Юриспруденция, право
Различные книги в жанре Юриспруденция, правоLegally Straight
Argues that cultural conceptions of children – and childhood – played a key role in legalizing gay marriage Legally Straight offers a critical reading of the legal debates over lesbian and gay marriage in the United States. The book draws on key judicial opinions to trace how our understanding of heterosexuality and marriage has changed. Upon closer inspection, it seemed that the cultural value of marriage was becoming tarnished and the trouble appeared to center on one very specific issue: reproduction. As opponents of lesbian and gay marriage emphasized the link between marriage and accidental pregnancy, the evidence mounted, the arguments proliferated, and resistance began to turn against itself. Heterosexuality, it seemed for a moment, was little more than a set of palliative prescriptions for the worst of human behavior, and children became the victims. It thus became the province of the courts to reinforce the cultural value of marriage by resisting what came to be known as the “procreation argument,” the assertion that marriage exists primarily to regulate the unruly aspects of heterosexual reproduction. Cultural conceptions of children and childhood were being put at risk as gays and lesbians were denied marriage, so that writing lesbian and gay families into the marriage law became the better option.
Exonerated
The fascinating story behind the innocence movement's quest for justice. [b][/b]Documentaries like Making a Murderer, the first season of Serial, and the cause célèbre that was the West Memphis Three captured the attention of millions and focused the national discussion on wrongful convictions. This interest is warranted: more than 1,800 people have been set free in recent decades after being convicted of crimes they did not commit. In response to these exonerations, federal and state governments have passed laws to prevent such injustices; lawyers and police have changed their practices; and advocacy organizations have multiplied across the country. Together, these activities are often referred to as the “innocence movement.” Exonerated provides the first in-depth look at the history of this movement through interviews with key leaders such as Barry Scheck and Rob Warden as well as archival and field research into the major cases that brought awareness to wrongful convictions in the United States. Robert Norris also examines how and why the innocence movement took hold. He argues that while the innocence movement did not begin as an organized campaign, scientific, legal, and cultural developments led to a widespread understanding that new technology and renewed investigative diligence could both catch the guilty and free the innocent. Exonerated reveals the rich background story to this complex movement.
Gender, Psychology, and Justice
Reveals how gender intersects with race, class, and sexual orientation in ways that impact the legal status and well-being of women and girls in the justice system. [b][/b]Women and girls’ contact with the justice system is often influenced by gender-related assumptions and stereotypes. The justice practices of the past 40 years have been largely based on conceptual principles and assumptions—including personal theories about gender—more than scientific evidence about what works to address the specific needs of women and girls in the justice system. Because of this, women and girls have limited access to equitable justice and are increasingly caught up in outdated and harmful practices, including the net of the criminal justice system. Gender, Psychology, and Justice uses psychological research to examine the experiences of women and girls involved in the justice system. Their experiences, from initial contact with justice and court officials, demonstrate how gender intersects with race, class, and sexual orientation to impact legal status and well-being. The volume also explains the role psychology can play in shaping legal policy, ranging from the areas of corrections to family court and drug court. Gender, Psychology, and Justice provides a critical analysis of girls’ and women’s experiences in the justice system. It reveals the practical implications of training and interventions grounded in psychological research, and suggests new principles for working with women and girls in legal settings.
Convicted and Condemned
Winner, W. E. B. DuBois Distinguished Book Award presented by the National Conference of Black Political Scientists Examines the lifelong consequences of a felony conviction through the compelling words of former prisoners [b][/b]Felony convictions restrict social interactions and hinder felons’ efforts to reintegrate into society. The educational and vocational training offered in many prisons are typically not recognized by accredited educational institutions as acceptable course work or by employers as valid work experience, making it difficult for recently-released prisoners to find jobs. Families often will not or cannot allow their formerly incarcerated relatives to live with them. In many states, those with felony convictions cannot receive financial aid for further education, vote in elections, receive welfare benefits, or live in public housing. In short, they are not treated as full citizens, and every year, hundreds of thousands of people released from prison are forced to live on the margins of society. Convicted and Condemned explores the issue of prisoner reentry from the felons’ perspective. It features the voices of formerly incarcerated felons as they attempt to reconnect with family, learn how to acclimate to society, try to secure housing, find a job, and complete a host of other important goals. By examining national housing, education and employment policies implemented at the state and local levels, Keesha Middlemass shows how the law challenges and undermines prisoner reentry and creates second-class citizens. Even if the criminal justice system never convicted another person of a felony, millions of women and men would still have to figure out how to reenter society, essentially on their own. A sobering account of the after-effects of mass incarceration, Convicted and Condemned is a powerful exploration of how individuals, and society as a whole, suffer when a felony conviction exacts a punishment that never ends.
Blaming Mothers
A gripping explanation of the biases that lead to the blaming of pregnant women and mothers. Are mothers truly a danger to their children’s health? In 2004, a mentally disabled young woman in Utah was charged by prosecutors with murder after she declined to have a Caesarian section and subsequently delivered a stillborn child. In 2010, a pregnant woman who attempted suicide when the baby’s father abandoned her was charged with murder and attempted feticide after the daughter she delivered prematurely died. These are just two of the many cases that portray mothers as the major source of health risk for their children. The American legal system is deeply shaped by unconscious risk perception that distorts core legal principles to punish mothers who “fail to protect” their children. In Blaming Mothers, Professor Fentiman explores how mothers became legal targets. She explains the psychological processes we use to confront tragic events and the unconscious race, class, and gender biases that affect our perceptions and influence the decisions of prosecutors, judges, and jurors. Fentiman examines legal actions taken against pregnant women in the name of “fetal protection” including court ordered C-sections and maintaining brain-dead pregnant women on life support to gestate a fetus, as well as charges brought against mothers who fail to protect their children from an abusive male partner. She considers the claims of physicians and policymakers that refusing to breastfeed is risky to children’s health. And she explores the legal treatment of lead-poisoned children, in which landlords and lead paint manufacturers are not held responsible for exposing children to high levels of lead, while mothers are blamed for their children’s injuries. Blaming Mothers is a powerful call to reexamine who – and what – we consider risky to children’s health. Fentiman offers an important framework for evaluating childhood risk that, rather than scapegoating mothers, provides concrete solutions that promote the health of all of America’s children.
Hacked
Inside the life of a hacker and cybercrime culture. Public discourse, from pop culture to political rhetoric, portrays hackers as deceptive, digital villains. But what do we actually know about them? In Hacked, Kevin F. Steinmetz explores what it means to be a hacker and the nuances of hacker culture. Through extensive interviews with hackers, observations of hacker communities, and analyses of hacker cultural products, Steinmetz demystifies the figure of the hacker and situates the practice of hacking within the larger political and economic structures of capitalism, crime, and control.This captivating book challenges many of the common narratives of hackers, suggesting that not all forms of hacking are criminal and, contrary to popular opinion, the broader hacker community actually plays a vital role in our information economy. Hacked thus explores how governments, corporations, and other institutions attempt to manage hacker culture through the creation of ideologies and laws that protect powerful economic interests. Not content to simply critique the situation, Steinmetz ends his work by providing actionable policy recommendations that aim to redirect the focus from the individual to corporations, governments, and broader social issues. A compelling study, Hacked helps us understand not just the figure of the hacker, but also digital crime and social control in our high-tech society.
Creativity without Law
Behind the scenes of the many artists and innovators flourishing beyond the bounds of intellectual property laws Intellectual property law, or IP law, is based on certain assumptions about creative behavior. The case for regulation assumes that creators have a fundamental legal right to prevent copying, and without this right they will under-invest in new work. But this premise fails to fully capture the reality of creative production. It ignores the range of powerful non-economic motivations that compel creativity, and it overlooks the capacity of creative industries for self-governance and innovative social and market responses to appropriation. This book reveals the on-the-ground practices of a range of creators and innovators. In doing so, it challenges intellectual property orthodoxy by showing that incentives for creative production often exist in the absence of, or in disregard for, formal legal protections. Instead, these communities rely on evolving social norms and market responses—sensitive to their particular cultural, competitive, and technological circumstances—to ensure creative incentives. From tattoo artists to medical researchers, Nigerian filmmakers to roller derby players, the communities illustrated in this book demonstrate that creativity can thrive without legal incentives, and perhaps more strikingly, that some creative communities prefer, and thrive, in environments defined by self-regulation rather than legal rules. Beyond their value as descriptions of specific industries and communities, the accounts collected here help to ground debates over IP policy in the empirical realities of the creative process. Their parallels and divergences also highlight the value of rules that are sensitive to the unique mix of conditions and motivations of particular industries and communities, rather than the monoculture of uniform regulation of the current IP system.
After Life Imprisonment
One out of every ten prisoners in the United States is serving a life sentence—roughly 130,000 people. While some have been sentenced to life in prison without parole, the majority of prisoners serving ‘life’ will be released back into society. But what becomes of those people who reenter the everyday world after serving life in prison? In After Life Imprisonment, Marieke Liem carefully examines the experiences of “lifers” upon release. Through interviews with over sixty homicide offenders sentenced to life but granted parole, Liem tracks those able to build a new life on the outside and those who were re-incarcerated. The interviews reveal prisoners’ reflections on being sentenced to life, as well as the challenges of employment, housing, and interpersonal relationships upon release. Liem explores the increase in handing out of life sentences, and specifically provides a basis for discussions of the goals, costs, and effects of long-term imprisonment, ultimately unpacking public policy and discourse surrounding long-term incarceration. A profound criminological examination, After Life Imprisonment reveals the untold, lived experiences of prisoners before and after their life sentences.
Stop and Frisk
Winner, 2019 Outstanding Book Award, given by the American Society of Criminology’s Division of Policing Section [/b][b] The first in-depth history and analysis of a much-abused policing policy No policing tactic has been more controversial than “stop and frisk,” whereby police officers stop, question and frisk ordinary citizens, who they may view as potential suspects, on the streets. As Michael White and Hank Fradella show in Stop and Frisk, the first authoritative history and analysis of this tactic, there is a disconnect between our everyday understanding and the historical and legal foundations for this policing strategy. First ruled constitutional in 1968, stop and frisk would go on to become a central tactic of modern day policing, particularly by the New York City Police Department. By 2011 the NYPD recorded 685,000 ‘stop-question-and-frisk’ interactions with citizens; yet, in 2013, a landmark decision ruled that the police had over- and mis-used this tactic. Stop and Frisk tells the story of how and why this happened, and offers ways that police departments can better serve their citizens. They also offer a convincing argument that stop and frisk did not contribute as greatly to the drop in New York’s crime rates as many proponents, like former NYPD Police Commissioner Ray Kelly and Mayor Michael Bloomberg, have argued. While much of the book focuses on the NYPD’s use of stop and frisk, examples are also shown from police departments around the country, including Philadelphia, Baltimore, Chicago, Newark and Detroit. White and Fradella argue that not only does stop and frisk have a legal place in 21st-century policing but also that it can be judiciously used to help deter crime in a way that respects the rights and needs of citizens. They also offer insight into the history of racial injustice that has all too often been a feature of American policing’s history and propose concrete strategies that every police department can follow to improve the way they police. A hard-hitting yet nuanced analysis, Stop and Frisk shows how the tactic can be a just act of policing and, in turn, shows how to police in the best interest of citizens.
From Deportation to Prison
Winner, 2017 Oliver Cromwell Cox Book Award A thorough and captivating exploration of how mass incarceration and law and order policies of the past forty years have transformed immigration and border enforcement Criminal prosecutions for immigration offenses have more than doubled over the last two decades, as national debates about immigration and criminal justice reforms became headline topics. What lies behind this unprecedented increase? From Deportation to Prison unpacks how the incarceration of over two million people in the United States gave impetus to a federal immigration initiative—The Criminal Alien Program (CAP)—designed to purge non-citizens from dangerously overcrowded jails and prisons. Drawing on over a decade of ethnographic and archival research, the findings in this book reveal how the Criminal Alien Program quietly set off a punitive turn in immigration enforcement that has fundamentally altered detention, deportation, and criminal prosecutions for immigration offenses. Patrisia Macías-Rojas presents a “street-level” perspective on how this new regime has serious lived implications for the day-to-day actions of Border Patrol agents, local law enforcement, civil and human rights advocates, and for migrants and residents of predominantly Latina/o border communities. Winner, 2017 Oliver Cromwell Cox Book Award A thorough and captivating exploration of how mass incarceration and law and order policies of the past forty years have transformed immigration and border enforcement Criminal prosecutions for immigration offenses have more than doubled over the last two decades, as national debates about immigration and criminal justice reforms became headline topics. What lies behind this unprecedented increase? From Deportation to Prison unpacks how the incarceration of over two million people in the United States gave impetus to a federal immigration initiative—The Criminal Alien Program (CAP)—designed to purge non-citizens from dangerously overcrowded jails and prisons. Drawing on over a decade of ethnographic and archival research, the findings in this book reveal how the Criminal Alien Program quietly set off a punitive turn in immigration enforcement that has fundamentally altered detention, deportation, and criminal prosecutions for immigration offenses. Patrisia Macías-Rojas presents a “street-level” perspective on how this new regime has serious lived implications for the day-to-day actions of Border Patrol agents, local law enforcement, civil and human rights advocates, and for migrants and residents of predominantly Latina/o border communities.