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Author: Mirjan R. Damaska Publisher: Yale University Press ISBN: 0300191286 Category : Law Languages : en Pages : 440
Book Description
A leading legal scholar provides a highly original comparative analysis of how justice is administered in legal systems around the world and of the profound and often puzzling changes taking place in civil and criminal procedure. Constructing a conceptual framework of the legal process based on the link between politics and justice, Mirjan R. Damaska provides a new perspective that enables disparate procedural features to emerge as fascinating recognizable patterns. His book is "a significant work of scholarship . . . full of important insights."—Harold J. Berman
Author: Mirjan R. Damaska Publisher: Yale University Press ISBN: 0300191286 Category : Law Languages : en Pages : 440
Book Description
A leading legal scholar provides a highly original comparative analysis of how justice is administered in legal systems around the world and of the profound and often puzzling changes taking place in civil and criminal procedure. Constructing a conceptual framework of the legal process based on the link between politics and justice, Mirjan R. Damaska provides a new perspective that enables disparate procedural features to emerge as fascinating recognizable patterns. His book is "a significant work of scholarship . . . full of important insights."—Harold J. Berman
Author: Steven P. Brown Publisher: University Alabama Press ISBN: 0817320709 Category : History Languages : en Pages : 277
Book Description
Winner of the Anne B. & James B. McMillan Prize in Southern History Examines the legacies of eight momentous US Supreme Court decisions that have their origins in Alabama legal disputes Unknown to many, Alabama has played a remarkable role in a number of Supreme Court rulings that continue to touch the lives of every American. In Alabama Justice: The Cases and Faces That Changed a Nation, Steven P. Brown has identified eight landmark cases that deal with religion, voting rights, libel, gender discrimination, and other issues, all originating from legal disputes in Alabama. Written in a concise and accessible manner, each case law chapter begins with the circumstances that created the dispute. Brown then provides historical and constitutional background for the issue followed by a review of the path of litigation. Excerpts from the Court's ruling in the case are also presented, along with a brief account of the aftermath and significance of the decision. The First Amendment (New York Times v. Sullivan), racial redistricting (Gomillion v. Lightfoot), the Equal Protection Clause of the Fourteenth Amendment (Frontiero v. Richardson), and prayer in public schools (Wallace v. Jaffree) are among the pivotal issues stamped indelibly by disputes with their origins in Alabama legal, political, and cultural landscapes. In addition to his analysis of cases, Brown discusses the three associate justices sent from Alabama to the Supreme Court--John McKinley, John Archibald Campbell, and Hugo Black--whose cumulative influence on the institution of the Court, constitutional interpretation, and the day-to-day rights and liberties enjoyed by every American is impossible to measure. A closing chapter examines the careers and contributions of these three Alabamians.
Author: Aziz Rana Publisher: Harvard University Press ISBN: 0674266552 Category : History Languages : en Pages : 428
Book Description
The Two Faces of American Freedom boldly reinterprets the American political tradition from the colonial period to modern times, placing issues of race relations, immigration, and presidentialism in the context of shifting notions of empire and citizenship. Today, while the U.S. enjoys tremendous military and economic power, citizens are increasingly insulated from everyday decision-making. This was not always the case. America, Aziz Rana argues, began as a settler society grounded in an ideal of freedom as the exercise of continuous self-rule—one that joined direct political participation with economic independence. However, this vision of freedom was politically bound to the subordination of marginalized groups, especially slaves, Native Americans, and women. These practices of liberty and exclusion were not separate currents, but rather two sides of the same coin. However, at crucial moments, social movements sought to imagine freedom without either subordination or empire. By the mid-twentieth century, these efforts failed, resulting in the rise of hierarchical state and corporate institutions. This new framework presented national and economic security as society’s guiding commitments and nurtured a continual extension of America’s global reach. Rana envisions a democratic society that revives settler ideals, but combines them with meaningful inclusion for those currently at the margins of American life.
Author: Jerry L. Mashaw Publisher: Yale University Press ISBN: 9780300034035 Category : Law Languages : en Pages : 260
Book Description
Anyone interested in 'good government' should read Jerry Mashaw's new book on how the social Security Administration implements congressionally mandated policy for controlled consistent distribution of disability benefits. . . . He offers an important perspective on bureaucracy that must be considered when devising procedures for not only disability determinations but also other forms of administrative adjudication.--Linda A. O'Hare, American Bar Association Journal A major contribution to the ongoing debate about administrative law and mass justice.--Lance Liebman and Richard B. Stewart, Harvard Law Review Profound implications for the future of democratic government. . . . Practical, analytical policymaking for a complex decision system of great significance to many Americans.--Paul R. Verkuil, Yale Law Journal An exceptionally valuable book for anyone who is concerned about the role of law in the administrative state. Mashaw manages to range broadly without becoming superficial, and to present a coherent and challenging theory in lively, readable prose. Bureaucratic Justice seems certain to become a standard reference work for administrative lawyers, and for anyone else who seeks the elusive goal of developing more humane and more effective public bureaucracies.--Barry Boyer, Michigan Law Review Strongly recommended for use in graduate seminars in public policy or law. . . . If we are to develop a positive model of bureaucratic competence, we must answer the insightful questions rased in this cogent book.--David L. Martin, American Political Science Review Mashaw provides an excellent analysis of middle range processes of decision making.--Gerald Turkel, Qualitative Sociology Stimulating and provocative and . . . makes a contribution to the ongoing dialogue about due process in public administration.... It is tightly organized, cogently argued, and full of pithy historical illustrations. . . . One of the best such works in many years. --Annals of the American Academy of Political and Social Science A thoughtful, challenging, and very useful book.--Choice Inspires a new direction in administrative law scholarship.--A.I. Ogus, Oxford Journal of Legal Studies
Author: Iris Marion Young Publisher: Princeton University Press ISBN: 0691152624 Category : Philosophy Languages : en Pages : 298
Book Description
"In this classic work of feminist political thought, Iris Marion Young challenges the prevailing reduction of social justice to distributive justice. The starting point for her critique is the experience and concerns of the new social movements that were created by marginal and excluded groups, including women, African Americans, and American Indians, as well as gays and lesbians. Young argues that by assuming a homogeneous public, democratic theorists fail to consider institutional arrangements for including people not culturally identified with white European male norms. Consequently, theorists do not adequately address the problems of an inclusive participatory framework. Basing her vision of the good society on the culturally plural networks of contemporary urban life, Young makes the case that normative theory and public policy should undermine group-based oppression by affirming rather than suppressing social group differences"--Provided by publisher.
Author: Mirjan R. Damaška Publisher: Berghahn Books ISBN: 9780300069372 Category : Law Languages : en Pages : 182
Book Description
In this important book, a distinguished legal scholar examines how the legal culture and institutions in Anglo-American countries affect the way in which evidence is gathered, sifted, and presented to the courts. Mirjan Damaska focuses on the significance of the divided tribunal (between judge and jury), the concentrated character of trials ("day-in-court" justice), and the prominent role of the parties in adjudication (the adversary system). Throughout he contrasts the Anglo-American system with civil law justice, where lay fact finders sit with professional judges in unified tribunals, proceedings are episodic rather than concentrated, and the parties have fewer responsibilities than in the common law tradition.
Author: Danielle F. Jung Publisher: Cambridge University Press ISBN: 1108888607 Category : Political Science Languages : en Pages : 95
Book Description
What are the social and political consequences of poor state governance and low state legitimacy? Under what conditions does lynching – lethal, extralegal group violence to punish offenses to the community – become an acceptable practice? We argue lynching emerges when neither the state nor its challengers have a monopoly over legitimate authority. When authority is contested or ambiguous, mass punishment for transgressions can emerge that is public, brutal, and requires broad participation. Using new cross-national data, we demonstrate lynching is a persistent problem in dozens of countries over the last four decades. Drawing on original survey and interview data from Haiti and South Africa, we show how lynching emerges and becomes accepted. Specifically, support for lynching most likely occurs in one of three conditions: when states fail to provide governance, when non-state actors provide social services, or when neighbors must rely on self-help.
Author: Mirjan R. Damaska
Author: Mirjan R. Damaska
Author: Mirjan R. Damaška
Author: Mirjan R. Damaška
Author: Steven P. Brown
Author: United States. Department of Justice
Author: Aziz Rana
Author: Jerry L. Mashaw
Author: Iris Marion Young
Author: Mirjan R. Damaška
Author: Danielle F. Jung