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Important Americans with Disabilities Act (ADA)‐related issues that derive from the case law are described and analyzed with the aim of providing guidance both for those responsible for establishing organizational policies, procedures, and practices.

A total of 50 influential court cases spanning the past ten years are reviewed and synthesized to better understand the current and future impact of the ADA.

Better understanding of ADA can help employers both avoid costly litigation and take advantage of a segment of the US labor market that has not yet been fully utilized.

This paper helps practitioner and researchers better understand the organizational implications of the ADA. Better understanding the current case law should lead to employer policies, procedures, and practices that facilitate the better utilization of the qualified disabled work force without compromising employer concerns related to productivity and other job‐related outcomes.

Purpose – To use insights from economic sociology to analyze how U.S. employment law understands and regulates the relationship between prison labor and conventional employment.

Methodology – Legal analysis of all published court opinions deciding whether federal employment laws such as the minimum wage apply to prison labor.

Findings – Courts decide whether prison labor is an “employment relationship” by deciding whether it is an “economic” relationship. Most interpret prison labor as noneconomic because they locate it in a nonmarket sphere of penal relationships. A minority of courts use a different conception of the economy, one which interprets prison labor as a form of nonmarket work.

Implications – The economic character of prison labor may be articulated using the same theoretical perspectives and analytical techniques developed to analyze family labor as economically significant nonmarket work. Doing so, however, too readily accepts the market/nonmarket distinction. Given the thoroughly social character of market work, prison labor's highly structured, institutionally specific character does not preclude characterizing it as market work, and some of its features support interpreting it as such.

In this legal context, identifying practices as economic or not, and as market or not, has concrete consequences for the actors themselves. Rather than using market/nonmarket distinctions as analytical tools, scholars might treat actors' designation of an economic practice as part of a market or not as a site of conflict, subject to institutionalization, and worthy of sociological study.

Hybrid forms of international criminal justice have been lauded for combining the political and procedural legitimacy of international tribunals with increased attention to the local contexts where mass crimes occurred. This work critically examines the hybrid legal structure of the Special Court for Sierra Leone, a novel post-conflict institution empowered to draw from both international and Sierra Leonean law. Although formally hybrid, the Court neglects domestic law in practice, suggesting that “hybridity” refers more to a rhetorical strategy aimed at legitimating its work than to its ontological status. By symbolically including and substantively excluding domestic law, the court's legal structure inadvertently resembles a colonial form of legal pluralism rather than a hybrid jurisdiction.

“Guantánamo lawyers” are a variegated group of lawyers from diverse practice settings, backgrounds, and beliefs. Drawing from interview and archival data, this chapter explores why these lawyers have mobilized to work on Guantánamo matters. What processes engender “heterogeneous mobilization” (i.e., mobilization from different practice settings, and diverse professional, as well as political backgrounds, and beliefs) of lawyers? What are the impacts of such mobilization on the work of lawyers? Adopting a social movement lens and a contemporary historical perspective, this chapter identifies lawyers’ perceptions of their role vis-à-vis the “rule of law” as the most significant cross-cutting motivation for participation. The overlap in human rights orientation of legal nongovernmental organizations (NGOs) and the legal academy, and the corporate pro bono practice at top law firms, facilitates collaborative lawyering between lawyers. Despite some potential limitations of such collaborations, heterogeneous mobilization appears to contribute, at least in the case of Guantánamo, to a greater likelihood of resistance by lawyers to the retreat from individual rights in the name of national security.

The new Fair Trading measure aims at the establishment of a strong, bioadly‐based central direction of consumer protection; a new Director‐General of Fair Trading with wide responsibilities “for protecting consumers” with authority to “make proposals for the exercise of order‐making powers in relation to trading practices which adversely affect consumer interests”, and “to act against those who persistently follow a course of conduct unfair to consumers”. This supremo is to work closely with the Monopolies and Mergers Commission and the Restrictive Practices Board, and no less than five junior Ministers are to be given special responsibilities for protecting consumer interests, handling these aspects of the new system in their own departments.

The UK Government’s’ “modernisation” programme has impacted and will continue to impact on the Law courts and judiciary procedures. Explores these impacts in seven areas: judicial independence; quality of service; cost‐effectiveness; democracy; efficiency; speed; and government as the driver.

Mental health courts (MHCs) may enable better support for people with intellectual disabilities (ID) within the criminal justice system (CJS) but little evaluative empirical evidence is available regarding their operation. The purpose of this paper is to explore professional perceptions of the challenges of including people with ID in a targeted services court (TSC) designed for people with mental health issues and ID.

Information was gathered, via interviews and focus groups, from 46 professionals working with people with mental health issues and ID within the TSC. Data were analysed by using thematic network analysis.

Findings highlight the neglect and lack of inclusion of people with ID within the TSC processes, with challenges in identifying people with ID, stakeholder awareness, inconsistent adapting of practices for people with ID and information transfer underpinned by the involvement of numerous organisations with differing agendas.

Although valued, development of a TSC, including people with ID, was a challenging endeavour and may reflect societal and institutional neglect of people with ID, recommendations are provided.

This study adds to the few investigations that have considered the process of including people with ID in a TSC from the perspective of those working in the CJS.

In January 2013, new court procedure rules were introduced in England and Wales, which resulted in significant changes to the instruction of expert witness psychologists (EWPsychs). This study aims to build on the results of previous survey studies of psychologists working as expert witnesses in identifying the current challenges faced by EWPsychs.

Using a mixed-methods design, a sample 58 practicing psychologist expert witnesses were surveyed, and qualitative data was analysed using a thematic analysis approach.

Six overarching themes emerged from the online survey data: training and knowledge, changes to procedure rules and Legal Aid Authority fees, quality of reports, pressures to change opinion, conflict with EWPsychs and expert witness feedback. Over a third of psychologists working as expert witness have not received specific expert witness training, with a quarter of respondents indicating that the capped legal aid fees are a determining factor in whether they accept instruction as an expert witness, and almost two-third of respondents believing that the legal aid rates do not accurately reflect the work that they do.

There is clear demand for high-quality EWPsychs and a need to develop expert witness training programmes and guidance documents to better support the next generation of EWPsychs.

These results inform existing policy, clinical practice and guidance documents in supporting psychologists working as expert witnesses.

This paper aims to explore the role of public and private international law and how they are used differently in regulation of global markets. Data were sourced from both primary and secondary materials – journal papers, court decisions, textbooks and international legal instruments to gain insights into the role of law and the varied contexts in which it is used in regulation of markets. In an ordinary sense of the word, law sets operational limits to protect normative values and practices in a state – trade, peace, security, just to mention but a few. However, law cannot be confined to deterring undesired behaviours or to settling disputes, but more importantly, a good law should prevent disputes from happening. Law dictates the way of life of a society and its efficacy often depends on how well it is used to order the proper functioning of the system. International law is the set of rules which govern and foster effective relations of states. The paper explores the chasm between public and private international law, with a view to demonstrate how they are used differently in regulation of markets. Public and private international law encompass norms evolved by multilateral treaties, customs, judicial decisions, model laws and soft law instruments by different oversight bodies governing states and other stakeholders in their relationship with each other. These norms/rules create a platform for interstate cooperation on varied regulatory issues of shared interests. While treaties create a uniform framework of rules in all signatory states, their implementation often depends on individual states willingness to transpose them into national law. Owing to the inherent challenges of public international law (interstate practice), it has become imperative for markets to use rules of private international law. While public regulates the relationship of states and their emanation, private international law helps to bridge gaps in the mainstream international legal systems of states and in so doing enhances their co-existence on overlapping regulatory issues. The engendered trans-national norms will over time generate a positive impact on local sustainability and co-existence of different regulatory domains.

This paper uses cases studies and experiences of countries to demonstrate the complimentary relationship of public and private international law and how they work in tandem in international legal practice. The paper has also used the varied experiences of states to demonstrate how public and private international law interact in regulation of global markets. Data were sourced from both primary and secondary sources – journal papers, court decisions, textbooks and international legal instruments – to gain insights into the law and the varied contexts in regulation of markets. The case law and experience of states alluded to undertaking this research reflect the complimentary relationship of states for markets to operate effectively.

The findings of the paper comport with the hypothesis that markets cannot effectively work unless they are pursued within the framework of rules of public and private international law. The paper has alluded to the experience in national jurisdictions and global to highlight the chasm between different regulatory domains for markets to operate effectively. The paper articulates important practical issues relating to public and private international law in regulations of markets.

The practical implication of the paper is that it underscores significant legal issues relating to regulation of markets drawing examples within national jurisdictions and globally.

The paper has social implications because markets affect people, jobs and social life in varied ways. It addresses pertinent issues related to the complementarity of public and private international law and how they are manifested in national jurisdictions.

The paper is original because it nuances the interrelationship of public and private international law, teasing out their interaction in regulation of global markets in a distinctive way.

Little is known about the strategies used by state courts during the appropriations process. This article examines court budgetary practices in the state of Oklahoma. It reveals how court funding works in Oklahoma, what strategies are used by the state courts, and which factors are most important in determining the success of the courts in getting the funds they need. It shows that the judiciary is not necessarily at the mercy of the other branches of government when seeking resources. The findings provide the first glimpse at court budgeting strategies and determinants of these strategies’ success at the state level.