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Girls on the Stand: How Courts Fail Pregnant Minors
Par Helena Silverstein. 1916
Choice Outstanding Academic Title for 2008The U.S. Supreme Court has decided that states may require parental involvement in the abortion…
decisions of pregnant minors as long as minors have the opportunity to petition for a “bypass” of parental involvement. To date, virtually all of the 34 states that mandate parental involvement have put judges in charge of the bypass process. Individual judges are thereby responsible for deciding whether or not the minor has a legitimate basis to seek an abortion absent parental participation. In this revealing and disturbing book, Helena Silverstein presents a detailed picture of how the bypass process actually functions.Silverstein led a team of researchers who surveyed more than 200 courts designated to handle bypass cases in three states. Her research shows indisputably that laws are being routinely ignored and, when enforced, interpreted by judges in widely divergent ways. In fact, she finds audacious acts of judicial discretion, in which judges structure bypass proceedings in a shameless and calculated effort to communicate their religious and political views and to persuade minors to carry their pregnancies to term. Her investigations uncover judicial mandates that minors receive pro-life counseling from evangelical Christian ministries, as well as the practice of appointing attorneys to represent the interests of unborn children at bypass hearings.Girls on the Stand convincingly demonstrates that safeguards promised by parental involvement laws do not exist in practice and that a legal process designed to help young women make informed decisions instead victimizes them. In making this case, the book casts doubt not only on the structure of parental involvement mandates but also on the naïve faith in law that sustains them. It consciously contributes to a growing body of books aimed at debunking the popular myth that, in the land of the free, there is equal justice for all.Questions of religious freedom continue to excite passionate public debate. Proposals involving school prayer and the posting of the Ten…
Commandments in schools and courtrooms perennially spur controversy. But there is also a sense that the prevailing discourse is exhausted, that no one seems to know how to think about religious freedom in a way that moves beyond our stale, counterproductive thinking on this issue. In Getting over Equality, Steven D. Smith, one of the most important voices now writing about religious liberty, provocatively contends that we must get over our presumption mistakenly believed to be rooted in the Constitution that all religions are equally true and virtuous and "authentically American." Smith puts forth an alternative view, that the courts should promote an ideal of tolerance rather than equality and neutrality. Examining such controversial examples as the animal sacrifice case, the peyote case, and the problem of aid to parochial schools, Smith delineates a way for us to tolerate and respect contrary creeds without sacrificing or diluting our own beliefs and without pretending to believe in a spurious "equality" among the variety of diverse faiths.Feminist Legal History: Essays on Women and Law
Par Tracey Boisseau, Tracy Thomas. 2011
Attuned to the social contexts within which laws are created, feminist lawyers, historians, and activists have long recognized the discontinuities…
and contradictions that lie at the heart of efforts to transform the law in ways that fully serve women’s interests. At its core, the nascent field of feminist legal history is driven by a commitment to uncover women’s legal agency and how women, both historically and currently, use law to obtain individual and societal empowerment.Feminist Legal History represents feminist legal historians’ efforts to define their field, by showcasing historical research and analysis that demonstrates how women were denied legal rights, how women used the law proactively to gain rights, and how, empowered by law, women worked to alter the law to try to change gendered realities. Encompassing two centuries of American history, thirteen original essays expose the many ways in which legal decisions have hinged upon ideas about women or gender as well as the ways women themselves have intervened in the law, from Elizabeth Cady Stanton’s notion of a legal class of gender to the deeply embedded inequities involved in Ledbetter v. Goodyear, a 2007 Supreme Court pay discrimination case.Contributors: Carrie N. Baker, Felice Batlan, Tracey Jean Boisseau, Eileen Boris, Richard H. Chused, Lynda Dodd, Jill Hasday, Gwen Hoerr Jordan, Maya Manian, Melissa Murray, Mae C. Quinn, Margo Schlanger, Reva Siegel, Tracy A. Thomas, and Leti VolppUnfit for Democracy: The Roberts Court and the Breakdown of American Politics
Par Stephen Gottlieb. 2016
Asked if the country was governed by a republic or a monarchy, Benjamin Franklin replied, “A republic, if you can…
keep it.”Since its founding, Americans have worked hard to nurture and protect their hard-won democracy. And yet few consider the role of constitutional law in America’s survival. In Unfit for Democracy, Stephen Gottlieb argues that constitutional law without a focus on the future of democratic government is incoherent—illogical and contradictory. Approaching the decisions of the Roberts Court from political science, historical, comparative, and legal perspectives, Gottlieb highlights the dangers the court presents by neglecting to interpret the law with an eye towards preserving democracy.A senior scholar of constitutional law, Gottlieb brings a pioneering will to his theoretical and comparative criticism of the Roberts Court. The Roberts Court decisions are not examined in a vacuum but instead viewed in light of constitutional politics in India, South Africa, emerging Eastern European nations, and others. While constitutional decisions abroad have contributed to both the breakdown and strengthening of democratic politics, decisions in the Roberts Court have aggravated the potential destabilizing factors in democratic governments. Ultimately, Unfit for Democracy calls for an interpretation of the Constitution that takes the future of democracy seriously. Gottlieb warns that the Roberts Court’s decisions have hurt ordinary Americans economically, politically, and in the criminal process. They have damaged the historic American melting pot, increased the risk of anti-democratic paramilitaries, and clouded the democratic future.The Psychological Foundations of Evidence Law (Psychology and the Law #1)
Par Michael Saks, Barbara Spellman. 2016
Identifies and evaluates the psychological choices implicit in the rules of evidenceEvidence law is meant to facilitate trials that are…
fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study.The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses’ reliability. But without a thorough grounding in psychology, is the “common sense” of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed?Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law’s goals.The Price of Paradise: The Costs of Inequality and a Vision for a More Equitable America
Par David Troutt. 2014
American communities are facing chronic problems: fiscal stress, urban decline, environmental sprawl, mass incarceration, political isolation, disproportionate foreclosures and severe…
public health risks. In The Price of Paradise, David Troutt argues that it is a lack of mutuality in our local decision making that has led to this looming crisis facing cities and local governments. Arguing that there are structural flaws in the American dream, Troutt investigates the role that place plays in our thinking and how we have organized our communities to create or deny opportunity. Legal rules and policies that promoted mobility for most citizens simultaneously stifled and segregated a growing minority by race, class and—most importantly—place. A conversation about America at the crossroads, The Price of Paradise is a multilayered exploration of the legal, economic and cultural forces that contribute to the squeeze on the middle class, the hidden dangers of growing income and wealth inequality and the literature on how growth and consumption patterns are environmentally unsustainable.Gender, Psychology, and Justice: The Mental Health of Women and Girls in the Legal System (Psychology and Crime #6)
Par Corinne Datchi, Julie Ancis. 2017
Reveals how gender intersects with race, class, and sexual orientation in ways that impact the legal status and well-being of…
women and girls in the justice system. Women and girls’ contact with the justice system is often influenced by gender-related assumptions and stereotypes. The justice practices of the past 40 years have been largely based on conceptual principles and assumptions—including personal theories about gender—more than scientific evidence about what works to address the specific needs of women and girls in the justice system. Because of this, women and girls have limited access to equitable justice and are increasingly caught up in outdated and harmful practices, including the net of the criminal justice system. Gender, Psychology, and Justice uses psychological research to examine the experiences of women and girls involved in the justice system. Their experiences, from initial contact with justice and court officials, demonstrate how gender intersects with race, class, and sexual orientation to impact legal status and well-being. The volume also explains the role psychology can play in shaping legal policy, ranging from the areas of corrections to family court and drug court. Gender, Psychology, and Justice provides a critical analysis of girls’ and women’s experiences in the justice system. It reveals the practical implications of training and interventions grounded in psychological research, and suggests new principles for working with women and girls in legal settings.Mobsters, Unions, and Feds: The Mafia and the American Labor Movement
Par James Jacobs. 2006
The first book to document organized crime’s exploitation of organized labor and the massive federal cleanup effortNowhere in the world…
has organized crime infiltrated the labor movement as effectively as in the United States. Yet the government, the AFL-CIO, and the civil liberties community all but ignored the situation for most of the twentieth century. Since 1975, however, the FBI, Department of Justice, and the federal judiciary have relentlessly battled against labor racketeering, even in some of the nation's most powerful unions.Mobsters, Unions, and Feds is the first book to document organized crime's exploitation of organized labor and the massive federal cleanup effort. A renowned criminologist who for twenty years has been assessing the government's attack on the Mafia, James B. Jacobs explains how Cosa Nostra families first gained a foothold in the labor movement, then consolidated their power through patronage, fraud, and violence and finally used this power to become part of the political and economic power structure of Twentieth century urban America.Since FBI Director J. Edgar Hoover's death in 1972, federal law enforcement has aggressively investigated and prosecuted labor racketeers, as well as utilized the civil remedies provided for by the Racketeer Influenced and Corrupt Organization (RICO) statute to impose long-term court-supervised remedial trusteeships on mobbed-up unions. There have been some impressive victories, including substantial progress toward liberating the four most racketeer-ridden national unions from the grip of organized crime, but victory cannot yet be claimed.The only book to investigate how the mob has exploited the American labor movement, Mobsters, Unions, and Feds is the most comprehensive study to date of how labor racketeering evolved and how the government has finally resolved to eradicate it.Just Medicine: A Cure for Racial Inequality in American Health Care
Par Dayna Matthew. 2015
Offers an innovative plan to eliminate inequalities in American health care and save the lives they endangerOver 84,000 black and…
brown lives are needlessly lost each year due to health disparities: the unfair, unjust, and avoidable differences between the quality and quantity of health care provided to Americans who are members of racial and ethnic minorities and care provided to whites. Health disparities have remained stubbornly entrenched in the American health care system—and in Just Medicine Dayna Bowen Matthew finds that they principally arise from unconscious racial and ethnic biases held by physicians, institutional providers, and their patients.Implicit bias is the single most important determinant of health and health care disparities. Because we have missed this fact, the money we spend on training providers to become culturally competent, expanding wellness education programs and community health centers, and even expanding access to health insurance will have only a modest effect on reducing health disparities. We will continue to utterly fail in the effort to eradicate health disparities unless we enact strong, evidence-based legal remedies that accurately address implicit and unintentional forms of discrimination, to replace the weak, tepid, and largely irrelevant legal remedies currently available.Our continued failure to fashion an effective response that purges the effects of implicit bias from American health care, Matthew argues, is unjust and morally untenable. In this book, she unites medical, neuroscience, psychology, and sociology research on implicit bias and health disparities with her own expertise in civil rights and constitutional law. In a time when the health of the entire nation is at risk, it is essential to confront the issues keeping the health care system from providing equal treatment to all.A Death at Crooked Creek: The Case of the Cowboy, the Cigarmaker, and the Love Letter
Par Marianne Wesson. 2013
"This is anextraordinary and ground-breaking book, a wonderfully creative mix of fact andtheory, imagination and drama. Anyone with an interest…
in law, history, or, forthat matter, great storytelling will fall in love with A Death at Crooked Creek. The startling origin of the complex'intention exception' to the hearsay evidence rule becomes canvas on which agrand and marvelously detailed tale is told. This is modern narrative at itsbest: a marriage of spectacular writing and hard, documented truth presented bya brilliant author who doubles as a gifted and fastidious legal scholar andhistorian."—Andrew Popper,American UniversityOne winter night in1879, at a lonely Kansas campsite near Crooked Creek, a man was shot to death.The dead man’s traveling companion identified him as John Hillmon, a cowboyfrom Lawrence who had been attempting to carve out a life on the blusteryprairie. The case might have been soon forgotten and the apparent widow, SallieHillmon, left to mourn—except for the $25,000 life insurance policies Hillmonhad taken out shortly before his departure. The insurance companies refused topay on the policies, claiming that the dead man was not John Hillmon, andSallie was forced to take them to court in a case that would reach the SupremeCourt twice. The companies’ case rested on a crucial piece of evidence: a fadedlove letter written by a disappeared cigarmaker, declaring his intent to travelwestward with a “man named Hillmon.”In A Death atCrooked Creek, Marianne Wesson re-examines the long-neglected evidence inthe case of the Kansas cowboy and his wife, recreating the court scenes thatled to a significant Supreme Court ruling on the admissibility of hearsayevidence. Wesson employs modern forensic methods to examine the body of thedead man, attempting to determine his true identity and finally put thisfascinating mystery to rest.This engaging andvividly imagined work combines the drama, intrigue, and emotion of excellentstorytelling with cutting-edge forensic investigation techniques and legaltheory. Wesson’s superbly imagined A Death at Crooked Creek willhave general readers, history buffs, and legal scholars alike wondering whetherhistory, and the Justices, may have misunderstood altogether the events at thatbleak winter campsite.The United States, and the West in general, has always organized society along bipolar lines. We are either gay or…
straight, male or female, white or not, disabled or not. In recent years, however, America seems increasingly aware of those who defy such easy categorization. Yet, rather than being welcomed for the challenges that they offer, people living the gap are often ostracized by all the communities to which they might belong. Bisexuals, for instance, are often blamed for spreading AIDS to the heterosexual community and are regarded with suspicion by gays and lesbians. Interracial couples are rendered invisible through monoracial recordkeeping that confronts them at school, at work, and on official documents. In Hybrid, Ruth Colker argues that our bipolar classification system obscures a genuine understanding of the very nature of subordination. Acknowledging that categorization is crucial and unavoidable in a world of practical problems and day-to-day conflicts, Ruth Colker shows how categories can and must be improved for the good of all.The Smart Culture: Society, Intelligence, and Law (Critical America #3)
Par Robert Hayman Jr.. 1997
What exactly is intelligence? Is it social achievement? Professional success? Is it common sense? Or the number on an IQ…
test? Interweaving engaging narratives with dramatic case studies, Robert L. Hayman, Jr., has written a history of intelligence that will forever change the way we think about who is smart and who is not. To give weight to his assertion that intelligence is not simply an inherent characteristic but rather one which reflects the interests and predispositions of those doing the measuring, Hayman traces numerous campaigns to classify human intelligence. His tour takes us through the early craniometric movement, eugenics, the development of the IQ, Spearman's "general" intelligence, and more recent works claiming a genetic basis for intelligence differences. What Hayman uncovers is the maddening irony of intelligence: that "scientific" efforts to reduce intelligence to a single, ordinal quantity have persisted--and at times captured our cultural imagination--not because of their scientific legitimacy, but because of their longstanding political appeal. The belief in a natural intellectual order was pervasive in "scientific" and "political" thought both at the founding of the Republic and throughout its nineteenth-century Reconstruction. And while we are today formally committed to the notion of equality under the law, our culture retains its central belief in the natural inequality of its members. Consequently, Hayman argues, the promise of a genuine equality can be realized only when the mythology of "intelligence" is debunked--only, that is, when we recognize the decisive role of culture in defining intelligence and creating intelligence differences. Only culture can give meaning to the statement that one person-- or one group--is smarter than another. And only culture can provide our motivation for saying it. With a keen wit and a sharp eye, Hayman highlights the inescapable contradictions that arise in a society committed both to liberty and to equality and traces how the resulting tensions manifest themselves in the ways we conceive of identity, community, and merit.Anthropology and Law: A Critical Introduction
Par Sally Merry, Mark Goodale. 2017
An introduction to the anthropology of law that explores the connections between law, politics, and technologyFrom legal responsibility for genocide…
to rectifying past injuries to indigenous people, the anthropology of law addresses some of the crucial ethical issues of our day. Over the past twenty-five years, anthropologists have studied how new forms of law have reshaped important questions of citizenship, biotechnology, and rights movements, among many others. Meanwhile, the rise of international law and transitional justice has posed new ethical and intellectual challenges to anthropologists. Anthropology and Law provides a comprehensive overview of the anthropology of law in the post-Cold War era. Mark Goodale introduces the central problems of the field and builds on the legacy of its intellectual history, while a foreword by Sally Engle Merry highlights the challenges of using the law to seek justice on an international scale. The book’s chapters cover a range of intersecting areas including language and law, history, regulation, indigenous rights, and gender. For a complete understanding of the consequential ways in which anthropologists have studied, interacted with, and critiqued, the ways and means of law, Anthropology and Law is required reading.Must We Defend Nazis?: Why the First Amendment Should Not Protect Hate Speech and White Supremacy
Par Richard Delgado, Jean Stefancic. 1997
A controversial argument for reconsidering the limits of free speech Swirling in the midst of the resurgence of neo-Nazi demonstrations,…
hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis? In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech. Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently. As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside clichés that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.Seriatim: The Supreme Court Before John Marshall
Par Scott Gerber. 1998
Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded…
as the "father of the Supreme Court" and "the jurist who started it all." Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible--in fact necessary--to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his or her particular subject. They examine such influential justices as John Jay, John Rutledge, William Cushing, James Wilson, John Blair, James Iredell, William Paterson, Samuel Chase, Oliver Ellsworth, and Bushrod Washington. The result is a fascinating window onto the origins of the most powerful court in the world, and on American constitutionalism itself.Manifest Destinies, Second Edition: The Making of the Mexican American Race
Par Laura Gómez. 2018
An essential resource for understanding the complex history of Mexican Americans and racial classification in the United States Manifest Destinies…
tells the story of the original Mexican Americans—the people living in northern Mexico in 1846 during the onset of the Mexican American War. The war abruptly came to an end two years later, and 115,000 Mexicans became American citizens overnight. Yet their status as full-fledged Americans was tenuous at best. Due to a variety of legal and political maneuvers, Mexican Americans were largely confined to a second class status. How did this categorization occur, and what are the implications for modern Mexican Americans?Manifest Destinies fills a gap in American racial history by linking westward expansion to slavery and the Civil War. In so doing, Laura E Gómez demonstrates how white supremacy structured a racial hierarchy in which Mexican Americans were situated relative to Native Americans and African Americans alike. Steeped in conversations and debates surrounding the social construction of race, this book reveals how certain groups become racialized, and how racial categories can not only change instantly, but also the ways in which they change over time.This new edition is updated to reflect the most recent evidence regarding the ways in which Mexican Americans and other Latinos were racialized in both the twentieth and early twenty-first centuries. The book ultimately concludes that it is problematic to continue to speak in terms Hispanic “ethnicity” rather than consider Latinos qua Latinos alongside the United States’ other major racial groupings. A must read for anyone concerned with racial injustice and classification today. Listen to Laura Gómez's interviews on The Brian Lehrer Show, Wisconsin Public Radio, Texas Public Radio, and KRWG.Juveniles possess less maturity, intelligence, andcompetence than adults, heightening their vulnerability in the justice system.For this reason, states try juveniles…
in separate courts and use differentsentencing standards than for adults. Yet, when police bring kids in forquestioning, they use the same interrogation tactics they use for adults,including trickery, deception, and lying to elicit confessions or to produceincriminating evidence against the defendants.In Kids, Cops, and Confessions, Barry Feld offers thefirst report of what actually happens when police question juveniles. Drawingon remarkable data, Feld analyzes interrogation tapes and transcripts, policereports, juvenile court filings and sentences, and probation and sentencingreports, describing in rich detail what actually happens in the interrogationroom. Contrasting routine interrogation and false confessions enables police,lawyers, and judges to identify interrogations that require enhanced scrutiny,to adopt policies to protect citizens, and to assure reliability and integrityof the justice system. Feld has produced an invaluable look at how the justicesystem really works.Choice Outstanding Academic Title 2003 Personal rights, such as the right to procreateor notand the right to die generate endless…
debate. This book maps out the legal, political, and ethical issues swirling around personal rights. Howard Ball shows how the Supreme Court has grappled with the right to reproduce and to abort, and takes on the issue of auto-euthanasia and assisted suicide, from Karen Ann Quinlan through Kevorkian and just recently to the Florida case of the woman who was paralyzed by a gunshot from her mother and who had the plug pulled on herself. For the last half of the twentieth century, the justices of the Supreme Court have had to wrestle with new and difficult life and death questions for them as well as for doctors and their patients, medical ethicists, sociologists, medical practitioners, clergy, philosophers, law makers, and judges. The Supreme Court in the Intimate Lives of Americans offers a look at these issues as they emerged and examines the manner in which the men and women of the U.S. Supreme Court addressed them.Forgotten Trials of the Holocaust
Par Michael Bazyler, Frank Tuerkheimer. 2014
In the wake of the Second World War, how were the Allies torespond to the enormous crime of the Holocaust?…
Even in an ideal world, itwould have been impossible to bring all the perpetrators to trial.Nevertheless, an attempt was made to prosecute some. This book uncovers ten “forgotten trials” of the Holocaust,selected from the many Nazi trials that have taken place over the course of thelast seven decades. It showcases how perpetrators of the Holocaust were dealtwith in courtrooms around the world, revealing how differentlegal systems responded to the horrors of the Holocaust. The book provides agraphic picture of the genocidal campaign against the Jews through eyewitnesstestimony and incriminating documents and traces how the public memory of theHolocaust was formed over time.The Communicator's Guide to Media Law and Ethics: A Handbook for Australian Professionals
Par Mark Pearson. 2024
This book offers an introduction to the key legal and ethical topics confronting Australian journalists and strategic communicators both at…
home and internationally and offers a suite of reflective techniques for navigating them. It starts by positioning morals, ethics, and the law in their historical and philosophical frameworks by tracing the evolution of free expression and professional media ethics. Media law and ethics are then contextualized in their modern international human rights framework. Readers are equipped with a skill set for reflecting on the law and ethics of professional media dilemmas – including mindful reflection, the Potter Box, journaling, concept mapping, and discussion. Such approaches are then applied to key topic areas, including free expression; reputation; confidentiality; privacy; justice; intellectual property; national security; discrimination and harassment; and conflicted interests. Each is examined in terms of its philosophical underpinnings, relationship to human rights, professional ethical context, international examples, legal principles, key Australian laws, legal cases, and strategies for applying reflective practice techniques. It concludes on a confident note – imploring communicators to engage in constructive and mindful strategic communication with the authority and confidence that results from a working knowledge of media law and ethics. This handbook is for professional communicators and students in all fields, but particularly in journalism, public relations, corporate communication, media relations, and marketing.