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This book brings together past and present law commissioners, judges, practitioners, academics and law reformers to analyse the past, present and future of the Law Commissions in the United Kingdom and beyond. Its internationally recognised authors bring a wealth of experience and insight into how and why law reform does and should take place, covering statutory and non-statutory reform from national and international perspectives. The chapters of the book developed from papers given at a conference to mark the fiftieth anniversary of the Law Commissions Act 1965.
The Law Commission (of England and Wales) and the Scottish Law Commission were both established in 1965 to promote the reform of the laws of their respective jurisdictions. Since then, they have each produced hundreds of reports across many areas of law. They are independent of government yet rely on governmental funding and governmental approval of their proposed projects. They also rely on both government and Parliament (and, occasionally, the courts or other bodies) to implement their proposals. This book examines the tension between independence and implementation and recommends how a balance can best be struck. It proposes how the Commissions should choose their projects given that their duties outweigh their resources, and how we should assess the success, or otherwise, of their output. Countries around the world have created law reform bodies in the Commissions' image. They may wish to reflect on the GB Commissions' responses to the changes and challenges they have faced to reappraise their own law reform machinery. Equally, the GB Commissions may seek inspiration from other commissions' experiences. The world the GB Commissions inhabit now is very different from when they were established. They have evolved to remain relevant in the face of devolution, the UK's changing relationship with the European Union, increasing pressure for accountability and decreasing funding. Further changes to secure the future of independent law reform are advanced in this book.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This publication contains the texts of the papers presented at the UN Colloquium, together with a record of those presentations and of the discussions which took place around them.
In fifty years of prosecuting and defending criminal cases in New York City and elsewhere,Michael F. Armstrong has often dealt with cops. For a single two-year span, as chief counsel to the Knapp Commission, he was charged with investigating them. Based on Armstrong's vivid recollections of this watershed moment in law enforcement accountability—prompted by the New York Times's report on whistleblower cop Frank Serpico—They Wished They Were Honest recreates the dramatic struggles and significance of the Commission and explores the factors that led to its success and the restoration of the NYPD's public image. Serpico's charges against the NYPD encouraged Mayor John Lindsay to appoint prominent attorney Whitman Knapp to chair a Citizen's Commission on police graft. Overcoming a number of organizational, budgetary, and political hurdles, Chief Counsel Armstrong cobbled together an investigative group of a half-dozen lawyers and a dozen agents. Just when funding was about to run out, the "blue wall of silence" collapsed. A flamboyant "Madame," a corrupt lawyer, and a weasely informant led to a "super thief" cop, who was trapped and "turned" by the Commission. This led to sensational and revelatory hearings, which publicly refuted the notion that departmental corruption was limited to only a "few rotten apples." In the course of his narrative, Armstrong illuminates police investigative strategy; governmental and departmental political maneuvering; ethical and philosophical issues in law enforcement; the efficacy (or lack thereof) of the police's anticorruption efforts; the effectiveness of the training of police officers; the psychological and emotional pressures that lead to corruption; and the effects of police criminality on individuals and society. He concludes with the effects, in today's world, of Knapp and succeeding investigations into police corruption and the value of permanent outside monitoring bodies, such as the special prosecutor's office, formed in response to the Commission's recommendation, as well as the current monitoring commission, of which Armstrong is chairman.
This is the story of the U.S. Commission on Civil Rights, through its extraordinary fifty years at the heart of the civil rights movement and the struggle for justice in America. Mary Frances Berry, the commission’s chairperson for more than a decade, author of My Face Is Black Is True (“An essential chapter in American history from a distinguished historian”—Nell Painter), tells of the commission’s founding in 1957 by President Eisenhower, in response to burgeoning civil rights protests; how it was designed to be an independent bipartisan Federal agency—made up of six members, with no more than three from one political party, free of interference from Congress and presidents—beholden to no government body, with full subpoena power, and free to decide what it would investigate and report on. Berry writes that the commission, rather than producing reports that would gather dust on the shelves, began to hold hearings even as it was under attack from Southern segregationists. She writes how the commission’s hearings and reports helped the nonviolent protest movement prick the conscience of the nation then on the road to dismantling segregation, beginning with the battles in Montgomery and Little Rock, the sit-ins and freedom rides, the March on Washington. We see how reluctant government witnesses and local citizens overcame their fear of reprisal and courageously came forward to testify before the commission; how the commission was instrumental in passing the Civil Rights Act of 1964 and the Voting Rights Act of 1965; how Congress soon added to the commission’s jurisdiction the overseeing of discriminating practices—with regard to sex, age, and disability—which helped in the enactment of the Age Discrimination Act of 1978 and the Americans With Disabilities Act of 1990. Berry writes about how the commission’s monitoring of police community relations and affirmative action was fought by various U.S. presidents, chief among them Ronald Reagan and George W. Bush, each of whom fired commissioners who disagreed with their policies, among them Dr. Berry, replacing them with commissioners who supported their ideological objectives; and how these commissioners began to downplay the need to remedy discrimination, ignoring reports of unequal access to health care and employment opportunities. Finally, Dr. Berry’s book makes clear what is needed for the future: a reconfigured commission, fully independent, with an expanded mandate to help oversee all human rights and to make good the promise of democracy—equal protection under the law regardless of race, color, sexual orientation, religion, disability, or national origin.