Download or read book Abuse of Discretion written by Clarke D. Forsythe and published by Encounter Books. This book was released on 2013-10-14 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on 20 years of research, including an examination of the papers of eight of the nine Justices who voted in Roe v. Wade and Doe v. Bolton, Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court's abortion decisions and how the mistakes made by the Justices in 1971-1973 have led to the turmoil we see today in legislation, politics, and public health. The first half of the book looks at the mistakes made by the Justices, based on the case files, the oral arguments, and the Justices’ papers. The second half of the book critically examines the unintended consequences of the abortion decisions in law, politics, and women’s health. Why do the abortion decisions remain so controversial after almost 40 years, despite more than 50,000,000 abortions, numerous presidential elections, and a complete turnover in the Justices? Why did such a sweeping decision—with such important consequences for public health, producing such prolonged political turmoil—come from the Supreme Court in 1973? Answering those questions is the aim of this book. The controversy over the abortion decisions has hardly subsided, and the reasons why are to be found in the Justices’ deliberations in 1971-1972 that resulted in the unprecedented decision they issued. Discuss Abuse of Discretion on Twitter using hashtag #AbuseOfDiscretion.
Download or read book Sexual Discretion written by Jeffrey Q. McCune, Jr. and published by University of Chicago Press. This book was released on 2014-03-07 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: African American men who have sex with men while maintaining a heterosexual lifestyle in public are attracting increasing interest from both the general media and scholars. Commonly referred to as “down-low” or “DL” men, many continue to have relationships with girlfriends and wives who remain unaware of their same-sex desires, and in much of the media, DL men have been portrayed as carriers of HIV who spread the virus to black women. Sexual Discretion explores the DL phenomenon, offering refreshingly innovative analysis of the significance of media, space, and ideals of black masculinity in understanding down low communities. In Sexual Discretion, Jeffrey Q. McCune Jr. provides the first in-depth examination of how the social expectations of black masculinity intersect and complicate expressions of same-sex affection and desire. Within these underground DL communities, men aren’t as highly policed—and thus are able to maintain their public roles as “properly masculine.” McCune draws from sources that range from R&B singer R. Kelly’s epic hip-hopera series Trapped in the Closet to Oprah's high-profile exposé on DL subculture; and from E. Lynn Harris’s contemporary sexual passing novels to McCune’s own interviews and ethnography in nightclubs and online chat rooms. Sexual Discretion details the causes, pressures, and negotiations driving men who rarely disclose their intimate secrets.
Download or read book Discretion written by Allison Leotta and published by Simon and Schuster. This book was released on 2012-07-03 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigating the falling death of a high-paid escort at the U.S. Capitol building, Assistant U.S. Attorney Anna Curtis teams up with brash FBI Special Agent Samantha Randazzo to examine clues implicating a powerful elected official.
Download or read book Can They Do That written by Melba Pearson and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is for lawyer and nonlawyer alike-anyone who is interested in how the criminal justice system works. If you are reading this as a new prosecutor, you can see where others went wrong as well as what options are available to you. The most important goal of this book is for the voters to see the what the criminal justice system really looks like"--
Download or read book Deliberate Discretion written by John D. Huber and published by Cambridge University Press. This book was released on 2002-09-02 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the different approaches legislators use when they write laws.
Download or read book Exercising Discretion written by Loraine Gelsthorpe and published by Routledge. This book was released on 2012-12-06 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The exercise of discretion in the criminal justice system and related agencies often plays a key part in decisions which are made, but definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book seeks to explore the importance of discretion to an understanding of the nature of the 'making of justice' in theory and practice, taking as its starting point the wide discretionary powers wielded by many of the key players in the criminal justice and related systems. It focuses on the core elements and contexts of discretion, looking at the power, ability, authority and duties of individuals, officials and organisations to decide, select or interpret vague standards, requirements or statutory uncertainties.
Download or read book The Conditions of Discretion written by Joel Handler and published by Russell Sage Foundation. This book was released on 1986-08-20 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book is concerned with interactions between ordinary people and large public bureaucracies—interactions that typically are characterized by mutual frustration and antagonism. In fact, as Joel Handler points out, the procedural guidelines intended to ensure fairness and due process fail to take account of an initial imbalance of power and tend to create adversarial rather than cooperative relationships. When the special education needs of a handicapped child must be determined, parents and school administrators often face an especially painful confrontation. The Conditions of Discretion focuses on one successful approach to educational decision making (developed by the school district of Madison, Wisconsin) in order to illustrate how such interactions can be restructured and enhanced. Madison's creative plan regards parents as part of the solution, not the problem, and uses "lay advocates" to turn conflict into an opportunity for communication. Arrangements such as these, in Handler's analysis, exemplify the theoretical conditions under which discretionary decisions can be made fairly and with the informed participation of all concerned. The Conditions of Discretion offers not only a detailed case study, sympathetically described, but also persuasive assessments of major themes in contemporary legal and social policy—informed consent, bureaucratic change, social movement activity, the relationship of the individual to the state. From these strands, Handler weaves a significant new theory of cooperative decision making that integrates the public and the private, recognizes the importance of values, and preserves autonomy within community. "A masterful blend of social criticism, social sciences, and humane, constructive thought about the future of the welfare state." —Duncan Kennedy, Harvard Law School
Download or read book Parental Discretion Is Advised written by Gerrick D. Kennedy and published by Simon and Schuster. This book was released on 2017-12-05 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experience the stunning rise, fall, and legacy of N.W.A. and how they put their stamp on pop culture, black culture, and hip-hop music forever in this “incredibly vivid look at one of music’s most iconic groups” (Associated Press). In 1986, a group was formed that would establish the foundation of gangsta rap and push the genre forward, electrifying fans with their visceral and profane lyrics that glorified the dark ways of street life and brazenly challenged the police system. Eazy-E, Dr. Dre, Ice Cube, MC Ren, and DJ Yella caused a seismic shift in hip-hop when they decided to form N.W.A in 1986. With their hard-core image, bombastic sound, and lyrics that were equal parts poetic, lascivious, conscious, and downright in-your-face, N.W.A spoke the truth about life on the streets of Compton, California—then a hotbed of poverty, drugs, gangs, and unemployment. Going beyond the story portrayed in the 2015 blockbuster movie Straight Outta Compton, through firsthand interviews, extensive research, and top-notch storytelling, Los Angeles Times music reporter Gerrick Kennedy transports you back in time and offers a front-row seat to N.W.A’s early days and the drama and controversy that followed the incendiary group as they rose to become multiplatinum artists. Kennedy leaves nothing off the table in his pursuit of the full story behind the group’s most pivotal moments, such as Ice Cube’s decision to go solo after their debut studio album became a smash hit; their battle with the FBI over inflammatory lyrics; incidents of physical assault; Dr. Dre’s departure from the group to form Death Row Records with Suge Knight; their impact on the 1992 L.A. riots; Eazy-E’s battle with AIDS; and much more. A bold, riveting, “non-stop, can’t-put-it-down ride” (Library Journal), Parental Discretion Is Advised unveils the true and astonishing history of one of the most transcendent and controversial musical groups of the 1980s and 1990s.
Download or read book Becoming a Woman of Discretion written by Nancy Leigh DeMoss and published by . This book was released on 2001-01-01 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: No woman sets out to tear down her home. But it happens in many subtle ways -- with our attitudes, our words, and our actions. Walk verse-by-verse through Proverbs 7 to discover specific characteristics of the foolish woman. A series of penetrating questions is included, to help identify ways that we as women may unknowingly be "tearing down" the lives of those around us.This message provides practical counsel to Christian women and their daughters-- instruction that is greatly needed in our generation.
Download or read book Discretion in Criminal Justice written by Lloyd E. Ohlin and published by SUNY Press. This book was released on 1993-01-01 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: A retrospective account of the research done in the 1950s by the American Bar Foundation which conducted a pilot survey of the processing of offenders from arrest to prison--to observe what actually happened at each decision point, instead of assuming that doctrinal legal analyses were sufficient. Many of the chief participants in the Survey of Criminal Justice write here about the consequences of the earlier research for subsequent scholarship, teaching, and policy, and reflect on the problem of discretion in criminal justice.
Download or read book Due Process as a Limit to Discretion in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2020-09-25 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, here for the first time is a comprehensive study on due process as a limit to arbitral discretion, showing how due process applies in practice in key jurisdictions around the world. Based on country reports prepared by leading arbitration practitioners and academics, the book explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The contributors, driven by an interest in exploring the interplay between due process and efficiency, focus on those due process guarantees that set limits to arbitral discretion. Matters covered include the following: the right to be heard and how it may be affected by submission deadlines, evidentiary offers by the opposing party, and directions to the parties as to which aspects require further pleading; the right to be treated equally and its interplay with the duty to give each party full opportunity to present its case and to comment on submissions and evidence filed by the other party; the duty to effect proper notice, including delivery and language issues; the independence and impartiality of arbitrators with a focus on when an arbitrator’s conduct can become the basis for a successful challenge; and courts’ standards of deference when examining issues arising at the post-award stage. An introductory general report thoroughly analyses the normative basis of due process and its interplay with party autonomy, as well as applicable standards of review and commonalities among manifestations of due process across jurisdictions. A signal contribution to the debate regarding the so-called due process paranoia affecting arbitral tribunals – a topic relevant in every single arbitration proceeding – this book provides practical guidelines on how to maintain the balance between due process and efficiency and how to apply due process and counteract its misuse in arbitration proceedings. It will be welcomed by counsel, arbitrators, and judges from all countries, as well as by academics and researchers concerned with international commercial arbitration.
Download or read book Discretion in the Welfare State written by Anders Molander and published by Taylor & Francis. This book was released on 2016-09-13 with total page 101 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows why the delegation of discretionary powers to professionals in the front-line of the welfare state is both unavoidable and problematic. It adds an epistemic dimension to the structural understanding of discretion, distinguishing between structural and epistemic measures of accountability.
Download or read book Discretion and the Quest for Controlled Freedom written by Tony Evans and published by Springer Nature. This book was released on 2019-08-21 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looking at discretion broadly as the exercise of controlled freedom, this edited volume introduces insights from a range of social sciences perspectives. Traditionally, discussions of discretion have drawn on legal notions of the appropriate exercise of legitimate authority specified by legislators. However, empirical and theoretical studies in the social sciences have extended our understanding of discretion, moving us beyond a narrow legal view. Contributors from a range of disciplines explore the idea of discretion and related notions of freedom and control across social and political practices and in different contexts. As this complex and important topic is discussed and examined, both total control and unconstrained freedom appear to be illusions.
Download or read book Discretion Discrimination and the Rule of Law written by Mrinal Satish and published by Cambridge University Press. This book was released on 2017 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""Aims to analyse whether unwarranted disparity existed in rape sentencing in India, which anecdotal work of other scholars had pointed to"--Provided by publisher"--
Download or read book Managerial Discretion and Performance in China written by Hagen Wülferth and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theoretical and empirical literature to date has fallen short of reaching a consensus as to whether granting more managerial discretion to managers tends to enhance, not alter or diminish organizational performance (the discretion puzzle). This book aims to build a bridge between these contradictory results by synthesising principal-agent theory, stewardship theory, and managerial discretion theory into a new empirically-validated model. Using a representative sample of 'double-blind' interviews with managers of 467 firms in China and applying partial least squares path modelling (PLS), the study identifies a potential cause of the discretion puzzle: the failure of the extant literature to account for granularity in the way that managers use their discretion. This generates far-reaching implications for theoretical and empirical research as well as practical recommendations for managing managers in multinationals and Chinese companies.
Download or read book Discretion Discrimination and the Rule of Law written by Mrinal Satish and published by Cambridge University Press. This book was released on 2016-11-02 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses and analyses the rape sentencing regime in India, and demonstrates that despite law reform, the myths and stereotypes about rapists and rape victims that used to be embedded in the positive law of rape and/or in evidence law have, in many cases, merely shifted from the charging and trial stages to the sentencing stage. The book further argues that rape myths and stereotypes influence sentencing, leading to unwarranted disparity. It undertakes a theoretical examination of the purposes of punishment, the fundamentally overlapping nature of the stages of the criminal process, and the meaning of 'disparity'. The book sets forth what the sentencing guidelines for rape in India might provide, discussing factors that should be considered relevant and irrelevant in the sentencing of rape offenders. The underlying theme of the book is to bring the rule of law to criminal sentencing in India.
Download or read book Police Discretion in India written by Satyajit Mohanty and published by Taylor & Francis. This book was released on 2023-08-31 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first empirical study of police discretion in India. Going beyond anecdotal accounts, it addresses the issues and concerns of arrest discretion behaviour of police with analysis of available literature internationally, testing the validity in the context of police in India and explaining the gap that exists between the legislative intent and field law enforcement. It establishes how extralegal determinants like subculture, environment and situations influence arrest discretion as much as legal determinants such as statutes, rules, manuals and court rulings. It also provides vital explanations on the working of the police system in India. The volume will be of great interest to policymakers, police leaders, officers of judiciary, scholars and researchers of criminology and criminal justice, sociology and social anthropology and South Asian studies.
