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The Criminal Conflicts Paradox
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Book Synopsis The Criminal Conflicts Paradox by : David McGowan
Download or read book The Criminal Conflicts Paradox written by David McGowan and published by . This book was released on 2018 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prosecutors may seek to disqualify defense counsel based on conflicts among defendants. In doing so prosecutors do not assert rights of current, former, or prospective clients, as in the usual conflicts assertion. They instead assert other interests, the most concrete of which is the interest in not wasting resources in a retrial if a conviction is tainted by a conflict. Wheat v. United States sets a lenient standard for assessing such assertions. Judges may disqualify defense counsel even if the relevant parties are willing to waive conflicts that should be waivable as both a positive and normative matter. Wheat rested this standard on a set of concerns that are insufficient to justify its holding. As colloquy at argument showed, the Court was particularly concerned that defendants would not be held to waivers but instead would challenge on appeal even knowing and intelligent waivers of waivable conflicts.Wheat was wrong on the facts, wrong on the law, and sets bad policy. It was wrong on the facts because the conflict at issue was waivable and the trial court abused its discretion in holding that it was not. It was wrong on the law because it collapsed materially different conflicts into one category and because it refused to decide whether a knowing waiver would bind a court. It set bad policy because it sought to offset the free option of appeal with a free option to prosecutors to challenge defense counsel. The Court's concern illustrates the risk to defendants of permissive standards of appeal. A defendant unable to commit credibly to a waiver may lose the benefits a waiver would provide, with little or no gain to offset the loss. This paper frames the problem of permissive standards of appeal by drawing a partial analogy to the familiar "lemons" framework. The problem is discussed more fully in future work.
Book Synopsis The Peacemaker's Paradox by : Priscilla B. Hayner
Download or read book The Peacemaker's Paradox written by Priscilla B. Hayner and published by Routledge. This book was released on 2018 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expanding from her path-breaking work in Unspeakable Truths, Priscilla Hayner focuses on a new challenge in The Peacemaker¿s Paradox: the age-old problem of negotiating peace after a war of atrocities. Drawing on her first-hand involvement in peace processes and interviews from the frontlines of peace talks, the author recounts many heretofore-untold stories of how justice has been negotiated, with great difficulty, and what this tells us for the future. Those with the most power to stop a war are the least likely to submit to justice for their crimes, but the demand for justice only grows louder. She also asks how the intervention of an international tribunal, such as the International Criminal Court, changes how a war is fought and the possibility of brokering peace. The Peacemaker¿s Paradox looks far and wide, from Gaddafi¿s Libya to the FARC talks in Colombia, to provide an unparalleled exploration of these thorniest of issues. A combination of interview-based reporting and political analysis, The Peacemaker¿s Paradox brings clarity to a field fraught with both legal and practical difficulties.
Book Synopsis The Conflict Paradox by : Bernard S. Mayer
Download or read book The Conflict Paradox written by Bernard S. Mayer and published by John Wiley & Sons. This book was released on 2015-01-12 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Find the roadmap to the heart of the conflict The Conflict Paradox is a guide to taking conflict to a more productive place. Written by one of the founders of the professional conflict management field and co-published with the American Bar Association, this book outlines seven major dilemmas that conflict practitioners face every day. Readers will find expert guidance toward getting to the heart of the conflict and will be challenged to adopt a new way to think about the choices disputants face,. They will also be offered practical tools and techniques for more successful intervention. Using stories, experiences, and reflective exercises to bring these concepts to life, the author provides actionable advice for overcoming roadblocks to effective conflict work. Disputants and interveners alike are often stymied by what appear to be unacceptable alternatives,. The Conflict Paradox offers a new way of understanding and working with these so that they become not obstacles but opportunities for helping people move through conflict successfully.. Examine the contradictions at the center of almost all conflicts Learn how to bring competition and cooperation, avoidance and engagement, optimism and realism together to make for more power conflict intervention Deal effectively with the tensions between emotions, and logic, principles and compromise, neutrality and advocacy, community and autonomy Discover the tools and techniques that make conflicts less of a hurdle to overcome and more of an opportunity to pursue Conflict is everywhere, and conflict intervention skills are valuable far beyond the professional and legal realms. With insight and creativity, solutions are almost always possible. For conflict interveners and disputants looking for an effective and creative approach to understanding and working with conflict , The Conflict Paradox provides a powerful and important roadmap for conflict intervention.
Book Synopsis The Political Economy of Predation by : Mehrdad Vahabi
Download or read book The Political Economy of Predation written by Mehrdad Vahabi and published by Cambridge University Press. This book was released on 2016 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses conflict theory through one type of conflict in particular: manhunting, or predation.
Book Synopsis The Senkaku Paradox by : Michael E. O'Hanlon
Download or read book The Senkaku Paradox written by Michael E. O'Hanlon and published by Brookings Institution Press. This book was released on 2019-04-30 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: America needs better options for resolving potential crises In recent years, the Pentagon has elevated its concerns about Russia and China as potential military threats to the United States and its allies. But what issues could provoke actual conflict between the United States and either country? And how could such a conflict be contained before it took the world to the brink of thermonuclear catastrophe, as was feared during the cold war? Defense expert Michael O'Hanlon wrestles with these questions in this insightful book, setting them within the broader context of hegemonic change and today's version of great-power competition. The book examines how a local crisis could escalate into a broader and much more dangerous threat to peace. What if, for example, Russia's “little green men” seized control of a community, like Narva or an even smaller town in Estonia, now a NATO ally? Or, what if China seized one of the uninhabited Senkaku islands now claimed and administered by Japan, or imposed a partial blockade of Taiwan? Such threats are not necessarily imminent, but they are far from inconceivable. Washington could be forced to choose, in these and similar cases, between risking major war to reverse the aggression, and appeasing China or Russia in ways that could jeopardize the broader global order. O'Hanlon argues that the United States needs a better range of options for dealing with such risks to peace. He advocates “integrated deterrence,” which combines military elements with economic warfare. The military components would feature strengthened forward defenses as well as, possibly, limited military options against Russian or Chinese assets in other theaters. Economic warfare would include offensive elements, notably sanctions, as well as measures to ensure the resilience of the United States and allies against possible enemy reprisal. The goal is to deter war through a credible set of responses that are more commensurate than existing policy with the stakes involved in such scenarios.
Book Synopsis The Conflict Paradox by : Bernard S. Mayer
Download or read book The Conflict Paradox written by Bernard S. Mayer and published by John Wiley & Sons. This book was released on 2015-01-05 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Find the roadmap to the heart of the conflict The Conflict Paradox is a guide to taking conflict to a more productive place. Written by one of the founders of the professional conflict management field and co-published with the American Bar Association, this book outlines seven major dilemmas that conflict practitioners face every day. Readers will find expert guidance toward getting to the heart of the conflict and will be challenged to adopt a new way to think about the choices disputants face,. They will also be offered practical tools and techniques for more successful intervention. Using stories, experiences, and reflective exercises to bring these concepts to life, the author provides actionable advice for overcoming roadblocks to effective conflict work. Disputants and interveners alike are often stymied by what appear to be unacceptable alternatives,. The Conflict Paradox offers a new way of understanding and working with these so that they become not obstacles but opportunities for helping people move through conflict successfully.. Examine the contradictions at the center of almost all conflicts Learn how to bring competition and cooperation, avoidance and engagement, optimism and realism together to make for more power conflict intervention Deal effectively with the tensions between emotions, and logic, principles and compromise, neutrality and advocacy, community and autonomy Discover the tools and techniques that make conflicts less of a hurdle to overcome and more of an opportunity to pursue Conflict is everywhere, and conflict intervention skills are valuable far beyond the professional and legal realms. With insight and creativity, solutions are almost always possible. For conflict interveners and disputants looking for an effective and creative approach to understanding and working with conflict , The Conflict Paradox provides a powerful and important roadmap for conflict intervention.
Book Synopsis Violence and Politics by : Kenton Worcester
Download or read book Violence and Politics written by Kenton Worcester and published by Routledge. This book was released on 2013-10-08 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violence and Politics points out a paradox of contemporary political violence: it appears to be growing in scope and complexity even in this era of unprecedented democratic and economic growth. These essays cover a number of timely issues including pro-life terrorism, hate crimes, Islam's connection (or stereotyped connection) to violence, rape as a war crime, ethnic conflicts, and violence against those protesting for civil rights for women, gays and lesbians and blacks. Contributors cross disciplines and subdisciplines to examine the counter-intuitive persistence of violence in advanced democracies and in steadily improving developing countries.
Book Synopsis Paradoxes of Conflicts by : Giovanni Scarafile
Download or read book Paradoxes of Conflicts written by Giovanni Scarafile and published by Springer. This book was released on 2016-10-28 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume features more than 25 papers that were presented at the 2014 Conference of the International Association for the Study of Controversies, IASC, held at the University of Salento, Lecce, Italy. It looks at conflict and conflict resolution from diverse perspectives, including philosophy, psychology, law, and history. Coverage explores the paradox of conflict and examines how discord, whether large or small, international or internal, can be both a source of chaos as well as a foundation for unity, a limitation of potential as well as an entryway to a greater depth of living. Inside, readers will discover thought-provoking answers to such questions as: What are the conditions to ensure that a conflict can be converted into cooperation? If the conflict between interests can be solved by a compromise, what happens when a conflict involves non-negotiable values? In the management of a conflict, what role is played by argumentation? What are the latest perspectives in conflict management? How does the theory of controversies allows us to recognize and resolve conflicts? By the end of the book, readers will have a better understanding of how conflict can be transcended and how it's possible to redefine the conflicting situation so that what seemed incompatible and locked may, in fact, open a new perspective.
Book Synopsis Paradox and Perception by : Carol L. Graham
Download or read book Paradox and Perception written by Carol L. Graham and published by Rowman & Littlefield. This book was released on 2010-09-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "quality of life" concept of quality of life is a broad one. It incorporates basic needs but also extends beyond them to include capabilities, the "livability" of the environment, and life appreciation and happiness. Latin America's diversity in culture and levels of development provide a laboratory for studying how quality of life varies with a number of objective and subjective measures. These measures range from income levels to job insecurity and satisfaction, to schooling attainment and satisfaction, to measured and self-assessed health, among others. Paradox and Perception greatly improves our understanding of the determinants of well-being in Latin America based on a broad "quality of life" concept that challenges some standard assumptions in economics, including those about the relationship between happiness and income. The authors' analysis builds upon a number of new approaches in economics, particularly those related to the study of happiness and finds a number of paradoxes as the region's respondents evaluate their well-being. These include the paradox of unhappy growth at the macroeconomic level, happy peasants and frustrated achievers at the microlevel, and surprisingly high levels of satisfaction with public services among the region's poorest. They also have important substantive links with several of the region's realities, such as high levels of income inequality, volatile macroeconomic performance, and low expectations of public institutions and faith in the capacity of the state to deliver. Identifying these perceptions, paradoxes, and their causes will contribute to the crafting of better public policies, as well as to our understanding of why "populist" politics still pervade in much of the region.
Book Synopsis The Rights Paradox by : Michael A. Zilis
Download or read book The Rights Paradox written by Michael A. Zilis and published by Cambridge University Press. This book was released on 2021-04-15 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens to the legitimacy of the Supreme Court when it protects 'equal justice under law'?
Book Synopsis Governing Paradoxes of Restorative Justice by : George Pavlich
Download or read book Governing Paradoxes of Restorative Justice written by George Pavlich and published by Routledge. This book was released on 2013-01-11 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: Restorative justice is the policy of eschewing traditional punishments in favour of group counselling involving both victims and perpetrators. Until now there has been no critical analysis of governmental rationales that legitimize restorative practices over traditional approaches but Governing Practices of Restorative Justice fills this gap and addresses the mentalities of governance most prominent in restorative justice. The author provides comprehensible commentary on the central images of this discursive arena in a style accessible to participants and observers alike of restorative justice.
Download or read book Coercive Control written by Evan Stark and published by Oxford University Press. This book was released on 2009 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.
Book Synopsis Votes, Drugs, and Violence by : Guillermo Trejo
Download or read book Votes, Drugs, and Violence written by Guillermo Trejo and published by Cambridge University Press. This book was released on 2020-09-03 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most surprising developments in Mexico's transition to democracy is the outbreak of criminal wars and large-scale criminal violence. Why did Mexican drug cartels go to war as the country transitioned away from one-party rule? And why have criminal wars proliferated as democracy has consolidated and elections have become more competitive subnationally? In Votes, Drugs, and Violence, Guillermo Trejo and Sandra Ley develop a political theory of criminal violence in weak democracies that elucidates how democratic politics and the fragmentation of power fundamentally shape cartels' incentives for war and peace. Drawing on in-depth case studies and statistical analysis spanning more than two decades and multiple levels of government, Trejo and Ley show that electoral competition and partisan conflict were key drivers of the outbreak of Mexico's crime wars, the intensification of violence, and the expansion of war and violence to the spheres of local politics and civil society.
Book Synopsis The Paradox of Power by : David C. Gompert
Download or read book The Paradox of Power written by David C. Gompert and published by Government Printing Office. This book was released on 2020 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second half of the 20th century featured a strategic competition between the United States and the Soviet Union. That competition avoided World War III in part because during the 1950s, scholars like Henry Kissinger, Thomas Schelling, Herman Kahn, and Albert Wohlstetter analyzed the fundamental nature of nuclear deterrence. Decades of arms control negotiations reinforced these early notions of stability and created a mutual understanding that allowed U.S.-Soviet competition to proceed without armed conflict. The first half of the 21st century will be dominated by the relationship between the United States and China. That relationship is likely to contain elements of both cooperation and competition. Territorial disputes such as those over Taiwan and the South China Sea will be an important feature of this competition, but both are traditional disputes, and traditional solutions suggest themselves. A more difficult set of issues relates to U.S.-Chinese competition and cooperation in three domains in which real strategic harm can be inflicted in the current era: nuclear, space, and cyber. Just as a clearer understanding of the fundamental principles of nuclear deterrence maintained adequate stability during the Cold War, a clearer understanding of the characteristics of these three domains can provide the underpinnings of strategic stability between the United States and China in the decades ahead. That is what this book is about.
Book Synopsis The Oxford Handbook of Organizational Paradox by : Wendy K. Smith
Download or read book The Oxford Handbook of Organizational Paradox written by Wendy K. Smith and published by Oxford University Press. This book was released on 2017-09-07 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of paradox dates back to ancient philosophy, yet only recently have scholars started to explore this idea in organizational phenomena. Two decades ago, a handful of provocative theorists urged researchers to take seriously the study of paradox, and thereby deepen our understanding of plurality, tensions, and contradictions in organizational life. Studies of organizational paradox have grown exponentially over the past two decades, canvassing varied phenomena, methods, and levels of analysis. These studies have explored such tensions as today and tomorrow, global integration and local distinctions, collaboration and competition, self and others, mission and markets. Yet even with both the depth and breadth of interest in organizational paradoxes, key issues around definitions and application remain. This handbook seeks to aid, engage, and fuel the expanding interest in organizational paradox. Contributions to this volume depict how paradox studies inform, and are informed, by other theoretical perspectives, while creating a resource that enables scholars to learn about and apply this lens across varied organizational phenomena. The increasing complexity, volatility, and ambiguity in our world continually surfaces paradoxical dynamics. Thus, this handbook offers insights to scholars across organizational theory.
Book Synopsis Prisoner's Dilemma by : Anatol Rapoport
Download or read book Prisoner's Dilemma written by Anatol Rapoport and published by University of Michigan Press. This book was released on 1965 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: An account of many experiments in which the psychological game Prisoner's Dilemma was played
Book Synopsis Liberty and Coercion by : Gary Gerstle
Download or read book Liberty and Coercion written by Gary Gerstle and published by Princeton University Press. This book was released on 2017-10-24 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the conflict between federal and state power has shaped American history American governance is burdened by a paradox. On the one hand, Americans don't want "big government" meddling in their lives; on the other hand, they have repeatedly enlisted governmental help to impose their views regarding marriage, abortion, religion, and schooling on their neighbors. These contradictory stances on the role of public power have paralyzed policymaking and generated rancorous disputes about government’s legitimate scope. How did we reach this political impasse? Historian Gary Gerstle, looking at two hundred years of U.S. history, argues that the roots of the current crisis lie in two contrasting theories of power that the Framers inscribed in the Constitution. One theory shaped the federal government, setting limits on its power in order to protect personal liberty. Another theory molded the states, authorizing them to go to extraordinary lengths, even to the point of violating individual rights, to advance the "good and welfare of the commonwealth." The Framers believed these theories could coexist comfortably, but conflict between the two has largely defined American history. Gerstle shows how national political leaders improvised brilliantly to stretch the power of the federal government beyond where it was meant to go—but at the cost of giving private interests and state governments too much sway over public policy. The states could be innovative, too. More impressive was their staying power. Only in the 1960s did the federal government, impelled by the Cold War and civil rights movement, definitively assert its primacy. But as the power of the central state expanded, its constitutional authority did not keep pace. Conservatives rebelled, making the battle over government’s proper dominion the defining issue of our time. From the Revolution to the Tea Party, and the Bill of Rights to the national security state, Liberty and Coercion is a revelatory account of the making and unmaking of government in America.
