[PDF] Complex Justice eBook

Author : Joshua M. Dunn
Publisher : UNC Press Books
Page : 239 pages
File Size : 48,40 MB
Release : 2012-09-01
Category : Political Science
ISBN : 1469606607

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In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.

Author : Daniel S. Medwed
Publisher : NYU Press
Page : 240 pages
File Size : 36,70 MB
Release : 2013-11
Category : Law
ISBN : 1479893080

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American prosecutors are asked to play two roles within the criminal justice system: they are supposed to be ministers of justice whose only goals are to ensure fair trials—and they are also advocates of the government whose success rates are measured by how many convictions they get. Because of this second role, sometimes prosecutors suppress evidence in order to establish a defendant’s guilt and safeguard that conviction over time. In Prosecution Complex, Daniel S. Medwed shows how prosecutors are told to lock up criminals and protect the rights of defendants. This double role creates an institutional “prosecution complex” that animates how district attorneys’ offices treat potentially innocent defendants at all stages of the process—and that can cause prosecutors to aid in the conviction of the innocent. Ultimately, Prosecution Complex shows how, while most prosecutors aim to do justice, only some hit that target consistently.

Author : Mara Buchbinder
Publisher : UNC Press Books
Page : 351 pages
File Size : 15,44 MB
Release : 2016-09-19
Category : Medical
ISBN : 1469630362

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The need for informed analyses of health policy is now greater than ever. The twelve essays in this volume show that public debates routinely bypass complex ethical, sociocultural, historical, and political questions about how we should address ideals of justice and equality in health care. Integrating perspectives from the humanities, social sciences, medicine, and public health, this volume illuminates the relationships between justice and health inequalities to enrich debates. Understanding Health Inequalities and Justice explores three questions: How do scholars approach relations between health inequalities and ideals of justice? When do justice considerations inform solutions to health inequalities, and how do specific health inequalities affect perceptions of injustice? And how can diverse scholarly approaches contribute to better health policy? From addressing patient agency in an inequitable health care environment to examining how scholars of social justice and health care amass evidence, this volume promotes a richer understanding of health and justice and how to achieve both. The contributors are Judith C. Barker, Paula Braveman, Paul Brodwin, Jami Suki Chang, Debra DeBruin, Leslie A. Dubbin, Sarah Horton, Carla C. Keirns, J. Paul Kelleher, Nicholas B. King, Eva Feder Kittay, Joan Liaschenko, Anne Drapkin Lyerly, Mary Faith Marshall, Carolyn Moxley Rouse, Jennifer Prah Ruger, and Janet K. Shim.

Author : Mariame Kaba
Publisher : Haymarket Books
Page : 201 pages
File Size : 33,52 MB
Release : 2021-02-23
Category : Social Science
ISBN : 1642595268

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New York Times Bestseller “Organizing is both science and art. It is thinking through a vision, a strategy, and then figuring out who your targets are, always being concerned about power, always being concerned about how you’re going to actually build power in order to be able to push your issues, in order to be able to get the target to actually move in the way that you want to.” What if social transformation and liberation isn’t about waiting for someone else to come along and save us? What if ordinary people have the power to collectively free ourselves? In this timely collection of essays and interviews, Mariame Kaba reflects on the deep work of abolition and transformative political struggle. With a foreword by Naomi Murakawa and chapters on seeking justice beyond the punishment system, transforming how we deal with harm and accountability, and finding hope in collective struggle for abolition, Kaba’s work is deeply rooted in the relentless belief that we can fundamentally change the world. As Kaba writes, “Nothing that we do that is worthwhile is done alone.”

Author : Matthew C. Ingram
Publisher : University of Notre Dame Pess
Page : 463 pages
File Size : 17,72 MB
Release : 2019-05-15
Category : Political Science
ISBN : 0268102848

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Beyond High Courts: The Justice Complex in Latin America is a much-needed volume that will make a significant contribution to the growing fields of comparative law and politics and Latin American legal institutions. The book moves these research agendas beyond the study of high courts by offering theoretically and conceptually rich empirical analyses of a set of critical supranational, national, and subnational justice sector institutions that are generally neglected in the literature. The chapters examine the region’s large federal systems (Argentina, Brazil, and Mexico), courts in Chile and Venezuela, and the main supranational tribunal in the region, the Inter-American Court of Human Rights. Aimed at students of comparative legal institutions while simultaneously offering lessons for practitioners charged with designing such institutions, the volume advances our understanding of the design of justice institutions, how their form and function change over time, what causes those changes, and what consequences they have. The volume also pays close attention to how justice institutions function as a system, exploring institutional interactions across branches and among levels of government (subnational, national, supranational) and analyzing how they help to shape, and are shaped by, politics and law. Incorporating the institutions examined in the volume into the literature on comparative legal institutions deepens our understanding of justice systems and how their component institutions can both bolster and compromise democracy and the rule of law. Contributors: Matthew C. Ingram, Diana Kapiszewski, Azul A. Aguiar-Aguilar, Ernani Carvalho, Natália Leitão, Catalina Smulovitz, John Seth Alexander, Robert Nyenhuis, Sídia Maria Porto Lima, José Mário Wanderley Gomes Neto, Danilo Pacheco Fernandes, Louis Dantas de Andrade, Mary L. Volcansek, and Martin Shapiro.

Author : Rainer Forst
Publisher : Univ of California Press
Page : 359 pages
File Size : 42,3 MB
Release : 2002-02-27
Category : Law
ISBN : 0520232259

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This text offers an intervention into the debate between communitarianism and liberalism. It argues for a theory of "contexts of justice" that leads beyond the confines of the debate as it has been understood and posits the possibility of a new conception of social and political justice.

Author : Benjamin H. Barton
Publisher : Encounter Books
Page : 198 pages
File Size : 27,26 MB
Release : 2017-08-01
Category : Law
ISBN : 1594039348

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America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.

Author : Ralph Armbruster-Sandoval
Publisher : University of Arizona Press
Page : 325 pages
File Size : 10,37 MB
Release : 2017-03-21
Category : Education
ISBN : 0816532583

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Focusing on three hunger strikes occurring on university campuses in California in the 1990s, Ralph Armbruster-Sandoval examines people's willingness to make the extreme sacrifice and give their lives in order to create a more just society.

Author : Laurence Tribe
Publisher : Macmillan
Page : 416 pages
File Size : 18,20 MB
Release : 2014-06-03
Category : Law
ISBN : 0805099093

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An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.

Author : Andrew Choo
Publisher : A&C Black
Page : 233 pages
File Size : 34,47 MB
Release : 2014-07-18
Category : Law
ISBN : 178225322X

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The privilege against self-incrimination is often represented in the case law of England and Wales as a principle of fundamental importance in the law of criminal procedure and evidence. A logical implication of recognising a privilege against self-incrimination should be that a person is not compellable, on pain of a criminal sanction, to provide information that could reasonably lead to, or increase the likelihood of, her or his prosecution for a criminal offence. Yet there are statutory provisions in England and Wales making it a criminal offence not to provide particular information that, if provided, could be used in a subsequent prosecution of the person providing it. This book examines the operation of the privilege against self-incrimination in criminal proceedings in England and Wales, paying particular attention to the influence of the European Convention on Human Rights and the Human Rights Act 1998. Among the questions addressed are how the privilege might be justified, and whether its scope is clarified sufficiently in the relevant case law (does the privilege apply, for example, to pre-existing material?). Consideration is given where appropriate to the treatment of aspects of the privilege in Australia, Canada, India, New Zealand, the USA and elsewhere.