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The Repetitions of History

Robin Feldman

in The Role of Science in Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195368581
eISBN:
9780199867455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368581.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter traces the instinct to reach for science in American legal doctrine back through the 1800s. It examines both the more formal legal theory movements as well as individual doctrinal ... More


Law as Last Resort: Prosecution Decision-Making in a Regulatory Agency

Keith Hawkins

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199243891
eISBN:
9780191714184
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243891.001.0001
Subject:
Law, Constitutional and Administrative Law

This is a book about the life of the legal system. Its object is to illustrate a way of thinking about decision-making using the example of prosecution cases in a regulatory agency. The study focuses ... More


Finding Faith in Reason

Neil Duxbury

in Patterns of American Jurisprudence

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264910
eISBN:
9780191682865
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264910.003.0005
Subject:
Law, Philosophy of Law

This chapter illustrates that the quest for principle in American jurisprudence ought not to be regarded merely as a response to realism. It specifically attempts to make sense of process ... More


Introduction

Fionnuala Ní Aoláin, Dina Francesca Haynes, and Naomi Cahn

in On the Frontlines: Gender, War, and the Post-Conflict Process

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195396645
eISBN:
9780199918416
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195396645.003.0000
Subject:
Law, Human Rights and Immigration, Public International Law

This introductory chapter first sets out the purpose of the book, which is to explore the role that gender plays in the construction and implementation of the post-conflict transitional process. The ... More


Random Justice: On Lotteries and Legal Decision-Making

Neil Duxbury

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198268253
eISBN:
9780191683466
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268253.001.0001
Subject:
Law, Philosophy of Law

Chance inevitably plays a role in law but it is not often that we consciously try to import an element of randomness into a legal process. This book explores the potential for the use of lotteries in ... More


The Virtues of Participation

D. J. Galligan

in Due Process and Fair Procedures: A Study of Administrative Procedures

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.003.0004
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter analyses the notion of participation in its legal and political contexts. First, it considers participation in legal and administrative processes. It then explores the main ideas on ... More


Legal Negotiation in Popular Culture: What Are We Bargaining For?

Carrie Menkel-Meadow

in Law and Popular Culture

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199272235
eISBN:
9780191699603
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199272235.003.0033
Subject:
Law, Philosophy of Law

This chapter is concerned with the treatment of law and legal negotiation in popular culture. It suggests that popular depictions of adversarial and competitive negotiations dangerously perpetuate ... More


Rape and the Legal Process

Jennifer Temkin

Published in print:
2002
Published Online:
January 2010
ISBN:
9780198763550
eISBN:
9780191710391
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763550.001.0001
Subject:
Law, Criminal Law and Criminology

Public disquiet has been intermittently but vehemently expressed about the crime of rape and the way it is handled by the criminal justice system. But in the 21st century the legal process still ... More


Introduction

D. J. Galligan

in Due Process and Fair Procedures: A Study of Administrative Procedures

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198256762
eISBN:
9780191681660
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256762.003.0017
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This book focuses on the concepts of justice and fairness in relation to procedures. It provides a general framework for the understanding of procedures and procedural fairness, a framework within ... More


The Medico-Legal Environment and How Medico-Legal Matters Impact the Doctor: Research Findings from an Australian Study

Louise Nash, Michele Daly, Elizabeth Van Ekert, and Patrick Kelly

in First Do No Self Harm: Understanding and Promoting Physician Stress Resilience

Published in print:
2013
Published Online:
January 2014
ISBN:
9780195383263
eISBN:
9780199344871
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195383263.003.0008
Subject:
Social Work, Health and Mental Health

Adverse outcomes happen in health care, regardless of intent and quality of care provided. Patients may be harmed, or experience inadequate treatment, or be dissatisfied, causing them to seek redress ... More


Accountability to Law

T R S Allan

in Accountability in the Contemporary Constitution

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199670024
eISBN:
9780191749414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670024.003.0004
Subject:
Law, Constitutional and Administrative Law

This essay investigates the idea of legal accountability, applicable to public authorities, by reflection on some major debates within constitutional theory. Theories of legal and political ... More


Application of the Hybrid Paradigm

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0003
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

One clear assertion of this book is that the present system of interrogations and detainee status requires our collective and immediate attention. To that end, the hybrid paradigm was created. ... More


Do You Kick a Dog when it’s Down? Considering the Use of Children’s Video-Recorded Testimonies in Court

June Luchjenbroers and Michelle Aldridge-Waddon

in Law and Language: Current Legal Issues Volume 15

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199673667
eISBN:
9780191751769
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673667.003.0129
Subject:
Law, Comparative Law, Philosophy of Law

This chapter takes issue with the procedural amendments made in the England and Wales legal system regarding how children need to be treated by the police and in court, referred to in the Memorandum ... More


Memory and Law

Lynn Nadel and Walter P. Sinnott-Armstrong (eds)

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199920754
eISBN:
9780199950133
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199920754.001.0001
Subject:
Psychology, Cognitive Neuroscience, Forensic Psychology

The legal system depends upon memory function in a number of critical ways, including the memories of victims; the memories of individuals who witness crimes or other critical events; the memories of ... More


The Idea of Arbitration

Jan Paulsson

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199564163
eISBN:
9780191745652
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564163.001.0001
Subject:
Law, Company and Commercial Law, Philosophy of Law

What is arbitration? This book provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in ... More


International Law in a Globalized World

Gregory Messenger

in The Development of World Trade Organization Law: Examining Change in International Law

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198716464
eISBN:
9780191785061
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716464.003.0002
Subject:
Law, Public International Law, Company and Commercial Law

This chapter sets out the two principal claims of the book. First, it supports the analysis of international law through a process-based account, specifically one tied to the notion of globalization. ... More


‘Officialism’: Law, Bureaucracy, and Ideology in Late Victorian England

Chantal Stebbings

in Law and History: Current legal Issues 2003 Volume 6

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199264148
eISBN:
9780191698910
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264148.003.0015
Subject:
Law, Philosophy of Law

The term ‘officialism’ began to be commonly used and understood in public life in the 1870s. In broad terms, it meant the conduct of affairs by the government. More precisely, it meant either the ... More


Legal Academics and Civil Rights Lawyering

Peter Charles Hoffer

in The Search for Justice: Lawyers in the Civil Rights Revolution, 1950-1975

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226614281
eISBN:
9780226614458
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226614458.003.0008
Subject:
Law, Legal History

This chapter explores the role, and the reticence, of the legal academic community in the civil rights revolution era. While Alexander Bickel, Herbert Wechsler, Charles Black, Harry Edwards, and ... More


Legal Dimensions of Religious Self-Determination

Abdullahi Ahmed An-Na‘im

in What Is an American Muslim?: Embracing Faith and Citizenship

Published in print:
2014
Published Online:
January 2014
ISBN:
9780199895694
eISBN:
9780199350742
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199895694.003.0004
Subject:
Religion, Islam

This chapter examines the legal dimensions of religious self-determination for American Muslims who want to embrace their American citizenship. It analyzes key aspects of the legal process in ... More


Law As Last Resort

K. Hawkins

in A Reader on Regulation

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198765295
eISBN:
9780191695292
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765295.003.0010
Subject:
Law, Philosophy of Law

This chapter puts forward a different view about the strategies employed in enforcing regulation, emphasizing the role of formal legal processes. It argues that regulatory enforcement is a symbolic ... More


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