Download or read book Rationalizing Justice written by Wolf Heydebrand and published by SUNY Press. This book was released on 1990-09-11 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book connects the history and organization of the federal district courts to the emergence of a new technocratic form of justice. The centerpiece of this study is the clash between adjudication the traditional model of dispute resolution and the introduction of modern management techniques. From the perspective of the federal trial courts, the authors examine the tension between adjudication and administration. They show dramatic changes in the nature of judicial decision-making and the emergence of new forms of court organization. These changes signal a potential crisis of the judicial system, and Heydebrand and Seron provide insights into its nature and direction, and the immense structural forces underlying the administration of justice in America.
Download or read book Rationalizing Justice written by Wolf Heydebrand and published by State University of New York Press. This book was released on 1990-09-11 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book connects the history and organization of the federal district courts to the emergence of a new technocratic form of justice. The centerpiece of this study is the clash between adjudication — the traditional model of dispute resolution — and the introduction of modern management techniques. From the perspective of the federal trial courts, the authors examine the tension between adjudication and administration. They show dramatic changes in the nature of judicial decision-making and the emergence of new forms of court organization. These changes signal a potential crisis of the judicial system, and Heydebrand and Seron provide insights into its nature and direction, and the immense structural forces underlying the administration of justice in America.
Download or read book Race Neutrality written by Samuel L. Myers and published by Rowman & Littlefield. This book was released on 2018-10-15 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are wide racial disparities in virtually every sphere of economic life. African American workers earn less than whites. They are more likely to be denied loans than whites. Minority-owned businesses are less likely to win lucrative bids on state and federal contracts than are white male owned businesses. Black children are more likely than whites to be reported to child protective services for neglect or abuse. There are even huge disparities in downing rates between blacks and whites. What to do about these disparities? There is a fundamental disagreement about the appropriate remedies to these varied indicators of racial inequality. Part of the disagreement stems from differences in public perceptions about the underlying causes of the inequality. But, another form of disagreement relates to the opposition to the remedy of choice during much of the 1970s and 1980s: Affirmative Action. Race conscious remedies -- like affirmative action policies in hiring, college admissions, and business contracting -- suffer from legal and constitutional challenges, compounded by hostility from the majority of Americans. The alternative – race-neutral remedies – attempt to address racial disparities without directly targeting benefits exclusively to racial minority group members. In doing so, race-neutral remedies putatively help minorities without hurting majority group members. The authors of Race Neutrality: Rationalizing Remedies to Racial Inequality make the case that policy analysts should shift from a focus on whether a remedy is race-conscious or not to a focus on the underlying problem that the alternative remedies is attempting to resolve. This type of rethinking of the problem of racial inequality will reveal that sometimes race-neutral remedies hold great promise in reducing disparities. Often, however, race-neutral remedies fail to do what they are intended to do. The authors challenge the reader to think about why race-neutral remedies—while desireable on their face—might fail to resolve protracted and persistent patterns of racial inequality in market and non-market contexts.
Download or read book The Judicial Branch of Federal Government written by Charles L. Zelden and published by Bloomsbury Publishing USA. This book was released on 2007-07-12 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume in ABC-CLIO's About Federal Government set looks at the history and daily operations of the federal judiciary, from district courts, to courts of appeal, to the Supreme Court. The Judicial Branch of Federal Government: People, Process, and Politics shows how the federal courts act as interpreters of the law, definers of rules, and shapers of policy, covering the judiciary throughout U.S. history and as it functions today. In one concise yet comprehensive resource, The Judicial Branch of Federal Government describes the constitutionally ascribed roles and structures of the courts. It looks at the men and women who serve on the federal bench (who they are and how they are appointed), as well as the fascinating relationship of the federal courts with the legislative and executive branches and with the 50 state court systems.
Download or read book Decision Making in Criminal Justice written by Michael R. Gottfredson and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of decisions in the criminal justice process provides a useful focus for the examination of many fundamental aspects of criminal jus tice. These decisions are not always highly visible. They are made, or dinarily, within wide areas of discretion. The aims of the decisions are not always clear, and, indeed, the principal objectives of these decisions are often the subject of much debate. Usually they are not guided by explicit decision policies. Often the participants are unable to verbalize the basis for the selection of decision alternatives. Adequate information for the decisions is usually unavailable. Rarely can the decisions be demonstrated to be rational. By a rationaldecision we mean "that decision among those possible for the decisionmaker which, in the light of the information available, maximizes the probability of the achievement of the purpose of the decisionmaker in that specific and particular case" (Wilkins, 1974a: 70; also 1969). This definition, which stems from statistical decision theory, points to three fundamental characteristics of decisions. First, it is as sumed that a choice of possible decisions (or, more precisely, of possible alternatives) is available. If only one choice is possible, there is no de cision problem, and the question of rationality does not arise. Usually, of course, there will be a choice, even if the alternative is to decide not to decide-a choice that, of course, often has profound consequences.
Download or read book The Torture Memos written by David Cole and published by The New Press. This book was released on 2009-09-08 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: On April 16, 2009, the Justice Department released never-before-seen secret memos describing, in graphic detail, the brutal interrogation techniques used by the CIA under the Bush administration's "war on terror." Now, for the first time, the key documents are compiled in one remarkable volume, showing that the United States government's top attorneys were instrumental in rationalizing acts of torture and cruelty, employing chillingly twisted logic and Orwellian reasoning to authorize what the law absolutely forbids. This collection gives readers an unfiltered look at the tactics approved for use in the CIA's secret overseas prisons—including forcing detainees to stay awake for eleven days straight, slamming them against walls, stripping them naked, locking them in a small box with insects to manipulate their fears, and, of course, waterboarding—and at the incredible arguments advanced to give them a green light. Originally issued in secret by the Office of Legal Counsel between 2002 and 2005, the documents collected here have been edited only to eliminate repetition. They reflect, in their own words, the analysis that guided the legal architects of the Bush administration's interrogation policies. Renowned legal scholar David Cole's introductory essay tells the story behind the memos, and presents a compelling case that instead of demanding that the CIA conform its conduct to the law, the nation's top lawyers contorted the law to conform to the CIA's abusive and patently illegal conduct. He argues eloquently that official accountability for these legal wrongs is essential if the United States is to restore fidelity to the rule of law.
Download or read book Courts Politics and the Judicial Process written by Christopher E. Smith and published by Wadsworth Publishing Company. This book was released on 1997 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This reorganized and updated text provides a comprehensive examination of the American judicial system by describing and analyzing political influences on courts' structure, procedures, decision-making processes, and consequences for society. Professor Smith focuses on courts rather than on law because of the recognition that the content of law often depends on the composition of the judiciary, citizens' access to the judicial process, and judicial decision-making procedures. This revealing study of the courts challenges the myths and popular perceptions about law and justice in American society and covers unique topics such as court bureaucracy; subordinates' influences on judges' decisions; and social science approaches to decision making.
Download or read book Politics and Judgment in Federal District Courts written by C. K. Rowland and published by . This book was released on 1996 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A major empirical and theoretical work that has the potential for becoming a classic in the field". -- Sheldon Goldman, author of The Federal Courts as a Political System. "This provocative theoretical approach should be of great interest to scholars and students of the federal bench". -- Elliott E. Slotnick, editor of Judicial Politics.
Download or read book Making Gay Okay written by Robert Reilly and published by Ignatius Press. This book was released on 2014-04-15 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are Americans being forced to consider homosexual acts as morally acceptable? Why has the US Supreme Court accepted the validity of same-sex "marriage", which, until a decade ago, was unheard of in the history of Western or any other civilization? Where has the "gay rights" movement come from, and how has it so easily conquered America? The answers are in the dynamics of the rationalization of sexual misbehavior. The power of rationalization-the means by which one mentally transforms wrong into right-drives the gay rights movement, gives it its revolutionary character, and makes its advocates indefatigable. The homosexual cause moved naturally from a plea for tolerance to cultural conquest because the security of its rationalization requires universal acceptance. In other words, we all must say that the bad is good. At stake in the rationalization of homosexual behavior is the notion that human beings are ordered to a purpose that is given by their Nature. The understanding that things have an in-built purpose is being replaced by the idea that everything is subject to man's will and power, which is considered to be without limits. This is what the debate over homosexuality is really about-the Nature of reality itself. The outcome of this dispute will have consequences that reach far beyond the issue at hand. Already America's major institutions have been transformed-its courts, its schools, its military, its civic institutions, and even its diplomacy. The further institutionalization of homosexuality will mean the triumph of force over reason, thus undermining the very foundations of the American Republic.
Download or read book America s Original Sin written by Jim Wallis and published by Brazos Press. This book was released on 2016-01-12 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: America's problem with race has deep roots, with the country's foundation tied to the near extermination of one race of people and the enslavement of another. Racism is truly our nation's original sin. "It's time we right this unacceptable wrong," says bestselling author and leading Christian activist Jim Wallis. Fifty years ago, Wallis was driven away from his faith by a white church that considered dealing with racism to be taboo. His participation in the civil rights movement brought him back when he discovered a faith that commands racial justice. Yet as recent tragedies confirm, we continue to suffer from the legacy of racism. The old patterns of white privilege are colliding with the changing demographics of a diverse nation. The church has been slow to respond, and Sunday morning is still the most segregated hour of the week. In America's Original Sin, Wallis offers a prophetic and deeply personal call to action in overcoming the racism so ingrained in American society. He speaks candidly to Christians--particularly white Christians--urging them to cross a new bridge toward racial justice and healing. Whenever divided cultures and gridlocked power structures fail to end systemic sin, faith communities can help lead the way to grassroots change. Probing yet positive, biblically rooted yet highly practical, this book shows people of faith how they can work together to overcome the embedded racism in America, galvanizing a movement to cross the bridge to a multiracial church and a new America.
Download or read book Effective Rational and Humane Criminal Justice written by and published by . This book was released on 1984 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Behavior of Federal Judges written by Lee Epstein and published by Harvard University Press. This book was released on 2013-01-07 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.
Download or read book The Invisible Hand of Power written by Anton N Oleinik and published by Routledge. This book was released on 2015-10-06 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an innovative study of the techniques of domination, based on financial markets, judicial systems, academia and international relations, across North America and post-Soviet Russia. Ultimately, Oleinik seeks to provide an alternative to mainstream economic analyses of power.
Download or read book The Legal Studies Forum written by and published by . This book was released on 1992 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book No Equal Justice written by David Cole and published by ReadHowYouWant.com. This book was released on 2010-10 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published a decade ago, No Equal Justice is the seminal work on race- and class-based double standards in criminal justice. Hailed as a ''shocking and necessary book'' by The Economist, it has become the standard reference point for anyone trying to understand the fundamental inequalities in the American legal system. The book, written by constitutional law scholar and civil liberties advocate David Cole, was named the best nonfiction book of 1999 by the Boston Book Review and the best book on an issue of national policy by the American Political Science Association. No Equal Justice examines subjects ranging from police behavior and jury selection to sentencing, and argues that our system does not merely fail to live up to the promise of equality, but actively requires double standards to operate. Such disparities, Cole argues, allow the privileged to enjoy constitutional protections from police power without paying the costs associated with extending those protections across the board to minorities and the poor. For this new, tenth-anniversary paperback edition, Cole has completely updated and revised the book, reflecting the substantial changes and developments that have occurred since first publication.
Download or read book Law and Society written by Steven Vago and published by Routledge. This book was released on 2017-09-22 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 11th edition of Law and Society, Steven E. Barkan preserves Dr. Vago’s voice while making this classic text more accessible for today’s students. Each chapter now includes an outline, learning objectives, key terms, and chapter summaries. A new epilogue chapter examines law and inequality in the United States as it moves into the third decade of this century. The 11th edition reflects new developments in law and society literature as well as recent real-life events with legal relevance for the United States and other nations. Law and Society is for one-semester undergraduate courses in Law and Society, Sociology of Law, Introduction to Law, and a variety of criminal justice courses offered in departments of Sociology, Criminal Justice, and Political Science.
Download or read book Rationalizing Culture written by Georgina Born and published by Univ of California Press. This book was released on 1995-09-08 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a year-long participant-observer, Born studied the social and cultural economy of an institution for research and production of avant-garde and computer music. She gives a unique portrait of IRCAM's composers, computer scientists, technicians, and secretaries, interrogating the effects of the cultural philosophy of the controversial avant-garde composer, Pierre Boulez, who directed the institute until 1992.
