Download or read book Justice and Injustice in Law and Legal Theory written by Austin Sarat and published by . This book was released on 1996 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between law and justice

Download or read book Law Gender and Injustice written by Joan Hoff and published by NYU Press. This book was released on 1994-04 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal status of women has changed more rapidly in the last 20 years than in the previous 200, Hoff argues, but these changes have become less important over time. The American power structure has relinquished rights to women and minorities only after these rights have been diminished by a white-male-dominated legal system. She calls for a reinterpretation of legal texts to create a feminist jurisprudence. Annotation copyrighted by Book News, Inc., Portland, OR

Download or read book Justifying Injustice written by Herlinde Pauer-Studer and published by Cambridge University Press. This book was released on 2020-09-24 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines Nazi legal theory, the normative ideas driving the Führer state and the legal subtext to the regime's escalating atrocities.

Download or read book Supreme Injustice written by Paul Finkelman and published by Harvard University Press. This book was released on 2018-01-08 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: The three most important Supreme Court Justices before the Civil War—Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story—upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life. Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime—a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks. Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life.

Download or read book Beyond Law and Development written by Sam Adelman and published by Routledge. This book was released on 2022-04-27 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book highlights new imaginaries required to transcend traditional approaches to law and development. The authors focus on injustices and harms to people and the environment, and confront global injustices involving impoverishment, patriarchy, forced migration, global pandemics and intellectual rights in traditional medicine resulting from maldevelopment, bad governance and aftermaths of colonialism. New imaginaries emphasise deconstruction of fashionable myths of law, development, human rights, governance and post-coloniality to focus on communal and feminist relationality, non-western legal systems, personal responsibility for justice and forms of resistance to injustices. The book will be of interest to students and scholars of development, law and development, feminism, international law, environmental law, governance, politics, international relations, social justice and activism.

Download or read book Legal Injustice written by Kevin Montgomery and published by Dog Ear Publishing. This book was released on 2015-10-22 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a poor Missouri hill farmer’s wife leaves him and his three children for another man, the oldest son takes on the responsibility of helping his already overworked father raise his younger siblings at age ten. Battling the shame of small town rumors, gossip, and poverty, the oldest son earns his family the respect of their townsmen through athletic and military heroism as he grows older, only to see it torn apart by a spoiled rich kid who inherits most of the town from his wealthy grandfather. Out of boredom and greed, this spoiled young man devises a plan to seduce the whole county into growing massive amounts of marijuana to supply the most corrupt men in this country’s underworld. Money will buy almost anything in a small economically depressed town. The hill farmer’s son, now a Vietnam War hero, fights to save what is left of both his family and his corrupt hometown. This young man and his brothers battle the most powerful and influential man in Missouri, who has the law, the newspaper, and the citizens of the town in his back pocket, resulting in a massive man hunt and all-out war for this Vietnam War hero, who uses his Special Forces skills to escape and evade law enforcement while spending the winter in a cave. In the spring he finds true love in both the arms of the reporter sent to cover his story and in God in his almost hopeless battle against overwhelming odds. He destroys the local dope industry only to find he has to put his trust in three special women by turning himself in and letting them do his fighting in court to ultimately bring justice home and have a chance at a normal life with his newfound love.

Download or read book Usual Cruelty written by Alec Karakatsanis and published by . This book was released on 2025-01-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A "searing, searching, and eloquent" (Martha Minow, Harvard Law School) investigation into the role of the legal profession in perpetuating mass incarceration--now in an accessible paperback format from the award-winning civil rights lawyer Alec Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings--an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color, for which the legal system has never offered sufficient justification. Usual Cruelty offers a radical reconsideration of the American "injustice system" by someone who is actively--and wildly successfully--challenging it. Hailed by luminaries from James Forman Jr. and Vanita Gupta to U.S. Circuit Judge Bernice Donald, and MacArthur Award-winning poet and attorney Reginald Dwayne Betts, Usual Cruelty offers a condemnation of the whole deplorable enterprise, starting with profound questions about the specific things our system chooses to criminalize (marijuana plants, low-level gambling, petty theft) versus those we don't (tobacco plants, high-level gambling by bankers, massive wage theft by employers). It calls out a bail system that charges people money to go free despite the lack of any evidence this will make them more likely to show up in court or make anybody safer. And it explores the everyday brutality of our courts, prisons, and jails, and the ways in which the legal profession has allowed itself to become desensitized to the everyday pain these institutions inflict on our most vulnerable populations. Now in an accessible paperback format, Usual Cruelty will cement Karakatsanis's reputation as one of the most inspiring civil rights lawyers of our time.

Download or read book Justice and Injustice in Law and Legal Theory written by Austin Sarat and published by University of Michigan Press. This book was released on 2009-11-11 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law. Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law. Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense. The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. They draw on the disciplines of history, law, anthropology, and political science. Contributors to this volume include Nancy Coot, Joshua Coven, Robert Gorton, Frank Michelin, and Michael Tossing. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.

Download or read book Usual Cruelty written by Alec Karakatsanis and published by The New Press. This book was released on 2019-10-29 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: From an award-winning civil rights lawyer, a profound challenge to our society's normalization of the caging of human beings, and the role of the legal profession in perpetuating it Alec Karakatsanis is interested in what we choose to punish. For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It's perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums. He is also troubled by how the legal system works when it is trying to punish people. The bail system, for example, is meant to ensure that people return for court dates. But it has morphed into a way to lock up poor people who have not been convicted of anything. He's so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their money bail was found to be unconstitutional. Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings—an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color and for which the legal system has never offered sufficient justification. Usual Cruelty is a profoundly radical reconsideration of the American "injustice system" by someone who is actively, wildly successfully, challenging it.

Download or read book Injustice Made Legal written by Harold V. Bennett and published by Wm. B. Eerdmans Publishing. This book was released on 2002 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The scriptural laws dealing with widows, strangers, and orphans are conventionally viewed as rules meant to aid the plight of vulnerable persons in ancient Israelite society. In Injustice Made Legal Harold V. Bennett challenges this perspective, arguing instead that key sanctions found in Deuteronomy were actually drafted by a powerful elite to enhance their own material condition and keep the peasantry down." Building his case on a careful analysis of life in the ancient world and on his understanding of critical law theory, Bennett views Deuteronomic law through the eyes of the needy in Israelite society. His unique approach uncovers the previously neglected link between politico-economic interests and the formulation of law. The result is a new understanding of law in the Hebrew Bible and the ways it worked to support and maintain the dehumanization of widows, strangers, and orphans in the biblical community.

Download or read book Fixing Legal Injustice in America written by Andrea D. Lyon and published by Rowman & Littlefield. This book was released on 2022-08-15 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: In these times of reckoning—at last—with America’s original sin of slavery and racist policies, with police misconduct, and with mass-incarceration, many in our country ask, “What can we do?” In this powerful and insightful book, Andrea D. Lyon explicates what is wrong with the criminal justice system through clients’ stories and historical perspective, and makes the compelling case for the need for reform at the center of the system; not just its edges. Lyon, suggests that we should create an office of the Defender General of the United States and give it the same level of importance as the Attorney General and the Solicitor General. Such an office would not be held by someone who represents law enforcement, or corporate America, but rather by someone who represents and advocates for accused individuals, collectively before the powers that be. A Defender General would raise his or her voice against injustices like those involving the unnecessary killings of George Floyd and Breonna Taylor, or the Texas Supreme Court’s refusal to let an innocent man, cleared by DNA, out of prison. The United States needs a Defender General.

Download or read book Gospel Justice written by Bruce D. Strom and published by Moody Publishers. This book was released on 2013-05-15 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can a justice system that doesn’t protect the poor be considered truly just? We have all heard the phrase, “You have the right to an attorney.” But did you know this is only true for those being accused of a crime in our country, not their victims? Without a legal advocate, innocent victims are left to fend for themselves. The church is called to do justice and love mercy. We are given the example of the Good Samaritan serving a victim in need, no matter the stigmas attached. But how are we to do this amidst the complexities of the current system? Bruce Strom left a successful legal career to start Administer Justice, a nonprofit organization providing free legal care to our most vulnerable neighbors. Gospel Justice calls churches across the nation to transform lives by serving both the spiritual and legal needs of the poor through participation in the Gospel Justice Initiative. It is not only a book for lawyers or pastors, though. Bruce Strom is calling each of us, the whole body of Christ, to join the cause of legal justice for the oppressed.

Download or read book Sexual Injustice written by Marc Stein and published by Univ of North Carolina Press. This book was released on 2010-10-04 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on six major Supreme Court cases during the 1960s and 1970s, Marc Stein examines the generally liberal rulings on birth control, abortion, interracial marriage, and obscenity in Griswold, Eisenstadt, Roe, Loving, and Fanny Hill alongside a profoundly conservative ruling on homosexuality in Boutilier. In the same era in which the Court recognized special marital, reproductive, and heterosexual rights and privileges, it also upheld an immigration statute that classified homosexuals as "psychopathic personalities." Stein shows how a diverse set of influential journalists, judges, and scholars translated the Court's language about marital and reproductive rights into bold statements about sexual freedom and equality.

Download or read book Deadly Injustice written by Devon Johnson and published by NYU Press. This book was released on 2015-12-11 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Uses the Trayvon Martin case as a springboard to examine race, crime, and justice in our criminal justice system. Contributors explores how race and racism inform how Americans think about criminality; how crimes are investigated and prosecuted; and how highly publicized criminal cases go on to shape public views about offenders and the criminal process"--

Download or read book Colorblind Injustice written by J. Morgan Kousser and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging recent trends both in historical scholarship and in Supreme Court decisions on civil rights, J. Morgan Kousser criticizes the Court's "postmodern equal protection" and demonstrates that legislative and judicial history still matter for public policy. Offering an original interpretation of the failure of the First Reconstruction (after the Civil War) by comparing it with the relative success of the Second (after World War II), Kousser argues that institutions and institutional rules--not customs, ideas, attitudes, culture, or individual behavior--have been the primary forces shaping American race relations throughout the country's history. Using detailed case studies of redistricting decisions and the tailoring of electoral laws from Los Angeles to the Deep South, he documents how such rules were designed to discriminate against African Americans and Latinos. Kousser contends that far from being colorblind, Shaw v. Reno (1993) and subsequent "racial gerrymandering" decisions of the Supreme Court are intensely color-conscious. Far from being conservative, he argues, the five majority justices and their academic supporters are unreconstructed radicals who twist history and ignore current realities. A more balanced view of that history, he insists, dictates a reversal of Shaw and a return to the promise of both Reconstructions.

Download or read book Unfair written by Adam Benforado and published by Crown. This book was released on 2015 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: A legal scholar exposes the psychological forces that undermine the American criminal justice system, arguing that unless hidden biases are addressed, social inequality will widen, and proposes reforms to prevent injustice and help achieve true equality before the law.

Download or read book Unfair written by Adam Benforado and published by Crown. This book was released on 2016-06-14 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • “Unfair succinctly and persuasively recounts cutting-edge research testifying to the faulty and inaccurate procedures that underpin virtually all aspects of our criminal justice system, illustrating many with case studies.”—The Boston Globe A child is gunned down by a police officer; an investigator ignores critical clues in a case; an innocent man confesses to a crime he did not commit; a jury acquits a killer. The evidence is all around us: Our system of justice is fundamentally broken. But it’s not for the reasons we tend to think, as law professor Adam Benforado argues in this eye-opening, galvanizing book. Even if the system operated exactly as it was designed to, we would still end up with wrongful convictions, trampled rights, and unequal treatment. This is because the roots of injustice lie not inside the dark hearts of racist police officers or dishonest prosecutors, but within the minds of each and every one of us. This is difficult to accept. Our nation is founded on the idea that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the camera angle of a defendant’s taped confession, the number of photos in a mug shot book, or a simple word choice during a cross-examination. In Unfair, Benforado shines a light on this troubling new field of research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. Over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness. Until we address these hidden biases head-on, Benforado argues, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses of our legal system. Weaving together historical examples, scientific studies, and compelling court cases—from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case—Benforado shows how our judicial processes fail to uphold our values and protect society’s weakest members. With clarity and passion, he lays out the scope of the legal system’s dysfunction and proposes a wealth of practical reforms that could prevent injustice and help us achieve true fairness and equality before the law.