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Law As Last Resort
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Book Synopsis Law as Last Resort by : Keith Hawkins
Download or read book Law as Last Resort written by Keith Hawkins and published by Oxford University Press, USA. This book was released on 2002 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the attrition of cases by studying decisions made about their creation, handling, disposal, and prosecution."--BOOK JACKET
Book Synopsis Court of Last Resort by : Carol A. B. Warren
Download or read book Court of Last Resort written by Carol A. B. Warren and published by University of Chicago Press. This book was released on 1984-08 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Last Resort looks at decision making in a mental-health court and at the dilemmas of treating mental illness while protecting patients' legal rights. Carol Warren spent seven years studying hearings in a large California court where people who had been involuntarily committed to institutions for psychiatric treatment could petition for their release. In this book she confronts questions of whether mental illness is real or only a label for societal control, whether the government should be involved in committing the deviant to institutions, and how the interaction of judges, psychiatrists, families, police, and other individuals and agencies affect the court's administration of mental-health law. Though the cases in this book fall under California's Lanterman-Petris-Short Act, Warren's analysis of conflicts between legal and medical models of behavior is of national and international importance both to sociologists and to the many professionals who work at the juncture of mental health and the law.
Book Synopsis The Court of Last Resort by : Erle Stanley Gardner
Download or read book The Court of Last Resort written by Erle Stanley Gardner and published by Open Road Media. This book was released on 2017-04-11 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edgar Award Winner: True stories of miscarriages of justice, legal battles, and landmark reversals, by the creator of Perry Mason. In 1945, Erle Stanley Gardner, noted attorney and author of the popular Perry Mason mysteries, was contacted by an overwhelmed California public defender who believed his doomed client was innocent. William Marvin Lindley had been convicted of the rape and murder of a young girl along the banks of the Yuba River, and was awaiting execution at San Quentin. After reviewing the case, Gardner agreed to help—it seemed the fate of the “Red-Headed Killer” hinged on the testimony of a colorblind witness. Gardner’s intervention sparked the Court of Last Resort. The Innocence Project of its day, this ambitious and ultimately successful undertaking was devoted to investigating, reviewing, and reversing wrongful convictions owing to poor legal representation, prosecutorial abuses, biased police activity, bench corruption, unreliable witnesses, and careless forensic-evidence testimony. The crimes: rape, murder, kidnapping, and manslaughter. The prisoners: underprivileged and vulnerable men wrongly convicted and condemned to life sentences or death row with only one hope—the devotion of Erle Stanley Gardner and the Court of Last Resort. Featuring Gardner’s most damning cases of injustice from across the country, The Court of Last Resort won the Edgar Award for Best Fact Crime. Originating as a monthly column in Argosy magazine, it was produced as a dramatized court TV show for NBC.
Download or read book Last Resort written by Eric A. Posner and published by University of Chicago Press. This book was released on 2018-04-02 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: The bailouts during the recent financial crisis enraged the public. They felt unfair—and counterproductive: people who take risks must be allowed to fail. If we reward firms that make irresponsible investments, costing taxpayers billions of dollars, aren’t we encouraging them to continue to act irresponsibly, setting the stage for future crises? And beyond the ethics of it was the question of whether the government even had the authority to bail out failing firms like Bear Stearns and AIG. The answer, according to Eric A. Posner, is no. The federal government freely and frequently violated the law with the bailouts—but it did so in the public interest. An understandable lack of sympathy toward Wall Street has obscured the fact that bailouts have happened throughout economic history and are unavoidable in any modern, market-based economy. And they’re actually good. Contrary to popular belief, the financial system cannot operate properly unless the government stands ready to bail out banks and other firms. During the recent crisis, Posner agues, the law didn’t give federal agencies sufficient power to rescue the financial system. The legal constraints were damaging, but harm was limited because the agencies—with a few exceptions—violated or improvised elaborate evasions of the law. Yet the agencies also abused their power. If illegal actions were what it took to advance the public interest, Posner argues, we ought to change the law, but we need to do so in a way that also prevents agencies from misusing their authority. In the aftermath of the crisis, confusion about what agencies did do, should have done, and were allowed to do, has prevented a clear and realistic assessment and may hamper our response to future crises. Taking up the common objections raised by both right and left, Posner argues that future bailouts will occur. Acknowledging that inevitability, we can and must look ahead and carefully assess our policy options before we need them.
Download or read book The Last Resort written by Norma Watkins and published by Univ. Press of Mississippi. This book was released on 2011-05-09 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raised under the racial segregation that kept her family's southern country hotel afloat, Norma Watkins grows up listening at doors, trying to penetrate the secrets and silences of the black help and of her parents' marriage. Groomed to be an ornament to white patriarchy, she sees herself failing at the ideal of becoming a southern lady. The Last Resort, her compelling memoir, begins in childhood at Allison's Wells, a popular Mississippi spa for proper white people, run by her aunt. Life at the rambling hotel seems like paradise. Yet young Norma wonders at a caste system that has colored people cooking every meal while forbidding their sitting with whites to eat. Once integration is court-mandated, her beloved father becomes a stalwart captain in defense of Jim Crow as a counselor to fiery, segregationist Governor Ross Barnett. His daughter flounders, looking for escape. A fine house, wonderful children, and a successful husband do not compensate for the shock of Mississippi's brutal response to change, daily made manifest by the men in her home. A sexually bleak marriage only emphasizes a growing emotional emptiness. When a civil rights lawyer offers love and escape, does a good southern lady dare leave her home state and closed society behind? With humor and heartbreak, The Last Resort conveys at once the idyllic charm and the impossible compromises of a lost way of life.
Book Synopsis Command and Persuade by : Peter Baldwin
Download or read book Command and Persuade written by Peter Baldwin and published by MIT Press. This book was released on 2021-10-05 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? Voted one of the best law books of 2021 by the UK Times. Levels of violent crime have been in a steady decline for centuries--for millennia, even. Over the past five hundred years, homicide rates have decreased a hundred-fold. We live in a time that is more orderly and peaceful than ever before in human history. Why, then, does fear of crime dominate modern politics? Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? In Command and Persuade, Peter Baldwin examines the evolution of the state's role in crime and punishment over three thousand years. Baldwin explains that the involvement of the state in law enforcement and crime prevention is relatively recent. In ancient Greece, those struck by lightning were assumed to have been punished by Zeus. In the Hebrew Bible, God was judge, jury, and prosecutor when Cain killed Abel. As the state’s power as lawgiver grew, more laws governed behavior than ever before; the sum total of prohibited behavior has grown continuously. At the same time, as family, community, and church exerted their influences, we have become better behaved and more law-abiding. Even as the state stands as the socializer of last resort, it also defines through law the terrain on which we are schooled into acceptable behavior.
Book Synopsis Politics of Last Resort by : Jonathan White
Download or read book Politics of Last Resort written by Jonathan White and published by Oxford University Press, USA. This book was released on 2020-01-13 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prominent in the EU's recent transformations has been the tendency to advance extraordinary measures in the name of crisis response. From emergency lending to macro-economics, border management to Brexit, policies are pursued unconventionally and as measures of last resort. This book investigates the nature, rise, and implications of this politics of emergency as it appears in the transnational setting. As the author argues, recourse to this method of rule is an expression of the deeper weakness of executive power in today's Europe. It is how policy-makers contend with rising socio-economic power and diminishing representative ties, seeking fall-back authority in the management of crises. In the structure of the EU they find incentives and few impediments. Whereas political exceptionalism tends to be associated with sovereign power, here it is power's diffusion and functional disaggregation that spurs politics in the emergency mode. The effect of these governing patterns is not just to challenge and reshape ideas of EU legitimacy rooted in constitutionalism and technocracy. The politics of emergency fosters a counter-politics in its mirror image, as populists and others play with themes of necessity and claim the right to disobedience in extremis. The book examines the prospects for democracy once the politics of emergency takes hold, and what it might mean to put transnational politics on a different footing.
Book Synopsis Usual Cruelty by : Alec Karakatsanis
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.
Book Synopsis Criminal Law in the Age of the Administrative State by : Vincent Chiao
Download or read book Criminal Law in the Age of the Administrative State written by Vincent Chiao and published by Studies in Penal Theory and Ph. This book was released on 2018-11-12 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the criminal law for? One influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. On this account, the criminal law has an intrinsic subject matter-certain types of moral wrongdoing-and it provides a distinctive response to that wrongdoing, namely condemnatory punishment. In Criminal Law in the Age of the Administrative State, Vincent Chiao offers an alternative, public law account. What the criminal law is for, Chiao suggests, is sustaining social cooperation with public institutions. Consequently, we only have reason to support the use of the criminal law insofar as its use is consistent with our reasons for valuing the social order established by those institutions. By starting with the political morality of public institutions rather than the interpersonal morality of private relationships, this account shows how the criminal law is continuous with the modern administrative and welfare state, and why it is answerable to the same political virtues. Chiao sketches a democratic egalitarian account of those virtues, one that is loosely consequentialist, egalitarian but not equalizing, and centered on a form of freedom-effective access to central capabilities-as its currency of evaluation. From this point of view, the role of the criminal law is to help public institutions create a society in which each person can lead a life as a peer among peers. Chiao shows how a democratic egalitarian approach to criminal justice provides a fresh perspective on a range of contemporary problems, from mass incarceration to overcriminalization, due process and the collateral consequences of a criminal conviction.
Book Synopsis The Oxford Handbook of Ethics of War by : Seth Lazar
Download or read book The Oxford Handbook of Ethics of War written by Seth Lazar and published by Oxford University Press. This book was released on 2018-01-12 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen a resurgence of interest, among both philosophers, legal scholars, and military experts, on the ethics of war. Due in part due to post 9/11 events, this resurgence is also due to a growing theoretical sophistication among scholars in this area. Recently there has been very influential work published on the justificaton of killing in self-defense and war, and the topic of the ethics of war is now more important than ever as a discrete field. The 28 commissioned chapters in this Handbook will present a comprehensive overview of the field as well as make significant and novel contributions, and collectively they will set the terms of the debate for the next decade. Lazar and Frowe will invite the leading scholars in the field to write on topics that are new to them, making the volume a compilation of fresh ideas rather than a rehash of earlier work. The volume will be dicided into five sections: Method, History, Resort, Conduct, and Aftermath. The contributors will be a mix of junior and senior figures, and will include well known scholars like Michael Walzer, Jeff McMahan, and David Rodin.
Book Synopsis The Lender of Last Resort Function after the Global Financial Crisis by : Marc Dobler
Download or read book The Lender of Last Resort Function after the Global Financial Crisis written by Marc Dobler and published by International Monetary Fund. This book was released on 2016-01-22 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global financial crisis (GFC) has renewed interest in emergency liquidity support (sometimes referred to as “Lender of Last Resort”) provided by central banks to financial institutions and challenged the traditional way of conducting these operations. Despite a vast literature on the topic, central bank approaches and practices vary considerably. In this paper we focus on, for the most part, the provision of idiosyncratic support, approaching it from an operational perspective; highlighting different approaches adopted by central banks; and also identifying some of the issues that arose during the GFC.
Book Synopsis Reasonable Doubts by : Alan M. Dershowitz
Download or read book Reasonable Doubts written by Alan M. Dershowitz and published by Simon and Schuster. This book was released on 1997-02-19 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of America's leading appeal lawyers, Alan Dershowitz was the man chosen to prepare the appeal should O.J. Simpson have been convicted. Now Professor Dershowitz uses this case to examine the larger issues and to identify the social forces - media, money, gender, and race - that shape the criminal-justice system in America today. How could one of the longest trials in the history of America's judicial system produce a verdict after only hours of jury deliberation? Was this really a case of circumstantial evidence?
Book Synopsis Debt's Dominion by : David A. Skeel Jr.
Download or read book Debt's Dominion written by David A. Skeel Jr. and published by Princeton University Press. This book was released on 2014-04-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.
Download or read book Ignorance of Law written by Douglas Husak and published by Oxford University Press. This book was released on 2016-07-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically. The author grounds his position in an underlying theory of moral and criminal responsibility according to which blameworthiness consists in a defective response to the moral reasons one has. Since persons cannot be faulted for failing to respond to reasons for criminal liability they do not believe they have, then ignorance should almost always excuse. But persons are somewhat responsible for their wrongs when their mistakes of law are reckless, that is, when they consciously disregard a substantial and unjustifiable risk that their conduct might be wrong. This book illustrates this with examples and critiques the arguments to the contrary offered by criminal theorists and moral philosophers. It assesses the real-world implications for the U.S. system of criminal justice. The author describes connections between the problem of ignorance of law and other topics in moral and legal theory.
Download or read book Last Resort written by Andrew Lipstein and published by Farrar, Straus and Giroux. This book was released on 2022-01-18 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Named a Top 10 Book of the Year by Slate Named a Best Book of 2022 by The New Yorker Named a Best Book of 2022 by Vulture A New York Times Editors’ Choice Shortlisted for the Bollinger Everyman Wodehouse Prize for Comic Fiction In his blazing debut novel, Andrew Lipstein blurs the lines of fact and fiction with a thrilling story of fame, fortune, and impossible choices. Caleb Horowitz is twenty-seven, and his wildest dreams are about to come true. His manuscript has caught the attention of the agent, who offers him money, acclaim, and a taste of the literary life. He can’t wait for his book to be shopped to every editor in New York, except one: Avi Deitsch, an old college rival and the novel’s “inspiration.” When Avi gets his hands on it, he sees nothing but theft—and opportunity. Caleb is forced to make a Faustian bargain, one that tests his theories of success, ambition, and the limits of art. Last Resort is the razor-edged account of a young man’s reckless journey into authenticity. As Caleb fights to right his mistakes and reclaim his name, he must burn every bridge, confront his deepest desires, and finally see his work from the perspectives of characters he’d imagined were his own.
Download or read book Tough on Hate? written by Clara S. Lewis and published by Rutgers University Press. This book was released on 2013-12-13 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do we know every gory crime scene detail about such victims as Matthew Shepard and James Byrd Jr. and yet almost nothing about the vast majority of other hate crime victims? Now that federal anti-hate-crimes laws have been passed, why has the number of these crimes not declined significantly? To answer such questions, Clara S. Lewis challenges us to reconsider our understanding of hate crimes. In doing so, she raises startling issues about the trajectory of civil and minority rights. Tough on Hate is the first book to examine the cultural politics of hate crimes both within and beyond the law. Drawing on a wide range of sources—including personal interviews, unarchived documents, television news broadcasts, legislative debates, and presidential speeches—the book calls attention to a disturbing irony: the sympathetic attention paid to certain shocking hate crime murders further legitimizes an already pervasive unwillingness to act on the urgent civil rights issues of our time. Worse still, it reveals the widespread acceptance of ideas about difference, tolerance, and crime that work against future progress on behalf of historically marginalized communities.
Book Synopsis The Court of Last Resort by : Carol A. B. Warren
Download or read book The Court of Last Resort written by Carol A. B. Warren and published by . This book was released on 1984 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt:
