Law and society, sociology of law Books

Book SynopsisBased on new research conducted in courthouse basements and storage sheds in rural Mississippi and Louisiana, Kimberly Welch draws on over 1,000 examples of free and enslaved black litigants who used the courts to protect their interests and reconfigure their place in a tense society.Trade ReviewA remarkably well-researched and truly startling history." - Journal of American History

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Book SynopsisSensing Justice examines the aesthetic frames that mediate the sensory perception and signification of law and justice in the context of 21st century Spain.

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Book SynopsisDrawing on two empirical studies and influential theoretical frameworks, this book provides a critical overview of the key regulatory challenges concerning cyberbullying and sexting behaviours among young people (persons under 18 years). The author explores issues such as conceptualising the behaviours, examining the prevailing presence of sexism, myths and stereotypes surrounding gender roles and identity, and the limitations of criminal law as an effective regulatory tool. In doing so, identifying peer-based sexting behaviours as part of a continuum of sexual behaviour is promoted alongside the need to consider interventions beyond the legal landscape and in line with the United Nations Convention on the Rights of the Child. In the main, priority is given to non-legal responses and the need for more effective and comprehensive gender-sensitive education programmes. The book therefore provides a more developed conceptual understanding of sexting and cyberbullying behaviours among young people.Table of Contents1. Introduction 2. Young People who Display Harmful Behaviours: Theoretical and Empirical Perspectives 3. Young People who Display Harmful Sexual Behaviour: A Review 4. Narratives on 'Cyberbullying' Among Young People 5. Narratives on Sexting Among Young People 6. Peer-Based Sexting, Law and Issues of Consent 7. Sexting Among Young People: A Continuum of Sexual Behaviour 8. Cyberbullying and Sexting: Law and Policy 9. Conclusion

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Book SynopsisThe fourth edition of this respected textbook examines the regulation and conduct of lawyers in England and Wales and addresses new developments in the field, including those in international practice, sexual misconduct, and the environment. Focusing on the practice of, and interrelationship between, solicitors and barristers, the book provides background to current arrangements while exploring contemporary rules of conduct, systems of regulation, and controversies. The four main parts cover client duties, wider obligations, key contexts, and regulation. Parts one to three provide an academic introduction to the subject of lawyers’ ethics. They are suitable as a core text for a semester course at undergraduate level, providing grounding for vocational training, such as the Solicitors’ Qualifying Examination. Comparisons are made with conduct rules applying in other leading common law jurisdictions where relevant. These parts also explore links between the subject of ethics and the development of lawyers’ practical skills. Part four applies the general principles to three elements of regulation: practice, admission, and discipline. The approach throughout is socio-legal. While the essential law is described, relevant social science research informs consideration of issues and debates.Table of Contents1. Introduction Part One: Clients 2. Loyalty 3. Conflicts of Interest 4. Confidence Part Two: Wider Responsibilities 5. Social Responsibility 6. Individual Third parties 7. Collective Third parties Part Three: Contexts 8. Litigation 9. Business 10. International Part Four: Regulation 11. Practice 12. Admission 13. Discipline 14. Epilogue

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Book SynopsisThe book examines the intellectual history of the concept of sovereignty from a sociological perspective. Informed by the sociologists Max Weber and Niklas Luhmann, it addresses the concept as the centre of constitutional controversy and as a resource to deal with paradoxes of power in constitutional democracies. It discusses the dilemmas of sovereignty that appear in the wake of the emphasis on political representation, human rights and European integration. The book marks a significant contribution to the scholarly debate on the foundation of constitutional democracy.Table of ContentsPrefaceIntroduction: a concept in action1 A sociology of constitutions2 Political uses of ‘sovereignty’: sociological methodologies3 Paradox: early modern formulations of sovereignty4 Differentiation: national sovereignty and the sovereign state5 The political, politics and sociology 6 Constitutional symbolism 7 Human rights versus state sovereignty 8 Federal sovereignty? Index

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Book SynopsisFrom the Number One bestselling author, a memoir full of hilarious, personal and surprising stories from their working life in the law.* The Sunday Times Bestseller ** A BBC Radio 4 Book of the Week*‘The SB is a gifted writer. Words tumble out with extraordinary fluency . . . entertaining and instructive’ – The Times__________Just how do you become a barrister? Why do only 1 per cent of those who study law succeed in joining this mysteriously opaque profession? And why might a practising barrister come to feel the need to reveal the lies, secrets, failures and crises at the heart of this world of wigs and gowns?Nothing But The Truth is The Secret Barrister's bestselling memoir. It charts an outsider’s progress down the winding path towards practising at the Bar, taking in the sometimes absurd traditions of the Inns of Court, where every meal mandates a glass of port and a toast to the monarch, to the Hunger Games-style contest for pupillage, through the endlessly frustrating experience of being a junior barrister – as a creaking, ailing justice system begins to convince them that something has to change . . .Full of hilarious, shocking and surprising stories, Nothing But The Truth tracks the Secret Barrister’s transformation from hang ‘em and flog ‘em, austerity-supporting twenty-something to campaigning, bestselling, reforming author whose writing in defence of the law is celebrated around the globe. With a keen eye for the absurd and an obsessive fondness for Twitter, SB reveals the uncomfortable truths and darkest secrets about life in our criminal courts.__________‘With compassion, wit and intelligence, The Secret Barrister shows why is it that any of us plunge into the harrowing depths of criminal law’ – TLS‘Masterful, compassionate and hilarious’ – Adam Rutherford‘The Zorro of the criminal bar’ – The TimesTrade ReviewEntertaining and instructive . . . A gifted writer . . . The Secret Barrister's picaresque journey to barristerhood is served up with large helpings of humour * The Times *Wonderful and insightful . . . With compassion, wit and intelligence, the Secret Barrister shows why is it that any of us plunge into the harrowing depths of criminal law * TLS *Excellent . . . at once a vicious polemic, a helpful primer and a cringe-inducing account of one barrister’s travails * Telegraph *As entertaining as ever in this third foray into the courtroom * Radio Times *Eye-opening. The candour is, at times, breathtaking . . . it is both human and urgent . . . A no-holds-barred book that tells an unvarnished story of a broken system an the people who hold it together * Law Society's Gazette *As compelling and illuminating - and as full of gob-smacking stories - as its predecessors, it is also fascinatingly personal. Anyone thinking of a career in the law should certainly read it * Bookseller *

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Book SynopsisWhen a death is investigated by a coroner, what is the place of the family in that process? This accessibly written book draws together empirical, theoretical and historical perspectives to develop a rich, nuanced analysis of the contemporary inquest system in England and Wales. It investigates theories of kinship drawn from socio-legal research and analyses law, accountability and the legal process. Excerpts of conversations with coroners and officers offer real insights into how the role of family can be understood and who family is perceived to be, and how their participation fundamentally shapes the investigation into a death.Table of Contents1. Death, Family and the Law 2. Accountability and Authority in the Historical Jurisdiction 3. Accountability Reconceived 4. First Contact and the Next of Kin 5. Dignity, the Family and the Body 6. Family in the Driving Seat 7. The Public (?) Hearing 8. Reimagining the Inquest

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Book SynopsisThis book exposes how inequalities based on class and social background arise from employment practices in the digital age. It considers instances where social media is used in recruitment to infiltrate private lives and hide job advertisements based on locality; where algorithms assess socio-economic data to filter candidates; where human interviewers are replaced by artificial intelligence with design that disadvantages users of classed language; and where already vulnerable groups become victims of digitalisation and remote work. The author examines whether these practices create risks of discrimination based on certain protected attributes, including ‘social origin’ in international labour law and laws in Australia and South Africa, ‘social condition’ and ‘family status’ in laws within Canada, and others. The book proposes essential law reform and improvements to workplace policy.Table of Contents1. Class and Social Background Discrimination: An Introduction 2. Unravelling the Meaning of ‘Social Origin’ Discrimination in Conventions of the International Labour Organization (ILO) and its Applications in the Digital Age 3. Mapping the Legal Landscape in Australia, South Africa, Canada and New Zealand and its Applications in the Digital Age 4. Social Media in Hiring and Firing Decisions 5. Automated Candidate Screening, Algorithms and Artificial Intelligence in Recruitment 6. Platform Work and the Post-Pandemic Shift to Remote Work 7. Making Future Workplaces Fairer and More Equitable

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Book SynopsisThe scholars who contribute to this issue utilize diverse research methods to examine the lived experiences of people engaged in prostitution and the people and institutions that process them. They look at the production of knowledge about prostitution and trafficking by institutional stakeholders, and how legal responses to prostitution and trafficking are affected by class, race, ethnicity, and migration. Drawing on data derived from innovative research methods including auto-ethnography, re-calculation of historical data, and participatory methods, the authors challenge us to re-examine the pro-sex/abolitionist divide, the historical theories of prostitution and ethical concerns around research with people engaged in prostitution. Instead our authors offer new configurations of sex, gender, and prostitution to better inform future scholarship, policy, and programming.Trade ReviewThe editors present a collection of academic essays and scholarly articles investigating various aspects of prostitution from a variety of critical and research perspectives. The seven contributions are devoted to legitimization and master status in academia, women’s experiences prostituting women and girls, relationships among stigmatized women engaged in street-level prostitution, and a wide variety of other related subjects. Austin Sarat is a faculty member of Amherst College in Massachusetts. Katie Hail-Jares is a faculty member of American University in Washington D.C. Chrysanthi Leon is a faculty member of the University of Delaware. Corey Shdaimah is a faculty member of the University of Maryland. -- Annotation ©2016 * (protoview.com) *Table of ContentsSex Worker or Student? Legitimation and Master Status in Academia - Jenny Heineman “In My Head, I Didn’t Feel Like I Had Done Anything Wrong”: Women’s Experiences Prostituting Women and Girls - Mahri Irvine Relationships Among Stigmatized Women Engaged in Street-Level Prostitution: Coping with Stigma and Stigma Management - Corey Shdaimah and Chrysanthi S. Leon Reform or Remand? Race, Nativity, and the Immigrant Family in the History of Prostitution - Anne E. Bowler, Terry G. Lilley and Chrysanthi S. Leon Inevitably Violent? Dynamics of Space, Governance, and Stigma in Understanding Violence Against Sex Workers - Teela Sanders Bad Dates: How Prostitution Strolls Impact Client-Initiated Violence - Katie Hail-Jares Unionizing Sex Workers: The Karnataka Experience - Subadra Panchanadeswaran, Gowri Vijayakumar, Shubha Chacko and Andy Bhanot

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Book SynopsisAnimal Crossing is an innovative virtual world with a global audience beyond traditional online gamers. The book is the first major study, offering an interdisciplinary exploration of copyright and other laws, user creativity and sociability, psychology, the virtual world's economic and technological basis, uptake during COVID-19, gamification of offline brands, relationships with past/contemporary computer games, and Animal Crossing as an example of the Japanification of online popular culture. The book provides insights for students, researchers and non-specialist readers.

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Book SynopsisLaw and Society in England 1750–1950 is an indispensable text for those wishing to study English legal history and to understand the foundations of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them. The book is divided into eight chapters: Institutions and Ideas; Land; Commerce and Industry; Labour Relations; The Family; Poverty and Education; Accidents; and Crime. This extensively referenced analysis of modern social and legal history will be invaluable to students and teachers of English law, political science, and social history.Trade ReviewThe study of English legal history has been greatly enhanced and brought up-to-date with the publication of a new edition of this seminal text. -- Ciaran McCabe, University College Dublin * The Journal of Legal History *Table of ContentsCHAPTER ONE. INSTITUTIONS AND IDEAS Part 1: Industrialisation 1750–1875 Part 2: Passing Greatness 1875–1950 CHAPTER TWO. LAND Part 1: Agricultural Exploitation 1750–1850 Part 2: Urban Conditions and Land Values 1750–1850 CHAPTER THREE. COMMERCE AND INDUSTRY Part 1: Contract Part 2: Debt, Bankruptcy, Insolvency Part 3: The Limited Liability Company Part 4: Legal Control of Anti-Competitive Activity Part 5: Technological Advance and The Patent System CHAPTER FOUR. LABOUR RELATIONS Part 1: Service and Its Regulation 1760–1875 Part 2: Employment 1875–1950 CHAPTER FIVE. THE FAMILY Part 1: Private Family Law 1750–1850 Part 2: New Pressures on Family Law: 1850–1950 CHAPTER SIX. POVERTY AND EDUCATION Part 1: Destitution in Country and Town 1750–1890 Part 2: Schools: Learning and Mass Literacy to 1890 Part 3: Poor Relief and Its Alternatives Part 4: Education – The Modern Structure CHAPTER SEVEN. ACCIDENTS Part 1: Compensation by Civil Suits Part 2: Planning Against Accidents CHAPTER EIGHT. CRIME Part 1: The Era of The Bloody Code Part 2: Criminal Justice Transformed Part 3: Into The Twentieth Century

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Book SynopsisArtificial intelligence and related technologies are changing both the law and the legal profession. In particular, technological advances in fields ranging from machine learning to more advanced robots, including sensors, virtual realities, algorithms, bots, drones, self-driving cars, and more sophisticated “human-like” robots are creating new and previously unimagined challenges for regulators. These advances also give rise to new opportunities for legal professionals to make efficiency gains in the delivery of legal services. With the exponential growth of such technologies, radical disruption seems likely to accelerate in the near future.This collection brings together a series of contributions by leading scholars in the newly emerging field of artificial intelligence, robotics, and the law. The aim of the book is to enrich legal debates on the social meaning and impact of this type of technology. The distinctive feature of the contributions presented in this edition is that they address the impact of these technological developments in a number of different fields of law and from the perspective of diverse jurisdictions. Moreover, the authors utilize insights from multiple related disciplines, in particular social theory and philosophy, in order to better understand and address the legal challenges created by AI. Therefore, the book will contribute to interdisciplinary debates on disruptive new AI technologies and the law.Trade Review“Scholars interested in legal-philosophical aspects of emerging technologies or researching privacy regulations likely would find relevant material in this book. This book is recommended for academic collections, especially those with a European law and/or robotics focus.” (Sara Bensley, Law Library Journal, Vol. 112 (1), 2020)Table of Contents

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Book SynopsisIn recent years a new form of populism has taken hold of our politics, turning Britain into an increasingly intolerant and fractious country. As our society grapples with the threat posed by terrorism and the uncertainty that has followed the Brexit referendum and the coronavirus pandemic, cracks have begun to appear in the very foundations of our liberal democracy; the values that we once regarded as sacred are being called into question. Former barrister and judge Inigo Bing examines how the bonds of trust between the British people and our democratic institutions have broken down and the principles that underpin the rule of law are under threat from populist politics. Populism on Trial analyses how politicians have shown an increasing contempt for the principle of judicial independence as they attempt to exercise unrestrained power. Bing seeks to remind us that without law we have only power, and power without law is tyranny. He demonstrates how the rule of law is a fragile yet essential ingredient in our democracy and argues that it must be vigorously upheld or it will be cast aside by the rising tide of populismTrade Review"Inigo Bing makes a compelling defence of parliamentary democracy and entrenched rights against the new populism. As he so rightly says, defeating populism requires a strong, vibrant civil society where citizens' rights and mutual obligations are underpinned by a strong and respected judiciary. This is a bold statement of the liberal democracy we need to defend to the utmost in these turbulent times." - Andrew Adonis "There is no better time to put populism and threats to human rights under a forensic microscope than post-Brexit, and Inigo Bing does it in style. Brilliantly researched and utterly compelling to read, I warmly recommend this book." - Nigel Pascoe QC "Populism is a disease that does not want to be cured; indeed, many UK voters would say that our democracy is fit and healthy. In this elegantly written book, Inigo Bing uses the lawyer's scalpel to open up the national body politic, revealing that on the inside it is deeply unwell. Bing's insightful analysis will confirm that the populist disease must be treated if we are to prevent power-seeking politicians from subverting the true values of our democracy." - Sir Geoffrey Nice QC, Emeritus Professor of Law, Gresham College "Inigo Bing has spent more than four decades in the law, both as barrister and as judge. He has combined that depth of experience, profound learning and authorial flair to write an exceptionally timely book on the uneasy relationship between the government and the judiciary. Populism on Trial is a stark reminder of the importance of the rule of law in fractious times and the centrality of independent judges to the preservation of our freedoms; it is also a warning of the dangers we face if those fundamental truths are forgotten." - Thomas Grant QC, bestselling author of Court Number One

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Book SynopsisWoodrow Hartzog develops the underpinning of a new kind of privacy law responsive to the way people actually perceive and use digital technologies. Rather than permit exploitation, it would demand encryption, prohibit malicious interfaces that deceive users and leave them vulnerable, and require safeguards against abuses of biometric surveillance.Trade Review[A] smart new book… [W]ill repay the attention of designers, privacy professionals, and anyone who wants to learn how design guided by strengthened laws and regulations might help us emerge from today’s swirl of privacy problems. -- James Barszcz * The Privacy Advisor (International Association of Privacy Professionals website) *Deceptive design nudges, tricks, and goads you into sharing more than you might intend to online, Hartzog argues in his new book… And when you think you’re in control of your own data, you rarely are. -- Ariel Bogle * ABC News (Australia) *Privacy’s Blueprint is a real tour de force, introducing a rigorous structure for multiple dimensions of privacy protections. -- Frank Pasquale, author of The Black Box Society: The Secret Algorithms That Control Money and InformationFilled with fascinating examples and written in a lively and accessible way, Privacy’s Blueprint is the definitive chronicle of Privacy by Design. This is one of the most important books about privacy in our times. -- Daniel J. Solove, author of Understanding PrivacyA bold and innovative privacy agenda and a beautifully written book. Hartzog demonstrates how and why privacy design is about power and politics. -- Paul M. Schwartz, author of Information Privacy LawWith deep insight, passion, and humor, Woodrow Hartzog demands that we see what has been in front us all along yet never meaningfully reckoned with. As Hartzog makes clear, we can design apps, social media, and networked clothing (underwear!) with privacy in mind but we need a plan and this book provides it in spades. This is a defining book for our information age and a must read. -- Danielle Keats Citron, author of Hate Crimes in Cyberspace

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Book SynopsisTrade Review"Winner of the PROSE Award for Excellence in Social Sciences, Association of American Publishers""Winner of the PROSE Award in Business, Finance, and Management, Association of American Publishers""Winner of the Best Scholarly Book Award, Global and Transnational Section of the American Sociological Association""Winner of the Asia/Transnational Book Award, Asia and Asian America Section of the American Sociological Association""A revealing look at how a secretive, often criminal element enables the rich to ‘make and protect not only their money, but also their reputations.’ . . . A work of true crime as much as scholarship, highly readable and maddening." * Kirkus Reviews *

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Book SynopsisThis exciting textbook introduces the basic tenets and methodologies of empirical legal research. Explaining how to initiate and conduct empirical research projects, how to evaluate the methods used and how to analyze and engage with the results, Kees van den Bos provides a vibrant and reliable primer for students and practitioners looking to engage actively in legal research. Key features include: A straightforward, non-technical and accessible style to engage new researchers in empirical legal research A step-by-step guide to empirical research, leading students through establishing and building a research project, to interpreting and reporting on empirical data An exploration of an array of methodologies to gather empirical data, including interviews, surveys and experiments, providing plenty of avenues for research Exercises to allow students to put new skills into practice and suggested further reading to deepen students' understanding of new topics. Offering an enthusiastic introduction to a valuable subject, this is crucial reading for advanced law students hoping to pursue their own empirical legal research projects. Its insights into cutting-edge research methodologies will also be of benefit to students with a keen interest in the sociology of law, as well as socio-legal studies more widely.Trade ReviewThis textbook is a very accessible and practical guide to empirical legal research. The non-technical explanations of interviews, surveys and experiments make it easy to understand the pros and cons of each method and to know when to use them. It will be perfect as a textbook in an interdisciplinary methods course for law students.' --Sanne Taekema, Erasmus University Rotterdam, the Netherlands'Empirical Legal Research: A Primer is a wonderful introduction to, and continuing reference for, the use of empirical methods to study legal issues. At a time when policy research, evidence-based legal process, and fact-based input into legal decisions are becoming more and more important, this book is a valuable resource for law students, legal scholars, practicing lawyers, and policy makers. The book is accessible and interesting - I recommend it!' --Allan Lind, Duke University, US'Empirical Legal Research: A Primer is a great book. It makes clear that doing empirical research is important, enriching and fun. It explains in a very simple, clear and effective way how to set up and carry out such research and what part of empirical research you can carry out yourself and when you need the help of an expert. If I had never done any empirical legal research myself, I'm sure that I would want to start immediately after reading this book.' --Bert Marseille, University of Groningen, the NetherlandsTable of ContentsContents: Part I. Start: Moving from Content to Empirical Research Questions 1. Why Empirical Legal Research 2. Research Goals, Problems and Questions Part II Research Methods: Studying Empirical Questions 3. Interviews 4. Surveys 5. Experiments Part III Interpreting Empirical Data: Moving Back to Content 6. Data Analyses 7. Reporting of Results 8. What Next References Subject Index

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Book SynopsisWhat remains anti-democratic in our criminal justice systems, and where does it come from? Geoffroy de Lagasnerie spent years sitting in on trials, watching as individuals were judged and sentenced for armed robbery, assault, rape, and murder. His experience led to this original reflection on the penal state, power, and violence that identifies a paradox in the way justice is exercised in liberal democracies. In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. The law is often presented as the reign of reason over passion. Instead, it leads to trauma, dispossession, and violence. Only by overturning our inherited legal fictions can we envision forms of truer justice. Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime. The state claims to guarantee our security, yet from our birth, we also belong to it. The criminal trial, a magnifying mirror, reveals our true condition as political subjects.Trade Review"Using practical insights gained over years of observing court cases in Paris, Geoffroy de Lagasnerie elaborates a critical reflection on power, violence, and the penal state. In clear and accessible language, his book makes an original and thought-provoking contribution to our understanding of the judicial system in Western democracies." -- Philippe Marlière * University College London *"This detailed examination of state penal logic provides a trenchant counteroffensive in both language and practice. Along with a critical retooling of sociological inquiry, this groundbreaking work offers an exploration of justice as an institution. Judge and Punish asks the big, penetrating questions that will shape the future of justice systems throughout the Western world." -- Jason S. Sexton * Editor, Boom California *"Lagasnerie opens up possibilities for us to think differently: to escape from the force of current certainties and conventions and to re-envision the stakes of debates about justice, responsibility, crime, and punishment. The revolution he proposes is mental, with neither redistribution of wealth or regime change as prerequisites, but it remains radical. Destabilizing and anti-institutional, this is an important book; its sharp attacks on academic social science and 'expertise' will surely spark reaction, attack, and debate, and with good reason." -- Todd Shepard * Johns Hopkins University *"Departing from venerable theoretical frameworks for comprehending the penal state and its actions, Geoffroy de Lagasnerie observes the contemporary criminal trial as a very different kind of drama, one centered on the violent relationship between the state and those who cannot escape it. A bracing combination of social theory and empirical observation." -- Jonathan S. Simon * Berkeley Law *

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Book SynopsisIn 1788 John Adams created a sublime ambition for all nations - 'a government of laws and not of men'. In the intervening years we have come to learn that legislation itself works through the interpretations of the many men and women who work on the inside and the outside of the law. Effective regulation thus depends not only on scrupulous legal analysis, with its appeal to precedent, conceptual clarity and argumentation, but also on sound empirical research, which often reveals diversity in implementation, enforcement and observance of the law in practice. In this outstanding, worldly-wise book Leeuw and Schmeets demonstrate how to bridge the gap between the letter and the delivery of the law. It is packed with examples, cases and illustrations that will have international appeal. I recommend it to students and practitioners engaged across all domains of legislation and regulation.'- Ray Pawson, University of Leeds, UKEmpirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies and other legal arrangements at play in society. It is invaluable as a guide to legal scholars, practitioners and students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics and empirically informed ethics.The authors present an overview of the roots of this blossoming interdisciplinary domain, going back to legal realism, the fields of law, economics and the social sciences, and also to civilology and evaluation studies. The book addresses not only data analysis and statistics, but also how to formulate adequate research problems, to use (and test) different types of theories (explanatory and intervention theories) and to apply new forms of literature research to the field of law such as the systematic, rapid and realist reviews and synthesis studies. The choice and architecture of research designs, the collection of data, including Big Data, and how to analyze and visualize data are also covered. The book discusses the tensions between the normative character of law and legal issues and the descriptive and causal character of empirical legal research, and suggests ways to help handle this seeming disconnect.This comprehensive guide is vital reading for law practitioners as well as for students and researchers dealing with regulation, legislation and other legal arrangements.Trade Review'In a world increasingly seeking laws that are evidence-based, this book provides a much needed and original approach to empirical legal studies. The book masterfully shows how empirical work is relevant to the law and offers highly accessible guidance on how to do empirical work in law. This book makes indispensable reading for academics, policymakers and practitioners alike.' --Jan M. Smits, Maastricht University, the Netherlands'This thoughtful book provides an excellent guide for lawyers and legislators to empirical research which assumes increasing importance in an evidence-based political and legal economy. Set in the context of a history of empirical research, the authors offer a comprehensive and accessible account of qualitative and quantitative methods, data collection and theory-building infused with practical examples. I strongly recommend this intelligent and informative book.' --Mike McConville, The Chinese University of Hong Kong'Introductory books on ELR are rare, so the arrival of Empirical Legal Research is a welcome addition to this small, yet growing, market. This ambitious project tackles the past, present, and future of ELR in an encompassing guide for doing empirical research. The authors clearly believe that knowledge of ELR will help legal practitioners and policymakers better understand all of the implications of the various forms of evidence presented to them on a daily basis. In turn, this will help them make better decisions for themselves, their colleagues, and society as a whole.' --Alexander J. Jakubow, Law Library JournalTable of ContentsContents: 1. Introducing Empirical Legal Research and Structure of the Book 2. Roots of Empirical Legal Research: A Concise History in 201/4 Pages 3. Research Problems 4. Theories and Empirical Legal Research 5. Research Reviews and Syntheses 6. Research Designs: Raisons D’etre, Examples and Criteria 7. Data Collection Methods 8. Analyzing and Visualizing Quantitative and Qualitative Data 9. Transferring Research Results to Legal Professionals, Utilization and the Fact-Value Dichotomy 10. Empirical Legal Research. Booming Business and Growth of Knowledge Index

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Book SynopsisMore Disputes and Differences: Essays on the History of Arbitration and its Continuing Relevance, is the last volume worked on by Derek Roebuck, though not quite completed before his death in 2020. It has, therefore, been prepared for publication by his widow, and sometimes co-author, women's historian Susanna Hoe. It comprises articles, lectures and chapters dating from his 2010 volume Disputes and Differences: Comparisons in Law, Language and History. But, whereas the chapters of that earlier, thematic work were quite disparate, this book, particularly in part 1, 'The Past', encompasses the history of arbitration and mediation from prehistory to the early nineteenth century. What makes this volume particularly interesting is that it is possible, as chapter follows chapter, to deduce which of Derek Roebuck's multi-volume histories he was working on at the time, and what other works he was reading or hearing then. This is illustrated by the last essay in Part 1 - 'A Pinch of Reality: Private Dispute Resolution in 18th Century England (2019)'. Part 2 - 'Past, Present and Future' (2013) - starts with 'The Future of Arbitration' (2013) which embodies just that, ending with 'Keeping an Eye on Fundamentals' (2012). Part 3 - 'Language, Research and Comparison', features works that bow to the author's particular interests and their connection to arbitration and its history. And he had a rule that, where possible, he would suggest what research still needed to be done, hence 'ADR in Business: Topics for Research' (2012). The final chapter - 'Return to that Other Country: Legal History and Comparative Law' (2019) - one of the last pieces written, says it all.

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Book SynopsisThis thought-provoking book highlights the increasing recognition of the prevalence of neurodisability within criminal justice systems, discussing conditions including intellectual, cognitive and behavioural impairments, fetal alcohol spectrum disorders and traumatic and acquired brain injury. International scholars and practitioners demonstrate the extent and complexity of the neurodisability experience and present practical solutions for criminal justice reform.Examining the growing body of evidence which illustrates the significant over-representation of neurodisability amongst prison and juvenile justice populations, this critical book explores the challenges faced by people with a neurodisability who come into contact with the justice system. These challenges include: difficulty understanding interactions with police, navigating court processes, comprehending sentencing orders, and coping with prison and post-release life, which can lead to repeat victimisation and criminalisation. Overall, this book establishes that justice systems are often unable to meet the specific needs of people with a neurodisability and that there is a significant lack of appropriate support within the community aimed at prevention and diversion.Providing broad interdisciplinary insights, this timely book will prove a vital resource for scholars and students of criminal law, law and society, criminology, neuroscience and social work. It will also be of value to legal practitioners, law enforcement, prison employees and welfare professionals engaged with individuals with a neurodisability.Trade Review‘The overrepresentation of adults and children with neurodisability in our criminal justice systems is an issue that is both hidden and in plain sight. This book shines a light into all the crevices of this issue and points to pathways out of the darkness. It will resonate with anyone with professional involvement in the justice system.’ -- Dr Shelley Turner, Chief Social Worker, Forensicare, Australia‘Neurodisability may profoundly impact upon behaviour and cognition but remains invisible or misunderstood in many legal contexts. This volume is an essential resource for lawyers who represent people with neurodisability, advocates and judges. With rich, interdisciplinary research from international experts, the book addresses access to justice for people with conditions such as acquired brain injury, fetal alcohol syndrome and autism. The authors integrate recent insights on neurodisability with analysis of international legal developments to provide vital, concrete guidance for optimum advocacy. Many, many people and their advocates will benefit from this superb resource.’ -- Professor Kate Diesfeld JD, Auckland University of Technology, New Zealand'Neurodisability and the Criminal Justice System is a worthwhile book that will be very helpful to those who are working in the court system with cases that involve these difficult issues. The chapter authors are first rate and diverse giving a global perspective. It is the first book that should be consulted on the subject.' -- Judge Eugene M. Hyman, Superior Court of California, US, RetiredTable of ContentsContents: Foreword xi PART I UNDERSTANDING AND RESPONDING TO NEURODISABILITY 1 Neurodisability and the criminal justice system: a problem in search of a solution 3 Gaye Lansdell, Bernadette Saunders, Anna Eriksson 2 Neurodisability: A criminal law doctrine that is not pure insanity 14 Amanda Pustilnik 3 A public law model for cognitive-communication risk 34 Joe Wszalek 4 Access to justice and the Convention on the Rights of Persons with Disabilities (CRPD) – an Australian perspective 51 Penelope Weller PART II NEEDS OF YOUNG PEOPLE WITH NEURODISABILITY 5 Dismantling barriers to justice for children affected by neurodisability 73 Frances Sheahan, Nathan Hughes, Huw Williams, Prathiba Chitsabesan 6 Neurodisability and trauma in children and young people in contact with the law 92 Huw Williams, Leigh Schrieff, Nathan Hughes, James Tonks, Prathiba Chitsabesan, Hope Kent 7 Protecting vulnerable child defendants in England and Wales: a house of cards? 111 Shauneen Lambe and Kathryn Hollingsworth 8 Fetal alcohol spectrum disorder and the criminal justice system 136 Hayley Passmore and Sharynne Hamilton PART III RESPONSES TO NEURODISABILITY WITHIN THE CRIMINAL JUSTICE SYSTEM 9 What do lawyers really know about neurodisability? Confusion, obfuscation and dereliction of duty 154 Gaye Lansdell, Bernadette Saunders, Anna Eriksson, Rebecca Bunn 10 Towards dignity: better court pathways for people with lived experience of acquired brain injury 177 Magistrate Pauline Spencer 11 Neurodisability and the ‘revolving’ prison door: an international problem viewed through an Australian lens 196 Anna Eriksson, Bernadette Saunders, Gaye Lansdell 12 An interdisciplinary call for action 214 Bernadette Saunders, Anna Eriksson, Gaye Lansdell Index

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Book SynopsisPredict and Surveil offers an unprecedented, inside look at how police use big data and new surveillance technologies. Sarah Brayne conducted years of fieldwork with the LAPD--one of the largest and most technically advanced law enforcement agencies in the world-to reveal the unmet promises and very real perils of police use of data--driven surveillance and analytics.Trade ReviewThe book reads like an encyclopedia of big data policing, supported by extremely rich empirical data in each of the coherently organized eight chapters...Grounded in solid fieldwork, this inspiring book provides far more than a case study of the police use of big data surveillance in LAPD. It provokes us to reflect the relationship among technology, policing, and our society. At a time when big data is increasingly penetrating our daily life, this book serves as a wake up call for those who are obsessed with technological solutions for social problems. Anyone interested in policing, big data, surveillance, criminal justice, and social control will benefit from reading this book. * Chen Shi, Asian Journal of Criminology *Predict and Surveil draws compellingly on the tools of ethnography to investigate the tools of big data. It reminds readers that data are inherently social and that ignoring the social processes through which data are collected, analyzed, and deployed risks extreme harms. * American Journal of Sociology *The author got access to observe the Los Angeles Police Department in operation and to see how "predictive policing" that relies on large-scale data collection and analysis actually works in practice. She reports that it opens the door to profiling individuals and neighborhoods, building detailed files on people who are not suspected of a crime, avoiding accountability through the use of outside contractors, increasing bias in sentencing, searching without a warrant, and other backward steps. * World Wide Work *excellent and timely book * Rachel Ferguson, The Library of Economics and Liberty *Table of ContentsAcknowledgements Abbreviations Chapter 1. Introduction: Policing Our Digital Traces Chapter 2. Policing by the Numbers: The Public History and Private Future of Police Data Chapter 3. Dragnet Surveillance: Our Incriminating Lives Chapter 4. Directed Surveillance: Predictive Policing and Quantified Risk Chapter 5. Police Pushback: When the Watcher Becomes the Watched Chapter 6. Coding Inequality: How the Use of Big Data Reduces, Obscures, and Amplifies Inequalities Chapter 7. Algorithmic Suspicion and Big Data: The Inadequacy of Law in the Digital Age Chapter 8. Conclusion: Big Data as Social Appendixes Notes Selected Bibliography Index

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisThere is an enormous scholarly literature on law''s treatment of religion. Most scholars now recognize that although the US Supreme Court has not offered a consistent interpretation of what ''non-establishment'' or religious freedom means, as a general matter it can be said that the First Amendment requires that government not give preference to one religion over another or, although this is more controversial, to religion over non-belief. But these rules raise questions that will be addressed in Legal Responses to Religious Practices in the United States: namely, what practices constitute a ''religious activity'' such that it cannot be supported or funded by government? And what is a religion, anyway? How should law understand matters of faith and accommodate religious practices?Table of Contents1. A history of ambivalence: how religion and US law have developed together Amanda Porterfield; 2. Commentary on religion's accommodation to American law and culture Timothy Hoff; 3. Against neutralism: faith based groups, discrimination, and state subsidy Corey Brettschneider; 4. Commentary on freedom of speech, equal citizenship, and the anti-caste principle: a commentary on regulating hate speech Bryan Fair; 5. Expanding the Bob Jones Compromise Caroline Mala Corbin; 6. Commentary on religious practice and sex discrimination: a case for toleration? Meredith Render; 7. Religious freedom and the nondiscrimination norm Richard W. Garnett; 8. Commentary on religious freedom and the nondiscrimination norm Paul Horwitz; 9. Freedom of religion or freedom of the church? Steven D. Smith; 10. Commentary on government for the time being William Brewbaker.

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Book SynopsisThis book provides a comprehensive analysis of the roots of institutionalization, deinstitutionalization legislation and policies of the twentieth century, and twenty-first-century efforts to promote community living policies domestically and internationally, particularly through the role of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), a landmark treaty adopted on 13 December 2006. Rimmerman shows that deinstitutionalization and community living cannot be examined only in terms of the number of institutions closed but also through the substantial change in values, legislation, and policies supporting personalization, as well as the social participation of people with disabilities. The book includes a significant exploration of United States legislation and important Supreme Court decisions compared with European policies toward community living. Finally it discusses the importance of Articles 12 and 19 of the convention and demonstrates the case of Israel that has used the convention as a road map for proposing a new community living policy.Table of Contents1. Introduction; 2. Theology, eugenics, and the roots of change; 3. The paradigm shift of Articles 12 and 19 of the UN Convention on the Rights of Persons with Disabilities (UNCRPD); 4. Unites States policy towards community living as aspects of non-discrimination; 5. European perspectives on the right to community living; 6. Comparing community living policies: United States vs Europe; 7. Promoting change in community living of people with intellectual disabilities: the case of Israel; 8. Closing remarks.

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Book SynopsisThis book critically examines socio-political constructions of risk related to sexual offending behaviour by and among children and young people and charts the rise of harmful sexual or exploitative behaviour among peers, drawing on a range of theoretical frameworks and primary research. Discussion of these behaviours is exhibited against a backdrop of the premature cultural sexualisation of contemporary childhood, which challenges traditional conceptions of childhood, victimhood and gendered sexual identities more broadly. It examines the complexities of peer-based sexual behaviours in a range of settings, including within organisational contexts such as schools and care homes, within families and peer-based relationships, as well as online contexts including sexting and cyberbullying. It draws out the myriad legal, practical and policy challenges of negotiating the boundaries between normal/experimental, risky/problematic and harmful sexual behaviour, and in particular the demarcation between coercion and consent, both for professionals as well as children and young people themselves.Trade Review'... Children as 'Risk' is a superb monograph that I would recommend to others without hesitation. Indeed, while ostensibly produced for an (interdisciplinary) academic audience, I am convinced that practitioners and public policy-makers alike will benefit from reading McAlinden's analysis ...' Laura Bainbridge, The British Journal of CriminologyTable of ContentsPart I. The Theoretical and Policy Context: 1. Conceptualising children as 'risk: an introduction; 2. Child sexual exploitation and abuse: a contemporary history of concerns; 3. The social and political construction of sexual offending concerning children; Part II. Children As 'Risk': Children and Young People Who Display Harmful Sexual or Exploitative Behaviour: 4. The emergence of harmful sexual behaviour; 5. Peer-to-peer grooming: a re-appraisal; 6. The nature and scope of peer-to-peer exploitation and abuse: towards a typology of 'harm'; 7. Legal and societal responses to 'risk'; Part III. Future Approaches: 8. Conclusion: re-imagining 'risk'.

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Book SynopsisThe Jewish Family: Between Family Law and Contract Law examines Jewish family law in the light of new attitudes concerning the role of women, assisted reproduction technologies, and prenuptial agreements. It will appeal to practitioners, activists, academic researchers and laymen readers interested in the fields of law, theology and social science.Table of Contents1. Regulating marital relations between spouses by consent; 2. 'Freedom of contract' in Jewish family law - the differences between the Babylonian and Palestinian Talmuds; 3. Is there really no conditional marriage?; 4. Temporary marriage - a possible solution to the problem of the Agunah?; 5. Towards establishing Halakhic parenthood by agreement?; Index; Bibliography.

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Book SynopsisThis volume takes a forward-looking, intellectually rich approach to understand how Engel's canonical article in law and society is shaping the discipline, and will be of interest to a wide variety of cultural and legal scholars and students.Table of ContentsPart I. Introduction and Contextualization: 1. Revisiting the oven bird's song Mary Nell Trautner; 2. The oven bird's song: insiders, outsiders, and personal injuries in an American community David M. Engel; 3. Emulating Sherlock Holmes: the dog that didn't bark, the victim who didn't sue, and other contradictions of the 'hyper-litigious' society Barbara Yngvesson; 4. Karl's law school, or the oven bird in Buffalo Alfred S. Konefsky; Part II. The Oven Bird's Insights into the Legal System and Legal Process: 5. Challenging legal consciousness: practice, institutions, and varieties of resistance Anna-Maria Marshall; 6. Client selection: how lawyers reflect and influence community values Lynn Mather; 7. Do jurors hear the oven bird's song? Valerie P. Hans; 8. Having a right but using it too: 'The Oven Bird's Song' about contracts Stewart Macaulay; Part III. Insiders, Outsiders, Class Conflict, and Difference: 9. Indigenous litigiousness: the oven bird's song and the miner's canary Eve Darian-Smith; 10. Listening for the songs of others: insiders, outsiders, and the legal marginalization of the working underclass in America Michael McCann; 11. Racing the oven bird: criminalization, rightlessness, and the politics of immigration Jamie Longazel; 12. Irresponsible matter: sublunar dreams of injury and identity Anne Bloom; 13. Student perceptions of (their) place in relationship to 'The Oven Bird's Song' Renee Ann Cramer; Part IV. Conflict and Law in Other Cultures: 14. The songs of other birds Anya Bernstein; 15. Imagined community and litigation behavior: the meaning of automobile compensation lawsuits in Japan Yoshitaka Wada; 16. Can 'The Oven Bird' migrate north of the border? Annie Bunting; Part V. Afterward: 17. Looking backward, looking forward: past and future lives of 'The Oven Bird's Song' David M. Engel.

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Book SynopsisThis book presents a long-term study of the activist campaign that contested the Botswana government''s much-publicized removal of the San and Bakgalagadi people from the Central Kalahari Game Reserve. Sapignoli''s multiple points of observation and analysis range from rural Botswana to the nation''s High Court, and a variety of United Nations agencies in their Headquarters, focusing on rights claimants and officials from NGOs, states and the United Nations as they acted on the grievances of those who had been displaced. In offering a comprehensive discussion of the San people and their claims-making through formal institutions, this book maintains a consistent focus on the increased recourse to law and the everyday experience of those who are asserting their rights in response to the encroachments of the state and the opportunities inherent in new indigenous advocacy networks.Trade Review'The legal battle waged by the San to defend their livelihoods from a history of dispossession has made their remote villages in the Central Kalahari into an epic battle-ground for elemental human rights and values. Sapignoli's meticulous account of this contest makes plain the complex mix of actors or interests in play, the daunting odds - and ever-present threat of appropriation - arraigned against her beleaguered litigants. Yet she mounts a compelling case against too simple a dismissal of the uses of insurgent lawfare: the San hunt for justice was no simple victory; but it has reshaped them as legal subjects, enabling new visions of entitlement and possibility.' John Comaroff and Jean Comaroff, Harvard University, Massachusetts'The book by Maria Sapignoli is a valuable contribution to the study of activism and social justice in Africa. Starting with the San case, the ethnographic research on which this volume is based has involved, in a creative and original way, the Kalahari villages, local NGOs, the Botswana High Court, and United Nations meetings. It is rigorous and exemplary in demonstrating the importance of comparative and multi-sited analysis, rich in generative ideas and theoretical connections that are useful for understanding the wider issues of indigenous rights, beyond the case in question.' Stefano Allovio, University of Milan'Invaluable contribution to debates on the indigenous legal turn. A powerful account of landmark litigation by San plaintiffs against Botswana after being forcibly evicted from the Kalahari. But as Maria Sapignoli explains, even a successful verdict does not ensure a favorable outcome, and may prolong rather than conclude their interactions with the legal system.' Stuart Kirsch, University of Michigan'Hunting Justice is a well-conceived, beautifully argued, and innovative study of a southern African indigenous peoples' social justice movement. In this momentous book, Maria Sapignoli assesses human rights, law and law-making, from global, regional, national and local perspectives. Places range from the United Nations to Botswana and small communities in the Central Kalahari Game Reserve. Drawing on court records and her own long-term fieldwork, Sapignoli focuses particular attention on the perspectives of the San and Bakgalagadi who have fought long and hard to retain their existence there and to have their rights to resources and livelihoods of their choice recognized in an African state.' Robert K. Hitchcock, University of New Mexico, and member of the board of Kalahari Peoples Fund'Sapignoli's book gives an excellent account of the complexities in the CKGR claim. It is also full of astonishing detail and up to date.' Alan Barnard, Emeritus Professor of Anthropology, University of Edinburg'As indigenous peoples gain greater visibility in their demands for recognition and rights, a book detailing the situation of injustice faced by the San (Bushmen) of Botswana and how they took their claims to the national courts and the UN is a truly welcome contribution. In Sapignoli's meticulous and superbly evocative account, we are given an insider's story of how an ignored and abused people fought against expulsion from their homelands and took their cause internationally.' Julian Burger, University of Essex, and Former Coordinator, Programme on Indigenous Peoples and Minorities, UN Office of the High Commissioner for Human RightsTable of Contents1. Introduction; 2. Unsettling the Central Kalahari; 3. The 'bushman problem'; 4. Getting organized: the social lives of San NGOs; 5. The San in the United Nations; 6. The court; 7. After judgment; 8. Litigating for a way of life; 9. Conclusions.

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Book SynopsisEvangelos Raftopoulos explores international negotiation as a structured process of relational governance that generates international common interest between and among international participants and in relation to the international public order. He challenges prescriptive models of negotiation - developed in international relations and positivistic approaches to international law, which artificially separate treaties from negotiation in the name of ''objectivity'' - and opens a window for looking at international negotiations from a novel, international law perspective. Using an interdisciplinary approach that incorporates law, philosophy, politics, and linguistics, he proposes a holistic, theoretical model of multilateral international negotiation that not only offers a ''subjective'' view of international law in practice but also demonstrates the importance of understanding the horizontal normativity of international ordering. This work should be read by academics and practitioners of international law and negotiations, officials of international organizations, and anyone else interested in international law and international relations.Trade Review'Raftopoulos challenges scholars of international relations and international law to think of the treaty process as an integrated set of interim, subjective practices. He promotes a relational theory that treats the links between negotiations and treaties as an ongoing process of promoting global welfare. His approach goes well beyond conventional strategic power based theories of international relations and static positive theories by international lawyers about the nature of multilateralism itself.' Peter M. Haas, University of Massachusetts, Amherst'When I was involved in negotiations for drafting treaties, I often had the feeling that the negotiators, rather than putting forward particular positions, were called to define an international common interest and to envisage a regime subject to future governance and re-negotiation. This book goes beyond feelings and subjects the process of building international common interests to a rigorous analysis within a solid theoretical approach.' Tullio Scovazzi, University of Milano-Bicocca, MilanProfessor Evangelos Raftopoulos presents a new and welcome perspective on the international negotiation process. Without doubt this in-depth and thought-provoking study of international negotiations of legal instruments will generate much discussion as he takes the reader through the matrix of the international negotiation process through both an intellectual and pragmatic lens. Professor Raftopoulos demonstrates his extensive knowledge of the complexities and intricacies of international negotiations in this masterfully written book.' Nilufer Oral, Istanbul Bilgi University and Member of the UN International Law Commission'Negotiations are traditionally perceived as belonging to the realm policy; the frequent end result of it, treaties, as belonging to the realm of law. This interesting and innovative study by a leading Greek international law scholar brings both strands together in the analysis as to how they contribute to the crystallization of international common interest.' Robert Kolb, University of Geneva'As a colleague of Professor Evangelos Raftopoulos, I would like to express my satisfaction that Cambridge University Press is publishing his book entitled International Negotiation: A Process of Relational Governance to International Common Interest. Although it is not evident from the title of this forthcoming book and the one that I received from Professor Raftopoulos many years ago, there are many problems and principles of public international law that form the basis of the content of both books. The title of the former book of Professor Raftopoulos that I mentioned is The Inadequacy of the Contractual Analogy in the Law of Treaties published in 1990. I congratulate Professor Raftopoulos for adding the interesting new book of the Greek Professor to the fundamental literature of international law.' Budislav Vukas, University of Zagreb'The South China Sea arbitration … is so far the first attempt by a claimant State in the South China Sea to resort the dispute to a third party forum … (and) it does not make a desired contribution to resolving the real dispute … Nevertheless, it does motivate China and ASEAN to speed up the negotiation on the consultation of the Code of Conduct. Raftopoulos' book, viewing international negotiation as a process of relational governance based on the analytical framework of international common interest, will shed light on countries who are in favor of preference for negotiation in managing international disputes. The book generates much discussion on the matrix of the international negotiation process through both an intellectual and pragmatic lens, and should be read by academics and practitioners of international law and negotiations, officials of international organizations, and anyone interested in the interdisciplinary study of international law and international relations.' Dr Nong Hong, Ocean YearbookTable of ContentsPart I. Theoretical Approaches to International Negotiations and International Common Interest; Section 1. The 'Theorization' of International Negotiation; Part II. The Negotiation Phases in the Conventional Construction of International Common Interest; Section 3. The Pre-Negotiation Phase as a Process of Transformative Governance.

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Book SynopsisIs the Russian justice system actually as unreliable, ineffective and corrupt as we are led to believe? This volume identifies a number of tensions in the everyday life experiences of justice that illuminate some of the less obvious layers of Russian legal tradition.Trade Review'A Sociology of Justice in Russia is the most analytically sophisticated and empirically rich volume ever produced on the everyday operation of the Russian legal system. While not ignoring the pathologies of Russian law that are widely covered in the Western press, this work highlights the ways in which ordinary Russian citizens seek - and often find - justice in their legal institutions. A Sociology of Justice in Russia is an essential read for all students of comparative law.' Eugene Huskey, William R. Kenan, Jr, Professor of Political Science, Stetson University, Florida'Based on solid empirical research, this valuable collection offers many insights into contemporary Russian legal culture and its continuing lack of institutional and professional autonomy. As case studies in different Russian courts suggest, it is what the editors call 'administerial justice' that is available for matters such as human trafficking, migration cases, defamation and criminal law. Despite the difficulties, Russian citizens increasingly seek to find ways to obtain justice through legal means.' David Nelken, King's College London'Rooted in an analysis which carefully considers a mixture of historical, social and political factors, this book provides a nuanced understanding of legal developments in post-Soviet Russia.' Paul Chaisty, University of Oxford'In conclusion, this excellent collection demonstrates … that adherence to the 'Western rule of law yardstick' seems to offer the best route to improving justice systems not only in the West, but also in Russia.' Simon Cosgrove, Europe-Asia StudiesTable of Contents1. An introduction to the sociology of justice in Russia Marina Kurkchiyan and Agnieszka Kubal; 2. The professionalisation of law in the context of the Russian legal tradition Marina Kurkchiyan; 3. To go to court or not? The evolution of disputes in Russia Kathryn Hendley; 4. The everyday experiences of Russian citizens in Justice of the Peace Courts Varvara Andrianova; 5. In search of justice: migrants' experiences of appeal in the Moscow City Court Agnieszka Kubal; 6. When business goes to Court: Arbitrazh Courts in Russia Timur Bocharov and Kirill Titaev; 7. Journalists, judges and state officials: how Russian courts adjudicate defamation lawsuits against the media Maria Popova; 8. Accusatorial bias in Russian criminal justice Peter H. Solomon, Jr; 9. Decision-making in the Russian criminal justice system: investigators, procurators, judges and human trafficking cases Lauren McCarthy; 10. The Richelieu effect: the Khodorkovsky case and political interference with justice Jeffrey Kahn; 11. Administerial justice: concluding remarks on the Russian legal tradition Marina Kurkchiyan and Agnieszka Kubal.

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Book SynopsisOver the last twenty years, the federal government has used a little known statute to overhaul many of the nation's largest police departments, including those in Los Angeles, Chicago, Seattle, New Orleans, Washington, DC, and many more. This book provides the first empirical evaluation of how this reform process works.Table of ContentsIntroduction; 1. The problem of police misconduct; 2. The intervention era; 3. Federal intervention in action; 4. Possibilities and limitations; 5. Moving forward: improving oversight of local police.

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Book SynopsisUsually, when we discuss racial injustice, we discuss racism in our public or political life. This means that we often focus on how the state discriminates on the basis of race in its application and enforcement of laws and policies. This book draws on the synergy of political theory and civil rights law to expand the boundary of racial justice and consider the way in which racial discrimination happens outside the governmental or public sphere. ''Private racism'' is about recognizing that racial injustice also occurs in our private lives, including the television and movie industry, cyberspace, our intimate and sexual lives, and the reproductive market. Professor Sonu Bedi argues that private racism is wrong, enlarging the boundary of justice in a way that is also consistent with our Constitution. A more just society is one that seeks to address rather than ignore this less visible form of racism.Trade Review'Anyone interested in racism and the role it has played and continues to play in the lives of people today would find this book fascinating.' Ana Marquez, Communication Booknotes QuarterlyTable of ContentsIntroduction; 1. Enlarging the boundary of racial justice; 2. Casting racism; 3. Digital racism; 4. Sexual racism; 5. Selling segregation; Conclusion: private injustice; Bibliography; Index.

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Book SynopsisIn recent years, law and religion scholarship has increasingly emphasized the need to study the interaction of legal and religious ideas and institutions, norms and practices. The overall question that this scholarship explores may be stated as follows: how do legal and religious ideas and institutions, methods and mechanisms, beliefs and believers influence each other, for better and for worse, in the past, present and future? This volume engages this area of scholarship by examining how law regulates religion, and how religion responds to such regulations. It examines underlying norms influencing state regulation of religion, and challenges emerging from such regulation. Importantly, this volume will go beyond the conventional enquiries that draw upon the Anglo-European approaches and experiences, and emphasize instead Asian perspectives in order to expand and build upon existing understandings about the complex relationship between law and religion.Trade Review'The strength of Regulating Religion in Asia lies in its detailed case studies, which show the diversity of different states' relationships with the religions in their jurisdictions. By taking a broad definition of regulation, the book goes beyond the broad constitutional idea of freedom of religion into the complex practicalities of regulating religion. In doing so, the different chapters also highlight the wide variety of political ideologies and the methods of regulating religion, which are practiced by the different states.' Helen Pausacker, Journal of Law and ReligionTable of Contentslntroduction: regulating religion in Asia: Part I. Theorizing Regulation: 1. Regulatory markers Arif A. Jamal; 2. Conceptualizing the regulation of religion Jaclyn L. Neo; 3. The role of authority and sanctity in state-religion conflicts Shai Wozner and Gilad Abiri; 4. Jurisdictional vs. official control: regulating the Buddhist Saṅgha South and Southeast Asia Ben Schontal; 5. Defining and regulating religion in early independent Indonesia Kevin Fogg; Part II. Regulating Religion: State Practice and Legal Norms: 6. Principled pluralism, relational constitutionalism and regulating religion within Singapore's secular democratic model Thio Li-ann; 7. Legal regulation of religion in Vietnam Bui Ngoc Son; 8. Regulating Buddhism in Myanmar: the case of deviant Buddhist sects Nyi Nyi Kyaw; 9. The bureaucratization of religious education in the Islamic Republic of Iran Mirjam Künkler; 10. Managing religious competition in China: case study of regulating social and charitable service provisions by religious organizations Jianlin Chen and Loveday J. Liu; Part III. Challenges to State Regulation: 11. Regulating religion through administrative law: religious conversion in Malaysia beyond fundamental rights Matthew Nelson and Dian Shah; 12. Legal pluralism, patronage secularism and the challenge of prophetic Christianity in Singapore Daniel Goh; 13. Equality in secularism: contemporary debates on social stratification and the Indian constitution Mohsin Alam; 14. Regulating the state and the Hawza: legal pluralism and the ironies of Shi'i law Haider Hamoudi.

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Book SynopsisThe first study to provide an analysis of multimodal communication in courts of law. It will interest language and law scholars, and researchers in the fields of gesture studies and social interaction in institutional contexts. It will also appeal to those interested in the adjudication of sexual assault.Trade Review'… this book compellingly re-examines what we mean when we talk about 'language and law' and effectively debunks the myth that law is only about words. It provides a fascinating steppingstone for future work in courtroom discourse.' Ana-Maria Jerca, The LINGUISTTable of ContentsAcknowledgements; List of transcription conventions; Introduction; 1. Multimodal conduct: what is it?; 2. Co-constructing expert identity; 3. The transformation of evidence into precedent; 4. Negotiating intertextuality; 5. Motives and accusations; 6. Nailing down an answer; 7. Exhibits, tapes, and inconsistency; 8. Material mediated gestures; 9. Rhythmic gestures and semanticity; 10. Conclusion; References; Index.

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Book SynopsisImmigration and Refugee Law in Russia confronts the issue of access to justice and the realisation of human rights for migrants and refugees in Russia. It focuses on everyday experiences of immigration and refugee laws and how they work ''in action'' in Russia. This investigation presupposes that the reality is much more complex than is generally assumed, as it is mediated by peoples'' varied positionalities. Agnieszka Kubal''s primary focus is on people, their stories and experiences: migrants, asylum seekers, refugees, immigration lawyers, Russian judges, and the Federal Migration Service officers. These actors speak with different voices, profess different ideologies, and hold opposite worldviews; what they hold in common is their importance to our understanding of migration processes. By this focus on individual views and opinions, Kubal highlights the complexity and nuance of everyday experiences of the law, breaking away from the portrayal of Russia as a legal and ideological monolith.Trade Review'In this engaging, insightful, and well-crafted ethnography, Kubal sheds light on the critical impact that the scarce resource of access to justice and to dedicated lawyers can make in immigrants' lives - in Russia and elsewhere. Highly recommended for academics and practitioners alike.' Cecilia Menjívar, Dorothy L. Meier Social Equities Chair, University of California, Los Angeles'This is a really splendid addition to the Law in Context series. Agnieszka Kubal has done us all a great service by showing, with meticulous socio-legal methodology, that Russian legality is much more complex than often supposed. In particular, immigration and refugee law, even in this authoritarian state, is not an empty shell, but can make a real difference through the activity of passionate and courageous advocates and activists - and even, on occasion, judges.' Bill Bowring, Director LLM/MA Human Rights, Birkbeck, University of London'We know too little about how law is experienced by the powerless. Kubal's book shines a welcome light on a corner of the Russian legal system that has been neglected for too long. She succeeds in capturing multiple points of view and weaves these empirical narratives together in a way that is reminiscent of Ewick and Silbey's The Common Place of Law. Kubal's book does an admirable job of capturing the day-to-day reality of Russian courts and deserves to be read by anyone interested in comparative legal systems.' Kathryn Hendley, William Voss-Bascom Professor of Law and Political Science, University of Wisconsin, Madison'Migration is one of the most pressing challenges that Europe faces now. Kubal produces a methodologically sound and empirically impressive study of contemporary Russian experience in this area. Looking beyond stereotypes and legislative texts, she tells the stories of people affected - above all, migrants and those who try to defend them from the system.' Dr Sergey Golubok, Human Rights lawyer, member of the St Petersburg Bar Association and the European Criminal Bar Association'This book - because Russia is one of the major but still under-researched immigration countries - is hugely important in three ways: it addresses a crucial research gap in migration studies, it is an excellent contribution to the study of policy implementation and it is an important case study on Russian politics in general.' Franck Düvell, Head of the Migration Department, German Centre for Integration and Migration Research, Berlin'A fascinating and nuanced ethnographic account of the legal experiences of migrants in Russia, along with the struggles of their lawyers, migration officials and judges hearing their cases. Many migrants suffered from the application of laws aimed at their control, if only because of the fetishization of legal documents or the quasi-criminalization of minor violations. Yet the noble efforts of the (usually female) lawyers helping migrants and the judges' occasional acceptance of human rights arguments led to happy endings for others. While the regulation of migration in Russia resembled practices found in other countries, its social meaning made the Russian amalgam unique, a conclusion illustrated by vivid personal stories.' Peter H. Solomon, Jr, Emeritus Professor of Political Science, Law and Criminology, University of Toronto'There are two ways to look at the operation of the Russian judiciary. One is to focus on miscarriages of justice in salient and often politically motivated cases. The other is to dismiss such cases and to argue that, in day-to-day enforcement, the rule of law is being maintained. This compelling account demonstrates how the Russian administration and judiciary practise arbitrariness against vulnerable migrants on a daily basis. While the study is limited to immigration, the situation in other fields of public law is no different, so this work should generate a broad interest.' Kirill Koroteev, Legal Director, Human Rights Centre 'Memorial', Moscow'This book constitutes a unique resource of immigration and asylum law and its enforcement in Russia; it is empirically rich and analytically nuanced. Kubal reveals who migrants and asylum seekers in Russia are, why they keep coming to the country and how the authorities deal with them. Sometimes, these are stories of life and survival; sometimes, the stories of broken hopes and disappointments on immigration trails. I highly recommend Kubal's work as essential to read for academics and migration policy-makers, but also - given its engaging style - the book should be of interest to a general audience.' Olga Gulina, Ph.D. in Law, Ph.D. in Migration Studies, founder and CEO of the RUSMPI UG - Institute on Migration Policy'Altogether, the book represents an important and timely contribution to the existing scholarship on Russian immigration and asylum law, a fascinating yet clearly under-researched area. Written in a lively and engaging style, the present study is highly recommended not only to scholars working in the fields of migration and mobility, but also to general readers broadly interested in the subject.' Aleksandra Jolkina, Europe-Asia StudiesTable of Contents1. Socio-legal perspectives on immigration and refugee law in Russia; 2. Immigration and refugee law in Russia: an overview of the legal environment; 3. Immigration and refugee lawyers as cause lawyers: cause lawyering with the grain?; 4. Everyday experiences of Russian immigration law: the entry bar case study; 5. Tracing the case file: culture of materiality in immigration and refugee law; 6. The use of human rights In Russian courts: analysis of judgments in immigration and refugee law cases; 7. Who are the humans behind the human rights cases? Migration cases from Russia to the European Court of Human Rights; Conclusions.

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