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Author: Benjamin H. Barton
Publisher: Encounter Books
ISBN: 1594039348
Category : Law
Languages : en
Pages : 198
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Book Description
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
Author: Benjamin H. Barton
Publisher: Encounter Books
ISBN: 1594039348
Category : Law
Languages : en
Pages : 198
Get Book Here
Book Description
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
Author: John O. McGinnis
Publisher: Harvard University Press
ISBN: 0674727363
Category : Law
Languages : en
Pages : 377
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Book Description
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.
Author: Stuart Shapiro
Publisher: Routledge
ISBN: 1136169628
Category : Political Science
Languages : en
Pages : 194
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Book Description
Regulation has become a front-page topic recently, often referenced by politicians in conjunction with the current state of the U.S. economy. Yet despite regulation’s increased presence in current politics and media, The Politics of Regulatory Reform argues that the regulatory process and its influence on the economy is misunderstood by the general public as well as by many politicians. In this book, two experienced regulation scholars confront questions relevant to both academic scholars and those with a general interest in ascertaining the effects and importance of regulation. How does regulation impact the economy? What roles do politicians play in making regulatory decisions? Why do politicians enact laws that require regulations and then try to hamper agencies abilities to issue those same regulations? The authors answer these questions and untangle the misperceptions behind regulation by using an area of regulatory policy that has been underutilized until now. Rather than focusing on the federal government, Shapiro and Borie-Holtz have gathered a unique dataset on the regulatory process and output in the United States. They use state-specific data from twenty-eight states, as well as a series of case studies on regulatory reform, to question widespread impressions and ideas about the regulatory process. The result is an incisive and comprehensive study of the relationship between politics and regulation that also encompasses the effects of regulation and the reasons why regulatory reforms are enacted.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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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: William N. Eskridge (Jr.)
Publisher: Yale University Press
ISBN: 0300120885
Category : Political Science
Languages : en
Pages : 591
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Book Description
William Eskridge and John Ferejohn propose an original theory of constitutional law whereby, while the Constitution provides a vision, our democracy advances by means of statutes that supplement or even supplant the written Constitution.
Author: United States. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Transportation and Commerce
Publisher:
ISBN:
Category : Horse racing
Languages : en
Pages : 36
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Book Description
Author: Thomas O. McGarity
Publisher:
ISBN: 9781585760824
Category : Delegated legislation
Languages : en
Pages : 0
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Book Description
Sophisticated Sabotage: The Intellectual Games Used to Subvert Responsible Regulation explores regulatory cost-benefit analysis, quantitative risk assessment, the monetization of intangible values, comparative risk assessment and cost-effectiveness analysis, and related sub-disciplines. By explaining the arguments advanced by supporters of these tools, and discussing contrary views through short excerpts from the literature, Sophisticated Sabotage describes how dubious risk assessment and economic models have come to dominate regulatory decisionmaking and now stymie urgently needed health, safety and environmental protections. Each excerpt is thoroughly explained and previewed. Each chapter concludes with an extensive annotated listing of further readings. The authors are leading experts in administrative and environmental law.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309278937
Category : Law
Languages : en
Pages : 463
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Book Description
Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.
Author: Dean Spade
Publisher: Duke University Press
ISBN: 082237479X
Category : Social Science
Languages : en
Pages : 194
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Book Description
Revised and Expanded Edition Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.
Author: Kulaç, Onur
Publisher: IGI Global
ISBN: 1799882454
Category : Political Science
Languages : en
Pages : 468
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Book Description
Since the beginning of the 20th century, public administration (PA) departments have been established, primarily in the USA and later in other Western countries, and education in the field of public administration has been provided in these departments. As the field of public administration has been changing due to globalization, government reforms, and increasing governance practices within intergovernmental networks, research and teaching in public administration has also had to adapt. Public Affairs Education and Training in the 21st Century highlights the best practices of various countries in public administration and policy education and training to contribute to the development of the public administration and policy education/training field. This book focuses on comparative studies and innovative teaching techniques and how they affect public administration education methods and curriculum. Highlighting topics that include distance learning, public affairs education, ethics, and public policy, this book is essential for teachers, public affairs specialists, trainers, researchers, students, practitioners, policymakers, academicians, public administrators, public officials, and public policy scholars.
