Suchergebnisse

The dramatic clarification of segregation and diversity law -- Determining the legitimacy of laws that use racial/ethnic classifications -- Legal rationales relating to school segregation and diversity -- Empirical assessments of legal doctrine responding to school segregation and diversity -- Empirical assessments of the implementation of laws addressing school segregation and diversity -- Lessons from the law and empirical research addressing school segregation and diversity

"Convictions Without Truth sets out to determine whether and to what extent science and law may coexist in an institutional relationship that truthfully generates individualization through application of forensic testimony for charges relating to violations of criminal law. In the first two chapters, readers are exposed to contemporary unscientific forensic practices as juxtaposed to the evidentiary standard announced by the United States Supreme Court in Daubert v. Merrill Dow Pharmaceuticals, as well as scientific requirements for validity and reliability of expert witness testimony. The remaining chapters provide an explanation for retention of existing, though faulty, forensic practices by way of analysis of path dependency, the fixation of belief, and neuro and cognitive psychology. Through immanent critique and unmasking, the book deconstructs prevailing forensic practices through application of existing published documentation. The final chapter addresses the fixation of belief from the perspective of neuropsychology and cognitive psychology. Readers will gain an understanding of the current concerns relating to application of contemporary forensic practices ; current case law and federal rules guiding the introduction of expert witness testimony; and why it is that despite widely recognized concerns raised from within and outside of the criminal legal system, application of unscientific forensic practices continues., The book also shows how the criminal legal system is experiencing a paradigm shift due to dialectical juxtaposition of existing unscientific forensic practices with contemporary science. Readers are shown that because of its continued reliance upon unscientific forensic practices, the criminal legal system reveals its hegemonic commitment to social control through its willingness to accept "satisfying" as opposed to "truthful" results that generate wrongful convictions. Convictions Without Truth will be of particular interest to students, academics, and practitioners working within the criminal legal field. It will also appeal to those wanting to know more about forensics and criminal law"--

Front Cover -- Contents -- Preface -- Acknowledgments -- Editors -- Contributors -- Section I: Anatomy, Genetics, Neurology, Disease, and Evolution -- 1: The Anatomy of the Canine Nose -- 2: Wiring of the Olfactory System and the Functional Role of Neurons and Glia during Lifelong Turnover -- 3: Olfaction and the Canine Brain -- 4: Genetics of Canine Olfaction -- 5: Effects of Disease on Canine Olfaction -- 6: Olfaction in Wild Canids and Russian Canid Hybrids -- Section II: Chemistry and Aerodynamics of Odors

Cover -- Half Title -- Title Page -- Copyright Page -- Dedication -- Table of Contents -- Foreword -- Preface -- Editors -- Contributors -- Section I: HISTORY OF DRIVING UNDER THE INFLUENCE -- 1: Driving Under the Influence of Psychoactive Substances: A Historical Review -- Section II: OTHER HISTORICAL EVENTS OF INTEREST -- 2: Professor Robert F. Borkenstein: An Appreciation of His Life and Work -- 3: Epidemiology of Alcohol-Related Accidents and the Grand Rapids Study -- 4: The Analysis of Ethanol in Blood and Breath for Legal Purposes: A Historical Review -- Section III: FORENSIC ISSUES INVOLVING ALCOHOL -- 5: Use of Punishable Limits of Blood- and Breath-Alcohol Concentration in Traffic-Law Enforcement: Some Advantages and Limitations -- 6: Common Legal Challenges, Responses, and Court Decisions in Forensic Breath- and Blood-Alcohol Analysis -- 7: Quality Assurance in Forensic Breath-Alcohol Analysis -- 8: Pharmacokinetics of Ethanol: A Primer for Forensic Practitioners -- 9: Biomarkers for the Identification of Alcohol Use/Misuse -- Section IV: USE OF NON-ALCOHOL DRUGS AND IMPAIRED DRIVING -- 10: Driving Under the Influence of Non-alcohol Drugs: Review of Earlier Studies -- 11: Driving Under the Influence of Non-alcohol Drugs: Experimental Studies -- 12: Driving Under the Influence of Non-alcohol Drugs: Epidemiological Studies -- 13: International Trends in Alcohol and Drug Use Among Motor Vehicle Drivers -- Section V: EPIDEMIOLOGY, ENFORCEMENT, AND COUNTERMEASURES -- 14: Alcohol Limits and Public Safety -- 15: Methodologies for Establishing the Relationship Between Alcohol/Drug Use and Driving Impairment: Differences Between Epidemiological, Experimental, and Real-Case Studies -- 16: Vehicle Safety Features Aimed at Preventing Alcohol-Related Crashes.

This book proposes a new institutional constructivist model, for social scientific and legal enquiries, based on the interrelations within the social and political world and the application of change in EU laws and politics. Much of the research conducted in social sciences and law examines the diverse activities of individuals and collectivities and the role of institutions in the social and political world. Although there exist many vantage points from which one can gain entry into understanding how agents in the world act, interact, shape and bear the world, socio-legal scientific epistemology has found monism and dualism to be convincing models. This book argues that current models do not capture the complexity of our micro-worlds, macro-worlds and meso-worlds. Nor can they account for the forms and patterns of socio-legal change. Mind, time and change are brought together in an attempt to contribute to socio-legal epistemology and to enhance its toolkit.

The edited volume brings together scholars in the field of law and the cognitive sciences, in particular law and the neurosciences. It considers what the relationship between law and the cognitive sciences is and should be from a theoretical perspective, for example by asking in what way and to what extent insights from the cognitive sciences can and should impact legal concepts, rules and paradigms. The topic of criminal responsibility exemplifies this relationship and several authors analyze specific elements of criminal responsibility in light of insights from the cognitive sciences

Introduction : science and risk regulation in international law -- Global risk governance and its legitimacy -- Scientific rationality and risk in international law -- Competing risk regulatory paradigms : sound science and the precautionary principle -- Science and WTO regulation of SPS risk -- Case studies of science and risk regulation in international law -- Democratising global risk governance -- What role for science in international risk regulation?