Jurisprudence and general issues Books
Edward Elgar The Freedom of Movement of Asylum Seekers Within
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£90.25
Edward Elgar Publishing Semiconductors
Book SynopsisThis innovative new work presents a succinct overview of the central issues in the global semiconductor sector. It provides a detailed analysis of the law regulating semiconductors, drawing comparisons between the UK and jurisdictions in Asia, the EU, and the US.
£160.00
Edward Elgar Publishing The Law on Nuclear Weapons
Book SynopsisThis book provides a uniquely clear and comprehensive statement of the law on nuclear weapons. It draws on the insight and input of a group of 15 experts from around the world and in so doing crafts an authoritative text that sets out not only the positions of a number of states but a carefully articulated guide to this complex area of law.
£190.00
Edward Elgar Determining Outer Limits of the Continental Shelf
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£90.25
Edward Elgar Teaching Lawyering Skills An Integrated Approach
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£30.35
Edward Elgar Teaching International Law
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£26.55
Edward Elgar Tax Crimes and Money Laundering
£221.28
£104.50
£109.25
£109.25
Edward Elgar Publishing Morality in the Unitary Patent System
£100.00
Edward Elgar Environmental Tax Reforms for a Just Energy Tran
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£100.00
£109.25
Edward Elgar How to Set up and Run a Law Clinic Principles
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£28.45
Edward Elgar How to Account for Trauma and Emotions in Law
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£28.45
£118.75
Edward Elgar How to Offer Effective Wellbeing Support to Law
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£27.50
Edward Elgar How To Include Employability in the Law School
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£33.20
John Wiley & Sons Inc Success as a Mediator For Dummies
Book SynopsisEverything you need to enter the exciting field of legal mediation To be an effective mediator, it's essential to possess the ability to take control of animated situations, offer advice, and facilitate discussion all the while remaining neutral without formulating biased judgment.Table of ContentsIntroduction 1 Part I: Acquiring the Keys to Mediation Success 7 Chapter 1: Achieving Success as a Mediator 9 Chapter 2: Choosing the Right Niche 21 Chapter 3: Training for Your Chosen Market and Niche 35 Part II: Becoming a Master Mediator 61 Chapter 4: Navigating the Mediation Process 63 Chapter 5: Mediating with and without Lawyers 83 Chapter 6: Exploring Different Mediation Styles 97 Chapter 7: Honing Essential Mediation Skills 115 Chapter 8: Employing Conflict Dynamics to Resolve Any Dispute 135 Part III: Improving Your Success Rate 157 Chapter 9: Establishing and Maintaining Control 159 Chapter 10: Transitioning from Adversarial Negotiation to Collaborative Mediation 173 Chapter 11: Capitalizing on Your People Skills 187 Chapter 12: Problem-Solving Like a Pro 201 Chapter 13: Breaking through Impasse 219 Chapter 14: Closing and Memorializing the Parties' Agreement 245 Part IV: Launching Your Own Mediation Practice 255 Chapter 15: Building Your Business from the Ground Up 257 Chapter 16: Marketing Yourself and Your Business Online and Off 273 Chapter 17: Growing Your Business through Client Retention and Community 289 Part V: The Part of Tens 303 Chapter 18: Ten Practices of the Super Mediator 305 Chapter 19: Ten Major Mediating Mistakes and How to Avoid Them 311 Chapter 20: Ten Tips for Busting Impasse 317 Index 323
£14.39
Wiley-Blackwell The JCT 2011 Building Subcontracts 2e
Book SynopsisThe majority of construction work is carried out by subcontractors. As building projects become more complex, subcontractors need to understand the implications of the agreements they sign. The JCT 2011 Building Subcontracts has been written to help the busy subcontractor deal effectively with the range of JCT 2011 subcontracts they will encounter.Table of ContentsPreface xiii 1 Background and Introduction 1 1.1 The Joint Contracts Tribunal (JCT) 1 1.2 Sub-contracting 1 1.3 The formation of contracts and sub-contracts 2 1.4 Standard forms of contract and sub-contract 6 1.5 The JCT Sub-contracts dealt with within the chapters of this book 7 1.6 The JCT Sub-contracts not dealt with in the chapters of this book 10 2 The Sub-contract Agreement 17 2.1 Introduction 17 2.2 The structure of the sub-contract agreement 19 2.3 The recitals 20 2.4 The articles 22 2.5 The sub-contract particulars 23 2.6 Attestation forms 35 2.7 Schedule of information 37 2.8 Supplementary particulars 38 2.9 Equivalent sub-contract provisions 38 3 Definitions and Interpretations 44 3.1 Introduction 44 3.2 Definitions 44 3.3 Interpretation 45 3.4 Reckoning periods of days 46 3.5 Contracts (Rights of Third Parties) Act 1999 46 3.6 Giving of service of notices and other documents 46 3.7 Effect of the final payment notice (or the default payment notice) 47 3.8 Applicable law 49 3.9 Equivalent sub-contract provisions 49 4 Sub-contractors’ General Obligations 51 4.1 Introduction 51 4.2 General obligations 53 4.3 Sub-contractor’s design 59 4.4 Materials, goods and workmanship 71 4.5 Compliance with main contract and indemnity 75 4.6 Errors, discrepancies and divergences 76 4.7 Equivalent sub-contract provisions 80 5 Time 85 5.1 Introduction 85 5.2 Time and the adjustment to the period for completion 86 5.3 Practical completion and lateness 96 5.4 Equivalent sub-contract provisions 98 6 Defects, Design Documents and Warranties 102 6.1 Introduction 102 6.2 Defects 103 6.3 Sub-contractor’s design documents 107 6.4 Collateral warranties 108 6.5 Equivalent sub-contract provisions 113 7 Control of the Sub-contract Works 114 7.1 Introduction 114 7.2 Assignment and sub-letting 116 7.3 Person-in-charge 118 7.4 Access provided by the sub-contractor 119 7.5 Opening up the works and remedial measures 119 7.6 Attendance and site conduct 123 7.7 Health and safety and CDM 129 7.8 The CDM Regulations (i.e. the Construction (Design and Management) Regulations 2015) 135 7.9 Suspension of the main contract by the contractor 142 7.10 Benefits under the main contract 146 7.11 Certificates/statements or notices under the main contract 146 7.12 Equivalent sub-contract provisions 147 8 Payment 150 8.1 Introduction 150 8.2 The amount due in respect of interim payments 151 8.3 Unfixed materials 152 8.4 The amount due in respect of the final payment 153 8.5 Retention 156 8.6 Payment due dates and final dates for payment for interim payments 159 8.7 Payment Notices and Pay Less Notices for interim payments 160 8.8 The payment due date and the final date for payment for the final payment 162 8.9 Payment Notices and Pay Less Notices in respect of the final payment 162 8.10 VAT (Value Added Tax) 164 8.11 Construction Industry Scheme (CIS) 164 8.12 Interest 164 8.13 Sub-contractor’s right of suspension 165 8.14 Fluctuations 166 8.15 Equivalent sub-contract provisions 167 9 Loss and Expense 171 9.1 Introduction 171 9.2 Can common law damages claims be excluded by the contract? 173 9.3 Are claims for extensions of time and loss and/or expense linked? 173 9.4 What are the grounds/requirements for loss and expense? 174 9.5 What are Relevant Sub-contract Matters? 174 9.6 Can the contractor recover direct loss and/or expense from the sub-contractor? 176 9.7 In pursuing a loss and expense claim, what does a sub-contractor need to prove? 177 9.8 What needs to be proved in a loss and expense claim document? 179 9.9 What is a global claim? 180 9.10 Common heads of a loss and expense claim 182 9.11 Prolongation costs 183 9.12 Disruption claims 186 9.13 Winter working 187 9.14 Head office overheads and profit 187 9.15 Loss of profit 190 9.16 Increased costs 190 9.17 Cost of claim preparation 191 9.18 Interest and finance charges 191 9.19 Acceleration 192 9.20 Common law damages 193 9.21 Equivalent sub-contract provisions 196 10 Variations 197 10.1 Introduction 197 10.2 What is a variation? 198 10.3 How is a variation instructed? 198 10.4 Can a variation vitiate a contract? 199 10.5 Must a sub-contractor comply with all variation directions issued? 200 10.6 Must a sub-contractor comply with all variation directions issued that may injuriously affect the efficacy of the sub-contractor’s design? 200 10.7 What happens if a sub-contractor does not comply with a direction issued? 201 10.8 How should variations be valued? 201 10.9 How should variations that relate to a sub-contractor’s design work be valued? 201 10.10 What is the procedure to be followed in respect of a schedule 2 quotation? 202 10.11 What are the valuation rules? 205 10.12 Equivalent sub-contract provisions 210 11 Injury, Damage and Insurance 214 11.1 Introduction 214 11.2 Sub-contractor’s liability for personal injury or death 215 11.3 The sub-contractor’s liability for injury or damage to property 216 11.4 The sub-contractor’s liability for loss or damage to the sub-contract works 217 11.5 What Specified Perils insurance cover, in respect of loss or damage to works and site materials, does the sub-contractor obtain under the joint names all risks policies? 218 11.6 What is the sub-contractor’s liability for damage to the sub-contract works? 218 11.7 What are the employer’s options where terrorism cover is not available? 220 11.8 Is the contractor responsible for damage caused to the sub-contractor’s plant, etc.? 221 11.9 Is the sub-contractor required to take out professional indemnity insurance? 221 11.10 When and how does the Joint Fire Code apply? 222 11.11 Equivalent sub-contract provisions 223 12 Termination of Sub-contract 226 12.1 Introduction 226 12.2 How can a contract come to an end? 227 12.3 What can cause a sub-contract to be terminated? 228 12.4 What is a breach of contract? 228 12.5 Will any breach of contract enable one to terminate the sub-contract? 228 12.6 What is a repudiatory breach at common law? 229 12.7 Why have termination provisions in the contract if the sub-contract can be terminated at common law? 229 12.8 What is the effect of a sub-contract being terminated at common law? 230 12.9 Are the effects of a sub-contract being terminated under common law or by contractual provisions the same? 230 12.10 Where can the contractual termination provisions be located in the Sub-contract? 231 12.11 Are the party’s common law termination rights preserved under the Sub-contract? 231 12.12 What reasons give the contractor a right to terminate the sub-contractor’s employment under the JCT Sub-contract Conditions? 231 12.13 What is deemed to be default by the sub-contractor under clause 7.4.1 of SBCSub/D/C? 231 12.14 What happens when a sub-contractor commits a specified default noted at clause 7.4.1 of SBCSub/D/C? 232 12.15 Must all notices either by the Contractor or the Sub-contractor referred to under Section 7 ‘Termination’ of the sub-contract conditions be given in accordance with clause 1.7.4? 233 12.16 What does insolvency of the sub-contractor mean? 233 12.17 What happens when the sub-contractor becomes insolvent? 234 12.18 What does corruption entail? 235 12.19 What are the consequences of the contractor terminating the sub-contractor’s employment? 235 12.20 What reasons give the sub-contractor the right to terminate his or her employment under the JCT subcontract conditions? 237 12.21 What is deemed to be default by the contractor under clause 7.8.1 of SBCSub/D/C? 237 12.22 What happens when a contractor commits a specified default noted under clause 7.8.1 of SBCSub/D/C? 238 12.23 What does insolvency of the contractor mean? 239 12.24 What happens when the contractor becomes insolvent? 239 12.25 What are the consequences of the sub-contractor terminating his or her own employment? 240 12.26 If a sub-contractor’s employment is terminated for any reason, can it subsequently be reinstated? 242 12.27 Equivalent sub-contract provisions 242 13 Settlement of Disputes 245 13.1 Introduction 245 13.2 Mediation 245 13.3 Adjudication 247 13.4 Arbitration 253 13.5 Litigation 260 13.6 Equivalent Sub]contract provisions 263 Table of Cases 265 Table of Statutes and Regulations 269 Index 271
£58.85
John Wiley and Sons Ltd Communication in Investigative and Legal Contexts
Book SynopsisCommunication in Investigative and Legal Contexts Despite a number of research studies, there remain significant differences of opinion among psychologists, linguists and other practitioners on how best to describe particular types of questions and communicate most effectively in forensic contexts. Communication in Investigative and Legal Contexts brings clarity to the subject by providing readers with in-depth coverage of the complex area of communication in forensic settings, for example during investigative interviewing of victims, witnesses and suspects/high-interest groups, during discourse in courtrooms, and via legal intermediaries and interpreters. Drawing on knowledge from forensic psychology, linguistics and law enforcement worldwide, the text is unique in bridging the gap between these fields in a definitive guide to best practice, with chapters written by teams bringing together expertise and specialties from each field. Part of the Wiley Series iTable of ContentsNotes on Editors ix Notes on Contributors xi Series Preface xxiii 1 Communication in Investigative and Legal Settings: Introduction and Contexts 1Gavin Oxburgh, Trond Myklebust, Tim Grant and Rebecca Milne SECTION I: Communication, Language and Memory 15 2 Exploring Types and Functions of Questions in Police Interviews 17Tim Grant, Jennifer Taylor, Gavin Oxburgh and Trond Myklebust 3 Recall, Verbatim Memory and Remembered Narratives 39James Ost, Alan Scoboria, Tim Grant and Gary Pankhurst SECTION II: Communicating with Victims and Witnesses 55 4 Interviewing Child Witnesses 57David La Rooy, Georgina Heydon, Julia Korkman and Trond Myklebust 5 Interviewing Adult Witnesses and Victims 79Coral J. Dando, R. Edward Geiselman, Nicci MacLeod and Andy Griffiths 6 The Role of Initial Witness Accounts within the Investigative Process 107Fiona Gabbert, Lorraine Hope, Elisabeth Carter, Roel Boon and Ronald Fisher SECTION III: Communicating with Suspects 133 7 Interviewing Suspected Offenders 135Gavin Oxburgh, Ivar Fahsing, Kate Haworth and J. Pete Blair 8 A (Nearly) 360° Perspective of the Interrogation Process: Communicating with High]Value Targets 159Fadia M. Narchet, Melissa B. Russano, Steven M. Kleinman and Christian A. Meissner SECTION IV: Communicating in the Courtroom 179 9 Courtroom Questioning and Discourse 181Emily Henderson, Christopher Heffer and Mark Kebbell 10 Expert Witness Communication 209Lorna Fadden and Lawrence M. Solan SECTION v: Specific Communicative Tasks 229 11 Hostage and Crisis Negotiation, Perspectives on an Interactive Process 231Ole Andre Braten, Michel St]Yves, Terry D. Royce and Marty Laforest 12 Verbal Lie Detection 259Aldert Vrij, Paul Taylor and Isabel Picornell 13 Vulnerable Individuals, Intermediaries and Justice 287Brendan M. O’Mahony, Ruth Marchant and Lorna Fadden 14 The Interpreter]Mediated Police Interview 315Yvonne Fowler, Martin Vaughan and Jacqueline Wheatcroft SECTION vi: Conclusions and Future 335 15 Improving Communicative Practice: Beyond the Cognitive Interview for Adult Eyewitnesses 337Nina J. Westera and Martine Powell 16 Communication in Forensic Contexts: Future Directions and Conclusions 359Trond Myklebust, Gavin Oxburgh, Tim Grant and Rebecca Milne Index 367
£80.96
John Wiley and Sons Ltd The Encyclopedia of Research Methods in
Book SynopsisThe Encyclopedia of RESEARCH METHODS IN CRIMINOLOGY & CRIMINAL JUSTICE The most comprehensive reference work on research designs and methods in criminology and criminal justice This Encyclopedia of Research Methods in Criminology and Criminal Justice offers a comprehensive survey of research methodologies and statistical techniques that are popular in criminology and criminal justice systems across the globe. With contributions from leading scholars and practitioners in the field, it offers a clear insight into the techniques that are currently in use to answer the pressing questions in criminology and criminal justice. The Encyclopedia contains essential information from a diverse pool of authors about research designs grounded in both qualitative and quantitative approaches. It includes information on popular datasets and leading resources of government statistics. In addition, the contributors cover a wide range of topics such as: the most current reseaTable of ContentsVolume I About the Editors [to come from Barnes] List of Contributors [Production to compile] Preface [to come from Barnes] Introduction [to come from Miller Part 1: Crime Measurement British Social Attitudes The Cambridge Study in Delinquent Development: New Findings The Campbell Collaboration Construct Validity Crime Mapping/Geospatial information systems CrimeStat IV The Dunedin Multidisciplinary Health and Development Study: Methods of a 40+ Year Longitudinal Study FBI Supplementary Homicide Reports Forensic Science General Social Survey (Canada) - Crime Victimization The General Social Surveys Geographies of Crime Levels of Measurement in Criminology and Criminal Justice Life history calendar method Measurement Reliability Measurement Validity National Centre for Crime and Justice Statistics, Australia National Incident-Based Reporting System (NIBRS) National Longitudinal Study of Adolescent to Adult Health (Add Health) in Criminology National Longitudinal Survey of Youth 1997 Online Survey Research The Pathways to Desistence Study: A Longitudinal Examination of Serious Offenders The Project in Human Development in Chicago Neighborhoods Rochester Youth Development Study and Rochester Intergenerational Study Space-Time Budget methodology: facilitating social ecology of crime in the Peterborough Adolescent and Young Adult Development Study The Study of Crime Rates Uniform Crime Reports Victim Surveys Violence and the Personal Safety Survey Australia World Health Organization Multi-Country Study on Women’s Health and Domestic Violence Against Women Part 2: Theory The Chicago School’s Contribution to Criminological Theory and Methods Critical Criminological Methods Deconstruction in Criminology Ethics and Criminology and Criminal Justice: from conceptualising to conduct Grounded Theory Inductive Reasoning Postmodern Methodologies in Criminology and Criminal Justice Reflexivity Situational and spatio-temporal characteristics of crime Social Ecology Part 3: Research Design Anonymity and Confidentiality Cohort Studies in Criminology Conflict of Interest Fixed- and Mixed-Effects Quantitative Analysis Hawthorne Effect History of the Hawthorne Effect Human Subjects Implementation Evaluation Informed Consent Institutional Review Board (IRB) Kansas City Preventive Patrol Experiment Longitudinal Analysis in Criminology and Criminal Justice Objectivity The Opt-In Internet Survey Outcome Evaluation Performance Measures in Criminal Justice Programming The Philadelphia Foot Patrol Experiment Program Evaluation Program Fidelity Quasi-Experimental Research Design Questionnaires Randomized Controlled Trial Rapport Replication Risk Assessment Research: An Examination of Nomenclature, Research Questions, and Analytic Strategies Spuriousness (Confounding) Statistical Power, P-values, and the Positive Predictive Value Time Series Designs Twin Studies Type I and Type II Errors Vignettes Part 4: Qualitative Methods Biography in criminology (source and product) Comparative and Historical Analysis Confirmation Bias Content Analysis Covert participant observation Discourse analysis Document Analysis Drug Ethnography Edge Ethnography Interviewing, conversational Interviewing, focus group Interviewing, in-depth Interviewing, photo elicitation Photovoice Qualitative Meta-synthesis Qualitative Software Packages Queer Methods in Criminology: Three Key Questions Index Volume II About the Editors [to come from Barnes] List of Contributors [Production to compile] Preface [to come from Barnes] Introduction [to come from Miller] Part 5: Quantitative Methods Bootstrapping Causality Conjunctive Analysis of Case Configurations Cost-Benefit Analysis in Criminology and Criminal Justice The Costs of Crime Crime Prediction/Forecasting Crime Statistics and the Media Cross-sectional Data Data Management Ecological Fallacy Experimental designs (randomized experiments) External Validity Internal Validity Mediation Meta-Analysis Missing Data in Criminology and Criminal Justice OLS (Linear) Regression Path Analysis Secondary Data Analysis Part 6: Research Topics Biosocial Research Methods Capital Punishment Research Challenges of Victimization Research in Criminology and Criminal Justice Conflict & radical criminology Courts Research Crime science Criminal Career Research: An Overview of Past and Current Research Methods Cross-national Research Deterrence Research Developmental & Life-Course Research Domestic Violence Research Environmental Crimes Ethnography and Grounded Theory: Tales from Prison and Parole Settings Evidence-Based Practice Experimental Evaluation of Rap Music Attitudes Gender & Crime Research Genocide Research: Social and Economic Aspects Guns and Crime Research Homicide Research Human Trafficking Research Immigration Research International Terrorism Research Neurocriminology: Brain-based perspectives on antisocial behavior Police legitimacy Predictive Policing Property Crimes Qualitative Approaches to Research in Prisons and Parole Recidivism Research Research on Desistance Researching ‘active’ offenders Sex offending Somatotyping Victimization and Victimology Victims of Sex Crimes Research Violent Offending The Yale White-Collar Crime Project: A Foundation of Modern White-Collar Crime Research Part 7: Organizations Australian Bureau of Statistics The Australian Criminal Intelligence Commission Australian Institute of Criminology: Public sector criminological research Bureau of Justice Assistance Bureau of Justice Statistics Canadian Centre for Justice Statistics Criminal Victimisation in Australia – National Data National Consortium on Violence Research (NCOVR) The National Crime Victimization Survey The National Institute of Justice (NIJ) National Security Office of Juvenile Justice and Delinquency Prevention (OJJDP) The Prison Rape Elimination Act of 2003 Part 8: Statistical Methods/Programs Bayes Statistical Analysis Confirmatory Factor Analysis Factor Analysis and Structural Equation Modeling GeoDa (spatial statistical program) Group-based trajectory modeling Instrumental Variables Analysis Logistic Regression Modifiable areal unit problem Mplus Propensity Score Matching R (statistical software) Regression Discontinuity in Criminal Justice Research Risk Terrain Modeling (RTM) STATA: Software for Statistics and Data Software Statistical significance (P values) Structural equation modeling Survival Analysis (Regression) Virtual Reality as a Research Method in Criminology Index
£287.96
John Wiley and Sons Ltd Diasporas in Dialogue
Book SynopsisDiasporas in Dialogue is an indispensable guide for those leading or participating in dialogue processes, especially in ethnically diverse communities. The text offers both a theoretical and practical framework for dialogue, providing insight into the needs, assets and challenges of working in this capacity. The first book to offer structured processes for dialogue with refugee communities - demonstrates how diaspora communities can be engaged in dialogue that heals, reconciles and builds peace Relates the story of the Portland Diaspora Dialogue Project, a remarkable collaboration between university researchers and African community activists committed to helping newly arrived refugees Written accessibly to provide practitioners, academics, and community members with a simple and cogent account of how, step by step, the process of healing communities and re-building can begin Published at a critical time in the face of the worldwide rTrade ReviewFeeling overwhelmed by the scale and complexity of global problems, such as war, genocide and the growing tide of refugees? Do not give up hope. Here is a simple and accessible account of how, step by step, the process of healing communities and re-building a better world can begin. When refugees reach a new home it is not the end of their journey. They bring with them not only gratitude for refuge, but also the wounds of war and old enmities. This book shows how diaspora communities can be engaged in dialogue that heals, reconciles and builds peace. - Di Bretherton, Adjunct Professsor, The University of Queensland The multiple authors of this book modestly call it a “manual.” It is indeed a manual – guiding readers in a series of detailed, well-organized and accessible chapters through the logic and methodology of intercommunal dialogue. But it is much more than this. It tells the story of the Diaspora Dialogue Project between 2007 and 2012, based in Portland and a remarkable collaboration between university researchers and students and African community activists committed to helping recently arrived refugees, mainly from the Great Lakes region of Africa, in their resettlement. These are refugees fleeing mass violence and genocide, and not surprisingly they bring with them the identity-based, national and tribal, enmities that were the cause of their plight. Victims and perpetrators, sometime both at once, they now find themselves in a strange land as refugees sharing the same space and most of the same challenges of their new lives. The Dialogue aimed to bring these individuals, bearing their scars and wounds and traumas, together to build trust despite the violence of their shared history. Readers will learn about dialogue structure and process but, more than manual, also about the theories – of culture, identity, transitions, and power – that underlie any dialogue of this sort that hopes to succeed. - Kevin Avruch, Dean, Henry Hart Rice Professor of Conflict Resolution, Professor of Anthropology, School for Conflict Analysis and Resolution, George Mason University As a former refugee from a traumatized war torn country of Somalia, I can deeply identify myself with the three stages (ending, transition and beginning) through which new arrivals undergo during their settlement in their new countries.This book offers very creative and insightful models of dialogue, reconciliation and social healing for African Diaposra from conflict zones and it can also be applied to other migrants from similar experience. - Dr. Yusuf Sheikh Omar, Global Advisor for Global Reconciliation, Australia Dr. Tint and the entire DDP team deliver an indispensable guide for those seeking to lead or participate effectively in dialogue processes, especially in ethnically diverse communities. This text comes at a critical time, as the need for deeper and persistent dialogue efforts are required to manage the challenges posed by mass displacement, refugee movements and immigration". - Dr. Susan S. Raines, Editor, Conflict Resolution Quarterly, Professor of Conflict Management, Kennesaw State University Diasporas in Dialogue is a comprehensive guide for helping new arrivals, and those who receive them, find ways to build resilience and thriving relations. It offers helpful frameworks and practical tools that will be useful in many newcomer-receiving contexts. I recommend it with enthusiasm. - Michelle LeBaron B.A. J.D. M.A., Professor and Dispute Resolution Scholar Allard School of Law, the University of British Columbia I congratulate and applaud the work of Dr. Tint and the DDP team. For close to 40 years, I have had the good fortune of working closely with refugee newcomers in their struggles to rebuild their lives here in America. The book offers many valuable tools for dialogue, insights and perspectives for newcomers in their journeys of peace and reconciliation. I recommend this book highly to anyone involved with refugee resettlement processes. - Salah Ansary, Regional Director, Refugee Resettlement Services, Lutheran Community Services Northwest This useful combination of theory and practice offers a valuable resource at a time when the movement of people is at a peak across the globe, and people are facing increasing divides in their own and others' societies. The authors’ willingness to share their insight and experience gives us the opportunity to learn more and to apply their very practical wisdom in our own contexts as we work to build peace amongst individuals, families, communities and societies. - Jonathan Dudding, Institute of Cultural Affairs, UK Life is a challenge as well as a lesson always, but it is beautiful to see the bonding of different cultures, values, and norms for a peaceful cohabitation. The work in this book is a great contribution to building a peaceful global village. - Higiro Issa, President, Rwanda Centre for Council, Kigali, RwandaTable of ContentsAbout the Authors vii About the Partners xi Foreword by Paula Green xiii Foreword by Mette Brogden xvi Preface xviii Acknowledgments xxii 01 Diaspora Stories: Endings 1Marie Abijuru and Rukia Mohammed 02 Diaspora Populations 6Barbara Tint, Caroline Sarkis, Sa’eed Mohamed Haji, Vincent Chirimwami, and Carmina Rinker Lass 03 The Transition Framework 23Diana Bianco, Barbara Tint, and Roland Clarke 04 Recruitment 40Daniel Amine, Barbara Tint, and Mindy Johnston 05 Cultural Considerations 48Caroline Sarkis, Barbara Tint, Gloria Ngezaho, Roland Clarke, and Mindy Johnston 06 Dialogue 62Barbara Tint, Julie Koehler, Mary Lind, Vincent Chirimwami, Roland Clarke, and Mindy Johnston 07 Evaluation 131Mary Lind and Barbara Tint 08 Implications for Policy 169Roland Clarke and Djimet Dogo 09 Diaspora Stories: New Beginnings 172Rukia Mohammed and Marie Abijuru 10 Closing Reflections 176Djimet Dogo and Barbara Tint Bibliography 184 Index 194
£40.80
John Wiley & Sons Inc The Forensic Analysis Comparison and Evaluation
Book SynopsisTHE FORENSIC ANALYSIS, COMPARISON AND EVALUATION OF FRICTION RIDGE SKIN IMPRESSIONS An accessible, highly practical introduction to the ACE framework fingerprint examiners use to analyse, compare and evaluate friction ridge skin impressions. When friction ridge skin (the skin on the undersides of the hands and feet) contacts a surface an impression of it may be left behind. Impressions that are left inadvertently, for example at a scene where a crime is alleged to have been committed are known as marks'. Impressions taken intentionally from a person, for example as a result of their arrest are known as prints'. The Forensic Analysis, Comparison and Evaluation of Friction Ridge Skin Impressions offers step-by-step instruction to examiners tasked with identifying people by the marks they leave behind. Assuming no previous knowledge of the subject, this easy-to-use guide breaks down the ACE (Analysis, Comparison and Evaluation) framework into 10 key questions that provide clear guidanTable of ContentsAcknowledgements xi Introduction 1 References 2 Part I Analysis Stage 5 1 Does the Mark Have Evidential Value? 7 1.1 Continuity and Integrity 7 1.2 The Most Evidentially Valuable Mark 11 References 12 2 Does the Mark Require Enhancement? 13 3 What Details Does the Mark Reveal? 15 3.1 Persistence and Uniqueness 15 3.2 Documentation 16 3.3 Complex Marks 17 3.4 First-Level Detail 21 3.5 Second-Level Detail 34 3.6 Third-Level Detail 44 3.7 Creases, Subsidiary Ridges and Scars 50 3.8 Abnormalities 60 References 61 4 Are the Details in the Mark Likely to Appear Similarly in a Print Made by the Same Area of Skin? 67 4.1 Downward Pressure 68 4.2 Movement 71 4.3 Superimposition 76 4.4 Colour Reversal 79 4.5 Direction Reversal 83 4.6 The Surface the Mark Was On 87 4.7 The Material the Mark Was Made In 91 4.8 The Media Used to Develop the Mark 92 4.9 Changes to the Skin 93 References 95 5 Is the Mark Suitable? 99 References 105 6 What Is the Most Likely Orientation of the Mark? 107 6.1 Shape and Ridge Flow 107 6.2 Pattern Family 108 6.3 Distal Flexion Crease 108 6.4 Other Marks 109 6.5 The Surface the Mark Was Found on 109 6.6 Summary 109 Reference 110 7 Which Area of Skin Is Most Likely to Have Made the Mark? 111 7.1 The Surface the Mark Was Found On 111 7.2 Other Marks 112 7.3 Lone Marks 119 7.4 The Part of the Digit That Made the Mark 122 7.5 The Pattern 124 7.6 Summary of Digit Determination 133 7.7 Palm Marks 134 7.8 Medial and Proximal Phalange Marks 150 7.9 Plantar Marks 152 7.10 Toe Marks 158 References 160 8 What Details Does the Print Reveal, and Are They Likely to Be a Reliable Record of the Details on the Skin of the Donor? 163 8.1 Sets of Fingerprints 163 8.2 The Details in the Print 166 8.3 The Reliability of the Details 168 References 171 Part II Comparison 173 9 Are the Details in the Mark in Agreement or Disagreement with Those in the Print? 175 9.1 First-Level Detail 176 9.2 Second-Level Detail 177 9.3 Third-Level Detail 180 9.4 Creases, Subsidiary Ridges and Scars 181 References 183 Part III Evaluation 185 10 Which Conclusion Is Supported by the Observations in the Analysis and Comparison? 187 10.1 Exclusion 190 10.2 Identification 196 10.3 Inconclusive 207 References 210 Appendices 215 Appendix 1 Fabrication, Transplantation and Forgery 215 A.1 Fabrication 215 A.2 Transplantation 219 A.3 Forgery 222 References 227 Appendix 2 Verification 229 A2.1 Open Verification 229 A2.2 Blind Verification 231 A2.3 The Use of Verification 232 A2.4 Technical Review 232 References 233 Appendix 3 Bias 235 A3.1 Contextual Information 235 A3.2 Experience 237 A3.3 Motivation 237 A3.4 How Bias Can Affect Decision Making 238 A3.5 Minimising the Effects of Bias 239 References 240 Appendix 4 Activity Level Propositions 243 A4.1 How Long Has the Mark Been on the Surface? 244 A4.2 What Were the Circumstances at the Time the Mark Was Made? 260 A4.3 Blood Marks 264 References 267 Appendix 5 Errors 273 A5.1 Clerical Errors 273 A5.2 Technical Errors 273 A5.3 Error Rates 284 References 300 Index 303
£81.00
John Wiley and Sons Ltd Violence
Book SynopsisA comprehensive overview of the integrative study of violence Violence continues to be one of the most urgent global public health problems that contemporary society faces. Suicides and homicides are increasing at an alarming rate, particularly in younger age groups and lower-income countries. Historically, the study of violence has been fragmented across disparate fields of study with little cross-disciplinary collaboration, thus creating a roadblock to decoding the underlying processes that give rise to violence and hindering efforts in research and prevention. Violence: An Interdisciplinary Approach to Causes, Consequences, and Cures assembles and organizes current information into one comprehensive volume, introducing students to the multiple sectors, disciplines, and practices that collectively comprise the study of violence. This innovative textbook presents a unified perspective that integrates the sociological, biological, politico-economic, strucTable of ContentsPreface xiii Overview Part I General Framework 1 1 Introduction 3 A Brief Introduction 3 Defining Violence 4 Redefining Violence 5 Examples of Violence 6 The Iliad 6 The Khmer Rouge 7 A Case of Child Neglect 7 Suicide by Gun 8 Connecting the Dots 8 A New Field 10 A New Awareness 12 Structure of the Text 15 What to Expect 17 Conclusion 18 References 19 Causes Part II Intra-/Interpersonal Framework 23 2 The Biology of Violence 25 Introduction 25 The Tempting Idea 26 Case Vignettes 28 The Case of Phineas Gage 28 Familial Depression 29 Traumatic Brain Injury and Posttraumatic Stress 30 Postpartum Depression and Psychosis 31 Aggression versus Violence 31 Mental Illness and Violence 32 The Neuroplastic Brain 34 Environment and Epigenetics 35 The Interconnected Whole 36 Conclusion 38 References 39 3 The Psychology of Violence 45 Introduction 45 One Among Many 47 Case Vignettes 48 Clinical Depression 48 Antisocial Personality 49 Extreme Narcissism 50 Heat of Passion 51 The Mind as Iceberg 52 Some Defense Mechanisms 53 The Mind as Paradox 54 A Developmental Matter 56 Positive Psychology 57 Conclusion 58 References 60 4 The Symbolism (or Spiritual Causes) of Violence 64 Introduction 64 Violence and Meaning 65 Case Vignettes 66 Mythological Violence 66 Cycle of Revenge 67 Cult Violence 68 Mob Violence 69 A Longing for Life 70 A Forbidden Concept 71 Violence in Religion and Art 73 Meaning and Moral Development 74 Compassion and Creativity 76 Conclusion 77 References 78 Causes (Continued) Part III Social and Societal Framework 83 5 The Sociology and Anthropology of Violence 85 Introduction 85 Evolution of Sociology 86 Evolution of Anthropology 87 Case Vignettes 88 A Cult of End Times 88 Social Exclusion 90 Social Negation 90 Warring Peoples 91 Domestic Terrorism 92 Sociological Theories 93 Anthropological Perspectives 95 Need for Belonging 97 Conclusion 98 References 99 6 The Political Science and Economics of Violence 104 Introduction 104 Evolution of the Two Disciplines 105 Case Vignettes 106 A Separatist Movement 106 Apartheid 108 Social Engineering 109 Rape as a Weapon of War 110 Military Dictatorship 110 Macro‐Scale Political Science Theories 111 Micro‐Scale Political Science Theories 113 Microeconomic Perspectives 114 Macroeconomic Perspectives 115 Concepts of Power 116 Conclusion 118 References 119 7 Structural Violence 123 Introduction 123 Origins of the Concept 124 Case Vignettes 127 A Prison Inmate’s Predicament 127 A Poor Child’s Martyrdom 127 A Lead Into Collective Violence 128 A Lead Into Self‐Directed Violence 129 Healthcare, Nutrition, and Liberty Disparities 130 Gender, Racial, and Voting Rights Disparities 132 Expansion of the Concept 133 The Most Potent Stimulant 135 Conclusion 136 References 138 8 Environmental (and Nuclear) Violence 143 Introduction 143 Clarifying Misconceptions 144 Furthering the Concept 145 Case Vignettes 147 Violence Over Diminishing Resources 147 Premature Deaths due to Lack of Water 147 Migrations Due to Climate Change 148 Nuclear Devastation 149 Political Economy and Scarcity 150 Resource Curse and Violent Dispossession 151 Secondary Violence from the Environment 152 The Perils of Nuclear War 153 Conclusion 155 References 156 Consequences Part IV Life Cycle Framework 161 9 Consequences of Violence 163 Introduction 163 Case Vignettes 164 Child Abuse and Neglect 164 Veteran Partner Violence 166 Financial and Physical Elder Abuse 167 Medical Consequences of Rape 168 Wartime Collective Sexual Violence 169 Self‐Directed Violence 170 Youth, Intimate Partner, and Sexual Violence 171 Child Maltreatment and Elder Abuse 173 Collective Violence 174 Consequences of Trauma 175 Conclusion 176 References 177 Cures Part V Intervention Framework 183 10 Criminal Justice Approaches 185 Introduction 185 Historical Overview 186 Restoration versus Retribution 188 Discrimination and Legitimacy 191 Reform versus Abolition 192 Case Studies 194 Scandinavian Prisons 194 Prison Meditation 195 Prison Animal Therapy 195 Youth Violence Prevention 196 Prison Violence Prevention Programming 196 Conclusion 197 References 199 11 International Law Approaches 204 Introduction 204 Historical Background 205 International Legal Structures 206 Challenges and Successes 208 Abuses and the Difficulty of Enforcement 209 Changing Landscapes 211 Case Studies 214 A and Others v. the UK (2004) 214 Bosnia and Herzegovina v. Serbia and Montenegro (2007) 215 Andriciuc and Others v. Banca Romanească SA (2017) 215 F v. Bevandorlasi es Allampolgarsagi Hivatal (2018) 216 Quinteros v. Uruguay (1983) 216 Conclusion 217 References 218 Cures (Continued) Part VI Prevention Framework 225 12 Public Health Approaches 227 Introduction 227 History 228 The Ecological Framework 230 A Typology of Violence 231 The Public Health Method 232 Violence Prevention 232 Multisectoral Collaboration 234 Challenges and Possibilities 236 Case Studies 238 A Prenatal Care Program 238 Family Violence Prevention 239 School‐Based Violence Prevention 240 Bullying Prevention 240 Firearm Restriction Policies 241 Conclusion 242 References 243 13 Global Medicine Approaches 248 Introduction 248 Historical Background 249 Human‐Centered Healthcare 251 A CARE Model 253 A Creative Model 256 Local and Global 258 Case Studies 259 Medecins Sans Frontieres (Doctors Without Borders) 259 Cure Violence 260 Mercy Corps 261 One Acre Fund 261 The Library Project 262 Conclusion 262 References 263 14 Nonviolence Approaches 268 Introduction 268 Historical Basis 269 More Recent Examples 270 Criticisms 272 Basic Tenets 273 Applications 274 Case Studies 276 A Beacon of Hope Amid Racial Discrimination 276 Fighting the Good Fight 277 The Father of a Nation 278 Lessons From a War Zone 279 The Monk With a Cause 280 Conclusion 281 References 283 Conclusion Part VII Overview and Analysis 287 15 Synthesis and Integration 289 Introduction 289 The Endgame of Violence 290 The Threat of Nuclear War 293 The Threat of Climate Catastrophe 295 The Threat of Escalating Inequality 296 The Fruits of Integration 298 The Power of Unity 299 Conclusion 302 References 303 Index 308
£73.76
John Wiley and Sons Ltd The Wiley Handbook of What Works in Violence Risk
Book SynopsisA comprehensive guide to the theory, research and practice of violence risk management The Wiley Handbook of What Works in Violence Risk Management: Theory, Research and Practice offers a comprehensive guide to the theory, research and practice of violence risk management. With contributions from a panel of noted international experts, the book explores the most recent advances to the theoretical understanding, assessment and management of violent behavior. Designed to be an accessible resource, the highly readable chapters address common issues associated with violent behavior such as alcohol misuse and the less common issues for example offenders with intellectual disabilities. Written for both those new to the field and professionals with years of experience, the book offers a wide-ranging review of who commit acts of violence, their prevalence in society and the most recent explanations for their behavior. The contributors explore various assesTable of ContentsAbout the Editors xi About the Contributors xiii Foreword xxvii Acknowledgements xxix Part I Introduction 1 1 An Overview of Violent Behaviour from Aggression to Homicide: Theory, Research, and Practice 3J. Stephen Wormith, Leam A. Craig, and Todd E. Hogue 2 What Do We Know About Violent Offending Behaviour? 33Daryl G. Kroner and Gunnar C. Butler 3 What Works with Violent Offenders: A Response to ‘Nothing Works’ 53James McGuire Part II What Works in Violence Risk Assessment 79 4 From Predicting Dangerousness to Assessing and Managing Risk for Violence: A Journey Across Four Generations 81James R.P. Ogloff and Michael R. Davis 5 Violence Risk Formation: The Move Towards Collaboratively Produced, Strengths‐Based Safety Planning 99Lawrence Jones 6 Predicting Violent Reoffending with the VRAG‐R: Overview, Controversies, and Future Directions for Actuarial Risk Scales 119L. Maaike Helmus and Vernon L. Quinsey 7 Structured Professional Judgement in Violence Risk Assessment 145Catherine Garrington and Douglas P. Boer 8 Intimate Partner Violence Risk Assessment and Management: An RNR Approach to Threat Assessment 163N. Zoe Hilton and Liam Ennis 9 Sexual Violence Risk Assessment 183Martin Rettenberger and Leam A. Craig 10 Personality‐Based Violence Risk Assessment 203Mark E. Olver 11 Assessing Risk for Violent, General, and Sexual Offending in Adolescents: Recent Advances and Future Directions 223Jodi L. Viljoen , Melissa R. Jonnson, and Stephane M. Shepherd Part III What Works in Specialty Clinical Assessments 251 12 The Importance of Understanding Anger in the Clinical Assessment of Violence 253Andrew Day and Ephrem Fernandez 13 Gang Violence Prevention Efforts: A Public Health Approach 265Dawn McDaniel and Caitlin Sayegh 14 Terrorism and Ideological Violence 279Wagdy Loza 15 Assessing the Risk and Treatment Needs of People Who Perpetrate Intimate Partner Violence 297Louise Dixon and Nicola Graham‐Kevan 16 Aggression from a Psychobiological Perspective: Implications for Enhanced Violent Risk Assessment and Interventions 315David Nussbaum 17 Assessment of Risk of Violent Offending for Adults with Intellectual Disability and/or Autism Spectrum Disorder 349Martyn Matthews and Elliot Bell Part IV What Works in Violence Intervention 367 18 Risk‐Reducing Treatment in High‐Risk Psychopathic and Violent Offenders 369Devon L.L. Polaschek and Stephen C.P. Wong 19 Anger Treatment with Violent Offenders 385Raymond W. Novaco 20 Managing Violent Offenders with a Personality Disorder 399Caroline Logan 21 Antisocial and Aggressive Behaviour Amongst Persons with Schizophrenia: Evidence and Propositions for Prevention 419Sheilagh Hodgins 22 Intimate Partner Violence Perpetrator Programmes: Ideology or Evidence‐Based Practice? 437Nicola Graham‐Kevan and Elizabeth A. Bates 23 Interventions for Violent Offenders with Intellectual and Developmental Disabilities 451John L. Taylor Part V What Works in Violence Risk Management 465 24 Sexual Violence Risk Management 467Gina Ambroziak and David Thornton 25 Effective Systems and Processes for Managing Violent Offenders in the United Kingdom and the European Union 485Hazel Kemshall and Sarah Hilder 26 Beyond Core Correctional Practice: Facilitating Prosocial Change through the Strategic Training Initiative in Community Supervision 505Guy Bourgon, Nick Chadwick, and Tanya Rugge 27 What Works in Risk Assessment in Stalking Cases 527David V. James and Lorraine P. Sheridan 28 Managing Violent Offenders in the Community: Reentry and Beyond 543Ralph C. Serin , Christopher T. Lowenkamp , and Caleb D. Lloyd Index 559
£37.00
John Wiley & Sons Inc Intellectual Property
Book SynopsisA new edition of the trusted book on intellectual property Intellectual Property simplifies the process of attaching a dollar amount to intellectual property and intangible assets, be it for licensing, mergers and acquisitions, loan collateral, investment purposes, and determining infringement damages. Written by Russell L. Parr, an expert in the valuation/intellectual property field, this book comprehensively addresses IP Valuation, the Exploitation Strategies of Licensing and Joint Ventures, and determination of Infringement Damages. The author explains commonly used strategies for determining the value of intellectual property, as well as methods used to set royalty rates based on investment rates of returns. This book examines the business economics of strategies involving intellectual property licensing and joint ventures, provides analytical models that can be used to determine reasonable royalty rates for licensing and for determining fair eTable of ContentsAbout the Author xi Preface xiii Acknowledgments xvii Part I Introduction 1 1 Intellectual Property Is the Foundation of Value 3 2 Intellectual Properties Defined 20 3 Intangible Assets Defined 40 4 Business Enterprise 54 Part II Valuation 65 5 Valuation Principles 67 6 Cost Approach 75 7 Market Approach 87 8 Income Approach, Identifying Economic Benefit 95 9 Risk-Adjusted Income 113 10 Valuation Errors 130 11 Early-Stage Technology Valuation 142 12 Special Valuation Situations 155 Part III Exploitation 175 13 Exploitation Strategies 177 14 More on Exploitation Strategies 187 15 Licensing, Negotiations, and Agreements 213 16 Royalty Rates for Licensing 237 17 Use of the 25% Rule in Valuing Intellectual Property 272 18 Determining a Royalty Rate—an Example 291 19 The Magnitude and Meaning of Royalty Misreporting 305 20 Patent Aggregators 313 21 University Licensing 326 22 Joint Ventures 338 23 Intellectual Property Audit and Management 352 24 Organizing for the Future 372 25 Transfer Pricing 384 Part IV Infringement Damages 401 26 Lost Profits 403 27 The Entire Market Value Rule 434 28 Royalty Rates and the Georgia-Pacific Factors 448 29 Evolving Patent Damages 471 30 Trademark, Copyright, and Trade Secret Damages 484 Appendix A Accounting 496 Appendix B Economic Benefit, Timing, and Pattern 507 Appendix C Royalty Rate Data 530 Appendix D Risk and Uncertainty 598 Index 619
£256.50
John Wiley & Sons Inc Risk Safety and Ethical Concerns in Nanotechnology
£154.80
John Wiley and Sons Ltd A Companion to American Legal History
Book SynopsisA Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal historyReflects the current state of American legal history research and points readers in the direction of future researchRepresents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideasTable of ContentsNotes on Contributors x Introduction 1Sally E. Hadden and Alfred L. Brophy Part I Chronological Overviews 5 1 Reconsidering the Seventeenth Century: Legal History in the Americas 7Elizabeth Dale 2 What’s Done and Undone: Colonial American Legal History, 1700−1775 26Sally E. Hadden 3 1775−1815 46Ellen Holmes Pearson 4 The Antebellum Era Through Civil War 67Alfred L. Brophy 5 Beyond Classical Legal Thought: Law and Governance in Postbellum America, 1865−1920 86Roman J. Hoyos 6 American Legal History, 1920−1970 105Christopher W. Schmidt Part II Individuals and Groups 125 7 Native Americans 127Christian McMillen 8 African Americans in Slavery 152Thomas J. Davis 9 African Americans in Freedom 171James Campbell 10 Women’s Legal History 190Felice Batlan 11 Families 209David S. Tanenhaus 12 Who Belongs? Immigrants and the Law in American History 228Allison Brownell Tirres 13 The Legal Profession 247Mark E. Steiner Part III Subject Areas 267 14 Law and the Economy of Early America: Markets, Institutions of Exchange, and Labor 269Christine Desan 15 Law and the Economy in the United States, 1820−2000 289Harwell Wells 16 Law and Labor in the Nineteenth and Twentieth Centuries 308Deborah Dinner 17 Siting the Legal History of Poverty: Below, Above, and Amidst 329Felicia Kornbluh and Karen Tani 18 Taxes 349Robin L. Einhorn 19 Law and the Administrative State 367Joanna L. Grisinger 20 Law and Religion 387Steven K. Green 21 Legal History and the Military 406Elizabeth L. Hillman 22 Criminal Law and Justice in America 422Elizabeth Dale 23 Intellectual Property 441Steven Wilf Part IV Legal Thought 461 24 Law and Literature 463Jeannine Marie DeLombard 25 Legal Thought from Blackstone to Kent and Story 484Steven J. Macias 26 American Jurisprudence in the Nineteenth and Early Twentieth Centuries 506James D. Schmidt 27 Critical Legal Studies 524John Henry Schlegel 28 The International Context: An Imperial Perspective on American Legal History 543Clara Altman Index 562
£37.00
John Wiley and Sons Ltd American Constitutional History
Book SynopsisReveals how the Constitution has evolved over the past 235 years, featuring updated coverage of the 2020 presidential election and constitutional changes made by the Supreme Court up to June 2021 American Constitutional History: A Brief Introduction, Second Edition presents a concise and accessible history of the 235-year development of the Constitution since its ratification. The book is organized around five distinct periods in U.S. historythe New Republic, the Slave Republic, the Free-Market Republic, the Social Welfare Republic, and the Contemporary Republicto demonstrate the evolution of the American republic and its founding document over time. With an engaging narrative approach, author Jack Fruchtman describes how constitutional changes have occurred through both formal amendments and informal decisions by the president, Congress, and the Supreme Court. Updated to cover the period from 2015 to 2021, the second edition examines the controversial presidentiaTable of ContentsAcknowledgments xi Prologue xiv The Structure of the Book xviii Part 1 The New Republic, 1781–1828 1 The Classical Republican Tradition 1 John Locke, Deism, and Religious Liberty 5 1 Ideological Origins of the New Republic 9 The Articles of Confederation and the Constitutional Convention 10 Ratification and the Bill of Rights 20 2 Representative and Constitutional Democracy 28 Judicial Review, Judicial Duty 31 Economic Policy in the New Republic 35 3 Nationalization of the Constitution and Executive Power 45 Part 2 The Slave Republic, 1789–1877 53 Constitutional Amendments 56 4 Commerce, Nullification, and Slavery 59 Other Economic Rulings 60 The Nullification Controversy 62 Dred Scott 65 5 Civil War and Reconstruction 69 Lincoln and War 70 Reconstruction 77 6 Rights and Privileges 82 Privileges and Immunities 84 Women’s Rights 87 Persecution of Newly Freed Slaves 89 Part 3 The Free Market Republic, 1877–1937 93 Constitutional Amendments 94 7 The Development of Substantive Due Process 97 Procedural Due Process 98 Substantive Due Process 99 Restraint of Trade in the Free Market Era 102 Liberty of Contract 104 Regulating Industry 108 The Great Depression 110 8 Civil Rights After Reconstruction 112 Equality and African Americans 112 Parents and Educational Rights 120 The Right to Be Let Alone 121 9 The Re-emergence of Executive Power 123 Leadership and the Presidency 123 America and World War I 125 Criminal Anarchy and Criminal Syndicalism in the 1920s 134 Part 4 The Welfare State Republic, 1937–1995 139 Constitutional Amendments 140 10 Advocates and Enemies of Social Welfare 143 The Court Changes 145 New Social Welfare Programs 148 11 The Growth of Civil Liberties 150 Free Expression 150 Free Press 154 Religious Establishments 156 Criminal Suspects and Capital Punishment 159 Privacy 163 12 The Civil Rights Movement 167 School Desegregation 167 Civil and Voting Rights 170 Strict Scrutiny and Affirmative Action in Higher Education 172 Affirmative Action in Government Contracts 176 Women’s Rights and Affirmative Action 177 13 Expanding Presidential Power 180 Presidential Power and Japanese Internments 181 Military Tribunals 185 Vietnam and Its Aftermath 186 Re-emergence of a Powerful Executive 188 Part 5 The Executive Republic, 1995–2021 193 14 Federal Commerce Power and Economic Regulation 199 Narrowing Federal Commerce Power 200 Healthcare Reform 203 15 Civil Liberties and Judicial Doctrines 208 Religious Establishments 209 Religious Liberty 212 Campaign Finance and Speech Rights 216 The Right to Bear Arms 218 The Right to Privacy 221 16 The Struggle for Equal Rights and Criminal Justice 224 Affirmative Action and Education 225 Same-Sex and Transgender Rights 227 Voting Rights 231 Capital Punishment and Criminal Justice 234 17 The Continued Growth of Executive Power 238 Foreign Terrorist Attacks and the Bush Administration 239 Wars in Afghanistan and Iraq 242 Obama and Unilateral Executive Action 245 Executive Authority under Trump 250 The Mueller Investigation and the First Impeachment 253 Epilogue The 2020 Presidential Campaign and Its Aftermath 258 The Campaign and the Second Trump Impeachment 258 The Biden Presidency, 2021 261 A Republic If You Can Keep It 263 Bibliography 268 Prologue 267 Part 1: The New Republic, 1781–1828 268 Part 2: The Slave Republic, 1789–1877 269 Part 3: The Free Market Republic, 1877–1937 270 Part 4: The Welfare State Republic, 1937–1995 271 Part 5: The Executive Republic, 1995–2021 272 Epilogue 274 Index 276
£24.65
Wiley-Blackwell Food Regulation
Book SynopsisTable of ContentsABOUT THE AUTHOR FOREWORD PREFACE ACKNOWLEDGMENTS PART I: INTRODUCTORY CHAPTERS 1 Introduction to Food Regulation in the United States 2 What is Food? PART II: REGULATION OF LABELING, ADVERTISING, AND CLAIMS 3 Labeling 4 Nutritional Labeling and Nutrient Level Claims 5 Health Claims 6 Credence Claims 7 Advertising and Other Regulation of Labeling PART III: REGULATION OF THE COMPOSITION OF FOOD 8 Economic and Esthetic Adulteration 9 Regulation of the Safety of Unintentional Poisonous or Deleterious Substances in Food 10 Regulation of the Safety of Intentional Components of Food PART IV: SPECIALIZED FOOD REGULATION 11 Dietary Supplements 12 Biotechnology and Genetically Engineered Organisms 13 Food Defense 14 Importation and Exportation 15 Animal Food PART V: INSPECTION AND ENFORCEMENT 16 Inspections 17 Federal Enforcement 18 State Laws and Their Relationship to Federal Laws PART VI: GENERAL CHAPTERS 19 Private Actions 20 Administrative Law and Food Regulation 21 International Food Law 22 Ethics Glossary of Abbreviations and Specialized Terms Table of Cases Index
£999.99
John Wiley & Sons Inc Security Technologies and Social Implications
Book SynopsisSECURITY TECHNOLOGIES AND SOCIAL IMPLICATIONS Explains how the latest technologies can advance policing and security, identify threats, and defend citizens from crime and terrorism Security Technologies and Social Implications focuses on the development and application of new technologies that police and homeland security officers can leverage as a tool for both predictive and intelligence-led investigations. The book recommends the best practices for incorporation of these technologies into day-to-day activities by law enforcement agencies and counter-terrorism units. Practically, it addresses legal, technological, and organizational challenges (e.g. resource limitation and privacy concerns) combined with challenges related to the adoption of innovative technologies. In contrast to classic tools, modern policing and security requires the development and implementation of new technologies using AI, machine learning, social media tracking, drones, robots, GIS, computer vision, and moTable of ContentsThe circle of change: technology impact on LEAs Data Protection Impact Assessments in Law Enforcement: Identifying and Mitigating Risks in Algorithmic Policing Methods of Stakeholder Engagement for the Co-Design of Security Technologies Performance Assessment of Soft biometrics technologies for border crossing Counter-Unmanned Aerial Vehicle Systems: Technical, Training and Regulatory Challenges Critical Infrastructure security using Computer Vision Technologies Evaluation of Content Fusion Algorithms for Large and Heterogeneous Datasets Stakeholder Engagement Model to facilitate the uptake by end-users of Crisis Communication Systems CRIME MAPPING IN CRIME ANALYSIS – THE DEVELOPMENTS IN THE PAST TWO DECADES The Threat of Behavioural Radicalization Online: Conceptual Challenges and Technical Solutions Provided by the PROPHETS (Preventing Radicalization Online through the Proliferation of Harmonized ToolkitS) Project Blockchain technologies for chain of custody authentication Chances and challenges of predictive policing for law enforcement agencies Conclusions
£115.20
John Wiley and Sons Ltd The Wiley Handbook on What Works with Girls and
Book SynopsisThe Wiley Handbook on What Works with Girls and Women in Conflict with the Law The most practical discussion of the rehabilitation of girls and women in conflict with the law in the correctional arena What Works with Girls and Women in Conflict with the Law is the leading examination of evidence-based practice in the field of gender-responsive corrections. Adopting an international and intersectional approach, the distinguished authors seek to collect the best available data and thinking on what works with girls and women and apply it to the real-world problems facing correctional systems today. As part of its contextual and rich approach to the subject, What Works with girls and women in conflict with the law, covers a broad variety of topics, ranging from theories of female involvement in crime, security classification and risk assessment, evidence-based treatment and supervision approaches, special populations (such as Indigenous women), to legal/poliTable of ContentsAcknowledgements viii Contributors ix Introduction 1Shelley L. Brown and Loraine Gelsthorpe Part I Theories of Female Offending 11 1 Evolution, Evidence, and Impact of the Feminist Pathways Perspective 13Kristy Holtfreter, Natasha Pusch, and Katelyn A. Golladay 2 Developmental and Life Course Perspectives on Female Offending 24Alex R. Piquero, Nicole Leeper Piquero, and Chelsey Narvey 3 Extending Learning, Control, and Strain Perspectives to Explain the Gender Gap and Female Offending 34Lisa Broidy and Megan Nyce 4 Understanding Female Crime and Antisocial Behavior through a Biosocial and Evolutionary Lens 46Shelley L. Brown and Colleen Robb Part II Assessment and Security Classification 62 5 Girls and Women in Conflict with the Law: A Review of Risk and Strength Factors 64Terri Scott, Megan Wagstaff, and Cassandra Conley 6 Assessment, Security Classification and Humane Prison Environments 77Kelley Blanchette and Renée Gobeil 7 Advances in Female Risk Assessment 89Linsey Belisle, Jaclyn Parker Keen, Tereza Trejbalová, Bridget Kelly, and Emily J. Salisbury 8 Can “Gender Neutral” Risk Assessment Tools be used with Women and Girls? If so, How? 102Mark Olver and Keira C. Stockdale 9 Validating Supplementary Needs Assessment Tools for Use with Girls and Women in Conflict with the Law 120Jala Rizeq and Tracey Skilling Part III Exploring the Meaning of Gender Responsive Tenets 135 10 Defining and Evaluating Gender-Responsive Treatment 137Patricia Van Voorhis 11 Expanding Opportunities for Justice-Involved Women: Transforming the What and How of Rehabilitation 157Marilyn Van Dieten 12 Creating a Trauma-Informed Justice System for Women 172Stephanie Covington 13 Taking Note of Carceral Distance in Family Programs for Incarcerated Women 185Caroline Lanskey and Molly Biddle 14 Responding to Problem Substance Use: Deconstructing Structures and Politicizing the Personal 203Maria Fotopoulou and Margaret S. Malloch Part IV Gender Responsive Models in Practice 215 15 Women, Crime, and Justice in Scotland 217Gill McIvor 16 A Review of Women-Centered Programming and Research Evidence in the Federal Canadian Context 229Chantal Allen and Kaitlyn Wardrop 17 Women, Crime and Justice in England and Wales 244Loraine Gelsthorpe 18 Effective Community Interventions for Justice-Involved Girls and Women in the United States 256Merry Morash and Kayla M. Hoskins 19 Evidence-Based Community Supervision Models that Work: The Australian Approach 267Rosemary Sheehan Part V Working with Special Populations Through a Gender Responsive Lens 281 20 Evidence Based Practices with Justice-Involved Indigenous Girls and Women 283Leticia Gutierrez and Kayla A. Wanamaker 21 Female Offending During Adolescence and Emerging Adulthood 295Gilly Sharpe 22 Trauma and Mental Health Among Justice-involved Girls and Women 307Vivienne de Vogel 23 Personality Disorders and Female Offending 323Janet I. Warren, Shelly L. Jackson, Elisha R. Agee, Sara B. Millspaugh, and Maihan F. Alam 24 Female Perpetrators of Sexual Offences 342Samuel T. Hales and Theresa A. Gannon 25 Female Perpetrators of Intimate Partner Violence 354Annette McKeown, Patrick J. Kennedy, and Joanne McGrath Part VI Legal and Policy Implications 369 26 What Works? Beyond Interventions and Programs 371Loraine Gelsthrope 27 The Impact of Law and Correctional Policies on Women Incarcerated in the United States 383Andie Moss and Julie Abbate 28 Successful Resettlement or Setting Women Up to Fail? Policy and Practice for Women Released from Prison in England and Wales 396Katy Swaine Williams and Jenny Earle Conclusion 409Loraine Gelsthorpe and Shelley L. Brown Index 415
£999.99
John Wiley & Sons Inc Forensic Ballistics in Court
Book SynopsisTable of ContentsAbout the Author xiii Introduction xv About the companion website xix 1.0 Firearms History 1 1.0.1 Introduction 1 1.0.2 The flintlock 1 1.0.3 The percussion system 3 1.0.4 The pinfire system 3 1.0.5 The rimfire system 4 1.0.6 The Dreyse needle fire system 4 1.0.7 The centre fire system 5 1.0.8 The revolver 5 1.0.9 The self-loading pistol 6 Further reading 8 2.0 Weapon Types and Their Operation 9 2.0.1 Introduction 9 2.0.2 Handguns 9 2.0.3 Rifles 13 2.0.4 Shotguns 14 2.0.5 Combination weapons 15 2.0.6 Sub-machine guns 15 2.0.7 Assault rifles 16 2.0.8 Machine guns and heavy machine guns 16 2.0.9 Muzzle attachments 16 2.0.10 Important parts of a weapons mechanism 19 2.0.11 Bent and sear 20 2.0.12 Other important parts of a revolver mechanism 22 2.0.13 Hand and ratchet 23 Further reading 24 2.1 Gas and Air Powered Weapons 25 2.1.1 Introduction 25 2.1.2 Weapon types 25 2.1.3 Ammunition 28 2.1.4 Considerations 30 Further reading 31 2.2 Rifling Types and Their Identification 33 2.2.1 Introduction 33 2.2.2 Basics 34 2.2.3 Class characteristics 37 2.2.4 General introduction to rifling 38 Additional reading 42 2.3 Home-made, Improvised and Converted Firearms 43 2.3.1 Introduction 43 2.3.2 Improvised firearms 43 2.3.3 Converting air weapons 44 2.3.4 Home-made and converted toys and replica weapons 45 2.3.5 Home-made ammunition 48 Further reading 50 2.4 Antique Weapons 51 2.4.1 Introduction 51 2.4.2 Background 51 2.4.3 Defining ‘antique’ 52 3.0 Proof Marks 55 3.0.1 Introduction 55 3.0.2 Proof marks 55 3.0.3 Types of proof 56 3.0.4 Proof marks and the examiner 56 3.0.5 Examples of proof marks 56 Further reading 61 4.0 A Brief History of Ammunition 63 4.0.1 Introduction 63 4.0.2 Basics 63 Further reading 66 4.1 Ammunition Components 67 4.1.1 Introduction 67 4.1.2 Basics 67 4.1.3 Ammunition types 68 4.1.4 Primer cap types 69 4.1.5 Cartridge cases 70 4.1.6 Shotgun ammunition 73 Further reading 79 4.2 Bullet Types 81 4.2.1 Introduction 81 4.2.2 Basics 81 4.2.3 Bullet materials 81 4.2.4 Other bullet types 83 4.2.5 Bullet nose configuration 83 4.2.6 Bullet base configuration 85 4.2.7 Bullet lubrication 85 Further reading 86 4.3 Headstamps and Other Identifying Features on Ammunition 87 4.3.1 Introduction 87 4.3.2 Basics 88 4.3.3 Clandestine ammunition 89 4.3.4 Colour coding of ammunition 90 Further reading 91 4.4 Non-toxic and Frangible Bullets 93 4.4.1 Introduction 93 4.4.2 Elimination of lead in ammunition 93 4.4.3 Materials used in non-toxic ammunition 94 4.4.4 The current situation 94 Further reading 96 4.5 Non-toxic Shot 97 4.5.1 Introduction 97 4.5.2 Materials used in non-toxic shotgun ammunition 97 Suggested further reading 100 4.6 A Brief History of Propellants 101 4.6.1 Introduction 101 4.6.2 Basics 101 4.6.3 Black powder 102 4.6.4 Nitro propellants 104 4.6.5 Dating of ammunition 107 4.6.6 Reduced loads for target shooting 107 Further reading 108 4.7 Priming Compounds 109 4.7.1 Introduction 109 4.7.2 Basics 110 4.7.3 A short history of priming compounds 110 4.7.4 Manufacture 113 4.7.5 Accidental discharge of primers 113 Further reading 114 5.0 An Introduction to Ballistics 115 5.0.1 Introduction 115 5.0.2 Basics 115 5.0.3 Background 115 Further reading 116 5.1 Internal Ballistics 117 5.1.1 Introduction 117 5.1.2 Basics 117 5.1.3 Recoil 118 5.1.4 Barrel pressure 120 Further reading 121 5.2 External Ballistics 123 5.2.1 Introduction 123 5.2.2 Basics 124 5.2.3 Maximum range of missiles 126 5.2.4 Maximum altitude that a bullet will attain 130 5.2.5 Terminal velocity 131 5.2.6 Use of sight to compensate for bullet drop 132 5.2.7 Other influencing factors 132 5.2.8 Muzzle energy 134 5.2.9 Momentum 135 Further reading 135 5.3 Terminal Ballistics 137 5.3.1 Introduction 137 5.3.2 Basics 137 5.3.3 General wound ballistic concepts 139 5.3.4 Other factors influencing the wounding capabilities of a missile 144 5.3.5 Bullet performance and ‘wounding capabilities’ 145 5.3.6 Relative stopping power (RSP) 147 5.3.7 Bullet resistant vests (BRV) 149 Further reading 152 6.0 A Brief History of Forensic Firearms Identification 153 6.0.1 Introduction 153 6.0.2 Early cases involving bullet identification 154 6.0.3 Use of photomicrographs 154 6.0.4 Identification of weapon from breech face markings 155 6.0.5 Early use of comparison microscope 155 6.0.6 Introduction of the binocular comparison microscope 156 6.0.7 Improvements in illumination 157 6.0.8 Photography of stria 157 6.0.9 Modern technology for stria comparison 157 Suggested further reading 160 7.0 Basic Concepts of Striation Matching 161 7.0.1 Introduction 161 7.0.2 Basics 162 7.0.3 Identification of weapon type 164 7.0.4 Individual characteristics on cartridge cases 165 7.0.5 Formation of stria 166 7.0.6 Problematical areas 167 Further reading 172 7.1 Basic Concepts in Comparison Microscopy 173 7.1.1 Introduction 173 7.1.2 Basic methodology and background to stria comparisons 174 7.1.3 Lighting used for comparison microscopy 175 7.1.4 The concept of consecutive matching stria 177 7.1.5 Obtaining control samples 177 7.1.6 Manufacturing marks on ammunition 178 7.1.7 Recovery methods for fired bullets 178 7.1.8 Conclusion 180 Further reading 181 7.2 The Concept of Consecutive Matching Stria 183 7.2.1 Introduction 183 7.2.2 Basics 183 7.2.3 Arguments for and against the concept of stria comparisons 186 Further reading 187 7.3 A Statistical Model to Illustrate the Concept of Individuality in Striation Matches 189 7.3.1 Introduction 189 7.3.2 Basics 189 7.3.3 Stria individuality 190 7.3.4 Philosophy 191 References 193 8.0 Accidental Discharge 195 8.0.1 Introduction 195 8.0.2 Basics 197 8.0.3 Trigger mechanisms 197 8.0.4 Reasons for an accidental discharge 198 8.0.5 Negligent discharges 203 Further reading 204 9.0 Identification of Calibre from the Bullet Entry Hole 205 9.0.1 Introduction 205 9.0.2 Basics 206 9.0.3 Determination of bullet type 207 Further reading 208 10.0 Ricochet Analysis 209 10.0.1 Introduction 209 10.0.2 Basics 209 10.0.3 Variables influencing the liability of a missile to ricochet 210 Further reading 213 11.0 Bullet Penetration and Trajectory through Glass 215 11.0.1 Introduction 215 11.0.2 Glass types and glass substitutes 215 11.0.3 Deviation of missile after penetrating glass 217 11.0.4 Penetration of normal window glass 217 11.0.5 Penetration of laminated and bullet-resistant glass 218 11.0.6 Penetration of tempered or toughened glass 219 11.0.7 Determination of bullet type from the entry hole 220 11.0.8 Deflection of bullet by glass 221 Further reading and references 223 12.0 Range of Firing Estimations and Bullet Hole Examinations 225 12.0.1 Introduction 225 12.0.2 Basics 225 12.0.3 Range of firing estimations for pistols and rifles 227 12.0.4 Extended range of fire estimations 230 12.0.5 Range of firing estimations on badly decomposed bodies 231 12.0.6 Bullet wipe marks 231 12.1 Chemical Tests for Range of Fire Estimations and Bullet Entry/Exit Hole Identification 235 12.1.1 Introduction 235 12.1.2 Chemical tests for range of firing estimations 235 12.1.3 Range of firing estimations on heavily bloodstained garments 237 12.1.4 Range of firing estimations for non-toxic non-lead primers 238 Further reading 239 12.2 Range of Fire Estimations for Shotguns 241 12.2.1 Introduction 241 12.2.2 Basics 242 12.2.3 Shotgun cartridges fired in revolvers 246 Suggested further reading 247 13.0 The Use of X-ray Photography for Projectile Identification 249 13.0.1 Introduction 249 13.0.2 Estimation of calibre from X-ray photographs 250 Further reading 254 14.0 Gunshot Residue Examination 255 14.0.1 Introduction 255 14.0.2 Basics 256 14.0.3 Identification of GSR Particles 257 14.0.4 The use of the scanning electron microscope (SEM) with energy dispersive X-Ray analysis (EDX) for the detection and analysis of GSR particles 259 14.0.5 Sample collection 260 14.0.6 GSR retention 263 14.0.7 Interpretation of results 264 14.0.8 Identification of type of ammunition and country or origin from GSR composition 265 14.0.9 Environmental contaminants 267 14.0.10 Extending the period over which GSR particles can be recovered 269 14.0.11 General considerations to be made when examining GSR analysis results 272 14.0.12 Discussion 274 References 275 15.0 Gun Handling Tests 277 15.0.1 Introduction 277 15.0.2 History 278 15.0.3 Methodology for the use of Ferrozine 279 Further reading 283 16.0 Laser-etched Serial Numbers and Bar Codes 285 16.0.1 Introduction 285 16.0.2 Laser-etched serial numbers 285 16.0.3 Bar codes 286 16.0.4 Conclusion 287 Further reading 287 17.0 Classification of Firearms-related Death 289 17.0.1 Introduction 289 17.0.2 Basics 289 17.0.3 Multiple shot suicides 290 References and further reading 293 18.0 Practical Considerations in a Firearms Case from a Legal Point of View 295 18.0.1 Introduction 295 18.0.2 Key questions 296 18.0.3 Legal challenges to forensic firearms evidence in the USA 298 18.0.4 Conclusion 300 Further reading and references 300 19.0 Qualifying the Expert and Cross-examination Questions 301 19.0.1 Definition 301 19.0.2 Introduction 301 19.0.3 Qualifying the expert 302 19.0.4 General background questions 303 19.0.5 Comparison microscopy 303 19.0.6 Gunshot residue 306 19.0.7 Ferrozine test 308 Further reading 308 20.0 Chain of Custody 309 20.0.1 Introduction 309 20.0.2 Basics 309 20.0.3 Process 310 20.0.4 In court 310 Further reading 311 Appendix 1 Standard of Review: ‘Daubert Trilogy’ 313 Appendix 2 Commercial and General Abbreviations for Bullet Configurations 317 Appendix 3 Some of the More Common Trade Names 323 Appendix 4 Important dates in the History of Firearms from 1247 335 Appendix 5 Dates for the Introduction of Various Cartridges by Calibre 341 Appendix 6 Some Trademarks Found on Guns 345 Appendix 7 General Firearms Values Conversion Table 349 Appendix 8 Hearing Loss 351 Appendix 9 A List of Handgun Cartridges 355 Appendix 10 A List of Rifle Cartridges 357 Appendix 11 Air Weapon Legislation 361 Index 367
£47.45
WW Norton & Co Citadels of Pride
Book SynopsisA ground breaking exploration of sexual violence by one of our most celebrated experts in law and philosophyTrade Review"Nussbaum is a clear and compelling thinker whose work on the law has always been refreshing and bracing..." -- Madhavi Menon - Times Literary Supplement"Martha C. Nussbaum brings unflinching clarity and wisdom to illuminate shame and pride, the operations of power and retribution surrounding sexual violence and intimidation. Nussbaum’s distinctive fusion of law and philosophy exposes failures of recent reforms and points toward constructive future paths." -- Martha Minow, former dean of Harvard Law School"On many levels, those interested in justice-seeking law reform in the area of sexual assault and harassment can look to this book for inspiration. Nussbaum has a rare ability to articulate genuine compassion in connection with complex ethical situations, and to spell out what that compassion requires. She writes with crystalline style." -- Aidan Johnson - Globe and Mail"In Citadels of Pride , Martha C. Nussbaum shines a light on long-standing and deep-rooted issues of sexual harassment and assault that continue to plague big-time sports and lays out a provocative plan for controlling institutions to become leaders in effecting change. Not everyone will agree with her recommendations, but this book should be mandatory reading for anyone who cares deeply about the need for reform." -- Adam Silver, commissioner of the National Basketball Association
£999.99
John Wiley & Sons Geoengineering and Climate Change
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£153.00
John Wiley & Sons The TechnoLegal Dynamics of Cyber Crimes in Indus
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Wiley-Blackwell Cybersecurity Law
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Wiley-Blackwell File System Forensics
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£99.90
John Wiley and Sons Ltd The FIDIC Forms of Contract
Book SynopsisIn September 1999, FIDIC introduced its new Suite of Contracts, which included a new Red, Yellow, Silver and Green forms of contract. The new Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time. This ambition has not materialised and is unlikely to do so in the future. Despite the importance of the 1999 Forms, there has been very little published on the new concepts adopted in them and how they interact with the previous forms. This important work considers these aspects together with the many developments affecting the fourth edition of the Red Book that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It is written by a chartered engineer, conciliator and international arbitrator with wide experience in the use of the FIDIC Forms and in the various dispute resolution mechanisms specified in them. ITrade Review'The great merit of this book is that [it] assimilates the complexities of the form and focuses upon the practicalities.' Arbitration 'One of the great virtues of the book is that it is almost a work on construction law and practice in the international sphere....It is quite common for books to be described as indispensable but that is an apt description of what looks to be a classic text. It is also remarkably good value for money.' Judge Humphrey Lloyd QC, International Construction Law Review, 2005.Table of ContentsPart I Background and Concepts of the Red Book;. Chapter 1 Background of the Red Book. 1.1 The ACE Form. 1.2 The First Edition of the Red Book. 1.3 The Second and Third Editions of the Red Book. 1.4 The Fourth Edition of the Red Book. 1.5 The 1996 Supplement to the Red Book. 1.6 Concepts of the Red Book. 1.7 The New Suite of FIDIC Contracts. Chapter 2 The Red Book is based on a domestic contract. 2.1 Introduction. 2.2 Diversity of legal systems. 2.3 The applicable law in international construction. 2.4 The applicable law of the contract. 2.5 Law governing procedure. 2.6 Law governing enforcement of awards. 2.7 Grouping of the contemporary legal systems. 2.8 The Romano-Germanic group. 2.8.1 Sources of law in the Romano-Germanic group. 2.8.2 Legal authoritative writing. 2.8.3 Areas of the law affecting construction in the Romano-Germanic group. 2.9 The common law group. 2.9.1 Sources of law in the common law group. 2.9.2 Areas of the law affecting construction in the common law group. 2.10 The law in Islamic countries. 2.10.1 Sources of Islamic law. Chapter 3 Legal concepts based on the common law system. 3.1 The law applicable to the contract. 3.2 Conflict. 3.3 Some specific concepts under the common law. 3.3.1 Substantive law and procedural law. 3.3.2 Legislation, common law and equity. 3.4 Tort. 3.5 Contract – general principles. 3.5.1 Prerequisites of a contract. 3.5.2 Limitation periods. 3.6 Privity of contract. 3.7 Performance of a contract. 3.8 The contents of a contract. 3.9 Remedies for breach of contract. 3.10 Exclusion clauses. 3.11 The responsibility to complete. Chapter 4 Drafting principles. Chapter 5 The concept of a trusted independent engineer. 5.1 Introduction. 5.1.1 FIDIC's Statutes and By-Laws and the independent engineer. 5.1.2 FIDIC's Code of Ethics. 5.1.3 FIDIC's Quality-Based Selection, 'QBS'. 5.2 Other suppliers of consulting services. 5.3 Services provided by the consulting engineer. 5.3.1 Counselling services. 5.3.2 Pre-investment studies. 5.3.3 Design, preparation of documents and supervision. 5.3.4 Specialised design and development services. 5.3.5 Project management. 5.3.6 Programme manager. 5.4 Independence. Chapter 6 A traditional re-measurement contract. 6.1 Factors governing choice of contract. 6.2 The allocation of essential functions. 6.2.1 The allocation of the function relating to finance. 6.2.2 The allocation of the functions of design and construction. 6.2.3 The allocation of risk, quality control and the method of pricing and payment. 6.3 Re-measurement contracts. 6.3.1 The Red Book is a re-measure contract. 6.3.2 Contracts with a bill of quantities. 6.3.3 Contracts with a schedule of rates. 6.4 Cost-reimbursable contracts. 6.5 Lump sum contracts. 6.5.1 The Supplement to the Fourth Edition of the Red Book, Section B. 6.5.2 Main Features of FIDIC's Form for Payment on a lump sum basis. Chapter 7 Sharing of risks. 7.1 Introduction. 7.2 The definition of 'risk'. 7.3 Measurement of risk. 7.4 Risk management. 7.5 Allocation of risk and their management. 7.6 Allocation of Risks in the Red Book. 7.7 Responsibility and Liability. 7.8 Indemnity and Insurance. Chapter 8 The concepts in practice. 8.1 The Red Book in use. 8.2 Areas of conflict. 8.2.1 A relationship of trust. 8.2.2 The role of the engineer. 8.2.3 Avoidance of risk. 8.2.4 The design function. 8.2.5 Absence of a legal system. 8.2.6 Distrust of changes. 8.2.7 Legal questions. 8.3 EIC/FIDIC survey of 1996. 8.4 A brief summary of Part I. Part II The Fourth Edition: A Commentary. Chapter 9 The revisions - purposes and consequences. 9.1 Introduction. 9.2 Clause 1. 9.2.1 Definition of 'Engineer' under group (a). 9.2.2 Definition of 'tests on completion'. 9.2.3 Definitions under group (e). 9.2.4 Definitions under group (f). 9.2.5 Definitions under group (g). 9.2.6 Definition of 'approved'. 9.3 Clause 2. 9.3.1 Requirement for consultation. 9.3.2 Responsibility for delegation. 9.3.3 Requirement for writing. 9.3.4 Express requirement for impartiality. 9.4 Sub-clause 5.2. 9.5 Sub-clauses 6.1, 6.4 and 65. 9.6 Clause 7. 9.7 Clause 8. 9.8 Clause 10. 9.9 Sub-clause 12.2. 9.10 Clause 13. 9.11 Sub-clauses 14.1 and 14.3. 9.12 Clause 15. 9.13 Clause 19. 9.14 Clause 20. 9.15 Clause 21. 9.16 Clause 23. 9.17 Clause 25. 9.18 Clause 27. 9.19 Clause 28. 9.20 Clause 30. 9.21 Clause 34 and 35. 9.22 Sub-clause 36.5. 9.23 Clause 37. 9.24 Clause 40. 9.25 Clause 41. 9.26 Sub-clause 42.3. 9.27 Clause 44. 9.28 Clause 46. 9.29 Clause 51. 9.30 Sub-clause 52.3. 9.31 Clause 53 and 54. 9.32 Sub-clause 57.2. 9.33 Clause 60. 9.34 Sub-clauses 65.4 and 66.1. 9.35 Clause 67. 9.36 Clause 69. 9.37 Other changes made in the 1992 Reprint. 9.38 Concluding remarks. Part III The Fourth Edition in Practice. Chapter 10 Role of the engineer. 10.1 Introduction. 10.2 The engineer as a designer. 10.3 The engineer as the employer's agent. 10.3.1 Authority and duties of the engineer. 10.4 The engineer's proactive duties and authority. 10.5 The engineer's reactive duties and authority. 10.6 The engineer's passive duties and authorities. 10.7 The engineer as a supervisor. 10.8 The engineer as certifier. 10.9 The engineer as adjudicator or quasi-arbitrator. 10.10 Concluding remarks. Chapter 11 Responsibility and liability of the engineer. 11.1 Introduction. 11.2 Responsibility of the engineer towards the employer. 11.3 Responsibility of the engineer towards the contractor. 11.3.1 In the common law countries. 11.3.2 In the Romano-Germanic system. 11.4 The responsibility of the engineer towards third parties (other than the contractor). 11.5 The responsibility of the engineer towards society; employees; and the engineer himself. 11.6 Liability in construction. 11.7 Levels of Liability. Chapter 12 The employer's obligations. 12.1 Introduction. 12.2 Identification of specific elements of the project. 12.3 Appointment of engineer. 12.4 Possession of site. 12.5 To provide instructions as and when they are required. 12.6 The employer is to refrain from taking any action which would impede or interfere with the progress of the works. 12.7 The employer if to supply materials and carry out works if these form part of the work as defined in the contract. 12.8 The employer is to nominate specialist sub-contractors and suppliers as and when they are required. 12.9 To permit the contractor to carry out the whole of the works. 12.10 To make payments and to make them on time. 12.11 Additional obligations for the employer under the Fourth Edition of the Red Book. Chapter 13 The contractor's obligations. 13.1 Introduction. 13.2 The contractor's obligations during the tendering stage. 13.3 The contractor's obligations following the letter of acceptance and during the construction stage up to substantial completion. 13.3.1 Finalising documentation required prior to commencement of the works. 13.3.2 Construction and completion of the works with due diligence and within the time for completion. 13.3.3 Use of materials, plant and workmanship. 13.3.4 Provision of securities, indemnities and insurances. 13.3.5 Supply of information, notices or alerts. 13.3.6 Performance of certain administrative functions. 13.4 Contractor’s obligations after substantial completion of the works. Chapter 14 Risks, liabilities, indemnities and insurances. 14.1 Introduction. 14.2 The Red Book provisions relating to risk, responsibility, liability, indemnity and insurance. 14.3 Clause 20 of the Red Book – '20.1: care of the works'; '20.2: responsibility to rectify loss or damage'; '20.3: loss or damage due to employer's risks'; and '20.4: employer's risks'. 14.3.1 Sub-clause 20.1: care of works. 14.3.2 Sub-clause 20.2: responsibility to rectify loss or damage; and sub-clause 20.3: loss or damage due to employer's risks. 14.3.3 Sub-clause 20.4: the employer's risks. 14.4 Clause 65 of the Red Book (sub-clauses 65.1 to 65.8) – special risks. 14.5 Clause 21 of the Red Book – insurance. 14.5.1 Importance of adequacy of cover. 14.5.2 Period of insurance and extent of cover. 14.5.3 Joint names. 14.5.4 Scope of insurance cover. 14.5.5 Provisions for payment in foreign currency. 14.5.6 Provision for deductibles. 14.6 Clause 22 of the Red Book – indemnity for damage to persons and property other than the works. 14.7 Clause 23 of the Red Book – third party insurance. 14.8 Clause 24 of the Red Book – injury to workmen and insurance. 14.9 Clause 25 of the Red Book – general insurance requirements. 14.10 Part II of the Red Book – insurance arranged by the employer. 14.11 Definitions. Chapter 15 Performance and other securities. 15.1 Introduction. 15.2 The spectrum of securities. 15.3 Types of securities. 15.4 Characteristics of performance bonds and guarantees. 15.4.1 Payment guarantees. 15.4.2 Performance bonds. 15.4.3 Demand guarantees. 15.5 The ICC Uniform Rules for Demand Guarantees. 15.6 Uniform Rules for Contract Bonds. 15.7 Insurance against unfair calling. 15.8 Performance securities under the Red Book. 15.9 Examples of securities provided. 15.10 Other securities associated with a construction contract. 15.10.1 Bid bonds or guarantees. 15.10.2 Advance payment guarantees. 15.10.3 Retention money bonds. 15.10.4 Maintenance or defects liability bonds. 15.10.5 Company suretyship. 15.11 Concluding remarks. Chapter 16 Claims and counterclaims. 16.1 Introduction. 16.2 Definition and legal basis of claims and counterclaims. 16.3 Claim based on grounds of breach of contract. 16.3.1 Variations. 16.3.2 Measurement changes. 16.3.3 Adverse physical obstructions or conditions. 16.3.4 Employer's risks. 16.3.5 Compliance with statutes, regulations, price fluctuations, currency and other economic causes. 16.3.6 Defects and unfulfilled obligations. 16.3.7 Failure to commence, delays, suspension of work, release from performance, default and termination. 16.3.8 Other miscellaneous specified events. 16.4 Claim based on grounds of breach of contract. 16.5 Procedure for claims for additional payment – clause 53. 16.5.1 Procedural steps. 16.5.2 Records. 16.6 The presentation of claims. 16.7 Quantum. 16.7.1 Heads of claim. 16.7.2 The global approach. 16.8 Failure to follow the claims procedure. 16.9 Concluding remarks. Chapter 17 Delay in completion and claims for extension of time. 17.1 Time is of fundamental importance. 17.2 Clauses 43, 44, 46, 47 and 48 of the Red Book. 17.3 Relevant clauses of the Fourth Edition of the Red Book to an extension of time under Clause 44. 17.4 Programming. 17.5 Concurrent delays. 17.6 Claims for both extension of time & money. 17.6.1 Prolongation. 17.6.2 Disruption. 17.7 Liquidated damages. 17.7.1 Liquidated damages and penalties. 17.8 The Society of Construction Law 'Delay and Disruption Protocol'. Chapter 18 Certificates and payments. 18.1 Introduction. 18.2 Interim payment certificates. 18.3 Taking-over certificate. 18.4 Defects liability certificate. 18.5 Final payment certificate. 18.6 The engineer is to certify a valuation at date of termination. 18.7 Common requirements. 18.8 Late certification. Chapter 19 Disputes settlement by arbitration. 19.1 Introduction and background. 19.2 Advantages of arbitration. 19.3 What is a dispute?. 19.4 What is arbitration?. 19.5 The arbitration agreement. 19.6 Sources of law in arbitration. 19.6.1 General. 19.6.2 The arbitration agreement as a source of law. 19.6.3 Practice and custom. 19.7 The arbitrator. 19.8 The arbitration agreement under clause 67 of the Red Book. 19.8.1 Procedure under clause 67. 19.9 The 1996 supplement to the Fourth Edition of the Red Book. 19.10 The ICC Rules of Arbitration. 19.10.1 The ICC Rules. 19.10.2 The advantages of the ICC Rules. 19.10.3 Some constructive criticism. 19.11 Why does arbitration in construction disputes continue to lose favour?. 19.12 Concluding remarks. Chapter 20 Amicable settlement using alternative dispute resolution. 20.1 Introduction. 20.2 Methods of dispute settlement. 20.3 Direct negotiation. 20.3.1 Negotiators. 20.3.2 Distinguishing features of direct negotiation. 20.3.3 When should negotiation be used and what are the steps?. 20.4 Mediation. 20.5 Conciliation. 20.5.1 What is conciliation?. 20.5.2 Why conciliation?. 20.5.3 When should conciliation be used?. 20.5.4 Who should be a conciliator?. 20.5.5 Who should attend the conciliation?. 20.5.6 The conciliation process. 20.6 Mini-trial procedure. 20.7 Dispute board, dispute review board and dispute adjudication board. 20.8 Adjudication. 20.9 The ICC Rules for amicable dispute resolution. 20.9.1 The rules. 20.9.2 Fees and costs. 20.9.3 General provisions. 20.10 Pre-arbitral referee procedure. 20.11 The ICC Rules for expertise. 20.11.1 The Rules for expertise. 20.11.2 Functions of the ICC Centre for Expertise. 20.12 Concluding remarks. Part IV Other Documents Related to the Red Book. Chapter 21 FIDIC’s other forms of contract. 21.1 Introduction. 21.2 The Yellow Book, third edition. 21.2.1 Background. 21.2.2 Differences in the nature of civil engineering and E & M engineering projects. 21.2.3 Essential features of the Yellow Book. 21.3 The Orange Book, first edition. 21.3.1 Background. 21.3.2 Differences in the nature of the Red and Yellow Books on the one hand and the Orange Book on the other. 21.4 The conditions of subcontract for works of civil engineering construction. 21.4.1 Format. 21.4.2 Clause 1, definitions and interpretation. 21.4.3 Clause 4, 'main contract'. 21.4.4 Clause 13 and 15, 'indemnities; insurances'. 21.4.5 Clause 16, 'payment'. 21.4.6 Clause 19, 'settlement of disputes'. 21.5 Other publications of FIDIC. Part V The 1999 Red Book; The 1999 Yellow Book; The 1999 Silver Book; The 1999 Green Book; Dispute Boards. Chapter 22 The 1999 FIDIC suite of contracts. 22.1 Introduction. 22.2 Differences in format. 22.3 Differences in concept. 22.4 The 1999 Green Book. Chapter 23 The 1999 Red Book. 23.1 Introduction. 23.2 The 1999 Red Book: concepts and content. 23.3 The 1999 Red Book: new concepts. 23.3.1 Sub-clause 1.12: confidential details. 23.3.2 Sub-clause 2.4: employer's financial arrangements. 23.3.3 Sub-clause 2.5: employer's claims. 23.3.4 Clause 3: the engineer. 23.3.5 Sub-clause 4.1(c): fitness for purpose. 23.3.6 Sub-clause 4.2: performance security. 23.3.7 Sub-clause 4.12: unforeseeable physical conditions. 23.3.8 Sub-clause 4.21: Progress reports. 23.3.9 Sub-clause 13.2: value engineering. 23.3.10 Sub-clause 14.7: payment. 23.3.11 Sub-clause 14.8: delayed payment. 23.3.12 Sub-clause 15.5: employer's entitlement to termination. 23.3.13 Clause 17: risk and responsibility. 23.3.14 Sub-clause 17.6: limitation of liability. 23.3.15 Clause 18: insurance. 23.3.16 Clause 19: force majeure. 23.3.17 Clause 20: claims. 23.3.18 Clause 20:Sub-clauses 20.2 to 20.4 – Appointment of the dispute adjudication board; failure to agree dispute adjudication board; and obtaining dispute adjudication Board's decision. 23.4 Some highlights of the 1999 Red Book. 23.4.1 Sub-clause 1.1.4.3: cost. 23.4.2 Clause 2: the employer. 23.4.3 Clause 4: the contractor. 23.4.4 Clause 6: Staff & Labour. 23.4.5 Clause 7: Plant, Materials and workmanship. 23.4.6 Clause 8: commencement, delays and suspension. 23.4.7 Clause 9: tests on completion. 23.4.8 Clause 10: employer's taking over. 23.4.9 Clause 11: defects liability. 23.4.10 Clause 12: measurement and evaluation. 23.4.11 Clause 13: variations and adjustments. 23.4.12 Clause 14: contract price and payment. 23.4.13 Clause 15: Termination by employer. 23.4.14 Clause 16: Suspension and termination by contractor. 23.4.15 Clause 20: sub-clauses 20.7 – Failure to comply with dispute adjudication board's decision. 23.4.16 Guidance for the preparation of particular conditions. Chapter 24 The 1999 Yellow Book. 24.1 Introduction. 24.2 Tendering under, and using, the 1999 Yellow Book. 24.3 The 1999 Yellow Book: The employer's requirements. 24.3.1 Sub-clause 1.1.3.4 'tests on completion'. 24.3.2 Sub-clause 1.1.3.6 'tests after completion'. 24.3.3 Sub-clause 1.1.6.7 'site'. 24.3.4 Sub-clause 1.1.6.9: definitions – 'valuation'. 24.3.5 Sub-clause 1.5: general provisions – 'priority of documents'. 24.3.6 Sub-clause 1.8: 'care and supply of documents'. 24.3.7 Sub-clause 1.9: General provisions – 'errors in the employer's requirements'. 24.3.8 Sub-clause 1.11: general provisions – 'contractor's use of employer's documents'. 24.3.9 Sub-clause 1.13: general provisions – 'compliance with laws'. 24.3.10 Sub-clause 2.1: the employer – 'right to access to the site'. 24.3.11 Sub-clause 4.1: the contractor – 'contractor’s general obligations'. 24.3.12 Sub-clause 4.6: The contractor – 'co-operation'. 24.3.13 Sub-clause 4.7 'setting out'. 24.3.14 Sub-clause4.18: the contractor – 'protection of the environment'. 24.3.15 Sub-clause 4.19: the contractor – 'electricity, water and gas'. 24.3.16 Sub-clause 4.20: the contractor – 'employer's equipment and free-issue material'. 24.3.17 Sub-clause 5.1: design – 'general design obligations'. 24.3.18 Sub-clause 5.2: Design - 'Contractor’s Documents'. 24.3.19 Sub-clause 5.4: Design - 'Technical Standards and Regulations'. 24.3.20 Sub-clause 5.5: Design - 'Training'. 24.3.21 Sub-clause 5.6: Design - 'As-Built Documents”. 24.3.22 Sub-clause 5.7: Design - 'Operation and Maintenance Manuals'. 24.3.23 Sub-clause 6.1: Staff and Labour - 'Engagement of Staff and Labour'. 24.3.24 Sub-clause 6.6: Staff and Labour - 'Facilities for Staff and Labour'. 24.3.25 Sub-Clause 7.4 'Testing'. 24.3.26 Sub-clause 7.8: Plant, Materials and Workmanship - 'Royalties'. 24.3.27 Sub-clause 8.2 'Time for Completion'. 24.3.28 Sub-clause 8.3: Commencement, Delays and Suspension - 'Programme'. 24.3.29 Sub-clause 9.1: Tests on Completion - 'Contractor’s Obligations'. 24.3.30 Sub-clause 10.2 'Taking Over of Parts of the Works'. 24.3.31 Sub-clause 11.1 'Completion of Outstanding Works and Remedying Defects'. 24.3.32 Sub-clause 17.5: Risk and Responsibility - 'Intellectual and Industrial Property Rights'. 24.4 Comparison between the 1999 Yellow Book and the 1999 Red Book. 24.4.1 Clause 1: General Provisions. 24.4.2 Clause 3: The Engineer. 24.4.3 Sub-clause 4.1: The Contractor- 'Contractor’s General Obligations' 24.4.4 Sub-clause 4.4 'Subcontractors', sub-clause 4.5 'Nominated Subcontractors' and sub-clause 4.6 'Co-operation'. 24.4.5 Clause 5: Design. 24.4.6 Sub-clause 7.5: Plant, Materials and Workmanship - 'Rejection'. 24.4.7 Sub-clause 8.3: Commencement, Delays and Suspension - 'Programme'. 24.4.8 Sub-clause 9.1: Tests on Completion – 'Contractor's Obligations'. 24.4.9 Sub-clauses 11.2 and 11.6: Defects Liability – 'Cost of Remedying Defects and Further Tests' and 'Further Tests'. 24.4.10 Clause 12: Tests after Completion. 24.4.11 Sub-clauses 13.1; 13.2; and 13.3: Variations and Adjustments – 'Right to Vary', 'Value Engineering', and 'Variation Procedure'. 24.4.12 Sub-clauses 14.1; 14.3; and 14.9: Contract Price and Payment – 'The Contract Price'; 'Application for Interim Payment Certificates' and 14.9 'Payment of Retention Money'. 24.4.13 Sub-clause: 17.5: Risk and Responsibility - 'Intellectual and Industrial Property Rights'. 24.4.14 Clause 20.2: Claims, Disputes and Arbitration – 'Appointment of the Dispute Adjudication Board'. Chapter 25 The 1999 Silver Book. 25.1 Introduction. 25.2 The 1999 Silver Book: The Shifted Risks. 25.2.1 Sub-clause 3.1: The Employer’s Administration – 'The Employer’s Representative”. 25.2.2 Sub-clause 3.5: The Employer's Administration - 'Determinations'. 25.2.3 Sub-clause 4.7: The Contractor – 'Setting Out'. 25.2.4 Sub-clause 4.12: The Contractor – 'Unforeseeable Difficulties'. 25.2.5 Sub-clause 5.1: Design – 'General Design Obligations'. 25.2.6 Sub-clause 5.8: Design – 'Design Error'. 25.2.7 Sub-clause 8.4: Commencement, Delay and Suspension – 'Extension of Time for Completion'. 25.2.8 Sub-clause 17.3: Risk and Responsibility – 'Employer’s Risks'. 25.2.9 Sub-clause 20.1: Claims, Disputes and Arbitration – 'Contractor’s Claims'. 25.3 The 1999 Silver Book: Concepts and Content. 25.3.1 Clause 1: General Provisions. 25.3.2 Clause 3: the Employer's Administration. 25.3.3 Clause 4: The Contractor. 25.3.4 Clause 5: Design. 25.3.5 Clause 6: Staff and Labour. 25.3.6 Clause 7: Plant, Materials and Workmanship. 25.3.7 Clause 8: Commencement, Delays and Suspension. 25.3.8 Clause 9: Tests on Completion. 25.3.9 Clause 10: Employer's Taking Over. 25.3.10 Clause 11: Defects Liability. 25.3.11 Clause 12: Tests after Completion. 25.3.12 Clause 13: Variations and Adjustments. 25.3.13 Clause 14: Contract Price and Payment. 25.3.14 Clause 15: Termination by Employer. 25.3.15 Clause 16: Suspension and Termination by Contractor. Chapter 26 Dispute Boards. 26.1 Introduction. 26.2 Main advantages of the Dispute Board. 26.3 Background & evolution. 26.4 Types of Dispute Boards. 26.4.1 Dispute review board. 26.4.2 Dispute Adjudication Board. 26.4.3 Combined Dispute Board. 26.5 Varieties of Dispute Boards. 26.6 Dispute Adjudication Boards under the FIDIC Contracts. 26.7 The role of the Dispute Adjudication Board. 26.8 Establishment of the Dispute Adjudication Board. 26.9 Obligations of the Parties and the Members of the Dispute Adjudication Board. 26.10 Powers of the Dispute Adjudication Board. 26.11 Procedures relating to site visits & meetings. 26.12 Procedures relating to referral of a matter to the Board for its opinion. 26.13 Procedures relating to referral of a dispute to the Board for its decision. 26.14 Remuneration of the members of the Dispute Adjudication Board. 26.15 Cost of maintaining the members of the Dispute Adjudication Board. 26.16 The decision of the Dispute Adjudication Board. Part VI Comparison between the text of the three 1999 Major Books: Red, Yellow and Silver Books. Chapter 27 A precise record of the Alterations, Omissions and Additions in the 1999 Yellow & Silver Books as compared with the 1999 Red Book. References. Table of cases. Index.
£156.56
John Wiley and Sons Ltd Economic Globalisation and Ecological
Book SynopsisThis special issue explores the interrelationship between global economic interests and local ecological interests, and its implications in law. Along this axis, it seeks to examine not only the capacity of global forces to subjugate local interests in responding to territorially confined threats, but also the extent to which solutions to global environmental problems may depend on local action. It analyses the impact of globalization on legal structures and their ability to accommodate local concerns, and considers whether globalization, and the elimination of national borders, actually offers an opportunity to reassert the power of local and regional governance. Its essays include: Environmental Governance: Reconnecting the Global and Local Free Trade: What is it Good For? Globalization, Deregulation, and Public Opinion' Modern Interpretations of Sustainable Development Environmental Justice Imperatives for an Era of Climate Change (Re)CoTable of ContentsEnvironmental Governance: Reconnecting the Global and Local (Robert Lee and Elen Stokes) Free Trade: What is it Good For? Globalization, Deregulation, and `Public Opinion (Emily Reid and Jenny Steele) Modern Interpretations of Sustainable Development (Andrea Ross) Environmental Justice Imperatives for an Era of Climate Change (Mark Stallworthy) (Re)Connecting the Global and Local: Europe's Regional Seas (Stuart Bell and Laurence Etherington) Framing the Local and the Global in the Anti-Nuclear Movement: Law and the Politics of Place (Chris Hilson) Globalizing Regulation: Reaching Beyond the Borders of Chemical Safety (Veerle Heyvaert) The Globalization and Re-localization of Material Flows: Four Phases of Food Regulation (Robert Lee and Terry Marsden) The New Collaborative Environmental Governance: The Localization of Regulation (Neil Gunningham)
£19.71
Johns Hopkins University Press Suing Alma Mater
Book SynopsisSuing Alma Mater provides a clear-eyed perspective on the legal issues facing higher education today.Trade Review[Olivas's] treatment of this complex subject is well done and easy to follow. Choice Olivas resoundingly justifies why more scholars should recognize the political and sociological factors influencing courts today and vice versa. This book successfully chronicles some of the constitutional hallmarks within higher education during the past half century and justifies a broader examination among legal scholars for the future, as issues related to intellectual property, commercialization in athletics, and others predictably will reach this nation's highest court. -- Joy Blanchard Review of Higher Education This book successfully chronicles some of the constitutional hallmarks within higher education during the past half century and justifies a broader examination among legal scholars for the future. -- Joy Blanchard Review of Higher Education This volume is an excellent introduction to areas of discrimination law that affect postsecondary education. It would be useful for law collections with both extensive and limited holdings in education or discrimination law and those that support graduate programs in educational administration. -- Kathleen A. McLeod Law Library JournalTable of ContentsPrefacePart I1. A Primer on Higher Education Law in the United States2. A Brief History of Higher Education Litigation in the United States Supreme Court3. Making It to the Supreme Court and the Rise of Purposive OrganizationsPart II4. The Traditional Model of Higher Education in the Litigation Spotlight: United States v. Fordice5. Hopwood v. Texas: "A University May Properly Favor One Applicant Over Another Because of His Ability to Play the Cello, Make a Downfield Tackle, or Understand Chaos Theory"6. Abrams v. Baylor College of Medicine: Jews Need Not Apply7. Axson-Flynn v. Johnson: "Talk to Some Other Mormon Girls Who Are GoodMormons, Who Don't Have a Problem with This"8. Location, Location, Location: Richards v. League of United Latin AmericanCitizens and the Cartography of Colleges9. Clark v. Claremont University Center: "I Mean, Us White People HaveRights, Too"9. The Developing Law of Faculty Discontent: The Garcetti EffectConclusion: My Friends, Special Programs, and PipelinesAppendix A: Annual Reviews of Higher Education LawAppendix B: United States v. Fordice, 505 U.S. 717 (1992) Case HistoryNotesBibliographyIndex
£50.50
Johns Hopkins University Press Suing Alma Mater
Book SynopsisSuing Alma Mater provides a clear-eyed perspective on the legal issues facing higher education today.Trade Review[Olivas's] treatment of this complex subject is well done and easy to follow. Choice Olivas resoundingly justifies why more scholars should recognize the political and sociological factors influencing courts today and vice versa. This book successfully chronicles some of the constitutional hallmarks within higher education during the past half century and justifies a broader examination among legal scholars for the future, as issues related to intellectual property, commercialization in athletics, and others predictably will reach this nation's highest court. -- Joy Blanchard Review of Higher Education This book successfully chronicles some of the constitutional hallmarks within higher education during the past half century and justifies a broader examination among legal scholars for the future. -- Joy Blanchard Review of Higher Education This volume is an excellent introduction to areas of discrimination law that affect postsecondary education. It would be useful for law collections with both extensive and limited holdings in education or discrimination law and those that support graduate programs in educational administration. -- Kathleen A. McLeod Law Library JournalTable of ContentsPrefacePart I1. A Primer on Higher Education Law in the United States2. A Brief History of Higher Education Litigation in the United States Supreme Court3. Making It to the Supreme Court and the Rise of Purposive OrganizationsPart II4. The Traditional Model of Higher Education in the Litigation Spotlight: United States v. Fordice5. Hopwood v. Texas: "A University May Properly Favor One Applicant Over Another Because of His Ability to Play the Cello, Make a Downfield Tackle, or Understand Chaos Theory"6. Abrams v. Baylor College of Medicine: Jews Need Not Apply7. Axson-Flynn v. Johnson: "Talk to Some Other Mormon Girls Who Are GoodMormons, Who Don't Have a Problem with This"8. Location, Location, Location: Richards v. League of United Latin AmericanCitizens and the Cartography of Colleges9. Clark v. Claremont University Center: "I Mean, Us White People HaveRights, Too"9. The Developing Law of Faculty Discontent: The Garcetti EffectConclusion: My Friends, Special Programs, and PipelinesAppendix A: Annual Reviews of Higher Education LawAppendix B: United States v. Fordice, 505 U.S. 717 (1992) Case HistoryNotesBibliographyIndex
£28.35
Johns Hopkins University Press Courtrooms and Classrooms
Book SynopsisHe chronicles the impact of litigation on college access policies, including the rise of selectivity and institutional differentiation, the decline of de jure segregation, the spread of contractual understandings of enrollment, and the triumph of vocational emphases.Trade ReviewWritten in a rigorous yet accessible manner, Courtrooms and Classrooms is an excellent addition to any class about American educational policy or its history...highly recommended. Choice ... this book should be read widely... this work contributes to larger efforts to dislodge the mid-twentieth century as the perceived norm of higher education in the United States. Gelber has successfully debunked a long-held misconception with careful research and a well-reasoned argument and thus makes a noteworthy contribution to the historical literature. Educational Review ... Gelber's thorough, careful dive into cases demonstrates that they are a rich, underutilized vantage point from which to examine old questions and raise new queries about the history of higher education. Journal of American HistoryTable of ContentsAcknowledgmentsIntroduction1. Common Schools2. Admissions3. Desegregation4. Expulsion5. Tuition6. Child SupportConclusionAppendixesA. College Access Litigation, 1860–1960B. Common School Citations in College Admissions and Expulsion Cases, 1860–1960C. Child Support Cases Involving College Expenses, 1920–70NotesIndex
£35.10
Johns Hopkins University Press MadDoctors in the Dock
Book SynopsisThe first comprehensive account of how medical insight and folk psychology met in the courtroom, this book makes clear the tragedy of the crimes, the spectacle of the trials, and the consequences of the diagnosis for the emerging field of forensic psychiatry.Trade ReviewEigen has gone deeper than anyone to date in analysing the course of the insanity defence in English law. His trilogy is the go-to source for this fascinating and distressing topic. Times Higher Education An unlikely subject for vacation or bedtime reading? On the contrary, the 'mad-doctors" task is unequivocally compelling. Eigen translates his extensive research clearly as a scientific rather than sensational exposition. Readers interested in criminal jurisprudence, the complexities of temporary insanity, and contemporary criminal procedure in light of the historical background will be fascinated. Seattle Book Review From a historical perspective, the narrative is very interesting and easily flows. The work is highly recommended for undergraduates, graduate students in psychiatry and forensic medicine, and researchers in jurisprudence. ChoiceTable of ContentsPreface Introduction Chapter 1. Nasty, Brutish, and Short: Criminal Trials before the Lawyer Chapter 2. Delusion and Its Discontents Chapter 3.When Practitioners Become Professionals: The Alienists' Claim to KnowledgeChapter 4. The Diagnosis in the Dock Chapter 5. The Witness Takes the Stand Chapter 6. Homicidal Mania: Provenance and Cultural Context Chapter 7. The View from the Bench: Judicial Discretion and Forensic-Psychiatric Evidence Conclusion. On the Origins of Diagnosis Notes Index
£31.50
American Psychological Association The Psychology of Democracy
Book SynopsisFathali M. Moghaddam explores how psychological factors influence the presence, potential development, or absence of democracy. Recommendations are given for promoting the psychological processes that foster democracy.Trade Review“Exceptionally informed and informative, impressively thoughtful and thought-provoking, The Psychology of Democracy is an outstanding work of accessible scholarship.” —Midwest Book Review “The Psychology of Democracy is a useful text for readers from a variety of disciplines. Lay persons, undergraduate students, and psychologists and political scientists would all find the book a useful and informative study of democracy.” —PsycCRITIQUESTable of Contents Preface Acknowledgments Introduction I. Psychology and the Context of Democracy Globalization and National Identity Characteristics of the Democratic Citizen II. Psychology and the Necessary Conditions for Democracy The Democracy Circle Leaders Responsive to the Wishes of Citizens Rule of Law Leaders Removable Through Popular Will Freedom of Speech Minority Rights Independent Judiciary Universal Suffrage Meritocracy Justice III. Looking Forward Democratic Actualization References Index About the Author
£70.20
Temple University Press,U.S. Fitting the Facts of Crime
Book SynopsisPresenting a biopsychosocial perspective to explain the most common findings in criminology--and for guiding future research and public policy
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Temple University Press,U.S. Justice Outsourced
Book SynopsisExamines the hidden use of non-judicial officers in the criminal justice systemTrade Review“The issues of nonjudges making judicial decisions are, as the lead chapter of this indispensable collection tells us, hiding in plain view. These masterful essays place a therapeutic jurisprudence lens on issues that permeate the criminal justice, mental disability law, and family law systems, and demonstrate clearly how we fail when we outsource so many of the issues that are covered here. Justice Outsourced is a comprehensive and welcome—and necessary—addition to the transitional justice literature.”—David B. Wexler, Professor of Law at the University of Puerto Rico and Distinguished Research Professor of Law at the University of Arizona“Justice Outsourced provides a powerful critique of the forensic mental health system from the theoretical perspective of therapeutic jurisprudence. Central to this critique is the likely unknown fact that far too many legal decisions affecting this population are made by nonlegal authorities, whose decisions at times are at odds with the sentencing judge adjudicating these cases. Justice Outsourced is the first text of its kind to explore the implications of these questionable administrative practices. It is a must-read.”—David Polizzi, Professor at Indiana State University
£26.99
