When Law Fails

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When Law Fails

Author : Austin Sarat
Publisher : NYU Press
ISBN 13 : 9780814762257
Total Pages : 359 pages
Book Rating : 4.7/5 (622 download)

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Book Synopsis When Law Fails by : Austin Sarat

Download or read book When Law Fails written by Austin Sarat and published by NYU Press. This book was released on 2009-01-01 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system. The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion. When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in the law’s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system. Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.

When Civil Law Fails

Author : Robert Stanley Rankin
Publisher :
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis When Civil Law Fails by : Robert Stanley Rankin

Download or read book When Civil Law Fails written by Robert Stanley Rankin and published by . This book was released on 1939 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Failing Law Schools

Author : Brian Z. Tamanaha
Publisher : University of Chicago Press
ISBN 13 : 0226923622
Total Pages : 253 pages
Book Rating : 4.2/5 (269 download)

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Book Synopsis Failing Law Schools by : Brian Z. Tamanaha

Download or read book Failing Law Schools written by Brian Z. Tamanaha and published by University of Chicago Press. This book was released on 2012-06-18 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: “An essential title for anyone thinking of law school or concerned with America's dysfunctional legal system.” —Library Journal On the surface, law schools today are thriving. Enrollments are on the rise and law professors are among the highest paid. Yet behind the flourishing facade, law schools are failing abjectly. Recent front-page stories have detailed widespread dubious practices, including false reporting of LSAT and GPA scores, misleading placement reports, and the fundamental failure to prepare graduates to enter the profession. Addressing all these problems and more is renowned legal scholar Brian Z. Tamanaha. Piece by piece, Tamanaha lays out the how and why of the crisis and the likely consequences if the current trend continues. The out-of-pocket cost of obtaining a law degree at many schools now approaches $200,000. The average law school graduate’s debt is around $100,000—the highest it has ever been—while the legal job market is the worst in decades. Growing concern with the crisis in legal education has led to high-profile coverage in the Wall Street Journal and the New York Times, and many observers expect it soon will be the focus of congressional scrutiny. Bringing to the table his years of experience from within the legal academy, Tamanaha provides the perfect resource for assessing what’s wrong with law schools and figuring out how to fix them. “Failing Law Schools presents a comprehensive case for the negative side of the legal education debate and I am sure that many legal academics and every law school dean will be talking about it.” —Stanley Fish, Florida International University College of Law

The Failure of Corporate Law

Author : Kent Greenfield
Publisher : ReadHowYouWant.com
ISBN 13 : 1459606167
Total Pages : 562 pages
Book Rating : 4.4/5 (596 download)

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Book Synopsis The Failure of Corporate Law by : Kent Greenfield

Download or read book The Failure of Corporate Law written by Kent Greenfield and published by ReadHowYouWant.com. This book was released on 2010-10-21 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: When used in conjunction with corporations, the term public is misleading. Anyone can purchase shares of stock, but public corporations themselves are uninhibited by a sense of societal obligation or strict public oversight. In fact, managers of most large firms are prohibited by law from taking into account the interests of the public in de...

Breached!

Author : Daniel J. Solove
Publisher : Oxford University Press
ISBN 13 : 0190940557
Total Pages : 257 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Breached! by : Daniel J. Solove

Download or read book Breached! written by Daniel J. Solove and published by Oxford University Press. This book was released on 2022 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Web-based connections permeate our lives - and so do data breaches. Given that we must be online for basic communication, finance, healthcare, and more, it is remarkable how many problems there are with cybersecurity. Despite the passage of many data security laws, data breaches are increasingat a record pace. In Breached!, Daniel Solove and Woodrow Hartzog, two of the world's leading experts on cybersecurity and privacy issues, argue that the law fails because, ironically, it focuses too much on the breach itself.Drawing insights from many fascinating stories about data breaches, Solove and Hartzog show how major breaches could have been prevented through inexpensive, non-cumbersome means. They also reveal why the current law is counterproductive. It pummels organizations that have suffered a breach, butdoesn't recognize other contributors to the breach. These outside actors include software companies that create vulnerable software, device companies that make insecure devices, government policymakers who write regulations that increase security risks, organizations that train people to engage inrisky behaviors, and more.The law's also ignores the role that good privacy practices can play. Although humans are the weakest link for data security, the law remains oblivious to the fact that policies and technologies are often designed with a poor understanding of human behavior. Breached! corrects this course byfocusing on the human side of security. This book sets out a holistic vision for data security law - one that holds all actors accountable, understands security broadly and in relationship to privacy, looks to prevention rather than reaction, and is designed with people in mind. The book closes witha roadmap for how we can reboot law and policy surrounding cybersecurity so that breaches become much rarer events.

When All Else Fails

Author : David A. Moss
Publisher : Harvard University Press
ISBN 13 : 9780674016095
Total Pages : 472 pages
Book Rating : 4.0/5 (16 download)

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Book Synopsis When All Else Fails by : David A. Moss

Download or read book When All Else Fails written by David A. Moss and published by Harvard University Press. This book was released on 2004-10-25 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important functions of government—risk management—is one of the least well understood. Moving beyond familiar public functions—spending, taxation, and regulation—Moss spotlights government's pivotal role as a risk manager, revealing the nature and extent of this function, which touches almost every aspect of economic life.

When Brute Force Fails

Author : Mark A. R. Kleiman
Publisher : Princeton University Press
ISBN 13 : 9781400831265
Total Pages : 256 pages
Book Rating : 4.8/5 (312 download)

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Book Synopsis When Brute Force Fails by : Mark A. R. Kleiman

Download or read book When Brute Force Fails written by Mark A. R. Kleiman and published by Princeton University Press. This book was released on 2009-08-17 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the crime explosion of the 1960s, the prison population in the United States has multiplied fivefold, to one prisoner for every hundred adults--a rate unprecedented in American history and unmatched anywhere in the world. Even as the prisoner head count continues to rise, crime has stopped falling, and poor people and minorities still bear the brunt of both crime and punishment. When Brute Force Fails explains how we got into the current trap and how we can get out of it: to cut both crime and the prison population in half within a decade. Mark Kleiman demonstrates that simply locking up more people for lengthier terms is no longer a workable crime-control strategy. But, says Kleiman, there has been a revolution--largely unnoticed by the press--in controlling crime by means other than brute-force incarceration: substituting swiftness and certainty of punishment for randomized severity, concentrating enforcement resources rather than dispersing them, communicating specific threats of punishment to specific offenders, and enforcing probation and parole conditions to make community corrections a genuine alternative to incarceration. As Kleiman shows, "zero tolerance" is nonsense: there are always more offenses than there is punishment capacity. But, it is possible--and essential--to create focused zero tolerance, by clearly specifying the rules and then delivering the promised sanctions every time the rules are broken. Brute-force crime control has been a costly mistake, both socially and financially. Now that we know how to do better, it would be immoral not to put that knowledge to work.

The Collapse of American Criminal Justice

Author : William J. Stuntz
Publisher : Harvard University Press
ISBN 13 : 0674051750
Total Pages : 425 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The Collapse of American Criminal Justice by : William J. Stuntz

Download or read book The Collapse of American Criminal Justice written by William J. Stuntz and published by Harvard University Press. This book was released on 2011-09-30 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.

When Prayer Fails

Author : Shawn Francis Peters
Publisher : Oxford University Press
ISBN 13 : 019530635X
Total Pages : 273 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis When Prayer Fails by : Shawn Francis Peters

Download or read book When Prayer Fails written by Shawn Francis Peters and published by Oxford University Press. This book was released on 2008 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'When Prayer Fails' examines the web of legal and ethical questions that arise when criminal prosecutions are mounted against parents whose children die as a result of religion-based medical neglect. It explores efforts to balance judicial protections for the religious liberty of faith-healers against the rights of children.

Model Rules of Professional Conduct

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)

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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.

When All Else Fails

Author : Jason Brennan
Publisher : Princeton University Press
ISBN 13 : 0691211507
Total Pages : 286 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis When All Else Fails by : Jason Brennan

Download or read book When All Else Fails written by Jason Brennan and published by Princeton University Press. This book was released on 2020-12-08 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economist Albert O. Hirschman famously argued that citizens of democracies have only three possible responses to injustice or wrongdoing by their government: we may leave, complain, or comply. But in When All Else Fails, Jason Brennan argues that there is fourth option. When governments violate our rights, we may resist. We may even have a moral duty to do so. For centuries, almost everyone has believed that we must allow the government and its representatives to act without interference, no matter how they behave. We may complain, protest, sue, or vote officials out, but we can't fight back. But Brennan makes the case that we have no duty to allow the state or its agents to commit injustice. We have every right to react with acts of "uncivil disobedience." We may resist arrest for violation of unjust laws. We may disobey orders, sabotage government property, or reveal classified information. We may deceive ignorant, irrational, or malicious voters. We may even use force in self-defense or to defend others. The result is a provocative challenge to long-held beliefs about how citizens may respond when government officials behave unjustly or abuse their power

When Cooperation Fails

Author : Mark A. Pollack
Publisher : Oxford University Press on Demand
ISBN 13 : 019923728X
Total Pages : 456 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis When Cooperation Fails by : Mark A. Pollack

Download or read book When Cooperation Fails written by Mark A. Pollack and published by Oxford University Press on Demand. This book was released on 2009-05-21 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dispute over genetically modified organisms has brought the US and the EU into conflict. This book examines the dynamic interactions of domestic law and politics, transnational networks, international regimes, and global markets, through a theoretically grounded and empirically comprehensive analysis of the governance of GM foods and crops.

Failing to Protect

Author : Rosa Freedman
Publisher : Oxford University Press
ISBN 13 : 0190222549
Total Pages : 240 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Failing to Protect by : Rosa Freedman

Download or read book Failing to Protect written by Rosa Freedman and published by Oxford University Press. This book was released on 2015 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year tens of millions of individuals suffer grave abuses of their human rights. These violations occur worldwide, in war-torn countries and in the wealthiest states. Despite many of the abuses being well-documented, little seems to be done to stop them from happening. The United Nations was established to safeguard world peace and security, development, and human rights yet it is undeniable that currently is it failing to protect the rights of a great many people from the victims of ethnic cleansing, to migrants, those displaced by war and women who suffer horrendous abuse. This book looks at the reasons for that failure. Using concrete examples intertwined with explanations of the law and politics of the UN, Rosa Freedman offers clear explanations of how and why the Organisation is unable, at best, or unwilling, at worst, to protect human rights. Written for a non-specialist audience, her book also seeks to explain why certain countries and political blocs manipulate and undermine the UN s human rights machinery. Failing to Protect demonstrates the urgent need for radical reform of the machinery of human rights protection at the international level.

Why Government Fails So Often

Author : Peter H. Schuck
Publisher : Princeton University Press
ISBN 13 : 0691168539
Total Pages : 484 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Why Government Fails So Often by : Peter H. Schuck

Download or read book Why Government Fails So Often written by Peter H. Schuck and published by Princeton University Press. This book was released on 2015-08-25 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: "From healthcare to workplace conduct, the federal government is taking on ever more responsibility for managing our lives. At the same time, Americans have never been more disaffected with Washington, seeing it as an intrusive, incompetent, wasteful giant. The most alarming consequence of ineffective policies, in addition to unrealized social goals, is the growing threat to the government's democratic legitimacy. Understanding why government fails so often--and how it might become more effective--is an urgent responsibility of citizenship. In this book, lawyer and political scientist Peter Schuck provides a wide range of examples and an enormous body of evidence to explain why so many domestic policies go awry--and how to right the foundering ship of state.Schuck argues that Washington's failures are due not to episodic problems or partisan bickering, but rather to deep structural flaws that undermine every administration, Democratic and Republican. These recurrent weaknesses include unrealistic goals, perverse incentives, poor and distorted information, systemic irrationality, rigidity and lack of credibility, a mediocre bureaucracy, powerful and inescapable markets, and the inherent limits of law. To counteract each of these problems, Schuck proposes numerous achievable reforms, from avoiding moral hazard in student loan, mortgage, and other subsidy programs, to empowering consumers of public services, simplifying programs and testing them for cost-effectiveness, and increasing the use of "big data." The book also examines successful policies--including the G.I. Bill, the Voting Rights Act, the Earned Income Tax Credit, and airline deregulation--to highlight the factors that made them work.An urgent call for reform, Why Government Fails So Often is essential reading for anyone curious about why government is in such disrepute and how it can do better"--

From Lynch Mobs to the Killing State

Author : Charles J. Ogletree
Publisher : NYU Press
ISBN 13 : 0814740219
Total Pages : 320 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis From Lynch Mobs to the Killing State by : Charles J. Ogletree

Download or read book From Lynch Mobs to the Killing State written by Charles J. Ogletree and published by NYU Press. This book was released on 2006-05 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Situates the linkage between race and the death penalty in the history of the U.S. Since 1976, over forty percent of prisoners executed in American jails have been African American or Hispanic. This trend shows little evidence of diminishing, and follows a larger pattern of the violent criminalization of African American populations that has marked the country's history of punishment. In a bold attempt to tackle the looming question of how and why the connection between race and the death penalty has been so strong throughout American history, Ogletree and Sarat headline an interdisciplinary cast of experts in reflecting on this disturbing issue. Insightful original essays approach the topic from legal, historical, cultural, and social science perspectives to show the ways that the death penalty is racialized, the places in the death penalty process where race makes a difference, and the ways that meanings of race in the United States are constructed in and through our practices of capital punishment. From Lynch Mobs to the Killing State not only uncovers the ways that race influences capital punishment, but also attempts to situate the linkage between race and the death penalty in the history of this country, in particular the history of lynching. In its probing examination of how and why the connection between race and the death penalty has been so strong throughout American history, this book forces us to consider how the death penalty gives meaning to race as well as why the racialization of the death penalty is uniquely American.

Failing in the Field

Author : Dean Karlan
Publisher : Princeton University Press
ISBN 13 : 0691183139
Total Pages : 174 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Failing in the Field by : Dean Karlan

Download or read book Failing in the Field written by Dean Karlan and published by Princeton University Press. This book was released on 2018-12-18 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revealing look at the common causes of failures in randomized control experiments during field reseach—and how to avoid them All across the social sciences, from development economics to political science, researchers are going into the field to collect data and learn about the world. Successful randomized controlled trials have brought about enormous gains, but less is learned when projects fail. In Failing in the Field, Dean Karlan and Jacob Appel examine the taboo subject of failure in field research so that researchers might avoid the same pitfalls in future work. Drawing on the experiences of top social scientists working in developing countries, this book describes five common categories of failures, reviews six case studies in detail, and concludes with reflections on best (and worst) practices for designing and running field projects, with an emphasis on randomized controlled trials. Failing in the Field is an invaluable “how-not-to” guide to conducting fieldwork and running randomized controlled trials in development settings.

Punishment in Popular Culture

Author : Austin Sarat
Publisher : NYU Press
ISBN 13 : 1479861952
Total Pages : 316 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Punishment in Popular Culture by : Austin Sarat

Download or read book Punishment in Popular Culture written by Austin Sarat and published by NYU Press. This book was released on 2015-06-05 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resource added for the Criminal Justice – Law Enforcement 105046 and Professional Studies 105045 programs.