Rape and the Culture of the Courtroom

Author: Andrew E. Taslitz

Publisher: NYU Press

ISBN: 9780814782293

Category: Law

Page: 210

View: 7005

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.
Posted in Law

Murder and the Reasonable Man

Passion and Fear in the Criminal Courtroom

Author: Cynthia Lee

Publisher: NYU Press

ISBN: 0814765149

Category: Law

Page: 371

View: 3514

A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a massage; a third man, white, goes for a jog in a “bad” neighborhood, carrying a pistol, and shoots an African American teenager who had his hands in his pockets. When brought before the criminal justice system, all three men argue that they should be found “not guilty”; the first two use the defense of provocation, while the third argues he used his gun in self-defense. Drawing upon these and similar cases, Cynthia Lee shows how two well-established, traditional criminal law defenses—the doctrines of provocation and self-defense—enable majority-culture defendants to justify their acts of violence. While the reasonableness requirement, inherent in both defenses, is designed to allow community input and provide greater flexibility in legal decision-making, the requirement also allows majority-culture defendants to rely on dominant social norms, such as masculinity, heterosexuality, and race (i.e., racial stereotypes), to bolster their claims of reasonableness. At the same time, Lee examines other cases that demonstrate that the reasonableness requirement tends to exclude the perspectives of minorities, such as heterosexual women, gays and lesbians, and persons of color. Murder and the Reasonable Man not only shows how largely invisible social norms and beliefs influence the outcomes of certain criminal cases, but goes further, suggesting three tentative legal reforms to address problems of bias and undue leniency. Ultimately, Lee cautions that the true solution lies in a change in social attitudes.
Posted in Law

The Secret Barrister

Stories of the Law and How It's Broken

Author: The Secret Barrister

Publisher: N.A

ISBN: 9781509841141

Category:

Page: 320

View: 8311

THE SUNDAY TIMES BESTSELLER'Eye-opening, damning and hilarious' Tim Shipman, author of All Out War and Fall Out"I'm a barrister, a job which requires the skills of a social worker, relationship counsellor, arm-twister, hostage negotiator, named driver, bus fare-provider, accountant, suicide watchman, coffee-supplier, surrogate parent and, on one memorable occasion, whatever the official term is for someone tasked with breaking the news to a prisoner that his girlfriend has been diagnosed with gonorrhoea."Welcome to the world of the Secret Barrister. These are the stories of life inside the courtroom. They are sometimes funny, often moving and ultimately life-changing.How can you defend a child-abuser you suspect to be guilty? What do you say to someone sentenced to ten years who you believe to be innocent? What is the law and why do we need it? And why do they wear those stupid wigs?From the criminals to the lawyers, the victims, witnesses and officers of the law, here is the best and worst of humanity, all struggling within a broken system which would never be off the front pages if the public knew what it was really like. Both a searing first-hand account of the human cost of the criminal justice system, and a guide to how we got into this mess, The Secret Barrister wants to show you what it's really like and why it really matters.
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Lawyers' Ethics and the Pursuit of Social Justice

A Critical Reader

Author: Susan D. Carle

Publisher: NYU Press

ISBN: 9780814716397

Category: Law

Page: 425

View: 7225

Susan D. Carle centers this collection of texts on the premise that legal ethics should be far more than a set of rules on professional responsibility.
Posted in Law

Reconstructing the Fourth Amendment

A History of Search and Seizure, 1789-1868

Author: Andrew E. Taslitz

Publisher: NYU Press

ISBN: 9780814783153

Category: Law

Page: 363

View: 3683

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.
Posted in Law

Saving Our Children from the First Amendment

Author: Kevin W. Saunders

Publisher: NYU Press

ISBN: 0814786936

Category: Law

Page: 307

View: 4203

The First Amendment is vital to our political system, our cultural institutions, and our routine social interactions with others. In this provocative book, Kevin Saunders asserts that freedom of expression can be very harmful to our children, making it more likely that they will be the perpetrators or victims of violence, will grow up as racists, or will use alcohol or tobacco. Saving Our Children from the First Amendment examines both the value and cost of free expression in America, demonstrating how an unregulated flow of information can be detrimental to youth. While the great value of the First Amendment is found in its protection of our most important political freedoms, this is far more significant for adults, who can fully grasp and benefit from the freedom of expression, than for children. Constitutional prohibitions on distributing sexual materials to children, Saunders proposes, should be expanded to include violent, vulgar, or profane materials, as well as music that contains hate speech. Saunders offers an insightful meditation on the problem of protecting our children from the negative effects of freedom of expression without curtailing First Amendment rights for adults.
Posted in Law

America's Colony

The Political and Cultural Conflict Between the United States and Puerto Rico

Author: Pedro A Malavet

Publisher: NYU Press

ISBN: 0814756808

Category: History

Page: 242

View: 8375

Everyone eats, but rarely do we ask why or investigate why we eat what we eat. Why do we love spices, sweets, coffee? How did rice become such a staple food throughout so much of eastern Asia? Everyone Eats examines the social and cultural reasons for our food choices and provides an explanation of the nutritional reasons for why humans eat, resulting in a unique cultural and biological approach to the topic. E. N. Anderson explains the economics of food in the globalization era, food's relationship to religion, medicine, and ethnicity as well as offers suggestions on how to end hunger, starvation, and malnutrition. Everyone Eats feeds our need to understand human ecology by explaining the ways that cultures and political systems structure the edible environment.
Posted in History

Discrimination by Default

How Racism Becomes Routine

Author: Lu-in Wang

Publisher: NYU Press

ISBN: 0814795064

Category: Law

Page: 187

View: 5971

Much as we “select” computer settings by default—reflexively, without thinking, and sometimes without realizing there are other options—we often discriminate by default as well. And just as default computer settings tend to become locked in or entrenched as the standard, discrimination by default creates a situation in which disparate outcomes are expected, accepted, and taken for granted. The killing of Amadou Diallo, racial disparities in medical care, the dominance of Whites and men in certain professions, and even the uneven media attention paid to crimes depending on their victims’ race and class, all might be cases of discrimination by, or as, default. Wang contends that, today, most discrimination occurs by default and not design, making legal prohibitions that focus on those who discriminate out of ill will inadequate to redress the largest share of modern discrimination. She draws on social psychology to detail three ways in which unconscious assumptions can lead to discrimination, showing how they play out in a range of everyday settings. Wang then demonstrates how these dynamics interact in medical care to produce an invisible, self-fulfilling, and self-perpetuating prophecy of racial disparity. She goes on to suggest ways in which institutions and individuals might recognize, interrupt, and override the discriminatory default.
Posted in Law

An American Marriage

Author: Tayari Jones

Publisher: Oneworld Publications

ISBN: 1786075172

Category: Fiction

Page: N.A

View: 3353

A NEW YORK TIMES BESTSELLER OPRAH’S BOOK CLUB 2018 SELECTION ‘Haunting... Beautifully written.’ The New York Times Book Review ‘Compelling.’ The Washington Post ‘Epic... Transcendent... Triumphant.’ Elle ‘It’s among Tayari’s many gifts that she can touch us soul to soul with her words.’ Oprah Winfrey ‘[Tayari Jones’] vision, strength, and truth-telling voice have found a new level of artistry and power.’ Michael Chabon, author of The Amazing Adventures of Kavalier & Clay Newlyweds Celestial and Roy are the embodiment of both the American Dream and the New South. He is a young executive, and she is an artist on the brink of an exciting career. But as they settle into the routine of their life together, they are ripped apart by circumstances neither could have imagined. Roy is arrested and sentenced to twelve years for a crime Celestial knows he didn’t commit. Though fiercely independent, Celestial finds herself bereft and unmoored, taking comfort in Andre, her childhood friend, and best man at their wedding. As Roy’s time in prison passes, she is unable to hold on to the love that has been her centre. After five years, Roy’s conviction is suddenly overturned, and he returns to Atlanta ready to resume their life together. This stirring love story is a profoundly insightful look into the hearts and minds of three people who are at once bound and separated by forces beyond their control. An American Marriage is a masterpiece of storytelling, an intimate look deep into the souls of people who must reckon with the past while moving forward – with hope and pain – into the future.
Posted in Fiction

How the Left Can Win Arguments and Influence People

A Tactical Manual for Pragmatic Progressives

Author: John K. Wilson

Publisher: NYU Press

ISBN: 0814795145

Category: Political Science

Page: 288

View: 8450

If we were to rely on what the pundits and politicians tell us, we would have to conclude that America is a deeply conservative nation. Americans, we hear constantly, detest government, demand lower taxes and the end of welfare, and favor the death penalty, prayer in school, and an absolute faith in the free market. And yet Americans believe deeply in progressive ideas. In fact, progressivism has long been a powerful force in the American psyche. Consider that a mere generation ago the struggle for environmentally sound policies, for women's rights, and for racial equality were fringe movements. Today, open opposition to these core ideals would be political suicide. Drawing on this wellspring of American progressivist tradition, John K. Wilson has penned an informal handbook for the pragmatic progressive. Wilson insists that the left must become more savvy in its rhetoric and stop preaching only to the converted. Progressives need to attack the tangible realities of the corporate welfare state, while explicitly acknowledging that "socialism is," as Wilson writes, "deader than Lenin." Rather than attacking a "right-wing conspiracy," Wilson argues that the left needs one, too. Tracing how well-funded conservative pressure groups have wielded their influence and transformed the national agenda, Wilson outlines a similar approach for the left. Along the way, he exposes the faultlines of our poll- and money-driven form of politics, explodes the myth of "the liberal media," and demands that the left explicitly change its image. Irreverent, practical, and urgently argued, How The Left Can Win Arguments and Influence People charts a way to translate progressive ideals into reality and reassert the core principles of the American left on the national stage.
Posted in Political Science

Thurgood Marshall

American Revolutionary

Author: Juan Williams

Publisher: Three Rivers Press

ISBN: 0307786129

Category: Biography & Autobiography

Page: 504

View: 5386

This New York Times Notable Book of the Year, 1998, is now in trade paper. From the bestselling author of Eyes on the Prize, here is the definitive biography of the great lawyer and Supreme Court justice. From the Trade Paperback edition.
Posted in Biography & Autobiography

Victims in the War on Crime

The Use and Abuse of Victims' Rights

Author: Markus Dirk Dubber

Publisher: NYU Press

ISBN: 0814771416

Category: Law

Page: 399

View: 7678

Two phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has replaced rehabilitation as the dominant ideology of punishment, reflecting a shift from an identification with defendants to an identification with victims, the war on crime has victimized offenders and victims alike. What we need instead, Dubber argues, is a system which adequately recognizes both victims and defendants as persons. Victims in the War on Crime is the first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime. After first offering an original critique of the American penal system in the age of the crime war, Dubber undertakes an incisive comparative reading of American criminal law and the law of crime victim compensation, culminating in a wide-ranging revision that takes victims seriously, and offenders as well. Dubber here salvages the project of vindicating victims' rights for its own sake, rather than as a weapon in the war against criminals. Uncovering the legitimate core of the victims' rights movement from underneath existing layers of bellicose rhetoric, he demonstrates how victims' rights can help us build a system of American criminal justice after the frenzy of the war on crime has died down.
Posted in Law

Why Lawsuits are Good for America

Disciplined Democracy, Big Business, and the Common Law

Author: Carl T. Bogus

Publisher: NYU Press

ISBN: 0814737943

Category: Law

Page: 265

View: 2433

Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald’s because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless. Carl T. Bogus is not so sure. In Why Lawsuits Are Good for America, Bogus argues that common law works far better than commonly understood. Indeed, Bogus contends that while the system can and occasionally does produce “wrong” results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and colorful case studies, Bogus explains why the common law, rather than being outdated, may be more necessary than ever. As Bogus sees it, the common law is an essential adjunct to governmental regulation—essential, in part, because it is not as easily manipulated by big business. Meanwhile, big business has launched an all out war on the common law. “Tort reform”—measures designed to make more difficult for individuals to sue corporations—one of the ten proposals in the Republican Contract With America, and George W. Bush’s first major initiative as Governor of Texas. And much of what we have come to believe about the system comes from a coordinated propaganda effort by big business and its allies. Bogus makes a compelling case for the necessity of safeguarding the system from current assaults. Why Lawsuits Are Good for America provides broad historical overviews of the development of American common law, torts, products liability, as well as fresh and provocative arguments about the role of the system of “disciplined democracy” in the twenty-first century.
Posted in Law

Michigan Law Review

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 1040

Posted in Law

The Fountainhead

Author: Ayn Rand

Publisher: Penguin Canada

ISBN: 0143194623

Category: Fiction

Page: 752

View: 2001

When The Fountainhead was first published, Ayn Rand's daringly original literary vision and her groundbreaking philosophy, Objectivism, won immediate worldwide interest and acclaim. This instant classic is the story of an intransigent young architect, his violent battle against conventional standards, and his explosive love affair with a beautiful woman who struggles to defeat him. This edition contains a special afterword by Rand’s literary executor, Leonard Peikoff, which includes excerpts from Ayn Rand’s own notes on the making of The Fountainhead. As fresh today as it was then, here is a novel about a hero—and about those who try to destroy him.
Posted in Fiction

Just Mercy

a story of justice and redemption

Author: Bryan Stevenson

Publisher: Scribe Publications

ISBN: 1925106381

Category: Biography & Autobiography

Page: 352

View: 7040

A powerful, bold true story about the potential for mercy to redeem us, and a clarion call to fix America’s broken system of justice — from one of the most brilliant and influential lawyers of our time. The US has the highest rate of incarceration in the world. The prison population has increased from 300,000 in the early 1970s to more than two million now. One in every 15 people is expected to go to prison. For black men, the most incarcerated group in America, this figure rises to one out of every three. Bryan Stevenson grew up a member of a poor black community in the racially segregated South. He was a young lawyer when he founded the Equal Justice Initiative, a legal practice dedicated to defending those most desperate and in need: the poor, the wrongly condemned, and women and children trapped in the farthest reaches of the US’s criminal justice system. One of his first cases was that of Walter McMillian, a young black man who was sentenced to die for a notorious murder he insisted he didn’t commit. The case drew Bryan into a tangle of conspiracy, political machination, startling racial inequality, and legal brinksmanship — and transformed his understanding of mercy and justice forever. Just Mercy is at once an unforgettable account of an idealistic, gifted lawyer’s coming of age, a moving portrait of the lives of those he has defended, and an inspiring argument for compassion in the pursuit of justice.
Posted in Biography & Autobiography

Getting Over Equality

A Critical Diagnosis of Religious Freedom in America

Author: Steven D. Smith

Publisher: NYU Press

ISBN: 0814739946

Category: Law

Page: 225

View: 9653

Questions of religious freedom continue to excite passionate public debate. Proposals involving school prayer and the posting of the Ten Commandments in schools and courtrooms perennially spur controversy. But there is also a sense that the prevailing discourse is exhausted, that no one seems to know how to think about religious freedom in a way that moves beyond our stale, counterproductive thinking on this issue. In Getting over Equality, Steven D. Smith, one of the most important voices now writing about religious liberty, provocatively contends that we must get over our presumptionmistakenly believed to be rooted in the Constitutionthat all religions are equally true and virtuous and "authentically American." Smith puts forth an alternative view, that the courts should promote an ideal of tolerance rather than equality and neutrality. Examining such controversial examples as the animal sacrifice case, the peyote case, and the problem of aid to parochial schools, Smith delineates a way for us to tolerate and respect contrary creeds without sacrificing or diluting our own beliefsand without pretending to believe in a spurious "equality" among the variety of diverse faiths.
Posted in Law

The Book of Laughter and Forgetting

A Novel

Author: Milan Kundera

Publisher: Harper Collins

ISBN: 0060932147

Category: Fiction

Page: 320

View: 5075

Rich in its stories, characters, and imaginative range, The Book of Laughter and Forgetting is the novel that brought Milan Kundera his first big international success in the late 1970s. Like all his work, it is valuable for far more than its historical implications. In seven wonderfully integrated parts, different aspects of human existence are magnified and reduced, reordered and emphasized, newly examined, analyzed, and experienced.
Posted in Fiction

Law and Religion

A Critical Anthology

Author: Stephen M. Feldman

Publisher: NYU Press

ISBN: 9780814726785

Category: Law

Page: 483

View: 4291

Following landmark trade agreements between Japan and the United States in the 1850s, Tokyo began importing a unique American commodity: Western social activism. As Japan sought to secure its future as a commercial power and American women pursued avenues of political expression, Protestant church-women and, later, members of the Women's Christian Temperance Union (WCTU) traveled to the Asian coast to promote Christian teachings and women's social activism. Rumi Yasutake reveals in Transnational Women's Activism that the resulting American, Japanese, and first generation Japanese-American women's movements came to affect more than alcohol or even religion. While the WCTU employed the language of evangelism and Victorian family values, its members were tactfully expedient in accommodating their traditional causes to suffrage and other feminist goals, in addition to the various political currents flowing through Japan and the United States at the turn of the nineteenth century. Exploring such issues as gender struggles in the American Protestant church and bourgeois Japanese women's attitudes towards the "pleasure class" of geishas and prostitutes, Yasutake illuminates the motivations and experiences of American missionaries, U.S. WCTU workers, and their Japanese protégés. The diverse machinations of WCTU activism offer a compelling lesson in the complexities of cultural imperialism.
Posted in Law

Killers of the Flower Moon

The Osage Murders and the Birth of the FBI

Author: David Grann

Publisher: N.A

ISBN: 9780857209030

Category:

Page: 352

View: 8257

SHORTLISTED FOR THE ANDREW CARNEGIE MEDAL FOR EXCELLENCE IN NON-FICTION 'A riveting true story of greed, serial murder and racial injustice' JON KRAKAUER 'A fiercely entertaining mystery story and a wrenching exploration of evil' KATE ATKINSON 'A fascinating accountof a tragic and forgotten chapter in the history of the American West' JOHN GRISHAM From the bestselling author of The Lost City of Z, now a major film starring Charlie Hunnam, Sienna Miller and Robert Pattison, comes a true-life murder story which became one of the FBI's first major homicide investigations. In the 1920s, the richest people per capita in the world were members of the Osage Indian nation in Oklahoma. After oil was discovered beneath their land, they rode in chauffeured automobiles, built mansions and sent their children to study in Europe. Then, one by one, the Osage began to be killed off. As the death toll climbed, the FBI took up the case. But the bureau badly bungled the investigation. In desperation, its young director, J. Edgar Hoover, turned to a former Texas Ranger named Tom White to unravel the mystery. Together with the Osage he and his undercover team began to expose one of the most chilling conspiracies in American history. 'David Grann has a razor-keen instinct for suspense' LOUISE ERDRICH
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