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Author: Kerwin Kaye
Publisher: Columbia University Press
ISBN: 0231547099
Category : Social Science
Languages : en
Pages : 525
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Book Description
In 1989, the first drug-treatment court was established in Florida, inaugurating an era of state-supervised rehabilitation. Such courts have frequently been seen as a humane alternative to incarceration and the war on drugs. Enforcing Freedom offers an ethnographic account of drug courts and mandatory treatment centers as a system of coercion, demonstrating how the state uses notions of rehabilitation as a means of social regulation. Situating drug courts in a long line of state projects of race and class control, Kerwin Kaye details the ways in which the violence of the state is framed as beneficial for those subjected to it. He explores how courts decide whether to release or incarcerate participants using nominally colorblind criteria that draw on racialized imagery. Rehabilitation is defined as preparation for low-wage labor and the destruction of community ties with “bad influences,” a process that turns participants against one another. At the same time, Kaye points toward the complex ways in which participants negotiate state control in relation to other forms of constraint in their lives, sometimes embracing the state’s salutary violence as a means of countering their impoverishment. Simultaneously sensitive to ethnographic detail and theoretical implications, Enforcing Freedom offers a critical perspective on the punitive side of criminal-justice reform and points toward alternative paths forward.
Author: Kerwin Kaye
Publisher: Columbia University Press
ISBN: 0231547099
Category : Social Science
Languages : en
Pages : 525
Get Book
Book Description
In 1989, the first drug-treatment court was established in Florida, inaugurating an era of state-supervised rehabilitation. Such courts have frequently been seen as a humane alternative to incarceration and the war on drugs. Enforcing Freedom offers an ethnographic account of drug courts and mandatory treatment centers as a system of coercion, demonstrating how the state uses notions of rehabilitation as a means of social regulation. Situating drug courts in a long line of state projects of race and class control, Kerwin Kaye details the ways in which the violence of the state is framed as beneficial for those subjected to it. He explores how courts decide whether to release or incarcerate participants using nominally colorblind criteria that draw on racialized imagery. Rehabilitation is defined as preparation for low-wage labor and the destruction of community ties with “bad influences,” a process that turns participants against one another. At the same time, Kaye points toward the complex ways in which participants negotiate state control in relation to other forms of constraint in their lives, sometimes embracing the state’s salutary violence as a means of countering their impoverishment. Simultaneously sensitive to ethnographic detail and theoretical implications, Enforcing Freedom offers a critical perspective on the punitive side of criminal-justice reform and points toward alternative paths forward.
Author: Rebecca E Zietlow
Publisher: NYU Press
ISBN: 0814797075
Category : Law
Languages : en
Pages : 279
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Book Description
In Enforcing Equality, Rebecca E. Zietlow assesses Congress's historical role in interpreting the Constitution and protecting the individual rights of citizens, provocatively challenging conventional wisdom that courts, not legislatures, are best suited for this role. Specifically focusing on what she calls “rights of belonging”—a set of positive entitlements that are necessary to ensure inclusion, participation, and equal membership in diverse communities—Zietlow examines three historical eras: Reconstruction, the New Deal era, and Civil Rights era of the 1960s. She reveals that in these key periods when rights of belonging were contested and defined, Congress has played the role of protector of rights at least as often as the Supreme Court has adopted this role. Enforcing Equality also engages in a sophisticated theoretical analysis of Congress as a protector of rights, comparing the institutional strengths and weaknesses of Congress and the courts as protectors of the rights of belonging. With the recent new appointments to the Supreme Court and Congressional elections in November 2006, this timely book argues that individual rights are best enforced by the political process because they express the values of our national community, and as such, litigation is no substitute for collective political action.
Author: David Landy
Publisher: Zed Books Ltd.
ISBN: 1786996537
Category : Political Science
Languages : en
Pages : 293
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Book Description
Academic freedom is under siege, as our universities become the sites of increasingly fraught battles over freedom of speech. While much of the public debate has focussed on ‘no platforming’ by students, this overlooks the far graver threat posed by concerted efforts to silence the critical voices of both academics and students, through the use of bureaucracy, legal threats and online harassment. Such tactics have conspicuously been used, with particularly virulent effect, in an attempt to silence academic criticism of Israel. This collection uses the controversies surrounding the Israeli-Palestinian conflict as a means of exploring the limits placed on academic freedom in a variety of different national contexts. It looks at how the increased neoliberalisation of higher education has shaped the current climate, and considers how academics and their universities should respond to these new threats. Bringing together new and established scholars from Palestine and the wider Middle East as well as the US and Europe, Enforcing Silence shows us how we can and must defend our universities as places for critical thinking and free expression.
Author:
Publisher: Cambridge University Press
ISBN: 9780521132138
Category : African Americans
Languages : en
Pages : 968
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Book Description
Author: Jessica Flanigan
Publisher: Oxford University Press
ISBN: 0190684542
Category : Law
Languages : en
Pages : 289
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Book Description
Jessica Flanigan defends patients' rights of self-medication on the grounds that same moral reasons against medical paternalism in clinical contexts are also reasons against paternalistic pharmaceutical policies, including prohibitive approval processes and prescription requirements.--
Author: Adam Chilton
Publisher: Oxford University Press, USA
ISBN: 0190871458
Category : Law
Languages : en
Pages : 397
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Book Description
Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.
Author: Joanna Williams
Publisher: Springer
ISBN: 1137514795
Category : Education
Languages : en
Pages : 217
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Book Description
Academic freedom is increasingly being threatened by a stifling culture of conformity in higher education that is restricting individual academics, the freedom of academic thought and the progress of knowledge – the very foundations upon which academia and universities are built. Once, scholars demanded academic freedom to critique existing knowledge and to pursue new truths. Today, while fondness for the rhetoric of academic freedom remains, it is increasingly criticised as an outdated and elitist concept by students and lecturers alike and called into question by a number of political and intellectual trends such as feminism, critical theory and identity politics. This provocative and compelling book traces the demise of academic freedom within the context of changing ideas about the purpose of the university and the nature of knowledge. The book argues that a challenge to this culture of conformity and censorship and a defence of academic free speech are needed for critique to be possible and for the intellectual project of evaluating existing knowledge and proposing new knowledge to be meaningful. This book is that challenge and a passionate call to arms for the power of academic thought today.
Author: Lawrence E. Rosen
Publisher: Prentice Hall
ISBN:
Category : Computers
Languages : en
Pages : 436
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Book Description
"I have studied Rosen's book in detail and am impressed with its scope and content. I strongly recommend it to anybody interested in the current controversies surrounding open source licensing." --John Terpstra, Samba.org; cofounder, Samba-Team "Linux and open source software have forever altered the computing landscape. The important conversations no longer revolve around the technology but rather the business and legal issues. Rosen's book is must reading for anyone using or providing open source solutions." --Stuart Open Source Development Labs A Complete Guide to the Law of Open Source for Developers, Managers, and Lawyers Now that open source software is blossoming around the world, it is crucial to understand how open source licenses work--and their solid legal foundations. Open Source Initiative general counsel Lawrence Rosen presents a plain-English guide to open source law for developers, managers, users, and lawyers. Rosen clearly explains the intellectual property laws that support open source licensing, carefully reviews today's leading licenses, and helps you make the best choices for your project or organization. Coverage includes: Explanation of why the SCO litigation and other attacks won't derail open source Dispelling the myths of open source licensing Intellectual property law for nonlawyers: ownership and licensing of copyrights, patents, and trademarks "Academic licenses" BSD, MIT, Apache, and beyond The "reciprocal bargain" at the heart of the GPL Alternative licenses: Mozilla, CPL, OSL and AFL Benefits of open source, and the obligations and risks facing businesses that deploy open source software Choosing the right license: considering business models, product architecture, IP ownership, license compatibility issues, relicensing, and more Enforcing the terms and conditions of open source licenses Shared source, eventual source, and other alternative models to open source Protecting yourself against lawsuits
Author: Rebecca Tiger
Publisher: NYU Press
ISBN: 0814784062
Category : Law
Languages : en
Pages : 208
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Book Description
The number of people incarcerated in the U.S. now exceeds 2.3 million, due in part to the increasing criminalization of drug use: over 25% of people incarcerated in jails and prisons are there for drug offenses. Judging Addicts examines this increased criminalization of drugs and the medicalization of addiction in the U.S. by focusing on drug courts, where defendants are sent to drug treatment instead of prison. Rebecca Tiger explores how advocates of these courts make their case for what they call “enlightened coercion,” detailing how they use medical theories of addiction to justify increased criminal justice oversight of defendants who, through this process, are defined as both “sick” and “bad.” Tiger shows how these courts fuse punitive and therapeutic approaches to drug use in the name of a “progressive” and “enlightened” approach to addiction. She critiques the medicalization of drug users, showing how the disease designation can complement, rather than contradict, punitive approaches, demonstrating that these courts are neither unprecedented nor unique, and that they contain great potential to expand punitive control over drug users. Tiger argues that the medicalization of addiction has done little to stem the punishment of drug users because of a key conceptual overlap in the medical and punitive approaches—that habitual drug use is a problem that needs to be fixed through sobriety. Judging Addicts presses policymakers to implement humane responses to persistent substance use that remove its control entirely from the criminal justice system and ultimately explores the nature of crime and punishment in the U.S. today.
Author: United States Commission on Civil Rights
Publisher:
ISBN:
Category : Freedom of religion
Languages : en
Pages : 232
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Book Description
From Executive summary: This report focuses on the government's efforts to enforce federal civil rights laws prohibiting religious discrimination in the administration and management of federal and state prisons. Prisoners in federal and state institutions retain certain religious exercise rights under the Constitution and statutes including the Religious Land Use and Institutionalized Persons Act (RLUPIPA), the Religious Freedom Restoration Act (RFRA), and the Civil rights of Institutionalized Persons Act (CRIPA). Many states have similar provisions in their state constitutions and in state law modeled on RFRA. These rights must be balanced with the legitimate concerns of prisons officials, including cost, staffing, and most importantly, prison safety and security. Reconciling these rights and concerns can be a significant challenge for penal institutions, as well as courts.
