|The Law of Judicial Precedent
Garner, Bryan A.
The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The author’s goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. The breadth and depth of research involved in producing the book will be immediately apparent to anyone who browses its pages and glances over the footnotes. It would have been all but impossible for any single author to canvas the literature so comprehensively and then distill the concepts so cohesively into a single authoritative volume. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law’s development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law. Never before have so many eminent coauthors produced a single law book without signed sections, but instead writing with a single voice. Whether you are a judge, a lawyer, a law student, or even a non-lawyer curious about how our legal system works, you’re sure to find enlightening, helpful, and sometimes surprising insights into our system of justice.
|Legal Reason: The Use of Analogy in Legal Argument
Weinreb, Lloyd L.
Legal Reason describes and explains analogical reasoning, the distinctive feature of legal argument. It challenges the prevailing view that analogical reasoning is a logically flawed, defective form of deductive reasoning. Drawing on work in epistemology and cognitive psychology, the book shows that analogical reasoning in the law is the same as that used by everyone routinely in ordinary life, and that it is a valid form of reasoning, derived from the innate human capacity to recognize the general in the particular. The use of analogical reasoning in law is dictated by the nature of law, which calls for the application of general rules to particular facts. Critiques of the first edition of the book are addressed directly and objections answered in a new chapter. Written for scholars, students, and persons interested in law, Legal Reason is written in accessible prose, with examples drawn from the law and everyday experience.
|Teaching Law by Design: Engaging Students from the Syllabus to the Final Exam
Schwartz, Michael Hunter,
Professors Michael Hunter Schwartz, Sophie Sparrow, and Gerry Hess, leaders in legal education, have collaborated to offer a second edition of their book. Applying the research on teaching and learning, this book guides new and experienced law teachers through the process of designing and teaching a course. The book addresses how to plan a course; design a syllabus; plan individual class sessions; engage and motivate students; use a variety of teaching techniques; assess student learning; and how to be a life-long learner as a teacher. New chapters focus on creating lasting learning, experiential learning, and troubleshooting common teaching challenges.
More New Books
|Adolescents, Rapid Social Change, and the Law: The Transforming Nature of Protection
KF479 .A94 2016
This book reviews broad social changes affecting youth development and the inconsistency of the legal system in updating its approach to adolescents’ rights. Legal experts examine current adolescent protections and offer research-based proposals for revising laws that underserve or criminalize youth under the rubric of protection. Focusing on the key areas of technology and media, education, and personal relationships, chapters discuss legal responses to a range of challenges impacting young people, including sexual exploitation, the right to privacy, military family issues, and the school-to-prison pipeline. The book’s nuanced concept of legal protection credits youth with greater competence than currently afforded, in hope that adolescents can take more ownership of their evolving lives in a rapidly changing society.
|American Justice 2016: The Political Supreme Court
When the Democrat-appointed Justice Ruth Bader Ginsburg criticized Republican presidential nominee Donald Trump, she triggered concerns about judicial ethics. But the political concerns were even more serious. The Supreme Court is supposed to be what Alexander Hamilton called “the least dangerous” branch of government, because it is the least political. Justices have lifetime appointments to ensure their “complete independence” when deciding cases and controversies. But in the Roberts Court’s most contested and important rulings, it has divided along partisan lines for the first time in American history: Republican presidents appointed the conservatives, Democrats appointed the liberals. Justice Ginsburg’s criticisms suggested that partisan politics drive the Court’s most profound disagreements. Well-respected political science supports that view.
Has this partisan turn made the Court less independent and less trustworthy than the nation requires? The term ending in 2016 included more decisions and developments in almost fifty years for analyzing this question. Among them were major cases about abortion rights, the death penalty, immigration, and other wedge issues, as well as the death of Justice Antonin G. Scalia, leaving the Court evenly divided between conservatives and liberals. Legal journalist Lincoln Caplan dissects the recent term, puts it in historical context, and recommends ways to strengthen trust in the Supreme Court as the pinnacle of the American constitutional system.
|The Chief Justice: Appointment and Influence
KF8748 .C385 2016
The Chief Justice brings together leading scholars of the courts who employ social science theory and research to explain the role of the Chief Justice of the U.S. Supreme Court. They consider the chief justice’s appointment, office, powers, and influence both within the Court and in the American system of government more generally. The chief justice presides over oral arguments and the justices’ private conferences. The chief justice speaks first in those conferences, presents cases and other matters to the other justices, and assigns the Court’s opinions in all cases in which the chief justice votes with the majority. In addition, the chief justice presides over the Judicial Conference of the United States, a policy-making body composed of lower-court federal judges. As Chief Justice Charles Evans Hughes wrote, the Chief Justice of the U.S. Supreme Court is “the most important judicial officer in the world.”
|Child Abuse and Neglect Cases: A Comprehensive Guide to Understanding the System
Children deserve our love, support and most of all our protection. This book is roadmap for anyone that wants to help keep children safe. This guide suggests practice standards to help judges, parents’ attorneys, children’s attorneys, CFS workers, GALs and family members ask the questions that need to be asked in every case. Topics covered in the book include: what is the “system,” terms and definitions, and the need for a balanced and neutral system.
|Constitutional Literacy: A Twenty-First Century Imperative
This book considers the status of constitutional literacy in the United States along with ways to assess and improve it. The author argues that pervasive constitutional illiteracy is a problem for both law enforcement agencies and for ordinary citizens. Based on the author’s decades of teaching in law enforcement agencies around the country, this book argues for the moral and pragmatic value of constitutional literacy and its application in twenty-first century society.
|The Contemporary Congress
Loomis, Burdett A.
The Contemporary Congress offers a clear and concise introduction to legislative processes. Perfect as a brief core or supplementary text for undergraduate courses, the Sixth Edition constructs a comprehensive portrait of the U.S. Congress, from defining congressional structures and procedures to outlining the process of elections and analyzing presidential-congressional relations. With updated coverage of the most recent elections, Loomis and Schiller remain committed to providing a text that integrates academic studies both modern and classic with the actual politics of Capitol Hill. Through the use of engaging examples in every chapter, The Contemporary Congress provides the most succinct and readable analysis of the politics behind the policy decisions made every day on the House and Senate floors.
|The Death of Treaty Supremacy: An Invisible Constitutional Change
This book provides the first detailed history of the Constitution’s treaty supremacy rule. It describes a process of invisible constitutional change. The traditional supremacy rule provided that all treaties supersede conflicting state laws; it precluded state governments from violating U.S. treaty obligations. Before 1945, treaty supremacy and self-execution were independent doctrines. Supremacy governed the relationship between treaties and state law. Self-execution governed the division of power over treaty implementation between Congress and the President. In 1945, the U.S. ratified the UN Charter, which obligates nations to promote human rights “for all without distinction as to race.” In 1950, a California court applied the Charter’s human rights provisions and the traditional treaty supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had effectively abrogated Jim Crow laws throughout the South by ratifying the UN Charter. In response, conservatives mobilized support for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker’s supporters achieved their goals through de facto constitutional change. The de facto Bricker Amendment created a novel exception to the treaty supremacy rule for non-self-executing (NSE) treaties. The exception permits state governments to violate NSE treaties without authorization from the federal political branches. The death of treaty supremacy has significant implications for U.S. foreign policy and for U.S. compliance with its treaty obligations.
|Dimensions of Dignity: The Theory and Practice of Modern Constitutional Law
In an age of constitutional revolutions and reforms, theory and practice are moving in opposite directions. As a matter of constitutional practice, human dignity has emerged in jurisdictions around the world as the organizing idea of a groundbreaking paradigm. By reconfiguring constitutional norms, institutional structures and legal doctrines, this paradigm transforms human dignity from a mere moral claim into a legal norm that persons have standing to vindicate. As a matter of constitutional theory, however, human dignity remains an enigmatic idea. Some explicate its meaning in abstraction from constitutional practice, while others confine themselves to less exalted ideas. The result is a chasm that separates constitutional practice from a theory capable of justifying its innovations and guiding its operation. By expounding the connection between human dignity and the constitutional practices that justify themselves in its light, Jacob Weinrib brings the theory and practice of constitutional law back together.
|Donor Conception and the Search for Information: From Secrecy and Anonymity to Openness
This book examines donor conception and the search for information by donor-conceived people. It details differing regulatory approaches across the globe, including those that provide for “open-identity” or anonymous donation, or that take a “dual-track” approach. In doing so, it identifies models regarding the recording and release of information about donors that may assist in the further development of the law, policy and associated practices. Arguments for and against donor anonymity are considered, and specifically critiqued. The study highlights contrasting reasoning and emphasis upon various interests and factors that may underpin secrecy, anonymity or openness. The book will be of value to academics, students and legal practitioners involved with this area. It is also relevant to policy makers, health practitioners and anyone with an interest in the subject.
|The Ethics and Politics of Immigration: Core Issues and Emerging Trends
The Ethics and Politics of Immigration provides an overview of the central topics in the ethics of immigration with contributions from scholars who have shaped the terms of debate and who are moving the discussion forward in exciting directions. This book is unique in providing an overview of how the field has developed over the last twenty years in political philosophy and political theory.
The essays in this book cover issues to do with open borders, admissions policies, refugee protection and the regulation of labor migration. The book also includes coverage of matters concerning integration, inclusion, and legalization. It goes on to explore human trafficking and smuggling and the immigrant detention. The book concludes with four topics that promise to move immigration ethics in new directions: philosophical objections to states giving preference to skilled laborers; the implications of gender and care ethics; the incorporation of the philosophy of race; and how the cognitive bias of methodological nationalism affects the discussion.
|Filling in the Blanks: Practical Skills for the Working Lawyer
K115 .F55 2016
You learn a lot in law school. But there is more to being a lawyer than knowing the law inside out. Filling in the Blanks: Practical Skills for the Working Lawyer is a chapter-by-chapter roadmap, prepared by those who have succeeded in private practice, designed to take young and working lawyers through the complexities of “how to practice law”. The book is packed with in-depth lessons, learned in the crucible of daily practice, including how to: become a positive contributor to your firm; develop good judgment; build better negotiation and communication skills; read and understand financial statements; handle the litigation process; and keep a balance in your personal life. Career development is an ongoing process and this book is designed to be read and re-read to build and maintain fundamental skills. Whether you are a new law student, a first year associate, a seasoned trial lawyer, or a practice group leader, Filling in the Blanks provides the practical skills needed to understand and effectively manage the business of law.
|Food Safety Standards in International Trade: The Case of the EU and the COMESA
Food safety has become a major concern for consumers in the developed world and Europe in particular. This has been highlighted by the recent spate of food scares ranging from the BSE (mad cow) crisis to Chinese melamine contamination of baby formula. To ensure food safety throughout Europe, stringent food safety standards have been put in place ‘from farm to fork’. At the same time, poor African countries in the COMESA rely on their food exports to the European market to achieve their development goals yet have difficulty meeting the EU food safety standards. This book examines the impact of EU food safety standards on food imports from COMESA countries. It also critically examines both EU and COMESA food safety standards in light of the WTO SPS Agreement and the jurisprudence of the WTO panels and Appellate Body. The book makes ground-breaking proposals on how the standards divide between the EU and the COMESA can be bridged and discusses the impact of EU food safety standards on food imports from poor African countries.
|Freedom’s Edge: Religious Freedom, Sexual Freedom, and the Future of America
Ravitch, Frank S.
Freedom’s Edge takes the reader directly into the heart of the debate over the relationship between religious freedom and LGBT and reproductive rights. The book explains these complex areas of law, and what is at stake in the battle to protect each of these rights. The book argues that religious freedom and sexual freedom share some common elements and that in most contexts it is possible to protect both. Freedom’s Edge explains why this is so, and provides a roadmap for finding common ground and maximizing freedoms on both sides. The book will enable anyone with an interest in these issues to understand what the law actually teaches us about religious freedom, sexual freedom, and how they interact. This is important because what is often argued by partisans on both sides distorts the legal and cultural stakes, and diminishes the possibility of compromise.
|The International Politics of Human Trafficking
This book explores the international politics behind the identification of human trafficking as a major global problem. Since 2000, tackling human trafficking has spawned new legal, security and political architecture. This book is grounded in the premise that the intense response to this issue is at odds with the shaky statistics and contentious definitions underpinning it. Given the disparity between architecture and evidence, Wylie asks why human trafficking has become widely understood as a threat to personal and state security in today’s world. Relying on the idea of ‘norm lifecycle’ from constructivist International Relations, this volume traces the rise and impact of anti-trafficking activism. Global common knowledge about trafficking is now established, but at a cost. Taking issue with the predominant framing of trafficking as sexual exploitation, this book focuses on how contemporary globalization causes labour exploitation, while the concept of trafficking legitimates states’ securitized responses to migration.
|An Introduction to International Investment Law
This insightful and accessible introduction provides students and practitioners with a comprehensive overview of the increasingly important discipline of international investment law. Focusing primarily on the legal principles contained in the growing body of international investment agreements, this book covers the core concepts of the discipline with attention given to their relation to each other and to the manner in which they have been developed through arbitration case law. The context of each legal principle is explored along with a consideration of some of the major debates and emerging criticisms. Avoiding extensive case extracts, this book adopts an engaging and succinct narrative style which allows readers to advance their understanding of the topic while examining the legal principles with academic rigour and discerning commentary.
|Language and the Law: Linguistic Inequality in America
Kibbee, Douglas A.
Language policy is a topic of growing importance around the world, as issues such as the recognition of linguistic diversity, the establishment of official languages, the status of languages in educational systems, the status of heritage and minority languages, and speakers’ legal rights have come increasingly to the forefront. One fifth of the American population do not speak English as their first language. While race, gender and religious discrimination are recognized as illegal, the US does not currently accord the same protections regarding language; discrimination on the basis of language is accepted, and even promoted, in the name of unity and efficiency. Setting language within the context of America’s history, this book explores the diverse range of linguistic inequalities, covering voting, criminal and civil justice, education, government and public services, and the workplace, and considers how linguistic differences challenge our fundamental ideals of democracy, justice and fairness.
|Law’s Abnegation: From Law’s Empire to the Administrative State
Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons.
In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action.
As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
|Lifetime Disadvantage, Discrimination, and the Gendered Workforce
Lifetime Disadvantage, Discrimination and the Gendered Workforce fills a gap in the literature on discrimination and disadvantage suffered by women at work by focusing on the inadequacies of the current law and the need for a new holistic approach. Each stage of the working life cycle for women is examined with a critical consideration of how the law attempts to address the problems that inhibit women’s labour force participation. By using their model of lifetime disadvantage the authors show how the law adopts an incremental and disjointed approach to resolving the challenges and argue that a more holistic orientation towards eliminating women’s discrimination and disadvantage is required before true gender equality can be achieved. Using the concept of resilience from vulnerability theory, the authors advocate a reconfigured workplace that acknowledges yet transcends gender.
|Litigating Religious Land Use Cases
Dalton, Daniel P.
This book is a must have resource for religious entities and practitioners alike. It provides practical advice intended to afford sound instruction for religious entities and lawyers representing them to navigate the challenges and uncertainties surrounding a religious land use claim. Daniel Dalton, with over a decade of experience litigating religious land use cases, provides a critical review of: the history of religious land use, constitutionality of RLUIPA, claims under the Religious Land Use and Institutionalized Persons Act of 2000, related religious land use claims such as First Amendment Free Exercise Claims, Free Speech Claims, First Amendment Retaliation, etc. From the history, to the filing, to settling, Mr. Dalton aims to cover the essentials on how religious entities should navigate the path of approval of a religious use, or in the event the use is denied and the community violates the law, litigate land use claims on behalf of religious entities throughout the United States primarily through RLUIPA (the Religious Land Use and Institutionalized Persons Act). It is shown that RLUIPA is a valuable legislative tool that not only levels the playing field, but also promotes the viability of social growth in the community.
|Nonprofits & Government: Collaboration & Conflict
HD62.6 .N64 2017
Nonprofits and Government provides students and practitioners with the first comprehensive, interdisciplinary, research-based inquiry into the collaborative and conflicting relationship between nonprofits and government at all levels: local, national, and international. The contributors all leading experts explore how government regulates, facilitates, finances, and oversees nonprofit activities, and how nonprofits, in turn, try to shape the way government serves the public and promotes the civic, religious, and cultural life of the country. Buttressed by rigorous scholarship, a solid grasp of history, and practical ideas, this 360-degree assessment frees discussion of the nonprofit sector s relationship to government from both wishful and insular thinking. The third edition, addresses the tremendous changes that created both opportunities and challenges for nonprofit-government relations over the past ten years, including new audit requirements, tax and regulatory changes, consequences of the Affordable Care Act and the Great Recession, and new nonprofit and philanthropic forms.
|Policing and Social Media: Social Control in an Era of New Media
Schneider, Christopher J.
This book investigates various public aspects of the management, use, and control of social media by police agencies in Canada. This book aims to illustrate the process by which new information technology—namely, social media—and related changes in communication formats have affected the public face of policing and police work. Schneider argues that police use of social media has altered institutional public police practices in a manner that is consistent with the logic of social media platforms. Policing is changing to include new ways of conditioning the public, cultivating self-promotion, and expanding social control. While each case study presented here focuses on a different social media platform or format, his concern is less with the particular format per se, as these will undoubtedly change, and more with developing suitable analytical and methodological approaches to understanding contemporary policing practices on social media sites.
|The Powers of the U.S. Congress: Where Constitutional Authority Begins and Ends
KF4940 .P69 2016
This work presents a comprehensive overview of the 21 congressional powers enumerated in the Constitution of the United States through essays that focus on each power. These informative essays introduce and explain each power individually, address its evolution from 1789 to the modern day and into the foreseeable future, and provide real-world examples of how each power has been applied through U.S. history. The comprehensive content enables an understanding of the mutually supporting interplay of all of the legislative powers in our government’s system of checks and balances, and it allows readers to better appreciate how radical and daring the framers were at the Philadelphia convention in 1787.
Readers will learn about Congressional powers that greatly impact modern citizens, many of which are frequently mentioned in news media due to policy struggles over budget, immigration, and national security; debates regarding the ideal size and role of government; and many others. The contributors also address questions regarding the responsibilities of the Congress, the ways in which Congress has met or failed to meet these responsibilities over the past two centuries, and what changes to congressional power may come in the future.
|Sanctuary and Asylum: A Social and Political History
The practice of sanctuary–giving refuge to the threatened, vulnerable stranger–may be universal among humans. From primate populations to ancient religious traditions to the modern legal institution of asylum, anthropologist Linda Rabben explores the long history of sanctuary and analyzes modern asylum policies in North America, Europe, and elsewhere, contrasting them with the role that courageous individuals and organizations have played in offering refuge to survivors of torture, persecution, and discrimination. Rabben gives close attention to the mid-2010s refugee crisis in Europe and to Central Americans seeking asylum in the United States.
This wide-ranging, timely, and carefully documented account draws on Rabben’s experiences as a human rights advocate as well as her training as an anthropologist. Sanctuary and Asylum will help citizens, professionals, and policy makers take informed and compassionate action.
|State Food Crimes
Howard-Hassmann, Rhoda E.
Some states deny their own citizens one of the most fundamental human rights: the right to food. Rhoda E. Howard-Hassmann, a leading scholar of human rights, discusses state food crimes, demonstrating how governments have introduced policies that cause malnutrition or starvation among their citizens and others for whom they are responsible. The book introduces the right to food and discusses historical cases (communist famines in Ukraine, China and Cambodia, and neglect of starvation by democratic states in Ireland, Germany and Canada). It then moves to a detailed discussion of four contemporary cases: starvation in North Korea, and malnutrition in Zimbabwe, Venezuela, and the West Bank and Gaza. These cases are then used to analyse international human rights law, sanctions and food aid, and civil and political rights as they pertain to the right to food. The book concludes by considering the need for a new international treaty on the right to food.
|The Taming of Free Speech: America’s Civil Liberties Compromise
Weinrib, Laura M.
Judicial enforcement of the Bill of Rights is a defining feature of American constitutional democracy, yet in the first half of the twentieth century, neither freedom of speech nor court-centered constitutionalism commanded broad-based consensus. The Taming of Free Speech explains how lawyers and activists convinced Americans to entrust their civil liberties to the courts. When class war shook the nation’s institutions, labor radicals within the American Civil Liberties Union claimed a right to agitate through organized economic pressure–a right of workers to picket, boycott, and strike. Over time, they hitched those commitments to a conservative constitutional tradition that valorized individual rights. At the height of the New Deal, the corporate bar and its clients reluctantly accepted judicial deference to social and economic regulation. In place of property rights, they redeployed the First Amendment to shield business interests from the intrusive reach of the state. In an age of totalitarianism abroad and administrative discretion at home, a powerful Bill of Rights protected conservatives as well as radicals, industry as well as labor.
|A Tempered and Humane Economy: Markets, Families, and Behavioral Economics
Highfill, Jannett K.
A Tempered and Humane Economy finds a balance between the market principle, economic reward follows economic contribution, and the family economic principle, respect abilities, respect needs. Markets are tempered by the wisdom gained from family experiences in the way that steel is iron tempered by fire. A humane economy meets the needs and aspirations of all persons in the way that a well-tempered musical instrument allows for the playing of music in every key without discord. A Tempered and Humane Economy: Markets, Families, and Behavioral Economics argues that economists must incorporate the insights of behavioral economics into their reflections on micro- and macro-economic policy. The elephant in the room is how Americans are increasingly raising their children with an appropriate sense of entitlement and empowerment by involving them in decision making at home. We raise our children to find or create a job they will love, expecting that will make them highly productive. Not all children have these advantages, a problem we tackle head on, but enough of them do to create a critical mass of young adults who will transform our economy in a positive way for persons everywhere along the income distribution. Our vision for the U.S. Economy is one of tempered optimism and humane prosperity.
|Unraveled: Obamacare, Religious Liberty, and Executive Power
Six years after its enactment, Obamacare remains one of the most controversial, divisive, and enduring political issues in America. In this much-anticipated follow-up to his critically acclaimed Unprecedented: The Constitutional Challenge to Obamacare (2013), Professor Blackman argues that, to implement the law, President Obama has broken promises about cancelled insurance policies, exceeded the traditional bounds of executive power, and infringed on religious liberty. At the same time, conservative opponents have stopped at nothing to unravel Obamacare, including a three-week government shutdown, four Supreme Court cases, and fifty repeal votes. This legal thriller provides the definitive account of the battle to stop Obamacare from being ‘woven into the fabric of America’. Unraveled is essential reading to understand the future of the Affordable Care Act in America’s gridlocked government in 2016, and beyond.
|Victimology and Victim Rights: International Comparative Perspectives
This book examines the international, regional and domestic human rights frameworks that establish victim rights as a central force in law and policy in the twenty-first century. Accessing substantial source material that sets out a normative framework of victim rights, this work argues that despite degrees of convergence, victim rights are interpreted on the domestic level, in accordance with the localised interests of victims and individual states. The transition of the victim from peripheral to central stakeholder of justice is demonstrated across various adversarial, inquisitorial and hybrid systems in an international context.
Examining the standing of victims globally, this book provides a comparative analysis of the role of the victim in the International Criminal Court, the ad hoc tribunals leading to the development of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, together with the Extraordinary Chambers of the Courts of Cambodia, Special Panels of East Timor (Timor Leste), and the Internationalised Panels in Kosovo. The instruments of the European Parliament and Council of Europe, with the rulings of the European Court of Justice, and the European Court of Human Rights, interpreting the European Convention of Human Rights, are examined. These instruments are further contextualised on the local, domestic level of the inquisitorial systems of Germany and France, and mixed systems of Sweden, Austria and the Netherlands, together with common law systems including, England and Wales, Ireland, Scotland, USA, Australia, Canada, New Zealand, India, South Africa, and the hybrid systems of Japan and Brazil.
This book organises the authoritative instruments while advancing debate over the positioning of the victim in law and policy, as influenced by global trends in criminal justice, and will be of great interest to scholars of international law, criminal law, victimology and socio-legal studies.