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Current Legal Issues
CURRENT LEGAL ISSUES
See
the Oxford University Press Web Pages for Current Legal Issues
Volume 10 - Law and Bioethics
Volume 9 - Law and Philosophy
Volume 8 - Law and Psychology
Volume 7 - Law and Sociology
Volume 6 - Law and History
Volume 5 - Law and Geography
Volume 4 - Law and Religion
Volume 3 - Law and Medicine
Volume 2 - Law and Literature
Volume 1 - Law and Science
Volume 9 - Law and Philosophy
Law
and Philosophy
Edited by Professor Michael Freeman and Professor Ross Harrison |
| CONTENTS |
I The Nature of Law
|
| 1. Reconsidering a Dogma: Conceptual Analysis, the Naturalistic Turn, and Legal Philosophy |
Kenneth Himma |
| 2. Six Paths to Vertigo-free Legal Theory |
Sylvie Delacroix |
| 3. Monism, Interpretivism and the Law's Aim |
George Letsas |
| 4. Moral Evaluation and Conceptual Analysis in Jurisprudential Methodology |
John Oberdiek & Dennis Patterson |
| 5. Objectivity and Value: Legal Arguments and the Fallibility of Judges |
Stephen Guest |
| 6. Towards an Inferential Semantics in Jurisprudence |
Christopher Kletzer |
| 7. An Epistemic Account of the Internal Point of View |
Antony Hatzistavrou |
| 8. Antigone and the Nature of Law |
Tanja Staehler |
| II State, Citizen, and the Law |
| 9. The Moral Is: States Make Laws |
Ross Harrison |
| 10. The Attack on Liberalism |
Mark Reiff |
| 11. Moral Reflections on the Responsibilities of Soldiers: the Clue to Devising a Legal Definition of Terrorism |
Robert Morris |
| 12. Criminal Responsibility and Public Reason |
Antony Duff & Sandra Marshall |
| 13. The Educative Function of Law |
Brian Burge-Hendrix |
| 14. Protest and Punishment: The Dialogue between Civil Disobedients and the Law |
Kimberley Brownlow |
| 15. Apology and Reparation in a Multicultural State |
Christopher Bennett |
| 16. Contracts, Promises, and the Demands of Moral Agency |
Emmanuel Voyiakis |
| 17. Number and Government |
Claire Grant |
Volume 8 - Law and Psychology
Law and Psychology contains a broad range of essays by scholars interested in the interactions between law and psychology. The volume includes studies of jury trials in terrorism cases, psychological evidence in family law cases, child witness testimony and the role of psychology in punishment theory.
Edited by Professor Michael Freeman, UCL Laws, and Belinda Brooks-Gordon, Lecturer, Birkbeck College |
| CONTENTS |
| to come |
|
Volume 7 - Law and Sociology
Law and Sociology contains a broad range of essays by scholars interested in the interactions between law and sociology. In common with earlier volumes in the Current Legal Issues series, it seeks both a theoretical and methodological focus.
The volume includes amongst other topics, a sociology of jurisprudence, an examination of the social dynamics of regulatory interactions, and a consideration of the place of legal culture in the sociology of law.
Edited by Professor Michael Freeman, UCL Laws |
| CONTENTS |
Law and Sociology
|
Michael Freeman |
| From "Living Law" to the "Death of the Social" - Sociology in Legal Theory |
Roger Cotterrell |
| A Sociology of Jurisprudence |
Richard Nobles and David Schiff |
| The Idea of Sociology of Law and Its Relation To Law and To Sociology |
John Griffiths |
| The Pure Theory of Law and Interpretive Sociology or A Basis for Interdisciplinarity |
Hamish Ross |
| When 'Law and Sociology' is not Enough: Transdisciplinarity and the Problem of Complexity |
Julian Webb |
| Social dynamics of regulatory interactions: An exploration of three sociological perspectives |
Bettina Lange |
| Law in Society: A Unifying Power or a Source of Conflict? |
Daphne Barak-Erez |
| The Use of Law |
Iain Stewart |
| Notes on the Methodology Debate in Contemporary Jurisprudence: Why Sociologists Might Be Interested? |
Dennis Patterson |
| Law and Sociology: The Petrazyckian Perspective |
Krzysztof Motyka |
| Durkheim in China |
Tim Murphy |
| When The Law is Emancipatory: The Power of Law in the Social Movements' Struggles |
Madalena Duarte |
| Law, Norma and Lay Tribunals: Economics, Sociology and the Re-emergence of Norms in the Study of Law |
Joseph Saunders |
| Sociology of Roman Law |
Janne Pölönen |
| The Place of Legal Culture in the Sociology of Law |
Lawrence Friedman |
| The European Commission, Phronetic Judgement and the Regulation of Computer-Implemented Inventions by Patent Law |
Katerina Sideri |
| Cosmopolitan Law: Agency and Narrative |
David Hirsh |
| The Socio-Legal Construction of the 'Best Interest of the Child': Law's Autonomy, Sociology and Family Law |
Robert van Krieken |
| From Parental Responsibility to Parenting Responsibility |
Helen Reece |
| Social perceptions of Law After Communism |
Bogumila Puchalska |
| 'Pigs in Space': Geographic Separation in Multicultural Societies |
Issachar Rosen-Zvi |
| Cultural Globalization and Public Policy: Exclusion of Law In The Global Village |
Mohamed S. Wahab |
| Are Small-Town Lawyers Positivist About the Law? |
James Marshall |
| Sociology of Law for Legal Education: Italian Experiences |
Vincenzo Ferrari |
Volume 6 - Law and History
Law
and History contains a broad range of essays by prominent legal historians,
which explore the ways in which history has been used by lawyers. Largely
theoretical in focus, the volume covers a broad range of issues, including
discussions of norms in medieval England, the works of Montesquieu, Maine,
and Weber, and of the nature of legal argument in nineteenth-century
England, and in twentieth- century war crimes trials.
Edited by Andrew Lewis , Professor of Comparative Legal History, University
of London, and Michael Lobban , Reader in Law, Queen Mary, University
of London
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| CONTENTS |
| to come |
|
Volume 5 - Law and Geography
This
volume explores the relationship between law and geography, especially
with respect to taken-for-granted distinctions between the social and
the material, the human and non-human, and what constitutes persons and
things. As a genuinely reflective ‘Law and Geography’ project,
this collection offers interdisciplinary inquiry, particularly in response
to the globalization – of law, commerce, environmental change, and
society – which renders relations between the local and the global
more significant. Because of the sheer expansiveness and complexity of
both law and geography we use conceptual frames to structure this volume
– boundaries, land, property, nature, identity (persons, peoples
and places), culture and time, and knowledge. These frames cut across
the various subdivisions of law and geography described above and provide
a route into the various practical and theoretical deliberations on the
interrelationship and the interstices of law and geography which follow.
The chapters are diverse in style, research and methodology, and subject
matter (organ transplants, lawn mowing, settler states, archaeological
remains, shopping, gay nightclubbing, seeds, and common space).
Edited by Jane Holder, Senior Lecturer at the Faculty of Laws, University
College London
and Carolyn Harrison, Professor of Geography, University College London |
| CONTENTS |
| Connecting Law and Geography |
Jane Holder and Carolyn Harrison |
| From ‘What’ to ‘So What?’: Law and Geography in
Retrospect |
Nicholas Blomley |
| Spatial Dimensions of Private Law |
Nick Jackson and John Wightman |
| Beyond the Word: Law as a Thing of This World |
David Delaney |
| The Queen’s Peace: Reflections on the Spatial Politics of Sexuality
in the Law |
Leslie J. Moran |
| Geography: The Problem of Scale, and Process or Allocation: The US National
Organ Transplant act or 1986, Amended 1990 |
Tom Koch and Ken Denike |
| Freewheeling Uphill Pedalling Downhill: Growing Pains in Developing a
Land Market in China |
Patrick McAuslan |
| Camels, Chameleons, and Coyotes: Problematizing the ‘Histories’
of Land Law Reform |
Gareth A. Jones |
| Idolatry of Land |
Georgette Chapman Poindexter |
| De/Re-Territorializing Possession: The Shifting Spaces of Property Rights |
Sarah Whatmore |
| Property Restitution, Property Law, and the Post-Communist Transition
in Germany’s New Bundesländer |
Mark Blacksell |
| Agenda 2000, Land Use, and the Environment: Towards a Theory of ‘Environmental’
Property Rights |
Christopher P. Rodgers |
| Property Rights, Urban Policy and the Law: Negotiating Neighbourhood Disputes
in a Brazilian Shantytown |
Corrine Davis-Rodriguez |
| Informal Law in Informal Settlements |
Jane Matthews Glenn and Véronique Bélanger |
| Governance and Resource Management in Mexico’s Community Forestry
Sector |
Camille Antinori |
| Spaces of Diversity in Diverse Spaces |
Paul Street |
| Environmental Gains? Collaborative Planning, Planning Obligations, and
Issues of Closure in Local Land-Use Planning in the UK |
Carolyn Harrison and Tracey Bedford |
| Law and Geography: Only Connect? |
Michael Freeman |
| Family Geographies: Global Care Chains, Transnational Parenthood, and
New Legal Challenges in an Era of Labour Globalization |
Orly Lobel |
| On the Legal Geography of Ethnocratic Settler States: Notes Towards a
Research Agenda |
Alexandre (Sandy) Kedar |
| Green Metaphors: Language, Land, and Law in Takings Debates |
Laura J. Hatcher |
| Space and Time: The Genius Loci of Ancient Places |
Penny English |
| From Local to Global – The Role of Geographic Isolation in Shaping
Competition Law |
Peter Kunzlik |
| Putting Environmental Law on the Map: A Spatial Approach to Environmental
Law us GIS |
Robert J. Goldstein |
| Earth Observation and Principles on Data |
Ray Harris |
| Disciplinary Interactions: Ontological Commitments and Environmental Standard-setting |
Elizabeth A. Kirk and Alison D. Reeves |
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Volume 4 Law and Religion
Law
and Religion, the fourth volume in the Current Legal Issues series, is
a comprehensive treatment of an area that will stimulate and enlighten
anyone interested in law and religion. Both common and civil law jurisdictions
and a wide variety of cultural contexts are represented. In addition the
volume contains contributions written from a wide variety of faith perspectives
(Christian, Jewish, Islamic, Ba’hai) as well as from a secular perspective.
Contributors discuss a series of difficult and important issues from the
interaction in contemporary societies of law and religious practice to
the coherence of the notion of the soul and of the scope and limits of
our concept of religion in a post modern world. A major theme of the volume
is the common hermeneutical questions faced by the Islamic Christian and
Jewish traditions. In addition, the implications for religious practice
of the contemporary ascendancy of human rights are thoroughly and critically
considered. A number of the essays argue forcefully for controversial
conclusions such as the legitimacy of the claim by some of the Christian
Churches in New Zealand to exemption from legislation prohibiting discrimination
on the grounds of sexual orientation. The European Convention on Human
Rights and the jurisprudence of the Court come under particular critical
scrutiny for example in relation to their protection of freedom of religion
in the work place. Consideration is given to the extent to which State
law can, should and does provide a regulatory framework for the life of
religious institutions without compromising their collective autonomy
for example in relation to matters of doctrine.
Edited by Richard O’Dair, Senior Lecturer, Faculty of Laws, UCL
and Andrew Lewis, General Editor of Current Legal Issues and Professor
of Law, Faculty of Laws, UCL |
| CONTENTS |
| Editorial Introduction, |
Richard O’Dair |
| The Image of God and the Moral Identity of Persons: An Evaluation o f
the Holistic Theology of Persons |
Howard M. Ducharme |
| The Divine in the Law |
Calum Carmichael |
| Giving unto Caesar: Rationality, Reciprocity, and Legal Recognition of
Religion |
Gary Watt |
| Law as a Religious Enterprise: Legal Interpretation and Scriptural Interpretation |
Steven D. Smith |
| Historical Observations on the Relationship between Letter and Spirit |
Bernard S. Jackson |
| Batter my Heart’: On the Three-Disciplined Search for Meaning |
Jeanne Gaakeer |
| Post-Modernism, Hermeneutics, and Authenticity: Interpreting Legal and
Theological Texts in the Twenty-First Century |
Edward M. Andries |
| The ‘First Source’ of Islamic Law: Muslim Legal Exegesis of
the Qur’an |
Robert Gleave |
| Freedom of Religion as the Fruit of the Radical Reformation |
Matthijs de Blois |
| The European Court of Human Rights and Religion |
Javier Martínez-Torrón |
| Human Rights, Religious Liberty, and the University Debate |
Malcolm D. Evans |
| Religious Liberty as a Collective Right |
Julian Rivers |
| Clashing Rights, Exemptions, and Opt-Outs: Religious Liberty and ‘Homophobia’ |
Ian Leigh |
| Religious Group Autonomy, Gay Ordination, and Human Rights Law |
Rex J. Ahdar |
| Freedom of Religion: Legal Perspective |
Sophie C. van Bijsterveld |
| The Public Manifestation of Religion or Belief: Challenges for a Multi-Faith
Society in the Twenty-First Century |
Peter Cumper |
| Professional Ethics and Autonomy: A Theological Critique |
Steven H. Resnicoff |
| Clergy Privilege and Conscientious Objection to the Privilege |
J. David Bleich |
| Is the Jewish Get any Business of the State? |
Michael Freeman |
| The Intersecting Worlds of Religious and Secular Marriage |
Perry Dane |
| Judicial Approaches to Religious Disputes |
Mark Hill |
| Justifications for Religious Autonomy |
Norman Doe and Anthony Jeremy |
| Religious Remnants in the Composition of the United Kingdom Parliament |
Peter W. Edge |
| Religious Denomination or Public Religion? The Legal Status of the Church
of England |
Augur Pearce |
| Defining the Legal Boundaries of Orthodoxy for Public and Private Religion
in England |
David Harte |
| International Law and Peace between the Nations: The Contribution of the
Baha’i Faith |
Danesh Sarooshi |
| A Voyage in God’s Canoe: Law and Religion in Melanesia |
Reid Mortensen |
| Christian Perspectives on the Law: What Makes the Distinctive? |
Paul Beaumont |
| Radical Change in the Legal Regulation of Religious Affairs in Post-Communist
Poland |
Piotr Mazurkiewicz |
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Current Legal Issues Volume 3 Law and Medicine
Law
and Medicine, the third volume in the Current Legal Issues series, is
a comprehensive and provocative treatment of a relationship that will
stimulate and enlighten anyone interested in law, ethics and medicine.
This volume considers the many areas where medicine intersects with the
law. Advances in medical research, reproductive science and genetic research
give rise to ethical and legal issues that are well known. These are reflected
in chapters on cloning, organ donation, choosing genetic characteristics,
and the use of Viagra!
At the same time changes in health care funding call into question the
rights of patients, whilst a rise in medical negligence litigation calls
into question the doctor’s duty of care. What rights will patients
have in a privately funded health service and what room is there for the
patient’s right to choose or refuse treatment in such a system?
The changing structure of health care is in the government’s hands
whilst the supply of technology and drugs flows unregulated by market
forces. In the future, clashes between what can be done and what ought
to be done will be increasingly referred to the courts. All of these important
and changing facets of law and medicine are reflected in this collection.
Edited by Michael Freeman, Professor of English Law, Faculty of Laws,
University College London
and Andrew Lewis, Professor of Law, Faculty of Laws, University College
London |
| CONTENTS |
| Editorial Introduction |
M. Freeman |
| The NHS in Private Hands? Regulating Private Providers of NHS services |
C. Newick |
| Health Care Information Technology and Provider Accountability: A Symbiotic
Relationship |
F. Miller |
| The Manipulation of Medical Practice |
V. Harpwood |
| Clinical Guidelines, Negligence and Medical Practice |
H. Teff |
| Threatening Behaviour? The Challenge Posed by Medical Negligence Claims |
L. Mulcahy |
| Information, Decisions, and the Limits of Informed Consent |
C. Schneider and M. Farrell |
| Patient Autonomy – A Turn in the Tide? |
R. Bailey-Harris |
| Legal Limits: When Does Autonomy in Health Care Prevail? |
A. Flamm and H. Forster |
| Law, Society and the New Genetics |
R. Dingwall |
| The Ethics of Human Cloning |
B. Steinbock |
| Written in Code: Diversity and the New Genetics |
B. Bennett |
| Gene Therapy – Cure or Challenge? |
S. McLean |
| Protecting the Unborn Child from its Drug or Alcohol Abusing Mother |
K. Norrie |
| Status of the Embryo in the Light of Islamic Jurisprudence |
A. Ebrahim |
| Can We Leave the Best Interests of Very Sick Children to their Parents? |
M. Freeman |
| The Caesarean Section Cases and the Supremacy of Autonomy |
J. Herring |
| Policing Pregnancy: Rights and Wrongs |
M. Blake |
| The Gifts of Life – Donating Gametes and the Consequences |
L. Waller and D. Mortimer |
| Consent and Intent: The Legal Difference in Assisted Reproductive Treatments |
F. Shenfield |
| Symbolic Harm and Reproductive Practices |
E. Boetzkes |
| Viagra is Coming! The Rhetoric of Choice and Need |
H. Biggs and R. Mackenzie |
| The Politics of Paternity: Foetal Risks and Reproductive Harm |
C. Daniels and J. Golden |
| Research on Human Subjects, Exploitation, and Global Principles of Ethics |
J. Harris |
| Government Priorities for Biomedical Research: What Does Justice Require? |
R. Dresser |
| Health Research with Children: the New Zealand Experience |
N. Peart |
| Medical Date, New Information Technologies, and the Need for Normative
Principles other than Privacy Rules |
A. Vedder |
| Pre-Employment Health Screening |
D. Kloss |
| Human Organ Transplant Ordinance: Facilitating Adult Live Donor Transplants? |
A. Liu |
| Thrift-Euthanasia, in Theory and in Practice: A Critique of Non-Heart-Beating
Organ Harvesting |
H. Ducharme |
| The Comatose Pregnant Woman: Abortion and the Substituted-Judgement Approach |
E. Bernat |
| The Mental Health Act: Taking Stock of the Current Position and Thinking
about the Future |
P. Bartlett |
| Mind and Body: Medicine and Law |
B. Mahendra |
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Current Legal Issues Volume 2 Law and Literature
Law
and Literature, the second volume in the Current Legal Issues series,
is a comprehensive and provocative treatment of an exciting new area that
will stimulate and enlighten anyone interested in the relationship between
law and literature.
Law is literature but it also features frequently in literature. The
legal process and in particular the trial has provoked much literature.
There are also common problems of interpretation and similar interests
in rhetoric and hermeneutics. Literature may be constrained by the law
of defamation, obscenity, or blasphemy as, for example, the Salman Rushdie
affair so vividly illustrates. All of these wide-ranging topics of relating
law to literature are explored in this state of the art volume written
by leading thinkers from both sides of the Atlantic.
Texts analysed range from drama to novels to film and musical performance
and interpretation to the Bible. Trials dissected include Eichmann and
M’Naughten cases and treason and witchcraft trials.
The range of subjects includes legal ethics, punishment, responsibility,
colonialism, violence, and feminism.
Edited by Michael Freeman, Professor of English Law, Faculty of Laws,
University College London
and Andrew Lewis, Professor of Law, Faculty of Laws, University College
London
|
| CONTENTS |
| Editor’s Preface |
Michael Freeman |
| Introduction |
Anthony Julius |
| Writing and Reading in Philosophy, Law and Poetry |
James Boyd White |
| Interdisciplinary Legal Scholarship as Guilty Pleasure: The Case of Law
and Literature |
Jane B. Baron |
| Literature’s Twenty-Year Crossing Into the Domain of Law: Continuing
Trespass or Right by Adverse Possession? |
Richard H. Weisburg |
| The Law-as-Literature Trope |
Guyora Binder |
| (Per)versions of Law and Literature |
Tony Sharpe |
| Shakespeare, the Narrative Community and the Legal Imagination |
Ian Ward |
| Ibsen and the Ascription of Blame in Law |
John Stanton-Ife |
| Tess of the D’Urbervilles and the Law of Provocation |
Melanie Williams |
| Fantasies of Women as Lawmaker: Empowerment or Entrapment in Angela Carter’s
Bloody Chambers |
Maria Aristodemou |
| From Bette Davis to Mrs Whitehouse: Law and Literature – Theory
and Practice |
Michael Thomson |
| ‘ How can ye criticise what’s plain law, man?’: The
Lawyer, the Novelist and the Discourse of Authority |
Marie Hockenhull Smith |
| The Bible, Law and Liberation: Towards a Politico-Legal Hermeneutics of
the Sermon on the Mount |
Adam Gearey |
| Rivka Yoselewska on the Stand: The Structure of Legality and the Construction
of Heroic Memory at the Eichmann Trial |
Lawrence Douglas |
| The ‘Final Struggle’: A Discoursal, Rhetorical, and Social
Analysis of Two Closing Arguments |
Jill Tomasson Goodwin |
| Crossing the Literary Modernist Divide at Century’s End: The Turn
to Translation and the Invention of Identity in America’s Story of
Origins |
Gary Minda |
| Lawyers and Introspection |
Thomas Morawetz |
| Translation and Judicial Ethos: Some Remarks on James Boyd White’s
Proposal for the Harmony of the Spheres |
Jeanne Gaakeer |
| The Sovereign Self: Identity and Responsibility in Victorian England |
Simon Petch |
| Is Literature More Ethical than Law? Fitzjames Stephen and Literary Responses
to the Advent of Full Legal Representation for Felons |
Jan-Melissa Schramm |
| Victorian Narrative Jurisprudence |
Christine L. Krueger |
| ‘ Born Pious, Literary, and Legal’: Lord Coleridge’s
Criticisms in Law and Literature |
Ray Greary |
| Defamation and Fiction |
Eric Barendt |
| Art Crimes |
Anthony Julius |
| Reading Blasphemy: The Necessity for Literary Analysis in Legal Scholarship |
Anthony Bradney |
| Capturing Childhood: The Indian Child in the European Imagination |
Anne McGillivray |
| Legalizing Violence: Fanon, Romance, Colonial Law |
Gary Boire |
| Governing Bodies, Tempering Tongues: Elizabeth Barton and Tudor Treason |
Mary Polito |
| The Guernsey Witchcraft Trials of 1617: The Case of Collete Becquet |
Matthew McGuinness |
| The Hidden Truth of Autopoiesis |
Willem J. Witteveen |
| What Frederick Douglass Says to Kant, With Help from Einstein |
Wai-Chee Dimock |
| Singular and Aggregate Voices: Audiences and Authority in Law & Literature
and in Law & Feminism |
Judith Resnik |
| Law as Performance |
J. M. Balkin and Sanford Levinson |
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Current Legal Issues Volume 1 Law and Science
This is the first volume of Current Legal Issues, published
a sister series to Current Legal Problems. The basis for each interdisciplinary
volume is a two-day colloquium held by the Faculty of Laws at University
College London.
This first volume explores the relationship of law and science, with
a particular focus on the role of science as evidence. Scientific evidence
impinges on a wide range of legal issues, including, for example, risk
assessment in mental health and child abuse, criminal investigations,
chemical and medical products, mass tort cases and the attribution of
paternity. Science promises to reduce (or even eliminate) uncertainty;
how should lawyers respond to such ambitious claims? As the civil justice
process undergoes a major overhaul, this diverse and stimulating collection
of essays provides a timely and thought-provoking reassessment of the
relationship between law and science in general and the uses and value
of scientific evidence in particular.
Edited by Helen Reece, Lecturer in Laws, School of Law, Birkbeck College
(formerly lecturer, Faculty of Laws, University College London) |
| CONTENTS |
| Editor’s Introduction |
Helen Reece |
| Cognitive Science, Legal Theory, and the Possibility of an Observation/Theory
Distinction in Morality and Law |
J. E. Penner |
| Science, Reason and Tort Law |
Heidi Li Feldman |
| The Role of Scientific Evidence in the Assessment of Causation in Medicinal
Product Liability Litigation |
Richard Goldberg |
| Pedro Juan Cubillo v Commonwealth of Australia: Right Result, Wrong Method |
Helen Reece |
| The Environment, Science, and Law |
John McEldowney |
| The BSE Crisis: a Study of the Precautionary Principle and the Politics
of Science in Law |
Jane Holder and Sue Elworthy |
| A New Criterion for the Admissibility of Scientific Evidence? |
Fiona E. Raitt |
| Expert Evidence in Canadian Criminal Proceedings |
Paul Roberts |
| The Risks and Dangers of Experts in Court |
Michael King and Felicity Kaganas |
| Law’s Truth, Lay Truth and Medical Science |
Tony Ward |
| ‘ Brainwashing’ Evidence in Light of Daubert |
Gerald Ginsburg and James Richardson |
| What Lawyers Need to Know about Science |
Lewis Wolpert |
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