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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.Rebels at the Bar: The Fascinating, Forgotten Stories of America’s First Women Lawyers
Par Jill Norgren. 2013
An engaging history of women's rights and the legal profession in the nineteenth centuryLong before Sandra Day O'Connor and Ruth…
Bader Ginsberg earned their positions on the Supreme Court, they were preceded in their goal of legal excellence by several intrepid trailblazers. In Rebels at the Bar, prize-winning legal historian Jill Norgren recounts the life stories of a small group of nineteenth century women who were among the first female attorneys in the United States. Beginning in the late 1860s, these determined rebels pursued the radical ambition of entering the then all-male profession of law. They were motivated by a love of learning. They believed in fair play and equal opportunity. They desired recognition as professionals and the ability to earn a good living. Through a biographical approach, Norgren presents the common struggles of eight women first to train and to qualify as attorneys, then to practice their hard-won professional privilege. Their story is one of nerve, frustration, and courage. This first generation practiced civil and criminal law, solo and in partnership. The women wrote extensively and lobbied on the major issues of the day, but the professional opportunities open to them had limits. They never had the opportunity to wear the black robes of a judge. They were refused entry into the lucrative practices of corporate and railroad law. Although male lawyers filled legislatures and the Foreign Service, presidents refused to appoint these early women lawyers to diplomatic offices and the public refused to elect them to legislatures. Rebels at the Bar expands our understanding of both women’s rights and the history of the legal profession in the nineteenth century. It focuses on the female renegades who trained in law and then, like men, fought considerable odds to create successful professional lives. In this engaging and beautifully written book, Norgren shares her subjects’ faith in the art of the possible. In so doing, she ensures their place in history.Tax Compliance and Risk Management: Perspectives from Central and Eastern Europe (Routledge Research in Tax Law)
Par Piotr Karwat, Katarzyna Kimla-Walenda, Aleksander Werner. 2024
The concept of tax compliance is as old as the tax itself, but staying compliant with tax regulations has become…
increasingly demanding. A changing tax regulatory environment, resulting from regulatory actions of the OECD, the European Union and national governments, poses many problems for tax compliance awareness. This book explores various approaches to improving tax compliance. Starting with the procedures and processes that are at the centre of the debate, it includes the level of tax position security obtained as a result of cooperation between tax administration and an organisation, ending with tax compliance requirements imposed by one-sided action of tax administration. Offering an experience and evidence-based analysis of how tax compliance influences an organisation’s tax and financial position, the issues are examined from both a theoretical and a practical perspective, using empirical research and case studies with an international dimension for illustration. Emphasising a holistic approach to tax compliance and its role in tax risk management within an organisation, this study offers a framework for making the challenging task of tax compliance and risk management more effective and more efficient. Exploring tax compliance focusing on the tax world after the BEPS project and anti-tax evasion and anti-tax avoidance regulatory actions undertaken by the European Union and OECD, the book has a practical focus on tax system design within the organisation and will be of interest to students, researchers and practitioners working in the areas of tax law and tax compliance.The Psychology of Environmental Law (Psychology and the Law)
Par Arden Rowell, Kenworthey Bilz, Linda Demaine. 2021
Offers psychological insights into how people perceive, respond to, value, and make decisions about the environmentEnvironmental law may seem a…
strange space to seek insights from psychology. Psychology, after all, seeks to illuminate the interior of the human mind, while environmental law is fundamentally concerned with the exterior surroundings—the environment—in which people live.Yet psychology is a crucial, undervalued factor in how laws shape people’s interactions with the environment. Psychology can offer environmental law a rich, empirically informed account of why, when, and how people act in ways that affect the environment—which can then be used to more effectively pursue specific policy goals. When environmental law fails to incorporate insights from psychology, it risks misunderstanding and mispredicting human behaviors that may injure or otherwise affect the environment, and misprescribing legal tools to shape or mitigate those behaviors.The Psychology of Environmental Law provides key insights regarding how psychology can inform, explain, and improve how environmental law operates. It offers concrete analyses of the theoretical and practical payoffs in pollution control, ecosystem management, and climate change law and policy when psychological insights are taken into account.Read Peter's Op-ed on Trump's Immigration Ban in The New York TimesThe rise of dual citizenship could hardly have been…
imaginable to a time traveler from a hundred or even fifty years ago. Dual nationality was once considered an offense to nature, an abomination on the order of bigamy. It was the stuff of titanic battles between the United States and European sovereigns. As those conflicts dissipated, dual citizenship continued to be an oddity, a condition that, if not quite freakish, was nonetheless vaguely disreputable, a status one could hold but not advertise. Even today, some Americans mistakenly understand dual citizenship to somehow be “illegal”, when in fact it is completely tolerated. Only recently has the status largely shed the opprobrium to which it was once attached.At Home in Two Countries charts the history of dual citizenship from strong disfavor to general acceptance. The status has touched many; there are few Americans who do not have someone in their past or present who has held the status, if only unknowingly. The history reflects on the course of the state as an institution at the level of the individual. The state was once a jealous institution, justifiably demanding an exclusive relationship with its members. Today, the state lacks both the capacity and the incentive to suppress the status as citizenship becomes more like other forms of membership. Dual citizenship allows many to formalize sentimental attachments. For others, it’s a new way to game the international system. This book explains why dual citizenship was once so reviled, why it is a fact of life after globalization, and why it should be embraced today.The Unpredictable Constitution: Essential Writings And Speeches Of The Scholar-president
Par Norman Dorsen. 2001
The Unpredictable Constitution brings together a distinguished group of U.S. Supreme Court Justices and U.S. Court of Appeals Judges, who…
are some of our most prominent legal scholars, to discuss an array of topics on civil liberties. In thoughtful and incisive essays, the authors draw on decades of experience to examine such wide-ranging issues as how legal error should be handled, the death penalty, reasonable doubt, racism in American and South African courts, women and the constitution, and government benefits. Contributors: Richard S. Arnold, Martha Craig Daughtry, Harry T. Edwards, Ruth Bader Ginsburg, Betty B. Fletcher, A. Leon Higginbotham, Jr., Lord Irvine of Lairg, Jon O. Newman, Sandra Day O'Connor, Richard A. Posner, Stephen Reinhardt, and Patricia M. Wald.It is one of the unspoken truths of the American judicial system that courts go out of their way to…
avoid having to decide important and controversial issues. Even the Supreme Court from which the entire nation seeks guidance frequently engages in transparent tactics to avoid difficult, politically sensitive cases. The Court's reliance on avoidance has been inconsistent and at times politically motivated. For example, liberal New Deal Justices, responding to the activism of a conservative Court, promoted deference to Congress and the presidency to protect the Court from political pressure. Likewise, as the Warren Court recognized new constitutional rights, conservative judges and critics praised avoidance as a foundational rule of judicial restraint. And as conservative Justices have constituted the majority on the Court in recent years, many liberals and moderates have urged avoidance, for fear of disagreeable verdicts. By sharing the stories of litigants who struggled unsuccessfully to raise before the Supreme Court constitutional matters of the utmost importance from the 1970s-1990s, Playing it Safe argues that judges who fail to exercise their power in hard cases in effect abdicate their constitutional responsibility when it is needed most, and in so doing betray their commitment to neutrality. Lisa Kloppenberg demonstrates how the Court often avoids socially sensitive cases, such as those involving racial and ethnic discrimination, gender inequalities, abortion restrictions, sexual orientation discrimination, and environmental abuses. In the process, the Court ducks its responsibility to check the more politically responsive branches of government when "majority rule" pushes the boundaries of constitutional law. The Court has not used these malleable doctrines evenhandedly: it has actively shielded states from liability and national oversight, and aggressively expanded standing requirements to limit the role of federal courts.In this unique volume, James Hackney invites readers toenter the minds of 10 legal experts that in the late 20th…
century changed theway we understand and use theory in law today. True to the title of the book,Hackney spent hours in conversation with legal intellectuals, interviewing themabout their early lives as thinkers and scholars, their contributions toAmerican legal theory, and their thoughts regarding some fundamentaltheoretical questions in legal academe, particularly the law/politics debate. LegalIntellectuals in Conversation is a veritable “Who’sWho” of legal thought, presented in a sophisticated yetintimate manner.The Psychology of Tort Law (Psychology and the Law #2)
Par Jennifer Robbennolt, Valerie Hans. 2016
Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care.…
Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations that we owe to one another. Tort rules and procedures also generate significant controversy—most visibly in political debates over tort reform.The Psychology of Tort Law explores tort law through the lens of psychological science. Drawing on a wealth of psychological research and their own experiences teaching and researching tort law, Jennifer K. Robbennolt and Valerie P. Hans examine the psychological assumptions that underlie doctrinal rules. They explore how tort law influences the behavior and decision-making of potential plaintiffs and defendants, examining how doctors and patients, drivers, manufacturers and purchasers of products, property owners, and others make decisions against the backdrop of tort law. They show how the judges and jurors who decide tort claims are influenced by psychological phenomena in deciding cases. And they reveal how plaintiffs, defendants, and their attorneys resolve tort disputes in the shadow of tort law. Robbennolt and Hans here shed fascinating light on the tort system, and on the psychological dynamics which undergird its functioning.In Defense of Single-Parent Families
Par Nancy Dowd. 1999
Single-parent families succeed. Within these families children thrive, develop, and grow, just as they do in a variety of family…
structures. Tragically, they must do so in the face of powerful legal and social stigma that works to undermine them. As Nancy E. Dowd argues in this bold and original book, the justifications for stigmatizing single-parent families are founded largely on myths, myths used to rationalize harshly punitive social policies. Children, in increasing numbers, bear the brunt of those policies. In this generation, more than two-thirds of all children will spend some time in a single-parent family before reaching age 18. The damage done in the name of justified stigma, therefore, harms a great many children. Dowd details the primary justifications for stigmatizing single-parent families, marshalling an impressive array of resources about single parents that portray a very different picture of these families. She describes them in all their forms, with particular attention to the differential treatment given never-married and divorced single parents, and to the impact of gender, race, and class. Emphasizing that all families face significant conflicts between work and family responsibilities, Dowd argues many two-parent families, in fact, function as single-parent caregiving households. The success or failure of families, she contends, has little to do with form. Many of the problems faced by single-parent families mirror problems faced by all families. Illustrating the harmful impact of current laws concerning divorce, welfare, and employment, Dowd makes a powerful case for centering policy around the welfare and equality of all children. A thought-provoking examination of the stereotypes, realities and possibilities of single-parent families, In Defense of Single-Parent Families asks us to consider the true purpose or goal of a family.Winner, 2020 ACJS Outstanding Book Award, given by the Academy of Criminal Justice SciencesA major statement on the juvenile justice…
system by one of America’s leading expertsThe juvenile court lies at the intersection of youth policy and crime policy. Its institutional practices reflect our changing ideas about children and crime control. The Evolution of the Juvenile Court provides a sweeping overview of the American juvenile justice system’s development and change over the past century. Noted law professor and criminologist Barry C. Feld places special emphasis on changes over the last 25 years—the ascendance of get tough crime policies and the more recent Supreme Court recognition that “children are different.”Feld’s comprehensive historical analyses trace juvenile courts’ evolution though four periods—the original Progressive Era, the Due Process Revolution in the 1960s, the Get Tough Era of the 1980s and 1990s, and today’s Kids Are Different era. In each period, changes in the economy, cities, families, race and ethnicity, and politics have shaped juvenile courts’ policies and practices. Changes in juvenile courts’ ends and means—substance and procedure—reflect shifting notions of children’s culpability and competence.The Evolution of the Juvenile Court examines how conservative politicians used coded racial appeals to advocate get tough policies that equated children with adults and more recent Supreme Court decisions that draw on developmental psychology and neuroscience research to bolster its conclusions about youths’ reduced criminal responsibility and diminished competence. Feld draws on lessons from the past to envision a new, developmentally appropriate justice system for children. Ultimately, providing justice for children requires structural changes to reduce social and economic inequality—concentrated poverty in segregated urban areas—that disproportionately expose children of color to juvenile courts’ punitive policies.Historical, prescriptive, and analytical, The Evolution of the Juvenile Court evaluates the author’s past recommendations to abolish juvenile courts in light of this new evidence, and concludes that separate, but reformed, juvenile courts are necessary to protect children who commit crimes and facilitate their successful transition to adulthood.Americans Without Law: The Racial Boundaries of Citizenship
Par Mark Weiner. 2006
Americans Without Law shows how the racial boundaries of civic life are based on widespread perceptions about the relative capacity…
of minority groups for legal behavior, which Mark S. Weiner calls “juridical racialism.” The book follows the history of this civic discourse by examining the legal status of four minority groups in four successive historical periods: American Indians in the 1880s, Filipinos after the Spanish-American War, Japanese immigrants in the 1920s, and African Americans in the 1940s and 1950s.Weiner reveals the significance of juridical racialism for each group and, in turn, Americans as a whole by examining the work of anthropological social scientists who developed distinctive ways of understanding racial and legal identity, and through decisions of the U.S. Supreme Court that put these ethno-legal views into practice. Combining history, anthropology, and legal analysis, the book argues that the story of juridical racialism shows how race and citizenship served as a nexus for the professionalization of the social sciences, the growth of national state power, economic modernization, and modern practices of the self.The Imagined Juror: How Hypothetical Juries Influence Federal Prosecutors
Par Annelise Riles, Anna Offit. 2022
Examines the outsized influence of jurors on prosecutorial discretion Thanks to television and popular media, the jury is deeply embedded…
in the American public’s imagination of the legal system. For the country’s federal prosecutors, however, jurors have become an increasingly rare sight. Today, in fact, less than 2% of their cases will proceed to an actual jury trial. And yet, when federal prosecutors describe their jobs and what the profession means to them, the jury is a central theme. Anna Offit’s The Imagined Juror examines the counterintuitive importance of jurors in federal prosecutors’ work at a moment when jury trials are statistically in decline. Drawing on extensive field research among federal prosecutors, the book represents “the first ethnographic study of US attorneys,” according to legal scholar Annelise Riles. It describes a world of legal practice in which jurors are frequently summoned—as make-believe audiences for proposed arguments, hypothetical evaluators of evidence, and invented decision-makers who would work together to reach a verdict. Even the question of moving forward with a prosecution often hinges on how federal prosecutors assume a jury will react to elements of the case—an exercise where the perspectives of the public are imagined and incorporated into every stage of trial preparation.Based on these findings, Offit argues that the decreasing number of jury trials at the federal level has not eliminated the influence of the jury but altered it. As imaginary figures, jurors continue to play an important and understudied role in shaping the work and professional identities of federal prosecutors. At the same time, imaginary jurors are not real jurors, and prosecutors at times caricature the public by leaning on stereotypes or preconceived and simplistic ideas about how laypeople think. Imagined jurors, it turns out, are a critical, if flawed, resource for introducing lay perspective into the legal process. As Offit shows, recentering laypeople and achieving the democratic promise of our legal system will require renewed commitment to the jury trial and juries that reflect the diversity of the American public.Thomas Jefferson and the Wall of Separation Between Church and State (Critical America)
Par Daniel Dreisbach. 2002
The origins, controversial uses, and competing interpretations of Jefferson's famous remark—"wall of separation between church and state"No phrase in American…
letters has had a more profound influence on church-state law, policy, and discourse than Thomas Jefferson’s “wall of separation between church and state,” and few metaphors have provoked more passionate debate. Introduced in an 1802 letter to the Danbury, Connecticut Baptist Association, Jefferson’s “wall” is accepted by many Americans as a concise description of the U.S. Constitution’s church-state arrangement and conceived as a virtual rule of constitutional law. Despite the enormous influence of the “wall” metaphor, almost no scholarship has investigated the text of the Danbury letter, the context in which it was written, or Jefferson’s understanding of his famous phrase. Thomas Jefferson and the Wall of Separation Between Church and State offers an in-depth examination of the origins, controversial uses, and competing interpretations of this powerful metaphor in law and public policy.Busting the Mob: The United States v. Cosa Nostra
Par Christopher Panarella, Jay Worthington, James Jacobs. 1994
An examination of the forces and events that led to the most successful organized crime control initiatives in American historySince…
Prohibition, the Mafia has captivated the media and, indeed, the American imagination. From Al Capone to John Gotti, organized crime bosses have achieved notoriety as anti- heroes in popular culture. In practice, organized crime grew strong and wealthy by supplying illicit goods and services and by obtaining control over labor unions and key industries. Despite, or perhaps because of, its power and high profile, Cosa Nostra faced little opposition from law enforcement. Yet, in the last 15 years, the very foundations of the mob have been shaken, its bosses imprisoned, its profits diminished, and its influence badly weakened. In this vivid and dramatic book, James B. Jacobs, Christopher Panarella, and Jay Worthington document the government's relentless attack on organized crime. The authors present an overview of the forces and events that led in the 1980s to the most successful organized crime control initiatives in American history. Enlisting trial testimony, secretly taped conversations, court documents, and depositions, they document five landmark cases, representing the most important organized crime prosecutions of the modern era—Teamsters Local 560, The Pizza Connection, The Commission, the International Teamsters, and the prosecution of John Gotti.Answers the calls of grassroots communities pressing for integration and increased education funding with a complete rethinking of school disciplineIn…
the era of zero tolerance, we are flooded with stories about schools issuing draconian punishments for relatively innocent behavior. One student was suspended for chewing a Pop-Tart into the shape of a gun. Another was expelled for cursing on social media from home. Suspension and expulsion rates have doubled over the past three decades as zero tolerance policies have become the normal response to a host of minor infractions that extend well beyond just drugs and weapons. Students from all demographic groups have suffered, but minority and special needs students have suffered the most. On average, middle and high schools suspend one out of four African American students at least once a year. The effects of these policies are devastating. Just one suspension in the ninth grade doubles the likelihood that a student will drop out. Fifty percent of students who drop out are subsequently unemployed. Eighty percent of prisoners are high school drop outs. The risks associated with suspension and expulsion are so high that, as a practical matter, they amount to educational death penalties, not behavioral correction tools. Most important, punitive discipline policies undermine the quality of education that innocent bystanders receive as well—the exact opposite of what schools intend. Derek Black, a former attorney with the Lawyers’ Committee for Civil Rights Under Law, weaves stories about individual students, lessons from social science, and the outcomes of courts cases to unearth a shockingly irrational system of punishment. While schools and legislatures have proven unable and unwilling to amend their failing policies, Ending Zero Tolerance argues for constitutional protections to check abuses in school discipline and lays out theories by which courts should re-engage to enforce students’ rights and support broader reforms.The War on Drugs: A History
Par David Farber. 2021
A revealing look at the history and legacy of the "War on Drugs"Fifty years after President Richard Nixon declared a…
"War on Drugs," the United States government has spent over a trillion dollars fighting a losing battle. In recent years, about 1.5 million people have been arrested annually on drug charges—most of them involving cannabis—and nearly 500,000 Americans are currently incarcerated for drug offenses. Today, as a response to the dire human and financial costs, Americans are fast losing their faith that a War on Drugs is fair, moral, or effective.In a rare multi-faceted overview of the underground drug market, featuring historical and ethnographic accounts of illegal drug production, distribution, and sales, The War on Drugs: A History examines how drug war policies contributed to the making of the carceral state, racial injustice, regulatory disasters, and a massive underground economy. At the same time, the collection explores how aggressive anti-drug policies produced a “deviant” form of globalization that offered economically marginalized people an economic life-line as players in a remunerative transnational supply and distribution network of illicit drugs. While several essays demonstrate how government enforcement of drug laws disproportionately punished marginalized suppliers and users, other essays assess how anti-drug warriors denigrated science and medical expertise by encouraging moral panics that contributed to the blanket criminalization of certain drugs. By analyzing the key issues, debates, events, and actors surrounding the War on Drugs, this timely and impressive volume provides a deeper understanding of the role these policies have played in making our current political landscape and how we can find the way forward to a more just and humane drug policy regime.Multiracials and Civil Rights: Mixed-Race Stories of Discrimination
Par Tanya Hernandez. 2018
Narratives of mixed-race people bringing claims of racial discrimination in court, illuminating traditional understandings of civil rights law As the…
mixed-race population in the United States grows, public fascination with multiracial identity has promoted the belief that racial mixture will destroy racism. However, multiracial people still face discrimination. Many legal scholars hold that this is distinct from the discrimination faced by people of other races, and traditional civil rights laws built on a strict black/white binary need to be reformed to account for cases of discrimination against those identifying as mixed-race. In Multiracials and Civil Rights, Tanya Katerí Hernández debunks this idea, and draws on a plethora of court cases to demonstrate that multiracials face the same types of discrimination as other racial groups. Hernández argues that multiracial people are primarily targeted for discrimination due to their non-whiteness, and shows how the cases highlight the need to support the existing legal structures instead of a new understanding of civil rights law. The legal and political analysis is enriched with Hernández's own personal narrative as a mixed-race Afro-Latina. Coming at a time when explicit racism is resurfacing, Hernández’s look at multiracial discrimination cases is essential for fortifying the focus of civil rights law on racial privilege and the lingering legacy of bias against non-whites, and has much to teach us about how to move towards a more egalitarian society.