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American Bar Foundation research journal
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Year: 1987
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After the JD
Author: Ronit Dinovitzer, Bryant G. Garth, American Bar Foundation, NALP Foundation for Law Career Research and Education
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Pages: 96
Year: 2004
View: 257
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Annual Report
Author: American Bar Foundation
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Year: 1983
View: 922
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The Sit-Ins
Author: Christopher W. Schmidt
Publisher: University of Chicago Press
ISBN: 022652258X
Pages: 256
Year: 2018-03-13
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On February 1, 1960, four African American college students entered the Woolworth department store in Greensboro, North Carolina, and sat down at the lunch counter. This lunch counter, like most in the American South, refused to serve black customers. The four students remained in their seats until the store closed. In the following days, they returned, joined by growing numbers of fellow students. These “sit-in” demonstrations soon spread to other southern cities, drawing in thousands of students and coalescing into a protest movement that would transform the struggle for racial equality. The Sit-Ins tells the story of the student lunch counter protests and the national debate they sparked over the meaning of the constitutional right of all Americans to equal protection of the law. Christopher W. Schmidt describes how behind the now-iconic scenes of African American college students sitting in quiet defiance at “whites only” lunch counters lies a series of underappreciated legal dilemmas—about the meaning of the Constitution, the capacity of legal institutions to remedy different forms of injustice, and the relationship between legal reform and social change. The students’ actions initiated a national conversation over whether the Constitution’s equal protection clause extended to the activities of private businesses that served the general public. The courts, the traditional focal point for accounts of constitutional disputes, played an important but ultimately secondary role in this story. The great victory of the sit-in movement came not in the Supreme Court, but in Congress, with the passage of the Civil Rights Act of 1964, landmark legislation that recognized the right African American students had claimed for themselves four years earlier. The Sit-Ins invites a broader understanding of how Americans contest and construct the meaning of their Constitution.
Henry Ford's War on Jews and the Legal Battle Against Hate Speech
Author: Victoria Saker Woeste
Publisher: Stanford University Press
ISBN: 080478373X
Pages: 424
Year: 2012-06-27
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Henry Ford is remembered in American lore as the ultimate entrepreneur—the man who invented assembly-line manufacturing and made automobiles affordable. Largely forgotten is his side career as a publisher of antisemitic propaganda. This is the story of Ford's ownership of the Dearborn Independent, his involvement in the defamatory articles it ran, and the two Jewish lawyers, Aaron Sapiro and Louis Marshall, who each tried to stop Ford's war. In 1927, the case of Sapiro v. Ford transfixed the nation. In order to end the embarrassing litigation, Ford apologized for the one thing he would never have lost on in court: the offense of hate speech. Using never-before-discovered evidence from archives and private family collections, this study reveals the depth of Ford's involvement in every aspect of this case and explains why Jewish civil rights lawyers and religious leaders were deeply divided over how to handle Ford.
Assessing Constitutional Performance
Author: Tom Ginsburg, Aziz Huq
Publisher: Cambridge University Press
ISBN: 1316712575
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Year: 2016-08-30
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From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, and which apply across the board? Or, is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, empiricists and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of constitutional success play out differently in different contexts and provides examples of how success can be differently defined under different circumstances.
The Report of American Bar Foundation
Author: American Bar Foundation
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Year: 1990
View: 727
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Discipline & Punish
Author: Michel Foucault
Publisher: Vintage
ISBN: 0307819299
Pages: 352
Year: 2012-04-18
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In this brilliant work, the most influential philosopher since Sartre suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.
American Bar Foundation Research Reporter
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Year: 1976
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Wounded City
Author: Robert Vargas
Publisher: Oxford University Press
ISBN: 0190245913
Pages: 256
Year: 2016-04-06
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In 2009, Chicago spent millions of dollars to create programs to prevent gang violence in some of its most disadvantaged neighborhoods. Yet in spite of the programs, violence has grown worse in some of the very neighborhoods that the violence prevention programs were intented to help. While public officials and social scientists often attribute the violence - and the failure of the programs - to a lack of community in poor neighborhoods, closer study reveals another source of community division: local politics. Through an ethnographic case study of Chicago's Little Village neighborhood, Wounded City dispells the popular belief that a lack of community is the primary source of violence, arguing that competition for political power and state resources often undermine efforts to reduce gang violence. Robert Vargas argues that the state, through the way it governs, can contribute to distrust and division among community members, thereby undermining social cohesion. The strategic actions taken by police officers, politicians, nonprofit organizations, and gangs to collaborate or compete for power and resources can vary block by block, triggering violence on some blocks while successfully preventing it on others. A rich blend of urban politics, sociology, and criminology, Wounded City offers a cautionary tale for elected officials, state agencies, and community based organizations involved with poor neighborhoods.
Global Lawmakers
Author: Susan Block-Lieb, Terence C. Halliday
Publisher: Cambridge University Press
ISBN: 1107187583
Pages: 250
Year: 2017-10-31
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Global lawmaking by international organizations holds the potential for enormous influence over world trade and national economies. Representatives from states, industries, and professions produce laws for worldwide adoption in an effort to alter state lawmaking and commercial behaviors, whether of giant multi-national corporations or micro, small and medium-sized businesses. Who makes that law and who benefits affects all states and all market players. Global Lawmakers offers the first extensive empirical study of commercial lawmaking within the United Nations. It shows who makes law for the world, how they make it, and who comes out ahead. Using extensive and unique data, the book investigates three episodes of lawmaking between the late 1990s and 2012. Through its original socio-legal orientation, it reveals dynamics of competition, cooperation and competitive cooperation within and between international organizations, including the UN, World Bank, IMF and UNIDROIT, as these IOs craft international laws. Global Lawmakers proposes an original theory of international organizations that seek to construct transnational legal orders within social ecologies of lawmaking. The book concludes with an appraisal of creative global governance by the UN in international commerce over the past fifty years and examines prospective challenges for the twenty-first century.
Lawyers' Ideals/lawyers' Practices
Author: Robert L. Nelson
Publisher: Cornell University Press
ISBN: 0801497108
Pages: 295
Year: 1992
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The last two decades have brought unprecedented changes in the practice of law in America. Lawyers have been forced to evaluate self-consciously what they do and why. This collection of eight essays examines the relationship between these changes and the professional ideals of American lawyers. Each paper analyzes how lawyers' ideas about professionalism may help explain the behavior of practicing lawyers and may suggest directions for reform of the profession.
Criminal Defense in China
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ISBN: 1107162416
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The Process is the Punishment
Author: Malcolm M. Feeley
Publisher: Russell Sage Foundation
ISBN: 1610442016
Pages: 364
Year: 1979-10-03
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It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal "due process" is preferred by all of the court's participants, and especially by defendants. Moreover, he argues, "it is not all clear that as a group defendants would be better off in a more 'formal' court system," since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney's fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut's, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to "teach the defendant a lesson." In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more "just" than they are usually given credit for being. "... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies."— Barry Mahoney, Institute for Court Management, Denver "It is grounded in a firm grasp of theory as well as thorough field research."—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women."—Paul Wiles, Law & Society Review. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal
What's Fair
Author: Carrie Menkel-Meadow, Michael Wheeler
Publisher: John Wiley & Sons
ISBN: 0787973637
Pages: 640
Year: 2004-03-29
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What's Fair is a landmark collection that focuses exclusively on the crucial topic of ethics in negotiation. Edited by Carrie J. Menkel-Meadow and Michael Wheeler, What's Fair contains contributions from some of the best-known practitioners and scholars in the field including Roger Fisher, Howard Raiffa, and Deborah Kolb. The editors and distinguished contributors offer an examination of why ethics matter individually and socially, and explain the essential duties and values of negotiation beyond formal legal requirements. Throughout the book, these experts tackle difficult questions such as: What do we owe our counterparts (if anything) in the way of candor or disclosure? To what extent should we use financial or legal pressure to force settlement? Should we worry about whether an agreement is fair to all the parties, or the effects our negotiated agreements might have on others?