Download or read book Law as Last Resort written by Keith Hawkins and published by Oxford University Press, USA. This book was released on 2002 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the attrition of cases by studying decisions made about their creation, handling, disposal, and prosecution."--BOOK JACKET
Download or read book Connectedness and Contagion written by Hal S. Scott and published by MIT Press. This book was released on 2016-05-13 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: An argument that contagion is the most significant risk facing the financial system and that Dodd¬Frank has reduced the government's ability to respond effectively. The Dodd–Frank Act of 2010 was intended to reform financial policies in order to prevent another massive crisis such as the financial meltdown of 2008. Dodd–Frank is largely premised on the diagnosis that connectedness was the major problem in that crisis—that is, that financial institutions were overexposed to one another, resulting in a possible chain reaction of failures. In this book, Hal Scott argues that it is not connectedness but contagion that is the most significant element of systemic risk facing the financial system. Contagion is an indiscriminate run by short-term creditors of financial institutions that can render otherwise solvent institutions insolvent. It poses a serious risk because, as Scott explains, our financial system still depends on approximately $7.4 to $8.2 trillion of runnable and uninsured short-term liabilities, 60 percent of which are held by nonbanks. Scott argues that efforts by the Federal Reserve, the FDIC, and the Treasury to stop the contagion that exploded after the bankruptcy of Lehman Brothers lessened the economic damage. And yet Congress, spurred by the public's aversion to bailouts, has dramatically weakened the power of the government to respond to contagion, including limitations on the Fed's powers as a lender of last resort. Offering uniquely detailed forensic analyses of the Lehman Brothers and AIG failures, and suggesting alternative regulatory approaches, Scott makes the case that we need to restore and strengthen our weapons for fighting contagion.
Download or read book The Court of Last Resort written by Erle Stanley Gardner and published by Open Road Media. This book was released on 2017-04-11 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edgar Award Winner: True stories of miscarriages of justice, legal battles, and landmark reversals, by the creator of Perry Mason. In 1945, Erle Stanley Gardner, noted attorney and author of the popular Perry Mason mysteries, was contacted by an overwhelmed California public defender who believed his doomed client was innocent. William Marvin Lindley had been convicted of the rape and murder of a young girl along the banks of the Yuba River, and was awaiting execution at San Quentin. After reviewing the case, Gardner agreed to help—it seemed the fate of the “Red-Headed Killer” hinged on the testimony of a colorblind witness. Gardner’s intervention sparked the Court of Last Resort. The Innocence Project of its day, this ambitious and ultimately successful undertaking was devoted to investigating, reviewing, and reversing wrongful convictions owing to poor legal representation, prosecutorial abuses, biased police activity, bench corruption, unreliable witnesses, and careless forensic-evidence testimony. The crimes: rape, murder, kidnapping, and manslaughter. The prisoners: underprivileged and vulnerable men wrongly convicted and condemned to life sentences or death row with only one hope—the devotion of Erle Stanley Gardner and the Court of Last Resort. Featuring Gardner’s most damning cases of injustice from across the country, The Court of Last Resort won the Edgar Award for Best Fact Crime. Originating as a monthly column in Argosy magazine, it was produced as a dramatized court TV show for NBC.
Download or read book The Last Resort written by Norma Watkins and published by Univ. Press of Mississippi. This book was released on 2011-05-09 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raised under the racial segregation that kept her family's southern country hotel afloat, Norma Watkins grows up listening at doors, trying to penetrate the secrets and silences of the black help and of her parents' marriage. Groomed to be an ornament to white patriarchy, she sees herself failing at the ideal of becoming a southern lady. The Last Resort, her compelling memoir, begins in childhood at Allison's Wells, a popular Mississippi spa for proper white people, run by her aunt. Life at the rambling hotel seems like paradise. Yet young Norma wonders at a caste system that has colored people cooking every meal while forbidding their sitting with whites to eat. Once integration is court-mandated, her beloved father becomes a stalwart captain in defense of Jim Crow as a counselor to fiery, segregationist Governor Ross Barnett. His daughter flounders, looking for escape. A fine house, wonderful children, and a successful husband do not compensate for the shock of Mississippi's brutal response to change, daily made manifest by the men in her home. A sexually bleak marriage only emphasizes a growing emotional emptiness. When a civil rights lawyer offers love and escape, does a good southern lady dare leave her home state and closed society behind? With humor and heartbreak, The Last Resort conveys at once the idyllic charm and the impossible compromises of a lost way of life.
Download or read book Last Resort written by Eric A. Posner and published by University of Chicago Press. This book was released on 2018-04-02 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: The bailouts during the recent financial crisis enraged the public. They felt unfair—and counterproductive: people who take risks must be allowed to fail. If we reward firms that make irresponsible investments, costing taxpayers billions of dollars, aren’t we encouraging them to continue to act irresponsibly, setting the stage for future crises? And beyond the ethics of it was the question of whether the government even had the authority to bail out failing firms like Bear Stearns and AIG. The answer, according to Eric A. Posner, is no. The federal government freely and frequently violated the law with the bailouts—but it did so in the public interest. An understandable lack of sympathy toward Wall Street has obscured the fact that bailouts have happened throughout economic history and are unavoidable in any modern, market-based economy. And they’re actually good. Contrary to popular belief, the financial system cannot operate properly unless the government stands ready to bail out banks and other firms. During the recent crisis, Posner agues, the law didn’t give federal agencies sufficient power to rescue the financial system. The legal constraints were damaging, but harm was limited because the agencies—with a few exceptions—violated or improvised elaborate evasions of the law. Yet the agencies also abused their power. If illegal actions were what it took to advance the public interest, Posner argues, we ought to change the law, but we need to do so in a way that also prevents agencies from misusing their authority. In the aftermath of the crisis, confusion about what agencies did do, should have done, and were allowed to do, has prevented a clear and realistic assessment and may hamper our response to future crises. Taking up the common objections raised by both right and left, Posner argues that future bailouts will occur. Acknowledging that inevitability, we can and must look ahead and carefully assess our policy options before we need them.
Download or read book Politics of Last Resort written by Jonathan White and published by Oxford University Press, USA. This book was released on 2020-01-13 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prominent in the EU's recent transformations has been the tendency to advance extraordinary measures in the name of crisis response. From emergency lending to macro-economics, border management to Brexit, policies are pursued unconventionally and as measures of last resort. This book investigates the nature, rise, and implications of this politics of emergency as it appears in the transnational setting. As the author argues, recourse to this method of rule is an expression of the deeper weakness of executive power in today's Europe. It is how policy-makers contend with rising socio-economic power and diminishing representative ties, seeking fall-back authority in the management of crises. In the structure of the EU they find incentives and few impediments. Whereas political exceptionalism tends to be associated with sovereign power, here it is power's diffusion and functional disaggregation that spurs politics in the emergency mode. The effect of these governing patterns is not just to challenge and reshape ideas of EU legitimacy rooted in constitutionalism and technocracy. The politics of emergency fosters a counter-politics in its mirror image, as populists and others play with themes of necessity and claim the right to disobedience in extremis. The book examines the prospects for democracy once the politics of emergency takes hold, and what it might mean to put transnational politics on a different footing.
Download or read book The Criminal Law as Last Resort written by Douglas Husak and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this article I examine one condition a minimalist theory of criminalization might contain: the criminal law should be used only as a last resort. I discuss how this principle should be interpreted and the reasons we have to accept it. I conclude that a theory of criminalization should probably include the (appropriately construed) last resort principle. But this conclusion will prove disappointing to those who hope to employ this principle to bring about fundamental reform in the substantive criminal law. I argue that the last resort principle may not help to reverse the growth of the criminal law to any degree that could not be achieved more directly and less controversially by other principles that a theory of criminalization is generally thought to include. Unless we reject others parts of conventional wisdom about crime and punishment, the application of a last resort principle is unlikely to bring about sweeping changes that theorists might have anticipated.
Download or read book Command and Persuade written by Peter Baldwin and published by MIT Press. This book was released on 2021-10-05 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? Voted one of the best law books of 2021 by the UK Times. Levels of violent crime have been in a steady decline for centuries--for millennia, even. Over the past five hundred years, homicide rates have decreased a hundred-fold. We live in a time that is more orderly and peaceful than ever before in human history. Why, then, does fear of crime dominate modern politics? Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? In Command and Persuade, Peter Baldwin examines the evolution of the state's role in crime and punishment over three thousand years. Baldwin explains that the involvement of the state in law enforcement and crime prevention is relatively recent. In ancient Greece, those struck by lightning were assumed to have been punished by Zeus. In the Hebrew Bible, God was judge, jury, and prosecutor when Cain killed Abel. As the state’s power as lawgiver grew, more laws governed behavior than ever before; the sum total of prohibited behavior has grown continuously. At the same time, as family, community, and church exerted their influences, we have become better behaved and more law-abiding. Even as the state stands as the socializer of last resort, it also defines through law the terrain on which we are schooled into acceptable behavior.
Download or read book Court of Last Resort written by Carol A. B. Warren and published by University of Chicago Press. This book was released on 1984-08 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Last Resort looks at decision making in a mental-health court and at the dilemmas of treating mental illness while protecting patients' legal rights. Carol Warren spent seven years studying hearings in a large California court where people who had been involuntarily committed to institutions for psychiatric treatment could petition for their release. In this book she confronts questions of whether mental illness is real or only a label for societal control, whether the government should be involved in committing the deviant to institutions, and how the interaction of judges, psychiatrists, families, police, and other individuals and agencies affect the court's administration of mental-health law. Though the cases in this book fall under California's Lanterman-Petris-Short Act, Warren's analysis of conflicts between legal and medical models of behavior is of national and international importance both to sociologists and to the many professionals who work at the juncture of mental health and the law.
Download or read book Ignorance of Law written by Douglas Husak and published by Oxford University Press. This book was released on 2016-07-21 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically. The author grounds his position in an underlying theory of moral and criminal responsibility according to which blameworthiness consists in a defective response to the moral reasons one has. Since persons cannot be faulted for failing to respond to reasons for criminal liability they do not believe they have, then ignorance should almost always excuse. But persons are somewhat responsible for their wrongs when their mistakes of law are reckless, that is, when they consciously disregard a substantial and unjustifiable risk that their conduct might be wrong. This book illustrates this with examples and critiques the arguments to the contrary offered by criminal theorists and moral philosophers. It assesses the real-world implications for the U.S. system of criminal justice. The author describes connections between the problem of ignorance of law and other topics in moral and legal theory.
Download or read book The Court of Last Resort written by Matthew J. Flynn and published by Speaking Volumes. This book was released on with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal Judge Adam Willow, a former Marine commando, demands perfect justice. Some defendants are acquitted by juries in his Chicago courtroom, but none survive. Set in Chicago in the late 1980's and early '90s, the commando Judge takes matters into his own hands. He starts when he is left alone with a defendant who has escaped justice, and in a moment of pure impulse, he kills the man. Emboldened by the experience, he goes on to murder more defendants. But when he kills a corrupt Supreme Court Justice, and an innocent man is put on trial for the murder, Judge Willow faces a crisis of conscience. He tries to save the defendant, but he fails. His law clerk, a beautiful Asian woman with whom he is having an affair, tries to soothe him. But in the end, the Judge must sit in trial on himself in the Court of Last Resort.
Download or read book Debt s Dominion written by David A. Skeel Jr. and published by Princeton University Press. This book was released on 2014-04-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.
Download or read book Criminal Law in the Age of the Administrative State written by Vincent Chiao and published by Studies in Penal Theory and Ph. This book was released on 2018-11-12 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the criminal law for? One influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. On this account, the criminal law has an intrinsic subject matter-certain types of moral wrongdoing-and it provides a distinctive response to that wrongdoing, namely condemnatory punishment. In Criminal Law in the Age of the Administrative State, Vincent Chiao offers an alternative, public law account. What the criminal law is for, Chiao suggests, is sustaining social cooperation with public institutions. Consequently, we only have reason to support the use of the criminal law insofar as its use is consistent with our reasons for valuing the social order established by those institutions. By starting with the political morality of public institutions rather than the interpersonal morality of private relationships, this account shows how the criminal law is continuous with the modern administrative and welfare state, and why it is answerable to the same political virtues. Chiao sketches a democratic egalitarian account of those virtues, one that is loosely consequentialist, egalitarian but not equalizing, and centered on a form of freedom-effective access to central capabilities-as its currency of evaluation. From this point of view, the role of the criminal law is to help public institutions create a society in which each person can lead a life as a peer among peers. Chiao shows how a democratic egalitarian approach to criminal justice provides a fresh perspective on a range of contemporary problems, from mass incarceration to overcriminalization, due process and the collateral consequences of a criminal conviction.
Download or read book The Lender of Last Resort Function after the Global Financial Crisis written by Marc Dobler and published by International Monetary Fund. This book was released on 2016-01-22 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global financial crisis (GFC) has renewed interest in emergency liquidity support (sometimes referred to as “Lender of Last Resort”) provided by central banks to financial institutions and challenged the traditional way of conducting these operations. Despite a vast literature on the topic, central bank approaches and practices vary considerably. In this paper we focus on, for the most part, the provision of idiosyncratic support, approaching it from an operational perspective; highlighting different approaches adopted by central banks; and also identifying some of the issues that arose during the GFC.
Download or read book Tough on Hate written by Clara S. Lewis and published by Rutgers University Press. This book was released on 2013-12-13 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do we know every gory crime scene detail about such victims as Matthew Shepard and James Byrd Jr. and yet almost nothing about the vast majority of other hate crime victims? Now that federal anti-hate-crimes laws have been passed, why has the number of these crimes not declined significantly? To answer such questions, Clara S. Lewis challenges us to reconsider our understanding of hate crimes. In doing so, she raises startling issues about the trajectory of civil and minority rights. Tough on Hate is the first book to examine the cultural politics of hate crimes both within and beyond the law. Drawing on a wide range of sources—including personal interviews, unarchived documents, television news broadcasts, legislative debates, and presidential speeches—the book calls attention to a disturbing irony: the sympathetic attention paid to certain shocking hate crime murders further legitimizes an already pervasive unwillingness to act on the urgent civil rights issues of our time. Worse still, it reveals the widespread acceptance of ideas about difference, tolerance, and crime that work against future progress on behalf of historically marginalized communities.
Download or read book The Last Resort written by Douglas Rogers and published by Crown. This book was released on 2009-09-22 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thrilling, heartbreaking, and, at times, absurdly funny, The Last Resort is a remarkable true story about one family in a country under siege and a testament to the love, perseverance, and resilience of the human spirit. Born and raised in Zimbabwe, Douglas Rogers is the son of white farmers living through that country’s long and tense transition from postcolonial rule. He escaped the dull future mapped out for him by his parents for one of adventure and excitement in Europe and the United States. But when Zimbabwe’s president Robert Mugabe launched his violent program to reclaim white-owned land and Rogers’s parents were caught in the cross fire, everything changed. Lyn and Ros, the owners of Drifters–a famous game farm and backpacker lodge in the eastern mountains that was one of the most popular budget resorts in the country–found their home and resort under siege, their friends and neighbors expelled, and their lives in danger. But instead of leaving, as their son pleads with them to do, they haul out a shotgun and decide to stay. On returning to the country of his birth, Rogers finds his once orderly and progressive home transformed into something resembling a Marx Brothers romp crossed with Heart of Darkness: pot has supplanted maize in the fields; hookers have replaced college kids as guests; and soldiers, spies, and teenage diamond dealers guzzle beer at the bar. And yet, in spite of it all, Rogers’s parents–with the help of friends, farmworkers, lodge guests, and residents–among them black political dissidents and white refugee farmers–continue to hold on. But can they survive to the end? In the midst of a nation stuck between its stubborn past and an impatient future, Rogers soon begins to see his parents in a new light: unbowed, with passions and purpose renewed, even heroic. And, in the process, he learns that the "big story" he had relentlessly pursued his entire adult life as a roving journalist and travel writer was actually happening in his own backyard. Evoking elements of The Tender Bar and Absurdistan, The Last Resort is an inspiring, coming-of-age tale about home, love, hope, responsibility, and redemption. An edgy, roller-coaster adventure, it is also a deeply moving story about how to survive a corrupt Third World dictatorship with a little innovation, humor, bribery, and brothel management.
Download or read book Comparative Reasoning in International Courts and Tribunals written by Daniel Peat and published by Cambridge University Press. This book was released on 2019-06-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
