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Processes of Constitutional Decisionmaking: Cases and Materials (Aspen Casebook Series)
by Paul Brest Sanford Levinson Jack M. Balkin Akhil Reed Amar Reva B. SiegelIn Processes of Constitutional Decisionmaking, an extraordinary team of authors traces the historical, political, and social development of constitutional law. Students will consider constitutional questions in a broad historical context, with cutting-edge insights from contemporary scholars. <p><p>This book has been updated to include all new developments in the field, and delivers strong chapters on the constitutional treatment of sex equality, race, civil rights, separation of powers, and federalism.
Professional Negligence in Construction (Construction Practice Series)
by Ben Patten Hugh SaundersWhat is professional negligence? What are the obligations of construction professionals in contract and in tort? In what circumstances might the difference between the obligations be important? These questions are of crucial importance not only to construction lawyers but also to contractors, architects, quantity surveyors, engineers, project managers, and multi-disciplinary practitioners. With an emphasis on the practical aspects of professional negligence in the construction industry and written in a straightforward yet authoritative way, this book is ideal for lawyers and students of construction and law as well as construction professionals at all levels.
Professors in the Gig Economy: Unionizing Adjunct Faculty in America
by Kim TolleyThe Uber-ization of the classroom and what it means for faculty.One of the most significant trends in American higher education over the last decade has been the shift in faculty employment from tenured to contingent. Now upwards of 75% of faculty jobs are non-tenure track; two decades ago that figure was 25%. One of the results of this shift—along with the related degradation of pay, benefits, and working conditions—has been a new push to unionize adjunct professors, spawning a national labor movement. Professors in the Gig Economy is the first book to address the causes, processes, and outcomes of these efforts.Kim Tolley brings together scholars of education, labor history, economics, religious studies, and law, all of whom have been involved with unionization at public and private colleges and universities. Their essays and case studies address the following questions: Why have colleges and universities come to rely so heavily on contingent faculty? How have federal and state laws influenced efforts to unionize? What happens after unionization—how has collective bargaining affected institutional policies, shared governance, and relations between part-time and full-time faculty? And finally, how have unionization efforts shaped the teaching and learning that happens on campus?Bringing substantial research and historical context to bear on the cost and benefit questions of contingent labor on campus, Professors in the Gig Economy will resonate with general readers, scholars, students, higher education professionals, and faculty interested in unionization. Contributors: A. J. Angulo, Timothy Reese Cain, Elizabeth K. Davenport, Marianne Delaporte, Tom DePaola, Kristen Edwards, Luke Elliott-Negri, Kim Geron, Lorenzo Giachetti, Shawn Gilmore, Adrianna Kezar, Joseph A. McCartin, Gretchen M. Reevy, Gregory M. Saltzman, Kim Tolley, Nicholas M. Wertsch
Profiting from Integrity: How CEOs Can Deliver Superior Profitability and Be Relevant to Society
by Alan BarlowThe case for a pro-integrity approach to business is due to endemic corruption, inadequacy of compliance and irrelevance of corporate social responsibility. It is demonstrated empirically that there is a direct causal relationship between companies operating with heightened integrity and their resultant superior profitability. For chief executive officers (CEOs) to achieve this, an innovative pro-integrity business model for companies to adopt is proposed, based predominantly on the author’s business experience. The model is demonstrated by application to a case study multinational corporation where the author was CEO. A considerable amount of what ordinarily would be highly sensitive commercial information is provided in the case study in a frank manner. Using the prointegrity business model which encompasses stakeholders, vision, integrity, leadership, staff and feedback, Alan Barlow explains the value and application of his approach. He draws on benchmarking research and a case study example to provide rigour and context to the model. The result is a compelling argument for a pro-integrity approach to business as an integral part of an organisation’s culture, communication and management practice. Profiting from Integrity provides a powerful evidence-based argument for chairmen, non-executive directors and shareholders, staff and other stakeholders to challenge incumbent CEOs as to why they are not leading their business with a pro-integrity approach and thereby delivering superior profitability.
Progressive Business Models: Creating Sustainable and Pro-Social Enterprise (Palgrave Studies in Sustainable Business In Association with Future Earth)
by László Zsolnai Eleanor O'HigginsThis book presents and analyses exemplary cases of progressive business, understood as ecologically sustainable, future-respecting and pro-social enterprise. The authors present a number of companies following progressive business practices from a range of industries including ethical and sustainable banking, artisan coffee production and distribution, pharmaceutical products, clean technology, governance in retailing, responsible hospitality and consumer goods. With case studies from around Europe such as Tridos Bank in The Netherlands, Béres Co. in Hungary, Novo Nordisk in Denmark, Lumituuli in Finland, John Lewis in the UK and Illy Café from Italy, these progressive companies have global reach and an international impact. The collected cases aim to show the best to be expected from business in the 21st century in a structured accessible way, suitable for any readers interested in innovative ways of creating forward-looking sustainable business.
La prohibición: Un siglo de guerra contra las drogas. De las restricciones al cultivo de opio, coca y cannabis a la intervención de Estados Unidos en Latinoamérica
by ThcEl más completo recorrido por la historia de la prohibición de las drogas, desde las guerras del opio entre China y el Imperio Británico a las actuales guerras narcos, pasando por la Ley Seca, las anfetaminas nazis y el Plan Cóndor. La prohibición es un estado de la cultura. En un mundo que aún se resiste a la legalización, seguir investigando es imprescindible. A través de este recorrido minucioso que va desde las guerras del opio entre China y el Imperio Británico del siglo XIX a las actuales intervenciones de la CIA y la DEA en México y Colombia, pasando por la Ley Seca, el uso de anfetaminas entre las tropas de la Alemania nazi, la cruzada contra el coqueo en los países andinos y el Plan Cóndor, La prohibición tiende un hilo común entre hechos aparentemente inconexos, identifica a los actores relevantes de esta larga saga y plantea una serie de hipótesis sobre cómo es posible que la prohibición de algunas sustancias psicoactivas se haya transformado en la convención represiva más extendida a nivel global, así como en fuente de la mayor y más letal actividad criminal del mundo. «Esta no es una historia de las drogas ni una historia del narcotráfico, es una historia de la Prohibición. El proyecto siempre tuvo un rumbo seguro y límites precisos: retratar y analizar la lucha despiadada contra personas que consumen determinadas sustancias y quienes más se exponen al proveerlas; todo en nombre de una moral racial y colonialista, en beneficio de un complejo entramado médico, policial, judicial, político, militar, industrial, farmacéutico y financiero. La llamada 'guerra a las drogas', sostiene Suppa Altman, constituye un fenómeno moderno regido por el capitalismo y la globalización que se ha ido desmadrando porque nunca acabará. Un negocio cruento. Cuanto más se aprieta, más sangre y dinero sale. El genocidio por goteo de nuestra América y 'el desmadre económico, político y social', como plantea el autor, son factores que justifican una lectura urgente de este trabajo. Las citas de especialistas, informes, leyes locales, convenciones internacionales y libros deben destacarse. Aportan un índice para la búsqueda de información en este mar desconocido de la prohibición, en el que rescata a personajes e investigaciones censuradas para evitar la aplicación de una política de drogas centrada en la evidencia y el respeto por los derechos humanos.»Del prólogo de Emilio Ruchansky
The Prohibition Era and Policing: A Legacy of Misregulation
by Wesley M. OliverLegal precedents created during Prohibition have lingered, leaving search-and-seizure law much better defined than limits on police use of force, interrogation practices, or eyewitness identification protocols. An unlawful trunk search is thus guarded against more thoroughly than an unnecessary shooting or a wrongful conviction.Intrusive searches for alcohol during Prohibition destroyed middle-class Americans' faith in police and ushered in a new basis for controlling police conduct. State courts in the 1920s began to exclude perfectly reliable evidence obtained in an illegal search. Then, as Prohibition drew to a close, a presidential commission awakened the public to torture in interrogation rooms, prompting courts to exclude coerced confessions irrespective of whether the technique had produced a reliable statement.Prohibition's scheme lingered long past the Roaring '20s. Racial tensions and police brutality were bigger concerns in the 1960s than illegal searches, yet when the Supreme Court imposed limits on officers' conduct in 1961, searches alone were regulated. Interrogation law during the 1960s, fundamentally reshaped by the Miranda ruling, ensured that suspects who invoked their rights would not be subject to coercive tactics, but did nothing to ensure reliable confessions by those who were questioned. Explicitly recognizing that its decisions excluding evidence had not been well-received, the Court in the 1970s refused to exclude identifications merely because they were made in suggestive lineups. Perhaps a larger project awaits—refocusing our rules of criminal procedure on those concerns from which Prohibition distracted us: conviction accuracy and the use of force by police.
The Prohibition Era and Policing: A Legacy of Misregulation
by Wesley M. OliverLegal precedents created during Prohibition have lingered, leaving search-and-seizure law much better defined than limits on police use of force, interrogation practices, or eyewitness identification protocols. An unlawful trunk search is thus guarded against more thoroughly than an unnecessary shooting or a wrongful conviction. Intrusive searches for alcohol during Prohibition destroyed middle-class Americans' faith in police and ushered in a new basis for controlling police conduct. State courts in the 1920s began to exclude perfectly reliable evidence obtained in an illegal search. Then, as Prohibition drew to a close, a presidential commission awakened the public to torture in interrogation rooms, prompting courts to exclude coerced confessions irrespective of whether the technique had produced a reliable statement. Prohibition's scheme lingered long past the Roaring '20s. Racial tensions and police brutality were bigger concerns in the 1960s than illegal searches, yet when the Supreme Court imposed limits on officers' conduct in 1961, searches alone were regulated. Interrogation law during the 1960s, fundamentally reshaped by the Miranda ruling, ensured that suspects who invoked their rights would not be subject to coercive tactics, but did nothing to ensure reliable confessions by those who were questioned. Explicitly recognizing that its decisions excluding evidence had not been well-received, the Court in the 1970s refused to exclude identifications merely because they were made in suggestive lineups. Perhaps a larger project awaits—refocusing our rules of criminal procedure on those concerns from which Prohibition distracted us: conviction accuracy and the use of force by police.
Projektmanagement im Ehrenamt: Grundlagen und Tipps (essentials)
by Levend SeyhanLevend Seyhan hilft mit diesem essential den vielen ehrenamtlich Aktiven dabei, ihre Projekte von vornherein auf ein festes Fundament zu stellen und erfolgreich zu verwirklichen. Der Autor stellt mit praxiserprobten Tipps und Übersichten die wesentlichen Herausforderungen vor und zeigt, wie man ehrenamtliche Aktivitäten professionell umsetzen kann. Ehrenamtliche Projekte erfordern großen persönlichen Einsatz aller Beteiligten. Leidenschaft allein führt jedoch nicht zum Erfolg: Auch bei freiwilligem Engagement sind Werkzeuge des traditionellen Projektmanagements unerlässlich. Das Werk bietet allen, die sich ehrenamtlich engagieren, die nötigen Grundlagen dafür.
Property: A Contemporary Approach (Interactive Casebook)
by John Sprankling Raymond ColettaThis casebook is designed to introduce property law to 21st-century law students. It presents the core concepts of property law in a streamlined format that is clear and easy to understand, while maintaining the intellectual challenge of the subject. The book covers the standard property topics with a blend of familiar and modern cases selected to appeal to today's students. It also includes sections on intellectual property and environmental law. As with other books in the Interactive Casebook Series, the accompanying electronic version allows students immediate access to the full text of cited cases, statutes, articles, and other materials in the Westlaw database. In addition, the electronic version includes over 200 photographs, maps, diagrams, original documents, and audio clips that help students understand the case materials, together with more than 300 multiple choice questions and answers so that students can assess their progress.
Property (Aspen Casebook Ser.)
by Jesse Dukeminier James E. Krier Gregory S. Alexander Michael S. Schill Lior Jacob StrahilevitzJesse Dukeminier’s trademark wit, passion, and human interest perspective has made Property, now in its Ninth Edition, one of the best—and best loved—casebooks of all time. A unique blend of authority and good humor, you’ll find a rich visual design, compelling cases, and timely coverage of contemporary issues. In the Ninth Edition, the authors have created a thoughtful and thorough revision, true to the spirit of the classic Property text.
Property Aspects of Intellectual Property (Cambridge Intellectual Property and Information Law #46)
by Ole-Andreas RognstadFor many years, there have been discussions about whether intellectual property (IP) is really property. The property concept, particularly when used in transnational and international concepts, remains somewhat elusive. Here, Ole-Andreas Rognstad comprehensively discusses the use of the property metaphor in relation to IP in a transnational perspective. Rognstad gives an overview of main aspects of the IP/property interface, notably the justification and the structuring of the rights and intellectual property rights as assets. Moreover, he highlights the importance of distinguishing between these aspects, even though they are closely linked to each other. The book takes a transnational approach, dealing with recent developments in European human/fundamental rights law and international investment law, helping readers to understand the practical implications of the IP/property interface. This will be valuable reading for academics, practitioners and policy makers working in the area of IP, and lawyers and philosophers interested in the property debate.
Property Rights and Climate Change: Land use under changing environmental conditions (Routledge Complex Real Property Rights Series)
by Fennie Van Straalen Thomas Hartmann John SheehanProperty Rights and Climate Change explores the multifarious relationships between different types of climate-driven environmental changes and property rights. This original contribution to the literature examines such climate changes through the lens of property rights, rather than through the lens of land use planning. The inherent assumption pursued is that the different types of environmental changes, with their particular effects and impact on land use, share common issues regarding the relation between the social construction of land via property rights and the dynamics of a changing environment. Making these common issues explicit and discussing the different approaches to them is the central objective of this book. Through examining a variety of cases from the Arctic to the Australian coast, the contributors take a transdisciplinary look at the winners and losers of climate change, discuss approaches to dealing with changing environmental conditions, and stimulate pathways for further research. This book is essential reading for lawyers, planners, property rights experts and environmentalists.
Property Theory: Legal and Political Perspectives
by James Penner Michael OtsukaProperty, or property rights, remains one of the most central elements in moral, legal, and political thought. It figures centrally in the work of figures as various as Grotius, Locke, Hume, Smith, Hegel and Kant. This collection of essays brings fresh perspective on property theory, from both legal and political theoretical perspectives, and is essential reading for anyone interested in the nature of property. Edited by two of the world's leading theorists of property, James Penner and Michael Otsuka, this volume brings together essays which consider, amongst other topics, property and public law, the importance of legal forms in property theory, whether use or exclusion are most essential to our understanding of property, distributive justice, Lockean and Grotian theories, the common ownership of the Earth, and Confucian ideas of property.
Proportionality in Law: An Analytical Perspective
by David Duarte Jorge Silva SampaioThis book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.
Prosecuted But Not Silenced: Courtroom Reform for Sexually Abused Children
by Maralee McLeanProsecuted But Not Silenced is a powerful documentary about a mother and daughter's tragic involvement with the judicial system when there were allegations of child sexual abuse—a human rights and civil rights issue for women and children. It is an important educational tool for judges, lawyers, social workers, therapists, politicians, and the general public so that people realize what still occurs today. A National Health Crisis, Maralee&’s story reveals the last taboo and a crime that needs the public's attention, and emphasizes the need for training in the dynamics of maltreatment so that no more mothers have to suffer what happened to Maralee and her daughter.
Prosecution of Politicide in Ethiopia: The Red Terror Trials (International Criminal Justice Series #18)
by Marshet Tadesse TessemaThis book investigates the road map or the transitional justice mechanisms that theEthiopian government chose to confront the gross human rights violations perpetratedunder the 17 years’ rule of the Derg, the dictatorial regime that controlled state powerfrom 1974 to 1991. Furthermore, the author extensively examines the prosecution ofpoliticide or genocide against political groups in Ethiopia.Dealing with the violent conflict, massacres, repressions and other mass atrocities ofthe past is necessary, not for its own sake, but to clear the way for a new beginning.In other words, ignoring gross human rights violations and attempting to close thechapter on an oppressive dictatorial past by choosing to let bygones be bygones, is nolonger a viable option when starting on the road to a democratic future. For unaddressedatrocities and a sense of injustice would not only continue to haunt a nation butcould also ignite similar conflicts in the future.So the question is what choices are available to the newly installed government whenconfronting the evils of the past. There are a wide array of transitional mechanismsto choose from, but there is no “one size fits all” mechanism. Of all the transitionaljustice mechanisms, namely truth commissions, lustration, amnesty, prosecution,and reparation, the Ethiopian government chose prosecution as the main means fordealing with the horrendous crimes committed by the Derg regime.One of the formidable challenges for transitioning states in dealing with the crimes offormer regimes is an inadequate legal framework by which to criminalize and punishegregious human rights violations. With the aim of examining whether or not Ethiopiahas confronted this challenge, the book assesses Ethiopia’s legal framework regardingboth crimes under international law and individual criminal responsibility.This book will be of great relevance to academics and practitioners in the areas ofgenocide studies, international criminal law and transitional justice. Students in thefields of international criminal law, transitional justice and human rights will alsofind relevant information on the national prosecution of politicide in particular andthe question of confronting the past in general.Marshet Tadesse Tessema is Assistant Professor of the Law School, College of Law andGovernance at Jimma University in Ethiopia, and Postdoctoral Fellow of the SouthAfrican-German Centre, University of the Western Cape in South Africa.
Prosecutorial Accountability and Victims' Rights in Latin America
by Verónica MichelThe responsibility of any state is to protect its citizens. But if a state, either through omission or commission, fails to investigate and prosecute crime then what remedies do citizens have? Verónica Michel investigates procedural rights in Chile, Guatemala, and Mexico that allow citizens to call for the appointment of a private prosecutor to initiate criminal investigations. This right diminishes the monopoly of the state over criminal prosecutions and thus offers citizens a way of insisting on state accountability. This book provides the first full-length empirical study of how the victims' right to private prosecution can impact access to justice in Latin America, and shows how institutional and legal arrangements interact to shape the politics of criminal justice. By examining homicide cases in detail, Michel highlights how everyday legal struggles can help build the rule of law from below. Offers the first detailed evidence-based study of the right to private prosecution in Latin America, and its impact on access to justice; Focuses on violations to the right to a judicial remedy in homicide cases, comparing the experience of victims of crimes and victims of human rights abuses; Argues that procedural rights and the criminal justice system can work in favor of victims
Protecting Intellectual Property in the Arabian Peninsula: The GCC states, Jordan and Yemen (Routledge Research in Intellectual Property)
by David Price Alhanoof AlDebasiThis work examines the endeavours of the Arabian Peninsula States – namely the Gulf Cooperation Council member States of Bahrain, Kuwait, Oman, Qatar Saudi Arabia and the UAE, as well as Jordan and Yemen as prospective GCC members – in establishing national intellectual property protection regimes which both meet their international treaty obligations and are also congruent with their domestic policy objectives. It uses the WTO’s TRIPS Agreement of 1995 as the universal benchmark against which the region’s laws are assessed. The challenges faced by the States in enforcing their intellectual property laws receive particular attention. Protecting Intellectual Property in the Arabian Peninsula considers the changing nature of the States’ intellectual property laws since 1995. It argues that the decade immediately following the TRIPS Agreement was marked by a period of foreign forces shaping or influencing the character of the States’ intellectual property legislative regimes, primarily through multilateral or bilateral trade-based agreements. The second and current decade, however, see a significant shift away from foreign influences and a move towards domestic and regional imperatives and initiatives taking over. The work also examines regional initiatives for the protection of traditional knowledge and cultural heritage, as areas of intellectual property which fall outside the parameters of the TRIPS Agreement, but which are of significant concern to the States and other developing countries, and to which they are giving increasing attention in terms of providing proper protection.
Protection of Legitimate Expectations in Investment Treaty Arbitration: A Theory of Detrimental Reliance
by Teerawat WongkaewThis book evaluates the core of the concept of legitimate expectations from first principles in moral philosophy. It adopts an unconventional approach by examining this topic from a deep, philosophical perspective and delves into the debates on the binding nature of promise in moral philosophy. It then develops a doctrinal structure for the standard of protection. The author places the key premise of the book on the possibility of deriving firm conclusions from the debate and on creating a set of precise and prescriptive 'guidelines of the application of legitimate expectations'. The features of this book are threefold: first, a significant body of literature on moral philosophy is assimilated; second, core philosophical principles are extracted and expressed as a normative framework to resolve concrete cases; third, the author analysed a vast number of investment treaty awards against the underlying framework.
The Protector Ethic: Morality, Virtue, and Ethics in the Martial Way
by James V. MorganelliDiscover how the martial way leads to a protector ethic The Protector Ethic is a deep dive exploring the principles and values that must anchor a modern warrior. The author is compelling, insightful, and not afraid of controversy. As the book begins, we are thrust into the true story of a robbery turned homicide. It happens midday on a train. The victim is twenty-four, and the murderer is eighteen. What unfolds is nothing short of horrific, yet the other passengers refuse to help. James V. Morganelli sees this as a symptom. When we are reluctant to defend ourselves, when we refuse to protect those around us, we become part of the disease. As a martial artist and ethicist, the author says martial arts are much more than technical exercises. They offer us a “physical philosophy”—one that allows us to understand ourselves, teaches us about others, and demonstrates the true meaning of justice. They help us make difficult moral decisions. Ultimately, isn’t this why we train? Readers will • Understand natural law, protective instinct, and self-risk. • Examine the martial way of valuing, reasoning, judging, and acting. • Discover how moral relativism, political correctness, and contrived social-justice campaigns do not make people equal. They can actually dehumanize us. • Recognize what it means to be an ethical warrior. Only the great books address philosophy for the contemporary warrior, which is why such titles as Zen in the Martial Arts, Living the Martial Way, and Meditations on Violence have become modern classics. The Protector Ethic is an indispensable contribution to this conversation. “Are you seeking ancient martial secrets?” Morganelli writes. “Here’s one. You already know how to defend yourself. A qualified instructor can run you through the basics, but that should take about ten minutes. After that, the serious work begins.” The martial way only lives when we treat it as something that can die.
The Prudential Carve-Out for Financial Services: Rationale and Practice in the GATS and Preferential Trade Agreements (Cambridge International Trade and Economic Law)
by Carlo Maria CantoreThe World Trade Organization's General Agreement on Trade in Services (GATS) sets out a framework and rules for the liberalization of international trade in services. Paragraph 2(a) of the GATS Annex on Financial Services is generally known as the Prudential Carve-Out (PCO). Notwithstanding GATS obligations, it allows WTO Members to pursue prudential regulatory objectives. This book studies the GATS PCO in light of its negotiating history and economic rationale as well as PCOs in all preferential trade agreements notified to the WTO Secretariat up to the summer of 2017. The author clarifies the state of play of international cooperation on financial services regulation; provides a current understanding of the GATS PCO; analyses how PCOs are drafted in preferential trade agreements and, finally, he seeks to understand whether alternative approaches to the mainstream understanding of the PCO are possible and suggests options for reform.
Psychological Aspects of Crisis Negotiation
by Thomas StrentzPsychological Aspects of Crisis Negotiation, Third Edition, explores the methods and strategies for confronting the nine types of subjects typically encountered in hostage/suicide sieges by correctional staff and law enforcement crisis negotiators. Strentz, an experienced negotiator who designed and directed the FBI’s hostage negotiator program, lays out the critical elements that are required for a successful encounter with a hostage taker or other malfeasant. This book highlights psychological dynamics of negotiations as they apply to the negotiator, the hostage, and the subject. It discusses the predictors of surrender versus the need for a tactical intervention and examines the phases of a hostage crisis and the changing focus as the crisis develops. Referencing historical events such as the Bay of Pigs invasion and the Challenger and Columbia incidents, this text demonstrates how faulty group decision making can spell tragedy. Enhanced with case studies to put the material into context, this third edition also includes new chapters on the SWAT team/crisis negotiator interface and on the genesis of the increased incidence of mentally ill hostage takers. Based on decades of experience in the fi eld and practical advice from a national expert, this volume arms negotiators with the knowledge and tools they need to defuse crises and increase the odds that hostages will survive.
Psychological Evaluations for the Courts, Fourth Edition: A Handbook for Mental Health Professionals and Lawyers
by John Petrila Randy K. Otto Gary B. Melton Norman G. Poythress Christopher Slobogin Douglas Mossman Lois O. CondieTens of thousands of readers have relied on this leading text and practitioner reference--now revised and updated--to understand the issues the legal system most commonly asks mental health professionals to address. Highly readable, the volume demystifies the forensic psychological assessment process and provides guidelines for participating effectively and ethically in legal proceedings. Presented are clinical and legal concepts and evidence-based assessment procedures pertaining to criminal and civil competencies, the insanity defense and related doctrines, sentencing, civil commitment, personal injury claims, antidiscrimination laws, child custody, juvenile justice, and other justice-related areas. Case examples, exercises, and a glossary facilitate learning; 19 sample reports illustrate how to conduct and write up thorough, legally admissible evaluations. New to This Edition *Extensively revised to reflect important legal, empirical, and clinical developments. *Increased attention to medical and neuroscientific research. *New protocols relevant to competence, risk assessment, child custody, and mental injury evaluations. *Updates on insanity, sentencing, civil commitment, the Americans with Disabilities Act, Social Security, juvenile and family law, and the admissibility of expert testimony. *Material on immigration law (including a sample report) and international law. *New and revised sample reports.
The Psychology of Death Investigations: Behavioral Analysis for Psychological Autopsy and Criminal Profiling
by Katherine RamslandThe Psychology of Death Investigations outlines definitively how behavioral evidence can often provide the necessary components and "missing pieces" to complement physical evidence as an essential tool for incident reconstruction. In order to determine the direction of an investigation and to prioritize leads, if necessary, death investigators must establish the manner of a death: natural, accident, homicide or suicide. The most overlooked aspect of death investigation is the psychological dimension, which can provide unique leads, correct false assumptions, enhance investigative awareness, and solve cases in surprising ways. In an estimated 10–20% of cases, the manner of death cannot be determined, or worse, has been erroneously categorized. Since many jurisdictions can’t afford behavioral consultants, this book has been written to provide practical information for a basic psychological analysis. If the circumstances surrounding a death are equivocal, psychological consultants can compile information retrospectively about a deceased person’s mental state and possible motive to assist with unravelling ambiguity about the manner of death. This is the primary function of a psychological autopsy, and, as such, this is the first book of its kind dedicated solely to the topic. In the event that the manner of death is determined to be a homicide, behavioral profiling can help to focus the potential pool of suspects. Professionals and students alike will benefit from the exercise of cognitive awareness and the application of psychological logic presented. Psychologists, medical examiners, coroners, attorneys, fraud examiners, law enforcement personnel, death and homicide investigators, and students enrolled in criminal profiling, forensic psychology, and criminal justice programs will find this text to be a compelling and insightful reference to add to their professional toolkit.