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 342 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 Judicial Discretion written by J. Eric Smithburn and published by . This book was released on 1991 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Discretion to Disobey written by Mortimer R. Kadish and published by Quid Pro Books. This book was released on 2012-01-06 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond civil disobedience and the citizen's power to protest and defy law, this book looks at rule departures actually sanctioned by law.This acclaimed study by philosophy professor Mortimer Kadish and law professor Sanford Kadish is a truly interdisciplinary inquiry into the idea of departing from the strict letter of the law in a way that, they argue, actually comports with both law and morality.An instant classic and source of debate when first published by Stanford University Press in 1973, this book still resonates on questions of rule violations for the greater good, jury nullification, police and prosecutor discretion not to arrest or charge, civil disobedience, and the very concept of rules. Both citizens and government actors, they write, hold the power and the right to deviate from law in certain contexts and yet not act illegally in a sense -- because law itself contains strands of adaptations to its own departures that the authors weave into a sustained jurisprudential point.As one reviewer soon wrote, "the paradoxical idea that a citizen or official may lawfully break the law" will surely "raise the hackles" of any legal positivist. Yet it remains a challenging idea well worth considering. This book, despite its reputation in the fields of law and philosophy, is actually accessible to fields and scholars beyond, and to citizens who are finding their rightful place among the powers of governmental institutions.Part of the Classics of Law & Society Series from Quid Pro, includes 2010 Notes by the series editor and is available in new high-quality digital formats as well.

Download or read book Clinical Guidelines and the Law written by Brian Hurwitz and published by CRC Press. This book was released on 2018-05-08 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guidelines are powerful instruments of assistance to clinicians, capable of extending the clinical roles of nurses and pharmacists. Purchasers and managers perceive them as technological tools guaranteeing treatment quality. Guidelines also offer mechanisms by which doctors and other health care professionals can be made more accountable to their patients. - But how can clinicians tell whether a guideline has authority, and whether or not it should be followed? - Does the law protect doctors who comply with guidelines? - Are guideline developers liable for faulty advice? This timely book provides a comprehensive and accessible analysis of the many medical and legal issues arising from the current explosion of clinical guidelines. Featuring clear summaries of relevant UK, US and Commonwealth case law, it is vital reading for all doctors, health care workers, managers, purchasers, patients, and lawyers.

Download or read book Discretion in Criminal Justice written by Lloyd E. Ohlin and published by State University of New York Press. This book was released on 1993-08-10 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Uses of Discretion written by Keith Hawkins and published by Oxford University Press on Demand. This book was released on 1994 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discretion is a pervasive phenomenon in legal systems. It is of concern to lawyers because it can be a force for justice or injustice: at once a means of advancing the broad purposes of law and of subventing them. For social scientists the discretion exercised by legal actors is animportant form of decision-making behaviour, in which legal rules are merely one force in a field of pressures and constraints that push towards certain courses of action or inaction. This book presents a variety of analyses of legal discretion by lawyers and social scientists (drawn from bothsides of the Atlantic), who have made discretion and its uses a central part of their scholarly concerns.

Download or read book Discretionary Justice written by Howard Abadinsky and published by Charles C. Thomas Publisher. This book was released on 1984 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Guidelines for Discretion Twelve models for local law enforcement agencies F J Crisafi and F A Wileman co editors written by and published by . This book was released on 1970 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Sentencing Guidelines written by and published by . This book was released on 1978 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Guidelines for Discretion written by and published by . This book was released on 1971 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Managerial Discretion in Government Decision Making written by Jacqueline Vaughn and published by Jones & Bartlett Publishers. This book was released on 2007 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Managerial Discretion In Government Decision Making: Beyond The Street Level Provides A Comprehensive Discussion Of Managerial And Executive Discretion At All Levels Of Government. Beginning With A Discussion Of Moving Beyond Street-Level Discourse, This Book Sets The Stage For Studying Managerial Discretion. It Examines Aspects Of Expertise In Discretionary Decision Making At The Federal Level, Including Several Case Examples To Account For The Wide Usage Of Executive Orders In Managerial Positions, And Examines The Formal Roles Of Managers At State Government Levels, While Highlighting The Variations Among State Managers In Their Usage Of Discretion, With Examples Of State Managers With Too Much Discretion. Next The Book Identifies Key Aspects Of Managerial Discretion In Local Governments, Including Information On The Applicability Of Discretion In School Districts And Its Implications In Decision Making, Discusses The Myriad Ways In Which Managers In Local Jurisdictions Either Individually Or Collectively Make Decisions Within The Parameters Of State Laws, Board Regulations, And/Or Council Ordinances, And Concludes With A Discussion Of How Much Discretion Managers Should Have And Dangers Inherent In Providing Managers With Too Much Discretion, And Reinforces The Discourses On Accountability In Public Organizations.

Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Guidelines for Discretion written by Fred A. Wileman and published by . This book was released on 1970 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Sentencing Guidelines written by and published by . This book was released on 1976 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: