Subject Area: Legal Studies

Advance Treatment Directives and Autonomy for Incompetent Patients: An International Comparative Survey of Law and Practice with Special Attention to the Netherlands
2008 0-7734-4980-9
In the framework of an international comparative legal survey, this monograph makes available reliable information on the practice of advance treatment directive and their role in medical decision making. Using survey research and focusing on the Netherlands, this work offers on the topic empirical evidence, which was previously lacking, especially for European literature.

Al-Tabari's Book of Jihad
2007 0-7734-5458-6
The Book of Jihad (Kitab al-Jihad) is part of the fragmentary Book of the Disagreement among Muslim Jurists (Kitab Ikhtilaf al Fuqah’) by Muhammad ibn Jarar al-Tabar (ca. 839 – ca. 923 C.E.), the famous Muslim historian and Qur’anic commentator. It consists of several sections that deal with different issues related to jihad in classical Islam such as the rules of declaring and conducting war against enemy states and the rules of making peace with the enemy. Regarding each of these issues, the author expounds the opinions (or, “legal decisions”) of the founders of the three major Sunni schools of Islamic jurisprudence (d. 767 C.E.) and disciples, al-Shifi (d. 820 C.E.) and Malik Anas (d. 795 C.E.) in addition to the other jurists. The present annotated translation of the Book of Jihad is based on the original manuscript located in Istanbul, Turkey. The translator has provided a description of the structure and content of the translated text which concludes that al-Tabar’s Book of Jihad presents a clear model for the relations between the Islamic state and other states. This work will appeal to scholars of Islamic Studies as well as Religion, History and Political Science.

American Constitutional Experiment
1991 0-7734-9795-1
These essays represent a selection of those originally presented at the Third International Social Philosophy Conference, "Social Philosophy and the U.S. Constitution," co-sponsored by the North American Society for Social Philosophy and the Department of Philosophy at the University of North Carolina, Charlotte. The goals of the society are to encourage dialogue in and about social philosophy and to unite an assortment of distinct approaches to social philosophy in an attempt to break down the isolation which increasing specialization has created in contemporary academics. The essays gathered here are part of a critical celebration of the United States constitution, appropriately appearing in the bicentennial year of the U.S. Bill of Rights. Social Philosophy Today No. 5

An Historical-Legal Analysis of the Impeachments of Presidents Andrew Johnson, Richard Nixon, and William Clinton
2012 0-7734-2537-3
A first time legal analysis of three Presidential impeachments: Andrew Johnson, Richard Nixon, and William Clinton. Leibowitz makes the case that the impeachment process is divisive to the cohesion of the United States. Leibowitz provides an historical analysis of the processes used by Congress during all three impeachments and presents a biographical sketch for each individual president in order to illustrate how they reached the presidency and how the attainment of that goal influenced their relationship with the public and Congress during the impeachment process. Leibowitz concludes by arguing that congressional censure may be a better option than impeachment.

Analytical Study of the Legal, Moral and Ethical Aspects of the Living Phenomenon of Euthanasia
2003 0-7734-6613-4
This work provides a close examination of the definitional issues surrounding euthanasia, and analyses euthanasia as a ‘living phenomenon’ which can be best understood by reflecting upon subjective understandings of the subject and individuals’ lived experiences of their medical conditions and treatment. The work addresses not only the law surrounding voluntary active euthanasia, but also the withdrawal of treatment from incapacitated patients, the refusal of treatment by competent patients, and the subject of advance directives. Additionally the work takes a comparative approach to euthanasia laws in the Netherlands and Australia in order to illustrate the differing legal and ethical positions that exist. The work includes a small empirical study which takes forward some of the central issues by placing them in the contextual setting provided by members of the medical profession, hospice staff, general public, and voluntary and anti-euthanasia society members.

Anglo-american Perspectives on Private International Law
2003 0-7734-6737-8
Table of Contents: Preface; Introduction 1. Marriage Capacity - Essential Validity of Marriage: The Application of Interest Analysis and Dépecage to Anglo-American Choice of Law Rules 2. Divorce and Financial Provision – Transnational non-judicial Divorces: A Comparative Analysis of Recognition and Financial Relief under English and U. S. Jurisprudence 3. Forum Non Conveniens – To Be or Not To Be: The Forum Non Conveniens Performance Acted Out on Anglo-American Courtroom Stages 4. Tort Jurisdiction – Multistate Tort Jurisdiction: A Comparative Analysis of Prevailing Jurisprudence in the United States and the European Union 5. Choice of Law in Tort – The Anglo-American Revolution in Tort Choices of Law Principles: Paradigm Shift or Pandora’s Box? 6. Recognition and Enforcement of Foreign Judgments – A New Model of Jurisdictional Propriety for Anglo-American Foreign Judgment Recognition and Enforcement: Something Old, Something Borrowed, Something New? Bibliography; Table of Cases; Table of Legislation; Index

Biblical and Theological Insights From Ancient and Modern Civil Law
1992 0-7734-9601-7
Examines legal concepts in the scripture and the technical implications involved. Compares in both scripture and courtroom such concepts as covenant, apostle, witnessing, prayers, calls to worship compared with court room commands, the architecture of ancient temples and that of court rooms, exegesis, rhetorical arguments in the Bible and court, incarnation, and more. This book will stir the imaginations of scholars to find still further insights, questions and answers. The wisdom of the courtroom is an important ingredient for understanding biblical interpretation and Jewish and Christian theology.

Bill of Rights - Bicentennial Reflections
1993 0-7734-9264-X
Examines issues raised by the fundamental claim that there are rights belonging to human beings merely by virtue of the fact that they are human. Headings include: Perspectives on the Bill of Rights; Rights and Justice; Rights, Technology, and Medicine; Rights, Ideology, and Social Theory; Rights and Freedom; Rights, Ethnicity, and Diversity in the World Community. Social Philosophy Today No. 8

Bioethical and Ethical Issues Surrounding the Trials and Code of Nuremberg
2003 0-7734-6608-8
Interdisciplinary essays on the ethical issues which encompassed the trials and Code of Nuremberg have been collated from researchers from various countries in fields as diverse as medicine, bioethics, psychoanalysis, history, philosophy, Jewish thought, law, and ethics. The book focuses on five main areas: the juridical originality of the Nuremberg trials; the scientific, epistemological, and psychoanalytic backgrounds of racism and anti-Semitism; the biomedical and bioethical issues of the Nuremberg Code; a post-Nuremberg historical, ethical, and philosophical study of the notion of a ‘crime against humanity’; and the Jewish perspective on purity, impurity, race, and the universal ethical expectations of mankind. The goal of the interdisciplinary study is to outline the necessary components of a bridge between science ethics, and ethics and law.

Blasphemy and the Law in Ireland
2000 0-7734-7592-3
This study considers the fundamental question as to whether it is legitimate for a democratic state which recognizes a right to free speech to restrict that right in order to prevent the publication of material which is blasphemous, in the sense of being insulting to God, and hence either harmful to the social order or else offensive to the listening religious devotee. Analysis is centered on the law of the Irish Republic whose Constitution specifically criminalizes the act of public blasphemy. The study analyzes the nature of this crime and the impact on it of its English counterpart. It asks whether there is any justification for the retention of such a law and if so, the form it should take.

Brainwashing- Deprogramming Controversy. Sociological, Legal, and Historical Perspectives
1983 0-88946-868-0
Twenty-one essays that comprise a multidisciplinary examination of the issues and controversies raised by the activities of religious cults.

Bringing the Khmer Rouge to Justice
2005 0-7734-5994-4
This book explores the legal issues surrounding accountability for the crimes of the Khmer Rouge and crimes of mass violence more generally. Comprising chapters authored by legal academics, lawyers, historians, artists, and others, the volume presents a thorough analysis of the complex problems inherent to such accountability efforts, and novel ideas as how to address them. Three chapters take the important and unusual step of examining aspects of accountability from the Cambodian and/or Therav?da Buddhist perspective, a viewpoint that has rarely been considered before in this context. Other chapters present thoughtful explanations for the failure of past accountability efforts, examine holes in the law authorizing a tribunal for senior Khmer Rouge leaders, and outline the evidence available and how it can be used for such a trial. Thus, the book presents the case for accountability in Cambodia from multiple perspectives.

Carrier’s Liability Under International Maritime Convention - The Hague, Hague-Visby and Hamburg Rules
2005 0-7734-6174-4
The research centers on the sea carrier's liability for loss of or damage to goods under convention based regimes. The unification, clarification and simplification of national laws regulating maritime trade have always been targets of lawyers and business people who would like to be aware of their possible legal risks in their contracts performed by sea. With these aim, three conventions were prepared: the Hague, Hague- Visby and Hamburg Rules. They with different texts and legislative styles have become the main reason for lack of uniformity in the field of the carriage of goods by sea today. In this thesis, what requirements were made them necessary are explained, and if there were any needs for other conventions is answered. The carrier's liabilities under the three Conventions are also identified, evaluated and compared.

Children’s Rights, State Intervention, Custody and Divorce. Contradictions in Ethics and Family Law
2005 0-7734-6049-7
This book is about four philosophical problems that arise from consideration of the legal relationship of the state to the family and the ethical relationship of individuals within families: Do children have the same rights enjoyed by adults under the United States Constitution? What are the conditions under which the state is justified in intervening in the family in order to protect children and other family members? What standards should the state adopt to resolve disputes between parents and others over child or embryo custody? Can traditional ethical theory be used to resolve moral problems arising within families? Several solutions to each of these problems are presented and subjected to critical examination. Emerging from this study is a foundation for the development of a consistent theory of family law and family ethics that will stimulate and advance scholarship in the philosophy of law and social ethics

China and the Law of the Sea Convention Follow the Sea
1995 0-7734-9059-0
This study introduces principles and practices of ocean law by discussing particular issues of major concern for less developed states. It maps the development of these issues and how they have influenced the ocean policies of the states in East Asia, especially China. It examines the major nonliving resource in the area, oil, because geological surveys predict enormous offshore oil deposits. In an attempt to extend their boundaries to include as much of the rich seabed as possible, the East Asian states are involved in disputes over boundary methods, island claims, and exploration rights. It also examines management and development of the living resources, as food supplies are depleted by rapidly growing populations and marine pollution. It looks at the concerns of effective national security, involving freedom of navigation and movement. The final chapter concludes by reassessing underlying assumptions in international ocean policy and Chinese ocean policy, and the new focus on the oceans that centered on the 1982 Law of the Sea Convention.

Christian Foundations of Criminal Responsibility. A Philosophical Study of Legal Reasoning
1991 0-88946-979-2
A treatise on the medieval and Christian foundation of common law. Argues that intellectual sources for the concept known in criminal law as intention or mens rea owe a debt to various Christian writings and philosophy.

Church Courts 1680 - 1840
2006 0-7734-5945-6
This book examines the development of the courts of the Church of England from 1680, William Sandcroft’s first year as Archbishop of Canterbury, to the Church Discipline Act of 1840. By illustrating the law and practice of the courts during this period, the author suggests that there was movement away from the traditional jurisprudence established by the canon law of the Church of England to regulation by Parliamentary legislation.

The author begins by looking at the ecclesiastical courts as they existed throughout much of the period. The procedures were regulated by the canon law, and the author examines these and the nature of the criminal proceedings that comprised the jurisdiction of these courts. He notes the origins and training of those who staffed these courts, the advocates and proctors, and finds them firmly rooted in the civil and canon law. The power of the church courts to censure and punish both the clergy and laity for spiritual offenses is explored in some detail. This leads inevitably to the particular issue of clerical discipline and the role of the bishop in trying to enforce canon law as it applied to his clergy. The legislative intervention of Parliament by Lord Hardwicke’s Marriage Act of 1753 to prevent clandestine marriages might have been seen to have been an encroachment into an area traditionally within the cognisance of the church courts and the canon law. Even more directly, the Clergy Discipline Act of 1840 now sought to determine how the bishop might discipline his clergy.

There is much here about the ecclesiastical and canon law of the Church of England itself in this period, the courts in which it was administered, criminal procedure and its technicalities, including the power to punish and discipline. Individual cases and contemporary correspondence, frequently drawn from archival sources, are extensively used to exemplify the changes that were taking place in the courts over this period.

Closing Institutions for Juvenile Offenders. The Maryland Experience
1997 0-7734-8428-0
Summarizes evidence about the state's experience with sharply curtailing juvenile institutionalization by closing the Montrose Training School. It examines the effect of this decision on the residential placement pattern, attitudes, experiences, and behaviors of juvenile offenders in Maryland. It reports the results of an empirical study, based on data collected from nearly 1,000 youths over a several-year period.

Combating Financial Crime
2006 0-7734-5963-4
This book examines the efficacy of the legal, regulatory, and institutional framework for combating financial crime. Advancing original and constructive thoughts, the book brings out important linkages between different kinds of financial crime and money laundering. The comparative treatment of legal aspects of financial crime strongly sets this book apart from other works on the topic. Many institutions and individuals concerned with the fight against financial crime, such as financial intelligence units, financial investigative units, criminal investigative agencies, anti-money laundering training, and research bodies, policy makers, central banks and banking supervisors, securities regulators and securities firms, insurance companies and pension funds, regulators of insurance and pension businesses, corporate lawyers and financial services lawyers, legal scholars in financial crime, financial economists, academics, universities, multilateral development banks and other international organizations, including the Financial Action Task Force, the International Monetary Fund, the World Bank and the Bank for International Settlements, will find this book a valuable intellectual contribution to the fight against financial crime. Chapters in the book are developed around the concept of anti-money laundering while maintaining a focused analysis of other financial crimes as well.

Communism, Anti-Communism, and the Federal Courts in Missouri, 1952-1958: The Trial of the St. Louis Five
2005 0-7734-6101-9
The St. Louis Smith Case, “James Forest et al. v United States” offers a case study of the United States governmental campaign against state and local American Communists in microcosm. The indictments and arrests of CPUSA-Missouri members in 1952, their subsequent prosecution and convictions, and the ultimate reversal of those convictions closely mirror the “second-string” prosecutions at the national level.

The case of “James Forest et. al. v United States” is complex and multifaceted. The question of whether the defendants violated the Smith Act was only a small piece of the entire puzzle. The very legitimate questions of constitutional and civil liberties involved in the case were juxtaposed against an equally strong concern for the protection of an open society against those who understood to be seeking the destruction of that society. The larger question was whether American society could take steps to impair or hinder a movement whose existence was considered inimical to the national interest. First Amendment guarantees, national security concerns and ideological questions jumbled together in an uneasy co-existence in St. Louis during the 1950s, just as they did in the larger society. The St. Louis Smith Act Case, “James Forest et. al. v United States” is the focus of this inquiry.

This work utilizes a wise range of sources, both primary and secondary. It makes substantial use of official court records, U.S. Justice Department Files, and materials from the United States National Archives. In addition, many materials from the Harry S. Truman and Dwight David Eisenhower Presidential Libraries are also employed. The secondary literature on American Communism, the Post-World War II world and the McCarthy era is vast and is thoroughly examined. The literature is supplemented by a review of period journalism in the form of newspapers and periodicals.

The student of American political history will observe that “James Forest et. al. v United States” was a prototypical Smith Act prosecution. The St. Louis case encapsulated many of the elements that marked the first American Communist prosecutions and mirrored the other state level prosecutions of the CPUSA leadership. A close examination of the case offers a priceless insight into the primary elements common to all of the state and local Smith Act cases. A study of “James Forest et. al. v United States” presents a portal through which to view the sociocultural standards of the American Midwest during the 1950s. This work will prove itself an important contribution to social, cultural, political and legal history.

Comparative Problems of Policing
2007 0-7734-5539-6
This work clearly renders, through selected interviews, the visions of police leaders, regarding the causes and approaches to be taken by police to the most pressing current events in the world. The freedom conferred to interviewees to probe into a series of topics and to voice their opinions supported by personal examples derived from their professional lives, is present throughout each interview. Transcriptions are reported in full, with supplied comments and notes.

Compilation and Analysis of the 1998 Texas Constitution and the Original 1876 Text
1998 0-7734-8341-1
This compilation serves as a major resource for faculty and students interested in the development of the Texas Constitution. Unlike the 'Living' United States Constitution which is short, general, and elastic, and can change through interpretation, the Texas Constitution today is a long, detailed, and restrictive document that can only change through formal amendments. Its 377 amendments to the 1876 document are placed in the body of the text and replace text made obsolete by the amendments. The reader of the current version thus sees only the updated text and not the deleted passages. This book presents a compiled version in different fonts so that the reader can compare the original to the current version. The introduction analyzes present-day conclusions about the Texas Constitution.

Conflicts of Property Rights of Land in Brazil. The Moral Economy of Carioca Tenancies
2015 1-4955-0416-6
This research examines the major process of expropriation underlying the creation of private property. It reveals that the wave of expropriation was not entirely an external force affecting defenseless individuals but rather there was willing participation and action by members of the affected community to initiate change in property rights and ownership.

Constitutional Issues in the Case of Reverend Moon. Amicus Briefs Presented to the United States Supreme Court
1989 0-88946-873-7
A compendium of amicus briefs (the largest number ever presented to the Supreme Court) for the use of scholars in this field.

Crime in Early Bourbon Madrid (1700-1808)
2008 0-7734-5201-X
The social analysis of early modern criminal records has reached a point of development sufficient for new perspectives to arise that explore the agency of individuals, families, and neighbors as well as that of the bureaucratic state. This book contributes to this important discussion with a qualitative and quantitative analysis of over three thousand cases from Spain’s most influential civil and criminal court. This book contains fourteen black and white photographs.

Criminal Investigation and Pre-Trial Disclosure in the United Kingdom
2006 0-7734-5566-3
This book details the findings of a study into the operation of advance disclosure in the UK, where defective disclosure has been a central feature of many of the most notorious miscarriages of justice. It is widely accepted that the procedures for disclosure of ‘unused material’ have never operated as intended and that material which should be disclosed is routinely ignored. Furthermore, the criminal justice system appears incapable of adequately recognizing and correcting defective disclosure, with potentially disastrous consequences. The criminal justice system is increasingly dependent on the administrative construction of ‘cases’ – the paper form which forms the basis for all subsequent stages of the prosecution process. However, control of unused material remains very much in the hands of police and, therefore, the attitudes and working practices of officers are central to assessing the effectiveness, or otherwise, of the provisions. This study examined Criminal Procedure and Investigations Act (CPIA) disclosure in two regional police forces in an attempt to identify those factors, both cultural and institutional, which have acted to impede the effective operation of the disclosure provisions. This work illustrates the strategies used by investigators to circumvent the due process safeguards of the disclosure regime and, as such, is of interest to anyone concerned with the criminal justice system and the protection of human rights.

Criminal Justice Reform in Russia, Ukraine and the Former Republics of the Soviet Union: Trial by Jury and Mixed Courts
2010 0-7734-1418-5
This book examines challenges to jury reforms in the transitional justice systems of the post-Soviet countries. It also provides an analysis of the historical, political and social contexts criminal justice reforms in the former Soviet Union. This book contains six color photographs and 1 black and white photographs.

Criminology and Penology in Islamic Jurisprudence
2015 1-4955-0273-2
This work examines major aspects of criminology and penology in Islamic jurisprudence in the light of the Shari’a classical heritage. Based on the mental construction and spiritual functions of the Muslim classical principles for crime prevention and the treatment of offenders, legal provisions are analyzed in comparison with international human rights norms, as well as American constitutional law, the Saudi and Egyptian criminal procedures, and the Sudanese and Emirates’ penal legislations.

Critical Legal Study of Solutions to Domestic Violence Among Black Male-Female Couples
2002 0-7734-7282-7
Based on real-life cases from courts relating to how justice is applied to Black men and women. It illustrates how the law works differentially to fulfill the aims of the greater society as opposed to those it is purported to serve. The demographic features of race and class undermine the specified purposes of the law and interfere with its original functions when invoked to protect the African-American female. When directed at the African-American male, it serves a divisive function which further alienates him both from society and family.

Development of Children’s Rights in Africa and Europe. Comparing Legislation in Ghana and Northern Ireland
2010 0-7734-3746-0
This book is the first to compare the primary child care legislation of a developed and a developing jurisdiction influenced by English juristic ideas. In addition, the empirical findings are indicative that there is more than one specific conceptualisation of children’s rights; to ensure provision, protection and/or participation rights of the child. It also revealed that the type of rights being advanced and implemented is the interest rights of the child.

Development of Intellectual Property Protection in the Arab World
2008 0-7734-5045-9
This monograph is one of few resources concerned with the rise and expansion of the TRIPS (trade-related aspects of intellectual property rights)phenomenon and the roles played in the process by United States and the European Union.

Developments in the National Security Policy of the United States Since 9/11. The Separate Roles of the President, the Congress, and the Supreme Court
2008 0-7734-4997-3
An examination of United States National Security Policy, since the events of September 11, 2001, from the perspective of American constitutional law.

Diggs-Caminetti Case 1913-1917. For Any Other Immoral Purpose, Volume 2
1990 0-88946-320-4
The background of the Diggs-Caminetti Case, involving prosecutions under the White Slave Traffic (Mann) Act. Treats dramatis personae, their families, and the post-conviction history of the principals, among other issues.

Discourse on Just and Unjust Legal Institutions in African English-Speaking Countries
2003 0-7734-7006-9


Distinction Between Law and Ethics in Natural Law Theory
2002 0-7734-7245-2
This work discusses the distinction between the ‘legal moral’ and ‘non-legal moral.’ It examines the work of several leading legal idealists: Fuller, Llewellyn, Finnis, Kelsen, Kant, Beyleveld, and Brownsword. It argues that the legal point of views is the point of view of enforcement. The non-legal moral point of view is that of rightness of a behavior abstracted from the issue of enforcement.

Edwin Mellen Press Versus Lingua Franca
2007 0-7734-5446-2
The law relating to libel in United States jurisprudence is largely the creation of common law. The law concerning defamation of character has the same general basis of all law – that human beings interact with one another, and that laws exist as codes of conduct in social interactions. Laws concerning defamation are designed to protect reputations against derogatory falsehoods. Using an actual case, this book explores how law relating to libel and slander has evolved in recent years to its current status.

Emily Dickinson's Use of Anglo- American Legal Concepts and Vocabulary in Her Poetry Muse at the Bar
1997 0-7734-8639-9
Emily Dickinson's life was bounded and circumscribed by lawyers. Her grandfather, father, brother, and the men who were the first and last loves of her life were all lawyers. The biographical introductions consider these men and their relationship with Dickinson, drawing on letters and published writings. Other chapters discuss "legal" words and terms, Dickinson's knowledge of Anglo-American 19th-century law, her use of legal terms in her poetry, legal definitions and terminology. A secondary appendix includes photocopies of the Harvard Law School catalogue at the time her brother Austin Dickinson attended, 1853-1854.

English Language Learners with Disabilities: A Resource Guide for Educators
2008 0-7734-4991-4
A reference tool for educators on an under-researched topic, particularly with regards to laws governing bilingual education for the disabled.

Essays on a Philosophical Interpretation of Justice . The Virtue of Justice
1999 0-7734-8180-X
A coherent set of essays regarding the study of justice and taking into consideration the needs and obligations of the individual as a ‘member of society'.

Ethical Issues and the Religious and Historical Basis for the Objection of Jehovah’s Witnesses to Blood Transfusion Therapy
2003 0-7734-6542-1
This book explores the sensitive area of medical decision-making in cases where a patient refuses recommended medical treatment for religious or moral reasons. The case in point is the refusal of blood transfusion therapy by Jehovah’s Witnesses. The theological and historical basis is examined in depth. The history of blood use in medicine is also analyzed, including the role of bloodletting as the ‘queen of remedies’ for centuries and eventually the emergence of the reverse practice, blood transfusion. Against this backdrop of theological, historical, and medical information, the study examines the ethical and legal issues raised by the stand of Jehovah’s Witnesses. The principle of ‘autonomy’ and its development into a legal concept, as well as its introduction into medical ethics leading to the development of the doctrine of ‘informed consent’ into both a legal rule as well as an ethical duty imposed on health care professionals are considered.

Examination of Police Intervention in Domestic Disturbances in a Canadian Context
1994 0-7734-2248-X
The first part of the study investigates an area in criminology that has not been scrutinized scientifically -- discretionary as well as systematic police actions in domestic disputes. The second part tackles the controversial issue of the dangerousness of enforcing domestic disturbances, and identifies conditions which are most likely to result in police assaults and injuries. The empirically identified risk factors are subsequently used to provide recommendations on police training and occupational safety.

Genetics in the Courts
1986 0-88946-134-1
Study of how the field of genetics has influenced legal thinking and judicial decisions in the United States, what legal problems can arise in dealing with advances in the science of genetics, and how the courts come to accept or reject new findings in that science.

Health Rights and Health Problems of Migrants Living in the Thai-Burma Border Region. Narcotics, Debt Bondage, and Refugee Camps
2012 0-7734-2939-5
Understanding migration is fundamental to our modern view of the world. Forced migration is one of the biggest transformative factors of our time. Health rights of migrants are embedded within human rights. Nation states and global agencies are challenged by the movement of people and their duty to uphold health and human rights of asylum seekers and forced migrants. It is important for professionals working in fields of development and migration to comprehend the complexities involved in achieving health for vulnerable populations. This book details the origins of health rights from the Declaration of Human Rights in 1948. It analyses health rights as they exist in the real world of forced migration and protracted refugee situations. Migration from Burma to Thailand represents a long established forced migration pattern and lessons are drawn from studying this situation. Moving beyond the limited and failed refugee regimes it is recommended that resources be mobilized to promote migrant self-sufficiency. Sustainable living and aid relief care needs to be administered to promote development strategies with capacity building and democratic processes within migrant groups.

Historical Origins of Judicial Review, 1536-1803
2005 0-7734-6009-8
Awarded the Adele Mellen Prize for Distinguished Contribution to Scholarship

The thesis of this book is that the origins of the constitutional power of judicial review lie in the historical development and application of the duty to resist tyranny, beginning with its discussion by early Reformation leader John Calvin. The duty to resist tyranny burst the bonds that Calvin sought to impose upon it in the political theory of the Marian exile, after which it played a prominent role in British political discourse from the Elizabethan era through the English Revolution, the Glorious Revolution and into the Eighteenth Century. By the end of the Eighteenth Century, it had crossed the Atlantic and figured in the deliberations of a post-Revolutionary Virginia courtroom, where it was explicitly mentioned as the basis for the judiciary’s duty of judicial review. Ultimately, it provided the foundation for John Marshall’s proclamation of the power of judicial review in the 1803 case of Marbury v. Madison.

This analysis of the development of the duty to resist tyranny and its ultimate influence on the emergence of judicial review provides a much more satisfactory account of the emergency of judicial review than previous attempts. While previous attempts have sought in various ways to account for how judicial review came to be accepted as legitimate, as something that was permissible for courts to do, none have explained why or how judicial review became, as it was for John Marshall in Marbury, the courts’ duty, something it had to do.

History of Trial by Jury in the Spanish Legal System
2000 0-7734-7911-2
Traces the emergence of the jury in 19th century Spain and its establishment and disappearances throughout 190 years of Spanish history. The work is inter-disciplinary, placing the successive Spanish jury laws within a general political and social context. It includes previously-unexplored material on the origins of the échevinat; it addresses issues not confronted by Spanish or other jurists, and it questions received wisdom.

How Digital Technologies are Changing the Practice of Law
2007 0-7734-5214-1
This book analyzes the impact the digital revolution has had and will have on the procedure of presenting arguments in a court of law. Developments in communications technology raise questions about the necessity of unique court performances when the judicial process can be played out in a virtual arena. Are the physical sites which have been allocated for judicial practices still relevant and necessary? How will the meaning of virtual judgment be perceived? Will virtual trials be as effective as traditional procedures? Will there still be a need for rhetoric methods, which evolved during ages, in an environment saturated with technology? Will justice become less "real", or will shorter procedures, based on technology, make justice even more visible than ever? This book discusses these questions in a deep and interesting way through the lenses of literature, cinema and popular culture.

How the American Media Packaged Lynching: 1850-1940
2006 0-7734-5628-7
Examines the manner in which the national media in the United States treated lynching and vigilante activity between 1850 and 1940. The perspective emphasizes the importance of media framing, sponsor and opponent activity, and media balance. Since not all lynching incidents can be studied, critical discourse moments are selected.

How the Use of Marijuana Was Criminalized and Medicalized, 1906-2004. A Foucaultian History of Legislation in America
2010 0-7734-3772-X
Investigates the social construction of the processes of marijuana criminalization and marijuana medicalization. It is the first substantive study on the subject to include a detailed historical context in which to situate a new theoretical model for examining the contemporary U.S. drug policy debate.

How to Govern Corporations So They Serve the Public Good: A Theory of Corporate Governance Emergence
2009 0-7734-3863-7
This book demonstrates that the widely recognized failure of corporate governance in the late twentieth century and early twenty-first century parallels the severe limitations of mainstream theoretical models of corporate governance, which commonly hold an entitative view of the corporate reality. In doing so, little attention has been paid to the underlying philosophical premises and the long-unresolved difficulties of substantialism and representationalism behind the dominant modes of analyses.

Influence of Mass Media on Divorce Referenda in Ireland
2010 0-7734-3797-5
This work utilizes quantitative research methods to analyze twenty seven opinion polls dealing with the issue of constitutional change in Ireland. It provides a framework for anyone interested in understanding the intricate relationships between media, public opinion and constitutional ballot issues in an Irish/European context.

International Encyclopedia of Land Tenure Relations for the Nations of the World. Four Volume Set
2004 0-7734-6539-1
This four-volume work includes articles on land tenure, land relations, and the regulations of the land market in Austria, Australia, Africa, Bulgaria, Hungary, Great Britain, Germany, Greece, Kazakhstan, Daghestan, Canada, Latin America, Norway, Russia, the United States, Poland, Finland, Estonia, Switzerland, and Rumania. The encyclopedia is presented in both Russian and English, with facing-page translation.

Islamic and Crown Law Within the Aragonese Legal Space in the Fourteenth Century: Juridical Lacunas and Social Dialogue
2016 1-4955-0472-7
This work represents a new approach in the study of the history of Muslim populations in Medieval Spain. The author introduces us to a concept she calls ‘legal space’ in order to explain the evolutionary process of both the Muslim and Christian legal systems as they adapted through social dialogue in order to live together under the rule of one Christian kingdom.

Job Accidents and the Law in England's Early Railway Age Origins of Employer Liability and Workmen's Compensation
1997 0-7734-8735-2
This research chronicles the actions of coroners' courts in the 1830's and 40's, in order to illustrate the competition and, quite literally, the bargaining which could occur in a legal arena when a divisive set of forces changed English workplaces. This study argues that the strictness of judge-made and legislated law toward occupational accident victims may be understood within two contexts from that time: lawmakers' anger at the actions of "medical" coroners - notably Thomas Wakley of Middlesex - and their resentment of the actions of coroners' courts. Chapters 1-3 discuss information revealed about particular workplaces, and their changing nature. When coroners' courts heard occupational accident cases, they discussed many topics which are currently of interest to social historians, such as the structure of households, the status of children and domestic servants, the allocation of power within the workplace, the degree of mechanization, the provision of medical care in local communities, availability of self-insurance, the running of workhouses, and the staffing of hospitals and teaching of doctors. Beyond providing information about legal responses to social change, this study also emphasizes that alternative visions of the law of occupational accidents did exist, in complex and contentious form, in the years prior to 1846. The study occupies new ground in discussing the mechanics of the important shift away from the principle of "letting the master answer" for accidents, to the harsher mid-century principles such as the fellow-servant rule.

Las Siete Partidas, TÍtulo Ii, “de Los Casamientos” De Alfonso X, El Sabio: EdiciÓn CrÍtica Y ExposiciÓn AnalÍtica
2010 0-7734-3837-8
This is the first in-depth study of Title II, Book IV of Alfonse X the Wise, a legal document based on the canonical laws that infiltrated the social life of thirteenth century Spain. It is a valuable scope to the history and development of the philosophical doctrines and theological mentality of the Latin Fathers of the Church that molded every aspect of the matrimonial behavior for the Christians during the Middle Ages.
In Spanish.


Law of Treaties Between States and International Organizations
1992 0-7734-9590-8
The orthodox view that a treaty is an agreement between States has been seriously challenged by the growing practice of international organizations in the post World War II period. In responseto this, an International Convention was concluded in Vienna in 1986 under the auspices of the United Nations. The Convention presents a valuable contribution to the codification and progressive development of international law in two important fields: the law of treaties, and the legal status of international organizations. This study is based on the Convention, against the background of existing customary law, and is both a valuable textbook and, more significantly, a practical guide book for statesmen and foreign service personnel throughout the world.

Legal Administration of Financial Services in Common Law Jurisdictions
2006 0-7734-5933-2
There is a dearth of literature for lawyers and law reform institutions on how to structure, or what to consider when setting up, a unified financial services regulator. While economists have been quick to put pen to paper on collateral and substantive issues relating to unified financial services supervision, not much has been written by legal scholars. This book fills that gap. The book provides fresh and original contributions to the debate on unified financial services supervision, highlighting different models of unified regulators in several countries, and that different types of financial services and products continue to spring up in the financial sector of many countries is indicative of the changing landscape of the financial services industry globally. Equally important, as indicators of the evolving trajectory of financial services regulation, are increases in the number of countries where universal banking is practiced and in numbers of parent and subsidiary companies providing different types of financial services and products. This book is written against that background. The book examines the efficacy of the legal, institutional, and regulatory framework for financial services supervision. In particular, frameworks governing institutions and structures responsible for the supervision of such core areas of financial services as public distribution of securities, insurance, pension funds, and banking are examined.

Legal Aid in Canada
1989 0-88946-198-8
Traces the development of legal aid in Canada from its conceptual beginnings to its final form in implemented policy.

Legal Reform Versus the Power of the Party and State in the People’s Republic of China: Rule of Law or Rule by Law?
2008 0-7734-4894-2
This is a case-based approach to the construction of a rule-of-law society with Chinese characteristics by the Chinese Communist Party (CCP) in an attempt to build up its political legitimacy and to fulfil its nationalistic goal to develop China into a modern state. Based on a careful analysis of policy documents, jurisprudence and interview data on legal developments in contemporary China, the study reveals the distinctive place of ‘law’ and its close relationship to ideology in CCP led system, and concludes that the current legal construction, albeit not fully in compliance with Western conception of rule of law, is a legal-rational process aimed to modernise the Party-state and society.

Legitimizing Modernity in Islam: Muslim Modus Vivendi and Western Modernity
2005 0-7734-6235-X
This present study constructs modernity in Islam. Its value lies in its approach towards finding categories from within the shari' a law to create a space for an alternative possibility of modernity in the Muslim modus vivendi without changing its religious orientation. This unique approach remains within the Muslim tradition yet finding room for modernity in the Muslim world that is compatible with Western modernity. The author is remarkably successful in employing the ideas of Western modernity from Kant through Habermas and recent French theory (Levinas, Derrida etc.) in all its fundamental features such as the concepts of justice, human rights, secularization, individual freedom and society, democracy, gender relations, banking and financial transactions etc. that can be accommodated in the Muslim ethos.

Local Government, Law and Order in a Pre-Reform English Parish, 1790-1834
1993 0-7734-9239-9
A closely-focused study examining all aspects of control in a pre-Reform English parish in Kent. Examines both civil and ecclesiastical controls; institutions outside both such as village inns, schools, friendly societies, etc.; individuals involved, from the local squire and parson to highway surveyors. Also summarises the implications of the study for the traditional view of pre-reform local government.

Making of Criminal Justice Policy in the United States. Essays on the Role of the President, the Congress, and the Public
2008 0-7734-4963-9
This work analyzes the interplay between the American political system and criminal justice policy, providing a comprehensive examination of the vital role politics plays in defining key elements of the criminal justice system.

Medical Malpractice, Mistakes and Mishaps. Essays on Medical Litigation, the Mandatory Reporting of Health Professionals and the Limits of the Law
2013 0-7734-4535-8
This book discusses several important topics. Firstly, the book analyzes the limits of tort law; the problems with Australian law on the negligent failure to disclose medical risks and the merits of no-fault compensation schemes. Then it studies the importance of the elimination of medical error and the adoption of sound and comprehensive risk management principles; apologies and open disclosure in medicine. It also discusses the relationship between expert evidence and medical malpractice litigation.

Medieval Animal Trials. Justice for All
2012 0-7734-3081-4
In Europe as early as the thirteenth century and as late as the sixteenth century, non-human animals including rats, pigs, horses, and dogs were tried for criminal activities. Such trials were not sacrificial in nature; neither were they mock trials for entertainment. Rather, such trials were undertaken with great seriousness with appointed legal counsel for prosecution and defense, at some times before a judge and at other times before a judge and jury. This phenomenon would strike modern sensibilities are being somewhere between eccentric and completely mad, and no one today believes that animals are capable of forming criminal intentions. This book answers the question of how this rather arcane practice is to be understood because it is true that today no animals are formally prosecuted for crimes in courts of law.

My Internment and Testimony at the Nuremberg War Crimes Trial
2006 0-7734-5665-1
This study provides a different perspective on the important Nuremberg war crimes trial of 1945 and 1946. Friedrich Rainer, an Austrian Nazi, a lawyer, an influential Gauleiter, and a well-placed Hitler lieutenant, was a witness for the defendant Arthur Seyss-Inquart. Rainer was imprisoned in the witnesses’ wing where he had a unique opportunity to observe the trial and its participants. Later, as a Yugoslav prisoner, he wrote about his nine-month incarceration. His story, both first-hand and historical, is more detached than the memoirs of the defendants and provides a different perspective from the prosecutors. Since he was not himself on trial, he maintained a certain detachment, yet he shared some of the extant emotion. Further, Rainer’s legal background allowed him to examine, compare, and analyze the process. He also endeavored to write with the historian’s eye, distinguishing between fact and rumor, presenting evidence, and drawing conclusions. Most important, he placed his account in a larger context than the immediate trial. Finally, this translation, plus the editor’s commentary, provides a glimpse into the world of a man who embodies much that was typical Nazi, a man who may be seen as an historian and apologist of National Socialism.

Nuremberg Trial of Julius Streicher. The Crime Of Incitement to Genocide
2012 0-7734-1544-0
In a total rational world, you would expect new offences to be enacted through a process of reflection, research or various programs of reform, undertaken deliberately, by planned law reform commissions, or through comparative analysis with other legal systems. This research proposes that the emergence of one particular offence, 'incitement to genocide', was not the result of a deliberate attempt to create new offence, nor that its origins came from a rational process of planned codification. Rather, it argues that the creation of this offence was an unintended side effect of the trial and pre-trial process, during the first major war crimes trial held in Nuremberg after World War II in 1945/6.

This reconstruction provides the first comprehensive study that gives an in depth analysis, which explores how the defendant, Julius Streicher's anti-Semitic propaganda published in a private newspaper, Der Stunner could, though a process of selective reinterpretation by the Nuremberg Tribunal, be classified as inciting mass murder through words alone, under the remit of crimes against humanity in Article 6(c) of the Nuremberg Charter, In 1945, the crime of inciting mass murder through words alone was not recognized or classified as a criminal offence by international criminal law, no precedents existed for its definition, nature, scope, or, its prosecution, defense, or determination of an appropriate sentence, should defendants be found guilty. This study fills a gap in existing literature by focusing on the legal dilemmas and interpretations faced by all parties 'behind the scenes' involved in the prosecution and 'birth' of' incitement to genocide' prior to its legal recognition as an offence by the 1948, Genocide Convention.

Organized Environmental Crime: An Analysis of Corporate Noncompliance with the Law
2009 0-7734-4824-1
Crimes that harm the environment are frequently presented as random or accidental behaviors. This study, however, examines the cultural and organizational factors that make the routine operations of business susceptible to environmental law-breaking.

Original Intent and the Struggle for the Supreme Court
2005 0-7734-5852-2
This study examines the judicial philosophy of original intent and how the 1987 Robert Bork hearings impacted the judicial nomination and confirmation process. Although the debate had raged in the law schools for decades, the debate became public during Ronald Reagan’s second term. The Bork nomination was a merging of jurisprudence and politics. Following Bork’s rejection, many opponents of original intent argued that originalism was dead. The purpose of this research was to determine if the original intent debate still exists and how the Bork episode affected the nomination and confirmation process.

This study examines the scholarly literature on the emergence of the original intent debate, the exchange of words between Edwin Meese and William Brennan, the confirmation process prior to 1987, the Bork hearings, how the Bork hearings impacted post-Bork nominations and confirmations, Bill Clinton’s nominees to the federal judiciary, and the current status of original intent. Interviews with participants on both sides of this debate are included in this study.

Philosophical and Legal Concept of War
1994 0-7734-9256-9
This book demonstrates that, under contemporary principles of international law, war is an illegal institution in the international relations between States. War myths and fallacious doctrines meant to show the necessity of war are refuted and their falsehood and absurdity demonstrated. Also, it is established that the distinguished philosophers, political and social thinkers as well as statesmen, Eastern and Western, ancient and modern, consider war as a calamity or as a crime. All the documents concerning war from the establishment of the League of Nations to September 30, 1992 are also analyzed.

Philosophical Defense of Affirmative Action
1999 0-7734-8263-6
This volume gives a scholarly review of literature on affirmative action, examines key legal cases, depicts Wilson's theory of cycles, provides the most advanced philosophical arguments on affirmative action from the writings of Aristotle, Wasserstrom, Beauchamp, Blackstone, Greene and the author. It offers a list of additional legal cases, an index, and a detailed and extensive bibliography.

Philosophical Essays on the Ideas of a Good Society
1988 0-88946-102-3
Essays arising from the first International Conference on Social Philosophy, which addressed some of the most important issues facing humankind at the end of the 20th century: justice; freedom; power; equality; privacy; conscience vs. law; technology and changing values; population; business ethics; nuclear war; violence; terrorism; and peace. Social Philosophy Today No.1

Policing in Finland
2006 0-7734-5708-9
Examines the reciprocal relationship between Finnish culture and Finnish policing. Cultural values, socio-economic and political backgrounds are used as the foundation to explain how the police work in Finland. Unlike many nations, the Finns consistently rank their police force as the most trustworthy among all the public institutions. In turn, the police benefit from a progressive culture in which tolerance, justice, and equality are highly practiced virtues. Through the lens of culture the authors focus on studying both the organization and the crafts of policing in Finland in contrast to police practices in the United States and elsewhere. The history, structure and functions of the Finnish police as well as the street practices are presented, vividly based on extensive fieldwork and personal interviews. This book will contribute to our understanding of why a society gets the police it deserves.

Practical, Tactical and Legal Perspectives of Terrorism and Hostage Taking
2000 0-7734-7877-9
The tragedies of failed negotiations and tactical rescue attempts at Ruby Ridge, Waco, and the Good Guys electronic store highlight the difficulty of peacefully resolving hostage/crisis situations. The volatility of hostage-taking events, especially terrorist hostage takers, demonstrates the complicated challenges negotiators and tactical response teams face as they attempt to resolve hostage/crisis events. This text provides practical, tactical, and legal information concerning the interactive strategies of hostage negotiations. One of its major strengths is a comprehensive review of the legal perspectives related to hostage-taking incidents. The text is well-documented and draws on the experience of scholars and practitioners in an effort to provide the best information on determining the outcome of hostage-taking events. It ads to the behavioral science literature associated with the complicated process of hostage negotiations. The book is a blend of theory, research, practical, and legal discussion that makes it a valuable contribution to the literature on hostage negotiations.

Practice and Prospects of the Ombudsmen in the United Kingdom
1995 0-7734-9081-7
In the last two decades, the Ombudsman concept has been adopted for many areas of administration in the United Kingdom. Among the distinguished contributors to this volume are Ombudsmen themselves (the Parliamentary Commissioner, William Reid; his local government equivalent, Dr. David Yardley; and the Insurance, Building Societies and Banking Ombudsmen); representatives of consumer groups (Lady Wilcox, Chairman of the National Consumer Council, and Jeremy Mitchell, Director of the International Consumer Policy Bureau); 'victims' (Sir Derek Andrews, then Permanent Secretary of the Ministry of Agriculture, and Roger Jefferies, Chief Executive of a London Borough); academic commentators (Professor Carol Harlow and Gavin Drewry); and Sir Anthony Durant, M.P. Together they debated how visible and accessible are the different Ombudsman systems to ordinary members of the public, whether they achieve the results which aggrieved citizens and consumers desire, and how they can be made more effective in the future.

Precautionary Principle in International Relations: Constructing Foreign and Defense Policy in an Age of Uncertainty
2012 0-7734-2940-9
Written in response to the Bush Administration’s aggressive rhetoric previous to and during the Iraq War, this book addresses the key issues relating to Precautionary Principles on defense policies regarding pre-emptive war. Policymakers in the West seem prone to use these tactics when they feel there is certainly an outside threat to national security, and even when the threat is miniscule, after 9/11 American leaders in particular seem to err on the side of caution. Knowing the difference between a certain threat, a risky pre-emptive attack, and uncertainty could have informed public debate in significant ways. This theory is necessary now more than ever because our world system faces new and unknown threats that must be mediated by an international order.

Private Armies, Citizen Militias, and Religious Terrorists
2007 0-7734-5287-7
Explores the structural, interactional and historical origins of antisystemic violence, that is violence in response to relatively stable sets of social relations and/or bureaucratized state structures, in today’s world. The study’s focus is primarily on militia groups in the Americas and Central Asia.

Problems and Challenges for Lawyers in Africa
2007 0-7734-5460-8
This book, using Nigeria as a case study, examines the role and place of lawyers in Africa in this era of hope and optimism. It provides an illuminating perspective on how lawyers operate in a society anxious to embrace democracy, but still crippled by past attitudes, weak and ineffectual institutions, corruption, and the recrudescence of primordial ethnic sentiments. Though the focus is on Nigeria, the book refers to other countries to highlight, by contrast or comparison, the central issues faced by lawyers all over the African continent. These findings are relevant to other African countries because the social pathologies that disfigure Nigeria are prevalent in most, if not all, African nations. Despite these problems, the democratic impulse remains strong in the continent of Africa. Nearly all African countries put their faith in constitutional democracy despite its debasement by the political elites. They are all increasingly dependent on law to help promote social equilibrium and consolidate constitutional democracy.

Purpose of the Ninth Amendment to the Constitution of the United States. Protecting Unenumerated Rights
2005 0-7734-6073-X
This work establishes the intent and application of the Ninth Amendment to the United States Constitution. Its traces the amendment’s historic origins to the Federalist—Anti-Federalist debates. It links the provenance of the Ninth Amendment back to the state constitutions, bills of rights and positive laws of the Constitution’s Framing period. It discusses James Madison’s introduction of the Bill of Rights during the first Congress. It reviews each recommendatory amendment submitted by the states during the ratification process along with each state constitution and bill of rights contemporaneous with the Framing. It examines each Supreme Court decision referencing the Ninth Amendment. It also summarizes main Ninth Amendment theories described in the literature.

The author presents a case for finding Ninth Amendment unenumerated rights within the positive law of the framing period as expressed in the state bills of rights and constitutions and within the penumbras formed by specifically enumerated rights.

Race Preference Programs and the United States Supreme Court's Strict Scrutiny Standard of Review
2005 0-7734-5944-8
This study offers a legally and methodologically acceptable approach that governments can use to generate factual predicate for establishing compelling state interest in adopting race preference programs in government contracting under the United States Supreme Court’s strict scrutiny standard of review. Race preference programs are critical for increasing opportunities among minority firms to do business with government. These programs have come under judicial attack in recent years at both the state and federal government levels because they do not serve a “compelling state interest” to correct discrimination in the government contracting process. The courts rejected these programs as premised on evidence that do not offer a legally and methodologically acceptable probative explanation of the extent to which discrimination influence contract award to minority firms under the United States Supreme Court’s strict scrutiny standard. Using the City of St. Petersburg as the research setting, this study combines quantitative and qualitative approaches to determine probative explanation of the extent to which discrimination influence contract awards to minority-owned firms within the framework of the Supreme Court strict scrutiny standard. These approaches can be relied upon by any government entity to ascertain if race preference and/or race neutral remedial policies are warranted.

Race, Class, and Gender Bias of the American Justice System: A Study of California’s “three Strikes” Law
2011 0-7734-3938-2
This book critically evaluates the media for manifest and latent content of its rhetoric, particularly, as it pertains to California’s “Three Strikes and You’re Out” legislation. It offers new insight into the intersection of mass media’s crime coverage and its influence on readers.

Reconciliation of Classes and Races: How Religion Contributes to Politics and Law
2009 0-7734-4762-8
This book proposes reconciliation as an ethic for fractured relationships in multiracial and multiethnic societies. The work traces the origin of reconciliation in various religions and philosophies and proposes how it can provide a common framework to govern society. Includes detailed case studies on making reconciliation between ethnic groups possible in the United States and Malaysia.

Regulating the Use of Biological Hazardous Materials in Universities
2006 0-7734-5572-8
The research is a case study of one university’s policies and practices with regard to the procurement, use, storage and disposal of biological Hazardous Materials (HAZMAT) in the context of a changing internal structure and a changing regulatory environment. The research utilized qualitative methods for gathering the data that allowed for analysis of the current situation with how the institution conducted operations with biological elements in the organization. Recommendations were formulated from gathering policies, procedures, and practices from other research institutions as well as utilizing federal guidelines for safeguarding biological materials. The research highlights several areas of safety and security for biological HAZMAT that can be improved and makes recommendations based on those findings.

Review of Juvenile Executions in America
1997 0-7734-8547-3
The review begins in 1642, when the first juvenile was executed by the Massachusetts Bay Colony, and culminates in 1957, with the last (to date) execution. A total of 331 juveniles are included in the study. A socio-historical analysis of specific periods in history provides an explanation for the type of juvenile that was executed during the period. Characteristics of interests are the juvenile's age, race, and gender, in addition to the total number of juveniles executed during the given period. The social, political, and legal atmospheres of the era are reviewed to determine what, if any, effect these had on influencing the administration of capital punishment. Particular attention is given to the fifty years immediately following the Civil War, as juvenile executions reached unprecedented high numbers.

Rhetoric, Law, and the Mystery of Salvation in Romans 7:16
2001 0-7734-7708-X
Many have come to the conclusion that Romans 7: 1-6 indicates a deficiency in Paul’s ability to construct a coherent argument. This study suggests that interpretive problems will be eliminated if the pericope is approached with the right methods. Romans 7: 1-6, examined as a rhetorical treatise, is a paradeigmatic argument which is both structurally and logically coherent. A full understanding also demands a re-evaluation of the meaning and reference of ‘law’ in Romans. Utilizing semantic analyses, Burton suggest that ‘law’ most often refers to the Decalogue. In this pericope, Paul demonstrates how a sinful individual who is condemned by law is transformed to a spiritual individual who is commended by law.

Right to Democracy in International Law
2003 0-7734-6852-8


Rights of the Unborn Child in International Law Volume One
1999 0-7734-7832-9
The aim of this work is to fill the lacuna which exists in international law concerning the rights of the unborn child. This book is a docification and progressive development of International law in this field with a view to proposing a Convention on the Human Rights of the Unborn Child. Volume is deals with Abortion and the right to life. Volume II deals with biotechnology and the human rights of the unborn child.

Role of Attorneys in Court Ordered Mediations in North Carolina: The Pilot Phase
2009 0-7734-4809-8
This book explores the extent to which lawyers’ attitudes and practices have changed with the growth of mediation and whether lawyers have altered mediation to suit their needs. Such information is crucial to a complete understanding of how mandatory mediation operates in the context of legal practice within an adversary court system.

Role of Firearms in Domestic Violence. A Study of Victims, Police, and Domestic Violence Shelter Workers in West Virginia
2000 0-7734-7893-0
Examines the dynamics of abusive relationships and the role of firearms in violent acts, in an attempt to assist policy-makers and NCHIP in facilitating the most effective response to domestic violence. The research was conducted by faculty in the Criminal Justice Department at Marshall University as part of a continuing commitment to education, training, and research about domestic violence. Included are a literature review, analyses of primary and secondary data collected, and recommendations for policy and training.

Role of the Ombudsman in Nigeria
2007 0-7734-5336-9
This study reviews the Nigerian legal tradition before and after the advent of the British colonial administration. After gaining independence from British colonial rule, the government did not deviate from the established practice of the colonial administration in relation to the protection of the rights of the citizens. The only available channel for citizens to challenge arbitrary and capricious action of administrative officials is the ordinary courts of law. Justice in administrative areas under this arrangement often seems slow and wanting. Therefore, the military government instituted a commission of enquiry to analyze and find ways to improve the situation which recommended the establishment of the institution of the Ombudsman. In 1975, the Murtala military administration established the Public Complaints Commission as a supplement to the court system to correct flagrant disregard of basic standards of human rights by administrative officials.

During the eight years of its existence, the FCC has resolved an average of 1526 cases annually, and a comparative analysis of the activities of the ombudsman in other countries suggests that the FCC has resolved at least a respectable number of cases. Furthermore, a review of testimony by citizens also indicates that some sections of the population have come to recognize the activities of the FCC, On the whole, the FCC appears to have achieved some degree of success.

The study concludes further that the following developments have to occur in order to further enhance the impact of the FCC on grievance resolution. The FCC must become autonomous from the civil service structure, and provisions must be made to increase the legal powers and jurisdictional competence of the FCC, A vigorous publicity campaign must be mounted to keep the public abreast of the functions of the FCC. A team of competent, aggressive, and enterprising personnel must be attracted to the FCC to enhance efficiency and professionalism.

Role of the Supreme Court in American Political Culture
2006 0-7734-5843-3
This study examines the irreconcilable demands of American contradicting political mythology and how this dynamic is played out in the arena of constitutional law and the U.S. Supreme Court. Unlike those who argue that America suffers from the paradoxical contradictions in its ideas (see, for example, H. Mark Roelofs, The Poverty of American Politics), this book suggests that the very strength of American political idealism lies in its contradictions, and that the Supreme Court’s essential role is the preservation of those contradicting ideals. In early chapters, classic liberal demands and contradictions as well as republican ideals are examined. The author argues that healthy liberalism is dependent upon a healthy republican ideal. The author further demonstrates that dominant judicial philosophies from the right and left are all inadequate due to their failure to comprehend the Court’s mythical responsibilities. In the final chapter, Roe v. Wade and Bush v. Gore are shown as examples where the Court failed. By refusing to take their mythological responsibilities seriously, the Court’s opinions in these cases appear to rest on blatant power politics. It is as if the members of the Court blatantly replaced their mythical priestly robes with the hats of highly suspect politicians. A brief examination of Brown v. Board of Education reveals a Court meeting its obligation by carefully staying in the realm of myth as it cautiously resolved the case. The author further argues that the nation would be well served if justices on the Court would pursue this most important political responsibility when exercising judicial review and that conservatives and liberals, Republicans and Democrats, all have a vital interest in encouraging justices on the Court to accept this responsibility. The author suggests that conflicting idealism is essential to freedom as it checks powerful political agendas from the right and the left, and demonstrates that the Supreme Court is uniquely positioned to promote this idealism. History has shown that a single unifying political philosophy, which makes it easy to run rough-shod over all who stand in its way, it not always desirable. The strength of American idealism is that it refuses to grant full legitimacy to virtually any government initiative.

Role, Design and Growing Importance of United States Magistrate Judges
2004 0-7734-6445-X
This work provides the foundation for the study of United States Magistrate Judges and an examination of their behavior. The results presented in this work make a theoretical contribution to the literature supported by both qualitatively and quantitatively examining the roles and decisions of United States Magistrate Judges. At the most fundamental level, this work shows that Magistrate Judges should no longer be overlooked in the public law literature and calls for more research on these, and other overlooked players in the judiciary.

Ronald Dworkin on Law as Integrity Rights as Principles of Adjudication
1996 0-7734-2268-4
This study provides a comprehensive examination of the legal theory of Ronald Dworkin, arguably the most original and provocative philosopher of law that America has produced this century. Dworkin's work represents an effort to synthesize the moral commitments of the natural law tradition with the hermeneutical character of post-modern philosophy. The result is an interpretive theory of law, focused on the essentially moral character of hard case adjudication. Judges strive to be principled and consistent in their resolution of legal disputes, thus manifesting an implicit commitment to the ideal of Integrity. This book clarifies and probes the moral, epistemological, and metaphysical commitments of Law as Integrity.

Rule of Law and the Law of War. Military Commissions and Enemy Combatants Post 9/11
2005 0-7734-6209-0
After the horrific terrorist attacks of September 11,2001 on New York, Washington D.C. and Pennsylvania which resulted in the unprecedented destruction of the World Trade Center, the Pentagon and the murder of several thousand people from eighty-seven countries, President George W. Bush proclaimed a national emergency and issued an executive order which for the first time in United States history permits the government to hold and prosecute by military commission stateless members of a terrorist organization in an undeclared war.

The study examines the nature and purpose of military commissions in American history that provides the context for their role as anticipated by the Bush Administration. It further examines the role of the President as Commander-in-Chief under Article II of the United States Constitution to issue his military orders on military commissions in an age of international terrorism, and the principal substantive procedures issued by the Pentagon to make the commissions fully operational. The study addresses the pivotal role of the United States Supreme Court in deciding landmark national security cases that could well test the very foundation of the balance of power in American government and considers the Administration's authority to declare American citizens as "enemy combatants" and detain them indefinitely without trial; and to hold non-citizen enemy combatants at Guantanamo Bay, Cuba without the opportunity to challenge the basis for their detention in any court of the United States. Finally the study considers whether the war on terror is of such a nature as to warrant expansion of the exercise of war power by the political branches of government. Critical long-term issues that impact on balancing civil liberties with national security interests are identified that must be addressed by the Congress and the Executive in confronting the continuing war on terrorism post-September 11.

Saxon and Medieval Antecedents of the English Common Law
2000 0-7734-7873-6
This volume provides an interdisciplinary approach to legal history, utilizing law, linguistics, cultural anthropology, and social history to document and analyze the slow but steady growth of the English Common Law from Anglo-Saxon times to the nineteenth century.

Social and Symbolic Effects of Legislation Under the Rule of Law
2005 0-7734-6164-7
This book addresses a set of intriguing and complex questions in the study of law and society. How does legislation affect the behavior of citizens? What role do attitudes play in rule following and under what conditions can legislation influence these attitudes? The book juxtaposes two approaches to this set of questions. The social working approach is an exercise in empirical sociology of law, seeking a behavioral explanation of rule- following. The communicative approach to legislation investigates legislation as a communication process in both an empirical and a normative sense. The ensuing debate sheds light on the uses and dangers of legislation as an instrument of democratic governance under the rule of law.

Social Intervention. Theory and Practice
1987 0-88946-136-8
Presents both theory and examples of social intervention by 16 authors from various disciplines, including psychology, law, and sociology.

Sociology of Law
2007 0-7734-5171-4
This revised and expanded bibliography will help researchers quickly and effectively locate appropriate sources, and will be of most benefit to legal sociologists, legal anthropologists, law school professors, academic criminologists, criminal justice educators, etc.

Sociology of Law. A Bibliography of Theoretical Literature
2003 0-7734-6585-5
This revised and updated bibliography will help researchers quickly and effectively locate appropriate sources, and will be of most benefit to legal sociologists, legal anthropologists, law school professors, academic criminologists, criminal justice educators, etc.

Sources of Islamic Jurisprudence: Justice and Law in Islam
2013 0-7734-4481-5
Islamic jurisprudence and its sources are brilliantly explained in this compelling and instructive book. The reader comes away with a clearer sense of the meaning of Shari’a principles and jihad, and how social justice theories translate into practical actions and practical reality in today’s global community.

Spiritual Revitalization of the Legal Profession
2005 0-7734-6015-2
This book is an eloquent call to restore the element of sacredness to the legal profession. Utilizing an inspirational writing style, it examines the practice and teaching of law through a spiritual lens. It not only identifies the spiritual challenges that the profession faces, but offers concrete and theoretical alternatives than can be embraced and pursued. Through the use of metaphors that capture the difference between the attorney personality and the lawyer’s soul, this book seeks to inspire the imagination and spirit of lawyers instead of regulating their actions.

Succession of States in Respect to Treaties, State Property, Archives, and Debts
1991 0-88946-263-1
A study with great relevance and topicality for a world with a rapidly changing political map: discusses the succession of states to treaties and other obligations/rights, seeking answers to the question, Does a new state succeed to its predecessor's international rights and duties, and, if so, to what extent?

Sudan Law and International Human Rights Norms
2002 0-7734-6991-5


Supremacy of the State in International Law
2003 0-7734-6848-X
The Act of State Doctrine holds that a state is legally supreme within its own boundaries and its sovereign is wholly immune to the judgments of other nations. The acts that the sovereign power’s agents perform as part of their official duties and responsibilities cannot be called into question in the courts of another nation. If a state possesses not final and complete power over its own territory and citizens it is a dependency, a colony, or an occupied area. As nations moved into the modern world nations began to have second thoughts about maintaining and supporting sovereign absolutism. This study investigates past, current, and emerging meanings of the act of state doctrine. It also examines exceptions to the act of state doctrine.

Surgical Litigation Crisis: Medical Practice and Legal Reform
2010 0-7734-1407-X
The authors bring together a new legal and medical analysis of history and developments in the area of malpractice litigation. The book provides a valuable resource for doctors, lawyers and patients/consumers, especially in terms of its in-depth examination of the components of the surgical litigation crisis and legal reform.


Triumph of Ethnic Hatred and the Failure of International Political Will: Gendered Violence and Violence in the Former Yugoslavia and Rwanda
2010 0-7734-3698-7
This inquiry is carried out in three interrelated parts. The first part explores the roots of ethnic conflict in the former Yugoslavia and Rwanda and analytically discusses the mechanisms and motivations that led to genocidal rape, ethnic cleansing and mass killings in these regions. It reveals and analyzes the dramatic and overwhelming relationship between national extremism, mass killings, and sexual violence in ethno-national conflicts.

The second part of this analysis establishes a framework for understanding the nature and contours of sexual violence through case-studies of systematic rape as an integral element of ethnic conflict and genocide in the former Yugoslavia and Rwanda. It provides a critical view of the ideology of wartime sexual violence and wartime rape motivations as among the most destructive weapons of war, highlighting the historical invisibility of this crime in which women were, and still are, the major targets and most vulnerable victims.

Finally, part three of this volume discloses the equivocal role of the international community in managing the crisis. It addresses the ambiguous question of why the international community, represented by United Nations peacekeeping missions, was unable to prevent or to stop the mass killing and atrocities.

Twenty-Five Issues in Educational and Administrative Law
2016 1-4955-0405-0
This eclectic book provides legal and administrative perspectives for educators, healthcare workers and others wishing to learn how to envision and create collegial environments to enhance student accommodation for safe and caring schools in relationship to the complex and varied cultural and social justice issues faced by administrators, teachers and policy makers.


Unconscionable Contracts in the Music Industry
2006 0-7734-5846-8
This work is an economics and behavioral-based study of contract law and its effectiveness toward those engaged in long term, contractual relationships in the music industry. This high-profile industry demonstrates a need for certain developments in modern, legal relationship governance. The author perceives this as a need for English contract law to develop a stand alone doctrine of unconscionably constructed contracts.

Research shows that problems may lie in the way in which hybrid versions of legal principles, such as restraint of trade, have been formulated over time. Additionally the way these legal principles are communicated to relevant individuals and business communities leaves them open to ignorance or misinterpretation. Furthermore, social and economic characteristics which shape and drive the behavior of parties to long-term contracts do not seem to be sufficiently well understood, studied or taken into account in the arena of the courts.

Utilizing the wider scope of social sciences in examining legally bounded interaction has enriched the discussion about the opportunities that may exist (a) to understand the real human issues which give rise to cases in law and (b) to provide clearer judicial governance over the future formation and conduct of long-term contractual relationships.

Understanding Local Autonomy in Judaea Between 6 and 66 Ce
2006 0-7734-5828-X
This book describes, analyzes and interprets the extent of local Jewish autonomy in Judaea during the period 6 to 66 CE. It is the book’s purpose to illustrate and clarify whether the Jewish leaders in Jerusalem in this period had the authority to pass sentence in capital cases and to execute such sentences. The background and context of this investigation is the trial of Jesus, but the issue at stake is of general historical interest as well.

Universities, Faculty and the Battle Over Intellectual Property
2006 0-7734-5661-9
This book examines the intellectual property conflicts that occur when college professors develop new courses to be delivered by electronic means, such as through the Internet. At many universities, faculty members are encouraged to develop such courses, but are required to sign intellectual property agreements that allow the institutions to re-package the courses, license them to other universities and enjoy the profits, with the faculty members receiving nothing other than a one-time “development fee.” While intellectual property conflicts between employers and employees in private industry have been common for years, such conflicts between faculty members and the universities that employ them are just now becoming common in the American legal system. The primary theoretical consideration in this research is related to the fundamentals of constitutional law. There are occasional conflicts between intellectual property law and concepts of free speech, both of which are provided for in the U.S. Constitution.

Uses of History in the Press and in Court During California's Battle Over Proposition 8: Casting Same Sex Marriage as a Civil Right
2012 0-7734-2637-X
Li sees through the media’s white noise on the issue of same sex marriage to discover that opponents of Proposition 8 often made claims about the past to sway public perception. These arguments were based on claims evoking a historical sense of the institution of marriage, but to a certain extent they were untrue. This book attempts to dispel some of the misperceptions around the concept of marriage in a historical context. Li also shows that homosexual and heterosexual couples are not exactly the same, and marriage is differently understood. She goes above and beyond merely explicating how the media covered the story, to delve into larger social influences at play in society.

Vico and the Social Theory of Law. The Structure of Legal Communication
2014 0-7734-0050-8
This creative text is the result of a scholarly struggle with the meaning over the context of a social theory of law. It examines the philosophical, sociological and jurisprudential aspects of Gambattista Vico’s theory of law. Particularly his philosophical confrontation and engagement with important thinkers such as: Hobbes, Leibniz and Spinoza and the configuration of this thought with modern thinkers such as Gadamer and Deleuze.


Volume Three: An International Encyclopedia of Land Tenure Relations for the Nations of the World
2004 0-7734-6537-5
Includes articles on land tenure, land relations, and the regulations of the land market in Austria, Australia, Africa, Bulgaria, Hungary, Great Britain, Germany, Greece, Kazakhstan, Daghestan, Canada, Latin America, Norway, Russia, the United States, Poland, Finland, Estonia, Switzerland, and Rumania. The encyclopedia is presented in both Russian and English, with facing-page translation.

Volume Two: An International Encyclopedia of Land Tenure Relations for the Nations of the World
2004 0-7734-6535-9
This four-volume work includes articles on land tenure, land relations, and the regulations of the land market in Austria, Australia, Africa, Bulgaria, Hungary, Great Britain, Germany, Greece, Kazakhstan, Daghestan, Canada, Latin America, Norway, Russia, the United States, Poland, Finland, Estonia, Switzerland, and Rumania. The encyclopedia is presented in both Russian and English, with facing-page translation.

Welsh Noblewomen in the Thirteenth Century. An Historical Study of Medieval Welsh Law and Gender Roles
2009 0-7734-4672-9
Analyzes the role of Welsh noblewomen thirteenth-century Welsh history. It discusses their absence from this history until recently and examines several outstanding Welsh noblewomen. The women studied include the mothers, wives and daughters of the native Welsh rulers of Gwynedd as well as noblewomen from northern Powys, Cydewain, and Ceredigion. This book contains twelve color photographs.

Why Donor Insemination Requires Developments in Family Law
2007 0-7734-5257-5
This book examines the legal framework and practices surrounding licensed donor insemination in Britain at the end of the twentieth-century, together with a detailed consideration of the legislative and policy based changes in the early years of the twenty-first century. Drawing on interviews with single women, lesbian couples and heterosexual couples, this analysis focuses on the practical effects of the Human Fertilisation and Embryology Act for women and men who had sought access to and used this procedure. This qualitative study explores the complexities and significance of the legal construction of parenthood and ‘the family’, together with the (re)configurations of biogenetic ties in the context of families with children conceived through donor insemination.

William Penn, James Madison and the Historical Crisis in American Federalism
2000 0-7734-7698-9
This study alerts American citizens to the danger of the demise of American government, as it was conceived by the founders and framers. The books traces the rise of the American nation and its unique governmental creation – a delicate balance of republicanism, democracy, federalism and constitutionalism. It examines William Penn’s attempt to establish a “Holy Experiment” an utopian yet practical government, and then the new constititution which James Madison called the “American Experiment”. The book follows the daily steps of the deliberations and conversations of the participants in the Constitutional Convention of 1787. The study culminates in an examination of the third attempt at confederacy in American and new efforts to replace national government with a controlling global economy.

Women in Celtic Law and Culture
1996 0-7734-8760-3
This study presents a global view on the early Celtic experiment in gender equality, focusing on pre-Roman Celtic groups (Celtiberi, British, Gaulish) as well as the six major Celtic societies which survived into the Middle Ages (Breton, Cornish, Irish, Manx, Scottish, and Welsh). Employing an interdisciplinary approach, it avoids parochialism by cross-referencing, where possible, Pagan, secular Christian, and Christian Church authors. In the cases of conflicts in dates, all sides of the conflicts, and types of evidence from such varied disciplines as archaeology, history, women's studies, anthropology, classical studies, comparative law, economics, linguistics, political science, and psychology are cited.

Women, the Crime of Stalking, and its Effects. A Study of Police Attitudes and Practices
2011 0-7734-1578-5
This monograph examines why stalking victims are offered poor protection and little support by the police. It advocates the refinement of police methods of recruitment, training and evaluation to combat the effects of patriarchy and gender issues in university criminal justice programs.

Woodbury County, Iowa Community Drug Court, 1999-2008
2010 0-7734-3734-7
This study documents the history and formation of a community panel drug court in Woodbury County, Iowa. This model is shown to be one of the most successful and low cost options for dealing with non-violent offenders with substance abuse problems.