Download or read book The Faces of Justice and State Authority written by Mirjan R. Damaska and published by Yale University Press. This book was released on 1991-07-24 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading legal scholar provides a highly original comparative analysis of how justice is administered in legal systems around the world and of the profound and often puzzling changes taking place in civil and criminal procedure. Constructing a conceptual framework of the legal process based on the link between politics and justice, Mirjan R. Damaska provides a new perspective that enables disparate procedural features to emerge as fascinating recognizable patterns. His book is "a significant work of scholarship . . . full of important insights."—Harold J. Berman

Download or read book The Faces of Justice and State Authority written by Mirjan R. Damaška and published by . This book was released on 1986 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Faces of Justice and State Authority written by Mirjan R. Damaška and published by . This book was released on 1991 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Alabama Justice written by Steven P. Brown and published by University Alabama Press. This book was released on 2020-10-06 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: WINNER OF THE ANNE B. & JAMES B. MCMILLAN PRIZE IN SOUTHERN HISTORY Examines the legacies of eight momentous US Supreme Court decisions that have their origins in Alabama legal disputes Unknown to many, Alabama has played a remarkable role in a number of Supreme Court rulings that continue to touch the lives of every American. In Alabama Justice: The Cases and Faces That Changed a Nation, Steven P. Brown has identified eight landmark cases that deal with religion, voting rights, libel, gender discrimination, and other issues, all originating from legal disputes in Alabama. Written in a concise and accessible manner, each case law chapter begins with the circumstances that created the dispute. Brown then provides historical and constitutional background for the issue followed by a review of the path of litigation. Excerpts from the Court’s ruling in the case are also presented, along with a brief account of the aftermath and significance of the decision. The First Amendment (New York Times v. Sullivan), racial redistricting (Gomillion v. Lightfoot), the Equal Protection Clause of the Fourteenth Amendment (Frontiero v. Richardson), and prayer in public schools (Wallace v. Jaffree) are among the pivotal issues stamped indelibly by disputes with their origins in Alabama legal, political, and cultural landscapes. By examining such landmark twentieth-century milestones and eras such as the Scottsboro Boys trial, the Civil Rights movement, and the fight for women’s rights through a legal lens, Brown sheds new and unexpected light on the ways that events in Alabama have shaped the nation. In addition to his analysis of cases, Brown discusses the three associate Supreme Court justices from Alabama to the Supreme Court: John McKinley, John Archibald Campbell, and Hugo Black. Their cumulative influence on constitutional interpretation, the institution of the Court, and the day-to-day rights and liberties enjoyed by every American is impossible to measure. A closing chapter examines the careers and contributions of these three Alabamians.

Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Bureaucratic Justice written by Jerry L. Mashaw and published by Yale University Press. This book was released on 1983-01-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone interested in 'good government' should read Jerry Mashaw's new book on how the social Security Administration implements congressionally mandated policy for controlled consistent distribution of disability benefits. . . . He offers an important perspective on bureaucracy that must be considered when devising procedures for not only disability determinations but also other forms of administrative adjudication.--Linda A. O'Hare, American Bar Association Journal A major contribution to the ongoing debate about administrative law and mass justice.--Lance Liebman and Richard B. Stewart, Harvard Law Review Profound implications for the future of democratic government. . . . Practical, analytical policymaking for a complex decision system of great significance to many Americans.--Paul R. Verkuil, Yale Law Journal An exceptionally valuable book for anyone who is concerned about the role of law in the administrative state. Mashaw manages to range broadly without becoming superficial, and to present a coherent and challenging theory in lively, readable prose. Bureaucratic Justice seems certain to become a standard reference work for administrative lawyers, and for anyone else who seeks the elusive goal of developing more humane and more effective public bureaucracies.--Barry Boyer, Michigan Law Review Strongly recommended for use in graduate seminars in public policy or law. . . . If we are to develop a positive model of bureaucratic competence, we must answer the insightful questions rased in this cogent book.--David L. Martin, American Political Science Review Mashaw provides an excellent analysis of middle range processes of decision making.--Gerald Turkel, Qualitative Sociology Stimulating and provocative and . . . makes a contribution to the ongoing dialogue about due process in public administration.... It is tightly organized, cogently argued, and full of pithy historical illustrations. . . . One of the best such works in many years. --Annals of the American Academy of Political and Social Science A thoughtful, challenging, and very useful book.--Choice Inspires a new direction in administrative law scholarship.--A.I. Ogus, Oxford Journal of Legal Studies

Download or read book The Two Faces of American Freedom written by Aziz Rana and published by Harvard University Press. This book was released on 2014-04-07 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Two Faces of American Freedom boldly reinterprets the American political tradition from the colonial period to modern times, placing issues of race relations, immigration, and presidentialism in the context of shifting notions of empire and citizenship. Today, while the U.S. enjoys tremendous military and economic power, citizens are increasingly insulated from everyday decision-making. This was not always the case. America, Aziz Rana argues, began as a settler society grounded in an ideal of freedom as the exercise of continuous self-rule—one that joined direct political participation with economic independence. However, this vision of freedom was politically bound to the subordination of marginalized groups, especially slaves, Native Americans, and women. These practices of liberty and exclusion were not separate currents, but rather two sides of the same coin. However, at crucial moments, social movements sought to imagine freedom without either subordination or empire. By the mid-twentieth century, these efforts failed, resulting in the rise of hierarchical state and corporate institutions. This new framework presented national and economic security as society’s guiding commitments and nurtured a continual extension of America’s global reach. Rana envisions a democratic society that revives settler ideals, but combines them with meaningful inclusion for those currently at the margins of American life.

Download or read book Justice and the Politics of Difference written by Iris Marion Young and published by Princeton University Press. This book was released on 2011-09-11 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this classic work of feminist political thought, Iris Marion Young challenges the prevailing reduction of social justice to distributive justice. The starting point for her critique is the experience and concerns of the new social movements that were created by marginal and excluded groups, including women, African Americans, and American Indians, as well as gays and lesbians. Young argues that by assuming a homogeneous public, democratic theorists fail to consider institutional arrangements for including people not culturally identified with white European male norms. Consequently, theorists do not adequately address the problems of an inclusive participatory framework. Basing her vision of the good society on the culturally plural networks of contemporary urban life, Young makes the case that normative theory and public policy should undermine group-based oppression by affirming rather than suppressing social group differences"--Provided by publisher.

Download or read book Lynching and Local Justice written by Danielle F. Jung and published by Cambridge University Press. This book was released on 2020-09-17 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the social and political consequences of poor state governance and low state legitimacy? Under what conditions does lynching – lethal, extralegal group violence to punish offenses to the community – become an acceptable practice? We argue lynching emerges when neither the state nor its challengers have a monopoly over legitimate authority. When authority is contested or ambiguous, mass punishment for transgressions can emerge that is public, brutal, and requires broad participation. Using new cross-national data, we demonstrate lynching is a persistent problem in dozens of countries over the last four decades. Drawing on original survey and interview data from Haiti and South Africa, we show how lynching emerges and becomes accepted. Specifically, support for lynching most likely occurs in one of three conditions: when states fail to provide governance, when non-state actors provide social services, or when neighbors must rely on self-help.

Download or read book The Bail Book written by Shima Baradaran Baughman and published by Cambridge University Press. This book was released on 2018 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.

Download or read book Standards for Internal Control in the Federal Government written by United States Government Accountability Office and published by Lulu.com. This book was released on 2019-03-24 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policymakers and program managers are continually seeking ways to improve accountability in achieving an entity's mission. A key factor in improving accountability in achieving an entity's mission is to implement an effective internal control system. An effective internal control system helps an entity adapt to shifting environments, evolving demands, changing risks, and new priorities. As programs change and entities strive to improve operational processes and implement new technology, management continually evaluates its internal control system so that it is effective and updated when necessary. Section 3512 (c) and (d) of Title 31 of the United States Code (commonly known as the Federal Managers' Financial Integrity Act (FMFIA)) requires the Comptroller General to issue standards for internal control in the federal government.

Download or read book No Treason Volume 1 written by Lysander Spooner and published by Read Books Ltd. This book was released on 2013-03-05 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1870, this essay by the American anarchist and political philosopher Lysander Spooner is here reproduced. Described by Murray Rothbard as "the greatest case for anarchist political philosophy ever written", Spooner's lengthy essay is still referenced by anarchists and philosophers today. In it, he argues that the American Civil War violated the US Constitution, thus rendering it null and void. An indispensable read for political historians both amateur and professional alike. Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.

Download or read book The People Themselves written by Larry Kramer and published by Oxford University Press, USA. This book was released on 2004 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.

Download or read book Crime Procedure and Evidence in a Comparative and International Context written by John D Jackson and published by Bloomsbury Publishing. This book was released on 2008-09-29 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.

Download or read book Harsh Justice written by James Q. Whitman and published by Oxford University Press. This book was released on 2003-03-27 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal punishment in America is harsh and degrading--more so than anywhere else in the liberal west. Executions and long prison terms are commonplace in America. Countries like France and Germany, by contrast, are systematically mild. European offenders are rarely sent to prison, and when they are, they serve far shorter terms than their American counterparts. Why is America so comparatively harsh? In this novel work of comparative legal history, James Whitman argues that the answer lies in America's triumphant embrace of a non-hierarchical social system and distrust of state power which have contributed to a law of punishment that is more willing to degrade offenders.

Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Download or read book Procedural Justice and the Fair Trial in Contemporary Chinese Criminal Justice written by Elisa Nesossi and published by BRILL. This book was released on 2018-09-04 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: This review examines the literature on procedural justice and the fair trial over the past two decades in the People’s Republic of China. Part 1 gives a wide-angle view of the key political events and developments that have shaped the experience of procedural justice and the fair trial in contemporary China. It provides a storyline that explains the political environment in which these concepts have developed over time. Part 2 examines how scholars understand the legal structures of the criminal process in relation to China’s political culture. Part 3 presents scholarly views on three enduring problems relating to the fair trial: a presumption of innocence, interrogational torture, and the role of lawyers in the criminal trial process. Procedural justice is a particularly pertinent issue today in China, because Xi Jinping’s yifa zhiguo 依法治国 (governing the nation in accordance with the law) governance platform seeks to embed a greater appreciation for procedural justice in criminal justice decision-making, to correct a politico-legal tradition overwhelmingly focused on substantive justice. Overall, the literature reviewed in this article points to the serious limitations in overcoming the politico-legal barriers to justice reforms that remain intact in the system, despite nearly four decades of constant reform.