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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 (black and white) ; 23 cm
Law Library (Crown)
Book
lxxii, 571 pages ; 26 cm
Law Library (Crown)
Book
pages cm
  • A crisis in search of a villain
  • Out of the business section, into the front pages
  • Sleeping watchdogs : blaming the regulators
  • It's how you're rich that matters : narratives of the haves, have nots, and have lots
  • Boil him in oil : cracking down on Wall Street through Madoff
  • The more things change, the more they remain the same?
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."-- Back cover.
Law Library (Crown)
Book
xi, 340 pages ; 25 cm
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
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)
Book
xiv, 339 pages : illustrations, forms ; 30 cm
  • Legal landscape
  • Clearer rules
  • Better guidance and enforcement by the court
  • The general enforcement application
  • Allocation of enforcement proceedings
  • Information about the debtor
  • Information requests and information orders
  • Pensions
  • Third party debt orders
  • Orders for sale and charging orders
  • Coercive orders
  • Permission to enforce and power to remit arrears
  • Streamlining : third party debt orders and chargin orders
  • Judgment summons
  • Costs
  • Bankruptcy
  • Thinking ahead to enforcement
  • Alternative dispute resolution
  • The enforcement practice direction
  • List of recommendations.
"Each year thousands of separating couples apply to the courts for financial orders. Sometimes these orders are not complied with. The law of enforcement of family financial orders is a complicated area, contained in a range of legislation and court rules. It can then be difficult for parties, particularly litigants in person, to recover the money they are owed. This can lead to significant hardship both for the parties and for their children. The key aim of this project is to make this difficult area of law more effective, efficient and accessible, and to strike a fairer balance between the interests of both parties. To this end, the Law Commission recommends wide-ranging reform of the law of enforcement of family financial orders."-- Publisher website.
Law Library (Crown)
Book
ci, 1143 pages ; 26 cm
  • An introduction to the nature of rights and liberties
  • The European Convention on Human Rights
  • Methods of protecting civil liberties and human rights in the UK aside from the Human Rights Act
  • The Human Rights Act
  • Principles of equality
  • Restraining freedom of expression under the law of contempt
  • Offensive speech
  • Official secrecy; access to state information
  • Freedom of protest and assembly
  • Private information and media freedom
  • State surveillance
  • Police powers of stop, search, arrest, detention
  • Police questioning and safeguards for suspects
  • Redress for police malpractice
  • Anti-terrorism law and human rights.
"More than merely describing the evolution of human rights and civil liberties law, this...textbook provides students with...coverage of the most crucial developments in the field, clearly explaining the law in context and practice. Updated throughout for this new edition, [the author] considers a number of recent major changes in the law, in particular proposals to replace the Human Rights Act with a British Bill of Rights, and the Counter-Terrorism and Security Act 2015, whilst also contextualising the impact of reforms on hate speech and contempt due to advances in new media."-- Provided by publisher.
Law Library (Crown)
Book
lxiii, 549 pages ; 26 cm
  • Regulating information technologies
  • Regulatory competence over the internet
  • Intermediaries within online regulation
  • Copyright and the internet
  • Domain names
  • Electronic commerce
  • Cybercrime
  • Content crimes
  • Privacy and data protection
  • Surveillance, data retention, and encryption
  • Intellectual property rights in software
  • Software licences, free and open source licensing (F/OSS), and 'software as a service' (SaaS).
The fifth edition of Information Technology Law continues to be dedicated to a detailed analysis of and commentary on the latest developments within this burgeoning field of law. It provides an essential read for all those interested in the interface between law and technology and the effect of new technological developments on the law. The contents have been restructured and the reordering of the chapters provides a coherent flow to the subject matter. Criminal law issues are now dealt with in two separate chapters to enable a more focused approach to content crime. The new edition contains both a significant amount of incremental change as well as substantial new material and, where possible, case studies have been used to illustrate significant issues. In particular, new additions include: * Social media and the criminal law; * The impact of the decision in Google Spain and the 'right to be forgotten'; * The Schrems case and the demise of the Safe Harbour agreement; * The judicial reassessment of the proportionality of ICT surveillance powers within the UK and EU post the Madrid bombings; * The expansion of the ICANN gTLDs and the redesigned domain name registration and dispute resolution processes.
(source: Nielsen Book Data)9780415870160 20170321
Law Library (Crown)
Book
xiv, 147 pages ; 25 cm
  • Introduction
  • Philosophical hermeneutics
  • The ultra vires theory and the common law theory of judicial review
  • Themes of the debate
  • Immanent critique and the theories of judicial review
  • The principle of parliamentary sovereignty
  • The constitutional legitimacy of judicial review.
In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts' jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent. This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts' judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy - and, in turn, the relationship between Parliament and the courts - is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories. This book will be of great interest to students and scholars of UK public law.
(source: Nielsen Book Data)9781138856011 20160830
Law Library (Crown)
Book
ix, 260 pages ; 24 cm
  • Money laundering
  • Terrorist financing
  • Fraud
  • Insider dealing
  • Market abuse
  • Bribery and corruption
  • The avoidance and evasion of tax.
Outlining the different types of financial crime and their impact, this book is a user-friendly, up-to-date guide to the regulatory processes, systems and legislation which exist in the UK. Each chapter has a similar structure and covers individual financial crimes including money laundering, terrorist financing, fraud, insider dealing, market abuse, bribery and corruption and finally tax avoidance and evasion. Offences are summarized and their extent is evaluated using national and international documents. Detailed assessments of financial institutions and regulatory bodies are made and the achievements of these institutions are analysed. Sentencing and policy options for different financial crimes are included and suggestions are made as to how criminal proceeds might be recovered. This second edition has been fully updated and includes a section on cybercrime and a new chapter on tax evasion. Case summaries have also been included in those chapters where a criminal justice route is used by the prosecuting authorities.
(source: Nielsen Book Data)9781472464255 20170321
Law Library (Crown)
Book
xx, 252 pages ; 24 cm
  • Introduction
  • Historical overview
  • Liberty and equality
  • The rule of law
  • Access to justice
  • Right of resistance
  • Life, security, detention, torture, liberty, and villeinage
  • Property, taxation, elections, work, and slavery
  • Freedom of expression
  • Private and family life, home and correspondence
  • Conscience, religion, association, assembly, petition, and duties
  • Sovereignty and revolution
  • Functions of rights
  • Limits to legislation
  • The future of British rights.
What are the connections between conceptions of rights found in English law and those found in bills of rights around the World? How has English Common Law influenced the Universal Declaration of Human Rights (UDHR) 1948 and the European Convention on Human Rights (ECHR) 1950? These questions and more are answered in Michael Tugendhat's historical account of human rights from the eighteenth century to present day. Focusing specifically on the first modern declarations of the rights of mankind- the 'Virginian Declaration of Rights', 1776, the French 'Declaration of the Rights of Man and of the Citizen', 1789, and the 'United States Bill of Rights', 1791- the book recognises that the human rights documented in these declarations of the eighteenth century were already enshrined in English common law, many originating from English law and politics of the fifteenth century. The influence of English Common Law , taken largely from Blackstone's Commentaries on the Laws of England, can also be realised in the British revolutions of 1642 and 1688; the American and French Revolutions of 1776 and 1789 respectively; and through them, on the UDHR and ECHR. Moreover, Tugendhat argues that British law, in all but a few instances, either meets or exceeds human rights standards, and thus demonstrates that human rights law is British law and not a recent invention imported from abroad. Structured in three sections, this volume (I) provides a brief history of human rights; (II) examines the rights found in the American and French declarations and demonstrates their ancestry with English law; and (III) discusses the functions of rights and how they have been, and are, put to use.
(source: Nielsen Book Data)9780198790990 20170327
Law Library (Crown)
Book
x, 227 pages ; 24 cm
Law Library (Crown)
Book
x, 196 pages ; 25 cm
  • Public health
  • Public health, philosophy, and ethics
  • The evolution of public health law and regulation
  • Defining the scope of public health law
  • Private law and public health
  • Criminal law and public health
  • Public law and public health
  • European Union law, international law, and public health
  • Policy, self-regulation, and governance for public health
  • Law and public health : future directions.
Public health activity, and the state's public health responsibilities to assure the conditions in which people can be healthy, can only be achieved through different means of social coordination. This places law and regulation at the heart of public health. They are fundamental both to methods of achieving public health goals, and to constraints that may be put on public health activity. As such, trainees, practitioners, and leaders in public health need to understand the breadth and nature of wide-ranging legal and regulatory approaches, and the place of ethics in public health. Public Health Law, written by three leading scholars in the field, defines and examines this crucial area of study and practice. It advances an agenda whose scope extends far beyond that covered in traditional medical law and health care law texts. The authors provide an account of the scale of contemporary public health policy and practice, explain its philosophical depths and implications, and its long legislative and regulatory history. They advance a definition of the field, and explore how different legal approaches may serve and advance or constrain and delimit public health agendas. This ground-breaking book presents the field of public health ethics and law, and goes on to examine the impact within the UK of private law, criminal law, public law, EU and international law, and 'softer' regulatory approaches. It is a primary point of reference for scholars, practitioners, and leaders working in public health, particularly those with an interest in law, policy and ethics.
(source: Nielsen Book Data)9781138790780 20170313
Law Library (Crown)
Book
xv, 232 pages ; 24 cm.
  • United Kingdom : part I : the journey to unfair dismissal law
  • United Kingdom : part II : the evolution and erosion of unfair dismissal law
  • Australia : part I : the journey to unfair dismissal law
  • Australia : part II : the evolution and erosion of unfair dismissal law
  • United States of America : part I : the origins of employment at will
  • United States of America : part II : the evolution and erosion of employment at will.
This book critically examines the proper role of the law in protecting job security in the contemporary workplace. It provides a historical, theoretical, practical and comparative perspective on this under-researched, but fundamentally important, legal mechanism at a time when the pressure to deregulate and dilute worker-protective laws has taken on increased importance. The volume critically analyses both statute and case law from three advanced industrialised liberal democracies with a common law foundation, the UK, Australia and the USA, to understand the extent to which job security is realised. By applying a common approach and a conceptual framework that emphasises the complex relationships between law, the economy and society to analyse a series of national studies, the book is also designed to draw upon the insights of comparative analysis to deepen our understanding of the limits and possibilities of legal regulation of job security. The national case studies are supplemented by research that focuses on how supra-national organisations have sought both to develop and disseminate new legal norms around the practices and processes of dismissal. This study critically analyses and assesses the adequacy of the international regulatory framework for protecting the rights of employees in the dismissal process.
(source: Nielsen Book Data)9781472450579 20170213
Law Library (Crown)
Book
xviii, 232 pages ; 24 cm
  • The right of silence : a benchmark of justice?
  • The right of silence : a crime control target?
  • Police custody, cop culture and the caution
  • A 'fundamental dilemma' : the undermining of legal representation at the police station
  • Silence in court.
Within an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, empirically based analysis of the effects of curtailing the right to silence. The right to silence has served as the practical expression of the principles that an individual was to be considered innocent until proven guilty, and that it was for the prosecution to establish guilt. In 1791, the Fifth Amendment to the US Constitution proclaimed that none 'shall be compelled in any criminal case to be a witness against himself'. In more recent times, the privilege against self-incrimination has been a founding principle for the International Criminal Court, the new South African constitution and the Ad hoc International Criminal Tribunals for Rwanda and the former Yugoslavia. Despite this pedigree, over the past 30 years when governments have felt under pressure to combat crime or terrorism, the right to silence has been reconsidered (as in Australia), curtailed (in most of the United Kingdom) or circumvented (by the creation of the military tribunals to try the Guantanamo detainees). The analysis here focuses upon the effects of the Criminal Justice and Public Order Act 1994 in England and Wales. There, curtailing the right to silence was advocated in terms of 'common sense' policy-making and was achieved by an eclectic borrowing of concepts and policies from other jurisdictions. The implications of curtailing this right are here explored in detail with reference to the UK, but within a comparative context that examines how different 'types' of legal systems regard the right to silence and the effects of constitutional protection.
(source: Nielsen Book Data)9780415547710 20170313
Law Library (Crown)
Book
vi, 222 pages ; 25 cm.
  • The sharia councils, the women, and some methodological concerns
  • The question of authority
  • The women in context : the web of power
  • Tactics of power.
The public debate on Shari'a councils in Britain has been heavily influenced by the assumption that the councils exist as religious authorities and that those who use them exercise their right to religious freedom. In Shari'a Councils and Muslim Women in Britain Tanya Walker draws on extensive fieldwork from over 100 cases to argue for a radically different understanding of the setting and dynamics of the Shari'a councils. The analysis highlights the pragmatic manoeuvrings of Muslim women, in pursuit of defined objectives, within limited space - holding in tension both the constraints of particular frameworks of power, and the realities of women's agency. Despite this needed nuance in a polarised debate however, important questions about the rights of Muslim women remain.
(source: Nielsen Book Data)9789004316089 20170206
Law Library (Crown)