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Author: Charlie Eastaugh
Publisher: Springer
ISBN: 3319617354
Category : Social Science
Languages : en
Pages : 245
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Book Description
This book examines American solitary confinement – in which around 100,000 prisoners are held at any one time – and argues that under a moral reading of individual rights such punishment is not only a matter of public interest, but requires close constitutional scrutiny. While Eighth Amendment precedent has otherwise experienced a generational fixation on the death penalty, this book argues that such scrutiny must be extended to the hidden corners of the US prison system. Despite significant reforms to capital sentencing by the executive and legislative branches, Eastaugh shows how the American prison system as a whole has escaped meaningful judicial oversight. Drawing on a wide range of socio-political contexts in order to breathe meaning into the moral principles underlying the punishments clause, the study includes an extensive review of professional (medico-legal) consensus and comparative transnational human rights standards united against prolonged solitary confinement. Ultimately, Eastaugh argues that this practice is unconstitutional. An informed and empowering text, this book will be of particular interest to scholars of law, punishment, and the criminal justice system.
Author: Charlie Eastaugh
Publisher: Springer
ISBN: 3319617354
Category : Social Science
Languages : en
Pages : 245
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Book Description
This book examines American solitary confinement – in which around 100,000 prisoners are held at any one time – and argues that under a moral reading of individual rights such punishment is not only a matter of public interest, but requires close constitutional scrutiny. While Eighth Amendment precedent has otherwise experienced a generational fixation on the death penalty, this book argues that such scrutiny must be extended to the hidden corners of the US prison system. Despite significant reforms to capital sentencing by the executive and legislative branches, Eastaugh shows how the American prison system as a whole has escaped meaningful judicial oversight. Drawing on a wide range of socio-political contexts in order to breathe meaning into the moral principles underlying the punishments clause, the study includes an extensive review of professional (medico-legal) consensus and comparative transnational human rights standards united against prolonged solitary confinement. Ultimately, Eastaugh argues that this practice is unconstitutional. An informed and empowering text, this book will be of particular interest to scholars of law, punishment, and the criminal justice system.
Author: Julian Stern
Publisher: Bloomsbury Publishing
ISBN: 1350162175
Category : Education
Languages : en
Pages : 440
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Book Description
The Bloomsbury Handbook of Solitude, Silence and Loneliness is the first major account integrating research on solitude, silence and loneliness from across academic disciplines and across the lifespan. The editors explore how being alone – in its different forms, positive and negative, as solitude, silence and loneliness – is learned and developed, and how it is experienced in childhood and youth, adulthood and old age. Philosophical, psychological, historical, cultural and religious issues are addressed by distinguished scholars from Europe, North and Latin America, and Asia.
Author: Hannibal Travis
Publisher: Taylor & Francis
ISBN: 1040087019
Category : Law
Languages : en
Pages : 159
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Book Description
This book analyzes questions of platform bias, algorithmic filtering and ranking of Internet speech, and declining perceptions of online freedom. Courts have intervened against unfair platforms in important cases, but they have deferred to private sector decisions in many others, particularly in the United States. The First Amendment, human rights law, competition law, Section 230 of the Communications Decency Act, and an array of state and foreign laws address bad faith conduct by Internet platforms or other commercial actors. Arguing that the problem of platform neutrality is similar to the net neutrality problem, the book discusses the assault on freedom of speech that emerges from public-private partnerships. The book draws parallels between U.S. constitutional and statutory doctrines relating to shared spaces and the teachings of international human rights bodies relating to the responsibilities of private actors. It also connects the dots between new rights to appeal account or post removals under the Digital Services Act of the European Union and a variety of fair treatment obligations of platforms under American and European competition laws, “public accommodations” laws, and public utilities laws. Analyzing artificial intelligence (AI) regulation from the point of view of social-media and video-platform users, the book explores overlaps between European and U.S. efforts to limit algorithmic censorship or “shadow-banning”. The book will be of interest to students and scholars in the field of cyberlaw, the law of emerging technologies and AI law.
Author: Ulrike Müßig
Publisher: Springer
ISBN: 3319730371
Category : Law
Languages : en
Pages : 425
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Book Description
This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)
Author: Mark Golub
Publisher: Oxford University Press
ISBN: 0190683600
Category : Law
Languages : en
Pages : 233
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Book Description
For some, the idea of a color-blind constitution signals a commonsense ideal of equality and a new "post-racial" American era. For others, it supplies a narrow constitutional vision, which serves to disqualify many of the tools needed to combat persistent racial inequality in the United States. Rather than taking a position either for or against color-blindness, Mark Golub takes issue with the blindness/consciousness dichotomy itself. This book demonstrates how color-blind constitutionalism conceals its own race-conscious political commitments in defense of existing racial hierarchy, and renders the pursuit of racial justice as a constitutionally impermissible goal.
Author: Ray Monk
Publisher: Simon and Schuster
ISBN: 0684828022
Category : Philosophers
Languages : en
Pages : 728
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Book Description
Russell's avant-garde philosophy of free love combined with his principled pacificism would make him an icon of the international Left in the 1960s.".
Author: James Boswell
Publisher:
ISBN:
Category : Hebrides (Scotland)
Languages : en
Pages : 542
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Book Description
Author: James Boswell
Publisher:
ISBN:
Category : Hebrides (Scotland)
Languages : en
Pages : 556
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Book Description
Author: Russell L. Weaver
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 1361
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Book Description
Constitutional Law: Cases, Materials, and Problems, Sixth Edition by Russell L. Weaver and Steven Friedland is a casebook designed as a teacher’s book by stimulating thought, inviting discussion, and helping professors more effectively teach. Its thought-provoking problem approach encourages students to delve deeper into constitutional doctrine and gives them an accessible and interesting way to learn constitutional issues. Problems at the beginning of each chapter are referenced throughout the text for continuity. Principal constitutional law cases are edited as lightly as possible to allow the Supreme Court to speak for itself, with shorter notes that accompany the problems. This new edition is much shorter than previous editions so that it can be comfortably taught in a four credit, one semester course. This casebook makes Constitutional Law accessible and teachable. It will help students understand constitutional theory, lead students to greater insights, generate classroom interactivity and provide a platform for inspired learning. The casebook includes problems with many different models and formats. Many problems are factual in nature and are designed to encourage students to ponder how constitutional doctrine might apply in particular contexts. In some instances, these fact-based problems are premised upon actual cases, including U.S. Supreme Court cases. Other problems are theoretical in nature and are simply designed to help students better understand constitutional doctrine. New to the Sixth Edition. The sixth edition includes many new cases. Among them are: Dobbs v. Jackson Women's Health Organization (the abortion decision) Students for Fair Admissions v. Harvard and Students for Fair Admission v. University of North Carolina (the affirmative action decision) West Virginia v. EPA (the major questions doctrine) Biden v. Nebraska )the student loan case) Professors and students will benefit from: ● Lightly edited cases allow students to see the fullest possible analysis of the law. ● Diverse perspectives are presented on constitutional interpretation, federalism, and public policy. ● An emphasis on federalism and other oft-marginalized topics– compared to other constitutional law casebooks, this text spends considerable time on federalism, balance of powers, and other topics that are sometimes only given passing reference. ● A complete examination of Second Amendment rights and executive power.
Author: Tennessee
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1834
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Book Description
