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Author: SpearIt Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This Article critiques the evolving standards of decency doctrine as a form of Social Darwinism. It argues that evolving standards of decency provided a system of review that was tailor-made for Civil Rights opponents to scale back racial progress. Although as a doctrinal matter, evolving standards sought to tie punishment practices to social mores, prison sentencing became subject to political agendas that determined the course of punishment more than the benevolence of a maturing society. Indeed, rather than the fierce competition that is supposed to guide social development, the criminal justice system was consciously deployed as a means of social control. This evolutionary model was thus betrayed by Court opinions that allowed states nearly unfettered authority over prison sentencing and use of solitary confinement, a self-fulfilling prophecy -- a deep irony in the expanded incarceration of poor, uneducated, minorities -- the very population that might be expected under an evolutionary frame. The Article urges the Supreme Court to abandon evolving standards as a flawed and pernicious concept, and simultaneously, accept the duty to reinterpret the Eighth Amendment for prison sentencing and solitary confinement. Looking forward, the Article advances a blueprint for employing research and science as a means of reimagining the scale of imprisonment. It challenges the Court to do something never done before in American penal history -- justify the length of prison sentences with more than just random and arbitrary figures. The Court has been trying to implement objective standards to guide punishment practices for decades, but has constantly fallen prey to its own subjective inclinations. This Article suggests that the objectivity the Court has been seeking all along is there for the taking, provided it abandons the sociological myth of “survival of the fittest” along with the idea that American society is ever-progressing in humane decency. The Court must move beyond its obsessive tinkering with the death penalty and focus on the realities of “doing time” in America.
Author: SpearIt Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This Article critiques the evolving standards of decency doctrine as a form of Social Darwinism. It argues that evolving standards of decency provided a system of review that was tailor-made for Civil Rights opponents to scale back racial progress. Although as a doctrinal matter, evolving standards sought to tie punishment practices to social mores, prison sentencing became subject to political agendas that determined the course of punishment more than the benevolence of a maturing society. Indeed, rather than the fierce competition that is supposed to guide social development, the criminal justice system was consciously deployed as a means of social control. This evolutionary model was thus betrayed by Court opinions that allowed states nearly unfettered authority over prison sentencing and use of solitary confinement, a self-fulfilling prophecy -- a deep irony in the expanded incarceration of poor, uneducated, minorities -- the very population that might be expected under an evolutionary frame. The Article urges the Supreme Court to abandon evolving standards as a flawed and pernicious concept, and simultaneously, accept the duty to reinterpret the Eighth Amendment for prison sentencing and solitary confinement. Looking forward, the Article advances a blueprint for employing research and science as a means of reimagining the scale of imprisonment. It challenges the Court to do something never done before in American penal history -- justify the length of prison sentences with more than just random and arbitrary figures. The Court has been trying to implement objective standards to guide punishment practices for decades, but has constantly fallen prey to its own subjective inclinations. This Article suggests that the objectivity the Court has been seeking all along is there for the taking, provided it abandons the sociological myth of “survival of the fittest” along with the idea that American society is ever-progressing in humane decency. The Court must move beyond its obsessive tinkering with the death penalty and focus on the realities of “doing time” in America.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
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.
Author: Robert Spalding Publisher: Penguin ISBN: 0593331044 Category : Political Science Languages : en Pages : 257
Book Description
In its fight for global dominance, Communist China has thrown out the old rules of war. China expert General Robert Spalding walks us through their new playbook. Many Americans are finally waking up to the alarming reality of China's stealth war on the United States and puzzling over how to push back against its insidious infiltration. What few realize is that we have one real advantage in this war: the Chinese Communist Party strategy for total war has been written out in Unrestricted Warfare, the Chinese book, well known there, that has become their new Art of War. In War Without Rules, retired Air Force Brigadier General Rob Spalding takes Americans inside Unrestricted Warfare. He walks readers through the principles of this book, revealing the Chinese belief that there is no sector of life outside the realm of war. He shows how the CCP itself has promised to use corporate espionage, global pandemics, and trade violations to achieve dominance. Most importantly, he provides insight into how, once Americans are aware of the tactics, we can fight back against CCP’s creeping influence. More than a vital read for those interested in China, War Without Rules is essential reading for anyone—from policymakers and diplomats to businessmen and investors—finally waking up to the stealth war. Knowledge is power, and it’s time to arm yourself.
Author: Howard E Aldrich Publisher: SAGE ISBN: 9781412910477 Category : Business & Economics Languages : en Pages : 348
Book Description
In this authoritative exploration of contemporary organisations and the ways they mirror their environment, Howard Aldrich and Martin Ruef chart the development of organisational forms, as well as assessing the impact on these of external innovations.
Author: G. William Domhoff Publisher: Touchstone ISBN: Category : History Languages : en Pages : 244
Book Description
The author is convinced that there is a ruling class in America today. He examines the American power structure as it has developed in the 1980s. He presents systematic, empirical evidence that a fixed group of privileged people dominates the American economy and government. The book demonstrates that an upper class comprising only one-half of one percent of the population occupies key positions within the corporate community. It shows how leaders within this "power elite" reach government and dominate it through processes of special-interest lobbying, policy planning and candidate selection. It is written not to promote any political ideology, but to analyze our society with accuracy.
Author: Stefan N. Grösser Publisher: Springer Science & Business Media ISBN: 3790828580 Category : Business & Economics Languages : en Pages : 288
Book Description
Mitigating climate change is one of the most profound challenges facing humankind. In industrialized countries, the residential housing sector produces roughly one-fourth of the greenhouse gas emissions. One solution to reduce these emissions is the availability of building codes that require high levels of energy efficiency. Given the current scientific knowledge, more research is needed to gain a proper systemic understanding of the underlying socio-economic and technical system. Such an understanding is crucial for developing high energy-efficiency standards because this system develops gradually over time and cannot be changed swiftly. This book creates a feedback-rich simulation model for analyzing the effects of different administrative policies on energy demand, the improvement of energy efficiency by means of building codes, and reductions in the greenhouse gas emissions. The dynamic model can contribute substantially to the discourse on energy policies and guide effective administrative interventions. The book will be a valuable resource for officials in the public energy administration, as well as researchers in the areas of innovation, diffusion processes, co-evolution, standardization, and simulation modelling.
Author: Jorge A. Colombo Publisher: Springer Nature ISBN: 3030974014 Category : Medical Languages : en Pages : 157
Book Description
This book approaches two behavioral domains involved with human nature and actions related to dominance, an ancient animal, survival-linked, behavioral drive anchored in basal neural brain circuits. These domains result in latent or manifest conflicts among components of human animal nature and cultural profiles. The first domain refers to evolutive animal behavioral inertias that affect the basic construction of our brain/mind and social behavioral spectrum, underneath cultural and political enclosures. The second domain is considered a consequence of the previous one and involves the concept that the basic animal behavioral drive of dominance interferes with the expression of a truly human, cooperative social construction, and fosters conflicts (based on profit or comparative advantage). This drive tints or conditions our behavior in all its expressions (parochial, social, political, financial, religious, cognitive development). It also fosters social detachment of elite minorities –financially powerful and drivers of human evolutionary trends– from general concerns and collective needs of legions of subdued populations. Additionally, the latter promotes Star Wars factual chimeras and expanding dominance/prevalence and power grip beyond earthbound objectives that promote spatial exploration and scientific objectives. The quest for knowledge is embedded in our behavioral construction but employed by opportunistic – political – strategies that seek dominance/prevalence. Basic, ancestral, animal drives, here focused on dominance, lie underneath our sociocultural expressions, and feed construction of survival, ideology, class prejudices, submissiveness, cooperativity, and technological development. On top of this basic drive, humans have construed additional relational levels (whether of cognitive or emotional nature) expressed as cultural constructions that provide means to attempt to approach a socially acceptable format and public support. Whenever these processes collide or collapse, individual and collective standings tend to generate social changes or individual or collective pathologies. This book should be an exciting read for all those enthusiasts of the human mind, behavior, and cultural evolution ranging from fields such as neuroscience and biology to political sciences and anthropology. Given the breadth of studies as well as the clear language used by the author, students will find this book as a resourceful material for the undergraduate and graduate studies.
Author: Patricia Hill Collins Publisher: Routledge ISBN: 1135960135 Category : Social Science Languages : en Pages : 353
Book Description
In spite of the double burden of racial and gender discrimination, African-American women have developed a rich intellectual tradition that is not widely known. In Black Feminist Thought, Patricia Hill Collins explores the words and ideas of Black feminist intellectuals as well as those African-American women outside academe. She provides an interpretive framework for the work of such prominent Black feminist thinkers as Angela Davis, bell hooks, Alice Walker, and Audre Lorde. The result is a superbly crafted book that provides the first synthetic overview of Black feminist thought.
Author: SpearIt
Author: SpearIt
Author: American Bar Association. House of Delegates
Author: Robert Spalding
Author: Howard E Aldrich
Author: G. William Domhoff
Author: Stefan N. Grösser
Author: 
Author: Amrit Subhadarsi
Author: Jorge A. Colombo
Author: Patricia Hill Collins