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Articles 16861 à 16880 sur 19946
Par George I. Lovell, Michael W. McCann. 2020
Laborers in American West Coast agricultural fields and Alaska salmon canneries. There, they found themselves confined to exploitative low-wage jobs…
in racially segregated workplaces as well as subjected to vigilante violence and other forms of ethnic persecution. In time, though, Filipino workers formed political organizations and affiliated with labor unions to represent their interests and to advance their struggles for class, race, and gender-based social justice. Union by Law analyzes the broader social and legal history of Filipino American workers’ rights-based struggles, culminating in the devastating landmark Supreme Court ruling, Wards Cove Packing Co. v. Atonio (1989). Organized chronologically, the book begins with the US invasion of the Philippines and the imposition of colonial rule at the dawn of the twentieth century. The narrative then follows the migration of Filipino workers to the United States, where they mobilized for many decades within and against the injustices of American racial capitalist empire that the Wards Cove majority willfully ignored in rejecting their longstanding claims. This racial innocence in turn rationalized judicial reconstruction of official civil rights law in ways that significantly increased the obstacles for all workers seeking remedies for institutionalized racism and sexism. A reclamation of a long legacy of racial capitalist domination over Filipinos and other low-wage or unpaid migrant workers, Union by Law also tells a story of noble aspirational struggles for human rights over several generations and of the many ways that law was mobilized both to enforce and to challenge race, class, and gender hierarchy at work.Par Sonali Chakravarti. 2014
What is the relationship between anger and justice, especially when so much of our moral education has taught us to…
value the impartial spectator, the cold distance of reason? Ina"Sing the Rage," Sonali Chakravarti wrestles with this question through a careful look at the emotionally charged South African Truth and Reconciliation Commission, which afrom 1996 to 1998 saw, day after day, individuals taking the stand to speakOCoto cry, scream, and wailOCoabout the atrocities of apartheid. Uncomfortable and surprising, these public emotional displays, she argues, proved to be of immense value, vital to the success of transitional justice and future political possibilities. aaaaaaaaaaaChakravarti takes up the issue from Adam Smith and Hannah Arendt, who famously understood both the dangers of anger in politics and the costs of its exclusion. Building on their perspectives, she argues that the expression and reception of anger reveal truths otherwise unavailable to us about the emerging political order, the obstacles to full civic participation, and indeed the limitsOCothe frontiersOCoof political life altogether. Most important, anger and the development of skills needed to truly listen to it foster trust among citizens and recognition of shared dignity and worth. An urgent work of political philosophy in an era of continued revolution, a"Sing the Rage"aoffers a clear understanding of one of our most volatileOCoand importantOCopolitical responses. "Par Michael Avery, Danielle McLaughlin. 2013
Over the last thirty years, the Federalist Society for Law and Public Policy Studies has grown from a small group…
of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House. Today the Society claims that 45,000 conservative lawyers and law students are involved in its activities. Four Supreme Court Justices--Antonin Scalia, Clarence Thomas, John Roberts, and Samuel Alito--are current or former members. Every single federal judge appointed in the two Bush presidencies was either a Society member or approved by members. During the Bush years, young Federalist Society lawyers dominated the legal staffs of the Justice Department and other important government agencies. The Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Its membership includes economic conservatives, social conservatives, Christian conservatives, and libertarians, who differ with each other on significant issues, but who cooperate in advancing a broad conservative agenda. How did this happen? How did this group of conservatives succeed in moving their theories into the mainstream of legal thought? What is the range of positions of those associated with the Federalist Society in areas of legal and political controversy? The authors survey these stances in separate chapters on • regulation of business and private property • race and gender discrimination and affirmative action • personal sexual autonomy, including abortion and gay rights • American exceptionalism and international lawPar Firmin Debrabander. 2015
Possibly the most emotionally charged debate taking place in the United States today centers on the Second Amendment to the…
Constitution and the rights of citizens to bear arms. In the wake of the Sandy Hook school massacre in Connecticut, the gun rights movement, headed by the National Rifle Association, appears more intractable than ever in its fight against gun control laws. The core argument of Second Amendment advocates is that the proliferation of firearms is essential to maintaining freedom in America, providing private citizens with a defense against possible government tyranny, and thus safeguarding all our other rights. But is this argument valid? Do guns indeed make us free? In this insightful and eye-opening analysis, the first philosophical examination of every aspect of the contentious and uniquely American debate over guns, Firmin DeBrabander examines the claims offered in favor of unchecked gun ownership. By exposing the contradictions and misinterpretations inherent in the case presented by gun rights supporters, this provocative volume demonstrates that an armed society is not a free society but one that actively hinders democratic participation.Par Maya Schenwar. 2014
Through the stories of prisoners and their families, including her own family's experiences, Maya Schenwar shows how the institution that…
locks up 2.3 million Americans and decimates poor communities of color is shredding the ties that, if nurtured, could foster real collective safety. As she vividly depicts here, incarceration takes away the very things that might enable people to build better lives. But looking toward a future beyond imprisonment, Schenwar profiles community-based initiatives that successfully deal with problems--both individual harm and larger social wrongs--through connection rather than isolation, moving toward a safer, freer future for all of us.Par Alan R. Warren. 2018
A &“riveting account of guilt versus innocence&” from the bestselling author and host of the true crime radio show House…
of Mystery (Aphrodite Jones, New York Times bestselling author). It was a shattering death bed confession by a heartbroken mother. But would it solve the oldest cold case murder case in American jurisprudence? In January 1994, Eileen Tessier told Jack McCullough&’s half-sister Janet Tessier that he, her son, kidnapped 7-year-old Maria Ridulph from their neighborhood in Sycamore, Illinois, and killed her in December 1957. It was a case that tore the child&’s family apart, as well as dividing and terrifying the town as the days, then the months, and finally the years passed with no arrest. In 2008 the Illinois State police reopened the case against Jack after receiving an email from Janet Tessier about their mother&’s deathbed confession. After the Illinois State police interviewed Janet and learned that Jack had also been accused of raping their other sister, Jeanne Tessier, they reopened the case. But would reopening the case solve the question of who killed Maria Ridulph? And was McCullough the killer? In The Last Man Standing, true crime author Alan Warren writes in exacting detail about the kidnapping, murder and subsequent investigations—both in 1957 and 2008—that eventually led to the murder conviction of Jack McCullough. But the story doesn&’t stop there as it delves into the years McCullough spent in prison and the efforts to have his conviction overturned. Was McCullough the brutal killer of a little girl? Or was he the last man standing when the justice system decided he needed to pay for the crime? You decide.Par Emily Crawford, Alison Pert, Ben Saul. 2023
Public international law is a global legal system which regulates the conduct of countries and other actors. Public International Law…
offers Australian students a comprehensive and accessible introduction to international law. Covering the fundamental topics of international law – including treaties, use of force and dispute settlement – this text also discusses specialised branches such as humanitarian law, criminal law and environmental law. The key principles and theories of international law are clearly explained and analysed, and their application is illustrated by succinct, carefully chosen extracts from cases and materials. These sources strike a balance between key international cases and important cases from domestic legal systems. Discussion questions at the end of each chapter encourage students to apply and test their understanding of each topic, while a glossary of key terms clearly explains complex concepts. Written by an expert author team, Public International Law is a fundamental resource for Australian students of international law.Par Marc Trabsky. 2024
This book examines how legal institutions reify the value of death in the twenty-first century. Its starting point is…
that bio-technological innovations have extended life to such an extent that death has become an epistemological problem for legal institutions. It explores how legal definitions of death are subject to the governing logic of economisation, how legal technologies for registering a death reshape what kind of deaths are counted during a pandemic, and how technologies for recycling cadaveric tissue problematise the legal status of the corpse. The question that unites each chapter is how legal institutions respond to technologies that bring death before their laws. The book argues for an interdisciplinary approach, informed by the writings of Georges Bataille, Wendy Brown, Georges Canguilhem and Michel Foucault, to understand how legal epistemologies are increasingly disrupted, challenged, and countered by technologies that repurpose death to extend, nourish and foster human life. It contends that legal theorists and social scientists need to rethink doctrinal perspectives of law when theorising how law defines the moment of death, shapes what kind of deaths count, and recycles the debris of the dead. This book will appeal to a broad international readership with research interests in critical theory, political theory, legal theory or death studies; and it will be particularly useful for teachers and students who are searching for an accessible entry point to the study of the intersections between law and death.Par Sara Fovargue, Craig Purshouse. 2024
Health and healthcare are vitally important to all of us, and academic interest in the law regulating health has, over…
the last 50 years, become an important field of academic study. An analysis of the development of, changes in, and scope of health law and ethics to date, is both timely and of interest to students and scholars alike, along with an exploration of its likely future development. This work brings together contributions from leading and emerging scholars in the field. Each contributor has been invited to select and analyse a ‘leading work’, which has for them shed light on the way that health law and ethics has developed. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field. This collection also includes a specially written Introduction and Conclusion, which critically reflect upon the development of health law and ethics and its likely future developments in the light of the reflections by contributors on their chosen leading works. The book will be of interest to students, teachers, and researchers in health law and ethics, as it provides critical discussions and assessments of some of the leading scholarship in the field.Par Jacob Eisler. 2023
The Supreme Court has been at the center of great upheavals in American democracy across the last seventy years. From…
the end of Jim Crow to the rise of wealth-dominated national campaigns, the Court has battled over if democracy is an egalitarian collaboration to serve the good of all citizens, or a competitive struggle by private interests. In The Law of Freedom, Jacob Eisler questions why the Court has the moral authority to shape democracy at all. Analyzing leading cases through the lens of philosophy and social science, Eisler demonstrates how the soul of election law is a battle between two philosophical understandings of democratic freedom and popular self-rule. This remarkable book reveals that the Court's battle over democracy has shaped how Americans rule themselves, marking election law as the most dramatic judicial intervention in constitutional history.Multinational corporate groups are important actors in today’s global economy, with the power to impact the masses through their activities.…
National legal systems, which usually have no extraterritorial authority, remain insufficient to regulate the activities of multinational corporate groups, which operate worldwide, not only in the countries where the parent companies reside (home country), but also in countries where the subsidiaries operate (host countries). The mentioned lack of an effective legislation leads to an unjust imbalance – to the benefit of multinational corporate groups and to the detriment, especially, of involuntary creditors, such as tort victims of corporate activities, which predominantly concern human rights abuses and environmental violations. Against this backdrop, the book firstly assesses the position of multinational corporate groups in international law and then discusses potential reforms to corporate law that would allow for a multi-stakeholder approach. It analyses certain aspects of Turkish tort law that could potentially accommodate liability claims against the parent companies of multinational corporate groups for damage incurred due to their transnational subsidiaries’ activities (referred to as ‘foreign direct liability’ in legal doctrine). To this end, the potential legal grounds of fault liability and strict liability are assessed under Turkish law, with a particular focus on the duty of care, in comparison with the corresponding case law in the UK and the Netherlands. Mandatory human rights due diligence is also analysed with a view to proposing a new regulation in Turkish law. Lastly, the aspects of foreign direct liability claims related to private international law are assessed in order to answer the questions of jurisdiction and applicable law within the scope of a comparative legal study.The International Criminal Court seeks to end impunity for the world's worst crimes, to contribute to their prevention. But what…
is its impact to date? This book takes an in-depth look at four countries under scrutiny of the ICC: Afghanistan, Colombia, Libya, and Uganda. It puts forward an analytical framework to assess the impact of the ICC on four levels: on the domestic legal systems (systemic effect); on peace negotiations and agreements (transformative effect); on victims (reparative effect); and on the perceptions of affected populations (demonstration effect). It concludes that the ICC is having a normative impact on domestic legal systems and peace agreements, but it has brought little reparative justice for victims, and it does not necessarily correspond with how affected populations view justice priorities. The book concludes that justice for the world's worst crimes has no 'universal formula' that can easily be captured in law by one institution.This book critically examines why a human rights framework would improve the wellbeing and status of young people. It explores…
children’s rights to provision, protection, and participation from human rights and clinical sociological perspectives, and from historical to contemporary events. It discusses how different ideologies have shaped the way we view children and their place in society, and how, despite the rhetoric of children's protection, people under 18 years of age experience more poverty, violence, and oppression than other group in society. The book points to the fact that the USA is the only member of the United Nations not to ratify a children’s human rights treaty; and the impact of this decision finds US children less healthy and less safe than children in other developed countries. It shows how a rights-respecting framework could be created to improve the lives of our youngest citizens – and the future of democracy. Authored by a renowned clinical sociologist and international human rights scholar, this book is of interest to researchers, students, social workers and policymakers working in the area of children's wellbeing and human rights.Par Fae Garland, Mitchell Travis. 2022
This book examines the divergent medical, political and legal constructions of intersex. The authors use empirical data to explore how…
intersex people are embodied through these frameworks which in turn influence their lived experiences. Through their analysis, the authors reveal the factors that motivate and influence the way in which policy makers and legislators approach the area of intersex rights. They reflect on the limitations of law as the primary vehicle in challenging healthcare’s framing of intersex as a ‘disorder’ in need of fixing. Finally, they offer a more holistic account of intersex justice which is underpinned by psychosocial support and bodily integrity.Par Erle Stanley Gardner. 1952
The creator of Perry Mason’s Edgar Award–winning account of miscarriages of justice, wrongful convictions, legal battles, and landmark reversals. In…
1945, Erle Stanley Gardner, noted attorney and author of the popular Perry Mason mysteries, was contacted by an overwhelmed California public defender who believed his doomed client was innocent. William Marvin Lindley had been convicted of the rape and murder of a young girl along the banks of the Yuba River, and was awaiting execution at San Quentin. After reviewing the case, Gardner agreed to help—it seemed the fate of the “Red-Headed Killer” hinged on the testimony of a colorblind witness. Gardner’s intervention sparked the Court of Last Resort. The Innocence Project of its day, this ambitious and ultimately successful undertaking was devoted to investigating, reviewing, and reversing wrongful convictions owing to poor legal representation, prosecutorial abuses, biased police activity, bench corruption, unreliable witnesses, and careless forensic-evidence testimony. The crimes: rape, murder, kidnapping, and manslaughter. The prisoners: underprivileged and vulnerable men wrongly convicted and condemned to life sentences or death row with only one hope—the devotion of Erle Stanley Gardner and the Court of Last Resort. Featuring Gardner’s most damning cases of injustice from across the country, The Court of Last Resort won the Edgar Award for Best Fact Crime. Originating as a monthly column in Argosy magazine, it was produced as a dramatized court TV show for NBC.Par Scott Whisnant. 1993
The riveting true account of a grisly crime and the unprecedented three murder trials faced by Fort Bragg soldier Tim…
Hennis. On Mother’s Day, 1985, the bodies of Kathryn Eastburn and her two young daughters were found in their Fayetteville, North Carolina, home. Katie, an air force captain’s wife, had been raped and stabbed to death. Kara and Erin’s throats had been slit. Their toddler sister, Jana, was the only survivor of a bloody killing spree that terrified a community still reeling from the conviction, six years prior, of Dr. Jeffrey MacDonald for the savage slayings of his pregnant wife and two daughters. The Cumberland County Sheriff’s Department soon focused its investigation on US Army soldier Tim Hennis. Detectives and local prosecutors built their case on circumstantial evidence and a jury convicted Hennis and sentenced him to death. But his defense team refused to give up. Piece by piece, they discredited the state’s case, exposing false testimony, concealed evidence, and prosecutorial misconduct. At a second trial, Hennis was found not guilty and released from death row. But an even more stunning turn of events was yet to come. Twenty-five years after the murders, the North Carolina State Bureau of Investigation tested a crucial piece of DNA evidence from the crime scene. The shocking results led to an unprecedented third trial to determine Tim Hennis’s guilt or innocence. From the initial discovery of the horrifying scene at 367 Summer Hill Road to the controversial change of jurisdiction that allowed Hennis to be prosecuted for an astonishing third time, author Scott Whisnant chronicles every development in this intricate, disturbing, and still-evolving case. Has the mystery of who killed Katie, Kara, and Erin Eastburn been solved beyond a reasonable doubt? Read Innocent Victims and decide for yourself.Par Nushin Rashidian, Alyson Martin. 2014
In November 2012, voters in Colorado and Washington passed landmark measures to legalize the production and sale of cannabis for…
social use-a first not only in the United States but also the world. Medical cannabis is now legal in twenty states and Washington, D.C., and more than one million Americans have turned to it in place of conventional pharmaceuticals. Yet the federal government refuses to acknowledge these broader societal shifts and continues to raid and arrest people: 49.5 percent of all drug-related arrests involve the sale, manufacture, or possession of cannabis. In the first book to explore the new landscape of cannabis in the United States, investigative journalists Alyson Martin and Nushin Rashidian present a deeply researched, insightful story of how recent developments tie into cannabis's complex history and thorny politics. Reporting from nearly every state with a medical cannabis law, Martin and Rashidian enliven their book with in-depth interviews with patients, growers, doctors, entrepreneurs, politicians, activists, and regulators. They whisk readers from the federal cannabis farm at the University of Mississippi to the headquarters of the ACLU to Oregon's "World Famous Cannabis Café." They present an expert analysis of how recent milestones toward legalization will affect the war on drugs both domestically and internationally. The result is an unprecedented and lucid account of how legalization is manifesting itself in the lives of millions. A New Leaf offers an essential guide for anyone who wants to understand the far-ranging implications of this rapidly changing drug landscape.Par David Rolf. 2016
The fight for a higher minimum wage has become the biggest national labor story in decades. Beginning in November 2012,…
strikes by fast food workers spread across the country, landing in Seattle in May 2013. Within a year, Seattle had adopted a $15 minimum wage--the highest in the United States--without a bloody political battle.Combining history, economics, and commonsense political wisdom, The Fight for Fifteen makes a deeply informed case for a national $15/hour minimum wage as the only practical solution to reversing America's decades-long slide toward becoming a low-wage nation.Drawing both on new scholarship and on his extensive practical experiences organizing workers and grappling with inequality across the United States, David Rolf, president of SEIU 775--which waged the successful Seattle campaign--offers an accessible explanation of "middle out" economics, an emerging popular economic theory that suggests that the origins of prosperity in capitalist economies lie with workers and consumers, not investors and employers.A blueprint for a different and hopeful American future, The Fight for Fifteen offers concrete tools, ideas, and inspiration for anyone interested in real change in our lifetimes.Par Beverly Davidek, Dirk Davidek. 2018
How you can make use of your law degree—without making yourself miserable. When they enter the field, lawyers seem to…
have it made—with a high-salary, high-status profession that should set them up for life. Yet, even when they seem to have it all, they often start to feel like something’s off. Their careers have become horribly soul-sucking. They’re managing their lives, sort of—but they feel duped. Trapped. Their “good job” is affecting their health and relationships—and they’re just trying to keep all the plates spinning. Here’s the good news: Beverly Davidek has been there, and in this book she and husband Dirk show how you can find a job that allows for happiness, satisfaction, and peace of mind. If you’re still struggling to find a way to provide for your family without losing yourself, this book is for you. Part Ask and It Is Given and part What Color Is Your Parachute? (but written specifically for lawyers), Happy Lawyer gives you the tools you need to get unstuck in your career and start living your dream.Par Richard A. Arenberg, Robert B. Dove, Olympia Snowe. 2012
Many argue that the Senate filibuster is undemocratic or even unconstitutional. Recent legislative disputes have brought criticism of Senate rules…
into sharp relief, and demands for abolition or reform of the filibuster have increased. In Defending the Filibuster, a veteran Senate aide and a former Senate Parliamentarian maintain that the filibuster is fundamental to the character of the Senate, protecting the rights of the minority in American politics, assuring stability and deliberation in government, and helping to preserve constitutional principles of checks and balances and separation of powers. Richard A. Arenberg and Robert B. Dove provide an instructive historical overview of the development of Senate rules, describe related procedures and tactics, and argue passionately for measured reforms.Thoroughly updated to reflect recent events, this edition includes a new chapter recounting the events of 2012–13 that led to the first use of the "nuclear option" to restrict the use of the filibuster for presidential nominations, as well as a new foreword by former US Senator Olympia Snowe. The authors offer a stimulating assessment of the likelihood of further changes in Senate procedure and make their own proposals for reform.