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An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order
Book Synopsis The Justice of Contradictions by : Richard L. Hasen
Download or read book The Justice of Contradictions written by Richard L. Hasen and published by Yale University Press. This book was released on 2018-03-20 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order
The passage of the Americans with Disabilities Act in 1990 was hailed as revolutionary legislation, but in the ensuing years restrictive Supreme Court decisions have prompted accusations that the Court has betrayed the disability rights movement. The ADA can lay claim to notable successes, yet people with disabilities continue to be unemployed at extremely high rates. In this timely book, Samuel R. Bagenstos examines the history of the movement and discusses the various, often-conflicting projects of diverse participants. He argues that while the courts deserve some criticism, some may also be fairly aimed at the choices made by prominent disability rights activists as they crafted and argued for the ADA. The author concludes with an assessment of the limits of antidiscrimination law in integrating and empowering people with disabilities, and he suggests new policy directions to make these goals a reality.
Book Synopsis Law and the Contradictions of the Disability Rights Movement by : Samuel R. Bagenstos
Download or read book Law and the Contradictions of the Disability Rights Movement written by Samuel R. Bagenstos and published by Yale University Press. This book was released on 2009-06-23 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The passage of the Americans with Disabilities Act in 1990 was hailed as revolutionary legislation, but in the ensuing years restrictive Supreme Court decisions have prompted accusations that the Court has betrayed the disability rights movement. The ADA can lay claim to notable successes, yet people with disabilities continue to be unemployed at extremely high rates. In this timely book, Samuel R. Bagenstos examines the history of the movement and discusses the various, often-conflicting projects of diverse participants. He argues that while the courts deserve some criticism, some may also be fairly aimed at the choices made by prominent disability rights activists as they crafted and argued for the ADA. The author concludes with an assessment of the limits of antidiscrimination law in integrating and empowering people with disabilities, and he suggests new policy directions to make these goals a reality.
For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective ‘twilight institutions’, like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one’s community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management. These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people’s circumstances and traditional authorities’ lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice – namely, peace and protection from violence as well as mitigation of poverty and destitution – that rural people genuinely need.
Book Synopsis Access to Justice and Human Security by : Sindiso Mnisi Weeks
Download or read book Access to Justice and Human Security written by Sindiso Mnisi Weeks and published by Routledge. This book was released on 2017-11-22 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective ‘twilight institutions’, like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one’s community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management. These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people’s circumstances and traditional authorities’ lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice – namely, peace and protection from violence as well as mitigation of poverty and destitution – that rural people genuinely need.
An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.
Book Synopsis Uncertain Justice by : Laurence Tribe
Download or read book Uncertain Justice written by Laurence Tribe and published by Macmillan. This book was released on 2014-06-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.
Despite being one of the world's most vibrant democracies, police estimate between five and ten percent of the murders in South Africa result from vigilante violence. This is puzzling given the country's celebrated transition to democracy and massive reform of the state's legal institutions. Where most studies explain vigilantism as a response to state or civic failure, in Contradictions of Democracy, Nicholas Rush Smith illustrates that vigilantism is actually a response to the processes of democratic state formation. In the context of densely networked neighborhoods, vigilante citizens often interpret the technical success of legal institutions-for instance, the arrest and subsequent release of suspects on bail-as failure and work to correct such perceived failures on their own. Smith also shows that vigilantism provides a new lens through which to understand democratic state formation. Among young men of color in some parts of South Africa, fear of extra-judicial police violence is common. Amid such fear, instead of the state seeming protective, it can appear as something akin to a massive vigilante organization. An insightful look into the high rates of vigilantism in South Africa and the general challenges of democratic state building, Contradictions of Democracy explores fundamental questions about political order, the rule of law, and democratic citizenship.
Book Synopsis Contradictions of Democracy by : Nicholas Rush Smith
Download or read book Contradictions of Democracy written by Nicholas Rush Smith and published by Oxford University Press. This book was released on 2019-01-17 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite being one of the world's most vibrant democracies, police estimate between five and ten percent of the murders in South Africa result from vigilante violence. This is puzzling given the country's celebrated transition to democracy and massive reform of the state's legal institutions. Where most studies explain vigilantism as a response to state or civic failure, in Contradictions of Democracy, Nicholas Rush Smith illustrates that vigilantism is actually a response to the processes of democratic state formation. In the context of densely networked neighborhoods, vigilante citizens often interpret the technical success of legal institutions-for instance, the arrest and subsequent release of suspects on bail-as failure and work to correct such perceived failures on their own. Smith also shows that vigilantism provides a new lens through which to understand democratic state formation. Among young men of color in some parts of South Africa, fear of extra-judicial police violence is common. Amid such fear, instead of the state seeming protective, it can appear as something akin to a massive vigilante organization. An insightful look into the high rates of vigilantism in South Africa and the general challenges of democratic state building, Contradictions of Democracy explores fundamental questions about political order, the rule of law, and democratic citizenship.
" . . . a distinct, broad, but compelling framework for examining a variety of laws and social policies." —Legal Studies Forum " . . . a very rich volume that has something to offer to many different tastes . . . an excellent companion to the main textbook in a large undergraduate law-and-society course." —Contemporary Sociology No issue has captured the imagination of social scientists and legal scholars more consistently than the creation of laws. The political implications of the study of law and society often create ideological diatribes with little attention to empirical detail. In this book, legal scholars, sociologists, political scientists, and anthropologists join in an attempt to develop and refine a structural theory of law.
Book Synopsis Making Law by : William J. Chambliss
Download or read book Making Law written by William J. Chambliss and published by Indiana University Press. This book was released on 1993-11-22 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: " . . . a distinct, broad, but compelling framework for examining a variety of laws and social policies." —Legal Studies Forum " . . . a very rich volume that has something to offer to many different tastes . . . an excellent companion to the main textbook in a large undergraduate law-and-society course." —Contemporary Sociology No issue has captured the imagination of social scientists and legal scholars more consistently than the creation of laws. The political implications of the study of law and society often create ideological diatribes with little attention to empirical detail. In this book, legal scholars, sociologists, political scientists, and anthropologists join in an attempt to develop and refine a structural theory of law.
An enraging, necessary look at the private prison system, and a convincing clarion call for prison reform.” —NPR.org New York Times Book Review 10 Best Books of 2018 * One of President Barack Obama’s favorite books of 2018 * Winner of the 2019 J. Anthony Lukas Book Prize * Winner of the Helen Bernstein Book Award for Excellence in Journalism * Winner of the 2019 RFK Book and Journalism Award * A New York Times Notable Book A ground-breaking and brave inside reckoning with the nexus of prison and profit in America: in one Louisiana prison and over the course of our country's history. In 2014, Shane Bauer was hired for $9 an hour to work as an entry-level prison guard at a private prison in Winnfield, Louisiana. An award-winning investigative journalist, he used his real name; there was no meaningful background check. Four months later, his employment came to an abrupt end. But he had seen enough, and in short order he wrote an exposé about his experiences that won a National Magazine Award and became the most-read feature in the history of the magazine Mother Jones. Still, there was much more that he needed to say. In American Prison, Bauer weaves a much deeper reckoning with his experiences together with a thoroughly researched history of for-profit prisons in America from their origins in the decades before the Civil War. For, as he soon realized, we can't understand the cruelty of our current system and its place in the larger story of mass incarceration without understanding where it came from. Private prisons became entrenched in the South as part of a systemic effort to keep the African-American labor force in place in the aftermath of slavery, and the echoes of these shameful origins are with us still. The private prison system is deliberately unaccountable to public scrutiny. Private prisons are not incentivized to tend to the health of their inmates, or to feed them well, or to attract and retain a highly-trained prison staff. Though Bauer befriends some of his colleagues and sympathizes with their plight, the chronic dysfunction of their lives only adds to the prison's sense of chaos. To his horror, Bauer finds himself becoming crueler and more aggressive the longer he works in the prison, and he is far from alone. A blistering indictment of the private prison system, and the powerful forces that drive it, American Prison is a necessary human document about the true face of justice in America.
Book Synopsis American Prison by : Shane Bauer
Download or read book American Prison written by Shane Bauer and published by Penguin. This book was released on 2018-09-18 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: An enraging, necessary look at the private prison system, and a convincing clarion call for prison reform.” —NPR.org New York Times Book Review 10 Best Books of 2018 * One of President Barack Obama’s favorite books of 2018 * Winner of the 2019 J. Anthony Lukas Book Prize * Winner of the Helen Bernstein Book Award for Excellence in Journalism * Winner of the 2019 RFK Book and Journalism Award * A New York Times Notable Book A ground-breaking and brave inside reckoning with the nexus of prison and profit in America: in one Louisiana prison and over the course of our country's history. In 2014, Shane Bauer was hired for $9 an hour to work as an entry-level prison guard at a private prison in Winnfield, Louisiana. An award-winning investigative journalist, he used his real name; there was no meaningful background check. Four months later, his employment came to an abrupt end. But he had seen enough, and in short order he wrote an exposé about his experiences that won a National Magazine Award and became the most-read feature in the history of the magazine Mother Jones. Still, there was much more that he needed to say. In American Prison, Bauer weaves a much deeper reckoning with his experiences together with a thoroughly researched history of for-profit prisons in America from their origins in the decades before the Civil War. For, as he soon realized, we can't understand the cruelty of our current system and its place in the larger story of mass incarceration without understanding where it came from. Private prisons became entrenched in the South as part of a systemic effort to keep the African-American labor force in place in the aftermath of slavery, and the echoes of these shameful origins are with us still. The private prison system is deliberately unaccountable to public scrutiny. Private prisons are not incentivized to tend to the health of their inmates, or to feed them well, or to attract and retain a highly-trained prison staff. Though Bauer befriends some of his colleagues and sympathizes with their plight, the chronic dysfunction of their lives only adds to the prison's sense of chaos. To his horror, Bauer finds himself becoming crueler and more aggressive the longer he works in the prison, and he is far from alone. A blistering indictment of the private prison system, and the powerful forces that drive it, American Prison is a necessary human document about the true face of justice in America.
Sophie is young and queer and into feminist theory. She decides to study abroad, choosing Paris for no firm reason beyond liking French comics. Feeling a bit lonely and out of place, she’s desperate for community and a sense of belonging. She stumbles into what/who she’s looking for when she meets Zena. An anarchist student-activist committed to veganism and shoplifting, Zena offers Sophie a whole new political ideology that feels electric. Enamored—of Zena, of the idea of living more righteously—Sophie finds herself swept up in a whirlwind friendship that blows her even further from her rural California roots as they embark on a disastrous hitchhiking trip to Amsterdam and Berlin, full of couch surfing, drug tripping, and radical book fairs. Capturing that time in your life where you’re meeting new people and learning about the world—when everything feels vital and urgent—The Contradictions is Sophie Yanow’s fictionalized coming-of-age story. Sophie’s attempts at ideological purity are challenged time and again, putting into question the plausibility of a life of dogma in a world filled with contradictions. Keenly observed, frank, and very funny, The Contradictions speaks to a specific reality while also being incredibly relatable, reminding us that we are all imperfect people in an imperfect world.
Book Synopsis The Contradictions by : Sophie Yanow
Download or read book The Contradictions written by Sophie Yanow and published by Drawn & Quarterly. This book was released on 2021-04-14 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sophie is young and queer and into feminist theory. She decides to study abroad, choosing Paris for no firm reason beyond liking French comics. Feeling a bit lonely and out of place, she’s desperate for community and a sense of belonging. She stumbles into what/who she’s looking for when she meets Zena. An anarchist student-activist committed to veganism and shoplifting, Zena offers Sophie a whole new political ideology that feels electric. Enamored—of Zena, of the idea of living more righteously—Sophie finds herself swept up in a whirlwind friendship that blows her even further from her rural California roots as they embark on a disastrous hitchhiking trip to Amsterdam and Berlin, full of couch surfing, drug tripping, and radical book fairs. Capturing that time in your life where you’re meeting new people and learning about the world—when everything feels vital and urgent—The Contradictions is Sophie Yanow’s fictionalized coming-of-age story. Sophie’s attempts at ideological purity are challenged time and again, putting into question the plausibility of a life of dogma in a world filled with contradictions. Keenly observed, frank, and very funny, The Contradictions speaks to a specific reality while also being incredibly relatable, reminding us that we are all imperfect people in an imperfect world.
McNeil traces the poor quality of high school instruction t the tensions between the social control purposes of schooling and the schools' educational goals.
Book Synopsis Contradictions of Control by : Linda M. McNeil
Download or read book Contradictions of Control written by Linda M. McNeil and published by Routledge. This book was released on 2013-10-14 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: McNeil traces the poor quality of high school instruction t the tensions between the social control purposes of schooling and the schools' educational goals.
“Consistently gripping.… [I]t’s possessed of a zest and omnivorous curiosity that reflects the boundless energy of its subject.” —Steve Donoghue, Christian Science Monitor Oliver Wendell Holmes escaped death twice as a young Union officer in the Civil War. He lived ever after with unwavering moral courage, unremitting scorn for dogma, and an insatiable intellectual curiosity. During his nearly three decades on the Supreme Court, he wrote a series of opinions that would prove prophetic in securing freedom of speech, protecting the rights of criminal defendants, and ending the Court’s reactionary resistance to social and economic reforms. As a pioneering legal scholar, Holmes revolutionized the understanding of common law. As an enthusiastic friend, he wrote thousands of letters brimming with an abiding joy in fighting the good fight. Drawing on many previously unpublished letters and records, Stephen Budiansky offers the fullest portrait yet of this pivotal American figure.
Book Synopsis Oliver Wendell Holmes: A Life in War, Law, and Ideas by : Stephen Budiansky
Download or read book Oliver Wendell Holmes: A Life in War, Law, and Ideas written by Stephen Budiansky and published by W. W. Norton & Company. This book was released on 2019-05-28 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Consistently gripping.… [I]t’s possessed of a zest and omnivorous curiosity that reflects the boundless energy of its subject.” —Steve Donoghue, Christian Science Monitor Oliver Wendell Holmes escaped death twice as a young Union officer in the Civil War. He lived ever after with unwavering moral courage, unremitting scorn for dogma, and an insatiable intellectual curiosity. During his nearly three decades on the Supreme Court, he wrote a series of opinions that would prove prophetic in securing freedom of speech, protecting the rights of criminal defendants, and ending the Court’s reactionary resistance to social and economic reforms. As a pioneering legal scholar, Holmes revolutionized the understanding of common law. As an enthusiastic friend, he wrote thousands of letters brimming with an abiding joy in fighting the good fight. Drawing on many previously unpublished letters and records, Stephen Budiansky offers the fullest portrait yet of this pivotal American figure.
