Юриспруденция, право
Различные книги в жанре Юриспруденция, правоSelling Sex Overseas
2013 Outstanding Book Award Winner from the Division of International Criminology, American Society of Criminology Every year, thousands of Chinese women travel to Asia and the United States in order to engage in commercial sex work. In Selling Sex Overseas, Ko-lin Chin and James Finckenauer challenge the current sex trafficking paradigm that considers all sex workers as victims, or sexual slaves, and as unwilling participants in the world of commercial sex. Bringing to life an on-the-ground portrait of this usually hidden world, Chin and Finckenauer provide a detailed look at all of its participants: sex workers, pimps, agents, mommies, escort agency owners, brothel owners, and drivers. Ultimately, they probe the social, economic, and political organization of prostitution and sex trafficking, contradicting many of the ‘moral crusaders’ of the human trafficking world.
Run for the Border
Mexico and the United States exist in a symbiotic relationship: Mexico frequently provides the United States with cheap labor, illegal goods, and, for criminal offenders, a refuge from the law. In turn, the U.S. offers Mexican laborers the American dream: the possibility of a better livelihood through hard work. To supply each other’s demands, Americans and Mexicans have to cross their shared border from both sides. Despite this relationship, U.S. immigration reform debates tend to be security-focused and center on the idea of menacing Mexicans heading north to steal abundant American resources. Further, Congress tends to approach reform unilaterally, without engaging with Mexico or other feeder countries, and, disturbingly, without acknowledging problematic southern crossings that Americans routinely make into Mexico. In Run for the Border, Steven W. Bender offers a framework for a more comprehensive border policy through a historical analysis of border crossings, both Mexico to U.S. and U.S. to Mexico. In contrast to recent reform proposals, this book urges reform as the product of negotiation and implementation by cross-border accord; reform that honors the shared economic and cultural legacy of the U.S. and Mexico. Covering everything from the history of Anglo crossings into Mexico to escape law authorities, to vice tourism and retirement in Mexico, to today’s focus on Mexican border-crossing immigrants and drug traffickers, Bender takes lessons from the past 150 years to argue for more explicit and compassionate cross-border cooperation. Steeped in several disciplines, Run for the Border is a blend of historical, cultural, and legal perspectives, as well as those from literature and cinema, that reflect Bender’s cultural background and legal expertise.
Reconstructing the Fourth Amendment
The modern law of search and seizure permits warrantless searches that ruin the citizenry's trust in law enforcement, harms minorities, and embraces an individualistic notion of the rights that it protects, ignoring essential roles that properly-conceived protections of privacy, mobility, and property play in uniting Americans. Many believe the Fourth Amendment is a poor bulwark against state tyrannies, particularly during the War on Terror. Historical amnesia has obscured the Fourth Amendment's positive aspects, and Andrew E. Taslitz rescues its forgotten history in Reconstructing the Fourth Amendment , which includes two novel arguments. First, that the original Fourth Amendment of 1791—born in political struggle between the English and the colonists—served important political functions, particularly in regulating expressive political violence. Second, that the Amendment’s meaning changed when the Fourteenth Amendment was created to give teeth to outlawing slavery, and its focus shifted from primary emphasis on individualistic privacy notions as central to a white democratic polis to enhanced protections for group privacy, individual mobility, and property in a multi-racial republic.With an understanding of the historical roots of the Fourth Amendment, suggests Taslitz, we can upend negative assumptions of modern search and seizure law, and create new institutional approaches that give political voice to citizens and safeguard against unnecessary humiliation and dehumanization at the hands of the police.
Rape and the Culture of the Courtroom
Rape law reform has been a stunning failure. Defense lawyers persist in emphasizing victims' characters over defendants' behavior. Reform's goals of increasing rape report and conviction rates have generally not been achieved. In Rape and the Culture of the Courtroom , Andrew Taslitz locates the cause of rape reform failure in the language lawyers use, and the cultural stories upon which they draw to dominate rape victims in the courtroom. Cultural stories about rape, Taslitz argues, such as the provocatively dressed woman «asking for it,» are at the root of many unconscious prejudices that determine jury views. He connects these stories with real-life examples, such as the Mike Tyson and Glen Ridge rape trials, to show how rape stereotypes are used by defense lawyers to gain acquittals for their clients. Building on Deborah Tannen's pathbreaking research on the differences between male and female speech, Taslitz also demonstrates how word choice, tone, and other lawyers' linguistic tactics work to undermine the confidence and the credibility of the victim, weakening her voice during the trial. Taslitz provides politically realistic reform proposals, consistent with feminist theories of justice, which promise to improve both the adversary system in general and the way that the system handles rape cases.
Race, Ethnicity, and Policing
From Rodney King and “driving while black” to claims of targeting of undocumented Latino immigrants, relationships surrounding race, ethnicity, and the police have faced great challenge. Race, Ethnicity, and Policing includes both classic pieces and original essays that provide the reader with a comprehensive, even-handed sense of the theoretical underpinnings, methodological challenges, and existing research necessary to understand the problems associated with racial and ethnic profiling and police bias. This path-breaking volume affords a holistic approach to the topic, guiding readers through the complexity of these issues, making clear the ecological and political contexts that surround them, and laying the groundwork for future discussions. The seminal and forward-thinking twenty-two essays clearly illustrate that equitable treatment of citizens across racial and ethnic groups by police is one of the most critical components of a successful democracy, and that it is only when agents of social control are viewed as efficient, effective, and legitimate that citizens will comply with the laws that govern their society. The book includes an introduction by Robin S. Engel and contributions from leading scholars including Jeffrey A. Fagan, James J. Fyfe, Bernard E. Harcourt, Delores Jones-Brown, Ramiro Martínez, Jr., Karen F. Parker, Alex R. Piquero, Tom R. Tyler, Jerome H. Skolnick, Ronald Weitzer, and many others.
Punishment, Prisons, and Patriarchy
Punishment, Prisons, and Patriarchy tells the story of how first-generation Americans coupled their legacy of liberty with a penal philosophy that promoted patriarchy, especially for marginal Americans. American patriots fought a revolution in the name of liberty. Their victory celebrations barely ended before leaders expressed fears that immigrants, African Americans, women, and the lower classes were prone to vice, disorder, and crime. This spurred a generation of penal reformers to promote successfully the most systematic institution ever devised for stripping people of liberty: the penitentiary.Today, Americans laud liberty but few citizens contest the legitimacy of federal, state, and local government authority to incarcerate 2 million people and subject another 4.7 million probationers and parolees to scrutiny, surveillance, and supervision. How did classical liberalism aid in the development of such expansive penal practices in the wake of the War of Independence?
Papa's Baby
When a child is conceived from sexual intercourse between a married, heterosexual couple, the child has a legal father and mother. Whatever may happen thereafter, the child’s parents are legally bound to provide for their child, and if they don’t, they’re held accountable by law. But what about children created by artificial insemination? When it comes to paternity, the law is full of gray areas, resulting in many cases where children have no legal fathers. In Papa’s Baby, Browne C. Lewis argues that the courts should take steps to insure that all children have at least two legal parents. Additionally, state legislatures should recognize that more than one class of fathers may exist and allocate paternal responsibility based, again, upon the best interest of the child. Lewis supplements her argument with concrete methods for dealing with different types of cases, including anonymous and non-anonymous sperm donors, married and unmarried women, and lesbian couples. In so doing, she first establishes different types of paternity, and then draws on these to create an expanded definition of paternity.
Our Bodies, Our Crimes
Winner of the 2010 Distinguished Book Award from the American Sociological Association; Sex and Gender Section The Real Issue behind the Abortion DebateAn op-ed by Jeanne Flavin in the San Francisco Chronicle 2009 Choice Outstanding Academic Title The intense policing of women’s reproductive capacity places women’s health and human rights in great peril. Poor women are pressured to undergo sterilization. Women addicted to illicit drugs risk arrest for carrying their pregnancies to term. Courts, child welfare, and law enforcement agencies fail to recognize the efforts of battered and incarcerated women to care for their children. Pregnant inmates are subject to inhumane practices such as shackling during labor and poor prenatal care. And decades after Roe , the criminalization of certain procedures and regulation of abortion providers still obstruct women’s access to safe and private abortions.In this important work, Jeanne Flavin looks beyond abortion to document how the law and the criminal justice system police women’s rights to conceive, to be pregnant, and to raise their children. Through vivid and disturbing case studies, Flavin shows how the state seeks to establish what a “good woman” and “fit mother” should look like and whose reproduction is valued. With a stirring conclusion that calls for broad-based measures that strengthen women’s economic position , choice-making, autonomy, sexual freedom, and health care, Our Bodies, Our Crimes is a battle cry for all women in their fight to be fully recognized as human beings. At its heart, this book is about the right of a woman to be a healthy and valued member of society independent of how or whether she reproduces.
Opening the Floodgates
Seeking to re-imagine the meaning and significance of the international border, Opening the Floodgates makes a case for eliminating the border as a legal construct that impedes the movement of people into this country.Open migration policies deserve fuller analysis, as evidenced by President Barack Obama’s pledge to make immigration reform a priority. Kevin R. Johnson offers an alternative vision of how U.S. borders might be reconfigured, grounded in moral, economic, and policy arguments for open borders. Importantly, liberalizing migration through an open borders policy would recognize that the enforcement of closed borders cannot stifle the strong, perhaps irresistible, economic, social, and political pressures that fuel international migration.Controversially, Johnson suggests that open borders are entirely consistent with efforts to prevent terrorism that have dominated immigration enforcement since the events of September 11, 2001. More liberal migration, he suggests, would allow for full attention to be paid to the true dangers to public safety and national security.