Legal systems: courts and procedures Books

470 products


  • The Devils Advocate

    Sweet & Maxwell Ltd The Devils Advocate

    Out of stock

    Book SynopsisThe Devil's Advocate , a best-selling advocacy manual in both the UK and the Commonwealth, brings a fresh approach to the Do's and Don'ts of good advocacy. Written with humour and style, the title explains clear techniques, taking the reader through the practical application of advocacy step-by-step. The Devil's Advocate has quickly become the leading handbook and practical guide to advocacy in any adversarial courtroom, in any country, to be read and carried about by any advocate.

    Out of stock

    £17.95

  • Actual Malice

    University of California Press Actual Malice

    15 in stock

    Book SynopsisA heroic narrative.One of The New Yorker's Best Books of 2023A detailed examination of . . . the landmark 1964 Supreme Court decision that defined libel laws and increased protections for journalists.The New York Times Book ReviewA deeply researched legal drama that documents this landmark First Amendment rulingone that is more critical and controversial than ever. Actual Malice tells the full story of New York Times v. Sullivan, the dramatic case that grew out of segregationists' attempts to quash reporting on the civil rights movement. In its landmark 1964 decision, the Supreme Court held that a public official must prove actual malice or reckless disregard of the truth to win a libel lawsuit, providing critical protections for free speech and freedom of the press. Drawing on previously unexplored sources, including the archives of the New York Times Company and civil rights leaders, Samantha Barbas tracks the saga behind one of the most important First Amendment rulings in history. She situates the case within the turbulent 1960s and the history of the press, alongside striking portraits of the lawyers, officials, judges, activists, editors, and journalists who brought and defended the case. As the Sullivan doctrine faces growing controversy, Actual Malice reminds us of the stakes of the case that shaped American reporting and public discourse as we know it.Trade Review"A law professor puts forth a detailed examination of New York Times v. Sullivan, the landmark 1964 Supreme Court decision that defined libel laws and increased protections for journalists, in the context of the civil rights movement." * The New York Times Book Review *"A new book, Actual Malice, by Samantha Barbas, a law professor and historian, unfurls the story of the case and reminds readers that the triumph of press freedom was an outgrowth of the civil-rights struggle. Versions of the story have been told before, perhaps most famously in Anthony Lewis’s "Make No Law" more than three decades ago. Yet Barbas deftly employs archival sources—notably from the Times, from the Martin Luther King, Jr., papers, and from the Southern Christian Leadership Conference—to shed new light. Her book illuminates the effect of libel suits on journalists’ ability to cover the movement, the legal strategies used against those suits, and the impact of the case on the civil-rights movement itself. A heroic narrative in which the litigation helped vanquish segregationists serves to underscore what Barbas calls the 'centrality of freedom of speech to democracy.'" * The New Yorker *“Barbas’s endorsement of the Sullivan decision is more nuanced than those of [Anthony] Lewis and [Aimee] Edmondson, and more reflective of the current moment. She appreciates the need for libel lawsuits at a time when ‘damaging falsehoods can spread online with a click, and reputations [can be] destroyed instantly.’ But she recognizes that the protections of Sullivan are needed as much, or more, by individuals as by media companies. The story of Sullivan, and of the precedent’s possible demise, reveals as much about our own times as it does the 1960s.” -- Jeffrey Toobin * The New York Review of Books *"One might think that another book-length history and analysis of New York Times v. Sullivan would be superfluous, given the quality of Lewis’s Make No Law and Hall and Urofsky's New York Times v. Sullivan: Civil Rights, Libel Law, and the Free Press. Actual Malice, however, may become the go-to book for combining both perspectives in a single volume and enhancing them with some archival sources that the other two books did not use." * Choice Reviews *"Actual Malice is concise yet thorough, crisply written, brimming with sharp observations, amply documented, and admirably acknowledges different points of view." * Law and Liberty *Table of ContentsIntroduction 1. All the News That's Fit to Print 2. Libel and the Press 3. The Paper Curtain 4. Heed Their Rising Voices 5. Montgomery v. The New York Times 6. Birmingham v. The New York Times 7. Doing Business in Alabama 8. "This New Weapon of Intimidation" 9. A Civil Rights Crisis 10. The Iron Curtain 11. Make No Law 12. Herbert Wechsler 13. Before the Court 14. Arguments 15. Actual Malice 16. Free, Robust, and Wide Open Acknowledgments Notes Archival Collections Index

    15 in stock

    £21.25

  • How To Represent Yourself in the Family Court

    Little, Brown Book Group How To Represent Yourself in the Family Court

    2 in stock

    Book SynopsisThis book covers areas such as contact between parents and children, where a child should live and with whom, where a child should go to school, domestic violence and many other issues where agreement may not be possible. It sets out the law in a way you will be able to understand and apply. and contains a wealth of practical tips to ensure that you present yourself and your case well throughout proceedings. It will guide you in drafting statements, addressing the court, answering questions during cross-examination and dealing with professionals at court.

    2 in stock

    £11.69

  • Mediation

    Edinburgh University Press Mediation

    15 in stock

    Book SynopsisThis handbook gives legal practitioners, students and new mediators practical guidance on the mediation process. Drawing on her experience as a mediator, academic and a businessperson, Marjorie Mantle takes a down-to-earth approach to mediation, pointing out the pitfalls as well as the benefits.Table of ContentsIntroduction 1; 1. What is Mediation?; 2. Key Principles; 3. Mediation in Practice; 4. SellingMediation; 5. Choosing a Mediator; 6. Role of the Legal Practitioner; 7. Mix'n'Match; Appendices: 1. Online dispute resolution; 2. Documentation; 3. Sample Contract for Services; 4. Sample Costs, Terms and Conditions; 5. Sample Agreement to Mediate; 6. Sample Settlement Agreement and Joint Minute; 7. Checklist for choosing a mediator; 8. Checklist for preparation; 9. Assessing mediator performance; 10. Checklist for assessing mediator performance; 11. Assessing your own performance; 12. Client profiles and predicting the future; 13. Confidentiality and Privilege; 14. Dispute resolution clauses; 15. Extra people at the meeting; 16. Our multicultural society and mediation; 17. Styles of mediation; 18. Historical background to mediation; 19. European Code of Conduct for Mediators; 20. Case Studies; 21. Useful references, by subject area; 22. Index.

    15 in stock

    £22.79

  • The Constitution in Congress The Federalist

    The University of Chicago Press The Constitution in Congress The Federalist

    15 in stock

    Book SynopsisAn examination of the US constitution, providing an analysis from a legal perspective of the first six congresses constituting the federalist period. The book aims to establish that the Constitution was forged, not in the courts, but in the legislative and executive branches of government.

    15 in stock

    £28.50

  • John Marshall

    Basic Books John Marshall

    1 in stock

    Book SynopsisIn 1801, a 45-year-old Revolutionary War veteran and politician, slovenly, genial, brilliant, and persuasive, became the fourth chief justice of the United States, a post he would hold for a record thirty-four years. Before John Marshall joined the Court, the judicial branch was viewed as the poor sister of the federal government, lacking in dignity and clout. After his passing, the Supreme Court of the United States would never be ignored again. John Marshall is award-winning and bestselling author Richard Brookhiser''s definitive biography of America''s longest-serving Chief Justice.Marshall (1755-1835) was born in Northern Virginia and served as a captain during the Revolutionary War and then as a delegate to the Virginia state convention. He was a friend and admirer of George Washington, and a cousin and enemy of Thomas Jefferson. His appointment to the Supreme Court came almost by chance-Adams saw him as the last viable option, after previous appointees declined

    1 in stock

    £22.50

  • Criminal Defence: Good Practice in the Criminal

    The Law Society Criminal Defence: Good Practice in the Criminal

    15 in stock

    Book SynopsisThis new edition of Criminal Defence offers a step-by-step guide to practice and procedure in all of the criminal courts. It covers the process in detail, from the role of the defence solicitor, through to shaping a case at the police station, to preparing for trial and finally action after acquittal or conviction and sentence. It also contains specific chapters on youths and clients at a disadvantage. Based on up-to-date case law, it is a best practice guide to being a criminal solicitor and complements the goals of the Law Society's Criminal Law Accreditation Scheme.Table of Contents1. The defence solicitor; 2. Legal and professional duties; 3. Obtaining core information for the file; 4. Maintaining file quality; 5. Managing the case; 6. Shaping the case in the police station; 7. Funding the case; 8. The defendant in custody; 9. Advising your client to plead guilty or not guilty; and on likely sentences if convicted; 10. Choosing a place of trial; 11. Preparing for sentence: plea of guilty or conviction; 12. Directions and case management for trial: special measures, bad character and hearsay; 13. Preparing for trial: analysing witness testimony and obtaining disclosure; 14. Preparing for trial: gathering evidence and analysing physical material; 15. Preparing for a Crown Court trial: process issues; 16. Youths; 17. Clients at a disadvantage; 18. Action after acquittal or conviction and sentence; Appendices.

    15 in stock

    £56.95

  • Oxford University Press Inc The Collapse of Constitutional Remedies

    1 in stock

    Book SynopsisTable of ContentsAcknowledgements Introduction Chapter 1: Blueprint Chapter 2: Building Chapter 3: Remedies Chapter 4: Collapse Chapter 5: Remains Coda Notes Index

    1 in stock

    £26.49

  • Nine Black Robes

    HarperCollins Publishers Inc Nine Black Robes

    10 in stock

    Book Synopsis

    10 in stock

    £24.74

  • Packing the Court The Rise of Judicial Power and the Coming Crisis of the Supreme Court

    Penguin Publishing Group Packing the Court The Rise of Judicial Power and the Coming Crisis of the Supreme Court

    15 in stock

    Book Synopsis From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.

    15 in stock

    £17.01

  • Supreme Court Decisions 06 Penguin Civic Classics

    Penguin Putnam Inc Supreme Court Decisions 06 Penguin Civic Classics

    10 in stock

    Book SynopsisA selection of the landmark Supreme Court decisions that have shaped American societyPenguin presents a series of six portable, accessible, and—above all—essential reads from American political history, selected by leading scholars. Series editor Richard Beeman, author of The Penguin Guide to the U.S. Constitution, draws together the great texts of American civic life, including the founding documents, pivotal historical speeches, and important Supreme Court decisions, to create a timely and informative mini-library of perennially vital issues.The Supreme Court is one of America's leading expositors of and participants in debates about American values. Legal expert Jay M. Feinman introduces and selects some of the most important Supreme Court Decisions of all time, which touch on the very foundations of American society. These cases cover a vast array of issues, from the powers of government and freedom of speech to freedom of rel

    10 in stock

    £12.75

  • The Jury A Very Short Introduction Very Short

    Oxford University Press Inc The Jury A Very Short Introduction Very Short

    1 in stock

    Book SynopsisFrom ancient Athens to modern Asia, cultures have wanted ordinary people involved in making legal decisions. This Very Short Introduction charts juries from antiquity through the English-speaking world and beyond to Europe, Latin America, Africa, and Asia. Today, juries have become a symbol of democracy and popular legitimacy.But in English-speaking countries, jury trials are declining. Civil juries have been virtually abolished everywhere except the United States, and plea bargaining is taking the place of criminal jury trials. In this book, Renée Lettow Lerner describes the benefits and challenges of using juries, including jury nullification. She considers how innovations from non-English-speaking countries may be key to the survival of citizen participation in the legal system.Along the way, the book tells how a small German state invented a way of using jurors that is now found around the world. And it reveals why some defendants preferred to be crushed to death by weights rather than convicted by a jury.Trade ReviewThis is a fascinating short book written with an international emphasis by an American academic who, like many of her US colleagues, values English common law perhaps more than we do. The book introduces the subject with consideration of two films made in the same period. They are To Kill a Mockingbird and 12 Angry Men (pictured), both of which have very different outcomes but deal with jury trial. * David Pickup, The Gazette *An excellent and fascinating short book written with an international emphasis. * Best Law Books of the Year 2023, The Law Gazzette *Table of ContentsList of illustrations Introduction 1. Why use lay jurors? The ancient and medieval world 2. Reasons for lay jurors in early modern and modern societies 3. Jury nullification 4. Who serves as a juror? 5. The scope and structure of the jury 6. The limitations of lay jurors 7. Jury control and avoidance 8. The Future of the Jury References Further reading Index

    1 in stock

    £9.49

  • Online Courts and the Future of Justice

    Oxford University Press Online Courts and the Future of Justice

    1 in stock

    Book SynopsisIn this book Richard Susskind, a pioneer of rethinking law for the digital age confronts the challenges facing our legal system and the potential for technology to bring much needed change. Drawing on years of experience leading the discussion on conceiving and delivering online justice, Susskind here charts and develops the public debate.Trade ReviewIn summary, Susskind's latest book is another extraordinary contribution to justice reform. It is an engaging work that will hopefully spark debate and reform. It is written with a lively tone and provides much food for thought about what our justice systems could look like now and into the future. * Tania Sourdin, University of Newcastle, Australia, Journal of Law and Society *... remains the most necessary and pressing legal text for every court user given the current climate... is not just for those with the power to effect change, it is for every single user who works in our court system... We have been given a miraculous opportunity to make a hundred years-worth of progress in less than a generation. We all have the duty to make this opportunity count, not just to turn up to work, make our money, and go home. Online Courts must be the foundation for all conversations, immediate and long term, about the future of our justice system. * Joseff Morgan, Counsel *Table of ContentsPART ONE - CONTEXT 1: The case for change 2: Advances in technology 3: Thinking strategically 4: Legal theory of courts 5: Physical, virtual, online hearings 6: Access to justice revisited PART TWO - ARCHITECTURE 7: The vision 8: Online guidance 9: Assisted argument 10: Containment 11: Online resolution by judges 12: Civil, criminal, family disputes 13: Case studies PART THREE - THE CASE AGAINST 14: Economy-class justice 15: Adversarial v investigatory 16: Open justice and fair trial 17: Face-to-face justice 18: Digital exclusion 19: Loss of majesty 20: Public sector technology PART FOUR - THE FUTURE 21: Machine learning and prediction 22: Technology-mediated negotiation 23: Artificial intelligence 24: Telepresence, augmented reality and virtual reality 25: The role for human beings Further Reading

    1 in stock

    £14.12

  • Earl Warren A Public Life

    Oxford University Press, USA Earl Warren A Public Life

    15 in stock

    Book SynopsisHow could the man who presided over so many controversial Supreme Court decisions and led such a notable political career seem to be, and be regarded as, a person of quite modest presence and abilities? White, a former law clerk to Warren, goes back to Warren's roots in Progressivism to demonstrate the underlying consistencies beneath the apparent paradoxes of the man's career.Trade Review"White's splendid new biography helps us to understand better Warren's remarkable career from district attorney of Alameda County, California, to Chief Justice of the United States....[It] establishes White as one of our premier legal historians."--American Bar Foundation Research Journal"The first significant legal biography of Chief Justice Earl Warren."--Stanford Law Review"White's analysis is penetrating, his literary style engaging."--Political Science Quarterly"A fascinating book about a towering figure of our time."--Virginia Quarterly Review"A serious and fascinating study, relating Warren the man and Warren the judge, and throwing fresh light on an amazing period in the Supreme Court's history."--Anthony Lewis, The New York Times Book Review"Seems likely to serve for some time as the standard against which other biographies of the controversial chief justice will be measured."--American Historical Review"An excellent introduction to a major figure in twentieth-century American history...solid, informative, and perceptive."--Journal of American History"Mr. White has written an exciting biography of this great man and provided...a wealth of material for the continuing debate over Warren's role."--The New Republic"A first-rate biography."--Journal of Southern History"The most important book about the law published this year. Both a fresh exploration of one of the most astonishing political metamorphoses in American history, and a profound but readable explanation of some of the main problems of constitutional law and jurisprudence."--Baltimore Sun"White has gone beyond the labels and given us the man....[He] makes a serious and usually successful effort to show us the people and forces, events, idea, plans and accidents that made Warren what he became."--Los Angeles Times"White is remarkably successful....[He] develops a thesis of Warren's decision-making process with which every future Warren biographer or Supreme Court historian will have to cope."--Washington Post Book World"White's 'interpretive biography' of Earl Warren as Jurist and Man rather than lengthy life history is particularly well suited to political science classes and teaches the richness of the American judicial process in the life of a most interesting Chief Justice."--Bradley S. Chilton, University of Southern Mississippi"[A] valiant biography....Thanks to White's honesty, skill, and diligence, it is a reliable collection of materials providing an opportunity to appraise Warren's judicial performance as a whole, an opportunity that non-specialists rarely have for any member of the Court."--Yale Law Journal

    15 in stock

    £44.17

  • A History of the Supreme Court

    Oxford University Press A History of the Supreme Court

    15 in stock

    Book SynopsisA lucid, lively, and definitive one-volume history of the USA''s highest court. Schwartz ranges from the earliest history of court dress to history''s most important cases in this illuminating examination.Trade Reviewthe best one-volume history of the US Supreme Court * Library Journal *

    15 in stock

    £18.89

  • Trial Consulting American PsychologyLaw Society Series

    Oxford University Press Inc Trial Consulting American PsychologyLaw Society Series

    1 in stock

    Book SynopsisIn its roughly 25 years of existence, the trial consulting profession has grown dramatically in membership, recognition , and breadth of practice. What began as a small activist group of social scientists volunteering their expertiseto assist in the defence of Vietnam War protestors has evolved into a diverse set of professionals from a range of educational and professional backgrounds.In spite of such enormous growth, the work of trial consultants has gone largely unexamined. Trial Consulting takes an in-depth look at the primary activities of trial consultants, including witness preparation, focus groups and mock trials, jury selection, change of venue surveys, and attorney presentation style. It also examines the profession''s struggle to define itself, resisting certification and licensure requirements and settling instead for a set of practice standards. The authors draw upon empirical and other scholarly work in the social sciences, recommended best practices from trial lawyers, Trade Review"Posey and Wrightsman have produced an essential book for anyone interested in the fast-growing but still largely unknown field of trial consulting. The book discusses the history of the field, who trial consultants are and how they are trained, what trial consultants do, and the ethical issues involved. Anyone interested in the legal system and the trial process will find this book to be a fascinating state-of-the-art glimpse into the world of the jury, the attorneys, and the people to whom the attorneys turn in order to refine their cases. From pretrial motions, to the trial itself, and into the jury room, this book uses both interesting case examples as well as solid psychological research to take the reader behind the scenes of the trial process."--Solomon M. Fulero, Ph.D., J.D., Professor of Psychology, Sinclair College, Past President, American Psychology-Law Society, Dayton, Ohio "This excellent work is about far more than trial consulting. While Drs. Posey and Wrightsman take an honest look at the trial consulting profession, they also manage to educate litigators and researchers alike about current jury decision-making trends. An important read for anyone working as or with a trial consultant."--Karen Lisko, Ph.D., Senior Litigation Consultant, Persuasion Strategies, Past President of the American Society of Trial Consultants, Denver, Colorado "This book is long overdue. With the field of trial consulting still growing, Drs. Posey and Wrightsman attempt the difficult task of providing a balanced review of who litigation consultants are, what services they provide, and how their services work collaboratively with trial attorneys to benefit their clients and the legal process. This informative book provides an introduction to trial consulting by firmly grounding the field both in the social science literature and real-world applications. Additionally, the authors' discussion of many case-specific examples provides insight into the trial consultant's role with respect to a wide variety of cases for clients both large and small."--Merrie Jo Pitera, Ph.D., President, Litigation Insights, Inc., Overland Park, Kansas "Drs. Posey and Wrightsman hold our feet to the fire with cutting inquiries into ethics and effectiveness. In a field still defining itself, the authors' analysis will shape the debate about what is reasonable to expect from a trial consultant."--Lisa Dahl, President, Litigation Consultants, Inc., Lawrence, Kansas "Trial Consulting takes a comprehensive and provocative look at the field of trial consulting in the United States. In a book rich in data and details surrounding the most critical phases of trail practice, Posey and Wrightsman rip open the mystique surrounding this profession and raise some important issues as to the direction in which it should move."--Psychiatric Services "Posey and Wrightsman have produced an essential book for anyone interested in the fast-growing but still largely unknown field of trial consulting. The book discusses the history of the field, who trial consultants are and how they are trained, what trial consultants do, and the ethical issues involved. Anyone interested in the legal system and the trial process will find this book to be a fascinating state-of-the-art glimpse into the world of the jury, the attorneys, and the people to whom the attorneys turn in order to refine their cases. From pretrial motions, to the trial itself, and into the jury room, this book uses both interesting case examples as well as solid psychological research to take the reader behind the scenes of the trial process."--Solomon M. Fulero, Ph.D., J.D., Professor of Psychology, Sinclair College, Past President, American Psychology-Law Society, Dayton, Ohio "This excellent work is about far more than trial consulting. While Drs. Posey and Wrightsman take an honest look at the trial consulting profession, they also manage to educate litigators and researchers alike about current jury decision-making trends. An important read for anyone working as or with a trial consultant."--Karen Lisko, Ph.D., Senior Litigation Consultatnt, Persuasion Strategies, Past President of the American Society of Trial Consultants, Denver, Colorado "This book is long overdue. With the field of trial consulting still growing, Drs. Posey and Wrightsman attempt the difficult task of providing a balanced review of who litigation consultants are, what services they provide, and how their services work collaboratively with trial attorneys to benefit their clients and the legal process. This informative book provides an introduction to trial consulting by firmly grounding the field both in the social science literature and real-world applications. Additionally, the authors' discussion of many case-specific examples provides insight into the trial consultant's role with respect to a wide variety of cases for clients both large and small."--Merrie Jo Pitera, Ph.D., President, Litigation Insights, Inc., Overland Park, Kansas "Drs. Posey and Wrightsman hold our feet to the fire with cutting inquiries into ethics and effectiveness. In a field still defining itself, the authors' analysis will shape the debate about what is reasonable to expect from a trial consultant."--Lisa Dahl, President, Litigation Consultants, Inc., Lawrence, Kansas "Trial Consulting takes a comprehensive and provocative look at the field of trial consulting in the United States. In a book rich in data and details surrounding the most critical phases of trail practice, Posey and Wrightsman rip open the mystique surrounding this profession and raise some important issues as to the direction in which it should move."--Psychiatric ServicesTable of Contents1. Trial Consulting: Does It Help Achieve the Cause of Justice? ; 2. Witness Preparation ; 3. Change of Venue ; 4. Small Group Research ; 5. Trial Strategies and Procedures ; 6. What Do We Know about Jury Deliberations and the Determinants of Jury Decisions? ; 7. Jury Selection - Measures of General Bias ; 8. Jury Selection - Case-specific Approaches ; 9. Jury Selectionn - Effectiveness and Ethics ; 10. What Needs to be Changed?

    1 in stock

    £60.00

  • Oliver Wendell Holmes Jr Lives and Legacies

    Oxford University Press Oliver Wendell Holmes Jr Lives and Legacies

    15 in stock

    Book SynopsisKnown as the Great Dissenter, Oliver Wendell Holmes, Jr. wrote some of the most eloquent opinions in the history of the United States Supreme Court. A brilliant legal mind who served on the high court into his nineties, Holmes was responsible for some of the most important judicial opinions of the twentieth century. Now, in this superb short biography, G. Edward White offers readers a lively, informative portrait of this singular individual. The book first sketches Holmes''s early years--his childhood in Boston, his undergraduate years at Harvard (which his father and both grandfathers also attended), and his valiant service in the Civil War, during which he was severely wounded three times. After the war, Holmes went into private law practice, wrote his landmark treatise The Common Law in 1881, had a short tenure on the Harvard Law School faculty, and spent 20 years as a judge on the Supreme Judicial Court of Massachusetts before being named to the U.S. Supreme Court. The author focuses on his remarkable 30-year service as a Supreme Court Justice, beginning in 1902, and details Holmes''s most significant cases--Abrams v. United States, Northern Securities Co. v. United States, Lochner v. New York, Schenck v. United States, and others--which limited working hours, set a mandatory minimum wage, protected women''s rights, legalized labor unions, and defined freedom of speech. These decisions--as well as The Common Law--are highly regarded to this day. A new volume in the Lives and Legacy series, this marvelous short biography offers an ideal introduction to a towering figure in American law.Trade Review"G. Edward White has crafted both an exceptional biography of Justice Oliver Wendell Holmes, Jr., and an incomparable example of American judicial biography. Holmes leaps from every page--philosophical skeptic, poet, lover of literature, adventurer, and seminal figure of law and the Supreme Court. While Holmes was the oldest justice to ever serve, White convincingly reminds us that he has never become obsolete." --Kermit L. Hall, editor of The Oxford Companion to the Supreme Court of the United States, Second Edition "G. Edward White has crafted both an exceptional biography of Justice Oliver Wendell Holmes, Jr., and an incomparable example of American judicial biography. Holmes leaps from every page--philosophical skeptic, poet, lover of literature, adventurer, and seminal figure of law and the Supreme Court. While Holmes was the oldest justice to ever serve, White convincingly reminds us that he has never become obsolete." --Kermit L. Hall, editor of The Oxford Companion to the Supreme Court of the United States, Second Edition

    15 in stock

    £19.34

  • The Pursuit of Justice

    Oxford University Press The Pursuit of Justice

    15 in stock

    Book SynopsisWith a survey of the thirty Supreme Court cases that, in the opinion of U.S. Supreme Court justices and leading civics educators and legal historians, are the most important for American citizens to understand, The Pursuit of Justice is the perfect companion for those wishing to learn more about American civics and government. The cases range across three centuries of American history, including such landmarks as Marbury v. Madison (1803), which established the principle of judicial review; Scott v. Sandford (1857), which inflamed the slavery argument in the United States and led to the Civil War; Plessy v. Ferguson (1896), which memorialized the concept of separate but equal; and Brown v. Board of Education (1954), which overturned Plessy. Dealing with issues of particular concern to students, such as voting, school prayer, search and seizure, and affirmative action, and broad democratic concepts such as separation of powers, federalism, and separation of church and state, the book co

    15 in stock

    £19.94

  • Elements of Contract Interpretation

    Oxford University Press Elements of Contract Interpretation

    15 in stock

    Book SynopsisThis book describes and analyzes the law of contract interpretation in the United States, offering a strong guide for legal practitioners, judges, and scholars involved in contract law. Structured along two dimensions, Elements of Contract Interpretation first takes a look at the elements within contract interpretation. This includes the particular sources of evidence, the building blocks of interpretation that the courts recognize when interpreting contracts. Such examples include the governing contract terms; the circumstances when the contract is made; each party''s purpose; usages; and the maxims of contract interpretation. The second dimension is three theories of contract interpretation - literalism, objective theory, and subjective theory. Each theory allows a court to recognize a different set of interpretive elements, and, in practice, how the law of different jurisdictions in the U.S. endorse one theory or another. Since some jurisdictions combine theories within a two- or tTrade ReviewBurton's challenging analysis constitutes an enormously valuable contribution to our understanding of contractual interpretation issues. * John D. McCamus, York University, UK *Table of ContentsPreface ; Chapter 1: Goals, Tasks and Theories ; Chapter 2: The Elements ; Chapter 3: Identifying the Terms ; Chapter 4: The Ambiguity Question ; Chapter 5: Resolving Ambiguities ; Chapter 6: Objective Contextual Interpretation ; Index

    15 in stock

    £79.20

  • Measuring Judicial Activism

    Oxford University Press, USA Measuring Judicial Activism

    15 in stock

    Book SynopsisMeasuring Judicial Activism supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. Complaints about activist Court decisions are common within contemporary political discourse, but these objections often have little substantive meaning beyond the speaker''s disagreement with particular case outcomes. Frequently debated by legal scholars, judicial activism is shaped by the participants'' ideological perspectives as well as by their subjective views regarding ambiguous constitutional provisions. Although no study can be perfectly objective, Measuring Judicial Activism seeks to move beyond these more subjective debates by conceptualizing activism in non-ideological terms, identifying specific empirical dimensions to the concept, and measuring those dimensions using systematic social scientific techniques. In so doing, the book allows the authors to assess the relative activism of recent justices on the Court. Stefanie LindquisTrade Review"Measuring Judicial Activism is a serious, scholarly work that nearly all academic law libraries will want to purchase." -- Law Library Review "Lindquist and Cross seek to move beyond subjective debates about judicial activism on the US Supreme Court by conceptualizing activism in nonideological terms, identifying specific empirical dimensions to the concept, and measuring those dimensions using systematic techniques. Examining the Court's exercise of judicial review to invalidate legislative and executive action and the justices' willingness to expand the Court's power by granting litigants increased access to the courts, they assess the relative activism of recent justices on the Court." --Law & Social Inquiry, Fall 2009Table of Contentsn/a

    15 in stock

    £79.20

  • Getting the Government America Deserves

    Oxford University Press Getting the Government America Deserves

    15 in stock

    Book SynopsisIn order to be effective, federal ethics law must address sources of systematic corruption rather than simply address motives that individual government employees might have to betray the public trust, such as personal financial holdings or family relationships. Getting the Government America Deserve articulates a general approach to combating systemic corruption as well as some specific proposals for doing so. Federal ethics law is relatively unknown in legal academia and elsewhere outside of Washington, D.C., but it is binding on over one million federal employees. Lobbyists, federal contractors, lawyers and others who interact with the federal government are also deeply interested in federal ethics law and represent a surprisingly large market for a little-studied area of the law. Getting the Government America Deserve analyzes government ethics law from the perspective of an academic critic and that of a lawyer who was the chief White House ethics lawyer for two and a half years. Trade Review"Government ethics is an area of the law that is not written about by legal academics and lawyers as much as it should be; it influences everything from how billions of dollars of taxpayer money are spent, to who gets top political appointments and whether this country is at war or at peace. Richard Painter offers concrete ideas for distancing government officials from lobbyists, campaign fundraisers, trade associations and other special interests that can easily drown out the voices of ordinary Americans. His experience includes being the chief White House ethics officer during one of the most challenging times in our recent history. His book has an intriguing set of proposals to address issues that are critical for our country's future. He addresses root causes of corruption in today's government while recognizing that many people in public life want to serve the public rather than special interests." -Walter Mondale, 42nd Vice President of the United States "Getting the Government America Deserves offers a comprehensive analysis and overview of ethics in government in early twenty-first century America. Melding practical experience at the highest levels and the knowledge and perspective gained from years of researching and teaching in the area, Painter provides a thoughtful perspective on crucial questions of accountability, transparency, and integrity in government. This is an original and important contribution that should be of interest to policymakers, attorneys, scholars, teachers, and anyone else who is concerned with how society should regulate the conduct of high-level government officials." -Geoffrey P. Miller, New York University School of Law "Everyone is in favor of ethics, and particularly ethics in government. But once we move from the abstract to the concrete, agreement fades. Professor Richard Painter is in a unique position to contribute to the debate. He is a law professor, the author of several articles, and a book on legal ethics. He was instrumental in persuading Congress to require any lawyer who represents a corporation to report known fraud up the ladder to senior management, and if that does not work, to the client's board of directors. And, he was former ethics counsel for President George W. Bush. His new book, Getting the Government America Deserves, gives us an inside look at how President Bush dealt with issues of government ethics and what President Obama can learn from that experience. This is the book that every well-informed citizen should read. Professor Painter offers substantial concrete proposals to clean up corruption in Washington." l-Ronald D. Rotunda, Chapman University School of LawTable of ContentsChapter 1 ; Government Ethics Rules That Don't Work When We Need Them, Rules We Have That We Do Not Need, And Rules We Need But Don't Have At All ; Gifts and Travel ; Financial Disclosure ; Financial Conflicts of Interest ; Insider Trading ; Covered Relationships and the Impartiality Rule ; The Revolving Door ; Odd Ball Ethics Rules the Executive Branch does not need but Congress thinks it does ; Congress's Rules for Itself - Stringency or Hypocrisy? ; The Rules ; The Honest Leadership and Open Government Act ; Can there be better rules? ; Chapter 2 ; Implementation and Enforcement of Government Ethics Rules - How Big are the Gaps in the System? ; Sex, Drugs, and Rock and Roll - and Matters of Money and Revolving Doors - in Clearing the President's Nominees ; Ethics Training, Monitoring and Enforcement at the Agency Level ; The Office of Government Ethics - An Overworked and Underappreciated Agency ; Inspectors General. Does the White House need one? ; Special Government Employees ; Outsourcing Government Functions - but not Ethics - to Private Contractors ; Chapter3 ; Bagmen in Black Tie or Professional Intermediaries - The Growth of Lobbying and Prospects for Reform ; A Short History ; The Influence of Lobbyists ; K-Street Society on the banks of the Potomac ; Use and Abuse of K Street's Power ; Why the disclosure regime is inadequate and why we need substantive regulation of lobbyists ; Chapter 4 ; Off the Books Lobbying, Electioneering and the Special Purpose Entities that Do It ; Think tanks ; Public Policy Groups ; Legal Policy Groups ; Single Issue Advocacy Groups ; Foreign Governments, Their Friends and Enemies ; Foreign Policy Advocacy Organizations ; Religious Advocacy Groups ; Trade and Industry Associations ; 501c(4) Organizations and 527s ; The Overall Impact of Washington's Special Purpose Entities ; Chapter 5 ; The Official White House Office of Political Affairs, the Unofficial Office of Political Affairs, and Personal Capacity Political Activity by Government Officials ; Chapter 6 ; Building a Bridge to Somewhere - A Perspective on the Cost of Earmarks from the Banks of the Mississippi ; Chapter 7 ; Campaign Finance - The Elephant and Donkey in the Room ; Chapter 8 ; Beyond Ethics and Back - What is Wrong with Government Decision Making? ; Ethics Officials' Scope of Authority is too Narrow ; Government Lawyering is sometimes Excessively Political and Insufficiently Objective ; No Matter how Many Times they Make the Same Mistake, Government Officials Still Succumb to the Psychology of the Cover-up ; Afterword ; Index

    15 in stock

    £85.50

  • Storytelling for Lawyers

    Oxford University Press Storytelling for Lawyers

    15 in stock

    Book SynopsisGood lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanationTrade ReviewAny law student or lawyer who wants to develop their skills practicing the facts should benefit from studying Storytelling for Lawyers. * Jennifer Romig, Listening Like A Lawyer *The simple yet elegant manner in which Philip Meyer illustrates this anecdotal structure makes [Storytelling for Lawyers] a must-read... This book can benefit law professors and students alike, as well as, the most accomplished lawyers, and should be kept on hand at all times. * Keith Williams, American Bar Association for Law Students *'Make no mistake about it - lawyers are storytellers. It is how we make our livings,' Philip N. Meyer tells us, and convincingly proves, in his extraordinary Storytelling for Lawyers. Brilliantly exploring how issues of voice, plot, characterization, language, and narrative structure inform every aspect of the practice of law, Meyer tells a story no one in legal scholarship or practice has ever told before. Everyone, in every area of law, from beginning students to the most erudite scholars and accomplished practitioners, will profit substantially from this book. * Lawrence Joseph, author of Lawyerland *Readers of the book will come away with a deep appreciation of the possibilities for interplay between stories in law and in the broader culture, beyond anything that they can obtain from any other book with which I am familiar. * Neal Feigenson, author of Legal Blame: How Jurors Think and Talk About Accidents *Breathtaking in its sophistication, Storytelling for Lawyers is an unparalleled introduction to the art of legal storytelling. Meyer leads us through a fascinating and sometimes counterintuitive exploration of the building blocks of a good story - characters, plots, themes, and all the rest. Lawyers and law students everywhere should read this book, mark it up, and keep a battered copy within easy reach. * Linda H. Edwards, author of Legal Writing, Process, Analysis, and Organization and Readings in Persuasion: Briefs that Changed the World *No one knows the terrain, the feel, and the reach of stories better than Philip N. Meyer. What he tries to do, and does so brilliantly in Storytelling for Lawyers is to take readers 'inside' the story. It's hard to imagine a storytelling lawyer who couldn't benefit from Meyer's book. * James R. Elkins, Editor of Legal Studies Forum and Lawyer Poets and That World We Call Law *How lawyers tell stories to juries and judges is the subject of Meyer's recently published book, Storytelling for Lawyers. The book is intended not just for law students learning how to craft persuasive arguments, but for lay people simply curious about how popular culture, literature and the canon of case law mesh in the modern legal system. * Valley News *An excellent primer on narrative theory for lawyer-storytellers has now appeared... Meyer's book is a great story about lawyers telling stories. He brings his lawyer-storytellers to life and critiques their narrative efforts with great delight. I welcomed his reminder that the best lawyers can be and are artists. * MARQUETTE UNIVERSITY LAW SCHOOL FACULTY BLOG *Philip N. Meyer's splendid book, Storytelling for Lawyers, is both an explanation of this phenomenon and a master class on what makes an effective story and how to construct one. * David R. Dow, Rice University, Vermont Law Review *For me, the ultimate test of any book that makes recommendations about the practice of law is whether I can use the information it conveys now. This book proved an immediate help for me in working on an appellate brief... I don't know that I'll make to the promised land of the perfect brief, but now I have stronger sense of what it will read like. * greenleafadvocacy.com *Meyer's argument is not only about constructing a story, it is also about the use of compelling language... the text could be put to excellent use in a law & humanities classroom as a starting point for students to conduct similar narrative analysis of court filings and transcripts. * Jinee Lokaneeta, Law and Society Review *Storytelling for Lawyers is a well-done exploration of legal storytelling and would be well placed in any lawyer's toolbox of practical works. This title is recommended for attorneys and for law libraries that collect practice-oriented materials. * Christine Timko, Law Librarian, Nevada Supreme Court Law Library, Law Library Journal *If I were teaching a course devoted to advanced persuasive legal writing or to trial or appellate advocacy, Storytelling for Lawyers would be one of the required texts. * Diane Kraft, Assistant Professor of Legal Research and Writing, University of Kentucky College of Law, Legal Writing Institute The Second Draft *Table of ContentsChapter 1 - Introduction ; I. Lawyers are Storytellers ; II. Legal Arguments are Stories in Disguise ; III. The Parts of a Story ; IV. Movies and Closing Arguments ; Chapter 2 - Plotting I: The Basics ; I. What is Plot? ; II. Plot Structure in Two Movies ; Chapter 3 - Plotting II: Plot Structure in a Closing Argument to a Jury in a ; Complex Torts Case ; I. The <"Back Story>" ; II. Annotated Excerpts from Spence's Closing Argument on Behalf of Karen ; Silkwood ; III. Concluding Observations ; Chapter 4 - Character Lessons: Character, Character Development, and ; Characterization ; I. Introduction: Why Emphasize Movie Characters in Legal Storytelling? ; II. What is Character, and Why Is It Important to Legal Storytellers? ; III. Flat and Round Characters and Static and Changing ; Characters-High Noon Revisited ; IV. Techniques of Character Development and Characterization-Excerpts ; from Tobias Wolff's This Boy's Life ; Chapter 5 - Characters, Character Development, and Characterization in a ; Closing Argument to a Jury in a Complex Criminal Case ; I. The <"Back Story>" ; II. Excerpts from the Opening: Act I-<"The Setup>" and <"Confrontation>" ; III. Concluding Observations ; Chapter 6 - Style Matters: How to Use Voice, Point of View, Details and ; Images, Rhythms of Language, Scene and Summary, and Quotations and ; Transcripts in Effective Legal Storytelling ; I. Back Story: Grading Law School Examinations ; II. Preliminary Note: <"Voice>" and <"Style>" ; III. Voice and Rhythm: <"Staying on the Surface>" ; IV. The Use of Scene and Summary: <"Showing and Telling>" ; V. Telling in Different Voices ; VI. Perspective or Point of View ; VII. Several Functions of Perspective: How Does Perspective (Point of View) ; Work, and What Work Does it Do? ; VIII. Concluding Observations ; Chapter 7 - A Sense of Place: Settings, Descriptions and Environments ; I. Introduction ; II. Dangerous Territory: Contrasting Settings Evoking Danger and Instability in ; Joan Didion's <"The White Album>" and the Judicial Opinion in a Rape Case ; III. More Dangerous Places Where Bad Things Happen: Use of Physical ; Descriptions and Factual Details to Create Complex Environments in W.G. ; Sebald's The Emigrants and the Petitioners' Briefs in Two Coerced Confession ; Cases ; IV. Settings and Environment as Villains and Villainy in the Mitigation Stories ; of Kathryn Harrison's While They Slept and the Petitioner's Brief in ; Eddings v. Oklahoma ; V. Concluding Observations ; Chapter 8 - Narrative Time: A Brief Exploration ; I. Introduction ; II. The Ordering of Discourse Time ; III. Concluding Observations ; Chapter 9 - Final Observations: Beginnings and Endings

    15 in stock

    £27.44

  • A Court of Specialists

    Oxford University Press A Court of Specialists

    Out of stock

    Book SynopsisThis book offers the first quantitative study of decision-making on the UK Supreme Court. Covering the court''s first ten years, it examines all stages of the court''s decision-making process--from permission to appeal to the decision on the final outcome. The analysis of these distinct stages shows that legal factors matter. The most important predictor of whether an appellant will succeed in the Supreme Court is whether they''ve been able to convince judges in lower courts. The most important predictor of whether a case will be heard at all is whether it has been written up in multiple weekly law reports.But legal factors mattering doesn''t mean that judges on the court are simply identical expressions of the law. The nature of the UK''s court system means that judges arrive on the court as specialists in one or more areas of law (such as commercial law or family law), or even systems of law (the court''s Scottish and Northern Irish judges). These specialisms markedly affect behavior on the court. Specialists in an area of law are more likely to hear cases in that area, and are more likely to write the lead opinion in that area. Non-specialists are less likely to disagree with specialists, and so disagreement is more likely to emerge when multiple specialists end up on the panel. Although political divisions between the justices do exist, these differences are much less marked than the divisions between experts in different areas of the law. The best way of understanding the UK Supreme Court is therefore to see it as a court of specialists.Trade ReviewHanretty's A Court of Specialists paints a picture of the complexity of human decision-making and how political science identifies what factors might influence future judicial outcomes. Specialisation of the Justices is just one such factor, but a very important one. It is a commendable read: detailed, interesting and retaining a charming human touch, amidst the impressive presentation of data models. One can easily become immersed in the statistics, figures and models, but the human importance of the Court's work is never far from reach. * Emma Boffey, CMS Cameron McKenna Nabarro Olswang LLP , UK Supreme Court Blog *The book is a brave attempt to provide statistical evidence showing that Supreme Court judgments are much more influenced by legal factors than by other factors... it is a thoroughly rigorous piece of research that deserves a wide readership. * Brice Dickson, Professor Emeritus at Queen's University Belfast, New Law Journal *Hanretty is not a lawyer, and so is able to look at these things with a fresh and potentially objective eye. Whether he is right in his methods or conclusions is perhaps of secondary importance: the point is that he makes us look at the court through a different lens. * Paul Magrath, Head of Product Development and Online Content at ICLR - the leading supplier of law reports for England and Wales, ICLR Reviews *A Court of Specialists Judicial Behavior on the UK Supreme Court is an important and novel book that students and scholars of judicial decision making should read. * Jennifer Bowie, Law and Politics Book Review *Table of ContentsPreface Chapter 1 Introduction Chapter 2 Key concepts Chapter 3 Who gets heard? Permission to appeal decisions Chapter 4 Panel size Chapter 5 Panel formation Chapter 6 Who writes? Chapter 7 Who dissents? Chapter 8 Political patterns of dissent Chapter 9 Who wins? Chapter 10 Conclusions References

    Out of stock

    £83.30

  • Personalized Law

    Oxford University Press Inc Personalized Law

    Out of stock

    Book SynopsisWe live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform.Trade ReviewThis book is an excellent opening salvo. The writing is clear and the matter investigated from many angles. * Tom Proverbs-Garbett, Law Society Gazette *The authors offer a highly readable, carefully argued case for a most provocative thesis. Recommended. Lower- and upper-division undergraduates. Graduate students, faculty, and professionals. General readers. * J. A. Gauthier, CHOICE *Table of ContentsPreface CHAPTER 1: Introduction PART I: INTRODUCING PERSONALIZED LAW CHAPTER 2: What is Personalized Law -- Contextualization: The Old Precision Law -- Personalization: The New Precision Law -- Personalized Rules Everywhere -- Self Personalization -- Personalization & the Objectives of the Law -- Conclusion CHAPTER 3: The Precision Benefit -- Personalized Everything -- The Benefits of Personalization -- The Benefits of Personalized Law -- The Production Cost of Precision -- Conclusion PART II: PERSONALIZED LAW IN ACTION CHAPTER 4: Personalized Legal Areas -- Tort Law ' Unequal Impact CHAPTER 8: Personalized Law & Equal Protection -- The Constitutionality of Statistics -- Individualized Treatment -- Narrowly Tailored -- The Arguments for Differential Treatment -- Disparate Impact PART IV: IMPLEMENTATION OF PERSONALIZED LAW CHAPTER 9: Coordination -- Coordination of Group Activity -- Coordination of Individual Acts -- Coordination & Information -- Coordination as Participation CHAPTER 10: Manipulation -- Distorted Investment in Human Capital -- Pretending -- Arbitrage -- Ways to Restrain Manipulation ---- Immutable Characteristics ---- Hypothetical Characteristics ---- The Numerosity of Characteristics & Commands ---- Preventing Arbitrage CHAPTER 11: Governing Through Data -- Information is Required for Lawmaking -- Where Will the Information Come From? -- Obeying Personalized Commands -- Privacy & Data Protection ---- People>'s Interest in Privacy ---- Society>'s Interest in Data Protection CHAPTER 12: Legal Robotics -- Law & Artificial Intelligence -- The Human Design -- Tomorrow Morning

    Out of stock

    £39.96

  • Foundations of Evidence Law

    Oxford University Press, USA Foundations of Evidence Law

    15 in stock

    Book SynopsisExamining the underlying theory of evidence in Anglo-American legal systems, this book describes the basic traits of adjudicative fact-finding and explores the epistemological foundations of the concept. It develops a theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth.Trade Reviewthe most provocative of evidence books ... constitutes the most sophisticated and persuasive argument for enormously enhanced legal control over the evidentiary process in recent memory, and stands in marked contrast to the progression of the law of evidence in the Anglo-American world...Foundational to [Stein's] call for intense control over the evidentiary process is his deep insight that rules of evidence do not just do what they purport to do; they also allocate error, like it or not. He is right on this point... [he] articulates an elegant unified theory of evidence law ... From these theoretical perspectives, he brilliantly critiques various evidentiary rules...[and] provides a creative theoretical foundation for both civil and criminal litigation. * Ronald J. Allen, 27 Law & Philosophy (2008) *Without sharing all positions of Prof. Stein ... one has to salute the effort accomplished to prevent the law of evidence from oozing away in the lazy folds of the Cartesian spirit. * Rafael Encinas de Munagorri, 2-2007 Revue Internationale de Droit Compare 457 (in French) *Alex Stein may be the Ronald Dworkin of evidence law. Foundations of Evidence Law ... offers an alternative to Bentham's influential evidentiary views...Like Dworkin's theory of law generally, Stein attempts to locate and justify the law of evidence within the domain of political morality, that is, to legitimate and justify the coercive state authority that the law of evidence helps to initiate. [The] "foundations" that Stein articulates seek to describe and explain... Anglo-American evidentiary practices in light of a few broad principles that in turn justify the practices in terms of political morality...a significant book [that] offers unique and powerful arguments regarding virtually every important evidentiary issue, and it pushes the debates regarding these issues forward. * Michael S. Pardo in 5(2) International Commentary on Evidence (2007) *Foundations of Evidence Law ... represents an important first attempt to base evidence doctrine on something more than armchair psychology, to provide a justification for and conceptual unity to what has hitherto been regarded as an incoherent patchwork of historical hangovers from outdated assumptions about fact-finding, and to make clear the value of probability theory. As such, it deserves to be read and engaged with by all evidence scholars, whether interested in evidence law alone or more widely in the processes of proof. * Donald Nicolson, Legal Studies *...Although this book contains much that is challenging and controversial, there can be little doubt that it is one of the most significant and stimulating monographs on evidence law to have been published in recent years. * Roderick Bagshaw, Law Quarterly Review 168, 172, 2007 *[Foundations of Evidence Law] attempt[s] the monumental task of combining the contributions of the New Evidence Scholarship with those of doctrinal evidence lawyers and those who see evidence as encapsulating social values. Even works of partial synthesis are rarely encountered, and so Stein is to be congratulated on not only making an attempt to square the whole circle, but on making such a credible attempt. ... Stein has provided us with an extremely thoughtful and thought-provoking theory of evidence law. Both his objective and his conclusions are bold, and the reader is forced at every stage in the argument to consider whether she accepts the line that Stein takes, and why. Even if one does not accept that Stein's theory is uniquely correct, it is difficult not to accept that it is at least valid. * Deirdre M. Dwyer, 5 Law, Probability and Risk 75 at 79 & 85 (2006). *Table of ContentsACKNOWLEDGEMENTS ; PREFACE ; I. GROUNDWORK ; II. EPISTEMOLOGICAL COROLLARY ; III. UNDERSTANDING THE LAW OF EVIDENCE THROUGH PARADOXES OF RATIONAL BELIEF ; IV. EVIDENCE LAW: WHAT IS IT FOR? ; V. COST-EFFICIENCY ; VI. ALLOCATION OF THE RISK OF ERROR IN CRIMINAL TRIALS ; VII. ALLOCATION OF THE RISK OF ERROR IN CIVIL LITIGATION

    15 in stock

    £108.00

  • The Social World of an English Crown Court Witnesses and Professionals in the Crown Court Centre at Wood Green Oxford SocioLegal Studies

    Oxford University Press The Social World of an English Crown Court Witnesses and Professionals in the Crown Court Centre at Wood Green Oxford SocioLegal Studies

    1 in stock

    Book SynopsisThe Social World of an English Crown Court is the first ethnographic study of a Crown Court Centre. It also describes the origins and early history of a pioneering project to support victims and prosecution witnesses appearing before the courtthe Witness Support Project. Paul Rock analyses the major divide which exists in the life of the court between professional insiders and public outsiders. He describes how this divide created problems for witnesses and how the project set out to alleviate this. He provides details of how this division is built into court architecture, administration, and social relations, and examines how it stems from the preoccupation of court officials with the control of knowledge, public order, and emotion.Trade ReviewExcellent ... once I started reading it, I found it compelling ... I found the case study both fascinating and horrific ... a conspicuous example of ethnography at its best.' Dr P Waddington, University of Reading`It should be of interest to anyone seeking to understand the working of the criminal justice system in England and Wales ... a meticulously observed account which is both fascinating in itself and capable of providing a solid base for his own and others' analysis.' British Journal of Sociology`well written' New Law Journal`an unusual insight into the development of criminal-justice policy, legislation and practice ... important reading for scholars and practitioners, and perhaps especially for politicians and officials ... Paul Rock's book is a shrewd analysis of the dynamics of policy-making as they relate to the interests of victims and witnesses' Times Literary Supplement`the first detailed analysis in this country of the position of witnesses in an English Crown Court ... As a detailed testament of the limited role the victim has in the English Crown Court, the value of Rock's work is that it raises questions not just about the role of the victim-witness in the English legal system but also about the structure of adversarial proceedings throughout the common law world' British Journal of Criminology`if what you want is a detailed description of the life and dynamics of a rather dull little Crown Court which incorporates everyone from the judges to the cleaners, and which despite being written by a sociologist is relatively clear and comprehensible, then this is the book for you' LCCJ Newsletter`Rock's own contributions stand as a notable exception to his generalizations, and this book can only add to his reputation as one of the most original writers in this field ... Any US sociologist with an interest in the administration of justice is likely to profit from Rock's dissection of the ways in which we do things on this side of the pond and to be provoked to reflect on those unnoticed features of organizational life that a foreign account can bring to light.' Contemporary Sociology`should be of interest to anyone seeking to understand the working of the criminal justice system in England and Wales ... a highly detailed observational analysis of the way in which witnesses are routinely excluded from the insiders' world ... Rock provides a meticulously observed account which is both fascinating in itself and capable of providing a solid basis for his own and others' analysis' British Journal of SociologyTable of ContentsIntroduction: the setting - the Crown Court at Wood Green. Part 1 Defining the witness: trials as conflict; trials and anomie; trials as practical work; insiders and outsiders; space; time in the court. Part 2 Supporting the witness: the politics of the witness; the project.

    1 in stock

    £82.00

  • Foreign Law in English Courts

    Clarendon Press Foreign Law in English Courts

    15 in stock

    Book SynopsisHow foreign law is established, and whether it must be relied upon at all, are central issues in private international law, with important implications in principle and in practice. Whether litigants are free to ignore the foreign elements in a dispute goes to the heart of the conflicts process, and without effective means to establish the content of foreign law the object of that process is undermined. The cost and unpredictability of establishing foreign law also have an important impact on litigation, affecting the parties'' choice of forum, and how cases are argued and decided. This book, the first detailed examination of the topic in English law, is an account of the pleading and proof of foreign law from an English perspective, which also places the law in a comparative context, and considers options for reform. It provides a practical guide to the subject, but also presents the conflicts process in a way which is both novel and illuminating. Recognized as the leading account ofTrade Reviewa most important contribution to a gradual approximation of common law and civil law approaches to the subject * Professor Erik Jayme, Professor of Law, University of Heidelberg and President of the Institut de Droit International *Oxford University Press are to be warmly congratulated on promoting a series of specialist monographs in Private International Law ... nearly 350 pages of balanced and detailed text ... As one would expect from Oxford University Press the work is handsomely produced with detailed footnotes containing full references to common law and civil law jurisdictions ... The volume will benefit any lawyer with a case involving foreign law ... this book can be read with profit and pleasure by all ... a timely, readable and absorbing book which is likely to become the specialist text on this particular topic ... this volume will be cited regularly in the courts and will find a place in all university law libraries. Mr Fentiman has made a valuable contribution to the literature of private international law with this specialist monograph. * Legal Update, 1999 ( reviewer not named) *This book is a much-needed addition to the slowly developing stock of modern, scholarly writings about the nature and theory of conflict laws from the English standpoint ... the work will be read with interest and enlightenment by academics and practitioners alike ... thanks to Fentiman, those curious to discover these matters can set about doing so, and at the same time they will be pleasantly surprised to discover some promising indications that the law is at last destined to enter upon a phase of reformulation in consequence of recent developments ... The ten chapters of Fentiman's book together provide a challenging, and tautly argued, account of the law that is properly critical of its illogical and absurd aspects ... a fascinating period of evolution is in prospect ... the current text provides ample inspiration, and intellectual sustenance, for those who aspire to play an active part in that process. * Ian Fletcher, The Law Quarterly Review, Vol 115, July 1999 *"A book of remarkable wealth", Horatia Muir Watt, Revue Critique - January-March 1999Any writer touching on English law owes a very great debt to Richard Fentiman. * James McComish, Melbourne University Law Review *This is a monograph of rare quality which will have a considerable impact on our understanding of its subject, and so both on teaching and practice. * David McLean, British Yearbook of International Law *Table of ContentsI INTRODUCTION ; II LEGAL RISK AND MULTISTATE TRANSACTIONS ; III THE LAWS GOVERNING MULTISTATE LITIGATION ; IV COMMENCING PROCEEDINGS ; V PREVENTING PROCEEDINGS ; VI RECOVERY AND ENFORCEMENT

    15 in stock

    £189.12

  • The Settlement of Disputes in International Law Institutions and Procedures Paperback

    Oxford University Press The Settlement of Disputes in International Law Institutions and Procedures Paperback

    15 in stock

    Book SynopsisFor many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as juTrade ReviewThis book has, according to the authors, 'the modest aim of introducing readers to some of the main processes for the settlement of international disputes'. It does so admirably. * Matthew Happold, NLR 2000. *The chapter on the International Court of Justice ... is extremely thorough ... it provides the best introduction to the Court that this reviewer knows of an the comprehensive footnotes go to to point the way to further reading on the subject. * Matthew Happold, NLR 2000. *a useful introduction to procedural issues in arbitrations ... this is a thorough and comprehensive work, covering much ground in a very clear manner. It is particularly well footnoted, something of especial importance, in this reviewer's opinion, in an introductory work. In this reviewer's mind it is much the best introductory work on the subject ... it seems likely that it will become I^the textbook for courses on international litigation and the settlement of international disputes. * Matthew Happold, NLR 2000. *a valuable addition to the literature on dispute settlement ... will appeal to ... students of international law and international relations, and practitioners seeking easily accessible information about the role and function of the various means of dispute resolution. * Christian Tams, European Journal of International Law Vol 11 No 3 2000 *Table of ContentsPART I: INSTITUTIONS; PART II: PROCEDURE; ANNEXES

    15 in stock

    £84.00

  • First Steps in the Law

    Oxford University Press First Steps in the Law

    Out of stock

    Book SynopsisFascinating and insightful in its coverage, this is essential reading for anyone who has ever been curious about the law. First Steps in the Law looks at how laws are made, how cases are tried, and the characters involved; ideal for anyone needing an understanding of law, whether at university, college, or at work.Trade ReviewReview from previous edition Many other text books are boring; their writing is heavy-going and immediately puts students off. This book is a joy to read; it makes the topics interesting by picking out stories that relate and explain the subject matter. * Amanda Taylor, Lecturer, University of Westminster *This book is a great introduction to law for our students; the content is always contemporary and detailed and it is written in an extremely engaging, stimulating and lively way. We find that students particularly like the interesting cases chapter. * Joanne Sellick, Associate Dean for Teaching and Learning, University of Plymouth *Table of ContentsPART ONE; PART TWO; PART THREE; PART FOUR; PART FIVE

    Out of stock

    £22.49

  • Constitutional Courts and Deliberative Democracy

    Oxford University Press Constitutional Courts and Deliberative Democracy

    15 in stock

    Book SynopsisContemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts. This power shift has never been easily squared with the institutional backbones through which democracy is popularly supposed to be structured. The best institutional translation of a ''government of the people, by the people and for the people'' is usually expressed through elections and electoral representation in parliaments.Judicial review of legislation has been challenged as bypassing that common sense conception of democratic rule. The alleged ''democratic deficit'' behind what courts are legally empowered to do has been met with a variety of justifications in favour of judicial review. One common justification claims that constitutional courts are, in comparison to elected parliaments, much better suited for impartial deliberation and public reason-giving. Fundamental rights would thus be better protected by that insulated mode of decision-making.Trade Review"The strength of the book is in its detailed examination of what still largely remains at least from the perspective of deliberative theory a black box: the internal processes of constitutional courts. Mendes is more of a systematizer and presenter of taxonomies than a purveyor of simple answers. His language waxes metaphorical, even sometimes lyrical. By asking the questions he does, Mendes encourages us to probe the roles and possibilities of deliberation on multi-member courts." * Ron Levy, Brazilian Political Science Review *"Overall, the monograph provides a welcome insight into the omissions in wider challenges faced by scholarship concerning "good" constitutional courts in democracies. Given the diversity in both institutional set ups and legal cultures, future work in this area will require an empirical turn." * Hayley Hooper, Law Quarterly Review *Constitutional Courts and Deliberative Democracy is an inestimable contribution to explain what a 'forum of principle' or a 'dialogue' between powers entail and to provide a critical account of the ethical virtues, the facilitators, the legal constraints, and the political circumstances of judicial deliberation." * Thomas Bustamante , Modern Law Review *Table of ContentsINTRODUCTION

    15 in stock

    £34.12

  • EU Procedural Law

    Oxford University Press EU Procedural Law

    Out of stock

    Book SynopsisEU Procedural Law provides a rigorously structured analysis of the system of judicial protection in the European Union and the procedure before the Union Courts (the Court of Justice and the General Court). It examines the various types of proceedings which may be brought before the Union Courts, such as the actions for infringement, annulment, failure to act, and damages, along with special forms of procedure involving, for example, interim relief, appeals, staff cases, and intellectual property rights. It also addresses the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between European Union law and the national procedural and remedial frameworks more generally. Throughout, this book takes account of important jurisprudential and institutional developments, including the restructuring of the EU judicial system and reforms in the procedure of the Union Courts.In its second edition, this thoroughly updated work will continue to be the first port of call for practitioners, civil servants, and academics seeking guidance on the various components of EU procedural law.Table of Contents1: General Introduction Part I: The Judicial Organization of the European Union 2: The Union Judicial System 3: Cooperation between National Courts and the Court of Justice: The Reference for a Preliminary Ruling 4: Union Law and Member State Procedures and Remedies Part II: Enforcement of Union Law 5: The Action for Infringement of Union Law by a Member State 6: Preliminary Rulings on the Interpretation of Union Law Part III: Protection Against Union Acts 7: The Action for Annulment 8: The Action for Failure to Act 9: The Objection of Illegality 10: Preliminary Rulings on the Validity of Union Acts 11: The Action for Damages 12: Applications for an Opinion on the Compatibility with the Treaties of an International Agreement To Be Concluded by the Union Part IV: Special Forms of Procedure 13: Proceedings for Interim Measures Before the Union Courts 14: Proceedings for Authorization to Serve a Garnishee Order on the Union 15: Jurisdiction of the Union Courts to Give Judgment pursuant to an Arbitration Clause or a Special Agreement 16: Proceedings Brought by Officials and Other Servants of the Union (Staff Cases) 17: Jurisdiction of the Union Courts Over Disputes Relating to Intellectual Property Rights 18: Unlimited Jurisdiction of the Union Courts in Respect of Actions Relating to Sanctions 19: Appeals 20: The Review Procedure 21: Jurisdiction of the Union Courts Under Conventions Concluded by the Member States Part V: Procedure Before the Union Courts 22: Start of the Procedure 23: Incidental Elements of the Procedure 24: Main Elements of the Procedure 25: Conclusion of the Procedure

    Out of stock

    £145.00

  • Online Courts and the Future of Justice

    Oxford University Press Online Courts and the Future of Justice

    5 in stock

    Book SynopsisOur court system is struggling. It is too costly to deliver justice for all but the few, too slow to satisfy those who can access it. Yet the values implicit in disputes being resolved in person, and in public, are fundamental to how we have imagined the fair resolution of disputes for centuries. Could justice be delivered online? The idea has excited and appalled in equal measure, promising to bring justice to all, threatening to strike at the heart of what we mean by justice. With online courts now moving from idea to reality, we are looking at the most fundamental change to our justice system for centuries, but the public understanding of and debate about the revolution is only just beginning.In Online Courts and the Future of Justice Richard Susskind, a pioneer of rethinking law for the digital age, confronts the challenges facing our legal system and the potential for technology to bring much needed change. Drawing on years of experience leading the discussion on conceiving and delivering online justice, Susskind here charts and develops the public debate.Against a background of austerity politics and cuts to legal aid, the public case for online courts has too often been framed as a business case by both sides of the debate. Are online courts preserving the public bottom line by finding efficiencies? Or sacrificing the interests of the many to deliver cut price justice? Susskind broadens the debate by making the moral case (whether online courts are required by principles of justice) and the jurisprudential case (whether online courts are compatible with our understanding of judicial process and constitutional rights) for delivering justice online.Trade ReviewIn summary, Susskind's latest book is another extraordinary contribution to justice reform. It is an engaging work that will hopefully spark debate and reform. It is written with a lively tone and provides much food for thought about what our justice systems could look like now and into the future. * Tania Sourdin, University of Newcastle, Australia, Journal of Law and Society *Table of ContentsPART ONE - CONTEXT 1: The case for change 2: Advances in technology 3: Thinking strategically 4: Legal theory of courts 5: Physical, virtual, online hearings 6: Access to justice revisited PART TWO - ARCHITECTURE 7: The vision 8: Online guidance 9: Assisted argument 10: Containment 11: Online resolution by judges 12: Civil, criminal, family disputes 13: Case studies PART THREE - THE CASE AGAINST 14: Economy-class justice 15: Adversarial v investigatory 16: Open justice and fair trial 17: Face-to-face justice 18: Digital exclusion 19: Loss of majesty 20: Public sector technology PART FOUR - THE FUTURE 21: Machine learning and prediction 22: Technology-mediated negotiation 23: Artificial intelligence 24: Telepresence, augmented reality and virtual reality 25: The role for human beings Further Reading

    5 in stock

    £24.69

  • The Judicial System of Russia

    Oxford University Press The Judicial System of Russia

    2 in stock

    Book SynopsisThe Judicial System of Russia paints a portrait of the courts of the Russian Federation under Putin, how they work in practice, and what shapes the behaviour of its judges. It stresses the dual nature of a judicial system, where ordinary cases are for the most part handled fairly, but where cases of interest to powerful persons are subject to influence--a common situation in authoritarian states. In so doing, the authors trace the origins of some contemporary practices to the Soviet past, but also identify novelties. They pay close attention to the struggles of reformers to make the courts fairer and more efficient, along with the measures taken to ensure that judges conform to the expectations of their political masters. This means dealing with the evolution of judicial governance, including the selection, promotion, and disciplining of judges.In studying the actual operation of the courts, the authors take a socio-legal approach, emphasizing how different players (petitioners, responTable of ContentsPART ONE: Historical Perspectives 1: Legacies from the Past: Tsarism and the Soviet Experience 2: The (Re)Making of Courts and Judicial Governance, 1988-2021 PART TWO: People, Attitudes, Politics 3: Judges and the Judiciary: Recruitment, Discipline, Careers 4: Lawyers: Training and Role in the Courts 5: Public Attitudes Towards Courts and the Use of Courts 6: Cases with Outside or Inappropriate Influence PART THREE: The Administration of Justice or Courts in Action 7: Justice-of-the-Peace Courts and Everyday Law 8: The Administration of Criminal Justice 9: Civil Justice 10: The Arbitrazh Courts and Business Disputes 11: Constitutional and Administrative Justice

    2 in stock

    £24.99

  • The Jackson ADR Handbook

    Oxford University Press The Jackson ADR Handbook

    1 in stock

    Book SynopsisThe Jackson ADR Handbook^r was written to fulfil a recommendation by Lord Justice Jackson that there should be an authoritative handbook on alternative dispute resolution (ADR). The first edition, published in 2013, laid a strong foundation as an authoritative guide to ADR, receiving judicial endorsement from the Court of Appeal. Subsequent editions built upon that success, becoming a syllabus text prescribed by the Bar Standards Board. The use of ADR continues to be embedded in dispute resolution in England and Wales, with the Master of the Rolls and the Ministry of Justice implementing reforms that place the use of ADR alongside litigation. This revised fourth edition integrates important new case law, including the landmark case of Churchill v Merthyr Tydfil Borough Council [2023], in which the Court of Appeal decided a court can order parties to engage in a non-court based dispute resolution process, provided the right to a trial remains. Key changes in court rules and pre-action protocols are also covered.Designed with a concise, user-friendly format, the text provides an in-depth overview of the options and principles for ADR, placing them firmly within the context of litigation, and looking in detail at the relevant court rules and legal principles, such as privacy and legal professional privilege, as well as practical topics such as how to prepare for and what happens during mediation and recording and enforcing settlements.

    1 in stock

    £46.99

  • A Philosophy of Evidence Law

    Oxford University Press A Philosophy of Evidence Law

    15 in stock

    Book SynopsisThe dominant approach to evaluating the law on evidence and proof focuses on how the trial system should be structured to guard against error. This book argues instead that complex and intertwining moral and epistemic considerations come into view when departing from the standpoint of a detached observer and taking the perspective of the person responsible for making findings of fact. Ho contends that it is only by exploring the nature and content of deliberative responsibility that the role and purpose of much of the law can be fully understood. In many cases, values other than truth have to be respected, not simply as side-constraints, but as values which are internal to the nature and purpose of the trial. A party does not merely have a right that the substantive law be correctly applied to objectively true findings of fact, and a right to have the case tried under rationally structured rules. The party has, more broadly, a right to a just verdict, where justice must be understood tTrade ReviewHo's book A Philosophy of Evidence Law is an important contribution to this emerging body of literature at the interface between evidence scholarship and philosophy. This monograph is an excellent exemplar of this kind of interdisciplinary work, as it combines a deep understanding of the law of evidence with rigorous philosophical analysis, and it succeeds in showing the relevance of abstract theory to the detailed study of evidence rules and legal problems. The book is also to be commended for its breath of analysis, for it examines evidence rules of both criminal and civil law in several common law jurisdictions, with a foray into international law and continental law. * Amaya, Amalia (2009) "The Ethics of Trial Deliberation: Moral Agency in Legal Fact-Finding," International Commentary on Evidence: Vol. 7 : Iss. 2, Article 2 *Ho is admirably clear and eloquent in patiently setting out his stall and defending his thesis...It is compellingly written, and arguments are carefully cross-referenced. As a normative critique of the law of evidence, it deserves to take its place alongside recent well-known works such as Alex Stein's Foundations of Evidence Law...and Larry Laudan's Truth, Error, and Criminal Law...A Philosophy of Evidence Law: Justice in the Search for Truth is an impressive work of scholarship. * Andrew L-T Choo, The Edinburgh Law Review, Volume 13, 2009 *In summary the book embodies vast learning, makes many acute points, and in so doing has driven some of the piles preparatory to the task of bridging the gap between theory and practice in the law of evidence. * Professor Colin Tapper, Law Quarterly Review, 2009 *Ho's book is important and well worth study by evidence scholars and others interested in the morality and epistemology of legal fact-finding. * William E. O'Brian Jr, The Modern Law Review 72 (1) *This is a scholarly, well-researched and thought provoking work, providing an excellent introduction to the theoretical underpinnings of evidence law. * Andrew C. Stumer, International Commentary on Evidence, Vol 6, Issue 1 *Ho has written an erudite and timely text that lawyers and judges ought to consider reading to enhance the proper working of the judicial system, especially in the age of digital evidence * Stephen Mason, ICLQ, Vol 58 *Table of Contents1. Fact-Finding ; 2. Truth, Justice, and Justification ; 3. Epistemology of Legal Fact-Finding ; 4. Standard of Proof ; 5. Hearsay ; 6. Similar Fact Evidence

    15 in stock

    £97.75

  • Res Judicata Estoppel and Foreign Judgments

    Oxford University Press, USA Res Judicata Estoppel and Foreign Judgments

    15 in stock

    Book SynopsisThis clear and original book provides a much-needed analysis of the doctrines of res judicata and abuse of process as applied to foreign judgments recognized in England for their preclusive effect. In particular, it examines the four preclusive pleas which are encountered in practice, namely: (i) cause of action estoppel; (ii) issue estoppel; (iii) former recovery per section 34 of the Civil Jurisdiction and Judgments Act 1982; and (iv) the rule in Henderson v Henderson. So far as foreign judgments are concerned, the book examines separately the preclusive effects of foreign judgments recognized according to the English common law and related statutory rules, and foreign judgments which the English courts are obliged to recognize under the Brussels and Lugano Conventions. It also includes a discussion of the preclusive effects of judgments recognized under the proposed Hague Convention on Jurisdiction and Foreign Judgments in civil and commercial matters.Although the complex and techniTrade ReviewThe preclusive effect of foreign judgments in international law is a veritable minefield for lawyers. But given the exponential rise in transnational litigation in recent years, it is a subject which more and more practitioners are having to come to grips with. This book promises to be a formidable weapon in the armoury of such practitioners. ... attempts to unravel many of the mysteries surrounding this branch of the law. * Journal of the Commonwealth Lawyers' Association 2001 *The series of Oxford monographs in private international law is producing some innovative titles, frequently in areas that have not been covered previously in texts of such depth. Dr Barnett's work is a welcome addition to the series, and is in many ways groundbreaking. ... deals with the complex questions which arise when the doctrines of res judicata and abuse of process are applied to foreign judgements. It will be a valuable addition to the library of the international commercial lawyer. * New Law Journal, 15 Feb 2002 *This is another excellent contribution to the Oxford Monographs in Private International Law. The academic community of private international lawyers, not to mention those in the real world of legal practice and judges, owe a debt of gratitude to Peter Carter QC for taking the initiative to found this series and to edit it. this is a very thoroughly researched book on a difficult topic that adds to our knowledge of the effects of foreign judgments. * Law Quarterly Review, 1 Apr 2002 *a welcome addition to the [Oxford monographs in private international law] series, and ... in many ways ground breaking ... It will be a valuable addition to the library of the international commercial lawyer. * Gavin McFarlane, New Law Journal, February 2002 *Table of ContentsI: INTRODUCTION ; II: THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS RECOGNISED IN ENGLAND AT COMMON LAW OR UNDER RELATED STATUTORY SCHEMES ; III: THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS RECOGNISED IN ENGLAND UNDER INTERNATIONAL CONVENTIONS ; IV: CONCLUSION

    15 in stock

    £163.62

  • Evidence Proof And Facts A Book of Sources

    Oxford University Press, USA Evidence Proof And Facts A Book of Sources

    15 in stock

    Book SynopsisThis collection of materials is concerned not only with the law of evidence, but also with the logical and rhetorical aspects of proof; the epistemology of evidence as a basis for the proof of disputed facts; and scientific aspects of the subject. The editor raises issues such as the use of different theories of probability in legal reasoning.Table of ContentsPreface ; Table of Works Represented, with Abbreviations Used ; Evidence, Proof, and Facts: Introductory Essay ; 1. The Concept of Evidence and the Law of Evidence ; SECTION 1: WHAT IS EVIDENCE? ; Bentham, Rationale ; Schum, Foundations ; SECTION 2: DEVELOPMENT OF THE LAW OF EVIDENCE ; Thayer, Preliminary Treatise ; Holdsworth, History ; Twining, Rethinking Evidence ; SECTION 3: ARE EXCLUSIONARY RULES OF EVIDENCE NEEDED? ; Bentham, Rationale ; Stephen, Report ; SECTION 4: THE PHILOSOPHY UNDERLYING THE LAW OF EVIDENCE: OPTIMISTIC RATIONALISM ; Twining, Theories ; 2. Logic and Rhetoric ; SECTION 1: LOGIC, DEDUCTIVE REASONING, AND THE SYLLOGISM ; Aristotle, Topics ; Aristotle, Prior Analytics ; Mill, System ; SECTION 2: REJECTION OF THE SYLLOGISM AS A SCIENTIFIC METHOD ; Bacon, Novum Organum ; Hume, Enquiry ; Schum, Foundations ; SECTION 3: LOGIC, INDUCTIVE REASONING, AND INFERENCES FROM EVIDENCE ; Schmidt, The Influence of the Legal Paradigm on the Development of Logic ; Mill, System ; SECTION 4: LOGICAL FALLACIES ; Mill, System ; SECTION 5: DIALECTIC AND RHETORIC ; Aristotle, The Art of Rhetoric ; Plato, Gorgias ; Plato, Phaedrus ; 3. Judicial Reasoning About Facts ; SECTION 1: RELEVANCE ; Stephen, Digest ; US Federal Rule of Evidence 401 ; Bentham, Rationale ; Schum, Foundations ; Keynes, Treatise ; SECTION 2: DIRECT AND CIRCUMSTANTIAL EVIDENCE ; Bentham, Rationale ; SECTION 3: THE PROCESS OF JUDICIAL REASONING ; Thayer, Preliminary Treatise ; Wigmore, Science ; SECTION 4: PROBATIVE VALUE AND WEIGHT ; Bentham, Rationale ; Keynes, Treatise ; SECTION 5: GENERALIZATIONS ; Hume, Enquiry ; Bentham, Rationale ; Mill, System ; 4. Causation ; SECTION 1: PHILOSOPHICAL BASIS FOR THEORY OF CAUSE AND EFFECT ; Aristotle, Physics ; Locke, Essay ; Hume, Treatise ; Hume, Enquiry ; Mill, System ; SECTION 2: CAUSE AND EFFECT AS BASIS FOR INFERENCE FROM EVIDENCE ; Hart and Honore, Causation ; Schum, Foundations ; SECTION 3: LEGAL APPLICATIONS OF CAUSATION ; Hart and Honore, Causation ; 5. The Standard of Proof ; SECTION 1: RELATIONSHIP OF INDUCTIVE REASONING TO STANDARDS OF PROOF ; Cohen, The Probable and the Provable ; SECTION 2: PROOF BY A PREPONDERANCE OF THE EVIDENCE ; Rhesa Shipping Co SA v. Edmunds (The Popi M) ; T.N.T. Management Pty. Ltd. v. Brooks ; Cohen, The Probable and the Provable ; SECTION 3: PROOF BEYOND REASONABLE DOUBT ; Shapiro, Beyond Reasonable Doubt ; Cohen, The Probable and the Provable ; SECTION 4: DECISION THEORY IN RELATION TO STANDARDS OF PROOF ; Kaplan, Decision Theory and the Factfinding Process ; Tribe, Trial by Mathematics: Precision and Ritual in the Legal Process ; 6. Theories of Probability ; SECTION 1: PROBABILITY THEORIES GENERALLY ; Locke, Essay ; Hume, Treatise ; Bentham, Rationale ; Keynes, Treatise ; SECTION 2: PROBABILITY APPLIED TO HUMAN CONDUCT AND CREDIBILITY ; Keynes, Treatise ; Eggleston, Evidence, Proof, and Probability ; SECTION 3: THE PRINCIPLE OF INDIFFERENCE ; Cohen, Introduction ; 7. Probability: Issues of Mathematics ; SECTION 1: MATHEMATICAL PROBABILITY CALCULUS ; Mill, System ; Schum, Foundations ; Cohen, Introduction ; SECTION 2: REVISION OF PROBABILITY ESTIMATES IN LIGHT OF NEW EVIDENCE: BAYES' RULE ; Schum, Foundations ; Bayes, Essay ; SECTION 3: MATHEMATICS IN THE COURTROOM ; People v. Collins ; R v. Adams (No. 2) ; 8. Probability: Mathematical and Non-Mathematical Models ; SECTION 1: MON-MATHEMATICAL PROBABILITY MODELS ; Mill, System ; Keynes, Treatise ; Cohen, Introduction ; Cohen, The Probable and the Provable ; SECTION 2: PASCAL OR BACON? THE GREAT DEBATE ; Tribe, Trial by Mathematics: Precision and Ritual in the Legal Process ; Kaye, The Laws of Probability and the Laws of the Land ; 9. Alternative Epistemologies of Evidence ; SECTION 1: CHANCE AND ACAUSAL CONNECTIONS ; Aristotle, Physics ; Mill, System ; SECTION 2: THE OLDER MODES OF PROOF ; Holdsworth, History ; Hammurabi, Code ; Manu, Laws ; Supakar, The Law of Evidence in Ancient India ; SECTION 3: A WOMAN'S PERSPECTIVE ; Harmon, Etchings on Glass ; APPENDIX 1: INFERENCE NETWORKS AND THE CHARTING OF EVIDENCE ; Wigmore, The Problem of Proof ; APPENDIX 2: SOME COMMONLY USED HYPOTHETICALS ; Index

    15 in stock

    £119.00

  • Bail in Criminal Proceedings

    Oxford University Press, USA Bail in Criminal Proceedings

    15 in stock

    Book SynopsisProvides an account of the law, practice, and procedure governing bail at every stage. This book includes the relevant legislation and procedural rules, case law, and also offers guidance on ethics as well as research findings in this area. It also takes account of the major changes introduced by the Criminal Justice Act.Trade Review...No one actively practising or otherwise seriously concerned with the English criminal law can hope to survive without it...it cannot be too highly praised for it's thorough and indeed exhaustive exploration of the intricacies as well as the principles of it's subject...their job is to set out and comment upon the law as it is. They have done their job splendidly and we are all in their debt.Table of ContentsIntroduction ; 1. The Right to Bail ; 2. Surety and Security ; 3. Conditions other than Surety or Security ; 4. Failing to Surrender and Breaching Conditions ; 5. Renewed Applications for Bail ; 6. Police Bail ; 7. The Jurisdiction of the Magistrates' Court ; 8. The Jurisdiction of the Crown Court ; 9. Bail Pending Appeal ; 10. The Jurisdiction of the High Court ; 11. Vulnerable Suspects and Defendants ; 12. Custody Time Limits ; 13. The Role and Duties of the Advocate on Matters of Bail ; Appendix

    15 in stock

    £142.38

  • Law Without Values The Life Work and Legacy of

    The University of Chicago Press Law Without Values The Life Work and Legacy of

    15 in stock

    Book SynopsisThis work paints a dark picture of Justice Holmes as a distasteful man who, among other things, espoused Social Darwinism, favoured eugenics, and as he himself acknowledged, came "devilish near to believing that might means right".Trade Review"An exuberantly and entertainingly polemical attack on the character, scholarship and philosophy of America's most revered judicial saint." - Jeffrey Rosen, New York Times Book Review "[This] slender volume by a distinguished University of Chicago law professor should be required reading." - Tom Roeser, Chicago Sun-Times; "In a lively and entertaining attack, Albert Alschuler strips layer after layer from the traditional image of Holmes to reveal not a wise and compassionate liberal saint, but a heartless social Darwinist who believed in nothing but power. [H]is dissection of Holmes's legal scholarship is devastating." - The Economist

    15 in stock

    £24.70

  • More Than Victims  Battered Women the Syndrome

    University of Chicago Press More Than Victims Battered Women the Syndrome

    10 in stock

    Book SynopsisDonald Downs offers an analysis of the injustices behind the logic of battered woman syndrome, concluding that this very logic harms those it is trying to protect. This work seeks to rethink the criminal justice system.Table of ContentsPt. I: The Syndrome Society1: The Syndrome Society: Justice or Illegitimate Excuse? 2: The Rise of the Syndrome Society: A New Perspective on Criminal Culpability Pt. II: Domestic Violence and Battered Woman Syndrome (BWS) 3: The Nature of Domestic Abuse 4: Theories of Battering Relationships Pt. III: BWS Reconsidered: Weighing Positive and Negative Consequences 5: Positive Aspects: BWS and the Narrative of Abuse in Law and Society 6: Legal Critiques of Battered Woman Syndrome 7: Syndromes and Political Theory: The Twilight of Considered Judgment and Citizenship Pt. IV: Conclusion 8: A New Framework for Battered Women: Self-Defense and the Necessity of the Situation, by Donald A. Downs and Evan Gerstmann Notes Index

    10 in stock

    £33.32

  • More Than Victims Battered Women the Syndrome

    The University of Chicago Press More Than Victims Battered Women the Syndrome

    15 in stock

    Book SynopsisDonald Downs offers an analysis of the injustices behind the logic of battered woman syndrome, concluding that this very logic harms those it is trying to protect. This work seeks to rethink the criminal justice system.

    15 in stock

    £28.50

  • The Trail in American Life

    The University of Chicago Press The Trail in American Life

    10 in stock

    Book SynopsisTraces the legal meaning and cultural implications of prominent American trials across the history of the nation. This book shows how courtrooms are forced to cope with unresolved communal anxieties and how they sometimes make legal decisions that change the way Americans think about themselves.Trade Review"A distinguished law professor, accomplished historian, and fine writer, Robert Ferguson is uniquely qualified to narrate and analyze high-profile trials in American history. This is a superb book and a tremendous achievement. The chapter on John Brown alone is worth the price of admission." - Judge Richard Posner "A noted scholar of law and literature, [Ferguson] offers a work that is broad in scope yet focuses our attention on certain themes, notably the possibility of injustice, as illustrated by the Haymarket and Rosenberg prosecutions; the media's obsession with pandering to baser instincts; and the future of televised trials.... One of the best books written on this subject in quite some time." - Library Journal, starred review"

    10 in stock

    £33.72

  • The Supreme Court Review 2014 Supreme Court

    The University of Chicago Press The Supreme Court Review 2014 Supreme Court

    1 in stock

    Book SynopsisLauded for providing discussion of the Courts' significant decisions, this volume keeps at the forefront of the reforms and interpretations of American law. It considers issues such as post-9/11 security, the 2000 presidential election, cross burning, federalism and state sovereignty, failed Supreme Court nominations, and more.

    1 in stock

    £53.68

  • The American Supreme Court Sixth Edition

    University of Chicago Press The American Supreme Court Sixth Edition

    15 in stock

    Book Synopsis

    15 in stock

    £22.80

  • The Hollow Hope

    The University of Chicago Press The Hollow Hope

    15 in stock

    Book SynopsisTrade Review"The third edition is a major revision, updating, revising, and expanding the material on civil rights, abortion, women’s rights, and marriage equality. In particular, it analyzes the resegregation of public schools, showing how the conditions necessary for courts to produce progressive change waned, limiting judicial efficacy." * Law & Courts Newsletter *Table of ContentsList of Tables and Figures Preface to the Third Edition Preface to the Second Edition Preface to the First Edition Introduction 1: The Dynamic and the Constrained Court Part 1: Civil Rights 2: Bound for Glory? Brown and the Civil Rights Revolution 3: Constraints, Conditions, and the Courts 4: Planting the Seeds of Progress? 5: The Current of History Part 2: Abortion and Women’s Rights 6: Transforming Women’s Lives? The Courts and Abortion 7: Liberating Women? The Courts and Women’s Rights 8: The Court as Catalyst? 9: The Tide of History Part 3: Marriage Equality 10: You’ve Got That Loving Feeling? The Litigation Campaign for Marriage Equality 11: What a Long, Strange Trip It’s Been: Mobilization, Countermobilization, and State Action 12: The Times They Are a-Changing 13: Conclusion: The Fly-Paper Court Epilogue Appendixes 1. Black Children in Elementary and Secondary School with Whites, State-by-State Breakdown, 1954–1972 2. Blacks at Predominantly White Public Colleges and Universities: State-by-State Breakdown 3. Black Voter Registration in the Southern States, Pre– and Post–Voting Rights Act, State-by-State Breakdown 4. Data Correction for Table 2.5 5. Laws and Actions Designed to Preserve Segregation 6. Method for Obtaining Information for Table 4.1 and Figure 4.1 7. Illegal Abortions 8. Method for Obtaining Information for Tables 8.1a, 8.1b, 8.2a, and 8.2b, and for Figures 8.1 and 8.2 9. Make Change, Not Lawsuits 10. Coding Rules and Method for Obtaining Information for Tables 12.2, 12.3, 12.4, 12.5, and 12.6 Case References References Index

    15 in stock

    £80.75

  • The Hollow Hope Can Courts Bring About Social

    The University of Chicago Press The Hollow Hope Can Courts Bring About Social

    1 in stock

    Book SynopsisTrade Review"The third edition is a major revision, updating, revising, and expanding the material on civil rights, abortion, women’s rights, and marriage equality. In particular, it analyzes the resegregation of public schools, showing how the conditions necessary for courts to produce progressive change waned, limiting judicial efficacy." * Law & Courts Newsletter *Table of ContentsList of Tables and Figures Preface to the Third Edition Preface to the Second Edition Preface to the First Edition Introduction 1: The Dynamic and the Constrained Court Part 1: Civil Rights 2: Bound for Glory? Brown and the Civil Rights Revolution 3: Constraints, Conditions, and the Courts 4: Planting the Seeds of Progress? 5: The Current of History Part 2: Abortion and Women’s Rights 6: Transforming Women’s Lives? The Courts and Abortion 7: Liberating Women? The Courts and Women’s Rights 8: The Court as Catalyst? 9: The Tide of History Part 3: Marriage Equality 10: You’ve Got That Loving Feeling? The Litigation Campaign for Marriage Equality 11: What a Long, Strange Trip It’s Been: Mobilization, Countermobilization, and State Action 12: The Times They Are a-Changing 13: Conclusion: The Fly-Paper Court Epilogue Appendixes 1. Black Children in Elementary and Secondary School with Whites, State-by-State Breakdown, 1954–1972 2. Blacks at Predominantly White Public Colleges and Universities: State-by-State Breakdown 3. Black Voter Registration in the Southern States, Pre– and Post–Voting Rights Act, State-by-State Breakdown 4. Data Correction for Table 2.5 5. Laws and Actions Designed to Preserve Segregation 6. Method for Obtaining Information for Table 4.1 and Figure 4.1 7. Illegal Abortions 8. Method for Obtaining Information for Tables 8.1a, 8.1b, 8.2a, and 8.2b, and for Figures 8.1 and 8.2 9. Make Change, Not Lawsuits 10. Coding Rules and Method for Obtaining Information for Tables 12.2, 12.3, 12.4, 12.5, and 12.6 Case References References Index

    1 in stock

    £26.60

  • Plea Bargaining The Experiences of Prosecutors

    The University of Chicago Press Plea Bargaining The Experiences of Prosecutors

    15 in stock

    Book Synopsis

    15 in stock

    £25.65

  • Supreme Court Review 2015 Supreme Court Review

    The University of Chicago Press Supreme Court Review 2015 Supreme Court Review

    2 in stock

    Book SynopsisFor more than fifty years, TheSupreme Court Review has won acclaim for providing a sustained and authoritative survey of the implications of the Court's most significant decisions. The Supreme Court Review is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. It is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists.

    2 in stock

    £53.68

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