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Barkow R: Justice Abandoned

Justice Abandoned

How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration

Anthem Environment and Sustainability Initiative

This book considers the value of constitutional environmental rights in protecting water resources through an examination of the legal strategies utilized by communities engaged in protracted mining conflicts, including oil sands development in the Canadian boreal forest and gold mining in ecologically sensitive, glacier-rich areas of Argentina.

Water, Oil and Gold

The Power of Constitutional Rights in Resource Conflicts

This book explores human vulnerability through the lens of natural law theory. Beginning with a detailed examination of natural law ethics, centred upon the virtues (Part One), it sets out the relationship between natural law and human vulnerability. To be human is to be vulnerable; but vulnerability must itself be understood by reference to the human goods that are the central concern of natural law ethics. Such goods lie at the heart of what it means to lead a flourishing life, but they are in no way certain: goods such as health, education, the family can all be perverted or taken away by human agency or the vicissitudes of life. Part Two poses the problem of how human beings and government can build resilience in the face of these vulnerabilities. Its main contention is that the central aims of vulnerability theory, including that of state responsiveness, are pre-figured in the social teachings of the Catholic Church. These teachings provide a compelling basis for the demand that the state be more responsive to social scourges such as poverty, crime, debt and dependency. Vulnerability theorists will benefit from a new perspective on the problems that are central to their analysis; natural law theorists will profit by an enrichment and extension of their central concerns.

Natural Law, Ethics and Human Vulnerability

Criminal Practice Series

Containing comprehensive coverage of recent changes, the book deals extensively with the Fraud Act 2006, going on to explain the particular types of fraud activity that are charged, from the everyday bread and butter work that most lawyers experience on a daily basis through to the more specialist areas such as Ponzi Fraud, Boiler room fraud, insider dealing and carbon credit fraud. This new edition is fully revised with key developments including: - The meaning of 'dishonesty' as clarified by the Supreme Court in respect of civil proceedings in Genting Casinos v Ivey [2017] UKSC 67 and subsequently in respect of criminal proceedings in Barton &amp; Booth [2020] EWCA Crim 575 - The dangers of instructing experts without sufficient expertise - Dismissal of applications following SFO v Barclays Plc [2018] EWHC 3055 - Attorney General's Guidelines on Disclosure 2022 - CPIA Code of Practice 2020 - Digital material and reasonable lines of enquiry This title is included in Bloomsbury Professional's Banking and Finance online service.

Fraud: A Practitioner's Handbook

Hart Studies in Constitutional Theory

This book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies. It does so on three main grounds: anachronism, 'othering' and cultural specificity. Main pillars of 'convergent constitutional theory' are rooted in the revolutionary, late-eighteenth century - a lost world; constitutional arrangements that deviate from the paradigm are often branded as 'outliers' or even as not constitutional at all; and the foundations of the paradigm in liberal democracy give no space for other forms of constitutionalism. Whatever the attractions of convergent theory as a normative ideal of good government, for the purposes of understanding, analysing and explaining constitutional systems it is far from ideal. This book discusses and questions: convergent theory's weddedness to writing as the technology of constitution-making; its image of a constitution as fundamental law; its idea that a constitution expresses the 'sovereignty of the people'; its use of tripartite separation of powers as the basic principle of institutional design; its relative neglect of administrative law; its association of 'rights' with judicially enforceable bills of rights; and its obsession with a vaguely specified concept of 'democracy'. It makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems.

The Distorting Lens of Convergent Constitutional Theory

A riveting account of how the US criminal legal system punishes millions without conviction--asking us to rethink the freedoms we give up for the illusion of safety.Every encounter with the criminal legal system, from a traffic stop to a day in jail, carries a human cost. This cost rests on a fragile bargain at the heart of our democracy: we give the government power in exchange for protection. But how much of our liberty are we willing to surrender for the promise of safety? In Collateral Damage, attorneys Justin and Zach Brooks take readers on a devastating tour through the criminal legal system, exposing the real-life trade-offs of this false promise. Blending gripping personal stories with legal analysis, they trace the long arc of America's struggle between fear and freedom--from the Red Scare and Japanese American internment to the evolution of criminal procedure, civil forfeiture, and today's extrajudicial killings, offering pragmatic reforms along the way. The result is an eye-opening portrait of a system that punishes millions without ever sending them to prison and a powerful warning to rethink whether the balance we've struck truly reflects the values we claim to hold.

Sacrificing Liberty for Safety in Our Criminal Legal System

Collateral Damage

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation. This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights. Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.

Volume 2: Connections and Analysis

Constitutionally Conforming Interpretation - Comparative Perspectives

Studies in the History of Tax Law, Volume 12

The U.S. Constitution is silent about a right to privacy, yet the Supreme Court determined in the 1965 reproductive rights case Griswold v. Connecticut, that such a right is inferred from the Bill of Rights. The reasoning in the landmark case hinged on an unexpected word – penumbra. The Court concluded, in other words, that the unmentioned right to privacy resides in the shadows of the amendments. But this was not the first time penumbral imagery was used in legal writings, and its broader cultural usage dates back much further. Jared Schroeder's The Penumbra Problem provides a much-needed – and quite colorful – social and cultural history of the term. The penumbra concept, it turns out, wasn't an accidental choice but instead a well-selected term with centuries of transnational history. Schroeder tells its story through two intertwining narratives: first, how the word penumbra transcended its oblique scientific origins to become a distinct cultural concept; and, second, the parallel story of its evolving use in legal thought. The book tracks back and forth in time, creating an unexpected lineage of people and works who became unwitting champions of the penumbra concept, including mathematician Johannes Kepler, feminist activist Estelle Griswold, British thinker Robert Hooke, and lexicographer Noah Webster. Pairing these stories with the writings of great legal thinkers such as Willam Douglas and Oliver Wendell Holmes, Schroeder is able to construct a kind of etymological love letter to this obscure concept. Not everyone has supported the privacy precedent, though, and it is no exaggeration to say that it is in danger today. Schroeder's clever, utterly unique history is, at its core, a call to redouble efforts to save the right to privacy. He argues that we must understand its ponderous, indeed uncertain, origins to fully appreciate the precarity in which it exists today, and only then can we adequately fight for it.

The Rise and Fall of the Little-Known Word That Protects Our Privacy

The Penumbra Problem

Why the Legal Person Remains a Man

Manning the Law

This text offers a comprehensive and holistic overview of the criminal justice process from the commission of an offence to resettlement or community supervision and formal exit from the process. It is designed to give students and researchers a unique insight into the criminal justice system, with a key focus on issues faced by practitioners and the impact these issues have on decision making.

A Practical Introduction

The Criminal Justice Process

Hart Studies in European Criminal Law

This unique open access collection offers an in-depth understanding of UK-EU police and judicial cooperation post-Brexit, an under-explored field. It considers the legal and political operation of the Trade and Cooperation Agreement (TCA) and its implications for a wide number of policy areas. As well as critiquing its operation, contributors suggest reforms that would improve police and judicial cooperation between the UK and the EU. This scholarly discussion is balanced against practical considerations, with short chapters setting out practitioners' perspectives on the TCA. It ends by reflecting on lessons that non-EU countries seeking cooperation with the EU might learn. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com. Open access was funded by Northumbria University.

Implementing the Trade and Cooperation Agreement

Uk-EU Police and Judicial Cooperation Post-Brexit

Justice Abandoned

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