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Courts' Inquiry into Arbitral Jurisdiction at the Pre-Award Stage: A Comparative Analysis of the English, German and Swiss Legal Order
by Sandra SynkováInternational arbitration has become the favored method of resolving disputes between business partners in almost every aspect of international trade, commerce, and investment. The resolution of a dispute by means of international arbitration provides the parties with an opportunity to resolve their disputes in a private, confidential, cost and time efficient manner before a neutral tribunal of their choice. However, challenges to arbitral jurisdiction have become a common practice in the field. Resolution of such challenges may significantly delay the resolution of the parties’ primary substantive dispute, increase overall dispute resolution costs and even whittle down the benefits of the parties’ bargain to arbitrate. Accordingly, adopting a proper approach to the resolution of such disputes becomes crucial to the efficacy of international arbitration as a system of dispute resolution. The present book provides a comparative analysis of the practice of three carefully selected legal orders: the English, German and Swiss and outlines possible ways forward. As the work strikes a balance between theory and practice, it will appeal to practitioners, researchers, but also students looking to develop their understanding of the international arbitration field.
Courts, Jurisdictions, and Law in John Milton and His Contemporaries
by Alison A. ChapmanJohn Milton is widely known as the poet of liberty and freedom. But his commitment to justice has been often overlooked. As Alison A. Chapman shows, Milton’s many prose works are saturated in legal ways of thinking, and he also actively shifts between citing Roman, common, and ecclesiastical law to best suit his purpose in any given text. This book provides literary scholars with a working knowledge of the multiple, jostling, real-world legal systems in conflict in seventeenth-century England and brings to light Milton’s use of the various legal systems and vocabularies of the time—natural versus positive law, for example—and the differences between them. Surveying Milton’s early pamphlets, divorce tracts, late political tracts, and major prose works in comparison with the writings and cases of some of Milton’s contemporaries—including George Herbert, John Donne, Ben Jonson, and John Bunyan—Chapman reveals the variety and nuance in Milton’s juridical toolkit and his subtle use of competing legal traditions in pursuit of justice.
Courts, Jurisdictions, and Law in John Milton and His Contemporaries
by Alison A. ChapmanJohn Milton is widely known as the poet of liberty and freedom. But his commitment to justice has been often overlooked. As Alison A. Chapman shows, Milton’s many prose works are saturated in legal ways of thinking, and he also actively shifts between citing Roman, common, and ecclesiastical law to best suit his purpose in any given text. This book provides literary scholars with a working knowledge of the multiple, jostling, real-world legal systems in conflict in seventeenth-century England and brings to light Milton’s use of the various legal systems and vocabularies of the time—natural versus positive law, for example—and the differences between them. Surveying Milton’s early pamphlets, divorce tracts, late political tracts, and major prose works in comparison with the writings and cases of some of Milton’s contemporaries—including George Herbert, John Donne, Ben Jonson, and John Bunyan—Chapman reveals the variety and nuance in Milton’s juridical toolkit and his subtle use of competing legal traditions in pursuit of justice.
Courts, Jurisdictions, and Law in John Milton and His Contemporaries
by Alison A. ChapmanJohn Milton is widely known as the poet of liberty and freedom. But his commitment to justice has been often overlooked. As Alison A. Chapman shows, Milton’s many prose works are saturated in legal ways of thinking, and he also actively shifts between citing Roman, common, and ecclesiastical law to best suit his purpose in any given text. This book provides literary scholars with a working knowledge of the multiple, jostling, real-world legal systems in conflict in seventeenth-century England and brings to light Milton’s use of the various legal systems and vocabularies of the time—natural versus positive law, for example—and the differences between them. Surveying Milton’s early pamphlets, divorce tracts, late political tracts, and major prose works in comparison with the writings and cases of some of Milton’s contemporaries—including George Herbert, John Donne, Ben Jonson, and John Bunyan—Chapman reveals the variety and nuance in Milton’s juridical toolkit and his subtle use of competing legal traditions in pursuit of justice.
Courts, Jurisdictions, and Law in John Milton and His Contemporaries
by Alison A. ChapmanJohn Milton is widely known as the poet of liberty and freedom. But his commitment to justice has been often overlooked. As Alison A. Chapman shows, Milton’s many prose works are saturated in legal ways of thinking, and he also actively shifts between citing Roman, common, and ecclesiastical law to best suit his purpose in any given text. This book provides literary scholars with a working knowledge of the multiple, jostling, real-world legal systems in conflict in seventeenth-century England and brings to light Milton’s use of the various legal systems and vocabularies of the time—natural versus positive law, for example—and the differences between them. Surveying Milton’s early pamphlets, divorce tracts, late political tracts, and major prose works in comparison with the writings and cases of some of Milton’s contemporaries—including George Herbert, John Donne, Ben Jonson, and John Bunyan—Chapman reveals the variety and nuance in Milton’s juridical toolkit and his subtle use of competing legal traditions in pursuit of justice.
Courts, Justice, and Efficiency: A Socio-legal Study of Economic Rationality in Adjudication
by Hector Fix-FierroThis study explores the socio-legal context of economic rationality in the legal and judicial systems. It examines the meaning and relevance of the concept of efficiency for the operation of courts and court systems,seeking to answer questions such as: in what sense can we say that the adjudicative process works efficiently? What are the relevant criteria for the measurement and assessment of court efficiency? Should the courts try to operate efficiently and to what extent is this viable? What is the proper relationship between 'efficiency' and 'justice' considerations in a judicial proceeding?To answer these questions, a conceptual framework is developed on the basis of empirical studies and surveys carried out mainly in the United States, Western Europe and Latin America. Two basic ideas emerge from it. First, economic rationality has penetrated the legal and judicial systems at all levels and dimensions, from the level of society as a whole to the day-to-day operation of the courts, from the institutional dimension of adjudication to the organizational context of judicial decisions. Far from being an alien value in the judicial process, efficiency has become an inseparable part of the structure of expectations we place on the legal system. Second, economic rationality is not the prevalent value in legal decision-making, as it is subject to all kinds of constraints, local conditions and concrete negotiations with other values and interests.
Courts of Appeals in the Federal Judicial System: A Study of the Second, Fifth, and District of Columbia Circuits (PDF)
by J. Woodford Howard Jr.Courts of Appeals were designed to be a unifying force in American law and politics, but they also contribute to decentralization and regionalization of federal law. Woodford Howard studies three aspects of this problem: first, what binds the highly decentralized federal courts into a judicial system; second, what controls the discretion of judges in making law and policy; and third, how can quality judicial decisions be maintained under heavy-volume pressure.Originally published in 1981.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Courts on Trial (PDF)
by Jerome FrankCONTENTS: I. The Needless Mystery of Court House Government. II. Fights and Rights. III. Facts Are Guesses. IV. Modern Legal Magic. V. Wizards and Lawyers. VI. The "Fight" Theory versus the "Truth" Theory. VII. The Procedural Reformers. VIII. The Jury System. IX. Defenses of the Jury System--Suggested Reforms. X. Are Judges Human? XI. Psychological Approaches. XII. Criticism of Trial-Court Decisions--The Gestalt. XIII. A Trial as a Communicative Process. XIV. "Legal Science" and "Legal Engineering." XV. The Upper-Court Myth. XVI. Legal Education. XVII. Special Training for Trial Judges. XVIII. The Cult of the Robe. XIX. Precedents and Stability. XX. Codification. XXI. Words and Music: Legislation and Judicial Interpretation. XXII. Constitutions--The Merry-Go-Round. XIII. Legal Reasoning. XXIV. Da Capo. XXV. The Anthropological Approach. XXVI. Natural Law. XXVII. The Psychology of Litigants. XXVIII. The Unblindfolding of Justice. XXIX. Classicism and Romanticism. XXX. Justice and Emotions. XXXI. Questioning Some Legal Axioms. XXXII. Reason and Unreason--Ideals.
Courts, Pluralism and Law in the Everyday: Food, Clothing and Days of Rest (Cultural Diversity and Law)
by Cinzia PiciocchiThis book examines the everyday judicial experience in four multicultural jurisdictions as a means of exploring the relationship between legal systems and cultural identities. Increasing social heterogeneity has deeply affected legal systems as courts and parliaments must now deal with a growing rate of cases concerning cultural pluralism. Headline-grabbing disputes usually concern challenges to fundamental rights and principles which may be put at risk by some religious or cultural practices. These are difficult issues questioning the compatibility between some cultural and religious practices and constitutional values. However, much of the interaction between law and cultural pluralism also concerns daily life activities, which do not necessarily challenge fundamental rights. This book deals with food, clothing and days of rest: three expressions of both human needs and identity which are based on ethnic origin, tradition, culture, religion or, simply, taste. The volume looks at the intersection between these choices and constitutional rights such as religious liberty or freedom of expression. It aims to understand how the state legal system deals with them and when non-mainstreaming behaviours are accommodated. Four legal systems are taken into consideration – the United States of America, Canada, France and Italy – exploring similarities and differences in facing cultural diversity around these quotidian issues. The book pays particular attention to the places where diversity is most apparent and also considers the choices that are not based on religious precepts, but rather on “personal philosophy”. The book will be of interest to researchers, academics and policy-makers working in the areas of constitutional law, law and cultural diversity, human rights, minority rights and discrimination law.
Courts, Pluralism and Law in the Everyday: Food, Clothing and Days of Rest (Cultural Diversity and Law)
by Cinzia PiciocchiThis book examines the everyday judicial experience in four multicultural jurisdictions as a means of exploring the relationship between legal systems and cultural identities. Increasing social heterogeneity has deeply affected legal systems as courts and parliaments must now deal with a growing rate of cases concerning cultural pluralism. Headline-grabbing disputes usually concern challenges to fundamental rights and principles which may be put at risk by some religious or cultural practices. These are difficult issues questioning the compatibility between some cultural and religious practices and constitutional values. However, much of the interaction between law and cultural pluralism also concerns daily life activities, which do not necessarily challenge fundamental rights. This book deals with food, clothing and days of rest: three expressions of both human needs and identity which are based on ethnic origin, tradition, culture, religion or, simply, taste. The volume looks at the intersection between these choices and constitutional rights such as religious liberty or freedom of expression. It aims to understand how the state legal system deals with them and when non-mainstreaming behaviours are accommodated. Four legal systems are taken into consideration – the United States of America, Canada, France and Italy – exploring similarities and differences in facing cultural diversity around these quotidian issues. The book pays particular attention to the places where diversity is most apparent and also considers the choices that are not based on religious precepts, but rather on “personal philosophy”. The book will be of interest to researchers, academics and policy-makers working in the areas of constitutional law, law and cultural diversity, human rights, minority rights and discrimination law.
Courts, Politics and Constitutional Law: Judicialization of Politics and Politicization of the Judiciary (Comparative Constitutional Change)
by Martin BelovThis book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Courts, Politics and Constitutional Law: Judicialization of Politics and Politicization of the Judiciary (Comparative Constitutional Change)
by Edited by Martin BelovThis book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Courts, Regulators, and the Scrutiny of Economic Evidence
by Despoina MantzariCourts, Regulators, and the Scrutiny of Economic Evidence presents the first systematic examination of economic regulation and the crucial role of economic evidence in regulatory authorities and courts. This book brings together strands of scholarship from law, economics, and political science to explore two key themes: the influence of economic evidence on the discretionary assessments of economic regulators, and the limits of judicial review of economic evidence, supplemented with comparative examination of both UK and US systems. In light of the challenges posed by economic evidence, Mantzari argues the appropriate scope of judicial review in the era of regulatory economics, and what the optimal institutional response to the pervasiveness of economic evidence in regulation should be. Building on comparative institutional analysis, this book rejects single-factor explanations, such as the individual knowledge of judges, in favour of a richer set of macro and micro-level factors that shape the relationships between courts and regulators. Mantzari argues that the 'recipe' for adjudicating economic evidence requires a balance in which a degree of epistemic diversity is introduced in courts, and deference is accorded to regulatory agencies on grounds of institutional competency. The book combines theoretical, doctrinal, comparative, and empirical analysis and it is written to be accessible to lawyers, economists, judges, regulators, policymakers, and political scientists.
Courts, Regulators, and the Scrutiny of Economic Evidence
by Despoina MantzariCourts, Regulators, and the Scrutiny of Economic Evidence presents the first systematic examination of economic regulation and the crucial role of economic evidence in regulatory authorities and courts. This book brings together strands of scholarship from law, economics, and political science to explore two key themes: the influence of economic evidence on the discretionary assessments of economic regulators, and the limits of judicial review of economic evidence, supplemented with comparative examination of both UK and US systems. In light of the challenges posed by economic evidence, Mantzari argues the appropriate scope of judicial review in the era of regulatory economics, and what the optimal institutional response to the pervasiveness of economic evidence in regulation should be. Building on comparative institutional analysis, this book rejects single-factor explanations, such as the individual knowledge of judges, in favour of a richer set of macro and micro-level factors that shape the relationships between courts and regulators. Mantzari argues that the 'recipe' for adjudicating economic evidence requires a balance in which a degree of epistemic diversity is introduced in courts, and deference is accorded to regulatory agencies on grounds of institutional competency. The book combines theoretical, doctrinal, comparative, and empirical analysis and it is written to be accessible to lawyers, economists, judges, regulators, policymakers, and political scientists.
Courts Without Cases: The Law and Politics of Advisory Opinions
by Carissima MathenSince 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their 'advice', and about the nature of law.Tracking their use in Canada since the country's Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics.With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.
Courts Without Cases: The Law and Politics of Advisory Opinions
by Carissima MathenSince 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their 'advice', and about the nature of law.Tracking their use in Canada since the country's Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics.With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.
Covenants and Third-Party Creditors: Empirical and Law & Economics Insights Into a Common Pool Problem
by Daniela MatriThis book adds to the debate on the effects of covenants on third-party creditors (externalities), which have recently become a focus of discussion in the contexts of bankruptcy law, corporate law and corporate governance. The general thrust of the debate is that negative effects on third-party creditors predominate because banks act in their own self-interest.After systematising the debated potential positive and negative externalities of covenants, the book empirically examines these externalities: It investigates the banks’ factual conduct and its effects on third-party creditors in Germany and the US. The study’s most significant outcome is that it disproves the assumption that banks disregard third-party creditors’ interests.These findings are then interpreted with the tools of economic analysis; particularly, with the concept of common pool resources (CPRs). Around the aggregated value of the debtor company’s asset pool (as CPR) exists an n-person prisoner’s dilemma between banks and third-party creditors: No creditor knows when and under what conditions the other creditor will appropriate funds from the debtor company’s asset pool. This coordination problem is traditionally addressed by means of bankruptcy law and collaterals. However, the incentive structure that surrounds the bilateral private governance system created by covenants and an event of default clause (a CPR private governance system) is found to also be capable of tackling this problem.Moreover, the interaction between the different regulation spheres – bankruptcy law, collateral and the CPR private governance system − has important implications for both the aforementioned discussions as well as the legal treatment of covenants and event of default clauses. Covenants alone cannot be seen as an alternative to institutional regulation; the complete CPR private governance system and its interaction with institutional regulation must also be taken into consideration. In addition, their function must first find more acceptance and respect in the legal treatment of covenants and event of default clauses: The CPR private governance system fills a gap in the regulation of the tragedy of the commons by bankruptcy law and collateral. This has particularly important implications for the German § 138 BGB, § 826 BGB and ad hoc duties to disclose insider information.
Covenants of Life: Contemporary Medical Ethics in Light of the Thought of Paul Ramsey (Philosophy and Medicine #77)
by MarkStenberg SaraVaux Kenneth L. VauxThe intense fervor of a Mississippi Methodist preacher, the meticulous reasoning of an Oxford logician, the dogged persistence of a head longshoreman, the unflagging humor of a Rabelaisian satirist. To have met Paul Ramsey at a lecture in a medical university; a heady conference at Hastings-on Hudson; a congressional hearing; deliberations at a church assembly; or a bull session in some coffee shop was to be confronted with a gentleman of unforgettable energy, insight, and delight. In many roles--as a young instructor in religious studies at Princeton University, a concerned moral theologian commenting on the ethics of the "sit-ins" and nuclear issues, an observer and dialogue partner with physicians at Georgetown and other medical centers, a faithful editor and analyst of Jonathan Edwards' ethical writings, a trustee of the Hastings center, a voluminous correspondent with others who would join to disciplined pursuit of values--Paul Ramsey in all roles was indefatigable in zeal, rigorous in demand and gracious in coadventuring (to use one of his wonderful metaphors). This volume captures a unique exchange between Paul Ramsey and his most prominent colleagues. In one sense it remains a Festschrift in his honor, characterized, at times, by a markedly informal tone.
Covert Investigation (Blackstone's Practical Policing)
by Clive Harfield Karen HarfieldExamining all the issues you need to consider when deploying investigative tools under the Regulation of Investigatory Powers Act 2000 (RIPA) and the Investigatory Powers Act 2016, Covert Investigation is a highly practical and detailed guide to this important, complex and sometimes controversial area of the law. Fully revised, Covert Investigation sets the context for the moral management of covert investigations, and the statutory principles underpinning such interventions. Authorization and governance frameworks are discussed, with emphasis on issues facing authorizing officers, as well as a focus on practical management issues from strategic and operational perspectives. Part 2 concentrates on the statutory elements of covert investigations, addressing directed surveillance, intrusive surveillance, property interference, and surveillance through communications and the data it generates. There is also discussion of the use of covert human intelligence sources, especially the significant moral issues arising from relationship manipulation and privacy intrusion within the sphere of covert investigations. The authors present clear and concise guidance to ensure that applications for covert investigations are made only in appropriate circumstances and that those investigations are undertaken with the utmost integrity. The book forms part of the Blackstone's Practical Policing Series. The series, aimed at junior to middle ranking officers, consists of practical guides containing clear and detailed explanations of the relevant legislation and practice, accompanied by case studies, illustrative diagrams and useful checklists.
Covert Investigation (Blackstone's Practical Policing)
by Clive Harfield Karen HarfieldExamining all the issues you need to consider when deploying investigative tools under the Regulation of Investigatory Powers Act 2000 (RIPA) and the Investigatory Powers Act 2016, Covert Investigation is a highly practical and detailed guide to this important, complex and sometimes controversial area of the law. ully revised, Covert Investigation sets the context for the moral management of covert investigations, and the statutory principles underpinning such interventions. Authorization and governance frameworks are discussed, with emphasis on issues facing authorizing officers, as well as a focus on practical management issues from strategic and operational perspectives. Part 2 concentrates on the statutory elements of covert investigations, addressing directed surveillance, intrusive surveillance, property interference, and surveillance through communications and the data it generates. There is also discussion of the use of covert human intelligence sources, especially the significant moral issues arising from relationship manipulation and privacy intrusion within the sphere of covert investigations. The authors present clear and concise guidance to ensure that applications for covert investigations are made only in appropriate circumstances and that those investigations are undertaken with the utmost integrity. The book forms part of the Blackstone's Practical Policing Series. The series, aimed at junior to middle ranking officers, consists of practical guides containing clear and detailed explanations of the relevant legislation and practice, accompanied by case studies, illustrative diagrams and useful checklists.
Covert Investigation 6e (Blackstone's Practical Policing)
by Clive Harfield Karen HarfieldExamining all the key issues to consider when deploying investigative tools under the Regulation of Investigatory Powers Act 2000 (RIPA) and the Investigatory Powers Act 2016, Covert Investigation is a highly practical and detailed guide to this important, complex, and sometimes controversial area of the law. This sixth edition of Covert Investigation has been fully revised to incorporate amendments to RIPA enacted by the Covert Human Intelligence Sources (Criminal Conduct) Act 2021, setting the moral and legal context for the ethical management and implementation of covert investigations, and the statutory principles underpinning such interventions. Its first Part discusses the issues facing authorizing officers and focuses on practical management issues from both strategic and operational perspectives, including the management of risk. Part 2 concentrates on the statutory elements of covert investigations, addressing directed and intrusive surveillance, property interference and surveillance through communications and the data generated. It includes detailed discussion of the use of covert human intelligence sources, especially the significant moral issues arising from relationship manipulation and privacy intrusion. The authors present clear and concise guidance to ensure that applications for covert investigations are made only in appropriate circumstances and that such investigations are undertaken with integrity. Featuring a range of helpful tools, such as scenarios, tips, and checklists, this edition is an essential resource for police and non-police investigators alike The book forms part of the Blackstone's Practical Policing Series. The series, aimed at junior to middle ranking officers, consists of practical guides containing clear and detailed explanations of the relevant legislation and practice, accompanied by case studies, illustrative diagrams, and useful checklists.
Covert Investigation 6e (Blackstone's Practical Policing)
by Clive Harfield Karen HarfieldExamining all the key issues to consider when deploying investigative tools under the Regulation of Investigatory Powers Act 2000 (RIPA) and the Investigatory Powers Act 2016, Covert Investigation is a highly practical and detailed guide to this important, complex, and sometimes controversial area of the law. This sixth edition of Covert Investigation has been fully revised to incorporate amendments to RIPA enacted by the Covert Human Intelligence Sources (Criminal Conduct) Act 2021, setting the moral and legal context for the ethical management and implementation of covert investigations, and the statutory principles underpinning such interventions. Its first Part discusses the issues facing authorizing officers and focuses on practical management issues from both strategic and operational perspectives, including the management of risk. Part 2 concentrates on the statutory elements of covert investigations, addressing directed and intrusive surveillance, property interference and surveillance through communications and the data generated. It includes detailed discussion of the use of covert human intelligence sources, especially the significant moral issues arising from relationship manipulation and privacy intrusion. The authors present clear and concise guidance to ensure that applications for covert investigations are made only in appropriate circumstances and that such investigations are undertaken with integrity. Featuring a range of helpful tools, such as scenarios, tips, and checklists, this edition is an essential resource for police and non-police investigators alike The book forms part of the Blackstone's Practical Policing Series. The series, aimed at junior to middle ranking officers, consists of practical guides containing clear and detailed explanations of the relevant legislation and practice, accompanied by case studies, illustrative diagrams, and useful checklists.
Covert Policing: Law and Practice
by Simon McKayFollowing the much publicised Mark Kennedy case, the question of the necessity and proportionality of covert police operations has been widely debated. At the same time, the use of covert tactics is becoming more widespread and is a feature of routine as well as more serious cases. It is a fast changing area of law which is notoriously opaque and esoteric. This new edition of Covert Policing: Law and Practice provides clear, up to date guidance on this complex topic and is an essential resource for practitioners working on cases involving covert operations. This book provides a comprehensive review of the law governing covert policing activities. It sets out the framework within which covert policing operations should be planned and managed to enable practitioners working for either the defence or prosecution to critically consider the legality and propriety of evidence obtained in cases where covert policing resources have been deployed, including applications for Public Interest Immunity. The text places considerable emphasis on the need for a proper methodology of approach to the Regulation of Investigatory Powers Act 2000 and other legislation affecting this area. It examines the statutory and procedural requirements relating to covert policing deployments, from the interception of communications and directed and intrusive surveillance resources, through to the use and conduct of covert human intelligence sources. It examines the oversight mechanisms that exist to protect those subjected to invasions of privacy without the proper criminal or civil processes and covers recent developments arising from the Protection of Freedoms Act, Data Retention and Investigatory Powers Act, secret hearings, the Mark Kennedy case and revelations concerning mass interception. Written in a way that seeks to highlight the effect of the legislation and the principles emanating out of the case law, this book is an essential resource for practitioners engaged in cases where covert policing issues are likely to arise. It will also be of assistance to those working for the police and other public authorities authorised under the Regulation of Investigatory Powers Act 2000 to carry out surveillance and other covert activities.
Covert Policing: Law and Practice
by Simon McKayFollowing the much publicised Mark Kennedy case, the question of the necessity and proportionality of covert police operations has been widely debated. At the same time, the use of covert tactics is becoming more widespread and is a feature of routine as well as more serious cases. It is a fast changing area of law which is notoriously opaque and esoteric. This new edition of Covert Policing: Law and Practice provides clear, up to date guidance on this complex topic and is an essential resource for practitioners working on cases involving covert operations. This book provides a comprehensive review of the law governing covert policing activities. It sets out the framework within which covert policing operations should be planned and managed to enable practitioners working for either the defence or prosecution to critically consider the legality and propriety of evidence obtained in cases where covert policing resources have been deployed, including applications for Public Interest Immunity. The text places considerable emphasis on the need for a proper methodology of approach to the Regulation of Investigatory Powers Act 2000 and other legislation affecting this area. It examines the statutory and procedural requirements relating to covert policing deployments, from the interception of communications and directed and intrusive surveillance resources, through to the use and conduct of covert human intelligence sources. It examines the oversight mechanisms that exist to protect those subjected to invasions of privacy without the proper criminal or civil processes and covers recent developments arising from the Protection of Freedoms Act, Data Retention and Investigatory Powers Act, secret hearings, the Mark Kennedy case and revelations concerning mass interception. Written in a way that seeks to highlight the effect of the legislation and the principles emanating out of the case law, this book is an essential resource for practitioners engaged in cases where covert policing issues are likely to arise. It will also be of assistance to those working for the police and other public authorities authorised under the Regulation of Investigatory Powers Act 2000 to carry out surveillance and other covert activities.
The COVID-19 Aftermath: Volume I: Ongoing Challenges (Advances in Experimental Medicine and Biology #1457)
by Nima RezaeiThis book discusses different challenges imposed to the globe following the COVID-19 pandemic. Coronavirus disease 2019 (COVID-19) has affected humans’ individual lives, communities, and the world. It has not only affected human’s lives but also environmental and natural systems. To better appreciate the pandemic’s influence, multidisciplinary and interdisciplinary approaches are needed. Also, lessons learned from facing the pandemic are reviewed to be used for combating the upcoming challenges in healthcare settings, mental and psychological health, education, natural resources, energy system, environment balance, economic stability, social relations, etc.