Юриспруденция, право
Различные книги в жанре Юриспруденция, правоAt Home in Two Countries
Read Peter's Op-ed on Trump's Immigration Ban in The New York Times The rise of dual citizenship could hardly have been imaginable to a time traveler from a hundred or even fifty years ago. Dual nationality was once considered an offense to nature, an abomination on the order of bigamy. It was the stuff of titanic battles between the United States and European sovereigns. As those conflicts dissipated, dual citizenship continued to be an oddity, a condition that, if not quite freakish, was nonetheless vaguely disreputable, a status one could hold but not advertise. Even today, some Americans mistakenly understand dual citizenship to somehow be “illegal”, when in fact it is completely tolerated. Only recently has the status largely shed the opprobrium to which it was once attached. At Home in Two Countries charts the history of dual citizenship from strong disfavor to general acceptance. The status has touched many; there are few Americans who do not have someone in their past or present who has held the status, if only unknowingly. The history reflects on the course of the state as an institution at the level of the individual. The state was once a jealous institution, justifiably demanding an exclusive relationship with its members. Today, the state lacks both the capacity and the incentive to suppress the status as citizenship becomes more like other forms of membership. Dual citizenship allows many to formalize sentimental attachments. For others, it’s a new way to game the international system. This book explains why dual citizenship was once so reviled, why it is a fact of life after globalization, and why it should be embraced today.
Progressive Punishment
Winner, 2017 American Society of Criminology's Division on Critical Criminology and Social Justice Best Book Award The growth of mass incarceration in the United States eludes neat categorization as a product of the political Right. Liberals played important roles in both laying the foundation for and then participating in the conservative tough on crime movement that is largely credited with the rise of the prison state. But what of those politicians and activists on the Left who reject punitive politics in favor of rehabilitation and a stronger welfare state? Can progressive policies such as these, with their benevolent intentions, nevertheless contribute to the expansion of mass incarceration? In Progressive Punishment, Judah Schept offers an ethnographic examination into the politics of incarceration in Bloomington, Indiana in order to consider the ways that liberal discourses about therapeutic justice and rehabilitation can uphold the logics, practices and institutions that comprise the carceral state. Schept examines how political leaders on the Left, despite being critical of mass incarceration, advocated for a “justice campus” that would have dramatically expanded the local criminal justice system. At the root of this proposal, Schept argues, is a confluence of neoliberal-style changes in the community that naturalized prison expansion as political common sense among leaders negotiating crises of deindustrialization, urban decline, and the devolution of social welfare. In spite of the momentum that the proposal gained, Schept uncovers resistance among community organizers, who developed important strategies and discourses to challenge the justice campus, disrupt some of the logics that provided it legitimacy, and offer new possibilities for a non-carceral community. A well-researched and well-narrated study, Progressive Punishment offers a novel perspective on the relationship between liberal politics, neoliberalism, and mass incarceration. Winner, 2017 American Society of Criminology's Division on Critical Criminology and Social Justice Best Book Award The growth of mass incarceration in the United States eludes neat categorization as a product of the political Right. Liberals played important roles in both laying the foundation for and then participating in the conservative tough on crime movement that is largely credited with the rise of the prison state. But what of those politicians and activists on the Left who reject punitive politics in favor of rehabilitation and a stronger welfare state? Can progressive policies such as these, with their benevolent intentions, nevertheless contribute to the expansion of mass incarceration? In Progressive Punishment, Judah Schept offers an ethnographic examination into the politics of incarceration in Bloomington, Indiana in order to consider the ways that liberal discourses about therapeutic justice and rehabilitation can uphold the logics, practices and institutions that comprise the carceral state. Schept examines how political leaders on the Left, despite being critical of mass incarceration, advocated for a “justice campus” that would have dramatically expanded the local criminal justice system. At the root of this proposal, Schept argues, is a confluence of neoliberal-style changes in the community that naturalized prison expansion as political common sense among leaders negotiating crises of deindustrialization, urban decline, and the devolution of social welfare. In spite of the momentum that the proposal gained, Schept uncovers resistance among community organizers, who developed important strategies and discourses to challenge the justice campus, disrupt some of the logics that provided it legitimacy, and offer new possibilities for a non-carceral community. A well-researched and well-narrated study, Progressive Punishment offers a novel perspective on the relationship between liberal politics, neoliberalism, and mass incarceration.
The New Deportations Delirium
Since 1996, when the deportation laws were hardened, millions of migrants to the U.S., including many long-term legal permanent residents with “green cards,” have experienced summary arrest, incarceration without bail, transfer to remote detention facilities, and deportation without counsel—a life-time banishment from what is, in many cases, the only country they have ever known. U.S.-based families and communities face the loss of a worker, neighbor, spouse, parent, or child. Many of the deported are “sentenced home” to a country which they only knew as an infant, whose language they do not speak, or where a family lives in extreme poverty or indebtedness for not yet being able to pay the costs of their previous migration. But what does this actually look like and what are the systems and processes and who are the people who are enforcing deportation policies and practices? The New Deportations Delirium responds to these questions. Taken as a whole, the volume raises consciousness about the complexities of the issues and argues for the interdisciplinary dialogue and response. Over the course of the book, deportation policy is debated by lawyers, judges, social workers, researchers, and clinical and community psychologists as well as educators, researchers, and community activists. The New Deportations Delirium presents a fresh conversation and urges a holistic response to the complex realities facing not only migrants but also the wider U.S. society in which they have sought a better life.
Women Doing Life
The carceral experiences of women serving life sentences. 2017 Michigan Notable Book Selection presented by The Detroit Free Press How do women – mothers, daughters, aunts, nieces and grandmothers – make sense of judgment to a lifetime behind bars? In Women Doing Life, Lora Bex Lempert presents a typology of the ways that life-sentenced women grow and self-actualize, resist prison definitions, reflect on and “own” their criminal acts, and ultimately create meaningful lives behind prison walls. Looking beyond the explosive headlines that often characterize these women as monsters, Lempert offers rare insight into this vulnerable, little studied population. Her gendered analysis considers the ways that women “do crime” differently than men and how they have qualitatively different experiences of imprisonment than their male counterparts. Through in-depth interviews with 72 women serving life sentences in Michigan, Lempert brings these women back into the public arena, drawing analytical attention to their complicated, contradictory, and yet compelling lives. Women Doing Life focuses particular attention on how women cope with their no-exit sentences and explores how their lifetime imprisonment catalyzes personal reflection, accountability for choices, reconstruction of their stigmatized identities, and rebuilding of social bonds. Most of the women in her study reported childhoods in environments where violence and disorder were common; many were victims before they were offenders. Lempert vividly illustrates how, behind the prison gates, life-serving women can develop lives that are meaningful, capable and, oftentimes, even ordinary. Women Doing Life shows both the scope and the limit of human possibility available to women incarcerated for life.
Children, Sexuality, and the Law
American political and legal culture is uncomfortable with children's sexuality. While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex ways in which it interacts with children and sexuality. Just as the law circumscribes children to a narrow range of roles—either as entirely sexless beings or victims or objects of harmful adult sexual conduct—so too does society tend to discount the notion of children as agents in the domain of sex and sexuality. Where a small body of rights related to sex has been carved out, the central question has been the degree to which children resemble adults, not necessarily whether minors themselves possess distinct and recognized rights related to sex, sexual expression, and sexuality. Children, Sexuality, and the Law reflects on some of the unique challenges that accompany children in the broader context of sex, exploring from diverse perspectives the ways in which children emerge in sexually related dimensions of law and contemporary life. It explores a broad range of issues, from the psychology of children as sexual beings to the legal treatment of adolescent consent. This work also explores whether and when children have a right to expression as understood within the First Amendment. The first volume of its kind, Children, Sexuality, and the Law goes beyond the traditional discourse of children as victims of adult sexual deviance by highlighting children as agents and rights holders in the realm of sex, sexuality, and sexual orientation.
Divorced from Reality
Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts attempt to resolve both legal and non-legal issues. At the same time, American families have changed dramatically. Divorce rates have leveled off and begun to drop, while the number of children born and raised outside of marriage has increased sharply. Fathers are more likely to seek an active role in their children’s lives. While this enhanced paternal involvement benefits children, it also increases the likelihood of disputes between parents. As a result, the families who seek legal dispute resolution have become more diverse and their legal situations more complex. In Divorced from Reality, Jane C. Murphy and Jana B. Singer argue that the current «problem solving» model fails to address the realities of today's families. The authors suggest that while today’s dispute resolution regime may represent an improvement over its more adversary predecessor, it is built largely around the model of a divorcing nuclear family with lawyers representing all parties—a model that fits poorly with the realities of today's disputing families. To serve the families it is meant to help, the legal system must adapt and reshape itself.
The Twilight of Social Conservatism
Despite many Americans’ triumphant proclamations that Barack Obama’s 2008 and 2012 elections signified a post-partisan, post-racial society, it seems that the United States is more divided than ever. From the rise of the Tea Party, to strident anti-immigration and anti-welfare movements, to the so-called “war on women”, the United States on its surface appears to be caught in the turmoil of a culture war that has not relented since the Reagan era. But, as John Dombrink writes in The Twilight of Social Conservatism, the conservative backlash seen during Obama’s presidency is indicative not of a rising social conservative force in society, but of a waning one. Drawing on demographic research, political polls, contemporary media, and internet commentary, Dombrink demonstrates that the vitality of major social conservative ideas from the culture war era has faded. Support for once-divisive wedge issues, like same-sex marriage and reproductive rights, has increased dramatically, and Americans, particularly young Americans, are less religious and more libertarian than ever before. As he traces the end of the culture wars and the “unwedging” of American politics over the last eight years, Dombrink is quick to caution that social conservatism has not disappeared entirely from view. Nevertheless, the once-prominent “Moral Majority” pushing for dominance in American culture is now reconsidering itself as a minority, and Dombrink argues that it is unlikely that social conservative forces will ever regain the power and potency they once held in American politics. A comprehensive and insightful work, The Twilight of Social Conservatism deftly analyzes the liberalizing trends that created the social and political culture America has today and that portend to the culture America will have in years to come.
The Chinese Heroin Trade
In a country long associated with the trade in opiates, the Chinese government has for decades applied extreme measures to curtail the spread of illicit drugs, only to find that the problem has worsened. Burma is blamed as the major producer of illicit drugs and conduit for the entry of drugs into China. Which organizations are behind the heroin trade? What problems and prospects of drug control in the so-called “Golden Triangle” drug-trafficking region are faced by Chinese and Southeast Asian authorities? In The Chinese Heroin Trade, noted criminologists Ko-Lin Chin and Sheldon Zhangexamine the social organization of the trafficking of heroin from the Golden Triangle to China and the wholesale and retail distribution of the drug in China. Based on face-to-face interviews with hundreds of incarcerated drug traffickers, street-level drug dealers, users, and authorities, paired with extensive fieldwork in the border areas of Burma and China and several major urban centers in China and Southeast Asia, this volume reveals how the drug trade has evolved in the Golden Triangle since the late 1980s. Chin and Zhang also explore the marked characteristics of heroin traffickers; the relationship between drug use and sales in China; and how China compares to other international drug markets. The Chinese Heroin Trade is a fascinating, nuanced account of the world of high-risk drug trafficking in a tightly-controlled society.
Would You Convict?
A police trooper inspects a car during a routine traffic stop and finds a vast cache of weapons, complete with automatic rifles, thousands of rounds of ammunition, and black ski masks-a veritable bank robber's kit. Should the men in the car be charged? If so, with what? A son neglects to care for his elderly mother, whose emaciated form is discovered shortly before she dies a painful death. Is the son's neglect punishable, and if so how? A career con man writes one bad check too many and is sentenced to life in prison-for a check in the amount of $129.75. Is this just? A thief steals a backpack, only to find it contains a terrorist bomb. He alerts the police and saves lives, transforming himself from petty criminal to national hero. These are just a few of the many provocative cases that Paul Robinson presents and unravels in Would You Convict? Judging crimes and meting out punishment has long been an informal national pasttime. High-profile crimes or particularly brutal ones invariably prompt endless debate, in newspapers, on television, in coffee shops, and on front porches. Our very nature inclines us to be armchair judges, freely waving our metaphorical gavels and opining as to the innocence or guilt-and suitable punishment-of alleged criminals. Confronting this impulse, Paul Robinson here presents a series of unusual episodes that not only challenged the law, but that defy a facile or knee-jerk verdict. Narrating the facts in compelling, but detached detail, Robinson invites readers to sentence the transgressor (or not), before revealing the final outcome of the case. The cases described in Would You Convict? engage, shock, even repel. Without a doubt, they will challenge you and your belief system. And the way in which juries and judges have resolved them will almost certainly surprise you.
Why Jury Duty Matters
It’s easy to forget how important the jury really is to America. The right to be a juror is one of the fundamental rights guaranteed to all eligible citizens. The right to trial by jury helped spark the American Revolution, was quickly adopted at the Constitutional Convention, and is the only right that appears in both the Constitution and the Bill of Rights. But for most of us, a jury summons is an unwelcome inconvenience. Who has time for jury duty? We have things to do. In Why Jury Duty Matters, Andrew Guthrie Ferguson reminds us that whether we like it or not, we are all constitutional actors. Jury duty provides an opportunity to reflect on that constitutional responsibility. Combining American history, constitutional law, and personal experience, the book engages citizens in the deeper meaning of jury service. Interweaving constitutional principles into the actual jury experience, this book is a handbook for those Americans who want to enrich the jury experience. It seeks to reconnect ordinary citizens to the constitutional character of a nation by focusing on the important, and largely ignored, democratic lessons of the jury. Jury duty is a shared American tradition. It connects people across class and race, creates habits of focus and purpose, and teaches values of participation, equality, and deliberation. We know that juries are important for courts, but we don’t know that jury service is important for democracy. This book inspires us to re-examine the jury experience and act on the constitutional principles that guide our country before, during, and after jury service.