Download or read book Silent Rights written by Calvin R. Massey and published by . This book was released on 1995 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to be presumed innocence; the right to privacy; the right to equal protection under the law; the right to travel, marry, or have children and the right of a woman to terminate her pregnancy—these are a few of the many constitutional rights never mentioned explicitly in the Constitution. Such rights can be, but often aren't, supported by invoking the Ninth Amendment. Because of its open-endedness, the Ninth Amendment is still mired in an ill-fated perception as a constitutional nonentity and a legislative tradition that ignores its potential. As an antidote to this entrenched tradition, Calvin R. Massey presents a comprehensive and sensible account of how the Ninth Amendment could be, and has been, used to secure and preserve individual rights. For example, in a recent ruling the Supreme Court held that the right to terminate pregnancy was protected by the due process clause; in doing so, it cited the Ninth Amendment. By looking at such decisions and at its various interpretations in the literature, Massey explores the Ninth Amendment's original meaning and function, and the intention of its authors to prevent the creation of implied powers in the federal government and ensure that the bill of rights not become an exhaustive list of human rights. Massey presents a new method for recognizing implied constitutional rights and the possible contemporary role of the Ninth Amendment in constitutional law—a formula in which state constitutions would assume a larger role in fashioning unenumerated rights and the Supreme Court's voice would be less final. Author note:Calvin R. Masseyis Professor of Law at Hastings College of the Law, University of California, San Francisco, and the co-author ofThe California State Constitution.
Download or read book Right of Way written by Angie Schmitt and published by Island Press. This book was released on 2020-08-27 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The face of the pedestrian safety crisis looks a lot like Ignacio Duarte-Rodriguez. The 77-year old grandfather was struck in a hit-and-run crash while trying to cross a high-speed, six-lane road without crosswalks near his son’s home in Phoenix, Arizona. He was one of the more than 6,000 people killed while walking in America in 2018. In the last ten years, there has been a 50 percent increase in pedestrian deaths. The tragedy of traffic violence has barely registered with the media and wider culture. Disproportionately the victims are like Duarte-Rodriguez—immigrants, the poor, and people of color. They have largely been blamed and forgotten. In Right of Way, journalist Angie Schmitt shows us that deaths like Duarte-Rodriguez’s are not unavoidable “accidents.” They don’t happen because of jaywalking or distracted walking. They are predictable, occurring in stark geographic patterns that tell a story about systemic inequality. These deaths are the forgotten faces of an increasingly urgent public-health crisis that we have the tools, but not the will, to solve. Schmitt examines the possible causes of the increase in pedestrian deaths as well as programs and movements that are beginning to respond to the epidemic. Her investigation unveils why pedestrians are dying—and she demands action. Right of Way is a call to reframe the problem, acknowledge the role of racism and classism in the public response to these deaths, and energize advocacy around road safety. Ultimately, Schmitt argues that we need improvements in infrastructure and changes to policy to save lives. Right of Way unveils a crisis that is rooted in both inequality and the undeterred reign of the automobile in our cities. It challenges us to imagine and demand safer and more equitable cities, where no one is expendable.
Download or read book Is There a Right to Remain Silent written by Alan M. Dershowitz and published by Oxford University Press. This book was released on 2008-05-06 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renowned legal scholar and bestselling author Dershowitz reveals precisely why Fifth Amendment rights matter, and discusses how they are being reshaped, limited, and in some cases revoked in the wake of 9/11.
Download or read book Retained by the People written by Dan Farber and published by . This book was released on 2007-05 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that the Supreme Court would do better to rely on the Ninth Amendment when addressing issues regarding fundamental rights, rather than depending on the Constitution's due process clause.
Download or read book Miranda written by Gary L. Stuart and published by University of Arizona Press. This book was released on 2008-04-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most significant Supreme Court cases in U.S. history has its roots in Arizona and is closely tied to the stateÕs leading legal figures. Miranda has become a household word; now Gary Stuart tells the inside story of this famous case, and with it the legal history of the accusedÕs right to counsel and silence. Ernesto Miranda was an uneducated Hispanic man arrested in 1963 in connection with a series of sexual assaults, to which he confessed within hours. He was convicted not on the strength of eyewitness testimony or physical evidence but almost entirely because he had incriminated himself without knowing itÑand without knowing that he didnÕt have to. MirandaÕs lawyers, John P. Frank and John F. Flynn, were among the most prominent in the state, and their work soon focused the entire country on the issue of their clientÕs rights. A 1966 Supreme Court decision held that MirandaÕs rights had been violated and resulted in the now-famous "Miranda warnings." Stuart personally knows many of the figures involved in Miranda, and here he unravels its complex history, revealing how the defense attorneys created the argument brought before the Court and analyzing the competing societal interests involved in the case. He considers Miranda's aftermathÑnot only the test cases and ongoing political and legal debate but also what happened to Ernesto Miranda. He then updates the story to the Supreme CourtÕs 2000 Dickerson decision upholding Miranda and considers its implications for cases in the wake of 9/11 and the rights of suspected terrorists. Interviews with 24 individuals directly concerned with the decisionÑlawyers, judges, and police officers, as well as suspects, scholars, and ordinary citizensÑoffer observations on the caseÕs impact on law enforcement and on the rights of the accused. Ten years after the decision in the case that bears his name, Ernesto Miranda was murdered in a knife fight at a Phoenix bar, and his suspected killer was "Mirandized" before confessing to the crime. Miranda: The Story of AmericaÕs Right to Remain Silent considers the legacy of that case and its fate in the twenty-first century as we face new challenges in the criminal justice system.
Download or read book The Silent Prologue written by Ofer Raban and published by . This book was released on 2020-03-04 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution contains a series of rights and liberties operating as restrictions on the powers of government, and courts have the final authority to determine what these often nebulous restrictions require. But judges are deeply divided over the correct methodology to follow in making these determinations: different judges employ different judicial philosophies--and may consequently reach different constitutional results. Understanding these methodological disagreements is therefore crucial for anyone wishing to attain a full understanding of our constitutional law, or to appraise the legitimacy of our institutional arrangements--especially that of judicial review. In The Silent Prologue, Ofer Raban provides an engaging examination of the interpretive theories judges use to reach their verdicts. Using key case histories as illustration, Raban illuminates the rationales and assumptions behind competing judicial philosophies that have far-reaching implications for the rights of American citizens. Distributed for George Mason University Press
Download or read book You Have the Right to Remain Innocent written by James J. Duane and published by Little a. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An urgent, compact manifesto that will teach you how to protect your rights, your freedom, and your future when talking to police. Law professor James J. Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police--especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen's constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it's also the advice law-enforcement professionals give their own kids. Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.
Download or read book Silent Victims written by Barbara Perry and published by University of Arizona Press. This book was released on 2008-09-04 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hate crimes against Native Americans are a common occurrence, Barbara Perry reveals, although most go unreported. In this eye-opening book, Perry shines a spotlight on these acts, which are often hidden in the shadows of crime reports. She argues that scholarly and public attention to the historical and contemporary victimization of Native Americans as tribes or nations has blinded both scholars and citizens alike to the victimization of individual Native Americans. It is these acts against individuals that capture her attention. Silent Victims is a unique contribution to the literature on hate crime. Because most extant literature treats hate crimesÑeven racial violenceÑrather generically, this work breaks new ground with its findings. For this book, Perry interviewed nearly 300 Native Americans and gathered additional data in three geographic areas: the Four Corners region of the U.S. Southwest, the Great Lakes, and the Northern Plains. In all of these locales, she found that bias-related crime oppresses and segregates Native Americans. Perry is well aware of the history of colonization in North America and its attendant racial violence. She argues that the legacy of violence today can be traced directly to the genocidal practices of early settlers, and she adds valuable insights into the ways in which ÒIndiansÓ have been constructed as the Other by the prevailing culture. PerryÕs interviews with Native Americans recount instances of appalling treatment, often at the hands of law enforcement officials. In her conclusion, Perry draws from her research and interviews to suggest ways in which Native Americans can be empowered to defend themselves against all forms of racist victimization.
Download or read book Silent Sky written by Lauren Gunderson and published by Dramatists Play Service, Inc.. This book was released on 2015-01-01 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt: THE STORY: When Henrietta Leavitt begins work at the Harvard Observatory in the early 1900s, she isn’t allowed to touch a telescope or express an original idea. Instead, she joins a group of women “computers,” charting the stars for a renowned astronomer who calculates projects in “girl hours” and has no time for the women’s probing theories. As Henrietta, in her free time, attempts to measure the light and distance of stars, she must also take measure of her life on Earth, trying to balance her dedication to science with family obligations and the possibility of love. The true story of 19th-century astronomer Henrietta Leavitt explores a woman’s place in society during a time of immense scientific discoveries, when women’s ideas were dismissed until men claimed credit for them. Social progress, like scientific progress, can be hard to see when one is trapped among earthly complications; Henrietta Leavitt and her female peers believe in both, and their dedication changed the way we understand both the heavens and Earth.
Download or read book Beat the Heat written by Katya Komisaruk and published by AK Press. This book was released on 2003-01-01 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Know your rights and exercise them.
Download or read book Black Silent Majority written by Michael Javen Fortner and published by Harvard University Press. This book was released on 2015-09-28 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Often seen as a political sop to the racial fears of white voters, aggressive policing and draconian sentencing for illegal drug possession and related crimes have led to the imprisonment of millions of African Americans—far in excess of their representation in the population as a whole. Michael Javen Fortner shows in this eye-opening account that these punitive policies also enjoyed the support of many working-class and middle-class blacks, who were angry about decline and disorder in their communities. Black Silent Majority uncovers the role African Americans played in creating today’s system of mass incarceration. Current anti-drug policies are based on a set of controversial laws first adopted in New York in the early 1970s and championed by the state’s Republican governor, Nelson Rockefeller. Fortner traces how many blacks in New York came to believe that the rehabilitation-focused liberal policies of the 1960s had failed. Faced with economic malaise and rising rates of addiction and crime, they blamed addicts and pushers. By 1973, the outcry from grassroots activists and civic leaders in Harlem calling for drastic measures presented Rockefeller with a welcome opportunity to crack down on crime and boost his political career. New York became the first state to mandate long prison sentences for selling or possessing narcotics. Black Silent Majority lays bare the tangled roots of a pernicious system. America’s drug policies, while in part a manifestation of the conservative movement, are also a product of black America’s confrontation with crime and chaos in its own neighborhoods.
Download or read book The Silent Church written by Zdravko Plantak and published by Springer. This book was released on 2016-07-27 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between the Adventist church and society at large has always been ambiguous. One reason for this has been the church's inarticulate social ethics. While the church upheld the concept of human dignity, promoted religious liberty and sided with the poor, nationalism and racism developed among its members. Women in the church were also unfairly treated. Zdravko Plantak confronts this problem head-on. He begins by looking at the church's history, theology and ethics in order to discover reasons for the inconsistencies in its approach to human rights, and then moves on to propose a more comprehensive approach to its social ethics.
Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Download or read book The Myth of Rights written by Ashutosh Bhagwat and published by . This book was released on 2010-04-08 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is a constitutional right? If asked, most Americans would say that it is an entitlement to act as one pleases, i.e. that rights protect autonomy. That understanding, however, is wrong and is, indeed, 'The Myth of Rights'. This book addresses the constitutional issues posed in these and many other areas of law and public policy.
Download or read book Rights Retained by the People written by Hallie Murray and published by Enslow Publishing, LLC. This book was released on 2017-07-15 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ninth Amendment, which guarantees individuals rights not specifically named within the Constitution or the other amendments, was written using vague, open-ended language to ensure no American citizen would be denied the many rights he or she retained that were not explicitly enumerated. Yet this vagueness has caused confusion and uncertainty even in the Supreme Court. Through full-color and black-and-white photos, engaging text, and primary sources, readers will learn why it was proposed and ratified, how it has been interpreted in several landmark Supreme Court cases, and how it has impacted society through such issues as labor activities, fair housing laws, and privacy. Sidebars, a glossary, and further reading are also included.
Download or read book Rightlessness written by A. Naomi Paik and published by UNC Press Books. This book was released on 2016-01-08 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this bold book, A. Naomi Paik grapples with the history of U.S. prison camps that have confined people outside the boundaries of legal and civil rights. Removed from the social and political communities that would guarantee fundamental legal protections, these detainees are effectively rightless, stripped of the right even to have rights. Rightless people thus expose an essential paradox: while the United States purports to champion inalienable rights at home and internationally, it has built its global power in part by creating a regime of imprisonment that places certain populations perceived as threats beyond rights. The United States' status as the guardian of rights coincides with, indeed depends on, its creation of rightlessness. Yet rightless people are not silent. Drawing from an expansive testimonial archive of legal proceedings, truth commission records, poetry, and experimental video, Paik shows how rightless people use their imprisonment to protest U.S. state violence. She examines demands for redress by Japanese Americans interned during World War II, testimonies of HIV-positive Haitian refugees detained at Guantanamo in the early 1990s, and appeals by Guantanamo's enemy combatants from the War on Terror. In doing so, she reveals a powerful ongoing contest over the nature and meaning of the law, over civil liberties and global human rights, and over the power of the state in people's lives.
Download or read book Inherent Rights the Written Constitution and Popular Sovereignty written by Thomas B. McAffee and published by Bloomsbury Publishing USA. This book was released on 2000-07-30 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades the Ninth Amendment, a provision designed to clarify that the federal government was to be one of enumerated and limited powers, has been turned into an unenumerated rights clause that effectively grants unlimited power to the judiciary. Was this the intent of the framers of the Constitution? McAffee argues that the founders had a rather different set of priorities than ours, and that the goal of enforcing fundamental human rights was not why they drafted any of the first ten amendments. They did not intend to grant to the courts the power to generate fundamental rights, whether by reference to custom or history, reason or natural law, or societal values or consensus. It has become increasingly popular to identify our constitutional order as an experiment in the protection of fundamental human rights and to forget that it is also an experiment in self-government. As fundamental as the founding generation believed basic rights to be, they saw popular authority to make decisions about government as being even more central to the project in which they were engaged. They supported natural law and rights, but they felt strongly that those rights did not bind the people or their government unless they were inserted in the written Constitution. They did not contemplate that there would be unwritten limitations on the powers granted to government.
