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Book
xix, 309 pages ; 24 cm
  • Access to justice and legal aid cuts : a mismatch of concepts in the contemporary Australian and British legal landscapes / Asher Flynn and Jacqueline Hodgson
  • Challenges facing the Australian legal aid system / Mary Anne Noone
  • Rhyme and reason in the uncertain development of legal aid in Australia / Jeff Giddings
  • The rise and decline of criminal legal aid in England and Wales / Tom Smith and Ed Cape
  • A view from the bench : a judicial perspective on legal representation, court excellence, and therapeutic jurisprudence / Pauline Spencer
  • Face-to-interface communication : accessing justice by video link from prison / Carolyn McKay
  • The rise of "DIY" law : implications for legal aid / Kathy Laster and Ryan Kornhauser
  • Community lawyers, law reform, and systemic change : is the end in sight? / Liana Buchanan
  • What if there is nowhere to get advice? / James Organ and Jennifer Sigafoos
  • The end of "tea and sympathy"? : the changing role of voluntary advice services in enabling access to justice? / Samuel Kirwan
  • Reasoning a human right to legal aid / Simon Rice
  • Cuts to civil legal aid and the identity crisis in lawyering : lessons from the experience of England and Wales / Natalie Byrom
  • Access to what? : LASPO and mediation / Rosemary Hunter, Anne Barlow, Janet Smithson, and Jan Ewing
  • Insights into inequality : Victorian women's access to legal aid / Pasanna Mutha-Merennege
  • Indigenous people and access to justice in civil and family law / Melanie Schwartz
  • Austerity and justice in the age of migration / Ana Aliverti.
This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.
(source: Nielsen Book Data)9781509900848 20170327
Law Library (Crown)
Book
xvi, 519 pages ; 22 cm
  • Background
  • Substance
  • People
  • Arbitration and the law
  • Conclusions.
Despite plague, fire, political upheaval and religious strife, in the 17th century English people of all kinds used mediation and arbitration routinely to help resolve their differences. Kings and poor widows were parties. Kings and yeomen arbitrated. Francis Bacon, Edward Coke, Samuel Pepys, Robert Hooke and James I himself all took what they called arbitrament for granted as the best way of resolving all kinds of disputes they could not manage themselves. The redoubtable Lady Anne Clifford was exceptional; she successfully withstood the insistent demands of James I to arbitrate in her land dispute with her husband and family. Women appear as often as men in many of the primary sources and have a chapter to themselves. There are five parts: Part One describes the background; Part Two the subject matter: land, family and business; Part Three the people: parties and arbitrators; Part Four the law, and Part Five draws conclusions. The 17th century saw great changes in English life, but few and only towards its end in the ways in which parties managed their disputes by arbitrament, usually asking an even number of third parties, first to arrange a settlement as mediators and, if that failed, to adjudicate as arbitrators. Parties relied on bonds to ensure each other's performance of the submission and award. But, as the century drew to its close, lawyers advised their clients to take advantage of the courts' offer to accept a claim and, with the parties' consent, to refer it to arbitration, with arbitrators appointed by the court. That process came to be called a rule of court and the Government established it by the Arbitration Act 1698.
(source: Nielsen Book Data)9780957215313 20170213
Law Library (Crown)
Book
xiv, 275 pages ; 24 cm
  • Introduction 1. `Fie, painted rhetoric!' Common Law, Satire and the Language of the Beast I. Oratory, Empire and Common Law II. Rhetoric, Method and the English Lawyer III. Our English Martiall: John Davies of the Middle Temple IV. Love's Labour's Lost, the Inns of Court and the Sweet Smoke of Rhetoric 2. Princes Set Upon Stages: Macbeth, Treason and the Theatre of Law I. Compassing or Imagining Regicide II. Of Such Horror, and Monstrous Nature: The Juridical Enactment of Betrayal III. Royal Succession as Theatre of the Whole World IV. Treason and the King's Two Bodies 3. The Winter's Tale: An Art Lawful as Eating I. Law, Literature and Genealogy II. Horticulture, Transformation and the Artifice of Law III. The Nature of Law IV. Inheritance, Gender and the Common Law Tradition V. The Arts of Portraiture and Politics 4. Cymbeline: Empire, Nationhood and the Jacobean Aeneid I. Some Footsteps in the Law II. A Law Inscribed upon the Heart III. Postnati. Calvin's Case and the Journey of Jacobean Law IV. The Divine Purpose, Nature and the Equivocal Image V. The Nationalist Ends of Myth 5. The Tempest: The Island of Law in Jacobean England I. Cannibals, Colonies and the Brave New World II. Utopia and the Legal Imagination III. Enchanted Islands of Common Law.
  • (source: Nielsen Book Data)9781509905485 20170321
Through an examination of five plays by Shakespeare, Paul Raffield analyses the contiguous development of common law and poetic drama during the first decade of Jacobean rule. The broad premise of The Art of Law in Shakespeare is that the `artificial reason' of law was a complex art form that shared the same rhetorical strategy as the plays of Shakespeare. Common law and Shakespearean drama of this period employed various aesthetic devices to capture the imagination and the emotional attachment of their respective audiences. Common law of the Jacobean era, as spoken in the law courts, learnt at the Inns of Court and recorded in the law reports, used imagery that would have been familiar to audiences of Shakespeare's plays. In its juridical form, English law was intrinsically dramatic, its adversarial mode of expression being founded on an agonistic model. Conversely, Shakespeare borrowed from the common law some of its most critical themes: justice, legitimacy, sovereignty, community, fairness, and (above all else) humanity. Each chapter investigates a particular aspect of the common law, seen through the lens of a specific play by Shakespeare. Topics include the unprecedented significance of rhetorical skills to the practice and learning of common law (Love's Labour's Lost); the early modern treason trial as exemplar of the theatre of law (Macbeth); the art of law as the legitimate distillation of the law of nature (The Winter's Tale); the efforts of common lawyers to create an image of nationhood from both classical and Judeo-Christian mythography (Cymbeline); and the theatrical device of the island as microcosm of the Jacobean state and the project of imperial expansion (The Tempest).
(source: Nielsen Book Data)9781509905485 20170321
Law Library (Crown)
Book
liii, 292 pages : illustrations ; 23 cm
  • Balancing decision-making amongst courts and legislatures
  • Judicial review and political responses
  • Comparing political responses in India and the United Kingdom
  • Judicial review in the shadow of remedies
  • Collateral institutions to judicial review
  • Conclusion.
The Human Rights Act (HRA) of the UK, enacted in 1998, provoked particular interest amongst scholars. Unlike systems of parliamentary sovereignty and judicial supremacy, it promised a new, 'balanced' model for the protection of rights, which conferred courts with a limited power of review over legislation. Under this new model, rights-based decision-making was expected to be balanced amongst courts and legislatures, rather than lopsided in favour of either. Indian courts, on the other hand, have always been constitutionally entrusted with the power to strike down primary legislation enacted by the Union and state legislatures. This book examines the promise of the new model against its performance in practice by comparing judicial review under the HRA to an exemplar of the old model of judicial review, the Indian Constitution. It argues that although the HRA fosters a more balanced allocation of powers between legislatures and courts than the Indian Constitution, it does so for a novel reason. Balanced constitutionalism is not achieved through the legislative rejection of judicial decision-making about rights. Instead, the nature of the remedy under the HRA enables British courts to assert their genuine interpretations of rights in situations in which Indian courts find it difficult to do so.
(source: Nielsen Book Data)9780199470587 20170508
Law Library (Crown)
Book
xxxv, 388 pages : illustrations ; 26 cm
  • The rise and fall of Lehman Brothers / Anton R. Valukas, Robert L. Byman, and Daniel R. Murray
  • The liquidation of Lehman Brothers Inc., the New York brokerage of the Lehman global enterprise / Kenneth J. Caputo, James W. Giddens, and Cristopher K. Kiplok
  • Lehman's derivative portfolio : a Chapter 11 perspective / Stephen J. Lubben
  • Lessons from Lehman : forcing a settlement of substantive consolidation / Thomas Moers Mayer and Daniel M. Eggermann
  • Lehman Brothers and equitable subordination in cross-border proceedings / Harrison L. Denman
  • How has English law coped with the Lehman collapse? / The Right Honourable Lord Justice Briggs
  • Extended liens / Hamish Anderson
  • The management and distribution of LBIE's client assets / David Ereira
  • Lessons of LBIE : reuse and rehypothecation / Joanna Benjamin
  • The English law treatment of Lehman's derivatives positions / Simon Firth
  • The scope and application of the anti-deprivation rule / Sarah Worthington
  • The use of a composition plan as a valuation and distribution framework / Dennis Faber, Frédéric Verhoeven, and Niels Vermunt
  • The valuation of LBT notes : an application of Dutch insolvency law / Dennis Faber, Niels Vermunt, Gareth Davies, and Mark Helmantel
  • Derivatives in cross-border insolvency proceedings / Francisco Garcimartín.
"This new book analyses the legal and practical issues experienced during the Lehman Brothers litigation, the largest and most complex bankruptcy proceedings in history. By examining the issues the work provides a useful reference source for future large scale and cross-border bankruptcy proceedings of multinational groups. The author team includes experts from the various jurisdictions in which Lehman Brothers was operative, many of whom were involved in the litigation. The authors set out practical solutions to the issues faced, concerning, for example, the use of existing payment and settlement systems for consent solicitation, and filing instructions and insolvency distributions. Economic challenges, such as the valuation of distressed financial instruments, are also considered. Additionally, the book provides a critique of the current law, analysis of the interpretation and scope of core legal principles and makes recommendations for regulatory reform and judicial cooperation.In this book first-hand accounts by key parties in the insolvency proceedings with expertise on the main issues are complemented by the views of selected independent experts to provide the first complete work on this ground-breaking litigation."-- Provided by publisher.
Law Library (Crown)
Book
lxxii, 571 pages ; 26 cm
  • General introduction: Some problems relating to the role of international law
  • International legal sources I : the United Nations conventions
  • International legal sources II : the United Nations Security Council resolutions
  • International legal sources III : FATF recommendations
  • International legal sources IV : the European Union and the Council of Europe
  • International legal sources V : the UN Security Council delisting procedure
  • Money laundering offences under POCA 2002
  • The terrorism acts and conspiracy
  • UK sanctions regimes
  • Regulatory responsibilities
  • The professions and financial crime
  • Claims arising under UK private law
  • Money had and received
  • Knowing receipt
  • Dishonest assistance
  • Deceit
  • Conspiracy
  • Investigations and remedies under POCA 2002
  • Anti-terrorism legislation
  • Judicial cooperation including obtaining evidence
  • Cooperation between the United States and the United Kingdom in the prevention and prosecution of financial crime
  • Extraterritorial application of US law
  • Virtual currencies, artificial intelligence, and emerging legal questions.
This thoroughly revised and updated new edition provides a practical guide for banks and their lawyers in respect of their regulatory responsibilities, their private law duties, their liabilities to third parties, and their obligations to assist persons seeking the recovery of assets (including regulatory bodies within and without the jurisdiction) as they relate to "tainted money". It also sets the law in its national and international policy context and pays particular attention to the international sources of the relevant law. It draws on the expertise of civil and criminal practitioners, public international lawyers, and overseas (in particular US) lawyers. The second edition addresses recent practice under the main international conventions, including the Sixth Session of the Conference of the Parties to the UN Convention against Transnational Organized Crime (October 2012) and the Fifth Session of the Conference of States Parties to the UN Convention against Corruption (November 2013). UN Security Council Resolutions, in particular resolution 1904 of 17 December 2009 which established the delisting ombudsperson (in response to criticism by national courts), have been considered. The book considers the work of international bodies such as the Financial Action Task Force and new primary legislation at domestic and European level, including the Fourth Money Laundering Directive. Additionally, decisions of the European Court of Human Rights, the Court of Justice of the European Union and national courts are analysed and explained. It also provides a further assessment of the extent to which there has emerged an international law of tainted money to complement the emergence of an international financial system. In a concluding chapter, it gives an overview of the emerging response of courts and regulators (national, EU, and international) to the challenges presented by new technologies such as Bitcoin and other virtual currencies.
(source: Nielsen Book Data)9780198716587 20170502
Law Library (Crown)

7. Barristers [2017]

Video
1 videodisc (150 min.) : sound, color ; 4 3/4 in. Sound: digital; optical. Digital: video file; DVD video.
A groundbreaking documentary series following some of the UK's leading legal minds. For the first time ever, cameras have access to the working of the British courts. Over fifteen months, they have unprecedented access to the barristers, their cases, and the courts system.
Law Library (Crown)
Book
xi, 222 pages ; 22 cm
  • Introduction / Professor Jeremy Cooper
  • Reflections of a retired Lord Chief Justice / Lord Judge
  • Reflections of a serving Lord Chief Justice / Lord Thomas of Cwmgiedd
  • Walking the tightrope of independence in a constitutionally illiterate world / Baroness Chakrabarti CBE
  • The embattled judge / Joshua Rozenberg QC
  • Judges and the modern media / Alan Rusbridger
  • Being a judge in the modern world : a view from the Caribbean / Mrs Justice Desirée Bernard
  • The new world of tribunals : a quiet revolution / Professor Jeremy Cooper
  • Reflections on the Tribunal Reform Project / Lord Carnwath of Notting Hill
  • Improving the delivery of justice in the shadow of the Magna Carta / Lord Justice Ryder
  • The modernization of access to justice in times of austerity / Lord Justice Ryder
  • The centrality of justice : its contributions to society and its delivery / Lord Thomas Cwmgiedd
  • Judicial indepedence in a changing constitutional landscape / Lord Thomas Cwmgiedd
  • How diverse are judges / Lady Hale of Richmond
  • Should judges make law? / Lord Justice Laws.
"The role of the judiciary is constantly evolving and is in many ways more important than ever. Indeed, many argue that the sovereignty of parliament is eroding and being replaced by the respective power of judges. The Jackson Reforms of 2010, for example, saw judges bestowed with more power over case and budget management than ever before. Equally, courtrooms are transforming under the weight of technological innovation and the increasing presence of litigants in person. Stemming from a series of lectures arranged by the Judicial College on the theme of 'Being a Judge in the Modern World', this book provides a survey of many significant aspects of the modern judicial role. With contributions from some of the most senior judges in the UK and beyond, this collection provides...insight into the development of the legal system and the challenges faced by today's judiciary. Additional contributions from the realms of journalism and civil liberties offer an external perspective and provide a wider context to the judicial voices."-- Back cover.
Law Library (Crown)
Book
viii, 210 pages : illustration ; 24 cm
  • Contents and Abstracts1A Crisis in Search of a Villain chapter abstractThe book begins by placing the Madoff case in its socio-historical context amidst the 2008 crisis in the US and the UK. Causes and consequences of the crisis are briefly described, and how it overlapped in time with the exposure of Madoff's Ponzi. The author demonstrates how extensively in media coverage the case was conflated with the crisis. A main argument of the book is offered here: Madoff became a vehicle through which issues related to crisis could be explored and contested. The chapter also briefly discusses the author's mixed qualitative methodology, involving open-ended interviews and content analysis. It reviews the literature on white collar crime and how this book builds on and extends this literature. Brief summaries of all book chapters are provided. 2Out of the Business Section, Into the Front Pages chapter abstractThis chapter discusses the media frames that allowed the Madoff Ponzi to seize international attention. The scam involved a single, comparatively simple crime, one that exemplified the dark side of British and American individualistic ambitions. Surrounding the crime was a family drama of epic proportions. And tens of billions of dollars were at stake: a tale-worthy sum. Additionally, the case involved victims from both celebrity/elite strata as well as the everyman and everywoman. Finally, there was an ethnic/religious dimension to Madoff's affinity scheme that disproportionately affected those in the Jewish community. The author demonstrates that these frames provided a familiar storytelling scaffold that appealed to a wide audience and enabled Madoff's case to become a focal point for discussion of the more difficult, abstract issues related to the financial crisis. 3Sleeping Watchdogs: Blaming the Regulators chapter abstractThis chapter presents the controversies about government financial regulation that emerged through the Madoff case. We learn through the interwoven narratives of reporters, editors, and diverse media content how the public viewed the role of regulation. It is argued here that the narrative of "SEC failure, " or "US regulatory failure" was by far the dominant narrative. Larger, systemic problems in the industry, as well as cultural issues on Wall Street were subjected to less scrutiny. In this chapter, Bernie Madoff's reactions to the SEC controversy and debate about the role of regulation are also presented. He is placed in dialogue, as it were, with the voices of the public as expressed by the reporters and dominant media narratives. 4It's How You're Rich That Matters: Narratives of the Haves, the Have Nots, and Have Lots chapter abstractChapter 4 addresses narratives about social inequality that emerged through the Madoff case. Class resentment and schadenfraude about the losses of wealthy victims were evident in media coverage. Inequalities in the treatment of "street" offenders versus white collar offenders were also highlighted. The chapter argues that this focused public anger displaced an underlying anger about the financial crisis, an anger that had no other identifiable targets. The author explores the public's loss of faith in the myths of meritocracy and the American Dream, the promise that hard work and innovation were the foundations of fortune. Madoff draws attention to the greed of his wealthy clients, their complicity in his scheme, their awareness, and their culpability. 5Boil Him in Oil: Cracking Down on Wall Street through Madoff chapter abstractThe Madoff saga, culminating in the man's imprisonment, seemed to provide public catharsis and closure despite the unaddressed systemic problems. Madoff offers his own thoughts about his punishment versus the apparent immunity of HSBC and international banks for their financial crimes. He reflects on his own sense of guilt and his experiences in prison. 6The More Things Change, the More They Remain the Same? chapter abstractThe concluding chapter addresses the longterm impact of the Madoff case on the economy, society, and culture. It argues that the anger about wealth disparities that the Madoff case brought to the forefront helped give rise to the Occupy Movement and the populist surges of the 2016 US election and Brexit. Nevertheless, the foundational capitalist ideology persists, and it continues to reward the excessive risk-taking that leads to Ponzi and other white collar crime, as Madoff testifies. The book exhorts researchers to discover the full import and impact of white collar crime on its victims, and offers suggestions for future research.
  • (source: Nielsen Book Data)9781503602724 20170807
Bernie Madoff's arrest could not have come at a more darkly poetic moment. Economic upheaval had plunged America into a horrid recession. Then, on December 11, 2008, Madoff's $65 billion Ponzi scheme came to light. A father turned in by his sons; a son who took his own life; another son dying and estranged from his father; a woman at the center of a storm-Madoff's story was a media magnet, voraciously consumed by a justice-seeking public. Bernie Madoff and the Crisis goes beyond purely investigative accounts to examine how and why Madoff became the epicenter of public fury and titillation. Rooting her argument in critical sociology, Colleen P. Eren analyzes media coverage of this landmark case alongside original interviews with dozens of journalists and editors involved in the reportage, the SEC Director of Public Affairs, and Bernie Madoff himself. Turning the mirror back onto society, Eren locates Madoff within a broader reckoning about free market capitalism. She argues that our ideological and cultural tendencies to attribute blame to individuals-be they regulators, victims, or "monsters" like Madoff-distracts us from more systemic critiques. Bernie Madoff and the Crisis offers fresh insight into the 2008 crisis, whether we have come to terms with it, and what we have yet to gain from the case of the century.
(source: Nielsen Book Data)9781503602724 20170807
Law Library (Crown)
Book
89 pages ; 24 cm.
  • Monstrous negotiations
  • Monstrous citizenships
  • Citizens and their monstrous families
  • Monstrous fears.
This book examines the result of the 23 June 2016 UK referendum on leaving the EU where 51.9% of the eligible voters who voted chose to leave. Politicians and media have stressed not only that leave means leave, but also that much of the British voting public was motivated to vote leave by issues of immigration and border control. Guild investigates how the issue of EU citizenship became transformed into a discussion about immigration through four themes: the negotiations between the UK and the EU before the referendum; the nature of and difference between British and EU citizenship; the issue of third country national family members and the fears incited by the referendum in light of the rejection of expertise.
(source: Nielsen Book Data)9789004340886 20170403
Law Library (Crown)
The result of the UK referendum in June 2016 on membership of the European Union had immediate repercussions across the UK, the EU and internationally. As the dust begins to settle, attention is now naturally drawn to understanding why this momentous decision came about and how and when the UK will leave the EU. What are the options for the new legal settlements between the UK and the EU? What will happen to the current political landscape within the United Kingdom in the time up to and including its exit from the EU? What about legal and political life after Brexit? Within a series of short essays, Brexit Time explores and contextualises each stage of Brexit in turn: pre-referendum; the result; the process of withdrawal; rethinking EU relations; and post-Brexit. During a time of intense speculation and commentary, this book offers an indispensable guide to the key issues surrounding a historic event and its uncertain aftermath.
Law Library (Crown)
Book
xi, 340 pages ; 25 cm
  • A perfect man
  • Censuses, taxation and war
  • A hazy snapshot from the air
  • The first modern census
  • Seamstresses, prostitutes, billiard-markers and footballers
  • Lathes and rapes
  • Two parrots, one canary and innumerable mice
  • The British babel
  • A nation of emigrants
  • Aliens
  • Empire
  • Great War
  • The fractured kingdom
  • Depression
  • Welcome home.
At the beginning of each decade for 200 years the national census has presented a self-portrait of the British Isles. The census has surveyed Britain from the Napoleonic wars to the age of the internet, through the agricultural and industrial revolutions, possession of the biggest empire on earth and the devastation of the 20th century's two world wars. In The Butcher, the Baker, the Candlestick Maker, Roger Hutchinson looks at every census between the first in 1801 and the latest in 2011. He uses this much-loved resource of family historians to paint a vivid picture of a society experiencing unprecedented changes. Hutchinson explores the controversial creation of the British census. He follows its development from a head-count of the population conducted by clerks with quill pens, to a computerised survey which is designed to discover 'the address, place of birth, religion, marital status, ability to speak English and self-perceived national identity of every twenty-seven-year-old Welsh-speaking Sikh metalworker living in Swansea'. All human life is here, from prime ministers to peasants and paupers, from Irish rebels to English patriots, from the last native speakers of Cornish to the first professional footballers, from communities of prostitutes to individuals called 'abecedarians' who made a living from teaching the alphabet. The Butcher, the Baker, the Candlestick Maker is as original and unique as those people and their islands on the cutting edge of Europe.
(source: Nielsen Book Data)9781408707012 20170321
Law Library (Crown)
Book
xv, 465 pages : maps ; 23 cm.
  • Prologue
  • Contexts and perspectives
  • Marriage, fame and shame
  • 'Bawdy courts' in rural society before 1530
  • Urban aspirations : pre-reformation provincial towns
  • Stews-side? : Westminster, Southwark and the London suburbs
  • London Church courts before the Reformation
  • Civic moralism in Yorkist and early Tudor London
  • Sex and the celibate clergy
  • Reform and Reformation, 1530-58
  • Towards the New Jerusalem? : Reformation of sexual manners in provincial society, 1558-80
  • Brought into Bridewell : sex police in early Elizabethan London
  • Regulating sex in late Elizabethan times : retrospect and prospect.
How was the law used to control sex in Tudor England? What were the differences between secular and religious practice? This major study reveals that - contrary to what historians have often supposed - in pre-Reformation England both ecclesiastical and secular (especially urban) courts were already highly active in regulating sex. They not only enforced clerical celibacy and sought to combat prostitution but also restrained the pre- and extramarital sexual activities of laypeople more generally. Initially destabilising, the religious and institutional changes of 1530-60 eventually led to important new developments that tightened the regime further. There were striking innovations in the use of shaming punishments in provincial towns and experiments in the practice of public penance in the church courts, while Bridewell transformed the situation in London. Allowing the clergy to marry was a milestone of a different sort. Together these changes contributed to a marked shift in the moral climate by 1600.
(source: Nielsen Book Data)9781316631737 20170626
Law Library (Crown)
Book
pages cm.
"When Henry Vizetelly was imprisoned in 1889 for publishing the novels of Émile Zola in English, the problem was not just Zola's French candour about sex--it was that Vizetelly's books were cheap, and ordinary people could read them. Censored exposes the role that power plays in censorship. In twenty-five chapters focusing on a wide range of texts, including the Bible, slave narratives, modernist classics, comic books, and Chicana/o literature, Matthew Fellion and Katherine Inglis chart the forces that have driven censorship in the United Kingdom and the United States for over six hundred years, from fears of civil unrest and corruptible youth to the oppression of various groups--religious and political dissidents, same-sex lovers, the working class, immigrants, women, racialized people, and those who have been incarcerated or enslaved. The authors also consider the weight of speech, and when restraints might be justified. Rich with illustrations that bring to life the personalities and the books that feature in its stories, Censored takes readers behind the scenes into the courtroom battles, legislative debates, public campaigns, and private exchanges that have shaped the course of literature. A vital reminder that the freedom of speech has always been fragile and never enjoyed equally by all, Censored offers lessons from the past to guard against threats to literature in a new political era."-- Provided by publisher.
Law Library (Crown)
Book
xv, 330 pages : illustrations ; 24 cm
  • Introduction : an age of rights
  • Decent citizens and agitators : civil liberties activism in the 1930s
  • From civil liberties to human rights : British civil liberties activism and universal human rights
  • The progressive professionals : civil liberties and the politics of activism in the 1960s
  • From progressive to radical : the 1970s and a crisis of civil liberties
  • The road to freedom? Civil liberties, Human rights and the evolution of the NGO in the age of Thatcher
  • The politics of vigilance : human rights and civil liberties activism during and beyond the Age of New Labour.
"The National Council for Civil Liberties (NCCL) was formed in the 1930s against a backdrop of fascism and "popular front" movements. In this volatile political atmosphere, the aim of the NCCL was to ensure that civil liberties were a central component of political discourse. Chris Moores's new study shows how the NCCL - now Liberty - had to balance the interests of extremist allies with the desire to become a respectable force campaigning for human rights and civil liberties. From new social movements of the 1960s and 70s to the formation of the Human Rights Act in 1998, this study traces the NCCL's development over the last eighty years. It enables us to observe shifts and continuities in forms of political mobilization throughout the twentieth century, changes in discourse about extensions and retreats of freedoms as well as the theoretical conceptualization and practical protection of rights and liberties"-- Provided by publisher.
Law Library (Crown)
Book
vciv, 1261 pages ; 24 cm
  • Concepts and classes
  • Acts of Parliament
  • Subordinate legislation
  • Devolved legislation
  • Primary legislation
  • Subordinate legislation
  • Devolved legislation
  • Drafting of legislation
  • Access to legislation
  • Timing
  • Extent and application
  • Statutory rights, powers and duties
  • Statutory corporations
  • Effect on other law
  • Errors in legislation
  • Introduction to statutory interpretation
  • The cardinal rule : construction according to plain meaning
  • Literal or purposive interpretation
  • Rebuttable presumptions of construction
  • Other canons and principles of construction
  • Expressions which change meaning over time
  • The Interpretation Act 1978
  • Other general interpretation provisions
  • Other specific interpretation provisions
  • Section 3 of the Human Rights Act 1998
  • Use of parts of legislation other than text for construction
  • Use of extraneous materials in constructing legislation
  • The rule in Pepper v Hart
  • Interpretation of special kinds of legislation
  • European legislation
  • Nature of European Legislation
  • The legislative process
  • Effect and interpretation
  • Appendix. Extracts and appendices.
y The volume and complexity of legislation, the establishment of the devolved legislatures, the influence of the European Union and use of secondary legislation all make it increasingly difficult for practitioners to know how to follow and apply, and sometimes challenge, the legislation that is relevant to their clients in every area of the law. Craies on Legislation is a practitioner?s guide to the nature, process, effect and interpretation of legislation. Key Features: Provides detailed guidance on assessing legislative intention and is a key reference tool for lawyers who have to administer, advise, argue or adjudicate on Acts of Parliament and statutory instruments Looks at the nature of legislation, the legislation process, the effect of legislation, the interpretation of legislation. Provides answers to the difficult questions often faced when interpreting a piece of legislation Addresses the practical problems that are likely to occur to the users of legislation rather than academic concerns.
(source: Nielsen Book Data)9780414057203 20170821
Law Library (Crown)
Book
xxxiv, 213 pages ; 24 cm.
  • Introduction
  • Crimes of evasion : history and theory
  • Avoidance and evasion
  • Criminal evasion of duties and taxes
  • Investigation and prosecution structures
  • Investigatory powers
  • Prosecution and its alternatives
  • The international element
  • Problems at the intersection of tax and criminal law
  • Should alleged tax evaders be prosecuted?
The fallout from the financial crisis of 2007-8, HSBC Suisse in 2015, and the Panama Papers in 2016 has generated calls for far more vigorous and punitive responses to tax evasion and greater international co-operation against mechanisms for giving anonymity to the ownership of property. One mechanism to ensure compliance is the use of the criminal justice system. The announcement in 2013 by the then Director of Public Prosecutions, Keir Starmer, of a policy of increasing rates of prosecution for tax evasion raised squarely the issue of whether increased involvement of criminal law and criminal justice in tax evasion would be justifiable or not. The relationship between tax evasion and the proceeds of crime is taking on increasing importance: treating the 'proceeds of criminal tax evasion' as falling within the 'proceeds of crime' regime inevitably expands the scope of both. In this book, Peter Alldridge considers the development of the offences and the relationship between tax evasion offences and other criminal offences; the relevant rules of evidence; prosecution structures, decision-making processes, and alternatives to prosecution. Specific topics include offshore evasion and the relationship of tax evasion with other crimes and aspects of the criminal justice system. A topical and lively discussion of a heated debate.
(source: Nielsen Book Data)9780198755838 20170508
Law Library (Crown)
Book
xxiv, 200 pages ; 24 cm
  • Introduction: Participatory requirements and rights
  • The aims and values of the criminal process
  • Characterising criminal procedure
  • Defendant participation
  • The privilege against self-incrimination
  • The right to silence
  • Disclosure
  • Participation and the future of criminal procedure.
Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant's role as a participant in the criminal process and the ramifications of penalising a defendant's non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant's duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.
(source: Nielsen Book Data)9781138019577 20170814
Law Library (Crown)
Book
xvi, 308 pages ; 25 cm
  • Introduction
  • The problem with control
  • Democratic dialogue and the dynamic approach
  • Re-defining democratic dialogue
  • Inter-institutional interactions
  • From inter-institutional interactions to democratic dialogue
  • Democratic dialogue and the UK Constitution
  • Democratic dialogue and UK human rights law
  • Dialogue between courts
  • Conclusion.
Constitutions divide into those that provide for a constitutionally protected set of rights, where courts can strike down legislation, and those where rights are protected predominantly by parliament, where courts can interpret legislation to protect rights, but cannot strike down legislation. The UK's Human Rights Act 1998 is regarded as an example of a commonwealth model of rights protections. It is justified as a new form of protection of rights which promotes dialogue between the legislature and the courts - dialogue being seen not just as a better means of protecting rights, but as a new form of constitutionalism occupying a middle ground between legal and political constitutionalism. This book argues that there is no clear middle ground for dialogue to occupy, with most theories of legal and political constitutionalism combining legal and political protections, as well as providing an account of interactions between the legislature and the judiciary. Nevertheless, dialogue has a role to play. It differs from legal and political constitutionalism in terms of the assumptions on which it is based and the questions it asks. It focuses on analysing mechanisms of inter-institutional interactions, and assessing when these interactions can provide a better protection of rights, facilitate deliberation, engage citizens, and act as an effective check and balance between institutions of the constitution. This book evaluates dialogue in the UK constitution, assessing the protection of human rights through the Human Rights Act 1998, the common law, and EU law. It also evaluates court-court dialogue between the UK court, the European Court of Justice, and the European Court of Human Rights. The conclusion evaluates the implications of the proposed British Bill of Rights and the referendum decision to leave the European Union.
(source: Nielsen Book Data)9780198783749 20170418
Law Library (Crown)
Book
xxiv, 223 pages : illustrations ; 24 cm
  • Stigma
  • Legal protection from discrimination
  • Stigma and litigation
  • The anti-stigma principle
  • Public action to combat discrimination
  • Stigma, synergy and intersectionality
  • Legal protection against "fattism"
  • Tattoos : beyond anti-discrimination law?
This monograph reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an 'anti-stigma principle', promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as European law.
(source: Nielsen Book Data)9781849467384 20170321
Law Library (Crown)