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George R: Wards of Court and the
Inherent Jurisdiction

Wards of Court and the Inherent Jurisdiction

Hart Studies in Comparative Public Law

This book explores the argumentative style of the supreme courts in the Nordic countries (Denmark, Iceland, Finland, Norway and Sweden). Its findings are based on empirical research involving 280 leading constitutional cases which demonstrate that the impact of a constitutional ruling often extends far beyond the cases actually adjudicated by the courts and that it is crucial to understand how judges justify their decisions in constitutional cases. In the cases researched, the authors identify and explain the common features of the Nordic constitutional reasoning, situating the Nordic experience within a broader comparative framework. The book compares these practices with those of non-Nordic jurisdictions, analysing whether and how the approaches of Nordic supreme courts align with each other and with global trends. This is made possible through the use of a well-established conceptual and methodological framework, adapted to the Nordic context. Key aspects of judicial reasoning are examined, including the emphasis placed on specific constitutional concepts, the use of non-legal arguments, the reliance on precedents, and the types of sources typically referenced - such as preparatory works, foreign legal materials, and academic writings. The book is aimed at anyone interested in the constitutional culture of the Nordic countries and informs normative debates on constitutional law, both in scientific and political discourse. It contributes to the global academic discourse on constitutional reasoning with a unique perspective from the Nordic countries, which have often been overlooked in comparative research.

An Empirical and Comparative Legal Perspective

Constitutional Reasoning in the Nordic Supreme Courts

Hart Monographs in Transnational and International Law

Why do some international courts wield broad authority while others face pushback or fade into irrelevance? This book provides novel theoretical and empirical insights into this question. It offers a fresh, interdisciplinary perspective on the authority of international courts, drawing from law, political science and behavioural research. It develops, in Part I, a theoretical model and analytical framework for assessing these questions. The model explains how authority relationships between courts and their audiences - such as states, NGOs, individual applicants, and domestic courts - are formed, maintained, or contested. In Part II, the book applies this analytical framework to in-depth case studies of two selected international courts: the European Court of Human Rights and the Court of Justice of the Economic Community of West African States. These studies not only provide deeper insights into the authority of these courts but also demonstrate how the analytical framework can be applied to other international courts to generate an enhanced understanding of international court authority. The book sheds new light on why some courts enjoy enduring authority and others face pushback, offering powerful tools for understanding the behaviour of international courts and their audiences.

A Behavioural Framework

The Authority of International Courts

Now fully revised and updated, The Indian Child Welfare Act Handbook, Fourth Edition is a one-of-a-kind guide to the Indian Child Welfare Act of 1978. The ICWA was enacted to ameliorate the problem of the massive removal of Native American children from their homes by both state welfare agencies and private agencies and to ensure that those children, once removed, would be placed in homes that reflect their cultures and traditions. This guide examines case law from courts around the country -- it is an issue not confined to reservations and their border towns.There have been many legal changes since publication of the Third Edition, which have significantly strengthened the ICWA and have led to an increased focus on the ICWA as an essential tool to protect Indian children, families, and tribes. These include the U.S. Supreme Court upholding the constitutionality of the ICWA in the case of Haaland v. Brackeen and a new total of 18 states enacting comprehensive state ICWA legislation. Case law in both the state and federal courts continues to evolve, and this edition examines hundreds of new decisions, including the first cases decided since the promulgation of ICWA regulations and 2016.The Indian Child Welfare Act Handbook continues to provide a comprehensive source to assist lawyers, social workers, counselors, and others whose professions and interests involve them with Native American children.Table of Contents: <ol><li>The Indian Child Welfare Act and Its Foundations</li><li>Applicability of the ICWA</li><li>Jurisdictional Provisions of the ICWA</li><li>Procedural Requirements of the ICWA</li><li>Placement Provisions of the ICWA</li><li>Collateral Challenges to ICWA Determinations</li><li>Funding of ICWA Programs</li><li>ICWA: 40 Years Later</li></ol><ul><li>Appendix A: The Indian Child Welfare Act</li><li>Appendix B: Code of Federal Regulations, Title 25 (Indians), Part 23</li><li>Appendix C: Guidelines for Implementing the Indian Child Welfare Act, December 2016 Table of Contents</li><li>Appendix D: State Codes and Court Rules Addressing Indian Child Welfare</li><li>Appendix E: Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs</li><li>Appendix F: Forms</li><li>Bibliography</li><li>Table of Cases</li><li>Index</li></ul>

A Legal Guide to the Custody and Adoption of Native American Children, Fourth Edition

The Indian Child Welfare ACT Handbook

Cambridge Studies in Law and Society

Grounded in legal ethnomethodology, this book explores terrorism trials in France. Drawing on extensive court ethnography, a multidisciplinary research team examines how terrorism logics are reflected, represented, and negotiated within criminal proceedings. Based on hundreds of hearing days - ranging from small terrorism criminal cases to the so-called trials for history, commonly known as the 'Charlie Hebdo' and the 'Bataclan' trials - this study offers a nuanced, bottom-up perspective on the role of courts. Through courtroom immersion, close observation of legal performances, and interviews with judicial actors, it investigates how justice is shaped in practice. Identifying three generations of trials, the book provides original insights into the evolving role of courts in terrorism cases. From an empirical and comparative perspective, it also seeks to make criminal trials more accessible to Anglophone readers, offering a deeper understanding of how terrorism is prosecuted in France, highlighting the role of judges, prosecutors, lawyers and victims.

An Ethnography of French Courts

Terror on Trial

This book offers a critical reconsideration of the theatrical nature of jurisdiction, as it examines how legal proceedings are regularly framed by or turned into a public spectacle.In legal cases, all those involved must play their parts, according to the rules, on a stage that is open to public scrutiny. As this book demonstrates, however, the affordances offered by new media, in a society spellbound by spectacle and embroiled in the polarization that accompanies it, can easily disrupt the theatrical nature of the court case. The book is divided into two parts. In Part 1, cases - from the Netherlands, the United States, Italy, Brazil, India, Germany, and Russia - show how populists, insurgents, corporations, and states play the judiciary by probing its limits or the rules of the game, often by twisting the proper intent of legal regulation or by formally making a farce of jurisdiction. In Part 2, the chapters deal with weaknesses in the theatrical nature of the judiciary in a time of spectacle. Here, the central issue is how the judiciary is threatened by dramatic forms of excess: forms that exceed the frame and stage of jurisdiction's own theatricality. Bringing cultural analysis and play studies in conversation with legal analysis and legal philosophy, the book shows how the theatrical nature of the judiciary is more and more challenged by the force of the spectacular, and with it a strategic and tactically malevolent play of powerful actors that fragments collective feelings for justice, and instrumentalizes the law in the service of particular interests.Law, Spectacle, and the Play of Jurisdiction will appeal to scholars and students in legal theory, law and literature, and others with relevant interests in politics, media, theatre and cultural studies.

Law, Spectacle, and the Play of Jurisdiction

Can you avoid any law you do not consent to? Can you avoid paying taxes by declaring yourself sovereign? Do courts operate under admiralty or maritime law? No. But welcome to the strange world of pseudolaw. This is the first-ever edited volume solely dedicated to examining pseudolaw and its most prominent adherents, sovereign citizens. Drawing on the expertise of judges, criminologists, legal theorists and political sociologists, this collection offers insights into the global growth and alarming adaptability of pseudolaw. While it might be tempting to laugh at the ridiculousness of pseudolaw, it is a serious matter. People who make these claims rob themselves of meaningful legal opportunities and impose great costs to themselves, the administration of justice, and the community. Pseudolaw is also linked to violent extremism and indicative of growing social insecurity. Part I offers ways to analyse and differentiate pseudolaw from other forms of conspiracy ideation and fringe legal interpretation. Part II examines the rise of sovereign citizens and the global spread of pseudolaw. Part III explores contemporary issues arising from pseudolaw, including the rise of far-right extremism, lay-persons in judicial proceedings, fake claims of indigeneity, and fraudulent 'get out of jail' schemes. It concludes by considering how we can respond to this phenomenon.

Pseudolaw and Sovereign Citizens

*A REESE WITHERSPOON BOOK CLUB SELECTION!* *AN INSTANT NEW YORK TIMES BESTSELLER* *NOW A MAJOR APPLE TV SERIES - The Last Thing He Told Me. Season Two, based on The First Time I Saw Him, out now!* Get ready to be gripped by the edge-of-your seat new mystery thriller and long-awaited follow-up to the bestselling Richard and Judy Book Club pick, The Last Thing He Told Me. 'I could not stop flipping the pages' Reese Witherspoon 'Out of this world... Five stars' Jennifer Garner 'Action-packed and deeply felt... incredible' Mary Kubica, bestselling author of Local Woman Missing ----------- HE DISAPPEARED. NOW HE'S BACK. AND THEY HAVE TO RUN. Five years ago, Hannah's husband Owen vanished without a trace, leaving Hannah and her stepdaughter Bailey to piece together a new life from the wreckage. When Hannah spots Owen at her Los Angeles exhibition - silent, watching - she knows immediately that the danger they once escaped has found them again. Then comes the message: 'GET OUT OF THE HOUSE. NOW' Hannah and Bailey are forced to go on the run in a relentless race to keep their past from catching up with them, pursued by enemies they cannot see and haunted by questions that have never been answered. Why has Owen returned? Who is hunting them? And can they finally uncover the truth before it destroys them all? ----------- Praise for Laura Dave and The First Time I Saw Him: 'Clever, compulsive and twisty as hell. Cancel all your plans before you start this one, I had to remind myself to breathe during the final, devastating pages' - CHRIS WHITAKER, bestselling author of All the Colours of the Dark 'Powerful, intense and beautifully observed' - T.M. LOGAN, bestselling author of The Holiday 'You won't want to miss this one' HARLAN COBEN, bestselling author of Think Twice 'A brilliant thriller' - JANE CASEY, bestselling author of the Detective Maeve Kerrigan series 'It's gripping, twisty, exhilarating, and utterly unputdownable. Five blazing stars from me!' 5-star reader review 'Wow, I couldn't put this book down!' 5-star reader review 'Oh my word. This much-anticipated book is everything I had hoped for and more' 5-star reader review 'This book has fantastic pacing and will keep you up all night' 5-star reader review 'Pure adrenaline' 5-star reader review 'A truly gripping psychological thriller!' 5-star reader review 'One of the best books I have read this year' 5-star reader review

The First Time I Saw Him

This book considers what kind of binding force judicial decisions (should) hold in modern societies. It focuses on the two most prominent legal traditions, common law and civil law. It explores the developing trend in civil law countries to expand the influence of judicial precedents, discusses the fundamental issues which arise from this trend, and looks at recent developments in common law countries. Through this prism, the book looks at the implications of the doctrine of judicial precedents and how it is construed in jurisdictions that recognise it. It investigates the impact of newly recognised legislative or quasi-legislative powers vested in high courts on the doctrine of separation of powers. It considers whether courts in common law and civil law systems share a uniform understanding of precedents. The book goes on to consider whether these developments are beneficial when it comes to addressing existing challenges or whether they lead to a host of new problems, potentially exacerbating the crisis of judicial legitimacy. In relation to the hierarchical nature of civil law justice systems, it asks whether binding rulings from higher courts pose a potential threat to substantive judicial independence, limiting the open and pluralistic dialogue between lower and higher courts. It then goes on to reflect whether binding opinions from the highest judicial instances encroach upon the prerogatives of legislative bodies, resulting in the creation of suboptimal laws.

Uniformity and Pluralism

Judicial Precedents

Elements of International Law

After the devastation of two world wars, Europe sought to prevent future conflict through new institutions-one of the most significant being the European Court of Human Rights. In this updated edition, Angelika Nussberger provides a comprehensive introduction to the Court, examining its mission, structure, procedures, and evolving jurisprudence. The book explores how the Court has become a cornerstone of modern international and human rights law, while also facing mounting internal and external pressures. These include a surge in applications, political resistance to external criticism, and challenges in maintaining neutrality on contentious issues like migration and criminal justice. It also addresses tensions with national courts as well as attacks on the Court's authority by various actors. This second edition also examines the impact of Russia's cessation as a party to the European Convention on Human Rights in 2022, as well as increasing resistance to implement judgements from nations such as Türkiye. Furthermore, it discusses recent landmark rulings on climate change and the reversal of its approach towards the protection of minorities in the Baltic States. Through careful analysis of landmark cases-from Lawless v. Ireland to Klimaseniorinnen v. Switzerland- this book illustrates the Court's profound influence on European social and political discourse and ultimately asks whether the Court can continue to serve as "Europe's conscience" amid rising populism and shifting values.

The European Court of Human Rights

What was behind a legal life lived in the spotlight? In this extended conversation between Professor Adam Lazowski and Dame Eleanor Sharpston KC, one of the most important European lawyers of her generation, two friends lift the curtain on what was happening backstage. Over nine chapters, they discuss Eleanor's early life, her university years, and her parallel career at the Bar and in academe. They move on to consider her leading cases in the English courts, which included Brown and Others (Operation Spanner) and the Metric Martyr, before laying out a thoughtful insider's assessment of her time on the Bench at the Court of Justice of the European Union in Luxembourg. The closing chapter of the book is dedicated to current events, including the rule of law crisis and the future of European integration. A candid, illuminating and often amusing discussion with a transformative European lawyer.

A Life, A Journey

In Conversation with Eleanor Sharpston

Studies in Private International Law

How do private international law and children's rights law interact-and conflict-in international child abduction cases? This book examines the relationship between two legal fields when courts decide on cross-border child abduction. While private international law prioritises the child's prompt return and applies the best interests principle in abstracto, children's rights law demands an in concreto, individualised assessment of the child's best interests. These differing approaches can lead to legal friction in practice. Through a detailed analysis of legal instruments and supranational case law, the book explores how these conflicts arise and how they might be resolved. Using the theoretical lens of international law's diversification and expansion, it identifies nine conflict-management tools, grouped into four categories: coordination, hierarchy, priority, and harmony. It argues that two of these tools offer promising solutions. The book evaluates 839 cases from the CJEU, ECtHR, the UN Committee on the Rights of the Child, and national courts in Belgium, England &amp; Wales, Ireland, the Netherlands, and Switzerland. This empirical study assesses how effectively the proposed tools address conflicts between the two legal fields. Offering clear recommendations for lawmakers, international organisations, and courts, the book provides a roadmap for fostering constructive relationships between legal fields. It is an essential resource for scholars of private international law, judges and practitioners in cross-border family law, and policymakers working at the intersection of international law and children's rights.

Conflicts in International Child Abduction Cases

Private International Law and Children's Rights Law

Wards of Court and the Inherent Jurisdiction

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