This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Your single point of reference on criminal law and procedure, Blackstone's Criminal Practice is the only text to offer all the material you need to practise with ease in the Crown and magistrates' courts. Regularly cited, its incomparable quality and accessibility make it an essential reference for all criminal law specialists.
This timely addition to a new genre of evaluation methodology eschews the objectivity of an external evaluation in favor of internal value-driven assessments that advance the goal of self-improvement through self-determination. Fetterman offers down-to-earth, clearly written descriptions and explanations of an approach that reconciles the contingencies of organizational practice with the standards and principles of evaluation accountability. He adroitly bridges the gap between the subjectivity of self-evaluation and the objectivity of external evaluation by showing with case examples and detailed methods, forms, and narrative why empowerment evaluation extends the reach of standard evaluation practice." --Dennis Mithaug, Teacher's College, Columbia UniversityWhat is empowerment evaluation? When is it the most appropriate approach to use in an evaluation? How can it best be implemented? Aimed at demystifying empowerment evaluation, the book shows readers when to use this form of evaluation and how to more effectively use its three steps (developing a mission statement; taking stock by identifying and prioritizing the most significant program activities; and, charting a course for future strategies to accomplish program goals). Fetterman also illustrates the steps with four case examples, ranging from hospital to educational settings. In addition, he covers: how to use empowerment evaluation to meet the standards developed by the Joint Committee on Standards for Educational Evaluation; the caveats and concerns about the use of empowerment evaluation; the relationship between collaborative, participatory, stakeholder, and utilization-focused evaluation with empowermentevaluation; the role of the Internet in disseminating empowerment evaluation; and, an analysis of the strengths, weaknesses, and conditions of empowerment evaluation. This book will guide evaluators exploration of their roles
On 14 October 1939, HMS Royal Oak, one of the British navy's top battleships, was destroyed at the Royal Navy's main anchorage at Scapa Flow, Orkney. The audacious attack, by a German U-boat, was the first major blow against Britain of the Second World War. Over 800 lives were lost, including sailors as young as 14. This book is a revealing account of the tragedy. Told through declassified photographs and naval records, as well as statements from survivors, it is a dramatic and moving reassessment of one of the most shattering events in British naval history.
Since 1993, Supreme Court precedent has asked judges to serve as gatekeepers to their expert witnesses, admitting only reliable scientific testimony. Lacking a strong background in science, however, some judges admit dubious scientific testimony packages by articulate practitioners, while others reject reliable evidence that is unreasonably portrayed as full of holes. Seeking a balance between undue deference and undeserved skepticism, Caudill and LaRue draw on the philosophy of science to help judges, juries, and advocates better understand its goals and limitations.
This volume is a study of the theory and practice of researching education. It examines the philosophical, historical, political and social contexts of researching and the implications of these for the collection and analysis of data. The authors argue that power is ever present in the construction of research texts and this is inevitable, as research imposes a closure of the world through representation and thus is always involved with and implicated in the operation of power. The book addresses such fundamental questions as: What is legitimate knowledge?, What is the relationship between the collection and analysis of data? and How does the researcher's presence in the field affect his or her data?. Divided into three sections, the book reviews the philosophy of research; the strategies and methods of research; and the issues involved in research. The authors present the reader with a balance of theory and practice, providing case studies, examples and tables to support and illustrate their arguments.
Presenting examples of how literary accounts can provide a supplement to our understanding of science in law, this book challenges the view that law and science are completely different. It focuses on stories which explore the relationship between law and science, especially cultural images of science that prevail in legal contexts. Contrasting with other studies of the transfer and construction of expertise in legal settings, this book considers the intersection of three interdisciplinary projects: law and science, law and literature, and literature and science. Looking at the appropriation of scientific expertise into law from these perspectives, this book presents an original introduction into how we can gain insight into the use of science in the courtroom and in policy and regulatory settings through literary sources.
In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.
The go-to guide to childbirth—completely revised and updated with new chapters Highly acclaimed for its authoritative coverage of obstetric care and concise, easy-to-read format, Oxorn-Foote Human Labor & Birth is an essential resource for anyone performing or assisting in childbirth. Written for the real world of clinical practice, the popular guide expertly examines all mechanisms of labor and delivery. Updated and revised, this seventh edition offers proven best practices and step-by-step guidance to obstetric procedures, techniques, and patient management. Oxorn-Foote Human Labor & Birth opens with a valuable review of clinical anatomy, followed by a thorough examination of the three stages of labor, with a focus on proper management and birthing techniques. The authors provide specific guidance on the full spectrum of complications and delivery situations, including Cesarean section, breech presentation, transverse lie, umbilical cord issues, dystocia, and more. Critical concerns such as preterm labor, antepartum hemorrhage, maternal and fetal complications, intrapartum infections, and post-term pregnancy are also addressed. No other book presents so much vital information in such a clearly illustrated manner. Features New! Patient Safety and Quality Assurance chapter with guidance on incorporating quality improvement into an obstetrics program New! Medical Education chapter with a summary of adult learning theory and advice on providing individual and interprofessional team training Full-color design with hundreds of original images clearly illustrating the techniques described Key points are bulleted throughout to facilitate quick and easy retrieval of information
Remedies is one of the key organizing concepts of the obligations approach to the common law. This second edition modernizes the former 1995 edition quite considerably. It determines the place of remedies in contract and tort within the debate about the reform of the common law obligation.
In the mid 1980s, there was a crisis in the availability, affordability, and adequacy of liability insurance in the United States and Canada. Mass tort claims such as the asbestos, DES, and Agent Orange litigation generated widespread public attention, and the tort system came to assume a heightened prominence in American life. While some scholars debate whether or not any such crisis still exists, there has been an increasing political, judicial and academic questioning of the goals and future of the tort system. Exploring the Domain of Tort Law reviews the evidence on the efficacy of the tort system and its alternatives. By looking at empirical evidence in five major categories of accidents--automobile, medical malpractice, product-related accidents, environmental injuries, and workplace injuries--the authors evaluate the degree to which the tort system conforms to three normative goals: deterrence, corrective justice, and distributive justice. In each case, the authors review the deterrence and compensatory properties of the tort system, and then review parallel bodies of evidence on regulatory, penal, and compensatory alternatives. Most of the academic literature on the tort system has traditionally been doctrinal or, in recent years, highly theoretical. Very little of this literature provides an in-depth consideration of how the system works, and whether or not there are any feasible alternatives. Exploring the Domain of Tort Law contributes valuable new evidence to the tort law reform debate. It will be of interest to academic lawyers and economists, policy analysts, policy professionals in government and research organizations, and all those affected by tort law reform.
The Somerset town of Frome is something of a paradox. Since being founded at the end of the sixth century its fiercely independent nature has been unchanging. A nature which, as one columnist has noted: 'seems to have revolved around the eminently sensible attitude of To hell with national events! We will stay as we are.' And yet a century ago, when called on by its country to do its duty in the Great War, it rose to the task admirably. Men from Frome and the surrounding area experienced action in all the theatres of war that the global conflict encompassed, and they took part in the numerous battles and campaigns, on land and at sea, that have become synonymous with that conflict: Ypres, Gallipoli, Jutland, the Somme. At the same time, its civilian population received a special commendation after the war for its effort throughout it. However, the towns contribution did not stop there, as many of the returning soldiers helped to create several of the national and international monuments and memorials that would pay eternal tribute to their comrades who fell on the fields of Flanders and elsewhere. Using letters, diaries, photographs, newspaper reports and eyewitness accounts, along with other archive material, local historian and author David Lassman has assembled the story of Frome during the Great War; a story which charts the transformation of this once rich and powerful textile centre and manufacturing town, along with its people, through the life-changing events of 1914 to 1918
This substantial social history explores the culture and significance of gambling. It is well presented, fully illustrated with photographs, cartoons, and memorabilia, and comprehensively end-noted and indexed. The author, a professional historian, has also written 'Out In The Cold', about conscientious objectors.
This comprehensive text presents a critical discussion of the scopes and limitations of various organic synthetic methodologies that are available for performing asymmetric transformations. In addition to purely chemical methods, the book covers applications of new enzymes and other biological systems that are increasingly useful in asymmetric methodology.
England on Edge deals with the collapse of the government of Charles I, the disintegration of the Church of England, and the accompanying cultural panic that led to civil war. Focused on the years 1640 to 1642, it examines stresses and fractures in social, political, and religious culture, and the emergence of an unrestrained popular press. Hundreds of people not normally seen in historical surveys make appearances here, in a drama much larger than the struggle of king and parliament. Historians commonly assert that royalists and parliamentarians parted company over issues of principle, constitutional scruples, and religious belief, but a more complex picture emerges from the environment of anxiety, mistrust, and fear. Rather than seeing England's revolutionary transformation as a product of the civil war, as has been common among historians, David Cressy finds the world turned upside down in the two years preceding the outbreak of hostilities. The humbling of Charles I, the erosion of the royal prerogative, and the rise of an executive parliament were central features of the revolutionary drama of 1640-1642. The collapse of the Laudian ascendancy, the splintering of the established church, the rise of radical sectarianism, and the emergence of an Anglican resistance all took place in these two years before the beginnings of bloodshed. The world of public discourse became rapidly energized and expanded, in counterpoint with an exuberantly unfettered press and a deeply traumatized state. These linked processes, and the disruptive contradictions within them, made this a time of shaking and of prayer. England's elite encountered multiple transgressions, some more imagined than real, involving lay encroachments on the domain of the clergy, lowly intrusions into matters of state, the city clashing with the court, the street with institutions of government, and women undermining the territories of men. The simultaneity, concatenation, and cumulative, compounding effect of these disturbances added to their ferocious intensity, and helped to bring down England's ancien regime. This was the revolution before the Revolution, the revolution that led to civil war.
In a readable, informed and absorbing discussion of cricket's defining controversies - bodyline, chucking, ball-tampering, sledging, walking and the use of technology, among many others - Fraser explores the ambiguities of law and social order in cricket.
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