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How Americans came to fear street crime too much—and corporate crime too littleHow did the United States go from being…
a country that tries to rehabilitate street criminals and prevent white-collar crime to one that harshly punishes common lawbreakers while at the same time encouraging corporate crime through a massive deregulation of business? Why do street criminals get stiff prison sentences, a practice that has led to the disaster of mass incarceration, while white-collar criminals, who arguably harm more people, get slaps on the wrist—if they are prosecuted at all? In Who Are the Criminals?, one of America's leading criminologists provides new answers to these vitally important questions by telling how the politicization of crime in the twentieth century transformed and distorted crime policymaking and led Americans to fear street crime too much and corporate crime too little.John Hagan argues that the recent history of American criminal justice can be divided into two eras--the age of Roosevelt (roughly 1933 to 1973) and the age of Reagan (1974 to 2008). A focus on rehabilitation, corporate regulation, and the social roots of crime in the earlier period was dramatically reversed in the later era. In the age of Reagan, the focus shifted to the harsh treatment of street crimes, especially drug offenses, which disproportionately affected minorities and the poor and resulted in wholesale imprisonment. At the same time, a massive deregulation of business provided new opportunities, incentives, and even rationalizations for white-collar crime—and helped cause the 2008 financial crisis and subsequent recession.The time for moving beyond Reagan-era crime policies is long overdue, Hagan argues. The understanding of crime must be reshaped and we must reconsider the relative harms and punishments of street and corporate crimes. In a new afterword, Hagan assesses Obama's policies regarding the punishment of white-collar and street crimes and debates whether there is any evidence of a significant change in the way our country punishes them.Racial Culture: A Critique
Par Richard T. Ford. 2004
What is black culture? Does it have an essence? What do we lose and gain by assuming that it does,…
and by building our laws accordingly? This bold and provocative book questions the common presumption of political multiculturalism that social categories such as race, ethnicity, gender, and sexuality are defined by distinctive cultural practices. Richard Ford argues against law reform proposals that would attempt to apply civil rights protections to "cultural difference." Unlike many criticisms of multiculturalism, which worry about "reverse discrimination" or the erosion of core Western cultural values, the book's argument is primarily focused on the adverse effects of multicultural rhetoric and multicultural rights on their supposed beneficiaries. In clear and compelling prose, Ford argues that multicultural accounts of cultural difference do not accurately describe the practices of social groups. Instead these accounts are prescriptive: they attempt to canonize a narrow, parochial, and contestable set of ideas about appropriate group culture and to discredit more cosmopolitan lifestyles, commitments, and values. The book argues that far from remedying discrimination and status hierarchy, "cultural rights" share the ideological presuppositions, and participate in the discursive and institutional practices, of racism, sexism, and homophobia. Ford offers specific examples in support of this thesis, in diverse contexts such as employment discrimination, affirmative action, and transracial adoption. This is a major contribution to our understanding of today's politics of race, by one of the most distinctive and important young voices in America's legal academy.Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme…
Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.The Next Justice: Repairing the Supreme Court Appointments Process
Par Christopher L. Eisgruber. 2007
The Supreme Court appointments process is broken, and the timing couldn't be worse--for liberals or conservatives. The Court is just…
one more solid conservative justice away from an ideological sea change--a hard-right turn on an array of issues that affect every American, from abortion to environmental protection. But neither those who look at this prospect with pleasure nor those who view it with horror will be able to make informed judgments about the next nominee to the Court--unless the appointments process is fixed now. In The Next Justice, Christopher Eisgruber boldly proposes a way to do just that. He describes a new and better manner of deliberating about who should serve on the Court--an approach that puts the burden on nominees to show that their judicial philosophies and politics are acceptable to senators and citizens alike. And he makes a new case for the virtue of judicial moderates.Long on partisan rancor and short on serious discussion, today's appointments process reveals little about what kind of judge a nominee might make. Eisgruber argues that the solution is to investigate how nominees would answer a basic question about the Court's role: When and why is it beneficial for judges to trump the decisions of elected officials? Through an examination of the politics and history of the Court, Eisgruber demonstrates that pursuing this question would reveal far more about nominees than do other tactics, such as investigating their views of specific precedents or the framers' intentions.Written with great clarity and energy, The Next Justice provides a welcome exit from the uninformative political theater of the current appointments process.The Evolution of a Nation: How Geography and Law Shaped the American States (The Princeton Economic History of the Western World #37)
Par Daniel Berkowitz, Karen B. Clay. 2012
Although political and legal institutions are essential to any nation's economic development, the forces that have shaped these institutions are…
poorly understood. Drawing on rich evidence about the development of the American states from the mid-nineteenth to the late twentieth century, this book documents the mechanisms through which geographical and historical conditions--such as climate, access to water transportation, and early legal systems--impacted political and judicial institutions and economic growth. The book shows how a state's geography and climate influenced whether elites based their wealth in agriculture or trade. States with more occupationally diverse elites in 1860 had greater levels of political competition in their legislature from 1866 to 2000. The book also examines the effects of early legal systems. Because of their colonial history, thirteen states had an operational civil-law legal system prior to statehood. All of these states except Louisiana would later adopt common law. By the late eighteenth century, the two legal systems differed in their balances of power. In civil-law systems, judiciaries were subordinate to legislatures, whereas in common-law systems, the two were more equal. Former civil-law states and common-law states exhibit persistent differences in the structure of their courts, the retention of judges, and judicial budgets. Moreover, changes in court structures, retention procedures, and budgets occur under very different conditions in civil-law and common-law states. The Evolution of a Nation illustrates how initial geographical and historical conditions can determine the evolution of political and legal institutions and long-run growth.All Politics Is Global: Explaining International Regulatory Regimes
Par Daniel W. Drezner. 2009
Has globalization diluted the power of national governments to regulate their own economies? Are international governmental and nongovernmental organizations weakening…
the hold of nation-states on global regulatory agendas? Many observers think so. But in All Politics Is Global, Daniel Drezner argues that this view is wrong. Despite globalization, states--especially the great powers--still dominate international regulatory regimes, and the regulatory goals of states are driven by their domestic interests. As Drezner shows, state size still matters. The great powers--the United States and the European Union--remain the key players in writing global regulations, and their power is due to the size of their internal economic markets. If they agree, there will be effective global governance. If they don't agree, governance will be fragmented or ineffective. And, paradoxically, the most powerful sources of great-power preferences are the least globalized elements of their economies. Testing this revisionist model of global regulatory governance on an unusually wide variety of cases, including the Internet, finance, genetically modified organisms, and intellectual property rights, Drezner shows why there is such disparity in the strength of international regulations.School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state…
issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. This, the first of two volumes by historian and legal scholar James Hitchcock, provides the first comprehensive exploration of the Supreme Court's approach to religion, offering a close look at every case, including some that scholars have ignored. Hitchcock traces the history of the way the Court has rendered important decisions involving religious liberty. Prior to World War II it issued relatively few decisions interpreting the Religious Clauses of the Constitution. Nonetheless, it addressed some very important ideas, including the 1819 Dartmouth College case, which protected private religious education from state control, and the Mormon polygamy cases, which established the principle that religious liberty was restricted by the perceived good of society. It was not until the 1940s that a revolutionary change occurred in the way the Supreme Court viewed religion. During that era, the Court steadily expanded the scope of religious liberty to include many things that were probably not intended by the framers of the Constitution, and it narrowed the permissible scope of religion in public life, barring most kinds of public aid to religious schools and forbidding almost all forms of religious expression in the public schools. This book, along with its companion volume, From "Higher Law" to "Sectarian Scruples," offers a fresh analysis of the Court's most important decisions in constitutional doctrine. Sweeping in range, it paints a detailed picture of the changing relationship between religion and the state in American history.The Dark Sides of Virtue: Reassessing International Humanitarianism
Par David Kennedy. 2005
In this provocative and timely book, David Kennedy explores what can go awry when we put our humanitarian yearnings into…
action on a global scale--and what we can do in response. Rooted in Kennedy's own experience in numerous humanitarian efforts, the book examines campaigns for human rights, refugee protection, economic development, and for humanitarian limits to the conduct of war. It takes us from the jails of Uruguay to the corridors of the United Nations, from the founding of a non-governmental organization dedicated to the liberation of East Timor to work aboard an aircraft carrier in the Persian Gulf. Kennedy shares the satisfactions of international humanitarian engagement--but also the disappointments of a faith betrayed. With humanitarianism's new power comes knowledge that even the most well-intentioned projects can create as many problems as they solve. Kennedy develops a checklist of the unforeseen consequences, blind spots, and biases of humanitarian work--from focusing too much on rules and too little on results to the ambiguities of waging war in the name of human rights. He explores the mix of altruism, self-doubt, self-congratulation, and simple disorientation that accompany efforts to bring humanitarian commitments to foreign settings. Writing for all those who wish that "globalization" could be more humane, Kennedy urges us to think and work more pragmatically. A work of unusual verve, honesty, and insight, this insider's account urges us to embrace the freedom and the responsibility that come with a deeper awareness of the dark sides of humanitarian governance.The Household: Informal Order around the Hearth
Par Robert C. Ellickson. 2008
Some people dwell alone, many in family-based households, and an adventuresome few in communes. The Household is the first book…
to systematically lay bare the internal dynamics of these and other home arrangements. Legal underpinnings, social considerations, and economic constraints all influence how household participants select their homemates and govern their interactions around the hearth. Robert Ellickson applies transaction cost economics, sociological theory, and legal analysis to explore issues such as the sharing of household output, the control of domestic misconduct, and the ownership of dwelling units. Drawing on a broad range of historical and statistical sources, Ellickson contrasts family-based households with the more complex arrangements in medieval English castles, Israeli kibbutzim, and contemporary cohousing communities. He shows that most individuals, when structuring their home relationships, pursue a strategy of consorting with intimates. This, he asserts, facilitates informal coordination and tends ultimately to enhance the quality of domestic interactions. He challenges utopian critics who seek to enlarge the scale of the household and legal advocates who urge household members to rely more on written contracts and lawsuits. Ellickson argues that these commentators fail to appreciate the great advantages in the home setting of informally associating with a handful of trusted intimates. The Household is a must-read for sociologists, economists, lawyers, and anyone interested in the fundamentals of domestic life.Civil Procedure: A Coursebook (Aspen Casebook)
Par Joseph W. Glannon, Andrew M. Perlman, Peter Raven-Hansen. 2021
Civil Procedure: A Coursebook offers students doctrinal clarity without sacrificing analytical rigor or glossing over ambiguities. The book's accessibility, organization,…
and interior design support its innovative pedagogy making it the ideal text for any civil procedure course. New to the Fourth Edition: •New case treatment of personal jurisdiction in the Internet context. •New cases and materials for affirmative defenses (qualified immunity), class certification (stop and frisk policy), summary judgment (police shooting/qualified immunity), and issue preclusion (official misconduct), helping students connect procedure to current social issues. •New case treatment of proportionality in discovery. Professors and student will benefit from: •Nearly all questions asked are answered in the book •Each chapter includes mini table of contents at beginning and summary of fundamentals at end •Each case prefaced by accessible introduction •Interior design and graphics support innovative pedagogyProblems in Contract Law: Cases and Materials (Aspen Casebook)
Par Charles L. Knapp, Nathan M. Crystal, Harry G. Prince, Danielle K. Hart, Joshua M. Silverstein. 2023
Problems in Contract Law: Cases and Materials, by Charles L. Knapp, Nathan M. Crystal, Harry G. Prince, Danielle K. Hart,…
and Joshua M. Silverstein, includes cases with notes and explanatory text, additional commentary, essay, and short-answer problems, and multiple-choice review questions for each chapter. The cases selected are a balance of traditional and contemporary that reflect the development and complexity of contract law. Explanatory notes and text place the classic and newer decisions in their larger legal context. Questions and problems provide opportunities to practice core legal skills and encourage students to explore the relationship between theory and practice. This successful book is well known for approaching contract law and theory from multiple perspectives and using a variety of contractual settings. Adaptable for instructors with different pedagogical philosophies, Problems in Contract Law can easily be used in teaching by traditional case analysis, through problem-based instruction, or using theoretical inquiry.The Journal of Law and Economics, volume 66 number 4 (November 2023)
Par The Journal of Law and Economics. 2023
This is volume 66 issue 4 of The Journal of Law and Economics. Established in 1958, the Journal of Law…
and Economics publishes research on a broad range of topics, including the economic analysis of law, the economic analysis of regulation and the behavior of regulated firms, industrial organization and antitrust policy, the political economy of legislation and legislative processes, law and finance, and corporate finance and governance. The JLE has published some of the most influential and widely cited articles in these areas. It is an invaluable resource for academics and those interested in cutting-edge analysis of current public policy issues.Social Media and Tax Law (Routledge Research in Tax Law)
Par Alara Efsun Yazıcıoğlu. 2024
The tax implications of social media are numerous and highly debated, spanning such issues as the taxation of influencers, digital…
barter, and digital services taxes. This book offers a detailed overall analysis of the tax implications of social media, taking into consideration the unique characteristics of social media platforms and companies. Offering a comprehensive overview of tax law as it relates to the specificities of social media, the book examines taxation of influencers, taxation of social media companies, value added tax implications of the digital barter, the role that can be played by Pigouvian taxes in the field of social media, as well as the employment of social media as a tool for tax compliance. Widespread use of social media along with the proliferation of new social media platforms demonstrate the importance of social media tax law, and this book will be an important resource for tax administrations, lawyers, and researchers.Local Responses to Mine Closure in South Africa: Dependencies and Social Disruption (Routledge Studies of the Extractive Industries and Sustainable Development)
Par Sethulego Matebesi, Lochner Marais, Verna Nel. 2024
This book investigates mine closure and local responses in South Africa, linking dependencies and social disruption. Mine closure presents a…
major challenge to the mining industry and government policymakers globally, but particularly in the Global South. South Africa is experiencing notable numbers of mine closures, and this book explores the notion of social disruption, a concept often applied to describe the effects of mine growth on communities but often neglecting the impact of mine closures. The book begins with three theoretical chapters that discuss theory, closure cost frameworks and policy development in South Africa. It uses evolutionary governance theory to show how mining creates dependencies and how mining growth often blinds communities and governments to the likelihood of closure. Too easily, mining goes ahead with no concern for the possibility, or indeed inevitability, of eventual closure and how mining communities will cope. These impacts are showcased through eight place-based case studies from across South Africa, one focusing on mine workers, to demonstrate that mine closure causes significant social disruption. This book will be of interest to students and scholars researching the social impacts of mining and the extractive industries, social geography and sustainable development, as well as policymakers and practitioners working with mine closure and social impact assessments.Hazing (Ragging) at Universities: A Legal Perspective
Par Aashish Srivastava, Neerav Srivastava, D. K. Srivastava. 2023
This is the first socio-legal multi-jurisdictional study on hazing (ragging). This book considers four countries: the USA, India, Sri Lanka,…
and Australia. It states the legal position, identifies lacunas in law, and proposes possible legal solutions. Unfortunately, laws, regulations, and policies have failed to stamp out hazing from university campuses and residential colleges. Hazing has spiralled out of control in a number of countries. It has descended into a cruel, barbaric, and inhuman practice. The number of students subjected to hazing and sexual abuse is alarming. According to a 2022 survey, more than half (53%) of American students who were part of a fraternity or sorority experienced hazing. Students are murdered, harmed, abused, and suffer long-term trauma. The prevention of hazing is one of the most important responsibilities of 21st century universities. The theme of the book is that universities are in the best position to protect students from hazing and must play a vital role. As a sociological study, the book also considers why hazing occurs and what can be done to prevent it. Without engaging with the underlying causes, legal punitive measures continue to address the symptom rather than the cause. The book, therefore, explores how a more innovative approach to regulation can help tackle the cause. The book will be of interest to policy makers, regulators at universities, education and legal academics, and personal injury lawyers.States of Emergency and Human Rights Protection: The Theory and Practice of the Visegrad Countries
Par Monika Florczak-Wątor, Fruzsina Gárdos-Orosz, Jan Malíř, and Max Steuer. 2024
Emergencies are ubiquitous in 21st-century societal discourses. From the rise of emergency pronouncements in the United States since 9/11 accompanied…
by the associated violations of fundamental rights, through talks of ‘crises’ in the EU in relation to the economy, Putin’s occupation of Crimea (as recently amplified by the full-scale invasion of Ukraine) or refugees, to the long-neglected looming climate catastrophe, emergency discourses have been catapulted to the centre of attention by the critical juncture of the COVID-19 pandemic. This volume presents and compares the existing regulations and practices of emergencies and human rights protection in the Visegrad (V4) countries. As such, the analysis covers Czech Republic, Hungary, Poland, and Slovakia. Although these European countries share a common historical experience and are now members of the EU and NATO, they differ in some of their constitutional traditions and, also, in the dynamics of their political regimes. Divided into three parts, the first two comprehensively discuss the constitutional models of emergency and human rights protection in each of the V4 countries, while the third part illustrates how these models and the general framework of rights protection materialised in the limitations of the selected human rights during the COVID-19 pandemic. The volume provides a compass for more in-depth, comparative, and interdisciplinary inquiries into the forms and practices of emergencies in one of the EU regions that faces illiberalisation and the consequences of the ongoing invasion of Ukraine by the Russian Federation on its eastern borders. It will be a valuable resource for academics, researchers, and policymakers working in the areas of Constitutional Law and Politics.This book focuses on the testimonial evidence of traumatised witnesses in trials of international crimes, which deal with acts of…
genocide, war crimes and crimes against humanity. Such trials often involve the testimonies of those who experienced or witnessed extremely traumatic events, which can make it hard for these witnesses to recall specific details. Testifying during trial may in itself also pose challenges to their well-being. Yet the legal process of determining whether someone can be held criminally responsible for the alleged crimes needs to be fair, in accordance with the right to a fair trial of the accused, and the facts need to be determined as accurately as possible. This book argues that to ensure fair and accurate fact-finding when in particular traumatised witnesses testify, a balance needs to be struck between the needs of witnesses who testify about traumatic experiences, the fair trial rights of the accused and the objective of the court to establish as accurately as possible the responsibility of the accused. This is crucial throughout the stages of selecting, preparing, presenting and assessing the testimonial evidence of traumatised witnesses. The methodology involves an analysis of transcripts of proceedings and case law of the International Criminal Tribunal for the former Yugoslavia, the International Criminal Court and Dutch courts prosecuting international crimes. The research demonstrates that it is often difficult to strike a balance between the competing objectives during proceedings when traumatised witnesses testify due to the current lack of regulations and guidelines applicable during investigations and prosecutions. This book shows that this balance can, and should, be achieved when traumatised witnesses testify during criminal proceedings for international crimes. The work is an invaluable resource for researchers, academics and practitioners in criminal law, criminology, legal psychology, legal psychiatry, social anthropology and forensic sciences.Fulfilling the Pledge: Securing Industrial Democracy for American Workers in a Digital Economy
Par Roger C. Hartley. 2023
An insightful and evidence-based assessment of our urgent need to enact labor law reform—and how to achieve it.Millions of non-union…
workers want unionization, but our current labor-management relations law conspires to deny them meaningful opportunities to secure collective workplace representation. The resulting low rates of collective bargaining impose economic, political, and social costs on us all. In Fulfilling the Pledge, Roger Hartley addresses the plight of American workers, who face a grim, uncertain future, as the digital workplace reshapes the hierarchical post–World War II industrial relations system that once gave workers a voice. Through empirical evidence and the lens of law and policy, Hartley examines what industrial sociologists call the chronic &“representation gap&” and clarifies how a wide-ranging movement could build a vocal constituency for the congressional enactment of labor law reform.The pledge made in the 1935 National Labor Relations Act to encourage establishment of industrial democracy—where workers possess a voice in their places of work—remains unfulfilled. Speaking to policymakers, scholars, historians, and the average citizen, Fulfilling the Pledge makes a compelling case for collective workplace representation that serves the greater good, even as American labor relations law continues to undermine collective bargaining by workers and becomes an increasingly significant political and social issue.Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between…
the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. This volume accurately and systematically examines the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre. To explore the diversity and measure the strength of judicial decisions, the contributors to this work have elaborated a methodology to give a more nuanced picture of the practice of constitutional adjudication in Central and Eastern Europe between 1990 and 2020. The work opens with an assessment of the existing literature on empirical analysis of judicial decisions with a special focus on the Central and Eastern European region, and a short summary of the methodology of the project. This is followed by ten country studies and a concluding chapter providing a comprehensive comparative analysis of the results. A further nine countries are explored in the counterpart volume to this book: Constitutional Review in Western Europe: Judicial-Legislative Relations in Comparative Perspective. The collection will be an invaluable resource for those working in the areas of empirical legal research and comparative constitutional law, as well as political scientists interested in judicial politics.Animal Lives Matter: The Continuing Quest for Justice
Par Raymond Wacks. 2024
Animal Lives Matter provides a comprehensive analysis of the legal, philosophical, and ethical aspects of animal rights. It argues that…
the subject extends beyond the matter of our obligations towards animals, to include our wider responsibilities for protecting the environment. Drawing on numerous moral, political, legal, religious, and philosophical theories including utilitarianism, deontology, rights theory, social contractarianism, and the capabilities approach, the author meticulously examines the questions of sentience, speciesism, personhood, and human exceptionalism. Lucid, nuanced, and academically rigorous, this important book will be an essential resource for scholars of law, politics, philosophy, ethics, as well as policy makers and the general reader.