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The Expanding Spaces of Law: A Timely Legal Geography
by Irus Braverman Nicholas Blomley David Delaney Alexandre Sandy KedarThe Expanding Spaces of Law presents readers with cutting-edge scholarship on legal geography and pushes the current boundaries of the field, investigating new questions and reinvigorating previous modes of inquiry. Legal geography has contributed a great deal to understanding the many relationships between space and law. Earlier work has explored space that is static, such as the law's interaction with concepts of the home, public space, prison, restrooms, camps, territories, and nation states. But the past few years have seen an emphasis on analyzing the dynamic workings of space, and the understanding of space in various new ways. The Expanding Spaces of Law asks readers to consider what legal geography would look like if we were to give more prominence to conceptions of space as process, space as event, or space as situation or relationship. Questions of space and time are often implicit in the work of legal geographers, and this book seeks to bring these questions to the fore. The Expanding Spaces of Law brings together some of the most prominent names in the field, and includes new voices in the field from around the world to introduce provocative and exciting research in legal geography.
The Expanding Spaces of Law: A Timely Legal Geography
by Irus Braverman Nicholas Blomley David Delaney Alexandre Sandy KedarThe Expanding Spaces of Law presents readers with cutting-edge scholarship on legal geography and pushes the current boundaries of the field, investigating new questions and reinvigorating previous modes of inquiry. Legal geography has contributed a great deal to understanding the many relationships between space and law. Earlier work has explored space that is static, such as the law's interaction with concepts of the home, public space, prison, restrooms, camps, territories, and nation states. But the past few years have seen an emphasis on analyzing the dynamic workings of space, and the understanding of space in various new ways. The Expanding Spaces of Law asks readers to consider what legal geography would look like if we were to give more prominence to conceptions of space as process, space as event, or space as situation or relationship. Questions of space and time are often implicit in the work of legal geographers, and this book seeks to bring these questions to the fore. The Expanding Spaces of Law brings together some of the most prominent names in the field, and includes new voices in the field from around the world to introduce provocative and exciting research in legal geography.
The Experience of Tragic Judgment
by Julen EtxabeAdjudication between conflicting normative universes that do not share the same vocabulary, standards of rationality, and moral commitments cannot be resolved by recourse to traditional principles. Such cases are always in a sense tragic. And what is called for, in our pluralistic and conflictual world is not to be found, as many would suppose, in an impersonal set of procedures with which all participants could be treated as having rationally agreed. The very idea of such a neutral system is an illusion. Rather, what is needed, Julen Etxabe argues in this book, is a heightened awareness of the difficulty of judgment. The Experience of Tragic Judgments draws upon Sophocles’ play Antigone in order to consider this difficulty and the virtues that attend its acknowledgment. Based on the transformative experience that the audience undergoes in engaging with this play what is proposed is a reconceptualization of judgment: not as it is generally thought to occur in a single isolated moment, like the falling of an axe, but rather as an experience that develops in and through space and time.
The Experimental Society
by Marshall S. ShapoThis book examines society's responses to many kinds of experimentation, focusing on both creation of and assessment of risks. As people seek new ways to make their lives safer and happier, the widespread process of experimentation claims victims. Some of these are people who directly and willingly accept the risks of experiments. By comparison, some are effectively experimental subjects in the hands of others who often may not even think of themselves as experimenting with the lives of consumers.The Experimental Society covers a wide spectrum of products and activities, including those that radiate into the environment like nuclear power, hydrofracking, and asbestos. The book spotlights prescription drugs and substances used in the most ordinary consumer products such as salt, caffeine, and BPA in sippy cups. It also discusses the testing of new ways of thinking, including those related to social organization and processes, and even the law itself. A particular concern is the case in which the subjects of experiments are unaware that the experiments are taking place.This lucidly written volume will be useful to practicing lawyers who specialize in personal injury law, and law professors who teach such subjects as torts and products liability, medicine, and science. Physicians and scientists in various branches of medicine will find it provocative, as will political scientists, economists, sociologists, anthropologists, and philosophers.
The Expert Witness in Construction
by John Mullen Robert HorneThe role of the expert witness has long been important in the resolution of construction disputes. The specialist opinion brought by the expert can aid understanding and interpretation of the facts of the dispute, and may be influential in deciding the outcome. The variety of dispute resolution procedures and the requirement for the expert witness to be independent places a heavy burden on the parties to identify and instruct an appropriate expert, and on the expert to ensure they discharge their duty in the correct manner. The Expert Witness in Construction explains, in practical terms, the way in which experts work with particular reference to the construction industry. Within this book the Expert's role is explained in legal and practical terms as a progression from understanding the basic principles by which Experts can be identified, through appointment, to giving evidence before a tribunal. At every stage commentary is given to: help and guide professionals new to the arena of expert evidence; act as a resource for those already acting as Experts; assist party representatives looking for best practice guidance on the instruction of Experts; and provide parties to disputes information on what they should expect from the Expert they appoint to explain the issues in the case. Covering all the implications of identifying, appointing, instructing and relying on experts, it will help the reader to understand why experts are instructed in the way they are, how to identify the expert that is right for a particular case and how evidence should be presented. Written by a practicing lawyer and a consultant with extensive experience of acting as an expert witness, the requirements of both the lawyer and expert are discussed. As such, it will help both parties to understand each other resulting in a closer, more productive working relationship.
The Expert Witness, Forensic Science, and the Criminal Justice Systems of the UK
by Sue Black S. Lucina Hackman Fiona RaittThe global nature of crime often requires expert witnesses to work and present their conclusions in courts outside their home jurisdiction with the corresponding need for them to have an understanding of the different structures and systems operating in other jurisdictions. This book will be a resource for UK professionals, as well as those from overseas testifying internationally, as to the workings of all UK jurisdictions. It also will help researchers and students to better understand the UK legal system.
The Expert in Litigation and Arbitration (Lloyd's Commercial Law Library)
by Mark CatoThe Expert in Litigation and Arbitration provides the complete picture of the role and duties of the expert witness in the UK, Germany, France, Italy, USA, Australia, Hong Kong and China. With articles and chapters from leading practitioners around the world, the book looks at the role of the expert in many different disciplines and jurisdictions, examining topical issues such as the independent status of the expert and professional liability. This book looks at the role of experts in both arbitration and litigation, considering how experts are currently used in civil actions and what lessons can be learnt from this. With much practical advice for the inexperienced expert witness, it covers many of the pitfalls faced by experts, looking at the various situations that can arise either in court or before an arbitrator.
The Export of Legal Education: Its Promise and Impact in Transition Countries
by D. Wes RistThis collection is the multifaceted result of an effort to learn from those who have been educated in an American law school and who then returned to their home countries to apply the lessons of that experience in nations experiencing social, economic, governmental, and legal transition. Written by an international group of scholars and practitioners, this work provides a unique insight into the ways in which legal education impacts the legal system in the recipient’s home country, addressing such topics as efforts to influence the current style of legal education in a country and the resistance faced from entrenched senior faculty and the use of U.S. legal education methods in government and private legal practice. This book will be of significant interest not only to legal educators in the United States and internationally, and to administrators of legal education policy and reform, but also to scholars seeking a more in-depth understanding of the connections between legal education and socio-political change.
The Expressive Powers of Law: Theories and Limits
by Richard H. McadamsWhy do people obey the law? Law deters crime by specifying sanctions, and because people internalize its authority. But Richard McAdams says law also generates compliance through its expressive power to coordinate behavior (traffic laws) and inform beliefs (smoking bans)--that is, simply by what it says rather than what it sanctions.
The Extension of Coastal State Jurisdiction in Enclosed or Semi-Enclosed Seas: A Mediterranean and Adriatic Perspective (IMLI Studies in International Maritime Law #4)
by Mitja GrbecThe current jurisdictional status of the Mediterranean Sea is remarkable. Nearly 50 per cent of the Mediterranean waters are high seas and therefore beyond the jurisdiction of coastal States. This situation means that there are no points in the Mediterranean Sea where the coasts of two States would be more than 400 nautical miles apart. Such a legal situation generally prevents coastal States from adopting and enforcing their laws on the Mediterranean high seas, in respect of many important fields such as the protection and preservation of the marine environment, as well as the conservation of marine living resources. The jurisdictional landscape of the Adriatic Sea as a sub-sea and sub-region of the Mediterranean, is even more interesting. Croatia has proclaimed an Ecological and Fisheries Protection Zone, Slovenia has proclaimed a Zone of Ecological Protection, while Italy has adopted a framework law for the proclamation of its Zone of Ecological Protection without proclaiming its regime in the Adriatic. It is noteworthy that if all Mediterranean and Adriatic States would proclaim an Exclusive Economic Zone (EEZ), there would not be a single stretch of high seas left in the entire Mediterranean Sea. Both the Adriatic and Mediterranean fall in the category of enclosed or semi-enclosed seas regulated by Part IX of the United Nations Convention on the Law of the Sea (UNCLOS). This book assesses the legal nature of Part IX of UNCLOS and discusses potential benefits of the extension of coastal State jurisdiction (proclamation of EEZs and/or similar sui generis zones), particularly in light of the recent calls towards an integrated and holistic approach to the management of different activities in the Mediterranean Sea. It examines the actual or potential extension of coastal State jurisdiction in the Adriatic Sea, against the background of similar extensions elsewhere in the Mediterranean and against the background of relevant EU policies. It additionally explores whether Part IX of UNCLOS imposes any duties of cooperation in relation to the extension of coastal State jurisdiction in enclosed or semi-enclosed seas, and puts forward practical suggestions as to how the issue of extension of coastal State jurisdiction could be approached in a way which would enhance States existing cooperation and improve the overall governance in the Mediterranean and Adriatic seas. This book will be of interest to policymakers and academics and students of international law, and the law of the sea.
The External Dimension of Justice and Home Affairs: A Different Security Agenda For The European Union? (Journal Of European Integration Special Issues Ser.)
by Sarah Wolff, Nicole Wichmann and Gregory MounierThis book proposes to cast some theoretical and empirical light upon the external dimension of Justice and Home Affairs (JHA) which has become a priority in the European Union (EU)’s external relations. Counter-terrorism, visa policy, drug trafficking, organized crime or border controls have indeed become daily business in EU’s relations with the rest of the world. The external dimension of JHA is a persistent policy objective of the EU and its member states, as the 1999 Tampere summit conclusions, the 2000 Coreper report, the 2005 Strategy for the External Dimension of JHA, and the integration of JHA chapters under the European Neighbourhood Policy testify. With an interdisciplinary ambition in mind, this book reflects an attempt to draw together theoretical and empirical insights on the external dimension written by academic scholars that take an interest in questions of JHA and European Foreign Policy (EFP). It does so from an issue-oriented perspective (civilian crisis management, the European Neighbourhood Policy, counter-terrorism policy, visa policy, passenger name record) but also from a geographical perspective with in-depth analysis of the situation in the Western Balkans, Georgia, transatlantic relations and of the Mediterranean neighbourhood. This book was published as a special issue of the Journal of European Integration.
The External Environmental Policy of the European Union: EU and International Law Perspectives
by Elisa MorgeraThis collection of essays comprehensively and systematically analyzes the various instruments and innovative approaches through which the EU is forging its external environmental policy, the legal implications of its multifaceted practice and interactions with international environmental law. It explains the legal and institutional framework for EU external action on environmental protection and sustainable development, identifying the changes introduced, and challenges posed, by the Lisbon Treaty. It explores key tools and trends in defining and implementing EU external policy across a broad range of environmental issues, as well as linkages with trade and human rights. It also assesses the reciprocal influences between the development and implementation of EU environmental law and of international environmental law.
The Extraordinary Chambers in the Courts of Cambodia
by Simon M. Meisenberg Ignaz StegmillerThis book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime. Established by domestic law following an agreement in 2003 between the Kingdom of Cambodia and the UN, the ECCC's hybrid features provide a unique approach of accountability for mass atrocities. The book entails an analysis of the work and jurisprudence of the ECCC, providing a detailed assessment of their legacies and contribution to international criminal law. The collection, containing 20 chapters from leading scholars and practitioners with inside knowledge of the ECCC, discuss the most pressing topics and its implications for international criminal law. These include the establishment of the ECCC, subject matter crimes, joint criminal enterprise and procedural aspects, including questions regarding the trying of frail accused persons and the admission of torture statements into evidence. Simon M. Meisenberg is an Attorney-at-Law in Germany, formerly he was a Legal Advisor to the ECCC and a Senior Legal Officer at the Special Court for Sierra Leone. Ignaz Stegmiller is Coordinator for the International Programs of the Faculty of Law at the Franz von Liszt Institute for International and Comparative Law, Giessen, Germany.
The Extraordinary Life of Edwin B. Winans: From the Stampede for Gold in California to the Capitol of Michigan
by Valerie WinansThere was a mystery around the walking stick hidden away in the front hall closet. It was rarely even mentioned. It was revealing to pull it down from the top shelf and slide it out of the sleeve that protected it and into the light of day. The walking stick made of California redwood and topped with a nugget of quartz veined with gold is beautiful and impressive, stopping its observer in his tracks and making him wonder where it came from and who owned such an ornament. Who was the man who had the hubris to stroll down the street swinging such a glorious walking stick? The man, Edwin Winans, is as impressive as his stick. His story is revealed here in stages of his growth, starting as a young man in his quest for gold. He suffered much before he was successful; there's a love story to recount, adventures, and political intrigues. This story of his life presents an insight into the unusual man who left Michigan a better place because he lived, worked, served, and left a legacy.
The Extraterritorial Application of the Human Right to Water in Africa
by Takele Soboka BultoInternational human rights law has only recently concerned itself with water. Instead, international water law has regulated the use of shared rivers, and only states qua states could claim rights and bear duties towards each other. International human rights law has focused on its principal mission of taming the powers of a state acting territorially. Takele Soboka Bulto challenges the established analytic boundaries of international water law and international human rights law. By demonstrating the potential complementarity between the two legal regimes and the ensuing utility of regime coordination for the establishment of the human right to water and its extraterritorial application, he also shows that human rights law and the international law of watercourses can apply in tandem with the purpose of protecting non-national non-residents in Africa and beyond.
The Extraterritoriality of Law: History, Theory, Politics (Politics of Transnational Law)
by Daniel S. Margolies Umut Özsu Maïa Pal Ntina TzouvalaQuestions of legal extraterritoriality figure prominently in scholarship on legal pluralism, transnational legal studies, international investment law, international human rights law, state responsibility under international law, and a large number of other areas. Yet many accounts of extraterritoriality make little effort to grapple with its thorny conceptual history, shifting theoretical valence, and complex political roots and ramifications. This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal extraterritoriality. Situating questions of extraterritoriality in a set of broader investigations into state-building, imperialist rivalry, capitalist expansion, and human rights protection, it tracks the multiple meanings and functions of a distinct and far-reaching mode of legal authority. The fundamental aim of the volume is to examine the different geographical contexts in which extraterritorial regimes have developed, the political and economic pressures in response to which such regimes have grown, the highly uneven distributions of extraterritorial privilege that have resulted from these processes, and the complex theoretical quandaries to which this type of privilege has given rise. The book will be of considerable interest to scholars in law, history, political science, socio-legal studies, international relations, and legal geography.
The Eye of the Law: Two Essays on Legal History (Birkbeck Law Press)
by Michael StolleisWritten by the eminent German legal historian, Michael Stolleis, these two ‘Essays on Legal History’ offer an original and compelling history of the symbolism through which law is characterised as being 'above' us. In ‘The Eye of the Law’, the history of this metaphor is followed from antiquity through to the present day: from the Greek Eye of Justice, the eye of the impartial judge of the Underworld, the Eye of God watching past, present and future, the Eye of the Prince, guiding his subjects, to the almighty Eye of the Law. While our belief in the law may have become brittle, nothing escapes what is now the Eye of Big Brother. ‘In the Name of the Law’ takes up the various formulas used to legitimate the decisions of the courts, from the times of absolutism over the 19th century until today. The speaker who speaks in the name of a higher being underlines his function: his authority comes from above. And it is ‘in the name of’ god, king, people, state, nation, or law, that a weak, earthly, justice receives its support.
The FBI (Cornerstones of Freedom, 2nd Series)
by Sarah De CapuaIntroduces the history and function of the Federal Bureau of Investigation, and presents facts about such topics as women and minorities in the Bureau, the FBI Academy, and how to become an agent. Includes bibliographical references and index.
The FBI Files: Sucessful Investigations
by Dale AndersonThe federal Bureau of Investigation (FBI) is a national agency dedicated to investigation federal crimes. Founded as a small team of special agents on July 26, 1908, the Bureau was first charged with enforcing the growing body of federal laws covering the United States as a whole. Almost from the beginning of its 100-year history, the Bureau has been the subject of legend and controversy. It has also evolved into a vast and sophisticated national law-enforcement agency. Whether as a federal crime-fighting force or a source of investigative support of local and state police forces, the modern FBI strives to embody its ideals of fidelity, bravery, and integrity. How did the FBI capture the Oklahoma City bomber in just two days? How did it track down the killer of Dr. Martin Luther King, Jr., in just a few weeks? Why did it take years to solve the infamous 1950 Brink's robbery? How have ordinary citizens helped bring down the nation's most wanted criminals? Whether it takes careful forensic science, years of investigative work, a carefully laid trap, or a timely tip, the FBI uses every tool at its disposal to catch the targets of its investigations.
The FBI and Civil Rights
by Dale AndersonThe Federal Bureau of Investigation (FBI) is a national agency dedicated to investigating federal crimes. Founded as a small team of special agents on July 26, 1908, the Bureau was first charged with enforcing the growing body of federal laws covering the United States as a whole. Almost from the beginning of its 100-year history, the Bureau has been the subject of legend and controversy. It has also evolved into a vast and sophisticated national law-enforcement agency. Whether as a federal crime-fighting force or a source of investigative support of local and state police forces, the modern FBI strives to embody its ideals of fidelity, bravery, and integrity. For many years, the FBI avoided civil rights cases, but escalating racial violence during the 1960s forced the Bureau to begin investigating these cases. Today, the Bureau works in three key civil rights areas-hate crimes against minority groups, abuse of power by public officials, and human trafficking. These types of cases pose many challenges to the FBI, but the Bureau today is committed to stopping people who would deny others their right to be treated with fairness and equality under the law.
The FBI and Crimes Against Children
by Sabrina CreweThe federal Bureau of Investigation (FBI) is a national agency dedicated to investigation federal crimes. Founded as a small team of special agents on July 26, 1908, the Bureau was first charged with enforcing the growing body of federal laws covering the United States as a whole. Almost from the beginning of its 100-year history, the Bureau has been the subject of legend and controversy. It has also evolved into a vast and sophisticated national law-enforcement agency. Whether as a federal crime-fighting force or a source of investigative support of local and state police forces, the modern FBI strives to embody its ideals of fidelity, bravery, and integrity. In its role as a national crime-fighting force, the FBI sometimes pursues the worst of all criminals-those who target and harm children. This volume examines the crimes that exploit children, looking at everything from online predators to kidnappers and killers and highlighting several famous cases. It shows how and when the FBI becomes involved and the techniques used by the FBI's Crimes Against Children team. The book also explains the important relationships between the FBI and its partners in law enforcement and in the community.
The FBI and Cyber Crime
by Robert GraysonThe federal Bureau of Investigation (FBI) is a national agency dedicated to investigation federal crimes. Founded as a small team of special agents on July 26, 1908, the Bureau was first charged with enforcing the growing body of federal laws covering the United States as a whole. Almost from the beginning of its 100-year history, the Bureau has been the subject of legend and controversy. It has also evolved into a vast and sophisticated national law-enforcement agency. Whether as a federal crime-fighting force or a source of investigative support of local and state police forces, the modern FBI strives to embody its ideals of fidelity, bravery, and integrity. Computers have changed the way people do business, gather information, communicate...and engage in crime. From remote locations in cyber space, criminals can break into a computer and steal valuable information, including credit card and social security numbers, leading to the theft of people's money and identities. Today, the FBI attacks cyber-crime by using sophisticated technology and developing wide-ranging partnerships with companies, academic communities, law enforcement agencies, and concerned individuals-all determined to protect the online community from scam artists, predators, and thieves.
The FBI and National Security
by Robert GraysonThe Federal Bureau of Investigation (FBI) is a national agency dedicated to investigation federal crimes. Founded as a small team of special agents on July 26, 1908, the Bureau was first charged with enforcing the growing body of federal laws covering the United States as a whole. Almost from the beginning of its 100-year history, the Bureau has been the subject of legend and controversy. It has also evolved into a vast and sophisticated national law-enforcement agency. Whether as a federal crime-fighting force or a source of investigative support of local and state police forces, the modern FBI strives to embody its ideals of fidelity, bravery, and integrity. This book shows the way the FBI operates in the post-9/11 world. By reviewing both the historical role and contemporary role of the FBI in matters of terrorism and national security, this book shows how the agency has reinvented itself into an intelligence-gathering counterterrorism force bent on stopping any and all terrorist threats against the United States. Protecting the nation from a terrorist attack is now-and for the foreseeable future-the FBI's top priority, and the agency has dedicated its resources to accomplishing this important mission.
The FBI and Organized Crime
by Dale AndersonThe Federal Bureau of Investigation (FBI) is a national agency dedicated to investigation federal crimes. Founded as a small team of special agents on July 26, 1908, the Bureau was first charged with enforcing the growing body of federal laws covering the United States as a whole. Almost from the beginning of its 100-year history, the Bureau has been the subject of legend and controversy. It has also evolved into a vast and sophisticated national law-enforcement agency. Whether as a federal crime-fighting force or a source of investigative support of local and state police forces, the modern FBI strives to embody its ideals of fidelity, bravery, and integrity. The FBI did not enter the fight against organized crime eagerly. However, once it did-and once Congress gave the Bureau powerful weapons to use against crime families-the FBI moved with skill. By finding informants, following the paper trail of money earned illegally, and using carefully placed wiretaps, the FBI has put hundreds of mobsters behind bars. Today, the FBI's fight against mobsters often involves working with police in other countries, because organized crime has become an international problem. At the same time, the FBI has focused on breaking gangs that control the illegal drug trade.
The FBI and Public Corruption
by Robert GraysonThe federal Bureau of Investigation (FBI) is a national agency dedicated to investigation federal crimes. Founded as a small team of special agents on July 26, 1908, the Bureau was first charged with enforcing the growing body of federal laws covering the United States as a whole. Almost from the beginning of its 100-year history, the Bureau has been the subject of legend and controversy. It has also evolved into a vast and sophisticated national law-enforcement agency. Whether as a federal crime-fighting force or a source of investigative support of local and state police forces, the modern FBI strives to embody its ideals of fidelity, bravery, and integrity. When people who commit bribery, extortion, or embezzlement work in local, state, or federal government, then their crimes are a form of public corruption. The perpetrators may be elected officials, judged, building and health inspectors, or even police officers. What these people have in common is a position of public trust, and they have chosen to violate that trust in exchange for money or something else of value. Rooting our corrupt officials and bringing them to justice is a task that falls to special agents of the FBI.