Rethinking the Judicial Settlement of Reconstruction

Rethinking the Judicial Settlement of Reconstruction PDF Author: Pamela Brandwein
Publisher: Cambridge University Press
ISBN: 1139496964
Category : Political Science
Languages : en
Pages : 283

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Book Description
American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.

Rethinking the Judicial Settlement of Reconstruction

Rethinking the Judicial Settlement of Reconstruction PDF Author: Pamela Brandwein
Publisher: Cambridge University Press
ISBN: 1139496964
Category : Political Science
Languages : en
Pages : 283

Get Book Here

Book Description
American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.

Rethinking the Age of Reform

Rethinking the Age of Reform PDF Author: Arthur Burns
Publisher: Cambridge University Press
ISBN: 0521823943
Category : Art
Languages : en
Pages : 365

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Book Description
This book takes a look at the 'age of reform', from 1780 when reform became a common object of aspiration, to the 1830s - the era of the 'Reform Ministry' and of the Great Reform Act of 1832 - and beyond, when such aspirations were realized more frequently. It pays close attention to what contemporaries termed 'reform', identifying two strands, institutional and moral, which interacted in complex ways. Particular reforming initiatives singled out for attention include those targeting parliament, government, the law, the Church, medicine, slavery, regimens of self-care, opera, theatre, and art institutions, while later chapters situate British reform in its imperial and European contexts. An extended introduction provides a point of entry to the history and historiography of the period. The book will therefore stimulate fresh thinking about this formative period of British history.

Start Here

Start Here PDF Author: Greg Berman
Publisher: The New Press
ISBN: 1620972247
Category : Law
Languages : en
Pages : 128

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Book Description
As heard on NPR's Fresh Air Recommended by The New York Times' Sam Roberts “Start Here is an urgent and timely primer on the approaches that are working and don’t require federal approval or political revolution to end one of the most pressing justice issues the country faces today.” —Brooklyn Daily Eagle A bold agenda for criminal justice reform based on equal parts pragmatism and idealism, from the visionary director of the Center for Court Innovation, a leader of the reform movement Everyone knows that the United States leads the world in incarceration, and that our political process is gridlocked. What can be done right now to reduce the number of people sent to jail and prison? This essential book offers a concrete roadmap for both professionals and general readers who want to move from analysis to action. In this forward-looking, next-generation criminal justice reform book, Greg Berman and Julian Adler of the Center for Court Innovation highlight the key lessons from these programs—engaging the public in preventing crime, treating all defendants with dignity and respect, and linking people to effective community-based interventions rather than locking them up. Along the way, they tell a series of gripping stories, highlighting gang members who have gotten their lives back on track, judges who are transforming their courtrooms, and reformers around the country who are rethinking what justice looks like. While Start Here offers no silver bullets, it does put forth a suite of proven reforms—from alternatives to bail to diversion programs for mentally ill defendants—that will improve the lives of thousands of people right now. Start Here is a must-read for everyone who wants to start dismantling mass incarceration without waiting for a revolution or permission. Proceeds from the book will support the Center for Court Innovation's reform efforts.

Rethinking Judicial Reforms

Rethinking Judicial Reforms PDF Author: Kāḷīśvaraṃ Rāj
Publisher:
ISBN: 9789350359846
Category : Justice, Administration of
Languages : en
Pages : 179

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Book Description


Rethinking US Election Law

Rethinking US Election Law PDF Author: Steven Mulroy
Publisher: Edward Elgar Publishing
ISBN: 1788117514
Category : Election law
Languages : en
Pages : 176

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Book Description
Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections.

Rethinking Juvenile Justice

Rethinking Juvenile Justice PDF Author: Elizabeth S Scott
Publisher: Harvard University Press
ISBN: 0674043367
Category : Law
Languages : en
Pages : 379

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Book Description
What should we do with teenagers who commit crimes? In this book, two leading scholars in law and adolescent development argue that juvenile justice should be grounded in the best available psychological science, which shows that adolescence is a distinctive state of cognitive and emotional development. Although adolescents are not children, they are also not fully responsible adults.

The New Criminal Justice Thinking

The New Criminal Justice Thinking PDF Author: Sharon Dolovich
Publisher: NYU Press
ISBN: 1479831549
Category : Law
Languages : en
Pages : 356

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Book Description
A vital collection for reforming criminal justice After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.

Rethinking the 1898 Reform Period

Rethinking the 1898 Reform Period PDF Author: Rebecca E. Karl
Publisher: Harvard Univ Asia Center
ISBN: 9780674008540
Category : History
Languages : en
Pages : 308

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Book Description
Preliminary Material /Rebecca E. Karl and Peter Zarrow --Introduction /Rebecca E. Karl and Peter Zarrow --The Reform Movement, the Monarchy, and Political Modernity /Peter Zarrow --Literati-Journalists of the Chinese Progress (Shiwu bao) in Discord, 1896-1898 /Seungjoo Yoon --Zhang Zhidong's Proposal for Reform: A New Reading of the Quanxue pian /Tze-ki Hon --The Founding of the Imperial University and the Emergence of Ghinese Modernity /Timothy B. Weston --Placing the Hundred Days: Native-Place Ties and Urban Space /Richard Belsky --Reforming the Feminine: Female Literacy and the Legacy of 1898 /Joan Judge --Naming the First 'New Woman' /Hu Ying --'Slavery,' Citizenship, and Gender in Late Qing China's Global Context /Rebecca E. Karl --'Poetic Revolution,' Colonization, and Form at the Beginning of Modern Chinese Literature /Xiaobing Tang --Index /Rebecca E. Karl and Peter Zarrow --Harvard East Asian Monographs /Rebecca E. Karl and Peter Zarrow.

Globalization and Sovereignty

Globalization and Sovereignty PDF Author: Jean L. Cohen
Publisher: Cambridge University Press
ISBN: 1139560263
Category : Political Science
Languages : en
Pages : 455

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Book Description
Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

Rethinking Justice

Rethinking Justice PDF Author: Vincenzo Guido
Publisher:
ISBN: 9781641379915
Category : Law
Languages : en
Pages : 226

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Book Description
In the criminal justice system, people are cast into polar positions on the good-bad axis: good guys and bad guys. Prosecutors, who wield considerable power and influence in the enforcement of our laws, are almost universally cast as good guys. Seldom is there accountability when they are, in fact, not always good. Rethinking Justice: Inside America's Movement for Prosecution Reform introduces a newly minted generation of prosecutors, intent on holding the entire system accountable and changing the way we handle crime in America. Explore how a prevailing philosophy of retributive over restorative justice has contributed to mass incarceration. Discover what happens when civil servants go beyond filling prisons to address systemic injustices. Meet Portsmouth Commonwealth Attorney Stephanie Morales, whose investment in crime prevention, community building, and restorative justice could provide a model for widespread reform. Through stories and insights from district attorneys, legal scholars, and survivors of a perilously flawed system, Rethinking Justice imagines the tough-on-crime D.A. role recast as a "progressive prosecutor." Is this political paradox even possible?