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Problem-Solving Courts: Justice for the Twenty-First Century?
by Paul C. Higgins Mitchell B. MackinemThe new trend in problem-solving courts—specialized courts utilized to address crimes not adequately addressed by the standard criminal justice system—is examined in this thorough and insight-filled book.At least since the late 1980s, with the development of the first drug court in Dade County, Florida, the justice system has undergone what some believe is a revolution—the movement toward problem-solving courts. Problem-Solving Courts: Justice for the Twenty-First Century? provides a concise, thorough, well-documented, and balanced foundation for anyone interested in understanding this phenomenon.Detailing the "promise and potential perils" of problem-solving courts, the authors represented here examine the development of the problem-solving court movement, the rationale for the courts, the approaches they take, and their anticipated benefits and potential pitfalls. Using case examples and looking at various types of problem-solving courts, the book offers "foundational" information about the specific types of problem-solving courts, their goals and philosophies, their organization and operation, their variation in structure and procedures, and the extensiveness of the court. It draws conclusions about the relative merits or disadvantages of such courts and considers prospects for the future.
Proceedings of the 2007 National Conference on Environmental Science and Technology
by Vinayak Kabadi Gudigopuram Reddy Emmanuel Nzewi Stephanie Luster-Teasley Godfrey Uzochukwu Shoou-Yuh Chang Keith Schimmel
Product Liability Law in Transition: A Central European Perspective
by Magdalena TulibackaThis volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU. This book also provides a comparison of how product liability law has evolved in the socialist states, comparing it to developments taking place in the West. Using product liability law, this study offers a valuable insight into the necessary features and requirements of the harmonization of laws between the EU and post-socialist Europe. Predominantly legal in scope, it also takes account of the importance of extra-legal elements in law reform. As such, this book will be a valuable resource for those interested in European Law, as well as those working in the area of Consumer and Product Liability law.
Product Liability Law in Transition: A Central European Perspective
by Magdalena TulibackaThis volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU. This book also provides a comparison of how product liability law has evolved in the socialist states, comparing it to developments taking place in the West. Using product liability law, this study offers a valuable insight into the necessary features and requirements of the harmonization of laws between the EU and post-socialist Europe. Predominantly legal in scope, it also takes account of the importance of extra-legal elements in law reform. As such, this book will be a valuable resource for those interested in European Law, as well as those working in the area of Consumer and Product Liability law.
Professional Testimonial Privileges: A Law and Economics Perspective (Ökonomische Analyse des Rechts)
by Lev EppelbaumIdo Baum explores the professional testimonial privileges of attorneys, accountants, and journalists in the United States, England, and Germany. The author provides new insights into the internal effects of the corporate lawyer-client privilege on corporate decision making. Finally, he presents the first model-based efficiency comparison of the American and English rules regarding the revelation of confidential media sources.
Projektmanagement in der öffentlichen Verwaltung: Spezifika, Problemfelder, Zukunftspotenziale
by Stefan HagenStefan Hagen leistet mit seiner Arbeit einen innovativen Beitrag zur aktuellen Reformdiskussion öffentlicher Verwaltungen. Auf der Basis einer breiten theoretischen Fundierung führte er eine qualitativ orientierte Einzelfallstudie durch. Die Ergebnisse sind gleichermaßen für praktisch als auch für wissenschaftlich orientierte Berufsgruppen relevant.
Promoting Democracy and the Rule of Law: American and European Strategies (Governance and Limited Statehood)
by A. Magen T. Risse M. McFaulEuropean and American experts systematically compare U.S. and EU strategies to promote democracy around the world – from the Middle East and the Mediterranean, to Latin America, the former Soviet bloc, and Southeast Asia. In doing so, the authors debunk the pernicious myth that there exists a transatlantic divide over democracy promotion.
Property in the Margins
by A J van der WaltHaving its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime and not from a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime, including the system of property holdings and the rules and practices that entrench and protect them, tends to insulate itself against change through the security- and stability-seeking tendency of tradition and legal culture, including the deep assumptions about security and stability embedded in the rights paradigm, rhetoric and logic that dominate current legal culture. The rights paradigm tends to stabilise the current distribution of property holdings by securing extant property holdings on the assumption that they are lawfully acquired, socially important and politically and morally legitimate. This function of the rights paradigm tends to resist or minimise change, including change brought about by morally, politically and legally legitimate and authorised reform or transformation efforts. The author's goal is to gauge the lasting power of the rights paradigm by investigating its effects in the margins of property law and of society, by establishing the actual efficacy and power of reformist or transformative anti-eviction policies and legislation aimed at the protection of marginalised and weak land users and occupiers in areas such as landlord-tenant law, eviction of unlawful occupiers of land and other restrictions on the landowner's power to enforce a stronger right to exclusive possession. Ultimately the book's aim is to explore the possibility of opening up theoretical space where justice-inspired changes to (or transformation of) the extant property regime can be imagined and discussed more or less fruitfully from an unusual perspective, a perspective from the margins which is valuable for any theoretical consideration or discussion of property.
Property Rights and Natural Resources (Studies in International Law)
by Richard BarnesWinner of the SLS Peter Birks Prize for Outstanding Legal Scholarship 2009.The use of private property rights to regulate natural resources is a controversial topic because it touches upon two critical issues: the allocation of wealth in society and the conservation and management of limited resources. This book explores the extension of private property rights and market mechanisms to natural resources in international areas from a legal perspective. It uses marine fisheries to illustrate the issues that can arise in the design of regulatory regimes for natural resources. If property rights are used to regulate natural resources then it is essential that we understand how the law and values embedded within legal systems shape the development and operation of property rights in practice. The author constructs a version of property that articulates both the private and public function of property. This restores some much needed balance to property discourse. He also assesses the impact of international law on the use of property rights-a much neglected topic-and shows how different legal and socio-political values that inhere in different legal regimes fundamentally shape the construction of property rights. Despite the many claimed benefits to be had from the use of private property rights-based management systems, the author warns against an uncritical acceptance of this approach and, in particular, questions whether private property rights are the most suitable and effective arrangement of regulating of natural resources. He suggests that much more complex forms of holding, such as stewardship, may be required to meet physical, legal and moral imperatives associated with natural resources.
Proportionality Principles in American Law: Controlling Excessive Government Actions
by E. Thomas Sullivan Richard S. FraseFrom the ancient origins of Just War doctrine to utilitarian and retributive theories of punishment, concepts of proportionality have long been an instrumental part of the rule of law and an essential check on government power. These concepts all embody the fundamental value that government and private actions should not be demonstrably excessive relative to their moral and practical justifications. In the American legal system, despite frequent though unacknowledged use of proportionality principles, there is no general theory of what permits courts to invalidate intrusive measures. In Proportionality Principles in American Law, two renowned legal scholars seek to advance such a theory. They argue that standards of review should be more clearly and precisely defined, and that in most circumstances every intrusive government measure which limits or threatens individual rights should undergo some degree of proportionality review. Across a wide range of legal contexts, E. Thomas Sullivan and Richard S. Frase identify three basic ways that government measures and private remedies have been found to be disproportionate: relative to fault; relative to alternative means of achieving the same practical purposes; and relative to the likely practical benefits of the measure or remedy. Using this structure, the book examines the origins and contemporary uses of proportionality principles in public law, civil liberties, and the criminal justice system, emphasizing the utility of proportionality principles to guide judicial review of excessive government measures. By constructing a new framework and a general theory for constitutional judicial review, Proportionality Principles in American Law will help courts more consistently and effectively apply proportionality principles to better serve their vital roles as guardians of individual rights and liberties.
Prostitution and Human Trafficking: Focus on Clients
by Andrea Di Nicola Andrea Cauduro Marco Lombardi Paolo RuspiniAndrea Cauduro, Andrea Di Nicola, Marco Lombardi, and Paolo Ruspini Client: Have you ever had a […] by an Albanian? Researcher: No… Client: You should have one, they’re great! “I’ll tell you something: between an exploited girl and a ‘free’ one, I choose the exploited one. Because a girl who’s being exploited has to give money to her pimp, otherwise she’ll be beaten. The others, when they’ve earned enough they stop working. The exploited ones no: even they don’t want to work, they have to stay there and if they don’t pay the pimp they’re beaten […] If you think about it, you notice it is more a help than anything else. We all know they’re exploited, so it’s better to go with them, otherwise they’ll be slaughtered!” These two tough excerpts from interviews with clients of foreign prostitution stress the core point of this work: There seems to be a different view, a different logic that moves these men in their search for commercial sex. This is the focus of the discussion and the main reason for this volume. We have attempted to study the phenomenon of trafficking from a different and innovative perspective: the demand. Trafficking in human beings for sexual exploitation (and not only) has involved all the European Union and more in general Western European countries in the past twenty years.
Protecting Persons While Protecting the People: Second Annual Workshop on Information Privacy and National Security, ISIPS 2008, New Brunswick, NJ, USA, May 12, 2008. Revised Selected Papers (Lecture Notes in Computer Science #5661)
by Cecilia S. Gal Paul B. Kantor Michael E. LeskThe Second Annual Workshop on Privacy and Security, organized by the Center for Interdisciplinary Studies in Information Privacy and Security of the School of C- munication and Information at Rutgers University, was held on May 12, 2008 at the Hyatt Regency, New Brunswick, New Jersey, USA. A few of the papers in this volume were produced through a multi-step process. First, we recorded the talk given by each author at the workshop in May 2008. Next, we transcribed the recording. The authors then produced a draft of their paper from these transcriptions, refining each draft until the final version. Although the papers are not verbatim transcriptions of the talks given, some do retain the informal and conv- sational quality of the presentations. In one instance we have included some material from the question-and-answer period after the talk, since the material covered proved to be relevant and interesting. The majority of authors, however, preferred to include a more formal paper based on the material presented at the workshop.
Protecting Privacy in Video Surveillance
by Andrew SeniorProtecting Privacy in Video Surveillance offers the state of the art from leading researchers and experts in the field. This broad ranging volume discusses the topic from various technical points of view and also examines surveillance from a societal perspective. A comprehensive introduction carefully guides the reader through the collection of cutting-edge research and current thinking. The technical elements of the field feature topics from MERL blind vision, stealth vision and privacy by de-identifying face images, to using mobile communications to assert privacy from video surveillance, and using wearable computing devices for data collection in surveillance environments. Surveillance and society is approached with discussions of security versus privacy, the rise of surveillance, and focusing on social control. This rich array of the current research in the field will be an invaluable reference for researchers, as well as graduate students.
Public Interest Rules of International Law: Towards Effective Implementation
by Teruo KomoriThis book clarifies factors that play an important role in securing the effectiveness of legal regimes that aim to protect public interests of the international community. In Part 1, the authors focus on theoretical problems arising in the implementation process of those legal regimes from both a constitutional and functional perspective. In Parts 2 through Part 4, they pay attention to practical issues in the implementation process of particular legal regimes, in light of what interpretation or measures are legitimate from the perspective of protecting public interests. This book incorporates an idea of public law into the theoretical framework of international law which has been mainly constructed on the theory of private law in domestic legal systems. In contrast to many books which focus on the role of the procedural and material factors in the implementation process of various institutions and rules, this book emphasises the role of normative factors in securing effectiveness of public interests-oriented rules and is a valuable resource for both academics and policy makers working in this area.
Public Interest Rules of International Law: Towards Effective Implementation
by Teruo KomoriThis book clarifies factors that play an important role in securing the effectiveness of legal regimes that aim to protect public interests of the international community. In Part 1, the authors focus on theoretical problems arising in the implementation process of those legal regimes from both a constitutional and functional perspective. In Parts 2 through Part 4, they pay attention to practical issues in the implementation process of particular legal regimes, in light of what interpretation or measures are legitimate from the perspective of protecting public interests. This book incorporates an idea of public law into the theoretical framework of international law which has been mainly constructed on the theory of private law in domestic legal systems. In contrast to many books which focus on the role of the procedural and material factors in the implementation process of various institutions and rules, this book emphasises the role of normative factors in securing effectiveness of public interests-oriented rules and is a valuable resource for both academics and policy makers working in this area.
Public Participation and Better Environmental Decisions: The Promise and Limits of Participatory Processes for the Quality of Environmentally Related Decision-making
by Frans H. J M. CoenenPublic Participation and Better Environmental Decisions is about a specific ‘promise’ that participation holds for environmental decision-making. Many of the arguments for public participation in (inter)national environmental policy documents are functional, that is to say they see public participation as a means to an end. Sound solutions to environmental problems require participation beyond experts and political elites. Neglecting information from the public leads to legitimacy questions and potential conflicts. There is a discourse in the literature and in policy practice as to whether decision-making improves in quality as additional relevant information by the public is considered. The promise that public participation holds has to be weighed against the limitations of public participation in terms of costs and interest conflicts. The question that Public Participation and Better Environmental Decisions seeks to answer for academics, planners and civil servants in all environmental relevant policy fields is: What restricts and what enables information to hold the ‘promise’ that public participation lead to better environmental decision-making and better outcomes?
Public Policy Values
by J. StewartMore and more policy issues involve issues that are explicitly values-based, yet public policy analysis tends to skirt around the question of values. Public Policy Values overcomes this reluctance by showing how public policies enable values-choices to be made, often without seeming to do so.
Punitive Damages: Common Law And Civil Law Perspectives (Tort and Insurance Law #25)
by Helmut KoziolWith the growing literature on the subject of punitive damages, the consensus is that it seems worthwhile and even necessary to discuss, thoroughly and on a comparative basis, the nature, role and suitability of such damages in tort law and private law in general. This book contains reports from selected jurisdictions that explicitly allow the award of punitive damages as well as from jurisdictions which purport (sometimes emphatically) to deny their existence (although a number covertly incorporate such damages into the framework of their tort systems). It benefits from an economic analysis of punitive damages, a report from a private international law perspective, one on their insurability and one on aggravated damages. The book’s comparative report and conclusion critically evaluates the material in the above reports and advances a thorough analysis of the nature of punitive damages, the cases for and against them, and their suitability in the field of tort law. Alternative remedies in private and criminal law are also considered. The publication will appeal to students, academics, practitioners, judges, policy makers and those in the insurance industry.
Quantitation and Mass Spectrometric Data of Drugs and Isotopically Labeled Analogs
by Ray H. Liu Dennis V. Canfield Sheng-Meng WangThe analysis of drugs and their metabolites in biological media are now expected to routinely achieve � 20% accuracy in the ng/mL concentration level. Therefore, the availability and the selection of quality ion-pairs designating the analytes and their isotopically labeled analogs (ILAs) are important considerations in achieving the accuracy of qua
Queer Theology: Rethinking the Western Body
by Gerard LoughlinQueer Theology makes an important contribution to public debate about Christianity and sex. A remarkable collection of specially commissioned essays by some of the brightest and best of Anglo-American scholars Edited by one of the leading theologians working at the interface between religion and contemporary culture Reconceptualizes the body and its desires Enlarges the meaningfulness of Christian sexuality for the good of the Church Proposes that bodies are the mobile products of changing discourses and regimes of power.
The Quest for the Description of the Law
by Reidar EdvinssonMy dissertation for LLD (or JSD) Att beskriva rätten (To Describe Law), which was written under my bachelor surname of Andréasson, was presented for public exa- nation on Nov 4, 2004. Since then the text has been developed in two separate directions. On the one hand, three of the chapters have been made more accessible to students of jurisprudence and have been included in the second edition of the te- book Rättsfilosofi, samhälle och moral genom tiderna edited by Joakim Nergelius. On the other hand, the whole dissertation has been revised, translated and published as the present book. In the time that has passed since my dissertation, many things have changed. On the personal level, my friend and tutor, Aleksander Peczenick, was sadly taken away from my circle of colleagues. In contrast to that sad event, I have spent two nine-month periods on paternity leave, raising my two children, Selma and Bernhard. This past year, I have decided to move from theory to practice and have started working in a court of law. During my work on the dissertation, I had the opportunity to spend a rewarding term at Rutgers University in Camden, NJ visiting Professor Dennis Patterson. Since this book is a continuation of that project, it feels appropriate to repeat my thanks to Professor Patterson and STINT (The Swedish Foundation for International Cooperation in Research and Higher Education) for making that visit possible.
Quo Vadis Medical Healing: Past Concepts and New Approaches (International Library of Ethics, Law, and the New Medicine #44)
by S. Elm Stefan N. WillichMedical healing implies knowledge of the assumptions that underlie our understanding of "health," and, concomitantly, how we define well being and its opposites, illness and disease. Today, health, health care (business, wellness, recreation), and medicine (especially research-driven scientific medicine) have become separate entities with different institutions, budgets, marketing philosophies and "corporate cultures". Furthermore, healing is individual and subjective, yet at the same time also culturally determined. The present volume brings together papers on these topics in an unique interdisciplinary approach. The book provides an ethical framework for healthcare from a political perspective. It discusses definitions of the terminology of healing and health and their ethical and medical implications including their historical contexts. A separate section expands the theme of the cultural constructedness of healing by the concepts of traditional Chinese medicine and homeopathy. Modern medicine has a strong focus on acute care, which urgently needs to place greater emphasis on preventive medicine including the crucial importance of social factors on health and on the emergence of "public health". The point of view of Business Concepts, their potential and limitations are by no means neglected and the legal ramifications of genetic research and innovative medical strategies with regard to some of our most foundational notions are discussed.
Race, Rights, and Justice (Law and Philosophy Library #85)
by J. Angelo CorlettRace, Rights, and Justice explores questions of the nature of law and constitutional interpretation, international law and global justice, and the nature, function, and importance of rights each from a perspective that takes seriously the realities of race and racism. After a critical assessment of various contemporary theories of law is provided, a new theory of legal interpretation is set forth and defended. The respective words of Immanuel Kant and H.L.A. Hart on the possibility and desirability of international law are carefully explicated. Following this, Race, Rights, and Justice defends John Rawls' Law of Peoples from the cosmopolitan liberal critique of it. The nature and importance of rights, both individual and collective, are clarified while correcting some political philosophies that have propagated confused rhetoric about rights. And the collective right to humanitarian intervention is investigated philosophically in terms of the recent problems in Colombia, with surprisingly original results. While the methodology of this book is thoroughly analytical, philosophically speaking, some of the conclusions drawn are substantially original, infusing the facts of race and racism into mainstream matters of philosophy of law. "In this collection of essays, J. Angelo Corlett continues his important work of bringing the perspective of indigenous peoples, and more generally of race, into mainstream philosophical debates about justice and rights. Corlett's book also has very valuable insights into the nature of international law that will greatly enrich our contemporary debates." (Larry May, Washington University in St. Louis, USA) "Angelo Corlett is a prolific writer whose work is invariably stimulating, provocative, and insightful. Race, Rights, and Justice is an important addition to the oeuvre. Corlett is not afraid to tackle big problems, and big names. See, for example, his scathing criticisms of Bork and Scalia on constitutional interpretation." (Burleigh T. Wilkins, University of California, Santa Barbara, USA)
Radical Passivity: Rethinking Ethical Agency in Levinas (Library of Ethics and Applied Philosophy #20)
by Benda HofmeyrLevinas’s ethical metaphysics is essentially a meditation on what makes ethical agency possible – that which enables us to act in the interest of another, to put the well-being of another before our own. This line of questioning found its inception in and drew its inspiration from the mass atrocities that occurred during the Second World War. The Holocaust , like the Cambodian genocide, or those in Rwanda and Srebrenica, exemplifies what have come to be known as the ‘never again’ situations. After these events, we looked back each time, with varying degrees of incomprehension, horror, anger and shame, asking ourselves how we could possibly have let it all happen again. And yet, atrocity crimes are still rampant. After Rwanda (1994) and Bosnia-Herzegovina (1992–1995), came Kosovo (1999) and Darfur (2003). In our present-day world , hate crimes motivated by racial, sexual, or other prejudice, and mass hate such as genocide and terror, are on the rise (think, for example, of Burma, Zimbabwe, Sri Lanka and North Korea). A critical revaluation of the conditions of possibility of ethical agency is therefore more necessary than ever. This volume is committed to the possibility of ‘never again’. It is dedicated to all the victims – living and dead – of what Levinas calls the ‘sober, Cain-like coldness’ at the root of all crime against humanity , as much as every singular crime against another human being .