Moving the Bar

Moving the Bar PDF Author: Michael Ratner
Publisher:
ISBN: 9781682192504
Category : BIOGRAPHY & AUTOBIOGRAPHY
Languages : en
Pages : 0

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Book Description
"Michael Ratner (1943-2016) was one of America's leading human rights lawyers. He worked for more than four decades at the Center for Constitutional Rights (CCR) becoming first the Director of Litigation and then the President of what Alexander Cockburn called "a small band of tigerish people." He was also the President of the National Lawyers Guild. Ratner handled some of the most significant cases In American history. This book tells why and how he did it. His last case, which he worked on until he died, was representing truth-telling whistleblower and now political prisoner Julian Assange, the editor of WikiLeaks. Ratner "moved the bar" by organizing some 600 lawyers to successfully defend habeas corpus, that is, the ancient right of someone accused of a crime to have a lawyer and to be brought before a judge. Michael had a piece of paper taped on the wall next to his desk at the CCR. It read: 4 key principles of being a radical lawyer: 1. Do not refuse to take a case just because it is long odds of winning in court. 2. Use cases to publicize a radical critique of US policy and to promote revolutionary transformation. 3. Combine legal work with political advocacy. 4. Love people. Compelling and instructive, Moving the Bar is an indispensable manual for the next generation of activists and their lawyers"--Publisher's description.

Moving the Bar

Moving the Bar PDF Author: Michael Ratner
Publisher:
ISBN: 9781682192504
Category : BIOGRAPHY & AUTOBIOGRAPHY
Languages : en
Pages : 0

Get Book Here

Book Description
"Michael Ratner (1943-2016) was one of America's leading human rights lawyers. He worked for more than four decades at the Center for Constitutional Rights (CCR) becoming first the Director of Litigation and then the President of what Alexander Cockburn called "a small band of tigerish people." He was also the President of the National Lawyers Guild. Ratner handled some of the most significant cases In American history. This book tells why and how he did it. His last case, which he worked on until he died, was representing truth-telling whistleblower and now political prisoner Julian Assange, the editor of WikiLeaks. Ratner "moved the bar" by organizing some 600 lawyers to successfully defend habeas corpus, that is, the ancient right of someone accused of a crime to have a lawyer and to be brought before a judge. Michael had a piece of paper taped on the wall next to his desk at the CCR. It read: 4 key principles of being a radical lawyer: 1. Do not refuse to take a case just because it is long odds of winning in court. 2. Use cases to publicize a radical critique of US policy and to promote revolutionary transformation. 3. Combine legal work with political advocacy. 4. Love people. Compelling and instructive, Moving the Bar is an indispensable manual for the next generation of activists and their lawyers"--Publisher's description.

Terror in the Balance

Terror in the Balance PDF Author: Eric A. Posner
Publisher: Oxford University Press
ISBN: 019531025X
Category : Law
Languages : en
Pages : 328

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Book Description
In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.

Separate But Faithful

Separate But Faithful PDF Author: Amanda Hollis-Brusky
Publisher:
ISBN: 0190637269
Category : Law
Languages : en
Pages : 313

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Book Description
In Separate But Faithful, Amanda Hollis-Brusky and Joshua C. Wilson provide an in-depth look at the Christian Right's efforts to build a comprehensive legal movement aimed at radically transforming American law and policy to reflect "Christian Worldview." Drawing on an impressive amount of original data from a variety of sources, the authors examine the causes, contours and consequences of these efforts.

Radical Critiques of the Law

Radical Critiques of the Law PDF Author: Stephen M. Griffin
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 360

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Book Description
The past two decades have seen an outpouring of work in legal theory that is self-consciously critical of aspects of American law and the institutions of the liberal state. In this lively volume, eminent scholars in philosophy, law, and political science respond to this recent scholarship by exploring what constitutes a "radical" critique of the law, examining such theories as critical legal studies, feminist theory and theories of "difference," and critical race theory. The authors consider whether the critiques advanced in recent legal theory can truly be called radical and what form a radical critique of American law should take. Writing at the cutting edge of the critique of critical legal theory, they offer insights first on critical legal scholarship, then on feminist political and legal theory. A third group of contributions questions the radicalness of these approaches in light of their failure to challenge fundamental aspects of liberalism, while a final section focuses on current issues of legal reform through critical views on criminal punishment, including observations on rape and hate speech. Each major essay describes the underlying principles in the development of a radical legal theory and addresses unresolved questions relating to it, while accompanying commentaries present conflicting views. The resulting dialogue explores wide-ranging issues like equity, value relativism, adversarial and empathic legal advocacy, communitarianism and the social contract, impartiality and contingency, "natural" law, and corrective justice. A common thread for many of the articles is a focus on the social dimension of society and law, which finds the individualism of prevailing liberal theories too limiting. Radical Critiques of the Law is particularly unique in presenting critical and feminist approaches in one volume-along with skeptical commentary about just how radical some critiques really are. Proposing alternative critiques that embody considerably greater promise of being truly radical, it offers provocative reading for both philosophers and legal scholars by showing that many claims to radicalism are highly problematic at best.

Radical Enfranchisement in the Jury Room and Public Life

Radical Enfranchisement in the Jury Room and Public Life PDF Author: Sonali Chakravarti
Publisher: University of Chicago Press
ISBN: 022665429X
Category : Law
Languages : en
Pages : 159

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Book Description
Juries have been at the center of some of the most emotionally charged moments of political life. At the same time, their capacity for legitimate decision making has been under scrutiny, because of events like the acquittal of George Zimmerman by a Florida jury for the shooting of Trayvon Martin and the decisions of several grand juries not to indict police officers for the killing of unarmed black men. Meanwhile, the overall use of juries has also declined in recent years, with most cases settled or resolved by plea bargain. With Radical Enfranchisement in the Jury Room and Public Life, Sonali Chakravarti offers a full-throated defense of juries as a democratic institution. She argues that juries provide an important site for democratic action by citizens and that their use should be revived. The jury, Chakravarti argues, could be a forward-looking institution that nurtures the best democratic instincts of citizens, but this requires a change in civic education regarding the skills that should be cultivated in jurors before and through the process of a trial. Being a juror, perhaps counterintuitively, can guide citizens in how to be thoughtful rule-breakers by changing their relationship to their own perceptions and biases and by making options for collective action salient, but they must be better prepared and instructed along the way.

A False Tree of Liberty

A False Tree of Liberty PDF Author: Susan Marks
Publisher:
ISBN: 0199675457
Category : Law
Languages : en
Pages : 305

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Book Description
This book is concerned with the history of the idea of human rights. It offers a fresh approach that puts aside familiar questions such as 'Where do human rights come from?' and 'When did human rights begin?' for the sake of looking into connections between debates about the rights of man and developments within the history of capitalism. The focus is on England, where, at the end of the eighteenth century, a heated controversy over the rights of man coincided with the final enclosure of common lands and the momentous changes associated with early industrialisation. Tracking back still further to sixteenth- and seventeenth-century writing about dispossession, resistance and rights, the book reveals a forgotten tradition of thought about central issues in human rights, with profound implications for their prospects in the world today.

Beyond All Reason

Beyond All Reason PDF Author: Daniel A. Farber
Publisher: Oxford University Press
ISBN: 0195355431
Category : Law
Languages : en
Pages : 204

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Book Description
Would you want to be operated on by a surgeon trained at a medical school that did not evaluate its students? Would you want to fly in a plane designed by people convinced that the laws of physics are socially constructed? Would you want to be tried by a legal system indifferent to the distinction between fact and fiction? These questions may seem absurd, but these are theories being seriously advanced by radical multiculturalists that force us to ask them. These scholars assert that such concepts as truth and merit are inextricably racist and sexist, that reason and objectivity are merely sophisticated masks for ideological bias, and that reality itself is nothing more than a socially constructed mechanism for preserving the power of the ruling elite. In Beyond All Reason, liberal legal scholars Daniel A. Farber and Suzanna Sherry mount the first systematic critique of radical multiculturalism as a form of legal scholarship. Beginning with an incisive overview of the origins and basic tenets of radical multiculturalism, the authors critically examine the work of Derrick Bell, Catherine MacKinnon, Patricia Williams, and Richard Delgado, and explore the alarming implications of their theories. Farber and Sherry push these theories to their logical conclusions and show that radical multiculturalism is destructive of the very goals it wishes to affirm. If, for example, the concept of advancement based on merit is fraudulent, as the multiculturalists claim, the disproportionate success of Jews and Asians in our culture becomes difficult to explain without opening the door to age-old anti-Semitic and racist stereotypes. If historical and scientific truths are entirely relative social constructs, then Holocaust denial becomes merely a matter of perspective, and Creationism has as much "validity" as evolution. The authors go on to show that rather than promoting more dialogue, the radical multiculturalist preferences for legal storytelling and identity politics over reasoned argument produces an insular set of positions that resist open debate. Indeed, radical multiculturalists cannot critically examine each others' ideas without incurring vehement accusations of racism and sexism, much less engage in fruitful discussion with a mainstream that does not share their assumptions. Here again, Farber and Sherry show that the end result of such thinking is not freedom but a kind of totalitarianism where dissent cannot be tolerated and only the naked will to power remains to settle differences. Sharply written and brilliantly argued, this book is itself a model of the kind of clarity, civility, and dispassionate critical thinking which the authors seek to preserve from the attacks of the radical multiculturalists. With far-reaching implications for such issues as government control of hate speech and pornography, affirmative action, legal reform, and the fate of all minorities, Beyond All Reason is a provocative contribution to one of the most important controversies of our time.

What's Wrong with Rights?

What's Wrong with Rights? PDF Author: Radha D'Souza
Publisher: Pluto Press (UK)
ISBN: 9780745335407
Category : Human rights
Languages : en
Pages : 0

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Book Description
A critique of liberal rights exposing the paradox between 'good' capitalism and the reality of its actions

Justice for Some

Justice for Some PDF Author: Noura Erakat
Publisher: Stanford University Press
ISBN: 1503608832
Category : History
Languages : en
Pages : 405

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Book Description
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

Radical Reproductive Justice

Radical Reproductive Justice PDF Author: Loretta Ross
Publisher: Feminist Press at CUNY
ISBN: 1936932040
Category : Social Science
Languages : en
Pages : 425

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Book Description
Expanding the social justice discourse surrounding "reproductive rights" to include issues of environmental justice, incarceration, poverty, disability, and more, this crucial anthology explores the practical applications for activist thought migrating from the community into the academy. Radical Reproductive Justice assembles two decades’ of work initiated by SisterSong Women of Color Health Collective, creators of the human rights-based “reproductive justice” framework to move beyond polarized pro-choice/pro-life debates. Rooted in Black feminism and built on intersecting identities, this revolutionary framework asserts a woman's right to have children, to not have children, and to parent and provide for the children they have. "The book is as revolutionary and revelatory as it is vast." —Rewire