"INTERNET LAW BOOK REVIEWS" Provided by Rob Jerrard LLB LLM (London)

Oxford University Press Books Reviewed in 2013

The Law of TUPE Transfers
Edition: 1st
Format: Paperback
Author: Charles Wynn-Evans
ISBN: 978-0-19-966169-5
Publishers: Oxford University Press
Price: £60
Publication Date: 14th Feb 2013

Publisher's Title Information

Provides a clear, concise, and detailed treatment of all aspects of the Transfer of Undertakings (Protection of Employment) Regulations 2006
Offers expert analysis on how the 2006 legislation and subsequent amendments have been interpreted and applied in practice
Includes detailed commentary on all recent cases in the area, including Eddie Stobart Ltd v Moreman and Hunter v McCarrick on service provision changes and Proctor & Gamble v SCA in relation to pension entitlements following TUPE transfers
The UK's transfer of undertakings legislation has historically been one of the most complex, unpredictable, and commercially significant aspects of the employment law regime. It has far-reaching financial, human resource, and practical significance in the private and public sectors, in relation to a wide range of transactions such as outsourcing, contract tenders, and asset disposals. Notwithstanding the reforms made to the TUPE legislation in 2006, the area has continued to develop, and the significant volume of case law since 2006 has explored the detailed operation of the legislation in relation to issues such as service provision changes, the operation of TUPE in insolvency situations and the treatment of pension rights on a TUPE transfer.
The successor to the best-selling Blackstone's Guide to the New Transfer of Undertakings Legislation, this new title expertly explains all aspects of TUPE law and practice, covering issues such as when the regulations apply, the legal effects of a transfer, the information and consultation requirements of the legislation, and claims arising from transfer related dismissals. Alongside a comprehensive analysis of the legislation and all subsequent amendments, the author looks in detail at recent developments, as well as analysing the operation of the legislation in the specific contexts of pensions and insolvency.

Contents

1: Introduction
2: Identifying a Relevant Transfer
3: Service Provision Changes
4: Who Transfers?
5: Transfer of Individual and Collective Obligations
6: Variation to Employee's Contracts
7: Transfer-Related Dismissals
8: Provision of Employee Information
9: Collective Information and Consultation
10: Insolvency Situations
11: Pensions
12: Miscellaneous
Appendix 1: Transfer of Undertakings (Protection of Employment) Regulations 2006
Appendix 2: Pension Act 2004 (extract)
Appendix 3: Transfer of Employment (Pension Protection) Regulations 2005
Appendix 4: Council Directive 2001/23/EC

The Author

Charles Wynn-Evans, Partner and Head of Employment, Dechert LLP, London
Charles Wynn-Evans is a partner at Dechert LLP and head of the employment group in its London office. He is also a fee-paid Employment Judge assigned to the Birmingham Region and a CEDR accredited mediator. He is a member of the Employment Law Committees of the City of London Law Society and the Law Society of England and Wales and a member of the Executive Committee of the Industrial Law Society.

More Information can be found at the Oxford University Website at

More Details of The Law of TUPE Tranfers on the Oxford University website


Conferencing and Restorative Justice
International Practices and Perspectives
Edition: 1st
Format: Hardback
Author: Edited by Estelle Zinsstag and Inge Vanfraechem
ISBN: 978-0-19-965503-8
Publishers: Oxford University Press
Price: £60
Publication Date: 22nd Nov 2012

Publisher's Title Information

The first book to offer a comprehensive picture about this restorative justice practice
Includes contributions from leading international figures in restorative justice, including both practitioners and academics
Looks at the current condition of conferencing, particularly internationally, and analyses the processes and outcomes
Addresses the difficulties of conferencing, such as in sexual assault cases, as well as the different applications outside of the criminal justice system
Conferencing and Restorative Justice: International Practices and Perspectives offers an analysis of conferencing practices around the world, examining the range of approaches to different types of crimes and offender age groups, and assessing their outcomes.
 
First developed in New Zealand and Australia in the 1990s, conferencing is a restorative justice practice which has since spread to a number of other countries as an effective tool in crime reduction. By encouraging the offender, the victim(s) and family members, and a facilitator to meet and discuss the crime and its consequences, and then to find a just and acceptable outcome for all, those involved hope to repair the harm inflicted upon the victim, the community and society in general. In this book, the editors have drawn together some of the leading figures in the restorative justice community to look at the current condition of such practices, particularly internationally, and to analyse the processes and outcomes of conferencing, compared with the European-favoured, victim-offender mediation.
 
With fourteen chapters featuring a mix of contributors, including both practitioners and academics, the book begins with a general and thematic overview of what conferencing is and how it is developing theoretically and in practice. This discussion then moves on to some of the original models of conferencing, such as in New Zealand and Australia, and examines some of the challenges (sexual assault cases) and the newer developments found in conferencing in Latin-America. The final section of the book consists of European perspectives on conferencing, exploring how some countries have developed conferencing more extensively (such as into the juvenile justice system), others are still in a starting-phase, whilst some have move conferencing outside of the justice system entirely. Impeccably researched and thoughtfully presented, Conferencing and Restorative Justice will be of interest to anyone involved in restorative justice practices, criminal justice and public policy.

Contents

1: Inge Vanfraechem and Estelle Zinsstag: Conferencing: Setting the scene
Part 1: Conferencing: Broadening the scope of restorative justice
2: Estelle Zinsstag: Conferencing: A developing restorative justice practice
3: Lode Walgrave: The need for clarity about restorative justice conferences
4: Joanna Shapland: Comparing conferencing and mediation: Some evaluation results internationally
5: Tim Chapman: 'That's how the light gets in': Facilitating restorative conferences
6: Heather Strang: Conferencing and victims
Part 2: Conferencing: Inception, challenges, and newer developments
7: Ashley Shearar and Gabrielle Maxwell: Revolution, decline, and renewal: Restorative youth justice in New Zealand
8: Kathleen Daly: Conferences and gendered violence: Practices, politics, and evidence
9: Joan Pennell and Elizabeth Beck: Decentralization and privatization: The promise and challenges of restorative justice in the United States
10: Daniela Bolivar, Leoberto Brancher, Ivan Navarro, and Manyori Vega: Conferencing in South America as an exercise of democracy? An exploration of the 'vertical' role of restorative justice
Part 3: Conferencing: European perspectives
11: Estelle Zinsstag and Tim Chapman: Conferencing in Northern Ireland: Implementing restorative justice at the core of the criminal justice system
12: Inge Vanfraechem, Katrien Lauwaert, and Melanie Decocq: Conferencing at the crossroads between rehabilitation and restorative justice
13: Anna Eriksson: Restorative justice in the welfare state: Conferencing in the Nordic countries
14: Rob Van Pagée, Jan Van Lieshout, and Annemieke Wolthuis: Most things look better when arranged in a circle - Family Group Conferencing empowers societal developments in The Netherlands
15: Ivo Aertsen: Conferencing: Conclusions and way forward

The Authors


Edited By

Edited by Estelle Zinsstag, Senior Researcher, Leuven Institute of Criminology, Catholic University Leuven, Belgium, and Inge Vanfraechem, Senior Researcher, Leuven Institute of Criminology, Catholic University Leuven, Belgium
Estelle Zinsstag is a senior researcher working on the European FP7 research project ALTERNATIVE. She has joined the Leuven Institute of Criminology in 2008 first as an affiliate, and then as a project officer for the European Forum for Restorative Justice to lead a 2 year research project funded by the European Commission and entitled 'Conferencing: a way forward for restorative justice in Europe', which ended in 2011. She publishes in the areas of sexual violence, transitional justice and restorative justice.
Inge Vanfraechem is project manager at the Leuven Institute of Criminology (KU Leuven, Belgium) of the European FP7 project ALTERNATIVE, which concerns security and restorative justice in intercultural settings. Previously, she has worked as a researcher at the National Institute of Criminal Sciences and Criminology (Ministry of Justice, Belgium) on the evaluation of national victim policy, and as a project coordinator with the European Forum for Restorative Justice on Victims and restorative justice. She publishes on restorative justice and victimology.
Contributors:
 
Professor Ivo Aertsen, KU Leuven Institute of Criminology, Belgium
Professor Elizabeth Beck, Director, Georgia State University School of Social Work Center for Community Social Work
Daniela Bolivar, Research Coordinator, European Forum for Restorative Justice, Leuven, Belgium
Leoberto Narciso Brancher, District Judge and Professor, Escola Superior da Magistratura do Estado do Rio Grande do Sul, Brasil
Tim Chapman, Lecturer on Masters in Restorative Practices, University of Ulster
Kathleen Daly, Professor of Criminology and Criminal Justice, Griffith University , Brisbane
Mélanie Decocq, Teaching Assistant and Researcher, School of Criminology, University of Liège, Belgium
Anna Eriksson, Senior Lecturer in Criminology, Monash University, Melbourne, Australia. Katrien Lauwaert, Lecturer, School of Criminology, University of Liège, Belgium
Dr Gabrielle Maxwell, Senior Associate, Institute of Policy Studies and former Director of the Crime and Justice Research Centre, Victoria University of Wellington, New Zealand.
Ivan Navarro Papic, Lawyer for the Mediation Unit, Ministry of Justice, Chile.
Joan Pennell, Professor of Social Work and Director, Center for Family and Community Engagement, North Carolina State University, USA
Joanna Shapland, Professor of Criminal Justice and Head of the School of Law, University of Sheffield, UK.
Ashley Shearar, PhD student, Victoria University of Wellington, New Zealand
Heather Strang, Director, Centre for Restorative Justice, Australian National University, and Deputy Director, Lee Centre of Experimental Criminology, Institute of Criminology, University of Cambridge, UK
Dr Inge Vanfraechem, Researcher, KU Leuven (Catholic University of Leuven), Institute of Criminology, Belgium
Jan van Lieshout, former Editor of Social Work Magazine, the Netherlands
Rob van Pagée, Social Worker and governing Board Member, Eigen Kracht Centrale, the Netherlands.
Manyori Vega Gutiérrez, Counsellor to Prosecutor's Office for juvenile restorative justice practices, Lima, Perú
Lode Walgrave, Emeritus Professor in Criminology, KU Leuven, Belgium
Annemieke Wolthuis, Senior Researcher, Verwey-Jonker Institute, the Netherlands.
Estelle Zinsstag, Senior Researcher, KU Leuven Institute of Criminology, Belgium.

More Information can be found at the Oxford University Website at

More Details of Conferencing and Restorative Justice - International Practices and Perspectives on the Oxford University website


Explaining Criminal Careers
Implications for Justice Policy
Clarendon Studies in Criminology
Edition: 1st
Format: Hardback
Authors: John F. MacLeod, Peter Grove, and David Farrington
ISBN: 978-0-19-969724-3
Publishers: Oxford University Press
Price: £60
Publication Date: 23rd August 2012

Publisher's Title Information

Presents a simple but influential theory of criminal careers using the Home Office Offenders Index, a unique database containing records of all criminal (standard list) convictions in England and Wales since 1963
The theory accurately predicts (to within 2%) the prison population contingent on a given sentencing policy
Suggests that increasing the probability of conviction after each offence is the most effective way of reducing crime, although there is a role for treatment programmes for some offenders
Includes comprehensive explanations of the formulae used and complete mathematical appendices facilitating further development of the theory
Explaining Criminal Careers presents a simple but influential theory of crime, conviction and reconviction. The assumptions of the theory are derived directly from a detailed analysis of cohort samples extracted from the Home Office Offenders Index - a unique database which contains records of all criminal (standard list) convictions in England and Wales since 1963. In particular, the theory explains the well-known Age/Crime curve.
 
Based on the idea that there are only three types of offenders, who commit crimes at either high or low (constant) rates and have either a high or low (constant) risk of reoffending, this simple theory makes exact quantitative predictions about criminal careers and age-crime curves. Purely from the birth-rate over the second part of the 20th century, the theory accurately predicts (to within 2%) the prison population contingent on a given sentencing policy. The theory also suggests that increasing the probability of conviction after each offence is the most effective way of reducing crime, although there is a role for treatment programmes for some offenders. The authors indicate that crime is influenced by the operation of the Criminal Justice System and that offenders do not 'grow out' of crime as commonly supposed; they are persuaded to stop or decide to stop after (repeated) convictions, with a certain fraction of offenders desisting after each conviction. Simply imprisoning offenders will not reduce crime either by individual deterrence or by incapacitation.
 
With comprehensive explanations of the formulae used and complete mathematical appendices allowing for individual interpretations and further development of the theory, Explaining Criminal Careers represents an innovative and meticulous investigation into criminal activity and the influences behind it. With clear policy implications and a wealth of original and significant discussions, this book marks a ground-breaking chapter in the criminological debate surrounding criminal careers.

Contents

1: Criminal Career Research, Mathematical Models, and Testing Quantitative Predictions from Theories
2: An Analysis of the Offenders Index
3: The Theory and a Simple Model
4: Criminal Careers of Serious, Less Serious, and Trivial Offenders
5: Is Age the Primary Influence on Offending?
6: Characteristics of Individuals
7: Applications for Managing the Criminal Justice System
8: Criminal Policy Implications
9: Summary and Conclusions
Appendix: Mathematical Notes

The Authors

John F. MacLeod, Visiting Scholar, Institute of Criminology, Cambridge University, Peter Grove, Senior Principal Analyst, Department of Health, UK, and David Farrington, Professor of Psychological Criminology, Institute of Criminology, Cambridge University
John F. MacLeod, currently a Visiting Scholar at the Institute of Criminology, Cambridge University, retired in 2007 from a long career as a government scientist. Whilst working for the Home Office he conducted research, analysis and modelling in support of criminal justice policy, with a particular interest in criminal careers.

Peter G. Grove previously worked for Home Office on a number of areas of quantitative criminology. This included acting as statistical advisor for the national evaluation of the effectiveness of CCTV and the British Crime Survey. In collaboration with John Macleod, he constructed a quantitative predictive theory of offending behaviour.

Reviews

"The authors of Explaining Criminal Careers bring to play sound expertise in psychology, statistics and mathematical modelling and after examining the validity of existing criminal career theories, they propose a new theory to explain offending, conviction and reconviction." - Sally Ramage, The Criminal Lawyer <
From the Foreword

The construct of a 'criminal career' is a powerful approach for accumulating rich knowledge about offenders and using that knowledge for developing rational policies for dealing with crime. This book makes a major advance in pulling together that knowledge and pointing to directions for improved use and for expanding that knowledge. The basic thrust of criminal career research is to look at the characteristics of individual offenders and to use that information for dealing with a particular individual, but also to look at aggregates of offenders and their collective characteristics for guidance on how criminal justice policies can best respond to their offending patterns.

The predominant structure of an individual criminal career looks first at the envelope of the offending pattern, the initiation and termination of the career, and then at the pattern of offences within that envelope. The characteristics of those offences would be the mix of crime types, their frequency, and the way that mix varies over the course of the career.

There are some clear relationships between these characteristics and policy choices by the criminal justice system. The interval between initiation and expected termination, or the duration of the career, should have an important influence on sentencing policy. In particular, it would make little sense for sentences to be longer than the residual duration, or the time from any point of intervention to expected termination. As one examines different offenders in terms of their threat to public safety, those with a highest offending frequency, especially of the most serious crime types, represent prime candidates for incarceration in order to achieve the largest crime reduction effect through incapacitation The authors of this volume have done an impressive job of analysing a large body of longitudinal UK data on individual criminal careers, have accumulated a prodigious amount of analytic insight into a wide variety of aggregate criminal career characteristics, and have gone well beyond criminal careers in the issues on which they have generated important understanding. Their volume is replete with a rich array of models on many aspects of individual criminal careers and aggregate implications of those careers. The results are strengthened by examining the careers in multiple cohorts drawn at different times, with a striking consistency of the results across the cohorts.

Professor Alfred Blumstein, H. John Heinz III College Carnegie-Mellon University,
Pittsburgh, PA


Lush Life
Constructing Organized Crime in the UK
Clarendon Studies in Criminology
Edition: 1st
Format: Hardback
Author: Dick Hobbs
ISBN: 978-0-19-966828-1
Publishers: Oxford University Press
Price: £65
Publication Date: 10 January 2013

Publisher's Title Information

The first ethnography of British organized crime to trace its history, as well as the sociology of its policing
Based on the author's involvement with an ethnographic site called 'Dogtown', a composite of several overlapping neighbourhoods in East London
Informed by rich ethnographic research and interviews with a range of characters within British organized crime, including robbers, dealers and criminal entrepreneurs
Considers the precursors to British organized crime and examines the careers of famous crime families such as the Krays and the Richardsons
Lush Life: Constructing Organized Crime in the UK opens 'the box marked do not open, too difficult to deal with', in the words of one Assistant Chief Constable, to explore the contested notion of British organized crime. The first book to trace the history and policing of British organized crime, it addresses how the interlocking processes of de-industrialisation, globalisation and neo-liberalism have normalised activity that was previously the exclusive domain of professional criminals.
 
With both historical and sociological analyses, informed by the author's long term connection to an ethnographic site called 'Dogtown', a composite of several overlapping neighbourhoods in East London, this book critically addresses clichés such as criminal underworlds and the notion of the criminal firm. It considers the precursors to British organized crime, as well as the careers of famous crime families such as the Krays and the Richardsons, alongside the emergence of specialised law enforcement institutions to deal with this newly discovered threat. It also focuses on the various ways in which violence functions within organised crime, the role of rumour in formulating order within crime networks, the social construction of organised crime, the development of the cosmopolitan criminal and the all-inclusive nature of the contemporary criminal community of practice. Permeating throughout is a discussion of the flexible nature of the criminal market, the constructed nature of the notion of organised crime, and the normalisation of criminality.
 
Underpinned by rich, context-specific examples, case studies, stories, and other qualitative evidence based on ethnographic research and interviews, Lush Life follows on from the author's work on normal crime (Doing the Business), and professional crime (Bad Business).

Contents

1: Introduction: Dubious Ideologues and Illegal Entrepreneurs
2: A Malady of Modernity: Constructing Organised Crime in the UK
3: Malignant Cosmopolitanism: Precursors of Organised Crime
4: Mutant Proletarians: Class and Territoriality
5: The Houses In-Between: The Neighbourhood Firm on a Shifting Terrain
6: Small Faces: Entrepreneurial Youth and the State of Dogtown
7: Populating the Underworld: Armed Robbery
8: The Same Money?: Locating the Entrepreneurial Habitas
9: A Sense of Order: Violence, Rumour and Gossip
10: The Cosmopolitan Criminal
11: Concluding: A Community of Practice

The Author

Dick Hobbs is Professor of Sociology and Director of the Criminology Centre at the University of Essex, and Professor of Sociology at the University of Western Sydney. He previously held Chairs at the University of Durham and the London School of Economics. An ethnographer by trade, he is sceptical of the rise of criminology and has published widely on the sociologies of deviance, of East London, organized and professional crime, the night-time economy and the 2012 Olympics. His previous publications include Doing the Business (Oxford, 1988), Bad Business (Oxford, 1995), and Bouncers (Oxford, 2003 with Philip Hadfield, Stuart Lister and Simon Winlow). He is currently working on a number of publications based upon the 2012 London Olympics, as well as a collaboration with 60s 'Face' Charlie Richardson. "Acutely observed, lucid, funny and always pointed, Dick Hobbs has unpicked the category of organised crime and re-written it as a demystified history of working class life. Lush Life is a classic." - Paul Gilroy, Professor of American and English Literature, Department of English Language and Literature, King's College London
"Giving us the central concept cosmopolitan criminal I read Dick Hobbs book in the same breath as a thriller. Lush Life combines in-depth knowledge, thorough analysis, great storytelling and inspiring vision. In short: social science at its cosmopolitan best." - Ulrich Beck, Professor of Sociology, University of Munich


'Grooming' and the Sexual Abuse of Children
Institutional, Internet, and Familial Dimensions
Clarendon Studies in Criminology
Edition: 1st
Format: Hardback
Author: Anne-Marie McAlinden
ISBN: 978-0-19-958372-0
Publishers: Oxford University Press
Price: £65
Publication Date: 13 December 2012

Publisher's title Information

Aids understanding of the role of the grooming process in child sexual abuse and what can be done to prevent it
Provides a critical overview of the key issues concerning sex offender treatment and management across a range of disciplines, including child protection, penal policy making, and the role of the media
Illustrates the various dimensions of the grooming process as experienced by professionals working with sex offenders in treatment and management processes
Includes a detailed examination of key recent legislative developments in the UK in relation to sex offender risk management
'Grooming' and the Sexual Abuse of Children: Institutional, Internet and Familial Dimensions critically examines the official and popular discourses on grooming, predominantly framed within the context of online sexual exploitation and abuse committed by strangers, and institutional child abuse committed by those in positions of trust.
 
Set against the broader theoretical framework of risk, security and governance, this book argues that due to the difficulties of drawing clear boundaries between innocuous and harmful motivations towards children, pre-emptive risk-based criminal law and policy are inherently limited in preventing, targeting and criminalising 'grooming' behaviour prior to the manifestation of actual harm. Through examination of grooming against the complexities of the onset of sexual offending against children and its actual role in this process, the author broadens existing discourses by providing a fuller, more nuanced conceptualisation of grooming, including its role in intra-familial and extra-familial contexts. There is also timely discussion of new and emerging forms of grooming, such as 'street' or 'localised' grooming, as typified by recent cases in Rochdale and Oldham, and 'peer-to-peer' grooming.
 
The first inter-disciplinary, thematic, and empirical investigation of grooming in a multi-jurisdictional context, 'Grooming' and the Sexual Abuse of Children draws on extensive empirical research in the form of over fifty interviews with professionals, working in the fields of sex offender risk assessment, management or treatment, as well as child protection or victim support in the four jurisdictions of the United Kingdom and the Republic of Ireland. Impeccably presented and meticulously considered, this book will be of interest to criminologists and those working and studying in the field of policing and criminal justice studies, as well as policy makers and practitioners in the areas of child protection and sex offender management.

Contents

PART I: THE THEORETICAL CONTEXT
1: Introduction
2: The Nature and Extent of Sexual Grooming
3: Legislative and Policy Frameworks on Sex Offender Risk Management
PART II: GROOMING PROCESSES AND PREVENTIVE POLICIES AND PROCEDURES
4: The Grooming of Children, Families and Communities
5: 'Institutional Grooming' and Abuse
6: Legislative and Policy Responses to Grooming
PART IV: FUTURE POLICY RESPONSES TO CHILD SEXUAL ABUSE
7: The Way Ahead: Prevention and Protection
8: Conclusion
Appendix 1: Research Methodology
Appendix 2: Interview Schedule

The Author

Anne-Marie McAlinden is Reader in Law in the School of Law, Queen's University Belfast. She has an LLB (1996) and an MSc in Criminology and Criminal Justice (with Distinction) (1997) from Queen's and was awarded her PhD from Queen's in 2002. She has held previous positions as both a Lecturer in Law and Lecturer in Criminology at the University of Ulster. She currently teaches Evidence and Sentencing and has published widely on the management of violent and sexual offenders and responses to child sexual abuse.
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