | 32 3 Technology and the Social Sciences as Synergistic Violence | 42 4 Environmental Instability | 59 5 Policing Health and Safety | 72 6 Liberation | 81 Conclusion | 93 Acknowledgments | 103 References | 107

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Book SynopsisAgainst the Carceral Archive is a meditation upon what author Damien M. Sojoyner calls the “carceral archival project,” offering a distillation of critical, theoretical, and activist work of prison abolitionists over the past three decades. Working from collections at the Southern California Library (Black Panthers, LA Chapter; the Coalition Against Police Abuse; Urban Policy Research Institute; Mothers Reclaiming Our Children; and the collection of geographer Clyde Woods), it builds upon theories of the archive to examine carcerality as the dominant mode of state governance over Black populations in the United States since the 1960s. Each chapter takes up an element of the carceral archive and its destabilization, destruction, and containment of Black life: its notion of the human and the production of “pejorative blackness,” the intimate connection between police and military in the protection of racial capitalism and its fossil fuel–based economy, the role of technology in counterintelligence, and counterinsurgency logics. Importantly, each chapter also emphasizes the carceral archive’s fundamental failure to destroy “Black communal logics” and radical Black forms of knowledge production, both of which contest the carceral archive and create other forms of life in its midst. Concluding with a statement on the reckoning with the radical traditions of thought and being which liberation requires, Sojoyner offers a compelling argument for how the centering of Blackness enables a structuring of the mind that refuses the violent exploitative tendencies of Western epistemological traditions as viable life-affirming practices.Table of ContentsIntroduction | 1 1 The Human and the Carceral Archival Project | 17 2 Police and the Carceral Archival Project | 32 3 Technology and the Social Sciences as Synergistic Violence | 42 4 Environmental Instability | 59 5 Policing Health and Safety | 72 6 Liberation | 81 Conclusion | 93 Acknowledgments | 103 References | 107

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Book SynopsisThe Crime That Pays is a study of higher-level drug syndicates and organized criminals who have achieved huge incomes and status in their deviant occupation. Based on interviews with drug couriers, drug investigators, and 70 higher-level drug traffickers, the book describes the characteristics of offenders, their modus operandi, the entrepreneurial aspects of organized crime, and the significance of friendship, kinship, race, and ethnicity in the development of criminal networks.Most of the dealers in this study operated at the wholesale level for years, had realized huge profits, and lived extravagant lifestyles. For many, their arrest occurred only after the police had undertaken a sophisticated and proactive criminal investigation that took years to complete. Included in the text are an analysis of the police strategies used to combat drug trafficking and the social policy implications from this and other research studies.The book includes original research both on the RCMP and on higher-level drug trafficking. Also included are analyses of Canadian drug laws and a critique of social policy relating to drug use and drug trafficking.Trade ReviewThe Crime that Pays is a thorough and thoughtful analysis of an area that for too long been dominated by sensationalist journalism and political hyperbole. Desroches’s book should be studied carefully by criminologists, policy planners and anyone else interested in a sober assessment of how high-level drug markets operate in this country."" - Dr. Vince Sacco, Professor of Sociology at Queen’s UniversityTable of Contents Chapter 1: Drug Trafficking: The Crime That Pays Chapter 2: Drug Trafficking and Organized Crime: Canadian Legislation and Case Law Chapter 3: Organized Crime and Higher-Level Drug Trafficking Chapter 4: The Motivation and Lifestyle of Higher-Level Drug Traffickers Chapter 5: The Modus Operandi of Higher-Level Drug Traffickers: Marketing, Organization, and Security Chapter 6: The Modus Operandi of Higher-Level Drug Traffickers: Fronts, Debts, and Violence Chapter 7: Police Investigations of Higher-Level Drug Traffickers Chapter 8: Higher-Level Drug Trafficking in Canada: Social Policy Implications

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Book Synopsis“A snake handler convicted of the attempted murder of his wife by means of serpent bite is serving ninety-nine years in prison. The reader is gradually pulled into an increasingly complex story as Thomas Burton allows the many individuals involved in this event to tell their stories. Readers are less likely to find themselves concerned with what “really” happened than with larger issues they too will become involved in. this is more than a story about the headline ‘preacher tries to murder wife – with rattlesnakes!” it is a story of individuals struggling with their faith and their fate under the steady gaze of their God.” —Ralph W. Hood Jr., winner of the American Psychological Association’s William James Award in the psychology of religionIn this comprehensive, multilayered set of narratives, the story of Glenn Summerford’s fall from grace is told by its participants, through interviews, court documents, and other primary sources. Free of either prejudice against or romanticizing about the snake-handling Holiness religion, this book presents an absorbing story of a fascinating group of people, while allowing the reader to draw his or her own conclusions about Summerford’s guilt or innocence. The Serpent and the Spirit is a startling commentary on truth and its representation, religion and its expression, humanity and its flaws.Thomas Burton is professor emeritus of English at East Tennessee State University. He is the winner of the Appalachian Consortium Laurel Leaves Award.

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Book SynopsisAn argument for more judicial discretion in sentencing childrenTrade Review"The book reveals Judge Corriero's passion for justice and due process through his daily experiences, supported by extensive research; it is both personal and academic, instructive and moving. It is political and philosophical." Justice Emily Jane Goodman, The New York Law Journal "Corriero deserves much praise for his thoughtfully critical challenge to the policy of prosecuting children as adults. At the least, Corriero's strong embrace of a revised legal structure for juvenile justice, planted firmly in the soil of judging children as children, should foment interest in further exploration of this thorny legal terrain. Criminologists, child advocates, criminal justice experts, child development specialists, judges, lawyers, public policy makers, legislators, social workers, behavioral scientists, psychologists and psychiatrists are among those who professionally may benefit greatly from scrutiny of the information and ideas put forth by Corriero." Metapsychology Online, 27th January 2009Table of ContentsPrologue 1 The Proposition; 2 The Nature of Adolescence; 3 The Criminal Responsibility of Juveniles; 4 Sentencing Children Tried in Adult Courts; 5 Our Hardest to Love Children; 6 Interactive Justice; 7 Fridays in the Youth Part; 8 The Experiment that Failed; 9 Creation of the Youth Part; 10 The Youth Part Model; 11 A Model Juvenile Justice System; 12 Juvenile Justice Policy Reform

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Book SynopsisA cross-national study that shows how various criminal justice systems are susceptible to wrongful convictionsTrade Review"An important step in showing that even the best criminal justice systems occasionally convict the innocent. Huff and Killias, two of the world’s most accomplished criminologists, have given us a collection of essays that are both first-rate and truly sobering"—Michael L. Radelet, University of Colorado, and author of In Spite of InnocenceTable of ContentsPart I: Cross-National Perspectives and Issues 1. Introduction 2. Wrongful Conviction and Moral Panic: National and International Prespectives on Organized Child Sexual Abuse 3. Judicial Error and Forensic Science: Pondering the Contribution of DNA EvidencePart II: North American Perspectives and Issues 4. Wrongful Convictions in the United States 5. The Adversary System and Wrongful Conviction 6. Fatal Errors: Compelling Claims of Executions of the Innocent in the Post-Furman Era 7. The Fallibility of Justice in Canada: A Critical Examination of Conviction ReviewPart III: European and Israeli Perspectives and Issues 8. Wrongful Convictions in Switzerland: The Experience of a Continental Law Country 9. The Vulnerability of Dutch Criminal Procedure to Wrongful Conviction 10. Criminal Justice and Miscarriages of Justice in England and Wales 11. A Comparative Analysis of Prosecution in Germany and the United Kingdom: Searching for Truth or Getting a Conviction? 12. Wrongful Conviction in France: The Limits of "Pourvoi en Revision" 13. The Sanctity of Criminal Law: Thoughts and Reflections on Wrongful Conviction in Israel 14. Wrongful Convictions in Poland: From the Communist Ero to the Rechtstaat ExperiencePart IV: Conclusions 15. Wrongful Convictions: Conclusions from an International OverviewContributors Index

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Book SynopsisWhen I walked through the office door each day, I knew that almost every decision I made would make someone unhappy…In Frank & Fearless Nicholas Cowdery QC takes us behind the scenes of the toughest cases that defined his 16 ½ years as the Director of Public Prosecutions for New South Wales. The headline-grabbing cases of Gordon Wood, Keli Lane and Christopher Gilham (tried for the 1992 murder of his brother and parents) are examined with forensic precision, along with the DPP’s decision not to prosecute artist Bill Henson and members of The Chaser. During his tenure, Cowdery was also well-known for his support for realistic drug and death with dignity laws, and for the need to decriminalise abortion.Frank & Fearless is a gripping and forthright account of the difficult and often contentious decisions Nicholas Cowdery made to maintain the rule of law during his time as a gatekeeper of the criminal justice system.

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Book SynopsisThis is a groundbreaking book that delves deep into the intricate world of financial crime amidst a global economic crisis. Authored by experts in the field, this book offers a comprehensive exploration of the various forms of financial crime and provides valuable insights into the strategies and technologies used to combat them. From money laundering to fraud and cybercrime, the book uncovers the hidden risks and challenges faced by financial institutions and regulatory bodies.Table of Contents Chapter 1 Introduction to Financial Crime Chapter 2 Risk, Recklessness, and Policing the Financial Markets Chapter 3 Credible Deterrence and Consumer Protection Through the Imposition of Financial Penalties Chapter 4 LIBOR Manipulation: The Limits and Potential of Corporate Criminal Liability Chapter 5 Corruption, Money Laundering, and Societal Responsibility of Banks Chapter 6 The Good, the Bad and the Fraud: Securitization and Financial Crime in Light of the Global Financial Crisis Chapter 7 Virtual Currency in a Virtual World

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Book SynopsisThis is a truly excellent book: wide-ranging, meticulous scholarship, very well written and easy to read. It should be on the desks of every senior civil servant, government lawyer and politician in every African country. After this book, there is no excuse for not having in place the necessary legal framework and equally important, for not using that legal framework to combat corruption.'- Patrick McAuslan, Birkbeck University of London, UKDrawing on numerous recent examples of good and bad practice from around the continent, this insightful volume explores the legal issues involved in developing and enhancing good governance and accountability within African states, as well as addressing the need for other states worldwide to demonstrate the 'transnational political will' to support these efforts.John Hatchard considers the need for good governance, accountability and integrity in both the public and private sector. He studies how these issues are reflected in both the African Union Convention on Preventing and Combating Corruption and the United Nations Convention Against Corruption. The book demonstrates that despite the vast majority of African states being party to these conventions, in practice, many of them continue to experience problems of bad governance, corporate bribery and the looting of state assets. It explores how the 'art of persuasion' can help develop the necessary political will through which to address these challenges at both the national and transnational levels.This unique and influential book will be of worldwide interest to those studying law, politics or business, as well as legal practitioners, policymakers, senior public officials, parliamentarians, law reformers, civil society organizations and the corporate sector.Contents: Introduction 1. Setting the Scene: Law and Persuasion 2. Law and Governance in Africa: Supporting Integrity and Combating Corruption 3. Preventive Measures: Maintaining Integrity in the Public Service 4. When Things Go Wrong: Addressing Integrity Problems in the Public Service 5. Constitutions, Constitutional Rights and Combating Corruption: Exploring the Links 6. Investigating and Prosecuting Corruption Related Offences: Challenges and Realities 7. National Anti-corruption Bodies: A Key Good Governance Requirement? 8. Judges: Independence, Integrity and Accountability 9. Combating Corruption: 'Persuasion' and the Private Sector 10. Preventing the Looting of State Assets: Combating Corruption-Related Money Laundering 11. Preventing Public Officials from Enjoying their Proceeds of Corruption 12. Law, Political Will and the Art of Persuasion Bibliography IndexTrade Review‘This is a truly excellent book: wide-ranging, meticulous scholarship, very well written and easy to read. It should be on the desks of every senior civil servant, government lawyer and politician in every African country. After this book, there is no excuse for not having in place the necessary legal framework and equally important, for not using that legal framework to combat corruption.’ -- Patrick McAuslan, Birkbeck University of London, UKTable of ContentsContents: Introduction 1. Setting the Scene: Law and Persuasion 2. Law and Governance in Africa: Supporting Integrity and Combating Corruption 3. Preventive Measures: Maintaining Integrity in the Public Service 4. When Things Go Wrong: Addressing Integrity Problems in the Public Service 5. Constitutions, Constitutional Rights and Combating Corruption: Exploring the Links 6. Investigating and Prosecuting Corruption Related Offences: Challenges and Realities 7. National Anti-corruption Bodies: A Key Good Governance Requirement? 8. Judges: Independence, Integrity and Accountability 9. Combating Corruption: ‘Persuasion’ and the Private Sector 10. Preventing the Looting of State Assets: Combating Corruption-Related Money Laundering 11. Preventing Public Officials from Enjoying their Proceeds of Corruption 12. Law, Political Will and the Art of Persuasion Bibliography Index

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Book SynopsisThis is a truly excellent book: wide-ranging, meticulous scholarship, very well written and easy to read. It should be on the desks of every senior civil servant, government lawyer and politician in every African country. After this book, there is no excuse for not having in place the necessary legal framework and equally important, for not using that legal framework to combat corruption.'- Patrick McAuslan, Birkbeck University of London, UKDrawing on numerous recent examples of good and bad practice from around the continent, this insightful volume explores the legal issues involved in developing and enhancing good governance and accountability within African states, as well as addressing the need for other states worldwide to demonstrate the 'transnational political will' to support these efforts.John Hatchard considers the need for good governance, accountability and integrity in both the public and private sector. He studies how these issues are reflected in both the African Union Convention on Preventing and Combating Corruption and the United Nations Convention Against Corruption. The book demonstrates that despite the vast majority of African states being party to these conventions, in practice, many of them continue to experience problems of bad governance, corporate bribery and the looting of state assets. It explores how the 'art of persuasion' can help develop the necessary political will through which to address these challenges at both the national and transnational levels.This unique and influential book will be of worldwide interest to those studying law, politics or business, as well as legal practitioners, policymakers, senior public officials, parliamentarians, law reformers, civil society organizations and the corporate sector.Contents: Introduction 1. Setting the Scene: Law and Persuasion 2. Law and Governance in Africa: Supporting Integrity and Combating Corruption 3. Preventive Measures: Maintaining Integrity in the Public Service 4. When Things Go Wrong: Addressing Integrity Problems in the Public Service 5. Constitutions, Constitutional Rights and Combating Corruption: Exploring the Links 6. Investigating and Prosecuting Corruption Related Offences: Challenges and Realities 7. National Anti-corruption Bodies: A Key Good Governance Requirement? 8. Judges: Independence, Integrity and Accountability 9. Combating Corruption: 'Persuasion' and the Private Sector 10. Preventing the Looting of State Assets: Combating Corruption-Related Money Laundering 11. Preventing Public Officials from Enjoying their Proceeds of Corruption 12. Law, Political Will and the Art of Persuasion Bibliography IndexTrade Review‘This is a truly excellent book: wide-ranging, meticulous scholarship, very well written and easy to read. It should be on the desks of every senior civil servant, government lawyer and politician in every African country. After this book, there is no excuse for not having in place the necessary legal framework and equally important, for not using that legal framework to combat corruption.’ -- Patrick McAuslan, Birkbeck University of London, UKTable of ContentsContents: Introduction 1. Setting the Scene: Law and Persuasion 2. Law and Governance in Africa: Supporting Integrity and Combating Corruption 3. Preventive Measures: Maintaining Integrity in the Public Service 4. When Things Go Wrong: Addressing Integrity Problems in the Public Service 5. Constitutions, Constitutional Rights and Combating Corruption: Exploring the Links 6. Investigating and Prosecuting Corruption Related Offences: Challenges and Realities 7. National Anti-corruption Bodies: A Key Good Governance Requirement? 8. Judges: Independence, Integrity and Accountability 9. Combating Corruption: ‘Persuasion’ and the Private Sector 10. Preventing the Looting of State Assets: Combating Corruption-Related Money Laundering 11. Preventing Public Officials from Enjoying their Proceeds of Corruption 12. Law, Political Will and the Art of Persuasion Bibliography Index

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Book SynopsisProfessor Chang s very thoughtful and impressively researched study of cybercrime in the greater China region is an invaluable contribution to the information and analyses available in this area. It not only provides important, and heretofore unavailable data, about the incidence and nature of cybercrime in this region, it also offers insightful suggestions into how this problem can most effectively be controlled. It belongs in the library of anyone interested in this area.'- Susan Brenner, University of Dayton, US'East Asia is a heartland of the variegated scams of the cybercrime problem. Yao Chung Chang's book is an innovative application of routine activity theory and regulatory theory to cybercrime prevention across the cybergulf between China and Taiwan. The long march through the scams and across the Taiwan Strait is fascinating. Chang leads us to ponder a wiki cybercrime prevention strategy that might work in such treacherous waters.'- John Braithwaite, Australian National University'Very rarely do you read books that impress these days, but for me Cybercrime in the Greater China Region was one of them. Dr Chang is one of a number of young and exciting international academics who are exploring previously unchartered territory in their quest for new understandings about cybercrime. In his book, Dr Chang manages to locate a global policing problem within the sometimes tense political and cultural constraints of regional policing. For me, Professor Grabosky neatly sums up the strengths of the book in his foreword, I can only endorse them.- David S. Wall, University College, Durham University, UK'Lennon's research is an important contribution to the current limited understanding of the cybercrimes and related laws/regulations and incident reporting issues across the straits between the two major economies in the Asia region. A well researched book, and highly informative with practical suggestions for enhancing visibility and cooperation to improve the overall state of cybersecurity in the region, especially between the two economies.- Meng-Chow Kang, Cisco Systems, ChinaCybercrime is a worldwide problem of rapidly increasing magnitude and, of the countries in the Asia Pacific region, Taiwan and China are suffering most. This timely book discusses the extent and nature of cybercrime in and between Taiwan and China, focussing especially on the prevalence of botnets (collections of computers that have been compromised and used for malicious purposes).The book uses routine activity theory to analyse Chinese and Taiwanese legal responses to cybercrime, and reviews mutual assistance between the two countries as well as discussing third party cooperation. To prevent the spread of cybercrime, the book argues the case for a 'wiki' approach to cybercrime and a feasible pre-warning system. Learning from lessons in infectious disease prevention and from aviation safety reporting, Cybercrime in the Greater China Region proposes a feasible information security incident reporting and response system.Academics, government agency workers, policymakers and those in the information security or legal compliance divisions in public and private sectors will find much to interest them in this timely study.Contents: Foreword Part I: Setting the Scene 1. Introduction 2. Risk, Routine Activity, and Cybercrime Part II: New Crime in a New Field: Cybercrime in Taiwan and China 3. CybercrimeTrade ReviewProfessor Chang's very thoughtful and impressively researched study of cybercrime in the greater China region is an invaluable contribution to the information and analyses available in this area. It not only provides important, and heretofore unavailable data, about the incidence and nature of cybercrime in this region, it also offers insightful suggestions into how this problem can most effectively be controlled. It belongs in the library of anyone interested in this area.'- Susan Brenner, University of Dayton, US'East Asia is a heartland of the variegated scams of the cybercrime problem. Yao Chung Chang's book is an innovative application of routine activity theory and regulatory theory to cybercrime prevention across the cybergulf between China and Taiwan. The long march through the scams and across the Taiwan Strait is fascinating. Chang leads us to ponder a wiki cybercrime prevention strategy that might work in such treacherous waters.'- John Braithwaite, Australian National UniversityTable of ContentsContents: Foreword Preface Part I: Setting the Scene 1. Introduction 2. Risk, Routine Activity and Cybercrime Part II: New Crime in a New Field: Cybercrime in Taiwan and China 3. Cybercrime Across the Taiwan Strait Part III: Regulatory Responses Against Cybercrime Across the Taiwan Strait 4. Think Global, Act Glocal — ‘Glocal’ Responses to Cybercrime 5. Cooperation between Taiwan and China Part IV: Preventable Measures: Cybercrime as the Infectious Disease in the Virtual World 6. ‘Wiki’ Crime Prevention — Establishing a Pre-Warning System 7. Conclusion References Index

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Book SynopsisThis handbook presents cutting-edge research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process, and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan, and Japan, among others.This book explores a number of key topics in the field of criminal procedure: the role of screening mechanisms in weeding out weak cases before trial; the willingness of different legal systems to suppress illegally obtained evidence; the ways legal systems set meaningful evidentiary thresholds for arrest and pretrial detention; the problem of wrongful convictions; the way legal systems balance the search for truth against other values, such as protections for fundamental rights; emerging legal protections for criminal defendants, including new safeguards against custodial questioning in the European Union, limitations on covert operations in post-Soviet states, and the Indian system of anticipatory bail; as well as the mechanisms by which legal systems avoid trials altogether. A number of contributors also examine the impact of legal reforms that have newly introduced lay jurors into the fact-finding process or that now require juries to give reasons for verdicts.The ideal readership for this handbook includes law students, scholars of criminal procedure and comparative law, as well as civil liberties lawyers. Scholars of national security, the European Union, transitional justice, and privacy will also be interested in the volume's contributions to their fields.Contributors include: S.M. Boyne, M. Cohen, S. Fouladvand, E. Grande, J.S. Hodgson, D.T. Johnson, V. Khanna, N. Kovalev, M. Langer, A.D. Leipold, K. Mahajan, J. Mazzone, J.E. Ross, C. Slobogin, S.C. Thaman, J.I. Turner, R. Vogler, T. WenTrade Review'Contemporary criminal procedure may be seen as a global garden in which myriad blossoms - with names like ''lay judges,'' ''anticipatory bail,'' and ''confession bargaining'' - have sprung out of a grafting of old adversarial-inquisitorial roots. In this impressive volume, contributors from England, India, Italy, Taiwan, and the United States examine many facets of these new hybridities. Cross-pollination among national and supranational systems, differences and similarities at various stages of the criminal process, and even efforts to avoid that process altogether, are explored. The result is a comparative analysis that enriches understanding of global criminal procedure.' --Diane Marie Amann, University of Georgia School of Law'This enlightening book assembles cutting-edge work from the finest scholars of comparative criminal procedure around the world. It marks a real advance in our knowledge and poses policy challenges that every country in the world will have to face.' --James Q. Whitman, Yale UniversityTable of ContentsContents: PART I INTRODUCTION: MAPPING DIALOGUE AND CHANGE IN COMPARATIVE CRIMINAL PROCEDURE Jacqueline E. Ross and Stephen C. Thaman PART II HOLISTIC COMPARISONS 1. Limits on the Search for Truth in Criminal Procedure: A Comparative View Jenia Iontcheva Turner 2. Ensuring the Factual Reliability of Criminal Convictions: Reasoned Judgments or a Return to Formal Rules of Evidence? Stephen C. Thaman PART III DIACHRONIC COMPARISONS A. Screening Mechanisms 3. Anticipatory Bail in India: Addressing Misuse of the Criminal Justice Process? Vikramaditya S. Khanna and Kartikey Mahajan 4. Mechanisms for Screening Prosecutorial Charging Decisions in the United States and Taiwan Tzu-te Wen and Andrew D. Leipold 5. Standards for Making Factual Determinations in Arrest and Pretrial Detention: A Comparative Analysis of Law and Practice Richard Vogler and Shahrzad Fouladvand B. Pretrial Investigation 6. Procedural Economy in Pre-Trial Procedure: Developments in Germany and the United States Shawn Marie Boyne 7. From the Domestic to the European: An Empirical Approach to Comparative Custodial Legal Advice Jacqueline S. Hodgson 8. A Comparative Perspective on the Exclusionary Rule in Search and Seizure Cases Christopher Slobogin 9. Silence, Self-Incrimination, and Hazards of Globalization Jason Mazzone C. Adjudication: Jury Trials 10. Rumba Justice and the Spanish Jury Trial Elisabetta Grande 11. Japan’s Lay Judge System David T. Johnson 12. The French Case for Requiring Juries to Give Reasons: Safeguarding Defendants or Guarding the Judges? Mathilde Cohen PART IV SYNCHRONIC COMPARISONS: ALTERNATIVES TO TRIAL, TO CRIMINAL INVESTIGATIONS, AND TO THE CRIMINAL PROCESS ITSELF 13. Special Investigative Techniques in Post-Soviet States: The Divide Between Preventive Policing and Criminal Investigation Nikolai Kovalev and Stephen C. Thaman 14. The Emergence of Foreign Intelligence Investigations as Alternatives to the Criminal Process: A View of American Counterterrorism Surveillance Through German Lenses Jacqueline E. Ross V EPILOGUE Strength, Weakness, or Both? On the Endurance of the Adversarial-Inquisitorial Systems in Comparative Criminal Procedure Máximo Langer Index

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Book SynopsisThis collection brings together the key papers in the area of efficiency in law and economics. Alongside an original introduction, the collection covers the applications of economic efficiency to law and the limitations and morality of efficiency. This important book will appeal to anyone interested in the underlying welfare theory relating to the use of economics in law, examining both the history and impact of the theory, as well as its deficiencies.Table of ContentsContents: Acknowledgements Introduction The Development of Economic Efficiency in Law - Richard O. Zerbe Jr. PART I APPLICATIONS OF ECONOMIC EFFICIENCY TO LAW 1. Arnold C. Harberger (1971), ‘Three Basic Postulates for Applied Welfare Economics: An Interpretive Essay’ 2. Steven Shavell (1981), ‘A Note on Efficiency vs. Distributional Equity in Legal Rulemaking: Should Distributional Equity Matter Given Optimal Income Taxation?’ 3. Louis Kaplow and Steven Shavell (1994), ‘Why the Legal System is Less Efficient than the Income Tax in Redistributing Income’ 4. Jonathan R. Macey and Maureen O’Hara (1999), ‘Regulating Exchanges and Alternative Trading Systems: A Law and Economics Perspective’ 5. Ugo Mattei (1994), ‘Efficiency in Legal Transplants: An Essay in Comparative Law and Economics’ 6. Alan Schwartz and Joel Watson (2004), ‘The Law and Economics of Costly Contracting’ PART II LIMITATIONS OF EFFICIENCY 7. Robert D. Cooter (1987), ‘Liberty, Efficiency, and Law’ 8. Homer Kripke (1985), ‘Law and Economics: Measuring the Economic Efficiency of Commercial Law in a Vacuum of Fact’ 9. Mario J. Rizzo (1979-1980), ‘The Mirage of Efficiency’ PART III UTILITARIANISM AND WEALTH MAXIMIZATION 10. Richard A. Posner (1979), ‘Utilitarianism, Economics, and Legal Thought’ 11. Anthony T. Kronman (1980), ‘Wealth Maximization as a Normative Principle’ 12. Richard A. Posner (1985), ‘Wealth Maximization Revisited’ PART IV MORALITY OF EFFICIENCY 13. Richard O. Zerbe, Jr. (2007), ‘The Legal Foundation of Cost-Benefit Analysis’ 14. Mark D. White (2006), ‘A Kantian Critique of Neoclassical Law and Economics’ 15. Russell Hardin (1992), ‘The Morality of Law and Economics’ 16. Richard O. Zerbe, Jr. (2006), ‘Justice and the Evolution of Common Law’ PART V OTHER CONCEPTS OF EFFICIENCY 17. John Rawls (1958), ‘Justice as Fairness’ 18. Amartya Sen (1993), ‘Capability and Well-Being’ 19. Guido Calabresi (1991), ‘The Pointlessness of Pareto: Carrying Coase Further’ 20. Jonathan Klick and Francesco Parisi (2004), ‘Wealth, Utility, and the Human Dimension’ 21. Richard O. Zerbe, Jr. (1998), ‘Response: An Integration of Equity and Efficiency’

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Book Synopsis'The rhetoric of transformation in transitional justice seems to be everywhere. Padraig McAuliffe takes this agenda down to its roots and exposes unproven or wishful assumptions that fail to connect with conditions in actual post-conflict settings. This bracing and powerful book, massively researched and tightly argued, throws down a gauntlet and defines an agenda for future research. McAuliffe's book is a singular and outstanding intervention in the transitional justice field.'- Margaret Urban Walker, Marquette University Despite the growing focus on issues of socio-economic transformation in contemporary transitional justice, the path dependencies imposed by the political economy of war-to-peace transitions and the limitations imposed by weak statehood are seldom considered. This book explores transitional justice's prospects for seeking economic justice and reform of structures of poverty in the specific context of post-conflict states. Systematic and timely, this book examines how the evolution of contemporary civil war, the modalities of peacemaking and peacebuilding, as well as the role of grassroots forms of justice, condition prospects for tackling the economic roots of conflict. It argues that discourse in the area focuses too much on the liberal commitments of interveners to the exclusion of understanding how interventionist impulses are compromised by the agency of local actors. Ultimately, the book illustrates that for transitional justice to become effective in transforming structures of injustice, it needs to acknowledge the salience of domestic political incentives and accumulation patterns. Transitional justice scholars will find this book indispensable as the first consideration of transitional justice and economic transformation from the perspective of the domestic political economy. Both peacebuilding and development specialists will also benefit from its wealth of lessons to be learned.Trade Review'This is one of the most important and original contributions to recent transitional justice literature. In this outstanding work of non-ideal theory, McAuliffe argues that wishful thinking and good intentions are not enough to bring about lasting economic improvements in post war states. What is required is a clear-eyed examination of how transitional justice precepts about economic justice work in particular post war contexts; how they can be realized given the real world institutional weakness, lingering old-guard influence, lack of political tradition and corruption typical of fledgling states. Beautifully written and argued, this is a must read for both scholars and practitioners of transitional justice.' --(Nir Eisikovits, Suffolk University)'''Economic transformation'' has become the order of the day in contemporary transitional justice discourse. The question of how deep-seated economic injustice can be effectively addressed in real-world post-conflict scenarios is rarely considered, however. McAuliffe's inspiring book tackles this much-neglected issue head-on. It is one of those rare books that ''advance the conversation'', a must-read for everyone wishing to go beyond oversimplified formulas and to critically think about the real place of economic justice in post-conflict states.' --(Frank Haldemann, Geneva Academy of International Humanitarian Law and Human Rights, Switzerland)'Padraig McAuliffe's book has both the ambition to go beyond traditional debates surrounding transitional justice and propose an innovative understanding of transformative justice and the humility to understand the limits of holistic solutions that often do not cater for the specific features of particular situations. It guides the reader away from certain intellectual dead ends, and opens new avenues for fruitful discussion on how to deal with post conflict situations in a way that addresses not only the immediate reasons for conflict but also the underlying structural causes. Padraig McAuliffe takes us on this path with a clear, pedagogic and well written book which will be essential reading for all those trying to understand what is at stake when trying to achieve lasting peace in post-conflict countries.' --(Dov Jacobs, Leiden University, the Netherlands)Table of ContentsContents: Preface 1. Introduction: Acknowledging the Complexities of Post-Conflict Socio-Economic Justice 2. Transitional Justice’s Transformative Turn: How We Got Here, What We Know and What We Don’t 3. Transitional Opportunity? How Peace Negotiations and Power-sharing Impede Root Cause Approaches 4. Transitional Justice, Liberal Peacebuilding and the Endogenous Determinants of Transformation 5. ‘Trickle-up Justice?’: The Impact of Bottom-Up Justice Beyond the Local 6. Conclusion: Lesson’s Learned, Lessons Spurned Index

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Book SynopsisDrawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, the Research Handbook on the International Penal System critically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it examines the operation of the international penal system, covering pertinent issues such as non-custodial sanctions, monitoring of conditions of detention, the protection of prisoners under international law and the transfer of prisoners. These aspects are presented in a logical order, linking up with the chronological sequence of the international criminal justice process. Far-reaching, this Handbook also explores broader normative questions related to contemporary human rights law, transitional and restorative justice and victim redress, before exploring contemporary and alternative mechanisms for punishing and overseeing punishment, and possible avenues for development.This up-to-date assessment will provide valuable insights for researchers and students of international criminal law and justice, comparative penal law, penology, prisoners' rights and transitional and restorative justice. Its recommendations for development will also interest international and national officials working in criminal law and justice.Contributors: D. Abels, K. Ambos, O. Bekou, S. D Ascoli, T.A. Doherty, M.A. Drumbl, S.A. Fisher, B. Holá, A. Jones, N. Kiefer, C. McCarthy, L. McGregor, R. Mulgrew, J.C. Nemitz, M.M. Penrose, G. Sluiter, S. Snacken, A. Trotter, H. van der Wilt, J. van Wijk, D. van Zyl Smit, R. YoungTrade Review'A huge gap in the literature is filled with this authoritative volume. The issues at the delivery point of the international justice system, when convicted criminals are punished, receive comprehensive treatment by the world's experts in this field. This work is an indispensable addition to any international criminal law library.' --William A. Schabas, Middlesex University, UK and Leiden University, the NetherlandsTable of ContentsContents: Preface PART I INTERNATIONAL REMAND DETENTION 1. The Legal Position of International Detainees: Applicable Law and Standards Jan Christoph Nemitz 2. Provisional Release from International Remand Detention Andrew Trotter PART II INTERNATIONAL PENALTIES 3. Ius Puniendi and Individual Criminal Responsibility in International Criminal Law Kai Ambos 4. Determinate and Indeterminate Sentences of Imprisonment in International Criminal Justice Dirk Van Zyl Smit 5. Fines and Forfeiture in International Criminal Justice Rebecca Young PART III INTERNATIONAL SENTENCING 6. International Sentencing: Law and Practice Silvia D’Ascoli 7. Judicial Cross-Referencing in the Sentencing Practice of International(ized) Criminal Courts and Tribunals Annika Jones PART IV INTERNATIONAL TRANSFERS 8. The Transfer of the Execution of Sentences of the International Criminal Court in Light of Inter-State Practice Harmen Van Der Wilt 9. Rule 11bis: Exploring the Penal Aspects of Transferring Cases to National Courts by the Ad Hoc Tribunals Olympia Bekou PART V INTERNATIONAL IMPRISONMENT 10. State Cooperation in the Enforcement of Sentences Göran Sluiter 11. Limiting the Objectives of the Enforcement of International Punishment Denis Abels 12. Rehabilitating International Prisoners Barbora Holá and Joris Van Wijk PART VI INTERNATIONAL STANDARDS, OVERSIGHT AND SUPERVISION 13. International Penal Law: Aligned with or Autonomous from International Human Rights Law? Lorna Mcgregor 14. Oversight of International Imprisonment: The Committee for the Prevention of Torture Sonja Snacken and Nik Kiefer 15. Enforcement of Sentences and Oversight of Prisoners Convicted by the Special Court for Sierra Leone Teresa Anne Doherty and Shireen Avis Fisher PART VII ALTERNATIVES TO CUSTODIAL PUNISHMENT 16. International Punishment from ‘Other’ Perspectives Mark A. Drumbl 17. The International Criminal Court’s Regime of Victim Redress: Non-Punitive Responses to Crimes Under the Rome Statute Conor Mccarthy PART VIII DEVELOPING THE INTERNATIONAL PENAL SYSTEM 18. Creating an International Prison Margaret M. Penrose 19. The Costs of Suspicion: A Critical Analysis of the Compensation Scheme Established By Article 85(3) of the Rome Statute Róisín Mulgrew Conclusion Index

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Book SynopsisUsing Human Rights to Counter Terrorism uses practical examples to argue that a State's lack of respect for human rights is counter-productive and hinders its fight against terrorism. Through analysing legislative developments since 2001, this book examines how and why many counter terrorism measures have so far been unsuccessful; arguing that longer term, a human rights-centric approach is required. The book's expert contributors have a wide breadth of experience at a national and international level. They have worked with institutions such as national intelligence agencies, the UN Security Council, the UN Human Rights Council as well as a number of UN bodies specializing in Human Rights and Terrorism. Various counter terrorism measures, including mass digital surveillance, the use of drones, and the use of torture are examined. The impact of counter terrorism measures on migration, civil society, and the delivery of humanitarian assistance are assessed. The chapters serve to show that a lack of accountability for human rights violations in these areas can be conducive to an increase in terrorist activity. Those working within State authorities, international and non-governmental organizations will find the arguments presented in this work compelling. Legal practitioners working in the security and human rights sectors will also find this book a useful source of evidence to support human rights countering the challenges of terrorism.Contributors include: F.N. Aoláin, R. Barrett, A. Charbord, B. Emmerson, U. Garms, L. Ginsborg, M. Nowak, L. Oldring, T. Parker, M. ScheininTrade ReviewOne often hears calls not to see anti-terrorism measures and the pursuit of human rights necessarily as opposites, but in many cases as complementary activities. This book offers a welcome exploration of this idea in a wide range of contexts, by experts on the practical as well as the conceptual level. This is a timely and important book with a significant contribution to make towards ensuring survival of people and of the human rights project.' --Christof Heyns, University of Pretoria, South Africa and Member of the UN Human Rights Committee; Special Rapporteur on extrajudicial, summary or arbitrary executions (2010-2016)'This excellent book edited by Manfred Nowak and Anne Charbord tackles the interplay between human rights and counter-terrorism in a comprehensive, digestible, and convincing fashion. The authors navigate the intricate complexities of the interplay between human rights and counter-terrorism with great skill. They are unanimous in their assessment that respect for human rights is a prerequisite for long-term success in countering terrorism.' --Tarik Gherbaoui, European Journal of Legal StudiesTable of ContentsContents: Introduction Manfred Nowak and Anne Charbord 1. Key trends in the fight against terrorism and key aspects of international human rights law Manfred Nowak and Anne Charbord 2. Impact of post-9/11 counter-terrorism measures on all human rights Martin Scheinin 3. New counter-terrorism measures: Continuing challenges for human rights Ben Emmerson QC 4. The complexity and challenges of addressing the conditions conducive to terrorism Fionnuala Ní Aoláin 5. One step forward, two steps back: The Security Council, ‘Foreign Terrorist Fighters’, and human rights Lisa Ginsborg 6. Acting ethically in the shadows: Intelligence gathering and human rights Richard Barrett and Tom Parker 7. The preventive criminal justice strategy against terrorism and its human rights implications Ulrich Garms 8. Questions of accountability in countering terrorism Lisa N. Oldring Index

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Book SynopsisWhat is international criminal justice? The authors of this book set out a framework for understanding international criminal justice in all its facets. Considering both definition and content, the authors argue for its treatment as a holistic field of study, rather than a by-product of international criminal law. Adopting a multidisciplinary approach, this book draws on a range of legal and extra-legal disciplines. Whilst addressing crucial legal questions throughout, it also considers the role and impact of politics, history, psychology, terrorism, transitioning society, and even the idea of hope in how we understand international criminal justice. Challenging many of the prevalent paradigms of thinking in this area, Gideon Boas and Pascale Chifflet explore whether it is possible to reconcile some of the enduring intellectual conflict, such as whether and how retributive and restorative approaches to justice can co-exist. Written by leading academics who themselves are also practitioners in the field, this unique work performs a significant role in defining and explaining international criminal justice, and as such will be important reading for scholars and practitioners, as well as providing an entry point for students in a classroom environment.Trade Review'A great introduction to the subject, rich with scholarly analysis including an essential historical perspective on the origins of international criminal justice, but at the same time sparkling with the unique insights of practitioners.' --William A. Schabas, Middlesex University London, UK'This exceptional book explores the emerging discipline of international criminal justice from new and important perspectives. Its thematic approach lends a deeper understanding not just of the legal frameworks and challenges, but also of the many disciplines that inform and make up this growing field. Written by two distinguished practitioners and scholars of international criminal justice, this book offers readers vital insight into the successes, failures and challenges that confront the response by states and the international community to mass atrocity today.' --Michael P. Scharf, Case Western Reserve University, School of Law, USTable of ContentsContents: 1. What is International Criminal Justice? 2. International Criminal Justice and History 3. International Criminal Justice and Politics 4. International Criminal Justice and Psychology 5. International Criminal Justice and Responses to Terrorism 6. International Criminal Justice and Transitioning Societies 7. International Criminal Justice and Hope – Some Concluding Remarks Index

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Book SynopsisIn China the process of criminal reconciliation allows the alleged perpetrators and victims of certain crimes to resolve criminal cases through reconciliation or mediation. Based on empirical studies, which include case file examination and interviews with judges, prosecutors, lawyers and individual parties in three cities in mainland China, this important new book provides a comprehensive description and in-depth analysis of the operation. Criminal reconciliation has been a key feature in the reform of China's judicial system and as part of her analysis of it the author relates flaws in the criminal reconciliation programme to wider problems in the Chinese criminal justice system.Students and scholars of law and related subjects, especially those focussing on Asian studies, will find this book to be of interest. It will also be of use to associations and organisations working on restorative justice, mediation, and reconciliation.Trade Review'This is an excellent book that provides us with important insights into a central, but so far insufficiently studied aspect of China's criminal justice through its in-depth studies of how 'criminal reconciliation' works on the ground. It is well-grounded in empirical research and critical analysis, and its argument is persuasive. This book is of great value to readers interested in the criminal justice system, judicial reforms, and human rights in China.' --Eva Pils, King's College London, UK'This detailed ethnographic study of ''criminal reconciliation'' (xingshi hejie) in China's criminal process uncovers a major contradiction between the formal rules and lived reality. In place of voluntary admissions of guilt, education and correction, the author found enforced ''reconciliation'' driven by criminal justice officials seeking to meet official performance evaluation criteria. This insightful study demonstrates how informal rules may be accorded primary importance in practice mirroring the Party's promotion of the ''rule of law with Chinese characteristics'' as it extends its authoritarian grip on everyday life.' --Mike McConville, Emeritus Professor, The Chinese University of Hong KongTable of ContentsContents: 1. The criminal reconciliation (xingshi hejie) system in China: background, pilot projects and debates 2. A comparative look at criminal reconciliation: a transplant of restorative justice? 3. Criminal reconciliation in practice: evidence from official case files 4. The process of criminal reconciliation programmes: evidence from interviews 5. The participants of criminal reconciliation programmes: evidence from interviews 6. Understanding wider problems with the Chinese criminal justice system through the lens of criminal reconciliation 7. Conclusion Bibliography Index

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Book SynopsisThis Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists; and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist. Geoffrey Samuel begins by identifying the main institutional focal points of legal reasoning (ius, regulae iuris, Interpretatio, utilitas and actiones). While examining legal reasoning from both an internal and external viewpoint, the book simultaneously incorporates theory and scholarship from a range of other disciplines including social science and film studies. The author also includes a discussion of fiction theory, schemes of intelligibility, and other epistemological issues as well as standard reasoning devices such as induction, deduction and analogy.Combining cases and materials with original text, this unique, concise format is designed to be accessible for students who are starting out on their law programs, as well as providing insights for students and researchers who would like to examine judging and legal reasoning in more depth.Trade Review'In this useful and timely book Geoffrey Samuel offers to his readers a new understanding of the rich complexity of legal reasoning - an understanding that has sometimes been lacking in accounts of law written from a single perspective. Professor Samuel has made excellent use of his wide and deep knowledge of Roman law, of English legal history, of modern English law, and of mediaeval and modern civil law. The book is well set out, with clear, concise, and apt quotations throughout.' --Stephen Waddams, University of Toronto, Canada'A wonderful idea and a stimulating book! Harmonization of Law in Europe will only come to life if students and practitioners begin to understand how judges think about cases. Geoffrey Samuel's unique ability to teach and understand both French law and continental perspectives, as well as English law allows him to give invaluable insight on legal methodology both for English and civil law lawyers. This book is the result of a large historical and methodological knowledge, of a deep understanding of decision-making processes and of a tremendous work with cases. Just remarkable!' --Pascal Pichonnaz, University of Fribourg, SwitzerlandTable of ContentsContents: Preface Introduction 1. What Judging and Legal Reasoning Have Been 2. Judging and Legal Reasoning Today (‘Official Portrait’) (1) 3. Judging and Legal Reasoning Today (‘Official Portrait’) (2) 4. The ‘Unofficial Portrait’ 5. The Relationship Between the Official and Unofficial Portraits (1) 6. The Relationship Between the Official and Unofficial Portraits (2) Conclusions Index

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Book SynopsisThis Short Introduction looks at judging and reasoning from three perspectives: what legal reasoning has been; what legal reasoning is from the view of judges and jurists; and what legal reasoning is from the view of a social scientist epistemologist or humanities specialist. Geoffrey Samuel begins by identifying the main institutional focal points of legal reasoning (ius, regulae iuris, Interpretatio, utilitas and actiones). While examining legal reasoning from both an internal and external viewpoint, the book simultaneously incorporates theory and scholarship from a range of other disciplines including social science and film studies. The author also includes a discussion of fiction theory, schemes of intelligibility, and other epistemological issues as well as standard reasoning devices such as induction, deduction and analogy.Combining cases and materials with original text, this unique, concise format is designed to be accessible for students who are starting out on their law programs, as well as providing insights for students and researchers who would like to examine judging and legal reasoning in more depth.Trade Review'In this useful and timely book Geoffrey Samuel offers to his readers a new understanding of the rich complexity of legal reasoning - an understanding that has sometimes been lacking in accounts of law written from a single perspective. Professor Samuel has made excellent use of his wide and deep knowledge of Roman law, of English legal history, of modern English law, and of mediaeval and modern civil law. The book is well set out, with clear, concise, and apt quotations throughout.' --Stephen Waddams, University of Toronto, Canada'A wonderful idea and a stimulating book! Harmonization of Law in Europe will only come to life if students and practitioners begin to understand how judges think about cases. Geoffrey Samuel's unique ability to teach and understand both French law and continental perspectives, as well as English law allows him to give invaluable insight on legal methodology both for English and civil law lawyers. This book is the result of a large historical and methodological knowledge, of a deep understanding of decision-making processes and of a tremendous work with cases. Just remarkable!' --Pascal Pichonnaz, University of Fribourg, SwitzerlandTable of ContentsContents: Preface Introduction 1. What Judging and Legal Reasoning Have Been 2. Judging and Legal Reasoning Today (‘Official Portrait’) (1) 3. Judging and Legal Reasoning Today (‘Official Portrait’) (2) 4. The ‘Unofficial Portrait’ 5. The Relationship Between the Official and Unofficial Portraits (1) 6. The Relationship Between the Official and Unofficial Portraits (2) Conclusions Index

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Book SynopsisThis handbook presents cutting-edge research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process, and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan, and Japan, among others.This book explores a number of key topics in the field of criminal procedure: the role of screening mechanisms in weeding out weak cases before trial; the willingness of different legal systems to suppress illegally obtained evidence; the ways legal systems set meaningful evidentiary thresholds for arrest and pretrial detention; the problem of wrongful convictions; the way legal systems balance the search for truth against other values, such as protections for fundamental rights; emerging legal protections for criminal defendants, including new safeguards against custodial questioning in the European Union, limitations on covert operations in post-Soviet states, and the Indian system of anticipatory bail; as well as the mechanisms by which legal systems avoid trials altogether. A number of contributors also examine the impact of legal reforms that have newly introduced lay jurors into the fact-finding process or that now require juries to give reasons for verdicts.The ideal readership for this handbook includes law students, scholars of criminal procedure and comparative law, as well as civil liberties lawyers. Scholars of national security, the European Union, transitional justice, and privacy will also be interested in the volume's contributions to their fields.Contributors include: S.M. Boyne, M. Cohen, S. Fouladvand, E. Grande, J.S. Hodgson, D.T. Johnson, V. Khanna, N. Kovalev, M. Langer, A.D. Leipold, K. Mahajan, J. Mazzone, J.E. Ross, C. Slobogin, S.C. Thaman, J.I. Turner, R. Vogler, T. WenTrade Review'Contemporary criminal procedure may be seen as a global garden in which myriad blossoms - with names like ''lay judges,'' ''anticipatory bail,'' and ''confession bargaining'' - have sprung out of a grafting of old adversarial-inquisitorial roots. In this impressive volume, contributors from England, India, Italy, Taiwan, and the United States examine many facets of these new hybridities. Cross-pollination among national and supranational systems, differences and similarities at various stages of the criminal process, and even efforts to avoid that process altogether, are explored. The result is a comparative analysis that enriches understanding of global criminal procedure.' --Diane Marie Amann, University of Georgia School of Law'This enlightening book assembles cutting-edge work from the finest scholars of comparative criminal procedure around the world. It marks a real advance in our knowledge and poses policy challenges that every country in the world will have to face.' --James Q. Whitman, Yale UniversityTable of ContentsContents: PART I INTRODUCTION: MAPPING DIALOGUE AND CHANGE IN COMPARATIVE CRIMINAL PROCEDURE Jacqueline E. Ross and Stephen C. Thaman PART II HOLISTIC COMPARISONS 1. Limits on the Search for Truth in Criminal Procedure: A Comparative View Jenia Iontcheva Turner 2. Ensuring the Factual Reliability of Criminal Convictions: Reasoned Judgments or a Return to Formal Rules of Evidence? Stephen C. Thaman PART III DIACHRONIC COMPARISONS A. Screening Mechanisms 3. Anticipatory Bail in India: Addressing Misuse of the Criminal Justice Process? Vikramaditya S. Khanna and Kartikey Mahajan 4. Mechanisms for Screening Prosecutorial Charging Decisions in the United States and Taiwan Tzu-te Wen and Andrew D. Leipold 5. Standards for Making Factual Determinations in Arrest and Pretrial Detention: A Comparative Analysis of Law and Practice Richard Vogler and Shahrzad Fouladvand B. Pretrial Investigation 6. Procedural Economy in Pre-Trial Procedure: Developments in Germany and the United States Shawn Marie Boyne 7. From the Domestic to the European: An Empirical Approach to Comparative Custodial Legal Advice Jacqueline S. Hodgson 8. A Comparative Perspective on the Exclusionary Rule in Search and Seizure Cases Christopher Slobogin 9. Silence, Self-Incrimination, and Hazards of Globalization Jason Mazzone C. Adjudication: Jury Trials 10. Rumba Justice and the Spanish Jury Trial Elisabetta Grande 11. Japan’s Lay Judge System David T. Johnson 12. The French Case for Requiring Juries to Give Reasons: Safeguarding Defendants or Guarding the Judges? Mathilde Cohen PART IV SYNCHRONIC COMPARISONS: ALTERNATIVES TO TRIAL, TO CRIMINAL INVESTIGATIONS, AND TO THE CRIMINAL PROCESS ITSELF 13. Special Investigative Techniques in Post-Soviet States: The Divide Between Preventive Policing and Criminal Investigation Nikolai Kovalev and Stephen C. Thaman 14. The Emergence of Foreign Intelligence Investigations as Alternatives to the Criminal Process: A View of American Counterterrorism Surveillance Through German Lenses Jacqueline E. Ross V EPILOGUE Strength, Weakness, or Both? On the Endurance of the Adversarial-Inquisitorial Systems in Comparative Criminal Procedure Máximo Langer Index

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Book SynopsisComparative Capital Punishment offers a set of in-depth, critical and comparative contributions addressing death practices around the world. Despite the dramatic decline of the death penalty in the last half of the twentieth century, capital punishment remains in force in a substantial number of countries around the globe. This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition. Scholars in the fields of law, sociology, political science and history, as well as human rights lawyers, abolitionists, law makers and judges who wish to remain up-to-date on changing death penalty practices will need Comparative Capital Punishment on their reading list. Contributors include: S.L. Babcock, S. Bae, R.C. Dieter, B.L. Garrett, E. Girling, C. Hoyle, P. Jabbar, S. Lehrfreund, D. Lourtau, B. Malkani, M. Miao, A. Nazir, A. Novak, K. Pant, D. Pascoe, A. Sarat, M. Sato, W. Schabas, C.S. Steiker, J.M. Steiker, J. Yorke Trade Review'The kaleidoscopic contributions to this book provide more comparative insight into capital punishment than any other volume. The Steikers have recruited an all-star team of writers, and they have delivered on everything from methods of execution and miscarriages of justice to capital clemency and international norms. If you want to think better about the death penalty's past, present, and future, read this magnificent book.' --David T. Johnson, University of Hawaii and co-author of The Next Frontier: National Development, Political Change, and the Death Penalty in AsiaTable of ContentsContents: Preface 1. Introduction: international perspectives on the death penalty Richard C. Dieter Part I Substantive Law 2. Deserving of death: the changing scope of capital offenses in an age of death penalty decline Delphine Lourtau 3. Deciding who lives and who dies: eligibility for capital punishment under national and international law Sandra L. Babcock Part II Procedural Law 4. Extradition and non-refoulement Bharat Malkani 5. An unfair fight for justice: legal representation of persons facing the death penalty Sandra L. Babcock 6. Towards a global theory of capital clemency incidence Daniel Pascoe Part III Administration 7. Imposing a ‘mandatory’ death penalty: a practice out of sync with evolving standards Parvais Jabbar 8. Methods of execution: the American story in comparative perspective Austin Sarat and Keshav Pant 9. Capital punishment at the intersections of discrimination and disadvantage: the plight of foreign nationals Carolyn Hoyle 10. Innocence and the global death penalty Brandon L. Garrett Part IV Institutions 11. International law and the abolition of the death penalty William Schabas 12. The role of institutions in the norm life cycle: the United Nations and the anti–capital punishment norm Sangmin Bae 13. Regional institutions and death penalty abolition: comparative perspectives and their discontents Evi Girling 14. Undoing the British colonial legacy: the judicial reform of the death penalty Saul Lehrfreund Part V The Future of the Death Penalty 15. Reframing the debate on attitudes towards the death penalty Mai Sato 16. Pulling states towards abolitionism: the power of acculturation as a socialization mechanism Michelle Miao 17. Imagining utopia: the global abolition of the death penalty Jon Yorke and Amna Nazir 18. After abolition: the empirical, jurisprudential and strategic legacy of transnational death penalty litigation Andrew Novak 19. Global abolition of capital punishment: contributors, challenges and conundrums Carol S Steiker and Jordan M. Steiker Index

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Book SynopsisThe boundaries between core crimes and transnational crimes are blurring. Should prosecution and trial of transnational crimes be transferred from national to international jurisdictions? Or should criminal law repression in respect of such crimes remain the prerogative of the state? Cutting edge contributions to this book demonstrate that there is no ?one-size-fits-all? answer to these questions.Addressing the distinctions and commonalities of transnational and international crimes, eminent contributors discuss the implications of this relationship in the realm of law enforcement. This book critically reflects on the connection between ?core crimes? of the International Criminal Court including; war crimes, crimes against humanity, genocide, aggression, and several newly emerging transnational crimes. In view of this gradual merger of the categories, one of the major questions is whether the distinction in legal regime is still warranted. Significantly, the human rights consequences of transnational criminal law enforcement are brought to attention in this timely study. Academics and students of law, officials, policy makers and practicing criminal lawyers, will all greatly benefit from the crucial insight into the future of handling transnational crime.Contributors include: I. Bantekas, M. Bo, N. Boister, H. Bosdriesz, I. Braber, N. Bussolati, A. Chehtman, M.L. Ferioli, S. Gless, C. Jalloh, G. Nessi, H. Olasolo, C. Paulussen, H. van der Wilt, D. van Leeuwen, S. WirkenTrade Review'Occupying an important middle ground between international crimes, such as genocide, and so-called ''ordinary'' crimes, like murder and rape, sit the ''transnational crimes'', such as piracy, and cross-border trafficking in persons and prohibited substances. In this splendid book, eminent scholars explore the features and attributes of transnational crimes, their fluid boundaries, and their very raison d'etre within the international legal system.' --William Schabas, Middlesex University London, UKTable of ContentsContents: Foreword Part I Conceptual Framework 1. Legal responses to transnational and international crimes: towards an integrative approach? Harmen van der Wilt 2. Responding to transnational crime: the distinguishing features of transnational criminal law Neil Boister 3. Is international criminal law an appropriate mechanism to deal with organised crime in a global society? Héctor Olásolo Part II Specific Crimes 4. Piracy at the intersection between international and national: regional enforcement of a transnational crime Marta Bo 5. Terrorism as a new generation transnational crime: prosecuting terrorism at the International Criminal Court Inez Braber 6. Terrorism and the conceptual divide between international and transnational criminal law Alejandro Chehtman 7. Cybercrime and its sovereign spaces: an international law perspective Ilias Bantekas 8. Domestic and international legal approaches to the repression of politically-motivated cyber-attacks Nicolò Bussolati 9. Transnational prosecution of grand corruption and its discontent Giulio Nessi 10. Prosecuting money laundering at the ICC: can it stop the funding of international criminal organisations? Dirk van Leeuwen Part III Fair Trial Issues 11. Safeguarding defendants’ rights in transnational and international cooperation Maria Laura Ferioli 12. Ne bis in idem in an international and transnational criminal justice perspective — paving the way for an individual right? Sabine Gless Part IV Regional Case Studies 13. Privatisation and increasing complexity of mass violence in Mexico and Central America: exploring appropriate international responses Sander Wirken and Hanna Bosdriesz 14. The distinction between ‘international’ and ‘transnational’ crimes in the African Criminal Court Charles Chernor Jalloh Index

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Book SynopsisDrawing on the expertise and experience of contributors from a wide range of academic, professional and judicial backgrounds, the Research Handbook on the International Penal System critically analyses the laws, policies and practices that govern detention, punishment and the enforcement of sentences in the international criminal justice context. Comprehensive and innovative, it examines the operation of the international penal system, covering pertinent issues such as non-custodial sanctions, monitoring of conditions of detention, the protection of prisoners under international law and the transfer of prisoners. These aspects are presented in a logical order, linking up with the chronological sequence of the international criminal justice process. Far-reaching, this Handbook also explores broader normative questions related to contemporary human rights law, transitional and restorative justice and victim redress, before exploring contemporary and alternative mechanisms for punishing and overseeing punishment, and possible avenues for development.This up-to-date assessment will provide valuable insights for researchers and students of international criminal law and justice, comparative penal law, penology, prisoners' rights and transitional and restorative justice. Its recommendations for development will also interest international and national officials working in criminal law and justice.Contributors: D. Abels, K. Ambos, O. Bekou, S. D Ascoli, T.A. Doherty, M.A. Drumbl, S.A. Fisher, B. Holá, A. Jones, N. Kiefer, C. McCarthy, L. McGregor, R. Mulgrew, J.C. Nemitz, M.M. Penrose, G. Sluiter, S. Snacken, A. Trotter, H. van der Wilt, J. van Wijk, D. van Zyl Smit, R. YoungTrade Review'A huge gap in the literature is filled with this authoritative volume. The issues at the delivery point of the international justice system, when convicted criminals are punished, receive comprehensive treatment by the world's experts in this field. This work is an indispensable addition to any international criminal law library.' --William A. Schabas, Middlesex University, UK and Leiden University, the NetherlandsTable of ContentsContents: Preface PART I INTERNATIONAL REMAND DETENTION 1. The Legal Position of International Detainees: Applicable Law and Standards Jan Christoph Nemitz 2. Provisional Release from International Remand Detention Andrew Trotter PART II INTERNATIONAL PENALTIES 3. Ius Puniendi and Individual Criminal Responsibility in International Criminal Law Kai Ambos 4. Determinate and Indeterminate Sentences of Imprisonment in International Criminal Justice Dirk Van Zyl Smit 5. Fines and Forfeiture in International Criminal Justice Rebecca Young PART III INTERNATIONAL SENTENCING 6. International Sentencing: Law and Practice Silvia D’Ascoli 7. Judicial Cross-Referencing in the Sentencing Practice of International(ized) Criminal Courts and Tribunals Annika Jones PART IV INTERNATIONAL TRANSFERS 8. The Transfer of the Execution of Sentences of the International Criminal Court in Light of Inter-State Practice Harmen Van Der Wilt 9. Rule 11bis: Exploring the Penal Aspects of Transferring Cases to National Courts by the Ad Hoc Tribunals Olympia Bekou PART V INTERNATIONAL IMPRISONMENT 10. State Cooperation in the Enforcement of Sentences Göran Sluiter 11. Limiting the Objectives of the Enforcement of International Punishment Denis Abels 12. Rehabilitating International Prisoners Barbora Holá and Joris Van Wijk PART VI INTERNATIONAL STANDARDS, OVERSIGHT AND SUPERVISION 13. International Penal Law: Aligned with or Autonomous from International Human Rights Law? Lorna Mcgregor 14. Oversight of International Imprisonment: The Committee for the Prevention of Torture Sonja Snacken and Nik Kiefer 15. Enforcement of Sentences and Oversight of Prisoners Convicted by the Special Court for Sierra Leone Teresa Anne Doherty and Shireen Avis Fisher PART VII ALTERNATIVES TO CUSTODIAL PUNISHMENT 16. International Punishment from ‘Other’ Perspectives Mark A. Drumbl 17. The International Criminal Court’s Regime of Victim Redress: Non-Punitive Responses to Crimes Under the Rome Statute Conor Mccarthy PART VIII DEVELOPING THE INTERNATIONAL PENAL SYSTEM 18. Creating an International Prison Margaret M. Penrose 19. The Costs of Suspicion: A Critical Analysis of the Compensation Scheme Established By Article 85(3) of the Rome Statute Róisín Mulgrew Conclusion Index

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Book SynopsisElgar 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.This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning. discussion and analysis of the interpretive methods used in legal decision-making guidance for the reader through the debates on analogical reasoning and construction of legal principles a defense of intention-based interpretation of legal rules and natural reasoning in law. This Advanced Introduction will be an invaluable resource for students looking for an overview of the subject. It will also be useful for legal practitioners, scholars, and judges. Trade Review'In an eminently lucid book, Alexander and Sherwin argue that legal reasoning is just not special or distinct. Whether or not one agrees with their claim, no one reading their wonderful and engaging book can escape the conclusion that their reasoning, and their book, are quite special. Perhaps their book could have been called ''Advanced Introduction to Reasoning''.' -- Saikrishna Bangalore Prakash, University of Virginia, US'Building on their previous and highly influential work, Alexander and Sherwin go well beyond what they have said before to offer an analysis of legal reasoning that not only introduces the subject, but also makes important cutting-edge academic contributions to our understanding of legal interpretation, rules, precedent, and the very functions of law.' -- Frederick Schauer, University of Virginia, USTable of ContentsContents: Introduction to legal reasoning PART I THE FUNCTION OF LAW 1. Settling moral controversy PART II REASONING FROM CANONICAL TEXTS 2. Interpreting posited rules 3. Infelicities of, and norms constraining, intended meaning 4. Non-intentionalist interpretation PART III COMMON LAW REASONING 5. Natural reasoning and deduction from rules 6. The mystification of common law reasoning 7. Judicial practice 8. All or nothing Bibliography Index

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Book SynopsisElgar 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.This insightful and highly readable Advanced Introduction provides a succinct, yet comprehensive, overview of legal reasoning, covering both reasoning from canonical texts and legal decision-making in the absence of rules. Overall, it argues that there are only two methods by which judges decide legal disputes: deductive reasoning from rules and unconstrained moral, practical, and empirical reasoning. discussion and analysis of the interpretive methods used in legal decision-making guidance for the reader through the debates on analogical reasoning and construction of legal principles a defense of intention-based interpretation of legal rules and natural reasoning in law. This Advanced Introduction will be an invaluable resource for students looking for an overview of the subject. It will also be useful for legal practitioners, scholars, and judges. Trade Review'In an eminently lucid book, Alexander and Sherwin argue that legal reasoning is just not special or distinct. Whether or not one agrees with their claim, no one reading their wonderful and engaging book can escape the conclusion that their reasoning, and their book, are quite special. Perhaps their book could have been called ''Advanced Introduction to Reasoning''.' -- Saikrishna Bangalore Prakash, University of Virginia, US'Building on their previous and highly influential work, Alexander and Sherwin go well beyond what they have said before to offer an analysis of legal reasoning that not only introduces the subject, but also makes important cutting-edge academic contributions to our understanding of legal interpretation, rules, precedent, and the very functions of law.' -- Frederick Schauer, University of Virginia, USTable of ContentsContents: Introduction to legal reasoning PART I THE FUNCTION OF LAW 1. Settling moral controversy PART II REASONING FROM CANONICAL TEXTS 2. Interpreting posited rules 3. Infelicities of, and norms constraining, intended meaning 4. Non-intentionalist interpretation PART III COMMON LAW REASONING 5. Natural reasoning and deduction from rules 6. The mystification of common law reasoning 7. Judicial practice 8. All or nothing Bibliography Index

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Book SynopsisThis insightful book critically explores the political, constitutional, legal, and economic challenges of effectively combating the laundering of the proceeds of crime by politically exposed persons (PEPs) in Africa. Professor John Hatchard draws on numerous recent examples from Africa and beyond, arguing that a three-pronged approach is required to address the issues surrounding money laundering by PEPs; there must be action at the national, transnational, and corporate levels. Taking a forward-thinking perspective, he reviews the strategies which would make this approach effective and offers suggestions for their further enhancement. Professor Hatchard also provides an in-depth analysis of the different money laundering techniques used in African countries and suggests how constitutions, financial intelligence units, asset recovery mechanisms, and the African Court of Justice and Human Rights can be utilised to tackle the problem. The book concludes that while challenges remain, there is cause for optimism that money laundering by African PEPs can be addressed successfully. This book will be of interest to academics and students of law, particularly those focusing on financial law, corruption, and economic crime. Containing a wealth of practical case studies, it will also be beneficial for legal practitioners, policymakers, public officials, and civil society organisations.Trade Review‘The current study by Hatchard comes at a time when several instances of abuse of authority by people in power across all continents have come to light. The book is topical, and contains a wealth of case studies from Africa, covering ?nancial crime, corruption, and AML, to name a few. One is convinced that this book will be of interest to academics and researchers. It is a must-have for policymakers and practitioners alike.’ -- Jae Sundaram, Journal of Contemporary African Studies‘This extensively researched and coherently written piece of scholarship ought to be widely consulted by scholars and practitioners seeking to combat money laundering (ML) in Africa. Hatchard's scholarship deserves a wide readership and consideration by academics and stakeholders in the AML space. The book heralds the dominance of an existing voice, intertwining AML strategies and constitutional law, complex areas of law which the author simplifies.’ -- Nkechikwu Valerie Azinge-Egbiri, African Journal of International Economic Law‘This is a book which will be of enormous value to anti-AML technocrats as well as government policymakers.’ -- Venkat Iyer, The Commonwealth Lawyer‘. . . a must have for African corruption fighters.’ -- Richard Messick, The Global Anticorruption Blog'This timely and welcome book examines both the legislative and institutional mechanisms and strategies necessary to combat the laundering of the proceeds of corruption in Africa. Corruption undermines democracy, good governance, and social cohesion, and distorts the allocation of resources. Combating this scourge is an important ingredient of the development agenda in Africa. This book provides a brilliant diagnosis of critical issues to be addressed by countries and the international community in their efforts to combat money laundering. It brings to the forefront the policy agenda necessary in the fight against money laundering, and is a necessary read for students, scholars, and policymakers engaged in the efforts to combat corruption world-wide.' --Muna Ndulo, Cornell Law School, US'The author's anti-corruption expertise merges with his close personal connection to the African continent to produce a wisdom too rarely seen in dialogues between the global north and south. Indeed, John Hatchard would have us collapse that distinction. He envisions an integrated global approach to money laundering - a problem that not only plagues every region and level of development, but for which nearly every country on the globe can genuinely claim to be both victim and perpetrator.' --Andrew Spalding, University of Richmond, US'John Hatchard is doubtlessly one of the most authoritative writers on corruption and good governance in Africa. This book reflects his long-standing interest on the topic and draws on his wealth of personal experience from many years of work in this field. The book provides an impressive and insightful array of strategies for combating money laundering by PEPs in Africa. I am convinced that this will become a standard reference document and is a must-read for researchers, policymakers, and any persons interested in engaging with this fascinating topic.' --Charles M. Fombad, University of Pretoria, South AfricaTable of ContentsContents: Preface: Hope For The Future? Part I: Setting The Scene 1. Money Laundering Challenges In The African Context: Constitutions, Law, Politics And Economics 2. PEPs And The Money Laundering Process In The African Context Part II: The Global And Africa-Specific Strategies Designed To Combat Money Laudering 3. The International And Africa-Specific AML-Related Instruments 4. PEPs, FATF And The African FATF-Style Regional Bodies Part III: Developing And Maintaining Effective AML Strategies In African States 5. PEPs And The Role Of Financial Intelligence Units (FIUs) And Regulators 6. PEPs And Constitutions As AML Instruments 7. Preventing Money Laundering By PEPs: The Constitutional Role Of The Auditor General 8. PEPs, Constitutions And Investigating Money Laundering 9. Prosecuting PEPs 10. Asset recovery in the African context 11. PEPs and the use and abuse of the constitutional power Part IV: PEPs And Transnational AML Initiatives 12. ‘Know Your Beneficial Owner’: PEPs And Beneficial Ownership Transparency 13. Combating Money Laundering By PEPs: The Private Sector And The ‘Reveal All’ Approach 14. PEPs, Money Laundering And The African Court Of Justice And Human And Peoples’ Rights 15. Hope For The Future: Dealing With PEPs, Towards Enhancing AML Strategies In African Countries Index

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Book Synopsis‘Rough sex’ has been at the forefront of criminal law in recent years following several high-profile murders of women killed during alleged consensual sex ‘gone wrong’, leading to widespread calls for reform to prevent the use of what has been termed the ‘rough sex defence.’ Situated in a global context in which violence against women is one of the leading preventable contributors to death and illness for women aged 18–44 worldwide, this timely collection examines the rough sex defence and responds to some of the wider debates around sex and the law. Drawing on a range of empirical and theoretical standpoints, chapters delve into a range of topics including the female experience of ‘unwanted’ slapping, choking and spitting during sex, the BDSM community, the impacts of pornography, the normalization and sexualization of violence against women, early depictions of BDSM involving the eroticization of non-consensual relations, problematic perceptions of BDSM as inherently violent, and more. Bows and Herring expertly collate a wide-reaching mix of perspectives to contribute to a powerful feminist investigation of this critical issue. It is a compelling read for scholars interested in the intersection of sex, the law, and the criminal justice system.Table of ContentsIntroduction; Hannah Bows and Jonathan Herring Chapter 1. Consensual Aggression and Violence During Sex (‘rough sex’) in the General Population – A Scoping (Literature) Review; Bernard Gallagher, Nadia Wager, Victoria Gall, Barbara Gilroy, Lara Flynn Hudspith, Manisha Singh, Joseph Sykes, and Vicky Whitaker Chapter 2. Coercive Control and Rough Sex; Jonathan Herring Chapter 3. Defining rough sex via mainstream pornography; Samantha Keene Chapter 4. BDSM and the legal imaginary; Alexandra Fanghanel Chapter 5. The Legality of Love-bites; Amanda Spalding Chapter 6. Effectively Recognising and Punishing Sexual Coercion: Proposals for Reform; Susan Leahy Chapter 7. A Critique of the ‘Rough Sex Defence’ in Australian Rape Law; Rachael Burgin and Jonathan Crowe Chapter 8. Understanding women’s experiences of non-consensual violence in sex; Lucy Snow Chapter 9. The rough sex defence in the UK; Fiona Mackenzie Chapter 10. Reacting to Rough Sex: The Unexpected Toll of Section 71 Domestic Abuse Act 2021; Emily Bradley Chapter 11. On Sadism: Placing the Rough Sex Defence Within a History of Sadistic Conceptualisation; Ray Harris

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Book SynopsisIn this timely Research Agenda, Barry Rider has assembled a cast of internationally renowned experts to identify the most pressing questions and issues around financial crime, helping to inform our understanding of how best to protect our economies and financial institutions.The book begins by considering what is meant by the term financial crime, addressing how and to whom it causes harm, the ways in which we might evaluate its incidence and impact, and the increasing relevance of measures designed to disrupt economically motivated criminals. Chapters explore the various factors that have led to the rise of financial crime in recent decades, from advances in technology to the practical issues in effective prevention and interdiction. Bringing together an array of perspectives from experts in law, criminology, and regulation and compliance, the book ultimately advances multiple agendas for future research to enhance our understanding of financial crime and better promote its prevention, containment, and management.This incisive Research Agenda will be an invaluable resource for scholars of law, criminology, management studies, and compliance and risk. Its practical insights will also benefit criminal and regulatory lawyers, as well as legislators and researchers involved in the protection of their economies and financial institutions against financial crime.Trade Review‘Professor Barry Rider, himself a first rate authority on economic crime, has corralled a team of 10 noted academics to produce a timely agenda for research into fraud. His theme of prevention, containment and management provides a convincing response to a neglected but vital sector of criminality which enjoys worryingly exponential growth.’ -- Sir David Green CB QC, Former Director of the Serious Fraud Office‘This is an impressive array of experts with practical experience of the fight against all kinds of financial crime. Their agenda for in-depth research into the surge facing legislators, prosecutors, courts and regulators is thought-provoking. Conclusion: unless Governments resource more research and take more effective measures to prevent and punish financial crime things will only get worse, everywhere and for everyone except the criminals.’ -- Sir John Mummery, former Lord Justice of Appeal and former President of the Investigatory Powers Tribunal‘The nature of financial crime has changed due to automation and globalisation. The Research Agenda needs to change too. This book provides the up-to-date guidance researchers need to use if they’re going to provide the advice society needs to battle economic crime.’ -- Michael Mainelli, Chairman, Z/Yen Group, late Sheriff of the City of London 2019-2021Table of ContentsContents: Foreword xiii Introduction xvii 1 Financial crime as an area of study and research 1 Barry Rider 2 Corporate misconduct’s relevance to society 31 Eugene Soltes 3 Financial crimes – a criminological research perspective 49 Michael Levi 4 Controlling financial crime by utilizing the criminal justice system 69 John Reading SC 5 Challenges in policing financial crime 89 Mary Alice Young and Amber Phillips 6 Financial crime: the regulator’s perspective 105 G Philip Rutledge 7 Financial regulation and fraudulent activity 125 Andrew Haynes 8 Cybercrime and cyber resilience 147 Richard Parlour 9 Research priorities for the international control of economic and financial crime 169 Richard Alexander Index 189

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Book SynopsisElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.This insightful Research Agenda explores the varied manifestations of organised crime, both on the street and through transnational enterprises, and reveals its impact on the integrity of the financial system. Leading academics identify measures which would disrupt and discourage these threats, however sophisticated, and consider avenues for future research. Taking an interdisciplinary approach to the multi-faceted dangers posed by organised crime, the book begins with an overview of the misconceptions surrounding the topic, evaluating the limitations of the traditional justice system in addressing corruption and conspiracy. Progressive chapters illustrate a practical knowledge of addressing such threats, identifying new directions for the study of concepts such as organised crime and power, as well as tackling the ways in which enterprises use money laundering to clean their proceeds. They also point to ways in which the law will need to develop to address the opportunities for cyber-enabled crime facilitated by recent technological developments. An engaging platform for future scholarship, this topical Research Agenda will prove a thought-provoking read for academics and policymakers in the areas of criminal justice law, criminology, corruption, and economic crime.Trade Review‘The 1986 US President’s Commission on Organized Crime concluded that the problem with defining “organized crime” was not with the word crime, but rather with the word organized. In this valuable contribution to the literature on what it is agreed is a multifaceted, understudied topic, a fruitful mix of authors from academic, policy and practitioner backgrounds provide an agenda for better understanding and thus confronting organized crime. This roadmap should stimulate much needed research on a matter of global concern.’ -- James O. Finckenauer, Rutgers University, Newark, USTable of ContentsContents: Foreword xiii Preface xvii 1 Organised crime – what we know and what we think we know! 1 Professor Barry Rider OBE 2 Organised crime and power in the modern world 57 Anna Sergi 3 Organised crime and society 77 William Tupman 4 Organized crime, structures and operations 93 Peter M. German 5 Organised crime and business 113 Kenneth Murray 6 Research issues that could be addressed to better identify and interdict the assets of organised criminals in the UK 135 Jeffrey Bryant 7 Organised crime – offshore and international aspects 155 Dominic Thomas-James 8 Organised crime – the cyber dimension 179 Dionysios Demetis 9 The disruption of crime 197 Shima D Keene Index

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Book SynopsisThis contemporary Research Agenda examines the threats to stability and sustainability presented by economically motivated crime and misconduct. Featuring contributions from distinguished experts in the field of criminal law and justice, this book proposes avenues for future research into the legal frameworks designed to prevent and manage economic crime and corruption. Barry Rider begins by considering the importance of discouraging economically relevant criminals from undermining the efficacy and stability of global economies. Chapters analyse a myriad of topics, including the economic crime-related repercussions of the Covid-19 pandemic, the development of small state financial centres, and the key measures adopted by the Financial Action Task Force (FATF) to combat corruption. The book concludes by examining comparative perspectives in fighting organised crime, featuring case studies involving human trafficking and issues of compliance. A Research Agenda for Economic Crime and Development will be an essential resource for scholars and academics studying criminal law and justice, economic crime and corruption, and law and development. It will also be beneficial to criminal and regulatory lawyers, policymakers, and researchers interested in the prevention of economic crime.Trade Review‘Professor Barry Rider OBE has been the leading academic on economic crime since the early 1980s. His important scholarship on financial fraud, and on cross cutting issues including restitution and tort liability, has shaped the academic field and set the agenda for the cooperation between different government agencies. This book introduces a fresh and important research agenda for economic crime and development, challenging traditional assumptions, and confronting the real damage that economic crime can do to the economies of the world.’ -- Mads Andenas KC, University of Oslo, Norway and University of London, UK‘A Research Agenda for Economic Crime and Development seamlessly weaves together a compendium of insightful, thought-provoking pieces written by established, and emerging, scholars and legal practitioners. Professor Barry Rider and all the contributors should be commended for producing this timely must-read for academics, policymakers and anyone concerned with the much overlooked, yet fundamental, inter-relationship between economic crime and developmental issues.’ -- Shazeeda Ali, University of the West Indies, JamaicaTable of ContentsContents: Foreword xv Preface xix 1 Introduction to A Research Agenda for Economic Crime and Development 1 Barry Rider 2 Stability, security and sustainable development 47 Ingrida Kerusauskaite 3 Economic crime in developing and transition economies 75 Dayanath Jayasuriya 4 Corruption and development 93 Patrick Rappo 5 Anti-money laundering, suspect wealth and development 117 Dominic Thomas-James 6 International interventions and sovereignty 137 Rohan Clarke 7 Governance, integrity and sustainability – joining the dots? 155 Chizu Nakajima 8 FATF measures and the combating of corruption in developing countries 175 Louis de Koker 9 Comparative perspectives in fighting organized crime 205 Antonello Miranda Index

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Book SynopsisThis insightful book critically explores the political, constitutional, legal, and economic challenges of effectively combating the laundering of the proceeds of crime by politically exposed persons (PEPs) in Africa. Professor John Hatchard draws on numerous recent examples from Africa and beyond, arguing that a three-pronged approach is required to address the issues surrounding money laundering by PEPs; there must be action at the national, transnational, and corporate levels. Taking a forward-thinking perspective, he reviews the strategies which would make this approach effective and offers suggestions for their further enhancement. Professor Hatchard also provides an in-depth analysis of the different money laundering techniques used in African countries and suggests how constitutions, financial intelligence units, asset recovery mechanisms, and the African Court of Justice and Human Rights can be utilised to tackle the problem. The book concludes that while challenges remain, there is cause for optimism that money laundering by African PEPs can be addressed successfully. This book will be of interest to academics and students of law, particularly those focusing on financial law, corruption, and economic crime. Containing a wealth of practical case studies, it will also be beneficial for legal practitioners, policymakers, public officials, and civil society organisations.Trade Review‘The current study by Hatchard comes at a time when several instances of abuse of authority by people in power across all continents have come to light. The book is topical, and contains a wealth of case studies from Africa, covering ?nancial crime, corruption, and AML, to name a few. One is convinced that this book will be of interest to academics and researchers. It is a must-have for policymakers and practitioners alike.’ -- Jae Sundaram, Journal of Contemporary African Studies‘This extensively researched and coherently written piece of scholarship ought to be widely consulted by scholars and practitioners seeking to combat money laundering (ML) in Africa. Hatchard's scholarship deserves a wide readership and consideration by academics and stakeholders in the AML space. The book heralds the dominance of an existing voice, intertwining AML strategies and constitutional law, complex areas of law which the author simplifies.’ -- Nkechikwu Valerie Azinge-Egbiri, African Journal of International Economic Law‘This is a book which will be of enormous value to anti-AML technocrats as well as government policymakers.’ -- Venkat Iyer, The Commonwealth Lawyer‘. . . a must have for African corruption fighters.’ -- Richard Messick, The Global Anticorruption Blog'This timely and welcome book examines both the legislative and institutional mechanisms and strategies necessary to combat the laundering of the proceeds of corruption in Africa. Corruption undermines democracy, good governance, and social cohesion, and distorts the allocation of resources. Combating this scourge is an important ingredient of the development agenda in Africa. This book provides a brilliant diagnosis of critical issues to be addressed by countries and the international community in their efforts to combat money laundering. It brings to the forefront the policy agenda necessary in the fight against money laundering, and is a necessary read for students, scholars, and policymakers engaged in the efforts to combat corruption world-wide.' --Muna Ndulo, Cornell Law School, US'The author's anti-corruption expertise merges with his close personal connection to the African continent to produce a wisdom too rarely seen in dialogues between the global north and south. Indeed, John Hatchard would have us collapse that distinction. He envisions an integrated global approach to money laundering - a problem that not only plagues every region and level of development, but for which nearly every country on the globe can genuinely claim to be both victim and perpetrator.' --Andrew Spalding, University of Richmond, US'John Hatchard is doubtlessly one of the most authoritative writers on corruption and good governance in Africa. This book reflects his long-standing interest on the topic and draws on his wealth of personal experience from many years of work in this field. The book provides an impressive and insightful array of strategies for combating money laundering by PEPs in Africa. I am convinced that this will become a standard reference document and is a must-read for researchers, policymakers, and any persons interested in engaging with this fascinating topic.' --Charles M. Fombad, University of Pretoria, South AfricaTable of ContentsContents: Preface: Hope For The Future? Part I: Setting The Scene 1. Money Laundering Challenges In The African Context: Constitutions, Law, Politics And Economics 2. PEPs And The Money Laundering Process In The African Context Part II: The Global And Africa-Specific Strategies Designed To Combat Money Laudering 3. The International And Africa-Specific AML-Related Instruments 4. PEPs, FATF And The African FATF-Style Regional Bodies Part III: Developing And Maintaining Effective AML Strategies In African States 5. PEPs And The Role Of Financial Intelligence Units (FIUs) And Regulators 6. PEPs And Constitutions As AML Instruments 7. Preventing Money Laundering By PEPs: The Constitutional Role Of The Auditor General 8. PEPs, Constitutions And Investigating Money Laundering 9. Prosecuting PEPs 10. Asset recovery in the African context 11. PEPs and the use and abuse of the constitutional power Part IV: PEPs And Transnational AML Initiatives 12. ‘Know Your Beneficial Owner’: PEPs And Beneficial Ownership Transparency 13. Combating Money Laundering By PEPs: The Private Sector And The ‘Reveal All’ Approach 14. PEPs, Money Laundering And The African Court Of Justice And Human And Peoples’ Rights 15. Hope For The Future: Dealing With PEPs, Towards Enhancing AML Strategies In African Countries Index

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Book SynopsisIn this path-breaking book, Richard Zerbe introduces a new way to think about the concept of economic efficiency that is both consistent with its historical derivation and more useful than concepts currently used. He establishes an expanded version of Kaldor-Hicks efficiency as an axiomatic system that performs the following tasks: the new approach obviates certain technical and ethical criticisms that have been made of economic efficiency; it answers critics of efficiency; it allows an expanded range for efficiency analysis; it establishes the conditions under which economists can reasonably say that some state of the world is inefficient. He then applies the new analysis to a number of hard and fascinating cases, including the economics of duelling, cannibalism and rape. He develops a new theory of common law efficiency and indicates the circumstances under which the common law will be inefficient.The book will be of great interest to scholars, students, and practitioners interested in the concept of economic efficiency and how it should be applied to law and economics.Trade Review'Economic Efficiency in Law and Economics is an interesting and worthwhile book.' -- Megan Richardson, Economic Record'Zerbe's new book is high-powered and potentially important.' -- Bill Goodman, Monthly Labor ReviewTable of ContentsContents: 1. History of the Concept of Economic Efficiency 2. The Foundation: A New Measure for Economic Efficiency 3. The Nature of Economic Efficiency 4. The Nature of Inefficiency 5. Rights and the Relationship of Law to Efficiency 6. The Problem of Missing Values in Normative Law and Economic Analysis 7. The Failure of Market Failure 8. Of Distributive Justice and Economic Efficiency: An Integrated Theory of the Common Law 9. The Efficiency of the Common Law: An Economic Analysis of Dueling, Cannibalism, the Gold Rush, Racism, and Antitrust Law 10. A Recapitulation References Index

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Book SynopsisThis paperback reader brings together some seminal papers on law and economics, with special emphasis on the foundational contributions to the economics of property, contracts and torts. The growing influence of these writings in the judicial profession, and in the academic world, underscores the relevance and importance of these early contributions and the growing maturity of the law and economics movement. These seminal papers have provided the foundations for the development of an overarching economic theory of law and, most importantly, have opened new areas of research for present and future generations of jurists and economists alike.The articles are arranged by theme, with topics including the methodological foundations of law and economics, the efficiency of the common law hypothesis, the economics of property law and the Coase theorem, the economics of contracts and the economics of tort law. The editors, themselves distinguished scholars in the field, have written a new introduction to accompany the readings.Table of ContentsContents: Acknowledgements The Economic Foundations of Private Law: An Introduction Richard A. Posner and Francesco Parisi PART I THE METHODOLOGY OF LAW AND ECONOMICS 1. Richard A. Posner (1987), ‘The Law and Economics Movement’ 2. Guido Calabresi (1980), ‘About Law and Economics: A Letter to Ronald Dworkin’ 3. Louis Kaplow and Steven Shavell (1994), ‘Why the Legal System is Less Efficient than the Income Tax in Redistributing Income’ 4. Richard A. Posner (1985), ‘Wealth Maximization Revisited’ PART II THE EFFICIENCY OF THE COMMON LAW HYPOTHESIS 5. William M. Landes (1971), ‘An Economic Analysis of the Courts’ 6. Isaac Ehrlich and Richard A. Posner (1974), ‘An Economic Analysis of Legal Rulemaking’ 7. Paul H. Rubin (1977), ‘Why is the Common Law Efficient?’ 8. George L. Priest (1977), ‘The Common Law Process and the Selection of Efficient Rules’ 9. Robert D. Cooter and Daniel L. Rubinfeld (1989), ‘Economic Analysis of Legal Disputes and Their Resolution’ PART III THE COASE THEOREM AND THE ECONOMICS OF PROPERTY RIGHTS 10. R.H. Coase (1960), ‘The Problem of Social Cost’ 11. Harold Demsetz (1972), ‘When Does the Rule of Liability Matter?’ 12. Harold Demsetz (1967), ‘Toward a Theory of Property Rights’ 13. Guido Calabresi and A. Douglas Melamed (1972), ‘Property Rules, Liability Rules, and Inalienability: One View of the Cathedral’ PART IV THE ECONOMICS OF CONTRACT LAW 14. John H. Barton (1972), ‘The Economic Basis of Damages for Breach of Contract’ 15. Anthony T. Kronman (1978), ‘Mistake, Disclosure, Information, and the Law of Contracts’ 16. Alan Schwartz (1979), ‘The Case for Specific Performance’ 17. Charles J. Goetz and Robert E. Scott (1980), ‘Enforcing Promises: An Examination of the Basis of Contract’ 18. Steven Shavell (1980), ‘Damage Measures for Breach of Contract’ 19. Ian Ayres and Robert Gertner (1989), ‘Filling Gaps in Incomplete Contracts: An Economic Theory of Default Rules’ PART V THE ECONOMICS OF TORT LAW AND LIABILITY SYSTEMS 20. William M. Landes and Richard A. Posner (1981), ‘The Positive Economic Theory of Tort Law’ 21. Steven Shavell (1980), ‘Strict Liability Versus Negligence’ 22. Steven Shavell (1984), ‘Liability for Harm Versus Regulation of Safety’ 23. Robert D. Cooter (1982), ‘Economic Analysis of Punitive Damages’ Name Index

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Book SynopsisAll the major financial centres have experienced a rise in anti-money laundering rules and regulations. Initially, anti-money laundering laws were used as a weapon in the war on drugs, whilst more recently they have been deployed in the ongoing fight against terrorism. These developments, the authors reveal, have had serious consequences for banks and other financial institutions - affecting not only profit margins but also the way in which business is conducted. Topical and pertinent issues addressed in this book include questions such as, has all the recent legislative activity really put a stop to the problem? Are the international rules being implemented as carefully as they should? How level is the playing field in cross border banking?The regimes and implementation of anti-money laundering laws and regulations of four major, cross border, financial centres are also examined in depth: Switzerland, Singapore, the UK, and the USA. Going beyond the purely descriptive, there are comparative analyses of these countries against existing international standards - with illuminating results.This new book is full of original insight and analysis and will be an invaluable resource for lawyers, both scholarly and practitioner based, with an interest in economic crime as well as policymakers and compliance officers within banks and other financial institutions.Trade Review'This analysis is extremely illuminating because it demonstrates a level of diversity that can be generated when implementing at national-level multifaceted, complex, and extensive global requirements. The authors suggest that the latest trend in antimony laundering measures, regulation on the basis of a "risk-based" approach, may serve to promote greater convergence in the future. It is in these insights - along with the detailed approach to subject matter - that the value of this volume lies.' -- Valsamis Mitsilegas, International Criminal Justice ReviewTable of ContentsContents: Foreword Introduction Part I 1. International Standards Against Money Laundering Part II: Country Reports 2. Role of Switzerland, United States of America, United Kingdom and Singapore as Major Financial Centres 3. Country Report: Anti-Money Laundering Laws and Regulations in Singapore 4. Country Report: Combating Money Laundering in Switzerland 5. Country Report: Customer Due Diligence in Switzerland 6. Country Report: Anti-Money Laundering Rules in the United Kingdom 7. Country Report: The US Anti-Money Laundering System Part III 8. Synthesis: Comparing International Standards and their Implementation Index

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Book SynopsisThe pursuit of the financial proceeds of criminal activity has become a central theme of contemporary crime control. Initially conceived to tackle the global trade in illegal drugs, these methods have been more recently employed in the context of terrorism. This work offers a judicious account of the national and international strategies which seek to cope with crime by attacking its financial underpinnings. The book focuses on the increasingly civil legal orientation of these strategies - a sea change from criminal prosecutions to civil legal instruments. The author focuses on developments of the civil strategy in the US and the UK beginning with its historical origins. The work reveals the contradictions that animate the civil approach to criminal finance and discloses the failure of civil devices, as presently constituted, to comply with rights. It bridges the gap between two jurisdictions prominent in this area; the United States and the United Kingdom. This comparative element distinguishes the project from other work in the field that focuses on a single jurisdiction. Critical in its perspective, the work brings balance and reflection to an emergent area of national and international interest.Money Laundering and the Proceeds of Crime analyzes rather than merely describes the proceeds of crime laws, anti-money laundering regimes and the civil legal approach to criminal finance and as such will have a wide readership. The book will appeal to, amongst others, government actors involved in constructing instruments to confront criminal finance, scholars and researchers working in the area and banks, financial institutions, lawyers and other professional private actors charged with anti-money laundering functions.Table of ContentsContents: Preface 1. The Financial Element of Crime 2. Confiscation, Proceeds and the Civil Standard of Proof 3. The Intersection of Civil Proceedings and Crime 4. Forfeiture and Criminal Assets 5. The American Model 6. The Proceeds of Crime Act 2002 7. Criminal Money, Civil Proceedings and European Law 8. Civil Devices and the Financial Element of Crime References Index

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Book SynopsisThis three-volume set is an authoritative selection of some of the most important published papers in law and economics. It provides an extensive overview of recent work for law and economics scholars and an opportunity to explore developments in particular fields for those interested in more specialized study. Volume I presents current theories being applied in property law and intellectual property. Volume II addresses current issues in torts, criminal law, and remedies. Volume III explores a variety of approaches to contract and corporate law. These innovative papers offer ideas for the improvement of current legal policies and identify areas requiring additional study to further enhance our understanding of ways in which economics can inform the development of law.Table of ContentsContents: Volume I – Property and Intellectual Property Acknowledgements Introduction Robert D. Cooter and Francesco Parisi PART I PROPERTY LAW 1. Robert C. Ellickson (1993), ‘Property in Land’ 2. Dean Lueck (1995), ‘The Rule of First Possession and the Design of the Law’ 3. Michael A. Heller (1998), ‘The Tragedy of the Anticommons: Property in the Transition from Marx to Markets’ 4. James M. Buchanan and Yong J. Yoon (2000), ‘Symmetric Tragedies: Commons and Anticommons’ 5. Thomas W. Merrill and Henry E. Smith (2000), ‘Optimal Standardization in the Law of Property: The Numerous Clauses Principle’ 6. Francesco Parisi (2002), ‘Entropy in Property’ 7. Henry Hansmann and Reiner Kraakman (2000), ‘The Essential Role of Organizational Law’ PART II INTELLECTUAL PROPERTY 8. Michael A. Heller and Rebecca S. Eisenberg (1998), ‘Can Patents Deter Innovation? The Anticommons in Biomedical Research’ 9. Hal R. Varian (2000), ‘Buying, Sharing and Renting Information Goods’ 10. Josh Lerner and Jean Tirole (2002), ‘Some Simple Economics of Open Source’ 11. Stephen Tadelis (1999), ‘What’s in a Name? Reputation as a Tradeable Asset’ 12. Robert G. Bone (2004), ‘Enforcement Costs and Trademark Puzzles’ Name Index Volume II – Torts, Crimes and Remedies Acknowledgements An Introduction by the editor to both volumes appears in Volume I PART I TORT LAW 1. Guido Calabresi (2007), ‘Toward a Unified Theory of Torts’ 2. A. Mitchell Polinsky and Steven Shavell (1998), ‘Punitive Damages: An Economic Analysis’ 3. Richard Craswell (1999), ‘Deterrence and Damages: The Multiplier Principle and its Alternatives’ 4. Francesco Parisi and Vincy Fon (2004), ‘Comparative Causation’ 5. Robert D. Cooter and Ariel Porat (2006), ‘Liability Externalities and Mandatory Choices: Should Doctors Pay Less?’ PART II REMEDIES 6. A. Mitchell Polinsky and Yeon-Koo Che (1991), ‘Decoupling Liability: Optimal Incentives for Care and Litigation’ 7. Yeon-Koo Che and Tai-Yeong Chung (1999), ‘Contract Damages and Cooperative Investments’ 8. Ian Ayres and Eric Talley (1995), ‘Solomonic Bargaining: Dividing a Legal Entitlement to Facilitate Coasean Trade’ 9. Louis Kaplow and Steven Shavell (1996), ‘Property Rules versus Liability Rules: An Economic Analysis’ 10. Saul Levmore (1997), ‘Unifying Remedies: Property Rules, Liability Rules, and Starting Rules’ 11. Abraham Bell and Gideon Parchomovsky (2002), ‘Pliability Rules’ PART III CRIMINAL LAW 12. Daniel Kessler and Steven D. Levitt (1999), ‘Using Sentence Enhancements to Distinguish Between Deterrence and Incapacitation’ 13. John J. Donahue III and Steven D. Levitt (2001), ‘The Impact of Legalized Abortion on Crime’ 14. Gary S. Becker, Kevin K. Murphy and Michael Grossman (2004), ‘The Economic Theory of Illegal Goods: The Case of Drugs’ Name Index Volume III – Contracts and Corporations Acknowledgements An Introduction by the editor to both volumes appears in Volume I PART I CONTRACT LAW 1. Oliver Hart and John Moore (1999), ‘Foundations of Incomplete Contracts’ 2. Ian Ayres and Robert Gertner (1992), ‘Strategic Contractual Inefficiency and the Optimal Choice of Legal Rules’ 3. Douglas G. Baird (2006), ‘The Boilerplate Puzzle’ 4. Robert Cooter and Ariel Porat (2002), ‘Anti-Insurance’ 5. Robert E. Scott and George G. Triantis (2004), ‘Embedded Options and the Case Against Compensation in Contract Law’ 6. Richard Craswell (2006), ‘Taking Information Seriously: Misrepresentation and Nondisclosure in Contract Law and Elsewhere’ 7. Avery Weiner Katz (1999), ‘An Economic Analysis of the Guaranty Contract’ 8. Alexander J. Triantis and George G. Triantis (1998), ‘Timing Problems in Contract Breach Decisions’ 9. Oren Bar-Gill and Omri Ben-Shahar (2004), ‘Threatening an ‘Irrational’ Breach of Contract’ PART II CORPORATE LAW 10. Andrei Shleifer and Robert W. Vishny (1997), ‘A Survey of Corporate Governance’ 11. Margaret M. Blair and Lynn A. Stout (1999), ‘A Team Production Theory of Corporate Law’ 12. George G. Triantis (2000), ‘Financial Slack and the Laws of Secured Transactions’ 13. Lucian Ayre Bebchuk, Jesse M. Fried and David I. Walker (2002), ‘Managerial Power and Rent Extraction in the Design of Executive Compensation’ 14. Henry Hansmann and Reiner Kraakman (2001), ‘The End of History for Corporate Law’ 15. Mark J. Roe (2002), ‘Corporate Law’s Limits’ Name Index

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