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George R: Wards of Court and the
Inherent Jurisdiction

Wards of Court and the Inherent Jurisdiction

Studies in International Law

This book offers a bold new perspective on how international adjudication operates. While international courts claim to decide all disputes over which they have jurisdiction, this book argues that sometimes they strategically choose not to. Through detailed case studies and a close analysis of international procedural law, it reveals that courts decide most disputes most of the time - but not all. By unpacking how courts use doctrines of jurisdiction and admissibility to avoid or narrow down certain issues, the book exposes the covert techniques of judicial avoidance. It shows how the flexibility of international procedural law allows judges to manage politically sensitive disputes without openly acknowledging that they are relying on avoidance doctrines. This book offers a nuanced and realistic account of international adjudication, one that recognises how legal principle is often weighed against political and practical realities.

Jurisdiction, Admissibility, and Justiciability

Avoidance in International Dispute Settlement

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

Since Brexit, UK sanctions law has undergone rapid transformation to address evolving global challenges. UK Sanctions Law and Practice is the first comprehensive guide to how the UK's senior courts interpret sanctions legislation and government policy. The book provides detailed analysis of the UK sanctions framework, covering its pre-Brexit historical context, the scope of the Sanctions and Anti-Money Laundering Act 2018 (SAMLA), key regulations-particularly the complex Russia Regulations-and the evolution of financial, trade, transport, and human rights sanctions. The book examines practical implications, including director disqualification, penalties, and compliance challenges, with detailed insights. It clarifies the intricate process of designations and challenges, analysing key Court of Appeal and Supreme Court cases, including Shvidler and Dalston Projects. A dedicated chapter addresses sanctions in commercial disputes, crucial for those managing contractual obligations impacted by sanctions. The final chapter offers a global perspective on sanctions, with a forward-looking focus on US developments. Written by leading legal experts, this book is an essential resource for practitioners, businesses and individuals navigating sanctions compliance and interactions with designated persons. Its expert insights on statutory provisions, government guidance, and emerging caselaw provide an authoritative foundation for those advising clients or approaching sanctions issues.

UK Sanctions Law and Practice

The EEA Agreement extends the four freedoms (persons, goods, services and capital) to Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality. The EFTA Court, celebrating its 30th anniversary in 2024, has jurisdiction over parties to the Agreement. This jurisdiction corresponds to that of the Court of Justice of the European Union over EU Member States in matters of EEA law. This collection of essays, written by members of the Court and external experts, reviews the successes and shortcomings of the Court, its interface with EU law, and its future development.

Developing the EEA over Three Decades

The EFTA Court

The Fight to Save the American Legal System

The Jury's Out

Why is legal prose so hard to read? One reason is obvious: Legal writers rarely think about their audience. When legal writers account for the preferences and expectations of their readers, legal writing can be sublime. Lucid. Easy to navigate and simple to understand. This species of legal writing leaps from the page to grab its readers by the collar, holding their interest and attention to the very last word. It is comfortably understood, employs concrete words and concrete grammar, shows - not tells - with concrete facts and concrete arguments. And this motivates the reader forward. Zen and the Art of Persuasive Writing tackles abstract questions in fresh and relatable ways, imbuing the dharma of mindfulness and cognitive science into the conversation on persuasive and legal writing. It dissects persuasive writing into 9 mantras: <ul><li>Be aware of the audience. Persuasive writers understand that readers and writers are separated by time and distance, so they channel the readers to prognosticate and answer questions. </li><li>Be less categorical. Persuasive writers know that few rules are absolute. </li><li>Be clear and concrete. Persuasive prose conveys hard facts and ideas in plain and simple words. </li><li>Be concise. A persuasive writer severs the meaningful from the meaningless. He is focused and assured. </li><li>Be cohesive and coherent. Persuasive prose is easy on the eyes and simple to navigate. </li><li>Be compelling. A persuasive writer holds the attention and interest of his readers for long enough to move their hearts and minds. </li><li>Be credible. A persuasive writer earns his reputation with colleagues and the courts, knowing a fine reputation is not purchased or invoked. </li><li>Be a reader and writer. A persuasive writer reads and reverse-engineers the language, style and approach of stuff he likes. </li><li>Be meticulous and rewrite. A persuasive writer toils to ensure the audience will understand the point. He knows that persuasive prose is the end product of many drafts and myriad decisions.</li></ul>

Zen and the Art of Persuasive Writing

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.

Presents a new analysis of judicial precedents, and in particular the growing desire in civil law jurisdictions to expand the influence of judicial precedents to ordinary courts.

Uniformity and Pluralism

Judicial Precedents

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 Practitioner's Guide to Maritime Boundary Delimitation remains the definitive guide for anyone involved in maritime boundary-making and dispute resolution, whether from within law, technical practice, academia, government or related fields. Drawing on the combined perspectives and extensive experience of its authors, the book provides a unique blend of legal and technical insights into the principles, methods and best practices of maritime delimitation, with a particular emphasis on international jurisprudence since the landmark North Sea Continental Shelf cases (1969) and advent of the UN Convention on the Law of the Sea (1982). This thoroughly updated edition covers key developments since 2016, such as the changing role of islands and rocks in delimitation, developments in seabed delimitation beyond 200 miles from the coast, climate change impacts and the growing role of non-binding third-party dispute resolution procedures. The book analyses 29 modern maritime boundary delimitation cases (including six new cases decided since the previous edition) and assesses their ongoing relevance today. Richly illustrated with full-colour maps by a leading technical expert in international dispute resolution, the book brings complex legal and geographical issues vividly to life. Cited frequently before international courts and tribunals—including the International Court of Justice and the International Tribunal for the Law of the Sea—the first edition established itself as an essential resource. This new edition builds on this legacy, remaining an invaluable tool for practitioners, negotiators, litigators, and educators in maritime boundary law.

A Practitioner's Guide to Maritime Boundary Delimitation

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

Hart Studies on Judging and the Courts

This is the first book to comprehensively address the phenomena of extrajudicial communication. With contributions from leading legal scholars, it offers a detailed examination of what judges say outside of the courtroom, when, why, and to what end. The book explores extrajudicial communication through both varying perspectives on its use, and the forms that it takes, including judicial speeches, interviews, life writing and more. It does so with a principal focus on the UK judiciary, but also with reflections on its practice in other common law jurisdictions and at international courts and tribunals. The text unpicks the relationship between these communications, constitutional principles and the modern understanding of the judicial role. A fascinating and truly novel work on how judges communicate outside the courtroom and why it matters.

Perspectives and Practice

Extrajudicial Communication

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

Wards of Court and the Inherent Jurisdiction

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