With the growing volume and sophistication of cyberattacks on the rise, it is now more important than ever to ensure you are protected. The new second edition of this bestseller published by the ABA Cybersecurity Legal Task Force will help you to identify potential cybersecurity risks, take steps (including training) to lessen those risks, and better respond in the event of an attack. This easy-to-use handbook addresses the current overarching threat, describes how the technology works, outlines key legal requirements and ethical issues, and highlights special considerations for lawyers and practitioners of all types.
This book explains the economic approach to new generations of lawyers and students. The author updates and amplifies his approach as it applies to the developments, both legal and economic, in the antitrust field since 1976. The 'new economy, ' for example, has presented a host of difficult antitrust questions, and in an entirely new chapter, [the author] explains how the economic approach can be applied to new industries such as software manufacturers, Internet service providers, and those that provide communications equipment and services.
Among sources on the Holocaust, survivor testimonies are the least replaceable and most complex, reflecting both the personality of the narrator and the conditions and perceptions prevailing at the time of narration. Scholars, despite their aim to challenge memory and fill its gaps, often use testimonies uncritically or selectively-mining them to support generalizations. This book represents a departure, bringing Holocaust experts Atina Grossmann, Konrad Kwiet, Wendy Lower, Jürgen Matthäus, and Nechama Tec together to analyze the testimony of one Holocaust survivor. Born in Bratislava at the end of World War I, Helen "Zippi" Spitzer Tichauer was sent to Auschwitz in 1942. One of the few early arrivals to survive the camp and the death marches, she met her future husband in a DP camp, and they moved to New York in the 1960s. Beginning in 1946, Zippi devoted many hours to talking with a small group of scholars about her life. Her wide-ranging interviews are uniquely suited to raise questions on the meaning and use of survivor testimony. What do we know today about the workings of a death camp? How willing are we to learn from the experiences of a survivor, and how much is our perception preconditioned by standardized images? What are the mechanisms, aims, and pitfalls of storytelling? Can survivor testimonies be understood properly without guidance from those who experienced the events? This book's new, multifaceted approach toward Zippi's unique story combined with the authors' analysis of key aspects of Holocaust memory, its forms and its functions, makes it a rewarding and fascinating read.
The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals with sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.
In December 1945, a Polish-born commuter on a Tel Aviv bus recognized a fellow rider as the former head of a town council the Nazis had established to manage the Jews. When he denounced the man as a collaborator, the rider leapt off the bus, pursued by passengers intent on beating him to death. Five years later, to address ongoing tensions within Holocaust survivor communities, the state of Israel instituted the criminal prosecution of Jews who had served as ghetto administrators or as kapos in concentration camps. Dan Porat brings to light more than three dozen little-known trials, held over the following two decades, of survivors charged with Nazi collaboration. Scouring police investigation files and trial records, he found accounts of Jewish policemen and camp functionaries who harassed, beat, robbed, and even murdered their brethren. But as the trials exposed the tragic experiences of the kapos, over time the courts and the public shifted from seeing them as evil collaborators to victims themselves, and the fervor to prosecute them abated. Porat shows how these trials changed Israel's understanding of the Holocaust and explores how the suppression of the trial records--long classified by the state and to this day withheld by Yad Vashem--affected history and memory. Sensitive to the devastating options confronting those who chose to collaborate, yet rigorous in its analysis, Bitter Reckoning invites us to rethink our ideas of collaboration and justice and to consider what it means to be a victim in extraordinary circumstances.
Unsurpassed in authority, reliability and accuracy; the 14th edition has been fully revised and updated to incorporate all relevant legislation for criminal law courses. Blackstone's International Law Documents is an abridged collection of legislation carefully reviewed and selected by Sir Malcolm Evans. With unparalleled coverage of international law, Blackstone's International Law Documents leads the market: consistently recommended by lecturers and relied on by students for exam and course use. Blackstone's International Law Documents is: - Trusted: ideal for exam use - Practical: find what you need instantly - Reliable: current, comprehensive coverage - Relevant: content reviewed to match your course Online resourcesThe accompanying online resources include video guides to reading and interpreting statutes, web links, exam tips, and an interactive sample Act of Parliament.
The story of citizenship as a tale not of liberation, dignity, and nationhood but of complacency, hypocrisy, and domination. The glorification of citizenship is a given in today's world, part of a civic narrative that invokes liberation, dignity, and nationhood. In reality, explains Dimitry Kochenov, citizenship is a story of complacency, hypocrisy, and domination, flattering to citizens and demeaning for noncitizens. Author Kochenov explains the state of citizenship in the modern world and offers a critical introduction to a subject most often regarded uncritically, describing what citizenship is, what it entails, how it came about, and how its role in the world has been changing. He examines four key elements of the concept: status, considering how and why the status of citizenship is extended, what function it serves, and who is left behind; rights, particularly the right to live and work in a state; duties, and what it means to be a “good citizen”; and politics, as enacted in the granting and enjoyment of citizenship. Citizenship promises to apply the attractive ideas of dignity, equality, and human worth—but to strictly separated groups of individuals. Those outside the separation aren't citizens as currently understood, and they do not belong. Citizenship, Kochenov warns, is too often a legal tool that justifies violence, humiliation, and exclusion.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Italy provides essential information on the country’s sources of constitutional law, its form of government, and the framework of fundamental rights and guarantees established by the Constitution. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure.
Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the powers concerning the armed forces, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.
Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Italy will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Did you know your car can be hacked? Your medical device? Your employers HVAC system? Are you aware that bringing your own device to work may have security implications? Consumers of digital technology are often familiar with headline-making hacks and breaches, but lack a complete understanding of how and why they happen, or if they have been professionally or personally compromised. In Cybersecurity in Our Digital Lives, twelve experts provide much-needed clarification on the technology behind our daily digital interactions. They explain such things as supply chain, Internet of Things, social media, cloud computing, mobile devices, the C-Suite, social engineering, and legal confidentially. Then, they discuss very real threats, make suggestions about what can be done to enhance security, and offer recommendations for best practices. An ideal resource for students, practitioners, employers, and anyone who uses digital products and services.
Technology and increasing levels of education have exposed people to more information than ever before. These societal gains, however, have also helped fuel a surge in narcissistic and misguided intellectual egalitarianism that has crippled informed debates on any number of issues. Today, everyone knows everything: with only a quick trip through WebMD or Wikipedia, average citizens believe themselves to be on an equal intellectual footing with doctors and diplomats. All voices, even the most ridiculous, demand to be taken with equal seriousness, and any claim to the contrary is dismissed as undemocratic elitism. The Death of Expertise shows how this rejection of experts has occurred: the openness of the internet, the emergence of a customer satisfaction model in higher education, and the transformation of the news industry into a 24-hour entertainment machine. Paradoxically, greater dissemination of information, rather than producing an educated public, has instead created an army of ill-informed and angry citizens who denounce intellectual achievement. Now updated with a new forward that explains how all these related issues came to a head in the wake of Donald Trump's election.
The definitive biography of one of history's greatest Supreme Court justices. How did a conservative Republican end up creating the most liberal Supreme Court in modern history? This new biography of Earl Warren Sr., based on primary sources and previously unpublished material, brings together for the first time family recollections, anecdotes, mementoes, photos, documents, and excerpts from diaries, along with the facts of the great jurist's life. The result is the most accurate, up-to-date, and complete picture of the man available. Beginning with Warren's upbringing, and Scandinavian immigrant parents who taught him fairness, tolerance, and reverence for the truth, the author then reviews Warren's early career in California as a district attorney. There he helped put an end to corruption in the police department, tackled organized crime, and worked to end illegal gambling and offshore racketeering. After becoming governor, he fought to improve the state's public health, education, and prison systems. And he played an important role in the election of Dwight D. Eisenhower as the first Republican president in twenty years. Focusing largely on Warren's remarkable career as Chief Justice of the Supreme Court, chapters are devoted to that court's landmark rulings, including Brown v. Board of Education and Miranda. In addition, the author discusses Warren's relationships with Richard Nixon and John F. Kennedy. Finally, he delves into the Chief Justice's role in spearheading the Warren Report, the official publication documenting the investigation of President Kennedy's assassination--findings that forever etched Warren's name in history. With access to all surviving Warren family members, courtesy of Earl Warren's grandson, Judge James Warren, the author has crafted the definitive biography of one of history's greatest Supreme Court justices.
Elevating Equity and Justice is just what the civic-minded activist in you is looking for-an accessible and engaging guide to connect your teaching to the times we live in, providing insight into ten United States Supreme Court cases that impact schools and teaching. Some of the cases will be familiar to you and some will not. Why these cases? They cover the landscape of both civil rights and civil liberties, exploring topics and situations teachers and administrators face every day. Plus they're interesting-they involve real problems of real people who are raising legal and policy issues thorny and weighty enough to have reached the highest court in the country. To read them is to take a mini course in the history of education in our nation and in the civil rights and civil liberties issues that educators and students encounter on a daily basis.
Situating drug courts in a long line of state projects of race and class control, Kerwin Kaye details the ways in which the violence of the state is framed as beneficial for those subjected to it. He explores how courts decide whether to release or incarcerate participants using nominally colorblind criteria that draw on racialized imagery. Rehabilitation is defined as preparation for low-wage labor and the destruction of community ties with "bad influences," a process that turns participants against one another. At the same time, Kaye points toward the complex ways in which participants negotiate state control in relation to other forms of constraint in their lives, sometimes embracing the state's salutary violence as a means of countering their impoverishment. Simultaneously sensitive to ethnographic detail and theoretical implications, Enforcing Freedom offers a critical perspective on the punitive side of criminal-justice reform and points toward alternative paths forward.
Governments have been levying some form of inheritance tax since the ancient Egyptians did so in the seventh century BC. In the United States, the federal government experimented with various forms of inheritance taxes, settling on an estate tax in 1916 and a gift tax in 1932. Despite this long history, there are few empirical studies of the federal estate tax. This book offers the first comprehensive look at U.S. estate and inheritance taxes, examining their history and evolution, structure and inner workings, and economic consequences. Written by David Joulfaian, a veteran economist at the U.S. Department of the Treasury, the book provides accessible accounts of such topics as changes in tax laws, issues of equity, the fiscal contribution of the estate tax, and its behavioral effects.
Joulfaian traces the evolution of U.S. inheritance taxes from 1797 to the present, noting that the estate tax rate and base expanded through 1976, then began to decline. He describes the tax itself, explaining that it currently applies to estates and gifts in excess of $11.18 million, and outlines applicable deductions and credits. He sketches a profile of taxpayers and their beneficiaries; surveys the revenues from estate and gift taxes; and discusses the effect of estate taxation on labor decisions, saving and wealth accumulation, charitable giving, life insurance ownership, and other economic activities. Finally, he addresses criticisms of the estate tax and analyzes its shortcomings. Accompanying tables present a wealth of data gathered by Joulfaian in his research and not available elsewhere.
How does the First Amendment really work? Is it a principle or a value? What is hate speech and should it always be banned? Are we free to declare our religious beliefs in the public square? What role, if any, should companies like Facebook play in policing the exchange of thoughts, ideas, and opinions? With clarity and power, Stanley Fish, "America's most famous professor" (BookPage), explores these complex questions in The First. From the rise of fake news, to the role of tech companies in monitoring content (including the President's tweets), to Colin Kaepernick's kneeling protest, First Amendment controversies continue to dominate the news cycle. Across America, college campus administrators are being forced to balance free speech against demands for safe spaces and trigger warnings.
From civil rights to Ferguson, Franchise reveals the untold history of how fast food became one of the greatest generators of black wealth in America. Often blamed for the rising rates of obesity and diabetes among black Americans, fast food restaurants like McDonald's have long symbolized capitalism's villainous effects on our nation's most vulnerable communities. But how did fast food restaurants so thoroughly saturate black neighborhoods in the first place? In Franchise, acclaimed historian Marcia Chatelain uncovers a surprising history of cooperation among fast food companies, black capitalists, and civil rights leaders, who -- in the troubled years after King's assassination -- believed they found an economic answer to the problem of racial inequality. With the discourse of social welfare all but evaporated, federal programs under presidents Johnson and Nixon promoted a new vision for racial justice: that the franchising of fast food restaurants, by black citizens in their own neighborhoods, could finally improve the quality of black life. Synthesizing years of research, Franchise tells a troubling success story of an industry that blossomed the very moment a freedom movement began to whither.
The individual and structural biases that affect the American healthcare system have serious emotional and physical consequences that all too often go unseen. These biases are often rooted in power, class, racial, gender or sexual orientation prejudices, and as a result, the injured parties usually lack the resources needed to protect themselves. In [this book], individual worth, equality, and autonomy emerge as the dominant values at stake in encounters with doctors, nurses, hospitals, and drug companies. Although the public is aware of legal battles over autonomy and dignity in the context of death, the everyday patient's need for dignity has received scant attention. Thus, [this book's] collection of cases and individual experiences bring these stories to life and establish beyond doubt that human dignity is of utmost priority in the everyday process of healthcare decision making.
In the context of multiple forms of global economic, social, and cultural oppression, along with intergenerational trauma, burnout, and public services retrenchment, this book offers a framework and set of inquiries and practices for social workers, activists, community organizers, counselors, and other helping professionals. Healing justice, a term that has emerged in social movements in the last decade, is taught as a practice of connecting to the whole self, what many are conditioned to ignore -- the body, mind-heart, spirit, community, and natural world.
Drawing from the East-West modalities of mindfulness, yoga, and Ayurveda, the author introduces six capabilities -- mindfulness and compassion; critical thinking and curiosity; and effort and equanimity -- which can guide practitioners on a transformative and empowering journey that can ultimately make them and their colleagues more effective in their work. Using case studies, critical analysis, and skill sharing, self-care is presented as an act of resistance to disconnection, marginalization, and internalized oppression. Healing justice is a trauma-informed practice that empowers social practitioners to cultivate the conditions that might allow them to feel more connected to themselves, their clients, colleagues, and communities.
Pay less to the IRS. For any home business, claiming all the tax deductions you are entitled to is essential to your business's financial success. Don't miss out on the many valuable deductions you can claim. Here, you'll find out how to deduct: start-up costs, home office expenses, vehicles, meals, and travel expenses, medical expenses, and retirement expenses. You'll also learn how to keep accurate, thorough records in case the IRS ever comes calling. Easy to read and full of real-life examples, this book can help you take advantage of all the valuable deductions you are entitled to.
When Abraham Lincoln was assassinated and Vice-President Andrew Johnson became 'the Accidental President,' it was a dangerous time in America. Congress was divided over how the Union should be reunited: when and how the secessionist South should regain full status, whether former Confederates should be punished, and when and whether black men should be given the vote. Devastated by war and resorting to violence, many white Southerners hoped to restore a pre-Civil War society, if without slavery, and the pugnacious Andrew Johnson seemed to share their goals. With the unchecked power of executive orders, Johnson ignored Congress, pardoned rebel leaders, promoted white supremacy, opposed civil rights, and called Reconstruction unnecessary. It fell to Congress to stop the American president who acted like a king. With profound insights and making use of extensive research, Brenda Wineapple dramatically evokes this pivotal period in American history, when the country was rocked by the first-ever impeachment of a sitting American president. And she brings to vivid life the extraordinary characters who brought that impeachment forward: the willful Johnson and his retinue of advocates--including complicated men like Secretary of State William Seward--as well as the equally complicated visionaries committed to justice and equality for all, like Thaddeus Stevens, Charles Sumner, Frederick Douglass, and Ulysses S. Grant. Theirs was a last-ditch, patriotic, and Constitutional effort to render the goals of the Civil War into reality and to make the Union free, fair, and whole.
The internet of things encompasses the ability to connect and direct almost any kind of mechanical system, whether it's automotive, medical, residential, or critical infrastructure. IoT technologies hold tremendous promise for our communities by making them safer and more efficient. As with any other technology, they also entail security risk, and the risks associated with IoT technologies must be aggressively managed. We can do so, with industry's help, by working to leverage standards and liability and insurance mechanisms to ensure that IoT's foundational building blocks are secure and effective. Increasingly, utilities are deploying smart grid technologies, wirelessly connecting thermostats to the utility to measure usage patterns and allow energy supplies to be adjusted, with precision based on need. Companies are working on clocks, kitchen appliances, and other household products that monitor consumer behavior to turn on your coffee machine moments before you wake up; warn you when you are low on supplies; order groceries for the week; and allow you to remotely operate your locks and lights so you need not be home to admit a visitor, or to check that your residence is secure. Regulating these various systems via network connectivity can add convenience and save money, but doing so can also arm malicious actors with an unprecedented ability to create chaos. The issues that the book addresses include the use of IoT technology in connected cars, health tech, and unmanned aerial vehicles (aka drones); IoT and technological developments such as 5G and blockchain; the current state of laws and regulations relating to the IoT both in the United States and globally; risks associated with IoT devices, including security and privacy issues; how state attorneys general protect consumers in the IoT era; the impact of the IoT on intellectual property and insurance; guidelines for employers, including corporate counsel, regarding the IoT in the workplace; and the future of the IoT from the perspective of an MIT research scientist.
This renowned journalist's classic Pulitzer Prize-winning investigation of schizophrenia—now reissued with a new postscript—follows a flamboyant and fiercely intelligent young woman as she struggles in the throes of mental illness.
“Sylvia Frumkin” was born in 1948 and began showing signs of schizophrenia in her teens. She spent the next seventeen years in and out of mental institutions. In 1978, reporter Susan Sheehan took an interest in her and, for more than two years, became immersed in her life: talking with her, listening to her monologues, sitting in on consultations with doctors—even, for a period, sleeping in the bed next to her in a psychiatric center. With Sheehan, we become witness to Sylvia’s plight: her psychotic episodes, the medical struggle to control her symptoms, and the overburdened hospitals that, more often than not, she was obliged to call home. The resulting book, first published in 1982, was hailed as an extraordinary achievement: harrowing, humanizing, moving, and bitingly funny. Now, some two decades later, Is There No Place on Earth for Me? continues to set the standard for accounts of mental illness.
Based on recently discovered documents, The Jews Should Keep Quiet reassesses the hows and whys behind the Franklin D. Roosevelt administration’s fateful policies during the Holocaust. Rafael Medoff delves into difficult truths: With FDR’s consent, the administration deliberately suppressed European immigration far below the limits set by U.S. law. His administration also refused to admit Jewish refugees to the U.S. Virgin Islands, dismissed proposals to use empty Liberty ships returning from Europe to carry refugees, and rejected pleas to drop bombs on the railways leading to Auschwitz, even while American planes were bombing targets only a few miles away—actions that would not have conflicted with the larger goal of winning the war.
What motivated FDR? Medoff explores the sensitive question of the president’s private sentiments toward Jews. Unmasking strong parallels between Roosevelt’s statements regarding Jews and Asians, he connects the administration’s policies of excluding Jewish refugees and interning Japanese Americans.
The Jews Should Keep Quiet further reveals how FDR’s personal relationship with Rabbi Stephen S. Wise, American Jewry’s foremost leader in the 1930s and 1940s, swayed the U.S. response to the Holocaust. Documenting how Roosevelt and others pressured Wise to stifle American Jewish criticism of FDR’s policies, Medoff chronicles how and why the American Jewish community largely fell in line with Wise. Ultimately Medoff weighs the administration’s realistic options for rescue action, which, if taken, would have saved many lives.
The movers and shakers of today have little interest in digging for the truth. Who knows what one may come up with? You may start out with the Communists and end up with yourself.” —Vladimir Bukovsky
Bukovsky's Judgment in Moscow, called "stunning" by Richard Pipes and "a massive and major contribution" by Robert Conquest, has been published for the first time in English. Margaret Thatcher gave a grant to support the writing of the book, and the initial publication in Russia was paid for by Aleksander Solzhenitsyn. The book has an introduction by Edward Lucas and an afterword by David Satter.
After the collapse of the Soviet Union, legendary Soviet dissident Vladimir Bukovsky had the opportunity to steal thousands of classified documents from the Soviet archives. Judgment in Moscow is about the secrets exposed by those documents. It reveals the inner workings of the Soviet regime and the complicity of many in the West with that regime.
How will the law change to accommodate the role of artificial intelligence in society and how much of that change has occurred already? When machines make their own decisions with financial impact, who receives credit or blame? This new guide provides an...examination of how artificial intelligence has evolved, how it will affect the legal profession, and how the law will be reformed to meet the new realities created by AI. Written by high-level industry experts, this guide discusses a wide-range of AI topics including a history and introduction, healthcare regulation, entertainment, labor laws, aviation, military applications, cybernetics and biorobotics, copyright law, cybersecurity issues, product liability, AI and the transactional law practice, the future of AI, and more.
Navigating the legal complexities of running a nonprofit organization has never been easier than with the expert advice of authors Leonard DuBoff and Amanda Bryan. Managers, board members, advisers, consultants, contractors, employees, and even donors and volunteers will benefit from the invaluable information contained in The Law (in Plain English) for Nonprofit Organizations. An approachable guide to planning and problem-solving, this handbook’s chapters cover important topics such as: Organizing a nonprofit, Hiring and working with employees, contractors, and members, Filing taxes and applying for tax-exempt status, Fund-raising strategies, Liability and insurance, Protecting trademarks and intellectual property, Zoning and renting space.
Attorney and legal scholar Daxton Stewart examines the intersection of media law and science fiction, exploring the past, present, and future of communication technology and policy debates. Science fiction offers a vast array of possibilities anticipating future communication technologies and their implications on human affairs. In this book, Stewart looks at potential legal challenges presented by plausible communication technologies that may arise 20 or 50 or 100 years from today. Performing what he calls "speculative legal research," Stewart identifies the kinds of topics we should be talking about relating to speech, privacy, surveillance, and more, and considers the debates that would be likely to arise if such technologies become a reality. Featuring interviews with prominent science fiction authors and legal scholars, and a foreword by Malka Older, this book considers the speculative solutions of science fiction and their implications in law and policy scholarship. Chapters feature specific literary examples to examine how cultural awareness and policy creation are informed by fictional technology, future societies, and legal disputes. Looking forward, beyond traditional legal research and scholarship to the possible and even very likely future of communication technology, this fascinating work of speculative legal research will give students and scholars of media law, science fiction, and technology much to discuss and debate.
Across the West, there is a rising tide of people who feel excluded, alienated from mainstream politics, and increasingly hostile towards minorities, immigrants, and neo-liberal economics. Many of these voters are turning to national populist movements, which have begun to change the face of Western liberal democracy, from the United States to France, Austria to the UK.
This radical turn, we are told, is a last howl of rage from an aging electorate on the verge of extinction. Their leaders are fascistic and their politics anti-democratic; their existence a side-show to liberal democracy. But this version of events, as Roger Eatwell and Matthew Goodwin show, could not be further from the truth. Written by two of the foremost experts on fascism and the rise of national populism, this lucid and deeply-researched book is a vital guide to our transformed political landscape. Challenging conventional wisdoms, Eatwell and Goodwin make a compelling case for serious, respectful engagement with the supporters and ideas of national populism—not least because it is a tide that won't be stemmed anytime soon.
Before Julie Callahan came to the house at 9 Highland Road in Glen Cove, New York, she had spent a good part of her young life in mental hospitals, her mental and emotional coherence nearly destroyed by a childhood of sexual abuse. Fred Grasso, a schizophrenic, had lived in a filthy single-room occupancy hotel. At 9 Highland Road they and their housemates were given a decent alternative to lives in institutions or in the streets. It was a place in which some even found the chance to get better.
This perfectly observed and passionately imagined book takes us inside one of the supervised group homes that, in an age of shrinking state budgets and psychotropic drugs, have emerged as the backbone of America's mental health system. As it follows the progress and setbacks of residents, their families, and counselors and notes the embittered resistance their presence initially aroused in the neighborhood, 9 Highland Road succeeds in opening the locked world of mental illness. It does so with an empathy and insight that will change forever the way we understand and act in relation to that world.
Ben Crump shows that there is a persistent, prevailing, and destructive mindset regarding colored people that is rooted in our history as a slave-owning nation. This biased attitude has given rise to mass incarceration, voter disenfranchisement, unequal educational opportunities, disparate health care practices, job and housing discrimination, police brutality, and an unequal justice system... Open Season is more than Crump's incredible mission to preserve justice, it is a call to action for Americans to begin living up to the promise to protect the rights of its citizens equally and without question. Taking on such high-profile cases as Trayvon Martin, Michael Brown, and a host of others, Crump witnessed the disparities within the American legal system firsthand and learned it is dangerous to be a black man in America—and that the justice system indeed only protects wealthy white men.
The foundation of the American legal system and democratic culture is its longstanding written Constitution. However, a contentious debate now exists between originalists, who employ the Constitution's original meaning, and Nonoriginalists, who argue for a living constitution interpretation. The first natural law justification for an originalist interpretation of the American Constitution, 'Originalism's Promise' presents an innovative foundation for originalism and a novel description of its character. The book provides a deep, rich, and practical explanation of originalism, including the most-detailed originalist theory of precedent in the literature.
The objective of The Oxford Handbook of Migration Crises is to deconstruct, question, and redefine through a critical lens what is commonly understood as "migration crises." The volume covers a wide range of historical, economic, social, political, and environmental conditions that generate migration crises around the globe. At the same time, it illuminates how the media and public officials play a major role in framing migratory flows as crises. The volume brings together an exceptional group of scholars from around the world to critically examine migration crises and to revisit the notion of crisis through the context in which permanent and non-permanent migration flows occur.
The Oxford Handbook of Migration Crises offers an understanding of individuals in societies, socio-economic structures, and group processes. Focusing on migrants' departures and arrivals in all continents, this comprehensive handbook explores the social dynamics of migration crises, with an emphasis on factors that propel these flows as well as the actors that play a role in classifying them and in addressing them. The volume is organized into nine sections. The first section provides a historical overview of the link between migration and crises. The second looks at how migration crises are constructed, while the third section contextualizes the causes and effects of protracted conflicts in producing crises. The fourth focuses on the role of climate and the environment in generating migration crises, while the fifth section examines these migratory flows in migration corridors and transit countries. The sixth section looks at policy responses to migratory flows, The last three sections look at the role media and visual culture, gender, and immigrant incorporation play in migration crises
Child trafficking is widely recognized as one of the critical issues of our day, prompting calls to action at the global, national, and local levels. Yet it is unclear whether the strategies and tools used to counter this exploitation―most of which involve law enforcement and social services―have actually reduced the prevalence of trafficking. In Preventing Child Trafficking, Jonathan Todres and Angela Diaz explore how the public health field can play a comprehensive, integrated role in preventing, identifying, and responding to child trafficking. Describing the depth and breadth of trafficking's impact on children while exploring the limitations in current responses, Todres and Diaz argue that public health frameworks offer important insights into the problem, with detailed chapters on how professionals and organizations can identify and respond effectively to at-risk and trafficked children.
In the landmark 1978 case Oliphant v. Suquamish, the Supreme Court ruled that no Indian tribe can lawfully prosecute non-Indians. This decision had far-reaching effects in subsequent disputes about the jurisdiction of American Indian tribes, the terms of their relationship to the United States, their powers as political entities, and the significance of Indian reservations. Yet, even though few developments have highlighted the tensions, hopes, and fears associated with American Indians' unique political-legal status as clearly as contemporary tribal governments' assertion of jurisdiction over non-Indians, that subject hasn't received the attention it deserves from historians. The Non-Indian Problem recounts the history of tribes' desire for inclusive jurisdiction and the circumstances that encouraged them finally to act on that desire in the twentieth century. The manuscript focuses on the legal battles of the Quinault and Suquamish tribes beginning in the 1960s and culminating in the 1978 decision, with an epilogue addressing the consequences of that ruling.
During Reconstruction Northerners attempted to remake the United States in their own image. They would make incarnate the new world Republicans imagined at the end of the Civil War. That new world seemed possible because the Republican Party controlled the Union in 1865 as fully as any political party would ever control the country. Reconstruction would produce a nation built around free labor with a homogeneous citizenry whose rights would be guaranteed by a newly empowered federal government. Black as well as white citizens would inhabit a largely Protestant country of independent producers. They never realized that dream. The government's attempts to implement this vision confronted significant obstacles. Southern whites successfully resisted, and Indians resisted with far less success. Freedpeople both grasped the opportunities that the Republican vision offered them and attempted to articulate their own version of republican America. The United States became a nation of immigrants, Catholic and Jewish as well as Protestant. New technologies transformed the economy, as Americans significantly shifted into wage workers instead of independent producers. Capitalism produced the very rich and the very poor. The Gilded Age thrived where Reconstruction failed, the template of American modernity. The era was full of paradoxes. Notoriously corrupt, it also formed a seedbed of reform. It spawned racial, religious, and social conflicts as deep as the country had seen to date, but a newly diverse nation emerged. The newest volume in the acclaimed Oxford History of the United States series, The Republic for Which It Stands offers a magisterial account of the Gilded Age's real legacy that lies buried beneath its capitalists of legend and its corrupt politicians.
Prelude to a turbulent age -- Hoder and Wael Ghonim -- My thesis -- What the public is not -- Phase change 2011 -- crisis of authority -- failure of government -- Nihilism and democracy -- Choices and systems -- Finale for skeptics -- Reconsiderations : Trump, Brexit, and farewell to all that.
In the words of economist and scholar Arnold Kling, "Martin Gurri saw it coming." Technology has categorically reversed the information balance of power between the public and the elites who manage the great hierarchical institutions of the industrial age--government, political parties, the media. The Revolt of the Public tells the story of how insurgencies, enabled by digital devices and a vast information sphere, have mobilized millions of ordinary people around the world. Originally published in 2014, this updated edition of The Revolt of the Public includes an extensive analysis of Donald Trump's improbable rise to the presidency and the electoral triumphs of "Brexit" and concludes with a speculative look forward, pondering whether the current elite class can bring about a reformation of the democratic process, and whether new organizing principles, adapted to a digital world, can arise out of the present political turbulence.
In every era of communications technology - whether print, radio, television, or Internet - some form of government censorship follows to regulate the medium and its messages. Today we are seeing the phenomenon of 'machine speech' enhanced by the development of sophisticated artificial intelligence. Ronald K. L. Collins and David M. Skover argue that the First Amendment must provide defenses and justifications for covering and protecting robotic expression. It is irrelevant that a robot is not human and cannot have intentions; what matters is that a human experiences robotic speech as meaningful. This is the constitutional recognition of 'intentionless free speech' at the interface of the robot and receiver. Robotica is the first book to develop the legal arguments for these purposes. Aimed at law and communication scholars, lawyers, and free speech activists, this work explores important new problems and solutions at the interface of law and technology.
The Grand Canyon has been saved from dams three times in the last century. Unthinkable as it may seem today, many people promoted damming the Colorado River in the canyon during the early twentieth century as the most feasible solution to the water and power needs of the Pacific Southwest. These efforts reached their climax during the 1960s when the federal government tried to build two massive hydroelectric dams in the Grand Canyon. Although not located within the Grand Canyon National Park or Monument, they would have flooded lengthy, unprotected reaches of the canyon and along thirteen miles of the park boundary.
Saving Grand Canyon tells the remarkable true story of the attempts to build dams in one of America’s most spectacular natural wonders. Based on twenty-five years of research, this fascinating ride through history chronicles a hundred years of Colorado River water development, demonstrates how the National Environmental Policy Act came to be, and challenges the myth that the Sierra Club saved the Grand Canyon. It also shows how the Sierra Club parlayed public perception as the canyon’s savior into the leadership of the modern environmental movement after the National Environmental Policy Act became law.
What evidence exists to support the advice that legal writing professors offer their students? For example, do legal readers really prefer short sentences and the active voice? Is outlining the best way to start a memo or brief? Can a certain font type make a brief more persuasive? Is deductive reasoning the most effective form of legal reasoning? Will a legal writer view the use of the word "clearly" with skepticism? Are judges annoyed by minor grammatical errors or typos? These questions and many more are addressed in [this book]. This text provides easy access to research in the form of social psychological experiments, statistical analyses, and surveys (some done by others and some done by the authors), which suggest that much of the advice given to legal writing students is backed by solid science.
Each year, the Supreme Court of the United States announces new rulings with deep consequences for our lives. This second volume in Palgrave's SCOTUS series explains and contextualizes the landmark cases of the US Supreme Court in the term ending 2019. With a close look at cases involving key issues and debates in American politics and society, SCOTUS 2019 tackles the Court's rulings on the census citizenship question, partisan gerrymandering, religious monuments, the death penalty, race in jury selection, double jeopardy, jury trials for reimprisonment during supervised release, Fourth Amendment protection for blood alcohol tests, deference to federal agencies, excessive fines under the Eighth Amendment and more. Written by notable scholars in political science and law, the chapters in SCOTUS 2019 present the details of each ruling, its meaning for constitutional debate, and its impact on public policy or partisan politics. Finally, SCOTUS 2019 offers an analysis of the controversial Justice Brett Kavanaugh's first term in office, as well as a big-picture look at the implications of the Court's decisions for the direction of this new Roberts Court.
How things are divided up or pieced together matters. Half a bridge is of no use at all. Conversely, many things would do more good if they could be divided up differently: Perhaps you would prefer a job that involves a third less work and a third less pay or a car that materializes only when needed and is priced accordingly? Difficulties in “slicing” and “lumping” shape nearly every facet of how we live and work—and a great deal of law and policy as well.
Lee Anne Fennell explores how both types of challenges—carving out useful slices and assembling useful lumps—surface in myriad contexts, from hot button issues like conservation and eminent domain to developments in the sharing economy to personal struggles over work, money, time, diet, and exercise.
This first comprehensive history of software patenting explores how patent law made software development the powerful industry that it is today. Historian Gerardo Con Díaz reveals how patent law has transformed the ways computing firms make, own, and profit from software. He shows that securing patent protection for computer programs has been a central concern among computer developers since the 1950s and traces how patents and copyrights became inseparable from software development in the Internet age.
This book represents a comprehensive coverage of the doctrine of sovereign immunity; one chapter provides a summary of the sovereign immunity laws in all US states. The book provides the reader with a knowledge and understanding of the sovereign immunity doctrine but also provides the reader with an awareness and understanding of the important legal problems and road blocks that confront attorneys who represent victims of improvident government actions. One chapter discusses the immunity of foreign States regarding claims filed against foreign governments in United States courts and when and how a claim can be brought successfully against a foreign State in a court in the United States for violations, among others, of international law. The book is an invaluable reference work for attorneys who may represent victims of governmental misconduct; attorneys should read this book in advance to filing a lawsuit against the government in any context.
A profound new rendering of the struggle by African Americans for equality after the Civil War and the violent counterrevolution that resubjugated them, as seen through the prism of the war of images and ideas that have left an enduring stain on the American mind. The story of the abolition of slavery in the aftermath of the Civil War is a familiar one, as is the civil rights revolution that transformed the nation after World War II. But the century in between remains a mystery: If emancipation came in Lincoln's America, why was it necessary to march in Martin Luther King, Jr.'s America? In a history that moves from Reconstruction to the Harlem Renaissance, Harvard scholar Henry Louis Gates, Jr., one of our leading chroniclers of the African American experience, brings a lifetime of wisdom to bear as a scholar, filmmaker, and public intellectual to answer that question. Interwoven with this history, Stony the Road examines America's first postwar clash of images utilizing modern mass media to divide, overwhelm--and resist. Enforcing a stark color line and ensuring the rollback of the rights of formerly enslaved people, racist images were reproduced on an unprecedented scale thanks to advances in technology such as chromolithography, which enabled their widespread dissemination in advertisements, on postcards, and on an astonishing array of everyday objects. Yet, during the same period when the Supreme Court stamped 'separate but equal' as the law of the land, African Americans advanced the concept of the 'New Negro' to renew the fight for Reconstruction's promise. Against the steepest of odds, they waged war by other means: countering depictions of black people as ignorant, debased, and inhuman with images of a vanguard of educated and upstanding black women and men who were talented, cosmopolitan, and urbane. The story Gates tells begins with Union victory in the Civil War and the liberation of nearly four million enslaved people. But the terror unleashed by white paramilitary groups in the former Confederacy, combined with deteriorating economic conditions and diminished Northern will, restored 'home rule' to the South. One of the most violent periods in our history followed the retreat from Reconstruction, with thousands of African Americans murdered or lynched and many more afflicted by the degrading impositions of Jim Crow segregation. An essential tour through one of America's fundamental historical tragedies, [this book] is also a story of heroic resistance, as figures from Frederick Douglass to W E. B. Du Bois created a counternarrative, and culture, inside the lion's mouth. Gates charts the noble struggle of black people to defeat racism and force the country to honor the 'new birth of freedom' that Lincoln pledged would be the legacy of the Civil War, and uncovers the roots of racism in our time. Understanding this bitter struggle is essential if America's deepest wounds are ever truly to heal.
This book provides comprehensive treatment of the major federal employment discrimination statutes, focusing on Title VII, the ADEA, the ADA, and Section 1981. It discusses who is liable for discrimination and the people the statutes protect from discrimination. The book offers an extensive discussion of the frameworks for analyzing discrimination, including frameworks for individual disparate treatment, pattern or practice, harassment, disparate impact, and retaliation. One chapter focuses on religious accommodation and another chapter focuses on disability accommodation. The book also contains separate treatment of affirmative action. It also explores defenses to discrimination claims, the procedure for pursuing claims, and remedies. The book provides extensive discussion of canonical cases.
This Nutshell, which provides an introduction to U.S. international taxation useful to both U.S. and non-U.S. students and practitioners interested in the topic, has been revised and updated to address the fundamental changes to the U.S. international tax rules introduced by the 2017 tax act, including interpretive regulatory guidance. It also includes discussion of interaction between U.S. tax rules and global tax changes brought about by recent OECD developments as they affect U.S. taxpayers. In addition to providing a survey of the technical rules, the book also offers insight into tax planning considerations and how these have been altered by recent U.S. and global developments. Both the U.S. activities of foreign taxpayers, as well as the foreign activities of U.S. taxpayers are explored. In today’s world, it is crucial for those involved in business and investment activities to understand the tax consequences that impact cross-border flows. The authors’ careers span both the academic and private sectors, and they have used their experiences to distill the complexities of real-world tax considerations into a clearly written, straight-forward presentation of the key international tax concepts.
This Nutshell discusses the manner in which Islamic law is applied and adjudicated in modern states. This includes the enactment of legislation derived from Islamic law, the drafting of contracts to comply with Islamic law, and the adjudication of Islamic law disputes in courts in Muslim and non-Muslim majority nations, including the United States. Subject areas include family law, inheritance law, Islamic finance, criminal law, constitutional law, and Islamic law
Introduction and Success on the MEE -- Busisness Associations -- Conflict of Laws -- Family Law -- Federal Civil Procedure -- Trusts, Wills, and Estates -- UCC Article 3-Commercial Paper, UCC Article 9-Secured Transactions -- ABA Professional Responsibility Rules -- Common Law Contracts and UCC Sales -- Torts -- Real Property and Future Interests -- Evidence -- Constitutional Law -- Criminal Law and Procedure -- User Survey and Critique.
Introduction and Orientation -- Client Relations-Competence, Scope of Representation, and Fees -- Client relations-Confidentiality and Conflicts of Interest -- Client Relations-Disqualification, Client Funds, and Withdrawal -- Counselor, Advocate, and Third Party Dealings -- Law Firms, Marketing, and Professional Integrity -- Judiciary Ethics -- Final Exam Question Instructions -- Professional Responsibility Acronyms-Mnemonics.
When the Taliban puts a bounty on Afghan director Hassan Fazili's head, he is forced to flee with his wife and two young daughters. Capturing their uncertain journey, Fazili shows firsthand the dangers facing refugees seeking asylum and the love shared between a family on the run.