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Enforcing Freedom
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Download or read book Enforcing Freedom written by Kerwin Kaye and published by Columbia University Press. This book was released on 2019-12-17 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1989, the first drug-treatment court was established in Florida, inaugurating an era of state-supervised rehabilitation. Such courts have frequently been seen as a humane alternative to incarceration and the war on drugs. Enforcing Freedom offers an ethnographic account of drug courts and mandatory treatment centers as a system of coercion, demonstrating how the state uses notions of rehabilitation as a means of social regulation. Situating drug courts in a long line of state projects of race and class control, Kerwin Kaye details the ways in which the violence of the state is framed as beneficial for those subjected to it. He explores how courts decide whether to release or incarcerate participants using nominally colorblind criteria that draw on racialized imagery. Rehabilitation is defined as preparation for low-wage labor and the destruction of community ties with “bad influences,” a process that turns participants against one another. At the same time, Kaye points toward the complex ways in which participants negotiate state control in relation to other forms of constraint in their lives, sometimes embracing the state’s salutary violence as a means of countering their impoverishment. Simultaneously sensitive to ethnographic detail and theoretical implications, Enforcing Freedom offers a critical perspective on the punitive side of criminal-justice reform and points toward alternative paths forward.
Download or read book Freedom written by and published by Cambridge University Press. This book was released on 1985 with total page 968 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Enforcing Silence written by David Landy and published by Zed Books Ltd.. This book was released on 2020-05-15 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic freedom is under siege, as our universities become the sites of increasingly fraught battles over freedom of speech. While much of the public debate has focussed on ‘no platforming’ by students, this overlooks the far graver threat posed by concerted efforts to silence the critical voices of both academics and students, through the use of bureaucracy, legal threats and online harassment. Such tactics have conspicuously been used, with particularly virulent effect, in an attempt to silence academic criticism of Israel. This collection uses the controversies surrounding the Israeli-Palestinian conflict as a means of exploring the limits placed on academic freedom in a variety of different national contexts. It looks at how the increased neoliberalisation of higher education has shaped the current climate, and considers how academics and their universities should respond to these new threats. Bringing together new and established scholars from Palestine and the wider Middle East as well as the US and Europe, Enforcing Silence shows us how we can and must defend our universities as places for critical thinking and free expression.
Book Synopsis Shades of Freedom by : A. Leon Higginbotham Jr.
Download or read book Shades of Freedom written by A. Leon Higginbotham Jr. and published by Oxford University Press. This book was released on 1998-06-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America. Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist. In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.
Download or read book Judging Addicts written by Rebecca Tiger and published by NYU Press. This book was released on 2013 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The number of people incarcerated in the U.S. now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25% of people incarcerated in jails and prisons are there for drug offenses. Judging Addicts examines this increased criminalization of drugs and the medicalization of addiction in the U.S. by focusing on drug courts, where defendants are sent to drug treatment instead of prison. Rebecca Tiger explores how advocates of these courts make their case for what they call “enlightened coercion,” detailing how they use medical theories of addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both “sick” and “bad.” Tiger shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a “progressive” and “enlightened” approach to addiction. She critiques the medicalization of drug users, showing how the disease designation can complement, rather than contradict, punitive approaches, demonstrating that these courts are neither unprecedented nor unique, and that they contain great potential to expand punitive control over drug users. Tiger argues that the medicalization of addiction has done little to stem the punishment of drug users because of a key conceptual overlap in the medical and punitive approaches—that habitual drug use is a problem that needs to be fixed through sobriety. Judging Addicts presses policymakers to implement humane responses to persistent substance use that remove its control entirely from the criminal justice system and ultimately explores the nature of crime and punishment in the U.S. today.
Book Synopsis Open Source Licensing by : Lawrence E. Rosen
Download or read book Open Source Licensing written by Lawrence E. Rosen and published by Prentice Hall. This book was released on 2005 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: "I have studied Rosen's book in detail and am impressed with its scope and content. I strongly recommend it to anybody interested in the current controversies surrounding open source licensing." --John Terpstra, Samba.org; cofounder, Samba-Team "Linux and open source software have forever altered the computing landscape. The important conversations no longer revolve around the technology but rather the business and legal issues. Rosen's book is must reading for anyone using or providing open source solutions." --Stuart Open Source Development Labs A Complete Guide to the Law of Open Source for Developers, Managers, and Lawyers Now that open source software is blossoming around the world, it is crucial to understand how open source licenses work--and their solid legal foundations. Open Source Initiative general counsel Lawrence Rosen presents a plain-English guide to open source law for developers, managers, users, and lawyers. Rosen clearly explains the intellectual property laws that support open source licensing, carefully reviews today's leading licenses, and helps you make the best choices for your project or organization. Coverage includes: Explanation of why the SCO litigation and other attacks won't derail open source Dispelling the myths of open source licensing Intellectual property law for nonlawyers: ownership and licensing of copyrights, patents, and trademarks "Academic licenses" BSD, MIT, Apache, and beyond The "reciprocal bargain" at the heart of the GPL Alternative licenses: Mozilla, CPL, OSL and AFL Benefits of open source, and the obligations and risks facing businesses that deploy open source software Choosing the right license: considering business models, product architecture, IP ownership, license compatibility issues, relicensing, and more Enforcing the terms and conditions of open source licenses Shared source, eventual source, and other alternative models to open source Protecting yourself against lawsuits
Book Synopsis Understanding Academic Freedom by : Henry Reichman
Download or read book Understanding Academic Freedom written by Henry Reichman and published by JHU Press. This book was released on 2021-10-05 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book offers the first comprehensive introduction to academic freedom, surveying its history and application to research, teaching, and public expression, as well as its treatment in the legal arena and its applicability to students"--
Book Synopsis The Fifth Freedom by : Anthony S. Chen
Download or read book The Fifth Freedom written by Anthony S. Chen and published by Princeton University Press. This book was released on 2009-06-15 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Broadly interdisciplinary, 'The Fifth Freedom' sheds new light on the role of parties, elites, and institutions in the policymaking process; the impact of racial politics on electoral realignment; the history of civil rights; the decline of New Deal liberalism; and the rise of the New Right.
Book Synopsis How Constitutional Rights Matter by : Adam Chilton
Download or read book How Constitutional Rights Matter written by Adam Chilton and published by Oxford University Press, USA. This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.
Book Synopsis Enforcing Religious Freedom in Prison by : United States Commission on Civil Rights
Download or read book Enforcing Religious Freedom in Prison written by United States Commission on Civil Rights and published by . This book was released on 2008 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Executive summary: This report focuses on the government's efforts to enforce federal civil rights laws prohibiting religious discrimination in the administration and management of federal and state prisons. Prisoners in federal and state institutions retain certain religious exercise rights under the Constitution and statutes including the Religious Land Use and Institutionalized Persons Act (RLUPIPA), the Religious Freedom Restoration Act (RFRA), and the Civil rights of Institutionalized Persons Act (CRIPA). Many states have similar provisions in their state constitutions and in state law modeled on RFRA. These rights must be balanced with the legitimate concerns of prisons officials, including cost, staffing, and most importantly, prison safety and security. Reconciling these rights and concerns can be a significant challenge for penal institutions, as well as courts.
Book Synopsis Pharmaceutical Freedom by : Jessica Flanigan
Download or read book Pharmaceutical Freedom written by Jessica Flanigan and published by Oxford University Press. This book was released on 2017 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jessica Flanigan defends patients' rights of self-medication on the grounds that same moral reasons against medical paternalism in clinical contexts are also reasons against paternalistic pharmaceutical policies, including prohibitive approval processes and prescription requirements.--
Book Synopsis Rehabilitating Lochner by : David E. Bernstein
Download or read book Rehabilitating Lochner written by David E. Bernstein and published by University of Chicago Press. This book was released on 2011-05-01 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
Book Synopsis Enforcing International Human Rights in Domestic Courts by : Benedetto Conforti
Download or read book Enforcing International Human Rights in Domestic Courts written by Benedetto Conforti and published by BRILL. This book was released on 2021-09-27 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to explore the ways in which domestic courts are dealing with international human rights issues in their respective jurisdictions. This volume, however, is not limited to offering a comparative overview. It aims principally at identifying the most common obstacles that still hinder the effective adjudication and enforcement of human rights in domestic law. Ultimately, it aspires to suggest judicial models that may help reduce or remove those obstacles, consistently with the principle, recognised in modern constitutions, that national courts are bound to participate in the implementation process of international law.
Book Synopsis Enforcing Religious Freedom in Prison by : United States Commission on Civil Rights
Download or read book Enforcing Religious Freedom in Prison written by United States Commission on Civil Rights and published by . This book was released on 2008 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Executive summary: This report focuses on the government's efforts to enforce federal civil rights laws prohibiting religious discrimination in the administration and management of federal and state prisons. Prisoners in federal and state institutions retain certain religious exercise rights under the Constitution and statutes including the Religious Land Use and Institutionalized Persons Act (RLUPIPA), the Religious Freedom Restoration Act (RFRA), and the Civil rights of Institutionalized Persons Act (CRIPA). Many states have similar provisions in their state constitutions and in state law modeled on RFRA. These rights must be balanced with the legitimate concerns of prisons officials, including cost, staffing, and most importantly, prison safety and security. Reconciling these rights and concerns can be a significant challenge for penal institutions, as well as courts.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Enforcing Civil Rights by : Brian K. Landsberg
Download or read book Enforcing Civil Rights written by Brian K. Landsberg and published by . This book was released on 1997 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: A former member of the Civil Rights Division of the US Department of Justice, established in 1957, explains the agency's role in combating institutionalized racism. He discusses political realities, national priorities, the widening of the mandate, weathering political shifts in Washington, conflicts between career civil servants and political appointees, and other aspects. He also analyzes the consequences of its litigation positions and considers whether the structure of enforcement should be changed. Annotation copyrighted by Book News, Inc., Portland, OR
Book Synopsis America, Guns, and Freedom by : Miguel a Faria Jr M D
Download or read book America, Guns, and Freedom written by Miguel a Faria Jr M D and published by . This book was released on 2019-10 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Dr. Miguel Faria's journey into politics and the public health and gun control movements began when, as editor of the Journal of the Medical Association of Georgia, he studied the problem of gun violence and discovered the gun research conducted by the medical establishment was not scientific research as claimed, but politicized, result-oriented propaganda designed to bolster the preordained conclusion that guns should be eradicated from the general population. Faria and three other experts testified before a congressional subcommittee, exposing the pseudoscience of the gun research conducted by the Center for Disease Control (CDe and proposing the elimination of funds for such research. Congress agreed and passed the Dickey Amendment, restricting CDC gun research that advocates for gun control. Faria relates his adventures during his stint "within the belly" of the public health establishmentƒƒ‚‚ƒ‚‚"ƒƒ‚‚ƒ‚‚€ƒƒ‚‚ƒ‚‚" that is, his appointment by President George W. Bush as a member of a grant review committee at the National Center for Injury Prevention and Control (NCIPe of the CDC, the very institution he had criticized for nearly a decade! He criticizes some of the methodology used by the NCIPC and militates for a more rigorous scientific process for approval of grants in the area of injury prevention. He exposes specific flaws in several gun violence studies that attempted to link lawful gun ownership to violent crime. He argues that gun violence is not merely a consequence of "easy gun availability," but due to the cycle of government dependency, broken families, the failure of public education, and the cultural disintegration that has been taking place for decades, particularly in the poorer southern states, and for which the federal government welfare policies have been largely responsible. America, Guns, and Freedom outlines why the Second Amendment and armed self-defense are still needed in modern society, debunks the arguments that the U.S. should follow the path of European social democracies by enforcing draconian gun control, and expounds on how civilian disarmament in Australia and Great Britain, despite media hype, has not decreased violent crime in those countries. In America, Guns, and Freedom, the author warns us of the five essential ingredients required for the creation and sustenance of tyrannical governments, one of which has been civilian disarmament via gun registration followed by gun bans and confiscation. Faria discusses mass shooting incidents and the role of mental illness. Special attention is given to the problem of how media sensationalism may encourage deranged individuals and madmen to become mass shooters seeking celebrity status, even in death. While gun control advocates decry America's "gun culture," Faria informs us of the significant role that this "gun culture" played in saving England during World War II. American traditions have been and remain beacons of liberty, and this is most evident in America, Guns, and Freedom. Totalitarian governments that deny their citizens the right to keep and bear arms are a threat to life, liberty, property, and the pursuit of happiness."
