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Advances in Cryptology – CRYPTO 2017: 37th Annual International Cryptology Conference, Santa Barbara, CA, USA, August 20–24, 2017, Proceedings, Part I (Lecture Notes in Computer Science #10401)
by Jonathan Katz Hovav ShachamThe three volume-set, LNCS 10401, LNCS 10402, and LNCS 10403, constitutes the refereed proceedings of the 37th Annual International Cryptology Conference, CRYPTO 2017, held in Santa Barbara, CA, USA, in August 2017. The 72 revised full papers presented were carefully reviewed and selected from 311 submissions. The papers are organized in the following topical sections: functional encryption; foundations; two-party computation; bitcoin; multiparty computation; award papers; obfuscation; conditional disclosure of secrets; OT and ORAM; quantum; hash functions; lattices; signatures; block ciphers; authenticated encryption; public-key encryption, stream ciphers, lattice crypto; leakage and subversion; symmetric-key crypto, and real-world crypto.
Advances in Cyber Security: Third International Conference, ACeS 2021, Penang, Malaysia, August 24–25, 2021, Revised Selected Papers (Communications in Computer and Information Science #1487)
by Nibras Abdullah Selvakumar Manickam Mohammed AnbarThis book presents refereed proceedings of the Third International Conference on Advances in Cyber Security, ACeS 2021, held in Penang, Malaysia, in August 2021. The 36 full papers were carefully reviewed and selected from 92 submissions. The papers are organized in the following topical sections: Internet of Things, Industry 4.0 and Blockchain, and Cryptology; Digital Forensics and Surveillance, Botnet and Malware, DDoS, and Intrusion Detection/Prevention; Ambient Cloud and Edge Computing, SDN, Wireless and Cellular Communication; Governance, Social Media, Mobile and Web, Data Privacy, Data Policy and Fake News.
Advances in Efficiency and Productivity Analysis (Springer Proceedings in Business and Economics)
by Christopher F. Parmeter Robin C. SicklesThe volume examines the state-of-the-art of productivity and efficiency analysis. It brings together a selection of the best papers from the 10th North American Productivity Workshop. By analyzing world-wide perspectives on challenges that local economies and institutions may face when changes in productivity are observed, readers can quickly assess the impact of productivity measurement, productivity growth, dynamics of productivity change, measures of labor productivity, measures of technical efficiency in different sectors, frontier analysis, measures of performance, industry instability and spillover effects.The contributions in this volume focus on the theory and application of economics, econometrics, statistics, management science and operational research related to problems in the areas of productivity and efficiency measurement. Popular techniques and methodologies including stochastic frontier analysis and data envelopment analysis are represented. Chapters also cover broader issues related to measuring, understanding, incentivizing and improving the productivity and performance of firms, public services, and industries.
Advances in Forensic Applications of Mass Spectrometry
by JehudaYinonRecent developments in analytical instrumentation have had an enormous influence on forensic analysis. The mass spectrometer is now an integral part of every forensic laboratory, resulting in greater analytical accuracy, more reliable identification, and lower detection limits. As the instrumental method of choice among forensic analysts, the mass
Advances in Forensic Taphonomy: Method, Theory, and Archaeological Perspectives
by William D. Haglund Marcella H. SorgLiberally illustrated with photographs, maps, and other images, Advances in Forensic Taphonomy: Method, Theory, and Archaeological Perspectives offers modern techniques for obtaining clues from postmortem evidence. This bestselling reference examines techniques in recovery and analysis, coverage of mass grave investigation, applications of nuclear and mitochondrial DNA techniques, interpretation of burned human remains, the discrimination of trauma from postmortem change, and taphonomic interpretation of water deaths both at the scene and in the lab. It also discusses microenvironmental variation and decomposition in different environments, as well as geochemical and entomological analysis.
Advances in Geoethics and Groundwater Management: Proceedings of the 1st Congress on Geoethics and Groundwater Management (GEOETH&GWM'20), Porto, Portugal 2020 (Advances in Science, Technology & Innovation)
by Manuel Abrunhosa António Chambel Silvia Peppoloni Helder I. ChaminéThis book gathers the peer-reviewed proceedings of the 1st congress on Geoethics & Groundwater Management (GEOETH&GWM'20), held in Porto, Portugal, in an online format on 18-22 May 2020. Hosted in School of Engineering (ISEP), Polytechnic of Porto based on Porto city (a UNESCO World Heritage Site), the international conference focused on what has now been dubbed “hydrogeoethics”, a novel transdisciplinary, scientific field integrating all dimensions of geoethics in groundwater science and practice. Given its scope, the book is of interest to all researchers and practitioners in the geosciences, hydrology, water resources, hydrogeology, natural resources management, environment, engineering, law, sociology, education, philosophy, culture, among others.This joint congress is the result of a collaborative agreement between the IAH (International Association of Hydrogeologists) and IAPG (International Association for Promoting Geoethics) and reflects the need for concerted actions to achieve sustainable development.The diversity, scale, significance and increasing magnitude of anthropogenic interactions with aquifers and groundwater, which often involve conflicting values or interests, call for analysis, discussions and decisions on the part of the agents involved, e.g. groundwater scientists, policymakers, managers, organisations, professionals and citizens. This approach calls for a responsible, sustainable and human approach to groundwater use and management.The groundwater community involved in the exploration and exploitation, use and management of this increasingly vital natural resource is becoming more and more aware that ethical issues pervade all our attitudes from concept to action and need to be addressed. Diverse values and cultures, science and education, law and policies, human and natural environments and the public and the economic sectors view groundwater and its value and/or role differently. The authors believe that in a globalised and interconnected world, common ground must be found in the interest of peace, human development and sustainability. The main topics covered here include:1. Fundamentals of hydrogeoethics: cultures, principles and geoethical values on groundwater science and engineering2. Lessons for a resilient and sustainable future with hydrogeoethics: case studies of geoethics in groundwater science-engineering, profession, and management3. Scientific and humanistic components of hydrogeoethics in groundwater education and professional training 4. Socio-hydrogeology and ethical groundwater management 5. Geoethics of decision making under uncertainty and ethical issues in neglecting groundwater functioning 6. Groundwater: geological, legal, social, and ethical challenges of a unique natural resource
Advances in Information and Computer Security: 14th International Workshop on Security, IWSEC 2019, Tokyo, Japan, August 28–30, 2019, Proceedings (Lecture Notes in Computer Science #11689)
by Nuttapong Attrapadung Takeshi YagiThis book constitutes the refereed proceedings of the 14th International Workshop on Security, IWSEC 2019, held in Tokyo, Japan, in August 2019. The 18 regular papers and 5 short papers presented in this volume were carefully reviewed and selected from 61 submissions. They were organized in topical sections named: Public-Key Primitives; Cryptanalysis on Public-Key Primitives; Cryptographic Protocols; Symmetric-Key Primitives; Malware Detection and Classification; Intrusion Detection and Prevention; Web and Usable Security; Cryptanalysis on Symmetric-Key Primitives; and Forensics.
Advances in Paleoimaging: Applications for Paleoanthropology, Bioarchaeology, Forensics, and Cultural Artefacts
by Gerald J. Conlogue Ronald G. BeckettAdvances in Paleoimaging: Applications for Paleoanthropology, Bioarchaeology, Forensics, and Cultural Artifacts builds on the research and advances in technology since the writing of the authors’ first book, Paleoimaging: Field Applications for Cultural Remains and Artifacts (ISBN: 978-1-4200-9071-0). Since Paleoimaging was published in 2009, additional research settings for the application of advanced imaging technologies have been identified. Practices are now more widespread and standardized with the capabilities and utilization of imaging methodologies increasing dramatically. Given the numerous advances in paleoimaging technique and technology, this book chronicles the evolution that has taken place in all the imaging modalities. Chapters include the coverage of magnetic resonance imaging, computed tomography, plane and digital radiography, endoscopy, and applications of x-ray fluorescence, as well as the principles of industrial radiography. While the book focuses on a multimodal imaging approach to anthropological and archaeological research, the authors and contributing authors have vast experience in other areas and present coverage of biological applications as well. The multidisciplinary chapters provide a foundation to understand the application of various imaging modalities in archaeological, anthropological, bioanthropological, and forensic settings. As such, Advances in Paleoimaging will serve as an essential reference for conservators, museum archivists, forensic anthropologists, paleopathologists, and archaeologists, who perform non-destructive research on historical or culturally significant artifacts, remains, or material from a forensic investigation. The concepts and methods presented in this text are supported with case presentations of the authors' vast experience in the new companion book, Case Studies for Advances in Paleoimaging (ISBN: 978-0-367-25166-6) by Beckett, Conlogue, and Nelson (2020).
Advances in Pharma Business Management and Research: Volume 1
by Lars Schweizer Theodor Dingermann Otto Quintus Russe Christian JansenThis open access book presents a unique collection of practical examples from the field of pharma business management and research. It covers a wide range of topics such as: 'Brexit and its Impact on pharmaceutical Law - Implications for Global Pharma Companies', 'Implementation of Measures and Sustainable Actions to Improve Employee's Engagement', 'Global Medical Clinical and Regulatory Affairs (GMCRA)', and 'A Quality Management System for R&D Project and Portfolio Management in a Pharmaceutical Company'. The chapters are summaries of master’s theses by "high potential" Pharma MBA students from the Goethe Business School, Frankfurt/Main, Germany, with 8-10 years of work experience and are based on scientific know-how and real-world experience. The authors applied their interdisciplinary knowledge gained in 22 months of studies in the MBA program to selected practical themes drawn from their daily business.
Advances in Psychology and Law: Volume 1 (Advances in Psychology and Law #1)
by Brian H. Bornstein Monica K. MillerThis first volume of an exciting annual series presents important new developments in the psychology behind issues in the law and its applications. Psychological theory is used to explore why many current legal policies and procedures can be ineffective or counterproductive, with special emphasis on new findings on how witnesses, jurors, and suspects may be influenced, sometimes leading to injustice. Expert scholars make recommendations for improvements, suggesting both future directions for research inquiries on topics and needed policy changes. Topics included in this initial offering have rarely been considered in such an in-depth fashion or are in need of serious re-thinking: Interrogation of minority suspects: pathways to true and false confessions. A comprehensive evaluation of showups. The weapon focus effect for person identifications and descriptions. The psychology of criminal jury instructions. Structured risk assessment and legal decision making. Children's participation in legal proceedings: stress, coping, and consequences. Sex offender policy and prevention. The psychology of tort law. Demonstrating the scope and rigor that will characterize the series, Volume 1 of Advances in Psychology and Law will interest psychology and legal experts as well as practicing psychologists, and will inspire fresh thinking as the two fields continue to interact.
Advances in Psychology and Law: Volume 2 (Advances in Psychology and Law #2)
by Brian H. Bornstein Monica K. MillerAs with its esteemed predecessor, this timely volume offers ways of applying psychological knowledge to address pressing concerns in legal procedures and potentially to reduce criminal offending. In such areas as interrogations, expert testimony, evidence admissibility, and the "death qualification" process in capital trials, contributors offer scientific bases for trends in suspect, witness, and juror behavior and identify those practices liable to impinge on just outcomes. Recommendations span a wide range of research, practice, and policy areas, from better approaches to assessment to innovative strategies for reducing recidivism. The interdisciplinary perspectives of these chapters shed salient light on both the reach of the issues and possibilities for intervening to improve the functioning of the justice system. Among the topics covered: #65533; The validity of pleading guilty. #65533; The impact of emotions on juror judgments and decision making. #65533; The content, purpose, and effects of expert testimony on interrogation practices and suspect confessions. #65533; A synthetic perspective on the own-race bias in eyewitness identification. #65533; Risk-reducing interventions for justice-involved individuals. #65533; Criminal justice and psychological perspectives on deterring gangs. As a means to spur research and discussion, and to inspire further collaboration between the fields, Volume 2 of Advances in Psychology and Law will interest and intrigue researchers and practitioners in law-psychology as well as practicing attorneys, trial consultants, and clinical psychologists.
Advances in Psychology and Law: Volume 4
by Brian H. Bornstein Monica K. MillerThe present volume consists of up-to-date review articles on topics relevant to psychology and law, and will be of current interest to the field. Notably, the majority of these topics are currently attracting a great deal of research and public policy attention in the U.S. and elsewhere, as evidenced by programs at the American Psychology-Law Society and related conferences. Topics for the present volume include: attitudes toward the police (Cole et al.), alibis (Charman et al.), hate crimes based on gender and sexual orientation (Plumm & Leighton), the role of gender at trial (Livingston et al.), neuroimages in court (Glen), intimate partner violence (Mauer & Reppucci), post-identification feedback (Douglass & Smalarz) and individual differences in eyewitness identification (Snowden & Bornstein), veterans’ wellbeing (Berthelot & Prager), and plea bargaining (Levett).
Advances in Techno-Humanities: Case Studies from Culture, Philosophy and the Arts (Routledge Studies in Translation Technology and Techno-Humanities)
by Mak Kin-WahThis book is a pioneering attempt to explore the relationships between technology and the humanities through case studies and specific contexts in the areas of language, theatre, literature, translation, philosophy, music, home designations, learning environment, and artificial intelligence. Written by scholars and specialists across various fields, the chapters explore the emerging field of techno-humanities. This book examines the development of language and society by means of Big Data, how technology is integrated into the theatres of Hong Kong and the ensuing results of such integration. The authors also highlight how technology is able to analyse, understand, and visualise literary works and to bring drastic changes to translation in the past seven decades. Long-standing philosophical issues are re-examined, linkages between technology and theoretical concepts are illuminated, and the emotional aspects of computational applications are investigated. This book also delves into insightful case studies such as providing suggestions to train novice translators through corpus-assisted translation teaching, analysing patterns of housing names, and discovering a new online method to acknowledge acquisition through authentic learning experiences. Overall, this book serves as a point of departure for us to go deeper into the role of technology in transforming the humanities in this digital age. This is a useful read for students and scholars interested in learning more about the cross section between humanities and technology.
Advancing Agroecology in International Law (Routledge Research in International Environmental Law)
by Rob AmosProducing enough food is a basic human priority and a critical challenge in the face of a growing population and the deteriorating ecological health of the planet. Modern agricultural practices promise to maximise the productive efficiency of available land but are one of the main drivers of agro- and biodiversity loss. Agroecology, which places ecological sustainability and diversity at the heart of agriculture, is one response to these challenges. It presents agriculture not only as the process through which food is produced, but as a dynamic socioecological phenomenon that exists through networks comprising natural and human stakeholders at global, national and subnational levels. Drawing on a combination of agroecological and legal literature, this book explores where there is space in international law to pursue agroecology. Using a range of case studies, it demonstrates how concepts, mechanisms and regulatory approaches in the law advance, and can be reformed to further advance, an agroecological legal framework that allows humanity to meet its agricultural needs in a way that protects the natural and cultural diversity that is fundamental to the ecological integrity of the planet.
Advancing Children’s Rights in Detention: A Model for International Reform
by Ursula Kilkelly Pat BerginThe UN Global Study on Children Deprived of Liberty detailed many children’s poor experiences in detention, highlighting the urgent need for reform. Applying a child-centred model of detention that fulfils the rights of the child under the five themes of provision, protection, participation, preparation and partnership, this original book illustrates how reform can happen. Drawing on Ireland’s experience of transforming law, policy and practice, and combining theory with real-life experiences, this compelling book demonstrates how children’s rights can be implemented in detention. This important case study of reform presents a powerful argument for a progressive, rights-based approach to child detention. Worthy of international application, the book shares practical insights into how theory can be translated into practice.
Advancing Equality: How Constitutional Rights Can Make a Difference Worldwide
by Jody Heymann Aleta Sprague Amy RaubIn a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all.
Advancing Genocide Studies: Personal Accounts and Insights from Scholars in the Field
by Samuel TottenAdvancing Genocide Studies follows in the footsteps of the editor's earlier volume, Pioneers of Genocide Studies. Here a new generation of scholars presents personal essays that reveal their motivation to study genocide, the passion that drives them to continue its study, their primary scholarly interests and efforts, and their perspective on the field as it currently stands.The contributors come from diverse backgrounds, numerous different nations and various disciplines: Kjell Anderson (The Netherlands, criminology); Yair Auron (Israel, history and education); Taner Akcam (Turkey and United States, history and sociology); Alexander Alvarez (United States, criminology); Gerry Caplan (Canada, history); Craig Etcheson (United States, international relations); Maureen Hiebert (Canada, political science); Adam Jones (Canada, political science); Henry Theriault (United States, philosophy); Samuel Totten (United States, history and political science); and Ugor Ungor (The Netherlands, history and sociology).All the contributors are well known in the field of genocide studies, and all have made important contributions to this area. Variously, they have done important theoretical work, produced new findings vis-a-vis old cases of genocide, and are pursuing new issues and topics within the field of genocide studies. Many have worked "on the ground" and bring a sense of immediacy to various crises.
Advancing International Human Rights Law Responsibilities of Development NGOs: Respecting and Fulfilling the Right to Reparative Justice for Genocide Survivors in Rwanda
by Noam SchimmelThis book explores the potential responsibilities to respect, protect and fulfill international human rights law (IHRL) of a particular class of non-state actors: non-governmental organizations (NGOs). It calls for NGOs pursuing development to respect and fulfill the human right of genocide survivors to reparative justice in Rwanda. It argues that NGOs have social and moral responsibilities to respect and fulfill IHRL, and for greater accountability for them to do so. The book focuses on those NGOs advancing development in a post genocide transitional justice context acting simultaneously in partnership with state governments, as proxies and agents for these governments, and providing essential public goods and social services as part of their development remit. It defines development as a process of expanding realization of social, economic, and cultural rights addressing food security, economic empowerment/poverty reduction, healthcare, housing, education, and other fundamental human needs while integrating these alongside the expansion of freedoms and protections afforded by civil and political rights. It uses post genocide Rwanda as a case study to illustrate how respect and fulfillment of the IHRL pertaining to reparative justice are hindered by failing to hold NGOs responsible for IHRL. Consequently, this results in discrimination against, marginalization, and the disadvantaging of survivors of the Rwandan genocide against the Tutsi and violations of their human rights.
The Advent of Universal Protection of Human Rights: Theo van Boven and the Transformation of the UN Role (Springer Biographies)
by Bertrand RamcharanThis biography tells the story of Theo van Boven’s dynamic and courageous leadership to develop UN protection. Van Boven has been a life-long scholar and practitioner of human rights. He served in the Dutch Ministry of Foreign Affairs, represented The Netherlands in the UN Commission on Human Rights, served as an expert in its Sub-Commission on Human Rights, and also on the Committee on the Elimination of Racial Discrimination. He was the Director of the UN Human Rights secretariat from 1977 to 1982, and later served as Registrar of the International Criminal Tribunal for the Former Yugoslavia and for Rwanda, and as UN Special Rapporteur against Torture. As Director of the UN Human Rights secretariat, Professor van Boven built up the protection capacity of the United Nations piece by piece and thereby transformed the UN's role. He initiated every protection mechanism in use at the United Nations today. He was thus the father of the contemporary system of United Nations protection. This book is a priceless study of leadership and strategy. If one is to be able to deepen the protection capacity of the UN in the future, it is crucial to understand how the foundations were laid. This book, based on the personal papers of Professor van Boven and of the author, who was his Special Assistant, tells the story of his remarkable leadership of the UN Human Rights secretariat.
An Adventure In Moral Philosophy
by Warner FiteOriginally published in 1926, this book develops the Socratic thesis that morality is intelligence, that morality is not a matter of standards, laws and principles but in knowing what we do – in living self-consciously. The book develops this central theme in its bearings upon logic and science, art and religion and suggests that both intelligence and morality stand for much more than appears first obvious.
The Adventure of Sustainable Performance: Beyond ESG Compliance to Leadership in the New Era
by Dean Sanders Stuart McLachlanA guidebook for leaders to create value from sustainability and organisational performance. The Adventure of Sustainable Performance seeks out bold pioneers or forgotten pioneers who need reinvigorating and to be inspired with renewed purpose. Leaders who want more than just modest incremental efficiency gains, who want to create value, to deliver positive impact and meaningful change, should welcome this book. In a time of disruption like never before, boundaries will need revisiting, systems need reimagining, and assets need repurposing through wise stewardship. The authors share their many years of experience serving clients and driving performance as the world transitions to a net zero carbon future. A future that uses resources sustainably and that seeks social justice. Through storytelling and interviews from many international leaders in business and sustainability, and by anchoring practical advice with evidence and truth, you will find: The avalanche of new regulations and changes to the compliance landscape The opportunity for value creation beyond compliance box ticking Inspirational stories on how ambitions can be reset A destination that supports ongoing prosperity for humanity from sustainable performance models How purpose driven brands generate superior value The role of ‘Total Value Systems’ as we move from shareholder to stakeholder capitalism models. The relationship between sustainability, talent and customer attraction How digital will play an increasingly important role as the world pivots in response to the climate crisis Be in no doubt, The Adventure of Sustainable Performance describes an adventurous journey, uncomfortable at times, where a new and cold reality is dawning. But, in a period when the world will continue to play at denial or talk more of ruins, this book helps leaders to instead see foundations. Foundations upon which the new era will be built, and new systems of value will be realised. Perfect for executives, managers, directors, and other business leaders, The Adventure of Sustainable Performance is an actionable guidebook for the implementation of value-add sustainability programmes.
Adventures in Childhood: Intellectual Property, Imagination and the Business of Play (Cambridge Intellectual Property and Information Law #61)
by Jose Bellido Kathy BowreyAdventures in Childhood connects modern intellectual property law and practice with a history of consumption. Structured in a loosely chronological order, the book begins with the creation of a children's literature market, a Christmas market, and moves through character merchandising, syndicated newspaper strips, film, television, and cross-industry relations, finishing in the 1970s, by which time professional identities and legal practices had stabilized. By focusing on the rise of child-targeted commercial activities, the book is able to reflect on how and why intellectual property rights became a defining feature of 20th century culture. Chapters trace the commercial empires that grew around Alice in Wonderland, Peter Rabbit, Meccano, Felix the Cat, Mickey Mouse, Peter Pan, Eagle Magazine, Davy Crockett, Mr Men, Dr Who, The Magic Roundabout and The Wombles to show how modern intellectual property merchandising was plagued with legal and moral questions that exposed the tension between exploitation and innocence.
Adventures of a Jazz Age Lawyer: Nathan Burkan and the Making of American Popular Culture
by Gary A. RosenAdventures of a Jazz Age Lawyer is the lively story of legal giant Nathan Burkan, whose career encapsulated the coming of age of the institutions, archetypes, and attitudes that define American popular culture. With a client list that included Charlie Chaplin, Al Jolson, Frank Costello, Victor Herbert, Mae West, Gloria Morgan Vanderbilt, Arnold Rothstein, and Samuel Goldwyn, Burkan was “New York’s Spotlight Lawyer” for more than three decades. He was one of the principal authors of the epochal Copyright Act of 1909 and the guiding spirit behind the American Society of Composers, Authors, and Publishers (Ascap), which provided the first practical means for songwriters to collect royalties for public performances of their works, revolutionizing the music business and the sound of popular music. While the entertainment world adapted to the disruptive technologies of recorded sound, motion pictures, and broadcasting, Burkan’s groundbreaking work laid the legal foundation for the Great American Songbook and the Golden Age of Hollywood, and it continues to influence popular culture today.Gary A. Rosen tells stories of dramatic and uproarious courtroom confrontations, scandalous escapades of the rich and famous, and momentous clashes of powerful political, economic, and cultural forces. Out of these conflicts, the United States emerged as the world’s leading exporter of creative energy. Adventures of a Jazz Age Lawyer is an engaging look at the life of Nathan Burkan, a captivating history of entertainment and intellectual property law in the early twentieth century, and a rich source of new discoveries for anyone interested in the spirit of the Jazz Age.
Adversarial Justice: America's Court System on Trial
by Theodore L. KubicekOh, those lawyers! <P><P>The legal profession in fact, the legal system certainly has a poor reputation in the United States. Proposed remedies, however, rarely go as deep as the ethics of the system. America's judicial system should not be a game that anyone can win, regardless of actual guilt or liability. Ted Kubicek, JD, describes the problems and proposes solutions. Above all, he condemns the adversary system of justice which is used to evade the truth and which makes winning the paramount goal. <P><P>Dr. Kubicek postulates that the attorney-client privilege of communication makes the truth more difficult, even impossible, to determine. The adversary system goes hand in hand with the privilege of communication since neither can exist without the other. <P><P>He advocates moving instead to an inquisitorial system, in which truth is the goal of both parties, not just of the party that would gain thereby. He then shows how the elimination of adversaryism would automatically remedy other problems endemic to the system of justice, too, such as the passiveness of trial judges and juries. <P><P>Scrapping the adversary system would abolish trial and pretrial procedures and evidentiary rules that confuse law enforcement and trial participants alike. Criminal verdicts would not then depend upon confusing evidentiary or technical matters having no connection to the guilt or innocence of the accused. <P><P>This book is intended to encourage the legal profession, the judiciary, and the organized bar to remedy America's counter-productive judicial procedures. The argument will also interest anyone who has ever had to go to trial.
Adversarial Legalism: The American Way of Law, Second Edition (California Series In Law, Politics, And Society Ser. #1)
by Robert A. KaganAmerican dispute resolution is more adversarial, compared with systems of other economically advanced countries. Americans more often rely on legal threats and lawsuits. American laws are generally more complicated and prescriptive, adjudication more costly, penalties more severe. Here, Kagan examines the origins and consequences of this system.