Of the many issues polarizing societies today, immigration is one of the most contentious. In the United States, as in Europe, immigration was a defining issue in recent national elections. Immigration not only involves government policies but also the human rights of millions of people. American Presidents, Deportations, and Human Rights Violations studies how recent immigration policies in the United States developed during the Obama administration and are now being expanded in the first months of the Trump presidency. Documenting the harsh treatment of immigrants over the past twenty years, Bill Ong Hing shows how mass detention and deportation of immigrants, from Clinton's two terms and the Bush administration, have escalated even higher. This book questions what price the United States is willing to pay for such harsh immigration policies in terms of our national values, and the impact on the lives of the millions of immigrants who deserve the full protection of universal human rights obligations.
Economists and theologians usually inhabit different intellectual worlds. Economists investigate the workings of markets and tend to set ethical questions aside. Theologians, anxious to take up concerns raised by market outcomes, often dismiss economics and lose insights into the influence of market incentives on individual behavior. Mary L. Hirschfeld, who was a professor of economics for fifteen years before training as a theologian, seeks to bridge these two fields in this innovative work about economics and the thought of St. Thomas Aquinas.
According to Hirschfeld, an economics rooted in Thomistic thought integrates many of the insights of economists with a larger view of the good life, and gives us critical purchase on the ethical shortcomings of modern capitalism. In a Thomistic approach, she writes, ethics and economics cannot be reconciled if we begin with narrow questions about fair wages or the acceptability of usury. Rather, we must begin with an understanding of how economic life serves human happiness. The key point is that material wealth is an instrumental good, valuable only to the extent that it allows people to flourish. Hirschfeld uses that insight to develop an account of a genuinely humane economy in which pragmatic and material concerns matter but the pursuit of wealth for its own sake is not the ultimate goal.
The Thomistic economics that Hirschfeld outlines is thus capable of dealing with our culture as it is, while still offering direction about how we might make the economy better serve the human good.
There is more to thriving as a new law firm associate than doing great legal work. Associates must also demonstrate commitment to law firm values; capably manage up and down within their firm; successfully interact with people of different generations, cultures, and backgrounds; champion diversity and inclusion; work smartly and efficiently; contribute to innovation within their firms; manage their workloads; continually learn about their clients' businesses; and so much more.
An Associate's First Year: A Guide to Thriving at a Law Firm, edited by Jennifer L. Bluestein and written by more than a dozen experts―including partners, professional development directors, law firm associates, and other legal industry professionals―provides guidance on a variety of subjects.
Each chapter is full of practical suggestions that can help new associates gain confidence and thrive in the first year of practice at a law firm.
At the turn of the twentieth century, American journalists transmitted news across the country by telegraph. But what happened when these stories weren't true? In Bad News Travels Fast, Patrick C. File examines a series of libel cases by a handful of plaintiffs―including socialites, businessmen, and Annie Oakley―who sued newspapers across the country for republishing false newswire reports. Through these cases, File demonstrates how law and technology intertwined to influence debates about reputation, privacy, and the acceptable limits of journalism.
This largely forgotten era in the development of American libel law provides crucial historical context for contemporary debates about the news media, public discourse, and the role of a free press. File argues that the legal thinking surrounding these cases laid the groundwork for the more friendly libel standards the press now enjoys and helped to establish today's regulations of press freedom amid the promise and peril of high-speed communication technology.
Mass incarceration is one of the greatest social problems facing the United States today. America incarcerates a greater percentage of its population than any other country and is one of only two countries that requires arrested individuals to pay bail to be released from jail while awaiting trial. After arrest, the bail decision is the single most important cause of mass incarceration, yet this decision is often neglected since it is made in less than two minutes. Shima Baradaran Baughman draws on constitutional rights and new empirical research to show how we can reform bail in America. Tracing the history of bail, she demonstrates how it has become an oppressive tool of the courts that disadvantages minority and poor defendants and shows how we can reform bail to alleviate mass incarceration. By implementing these reforms, she argues, we can restore constitutional rights and release more defendants, while lowering crime rates.
The American legal system is experiencing a period of extreme stress, if not crisis, as it seems to be losing its legitimacy with at least some segments of its constituency. Nowhere is this legitimacy deficit more apparent than in a portion of the African American community in the U.S., as incidents of police killing black suspects - whether legally justified or not - have become almost routine. However, this legitimacy deficit has largely been documented through anecdotal evidence and a steady drumbeat of journalistic reports, not rigorous scientific research. This book offers an all-inclusive account of how and why African Americans differ in their willingness to ascribe legitimacy to legal institutions, as well as in their willingness to accept the policy decisions those institutions promulgate.
Based on two nationally-representative samples of African Americans, this book ties together four dominant theories of public opinion: Legitimacy Theory, Social Identity Theory, theories of adulthood political socialization and learning through experience, and information processing theories. The findings reveal a gaping chasm in legal legitimacy between black and white Americans. More importantly, black people themselves differ in their perceptions of legal legitimacy. Group identities and experiences with legal authorities play a crucial role in shaping whether and how black people extend legitimacy to the legal institutions that so much affect them.
This book is one of the most comprehensive analyses produced to date of legal legitimacy within the American black community, with many surprising and counter-intuitive results.
This publication addresses both federal and state tax guidance on the taxation of marijuana, cannabis, or related products. The publication provides an overview of federal taxation policies related to cannabis, specifically Code Sec. 280E, the interplay between Code Sec. 280E and other code sections, and any legal issues therein related. The bulk of the publication is a state-by-state survey of how marijuana or cannabis is taxed and how manufacturers, distributors and retailers of cannabis are taxed differently. On the federal level, the issues tend to be fairly broad. There is no direct taxation of cannabis at the federal level, so the issues turn on how cannabis is treated differently from any other business. Effectively, the federal government has wavered in how it treats cannabis, from respecting states rights to determine legality to treating it as an illegal narcotics trade. On the state level, over the past few years, a large and growing number of states have expanded the legality of marijuana or cannabis, some continuing to keep it as an illegal narcotic, some allowing it for medicinal purposes and some allowing it for recreational use. As with a broad spectrum of legal treatment, there comes a broad spectrum of tax treatment, with each state that allows some limited or unlimited use of cannabis enacting tax provisions that are all different. Cannabis Taxation: Federal and State Tax Guidebook serves as a comprehensive source of coverage to the disparate treatments of cannabis taxation across federal and state jurisdictions.
Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others.
Part I sets out the cross-cutting themes which shape the ways judges respond to challenging human rights issues. It examines when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II applies these cross-cutting themes to comparing human rights law in the US, UK, South Africa, Canada, and India. Its focus is on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education and religion, with the aim of inspiring further comparative examination of other pressing human rights issues.
The American criminal justice system is based on the bedrock principles of fairness and justice for all. In striving to ensure that all criminal defendants are treated equally under the law, it endeavors to handle similar cases in similar fashion, attempting to apply rules and procedures even-handedly regardless of a defendant’s social class, race, ethnicity, or gender. Yet, the criminal justice system has also recognized exceptions when special circumstances underlie a defendant’s behavior or are likely to skew the defendant’s trial. One of the most controversial set of exceptions –often poorly articulated and inconsistently applied – involves criminal defendants with a mental disorder.
A series of special rules and procedures has evolved over the centuries, often without fanfare and even today with little systematic examination, that lawyers and judges apply to cases involving defendants with a mental disorder. This book provides an analysis of the key issues in this dynamic interplay between individuals with a mental disorder and the criminal justice system.
The volume identifies the various stages of criminal justice proceedings when the mental status of a defendant may be relevant, associated legal and policy issues, the history and evolution of these issues, and how they are currently resolved. To assist this exploration, the text also offers an overview of mental disorders, their relevance to criminal proceedings, how forensic mental health assessments are conducted and employed during these proceedings, and their application to competency and responsibility determinations. In sum, this book provides an important resource for students and scholars with an interest in mental health, law, and criminal justice.
In Dark Agenda, New York Times bestselling author David Horwitz exposes not only the progressive war against Christianity, but also a war against America and its founding principles, which are Christian in their origin. Dark Agenda is about an embattled religion, but most of all, it is about our imperiled nation. Tackling a broad range of issues from prayer in the schools to the globalist mindset, Horowitz traces the anti-Christian movement to its roots in communism. When the communist empire fell, progressives did not want to give up their utopian anti-God illusions, so instead they merely changed the name of their dream. Instead of “communism,” progressives have re-branded their movement as “social justice.” Dark Agenda shows how the progressives are prepared to use any means necessary to stifle their opponents who support the concepts of religious liberty that America was founded on, and how the battle to destroy Christianity is really the battle to destroy America.
The new Department of Justice Manual, Third Edition takes you inside all the policies and directives outlined in the latest U.S. Attorneys' Manual used universally by the DOJ in civil and criminal prosecutions. Along with comprehensive coverage of all the information relied on by today's DOJ attorneys, this guide offers you other valuable DOJ publications in the form of Annotations. You'll find the Asset Forfeiture Manual, the Freedom of Information Act Case List, and Merger Guidelines. And it's all incorporated in a comprehensive six-volume reference.
This new Third Edition of Department of Justice Manual has been expanded to eight volumes and the materials have been completely revised to accommodate newly added materials including: the text of the Code of Federal Regulations: Title 28 Judicial Administration, as relevant to the enforcement of the Federal Sentencing Guidelines by the Department of Justice; The Manual for Complex Litigation; and The United States Sentencing Commission Guidelines Manual.
The new edition also includes The National Drug Threat Assessment for Fiscal Year 2011 and the updated version of the Prosecuting Computer Crimes Manual. In an effort to provide you with the best resource possible, as part of the Third Edition, the Commentaries in each volume have been renumbered to refer to the relevant section in the United States Attorneyand#8217;s Manual for more efficient cross referencing between the Manual and the Commentaries.
Dignity is seen, commonly, as an ethical obligation owed to human persons. The dimensions of this obligation are subject to wide discussion and defy universal agreement. Dignity is seen, commonly, as an ethical obligation owed to human persons. Dignity as a Human Right? examines dignity within the prism of death, and more particularly, its humane and dignified management. Although there is no domestic or international right to die with dignity, within the right to life should, arguably, be a right to dignity and self-determination especially at its end-stage; for, a powerful interface exists between the right to human dignity and the very right to life, to love and humanity as well as compassion at its conclusion. Legislative efforts--nationally and internationally--have begun to recognize a right to die with dignity when a condition of medical futility exists. There are presently five states and the District of Columbia, together with a judicial interpretation from the Montana Supreme Court, which recognize death assistance for the terminally ill. Internationally, Canada, Belgium, the Netherlands, and Switzerland are seen as leaders in this recognition. The United Nations has played a significant role in framing end-of-life decision making within the ambit of human rights protection. The UN Charter states unequivocally that the dignity and worth of the human person must be protected and safeguarded. Similarly, among other instruments, the Universal Declaration on Human Rights acknowledges that all human beings are born free and equal in dignity and rights.
Texas, for years, was a one-party state controlled by white democrats. In 1962, a young eighteen-year-old heard the first rumblings of Chicano community organization in the barrios of Cristal. The rumor in the town was that five Mexican Americans were going to run for all five seats on the city council. But first, poor citizens had to find a way to pay the $1.75 poll tax. Money had to be raised—through bake sales of tamales, cake walks, and dances. So began the political activism of José Angel Gutiérrez.
Gutiérrez's autobiography, The Making of a Chicano Militant, is the first insider's view of the important political and social events within the Mexican American communities in South Texas during the 1960s and 1970s. A controversial and dynamic political figure during the height of the Chicano movement, Gutiérrez offers an absorbing personal account of his life at the forefront of the Mexican-American civil rights movement—first as a Chicano and then as a militant.
Gutiérrez traces the racial, ethnic, economic, and social prejudices facing Chicanos with powerful scenes from his own life: his first summer job as a tortilla maker at the age of eleven, his racially motivated kidnapping as a teenager, and his coming of age in the face of discrimination as a radical organizer in college and graduate school. When Gutiérrez finally returned to Cristal, he helped form the Mexican American Youth Organization and, subsequently the Raza Unida Party to confront issues of ethnic intolerance in his community.
A multivolume treatise on employment law that integrates materials on constitutional law, statutory employment law, administrative law, contracts, torts, antitrust law, intellectual property law, tax law, and bankruptcy law. Integration is achieved by following the employment relation from its formation, through terms and conditions of employment, to termination. The text presents information within a framework of history, context, perspective, and analysis in as concise a manner as possible. In addition, the treatise points to other primary and secondary resources for greater research efficiency.
Substantially revised topics in the Fourth Edition of Employment Law include: The rights of part-time & contingent workers, medical inquiries & examinations, affirmative action, discrimination based on religion, age, disability, sexual orientation, minimum wage, and child labor.
In this book, the authors explore the relationship between federal procurement and the FCA. The chapters describe the regulated nature of government contracting and the players in the policy and enforcement communities who regulate and police government contracts. They also describe the complex process for initiating, litigating, and resolving FCA actions, and how those processes interact with the complexities of performing and closing out government contracts. In addition, they describe the substantive requirements and evolving evidentiary challenges of litigating a FCA case in a government contracts context. Finally, they describe possible modifications to the FCA that have the potential to improve compliance and reduce costs, as well as additional areas of likely FCA enforcement outside of the traditional realms of government contracts and government-funded healthcare.
The Free Sea offers a unique, single-volume analysis of incidents that challenged U.S. freedom of navigation at sea. The book spans more than two hundred years, from the Quasi-War with France in 1798 to contemporary freedom of navigation operations in the South China Sea. Since World War II, the struggle for freedom of navigation has pulled the United States to the brink of war with Vietnam during the Gulf of Tonkin incident, North Korea with the seizure of the USS Pueblo in 1968, and Cambodia with the capture of the SS Mayaguez. In the 1980s, Libya's "line of death" across the Gulf of Sidra and Iran's "tanker war" in the Persian Gulf drew the United States into conflicts. During the Cold War U.S. and Russian navies clashed over navigational rights in the Black Sea--and an incident that led to amicable agreement on the right of innocent passage. Today, China poses perhaps the greatest challenge to freedom of navigation since Germany's unrestricted U-boat campaigns as it seeks to regulate U.S. naval operations in the South China and East China Seas.
Freedom of the seas is the foundation of all sea power and a bedrock principle of international law and global order. Separated from the centers of power in Europe and Asia by the Atlantic and Pacific Oceans, the United States has relied on the principles of freedom of navigation for economic prosperity and military security. James Kraska and Raul Pedrozo focus on the struggle to safeguard that freedom. Challenges to U.S. warships and maritime commerce have pushed, and continue to challenge, the United States to vindicate its rights through diplomatic, legal, and military means, underscoring the need for the strategic resolve to ensure freedom in the global maritime commons.
This book posits that the American Revolution--waged to form a "more perfect union"--still raged long after the guns went silent. Eight major fugitive slave stories of the antebellum era are described and interpreted to demonstrate how fugitive slaves and their abolitionist allies embraced Patrick Henry's motto "Give me Liberty or Give me Death" and the principles enshrined in the Declaration of Independence. African Americans and white abolitionists seized upon these dramatic events to exhort citizens to complete the Revolution by extending liberty to all Americans. Casting fugitive slaves and their slave revolt leaders as heroic American Revolutionaries seeking freedom for themselves and their enslaved brethren, this book provides a broader interpretation of the American Revolution.
From award-winning investigative journalist Kyle Swenson, Good Kids, Bad City is the true story of the longest wrongful imprisonment in the United States to end in exoneration, and a critical social and political history of Cleveland, the city that convicted them.
In the early 1970s, three African-American men―Wiley Bridgeman, Kwame Ajamu, and Rickey Jackson―were accused and convicted of the brutal robbery and murder of a man outside of a convenience store in Cleveland, Ohio. The prosecution’s case, which resulted in a combined 106 years in prison for the three men, rested on the more-than-questionable testimony of a pre-teen, Ed Vernon.
The actual murderer was never found. Almost four decades later, Vernon recanted his testimony, and Wiley, Kwame, and Rickey were released. But while their exoneration may have ended one of American history’s most disgraceful miscarriages of justice, the corruption and decay of the city responsible for their imprisonment remain on trial.
Interweaving the dramatic details of the case with Cleveland’s history―one that, to this day, is fraught with systemic discrimination and racial tension―Swenson reveals how this outrage occurred and why. Good Kids, Bad City is a work of astonishing empathy and insight: an immersive exploration of race in America, the struggling Midwest, and how lost lives can be recovered.
Though little known, the name of the judge Roland Freisler is inextricably linked to the judiciary in Nazi Germany. As well as serving as the State Secretary of the Reich Ministry of Justice, he was the notorious president of the ‘People’s Court’, a man directly responsible for more than 2,200 death sentences; with almost no exceptions, cases in the ‘People’s Court’ had predetermined guilty verdicts.
It was Freisler, for example, who tried three activists of the White Rose resistance movement in February 1943. Along with Christoph Probst, Sophie and Hans Scholl were arrested for their part in an anonymous leaflet and graffiti campaign which called for active opposition against the Nazi regime. Found guilty of treason, Freisler sentenced the trio to death by beheading; a sentence carried out the same day by guillotine.
In August 1944, Freisler played a central role in the show trials that followed the failed attempt to assassinate Adolf Hitler on 20 July that year – a plot known more commonly as Operation Valkyrie. Many of the ringleaders were tried by Freisler in the ‘People’s Court’. The proceedings were filmed, the intention being to use the images as propaganda in newsreels. Freisler could be seen alternating between clinical interrogations of the defendants through to his yelling of personalized and theatrically enraged abuse at them from the bench. Nearly all of those found guilty were sentenced to death by hanging, the sentences being carried out within two hours of the verdicts being passed.
Roland Freisler’s mastery of legal texts and dramatic courtroom verbal dexterity made him the most feared judge in the Third Reich. In this in-depth examination, Helmut Ortner not only investigates the development and judgments of the Nazi tribunal, but the career of Freisler, a man who was killed in February 1945 during an Allied air raid.
The Indecent Screen explores clashes over indecency in broadcast television among U.S.-based media advocates, television professionals, the Federal Communications Commission, and TV audiences. Cynthia Chris focuses on the decency debates during an approximately twenty-year period since the Telecommunications Act of 1996, which in many ways restructured the media environment. Simultaneously, ever increasing channel capacity, new forms of distribution, and time-shifting (in the form of streaming and on-demand viewing options) radically changed how, when, and what we watch. But instead of these innovations quelling concerns that TV networks were too often transmitting indecent material that was accessible to children, complaints about indecency skyrocketed soon after the turn of the century. Chris demonstrates that these clashes are significant battles over the role of family, the role of government, and the value of free speech in our lives, arguing that an uncensored media is so imperative to the public good that we can, and must, endure the occasional indecent screen.
Justice in Plain Sight is the story of a hometown newspaper in Riverside, California, that set out to do its job: tell readers about shocking crimes in their own backyard. But when judges slammed the courtroom door on the public, including the press, it became impossible to tell the whole story. Pinning its hopes on business lawyer Jim Ward, whom Press-Enterprise editor Tim Hays had come to know and trust, the newspaper took two cases to the U.S. Supreme Court in the 1980s. Hays was convinced that the public—including the press—needed to have these rights and needed to bear witness to justice because healing in the aftermath of a horrible crime could not occur without community catharsis. The newspaper won both cases and established First Amendment rights that significantly broadened public access to the judicial system, including the right for the public to witness jury selection and preliminary hearings.
Justice in Plain Sight is a unique story that, for the first time, details two improbable journeys to the Supreme Court in which the stakes were as high as they could possibly be (and still are): the public's trust in its own government.
In The Law (in Plain English)® for Collectors, Leonard DuBoff and Sarah Tugman provide helpful advice on all things legal when it comes to art, antiques, and other collectibles. Whether readers are into coins or Queen Anne furniture, paintings or vintage books, this guide contains useful and practical information readers need to know to protect and enjoy their collections.
For private collectors, gallerists, artists, and others interested in art dealings, The Law (in Plain English)® for Collectors is an indispensable reference.
The world knows the story of young Emmett Till. In August 1955, the fourteen-year-old Chicago boy supposedly flirted with a white woman named Carolyn Bryant, who worked behind the counter of a country store, while visiting family in Mississippi. Three days later, his mangled body was recovered in the Tallahatchie River, weighed down by a cotton-gin fan. Till's killers, Bryant's husband and his half-brother, were eventually acquitted on technicalities by an all-white jury despite overwhelming evidence. It seemed another case of Southern justice.
Then details of what had happened to Till became public, which they did in part because Emmett's mother, Mamie Till-Mobley, insisted that his casket remain open during his funeral. The world saw the horror, and Till's story gripped the country and sparked outrage. Black journalists drove down to Mississippi and risked their lives interviewing townsfolk, encouraging witnesses, spiriting those in danger out of the region, and above all keeping the news cycle turning. It continues to turn. In 2005, fifty years after the murder, the FBI reopened the case. New papers and testimony have come to light, and several participants, including Till's mother, have published autobiographies. Using this new evidence and a broadened historical context, Elliott J. Gorn delves more fully than anyone has into how and why the story of Emmett Till still resonates, and always will. Till's murder marked a turning point, Gorn shows, and yet also reveals how old patterns of thought and behavior endure, and why we must look hard at them.
Marijuana Law, Policy, and Authority is a first-of-its-kind law school casebook in a rapidly-emerging and exciting new field. The accessible, comprehensive, and engaging material guides students through the competing approaches to regulating marijuana, the purposes and effects of those approaches, and the legal authorities for choosing among them. The helpful organization intersperses these issues of substantive law, policy, and authority throughout the discussion of users, suppliers, and third parties. Substantive law materials cover either prohibitions or regulations targeting users, suppliers, or third parties. Policy materials cover the goals of marijuana law and policy as well as the research on the impact of different marijuana policies. Authority materials address the different levels of government federal, state, and local. Notes, questions, and numerous problems in each chapter provide additional
thought-provoking material and help to reinforce student learning. Current, news-headlining cases keep the discussion interesting and lively.
Most Western democracies have few or no people serving life sentences, yet here in the United States more than 200,000 people are sentenced to such prison terms.
Marc Mauer and Ashley Nellis of The Sentencing Project argue that there is no practical or moral justification for a sentence longer than twenty years. Harsher sentences have been shown to have little effect on crime rates, since people “age out” of crime—meaning that we’re spending a fortune on geriatric care for older prisoners who pose little threat to public safety. Extreme punishment for serious crime also has an inflationary effect on sentences across the spectrum, helping to account for severe mandatory minimums and other harsh punishments.
A thoughtful and stirring call to action, The Meaning of Life also features moving profiles of a half dozen people affected by life sentences, written by former “lifer” and award-winning writer Kerry Myers. The book will tie in to a campaign spearheaded by The Sentencing Project and offers a much-needed road map to a more humane criminal justice system.
More states continue to legalize marijuana for both medical and recreational use. This trend toward legalized marijuana poses new problems and concerns for individuals and governments alike. More on Legalizing Marijuana presents research by ten experts that examines issues surrounding marijuana legalization and use. The first section of chapters examines the increased social acceptance of marijuana use and legalization, and the effect that has on communities. Another area of focus is what impact the acceptance of marijuana use has on voting patterns. The second group of chapters focuses on the political influences surrounding legalization. The impact of presidential rhetoric and speeches about marijuana is the topic of one study, whereas another focuses on interest group activity. Two articles take a more critical look at marijuana legalization and how it benefits certain groups over others. The third section of the book contains a set of chapters that review public policies regarding legalization and the unintended consequences of these new laws.
One Nation Under Drones is an interesting and informative review of how robotic and unmanned systems are impacting every aspect of American life, from how we fight our wars to how we play to how we grow our food. Edited by John Jackson, this highly readable book features chapters from a dozen experts, researchers, and operators of the sophisticated systems that have become ubiquitous across the nation and around the world. Press reports have focused primarily on unmanned aerial vehicles, officially designated as UAVs, but more often referred to as "drones."
This work takes you behind the scenes and describes how Predators, Reapers, Scan Eagles, and dozens of other pilotless aircraft have been used to fight the Global War on Terrorism. Although these systems seemed to emerge fully-developed into the skies above America's distant battlefields following the attacks of September 11, 2001, readers will discover that they actually trace their lineage to World War I, when the "automatic airplane/aerial torpedo," designed and built by the Sperry Gyroscope Company, made its first flight just over a century ago. Unmanned aircraft were used by various combatants in World War II and took many forms: from converted manned bombers to intercontinental attacks on the American homeland by rice-paper balloons. Technology developed in the latter decades of the 20th century enabled crews stationed thousands of miles away to attack targets on remote battlefields. Such long-range and remote-controlled weapons have been extensively used but are controversial from both legal and ethical standpoints.
Chapters written by international law specialists and drone pilots with advanced education in ethics address these issues from both sides of the argument. The book also details how robotic systems are being used on land, in and below the seas, and in civilian applications such as driverless cars. Three dozen photographs display drones as small as an insect up to those as large as a 737 airliner. One Nation Under Drones covers such a wide array of topics that it will be of interest to everyone from the casual reader seeking to know more about these systems to national security professionals, both in and out of uniform, who will be making decisions about their procurement and use in decades to come.
Like our divided nation, the Supreme Court is polarized. But does a split among Supreme Court justices—particularly when it occurs along ideological lines—hurt public perception and the Court’s ability to muster popular support for its rulings? Michael Salamone’s Perceptions of a Polarized Court offers the first comprehensive, empirical analysis of how divisiveness affects the legitimacy of the Court’s decisions.
Salamone looks specifically at the Roberts Court years—which are characterized by unprecedented ideological and partisan polarization among the justices—to evaluate the public consequences of divided Supreme Court rulings. He also analyzes both the media’s treatment of Supreme Court decisions and public opinion toward the Court’s rulings to show how public acceptance is (or is not) affected.
Salmone contends that judicial polarization has had an impact on the manner in which journalists report on the Supreme Court. However, contrary to expectation, Court dissent may help secure public support by tapping into core democratic values.
In Rectify, a former Innocence Project director and journalist Lara Bazelon puts a face to the growing number of men and women exonerated from crimes that kept them behind bars for years—sometimes decades—and that devastate not only the exonerees but also their families, the crime victims who mistakenly identified them as perpetrators, the jurors who convicted them, and the prosecutors who realized too late that they helped convict an innocent person.
Bazelon focuses on Thomas Haynesworth, a teenager arrested for multiple rapes in Virginia, and Janet Burke, a rape victim who mistakenly IDed him. It took over two decades before he was exonerated. Conventional wisdom points to an exoneration as a happy ending to tragic tales of injustice, such as Haynesworth’s. However, even when the physical shackles are left behind, invisible ones can be profoundly more difficult to unlock.
In the midst of Bazelon’s frustration over the blatant limitations of courts and advocates, her hope is renewed by the fledgling but growing movement to apply the centuries-old practice of restorative justice to wrongful conviction cases. Using the stories of Thomas Haynesworth, Janet Burke, and other crime victims and exonerees, she demonstrates how the transformative experience of connecting isolated individuals around mutual trauma and a shared purpose of repairing harm unite unlikely allies. Movingly written and vigorously researched, Rectify takes to task the far-reaching failures of our criminal justice system and offers a window into a future where the power it yields can be used in pursuit of healing and unity rather than punishment and blame.
The regulation of pornography has always been a contentious issue, which has sparked wide-ranging debates surrounding the acceptability and place of pornography in society. The use of the internet to distribute and access pornography has magniﬁed this debate and has presented a number of challenges for the law in terms of effective and proportionate regulation. Following unsuccessful attempts by states to transpose traditional laws to cyberspace, a new and radical regulatory framework eventually evolved for regulating internet pornography. In this process, the focus of the law has changed from merely controlling the publication and distribution of obscene material to a model that aims to deter private consumption of illegal content. In addition, various self- and co-regulatory initiatives have been introduced with the involvement of non-state actors, imposing a certain degree of de facto liability on intermediaries, all of which raise interesting issues.
This book examines the relevant regulatory responses to internet pornography, with particular reference to the UK, but also drawing comparisons with other countries where relevant. It argues that the internet has fundamentally, and in many ways irreversibly, changed the regulation of pornography. Classifying internet pornography into three broad categories – child pornography, extreme pornography, and adult pornography – the book provides an in-depth analysis of the legal issues involved in regulating internet pornography, and argues that the notions of obscenity and indecency on their own will not provide an adequate basis for regulating online pornography. The book identiﬁes the legitimising factors that will lend credibility and normative force to the law in order to successfully regulate pornography in cyberspace. It is the only comprehensive text that rigorously addresses the regulation of internet pornography as a whole, and offers valuable insights that will appeal to academics, students, policy makers, and those working in the areas of broader internet governance and online child protection.
This book reveals the importance of playing cards in Russian criminal culture. The handmade decks are beautiful works of art in their own right. Prohibited by the prison authorities, they are constructed from innocuous materials procured from the everyday routine of prison life. During construction both the cards and their designs are adroitly manipulated so they can be read. Once they are completed, the virtuoso player prowls the prison, searching for a suitable victim. This process is described here for the first time. Extensive diagrams show how the cards are made, while decks of actual prison cards are reproduced in facsimile.
The book also features a further 150 photographs from the Arkady Bronnikov collection. The texts and captions accompanying these images reveal the connection between the criminal hierarchy, tattoos and playing cards. The respect commanded by any criminal was directly related to his ability to play, and win, at cards. The game was viewed as a means to demonstrate cunning and bravado. Failure to pay a gambling debt could result in a forcibly applied pornographic tattoo, lowering its bearer's status. The loser would also be made to pay the "pricker" (tattooist). Fingers, ears, even eyes might be lost―cut off in the presence of other prisoners as witnesses. Russian Criminal Tattoos and Playing Cards provides unique insight into the design of these playing cards and their link to the Russian criminal underworld.
Plessy v. Ferguson, the Supreme Court case synonymous with “separate but equal,” created remarkably little stir when the justices announced their near-unanimous decision on May 18, 1896. Yet it is one of the most compelling and dramatic stories of the nineteenth century, whose outcome embraced and protected segregation, and whose reverberations are still felt into the twenty-first.
Separate spans a striking range of characters and landscapes, bound together by the defining issue of their time and ours―race and equality. Wending its way through a half-century of American history, the narrative begins at the dawn of the railroad age, in the North, home to the nation’s first separate railroad car, then moves briskly through slavery and the Civil War to Reconstruction and its aftermath, as separation took root in nearly every aspect of American life.
Award-winning author Steve Luxenberg draws from letters, diaries, and archival collections to tell the story of Plessy v. Ferguson through the eyes of the people caught up in the case. Separate depicts indelible figures such as the resisters from the mixed-race community of French New Orleans, led by Louis Martinet, a lawyer and crusading newspaper editor; Homer Plessy’s lawyer, Albion Tourgée, a best-selling author and the country’s best-known white advocate for civil rights; Justice Henry Billings Brown, from antislavery New England, whose majority ruling endorsed separation; and Justice John Harlan, the Southerner from a slaveholding family whose singular dissent cemented his reputation as a steadfast voice for justice.
Sweeping, swiftly paced, and richly detailed, Separate provides a fresh and urgently-needed exploration of our nation’s most devastating divide.
Because Islamic Law (Sharia) governs the lives of 900 million people worldwide, this legal system is cornerstone of the national law of several nations, and Sharia is playing an increasingly important role in international business transactions, banking/finance, and various aspects of personal law in many nations. This research guide presents historical and doctrinal perspectives required to understand the development of Islamic jurisprudence and its application. In addition to its historical treatment, this work also covers selected current issues of significance importance. The first part provides background information on Sharia (including its origins and history, what it consists of, and its methodology) and an introduction to many of the issues that Sharia addresses. The second part contains a concise yet comprehensive annotated bibliography of academic legal literature to assist those researching Sharia. Individual sections cover primary sources (including statutes and case law), while subsequent chapters deal with secondary materials such as journals, treatises, and reference works on substantive areas of law. The goal of this work is to enhance the understanding of Islamic law; in so doing, it explains the complexity of reconciling law with custom, and religious with secular laws.
Environmental Law and Policy is a user-friendly, concise, inexpensive treatment of environmental law. Written to be read pleasurably rather than used as a dry reference source, the authors provide a broad conceptual overview of environmental law while also explaining the major statutes and cases. The updated text also describes initiatives launched by the Trump administration. The first part of the book provides an engaging discussion of the major themes and issues that cross-cut environmental law. The second part of the book examines the substance of environmental law, with separate sections on each of the major statutes. The third part of the book describes natural resources law, discussing endangered species conservation, wetlands protection, water and energy issues. Part four addresses environmental impact statements and the National Environmental Policy Act. The book has wide adoption, not only in law schools, but also in graduate and undergraduate classes outside law school.