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Author : Jethro Koller Lieberman
Publisher : Unknown
Page : 309 pages
File Size : 40,8 Mb
Release : 1972
Category : Criminal justice, Administration of
ISBN : OCLC:1128135600
Author : Austin Sarat,Nasser Hussain
Publisher : NYU Press
Page : 240 pages
File Size : 54,6 Mb
Release : 2010-10-20
Category : Law
ISBN : 9780814739853
"While we think of the crimes of the Bush-Cheney Administration as lying somewhere in the past, the aggressive wars, warrantless spying, lawless imprisonment, and torture continue. This collection looks deeply into one likely way to end these crimes, namely enforcing the laws against them. Included are serious and informed voices both for and against prosecution."-David Swanson, author of Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union "This collection is indispensible for anyone who wishes to understand the challenges facing the United States as it seeks to restore the rule of law. It also provides invaluable insight into the profound damage caused by governments that use national security as an excuse for law-breaking."-Jonathan Hafetz, co-editor of The Guantanamo Lawyers The war on terror and American intervention in Iraq and Afghanistan have brought rule of law rhetoric to a fevered pitch. While President Obama has repeatedly emphasized his Administration's commitment to transparency and the rule of law, nowhere has this resolve been so severely tested than with the issue of the possible prosecution of Bush Administration officials. While some worry that without legal consequences there will be no effective barrier to future instances of lawbreaking by government officials, others echo President Ohama's reluctance to launch an investigation into allegations of criminal wrongdoing. Using this debate as its jumping-off point, When Governments Break the Lau, takes an interdisciplinary approach to the legal challenges posed by the criminal wrongdoing of governments. This book is not an indictment of the Bush Administration; rather, the contributors take distinct positions for and against prosecution. By presuming that officials could be prosecuted, these essays address whether they should. Austin Sarat is William Nelson Cromwell of Jurisprudence and Political Science at Amherst College. He is author or editor of more than seventy books, including When the State Kills: Capital Punishment and the American Condition. Nasser Hussain is Associate Professor in the Department of Law, Jurisprudence and Social Thought at Amherst College. He is the author of The Jurisprudence of Emergency: Colonialism and the Rule of Law.
Author : Jethro K. Lieberman
Publisher : Unknown
Page : 128 pages
File Size : 49,8 Mb
Release : 1972
Category : Electronic
ISBN : OCLC:475987240
Author : Austin Sarat,Nasser Hussain
Publisher : NYU Press
Page : 234 pages
File Size : 42,5 Mb
Release : 2010-10-20
Category : Political Science
ISBN : 0814741428
Recent controversies surrounding the war on terror and American intervention in Iraq and Afghanistan have brought rule of law rhetoric to a fevered pitch. While President Obama has repeatedly emphasized his Administration’s commitment to transparency and the rule of law, nowhere has this resolve been so quickly and severely tested than with the issue of the possible prosecution of Bush Administration officials. While some worry that without legal consequences there will be no effective deterrence for the repetition of future transgressions of justice committed at the highest levels of government, others echo Obama’s seemingly reluctant stance on launching an investigation into allegations of criminal wrongdoing by former President Bush, Vice President Cheney, Secretary Rumsfeld, and members of the Office of Legal Counsel. Indeed, even some of the Bush Administration’s harshest critics suggest that we should avoid such confrontations, that the price of political division is too high. Measured or partisan, scholarly or journalistic, clearly the debate about accountability for the alleged crimes of the Bush Administration will continue for some time. Using this debate as its jumping off point, When Governments Break the Law takes an interdisciplinary approach to the legal challenges posed by the criminal wrongdoing of governments. But this book is not an indictment of the Bush Administration; rather, the contributors take distinct positions for and against the proposition, offering revealing reasons and illuminating alternatives. The contributors do not ask the substantive question of whether any Bush Administration officials, in fact, violated the law, but rather the procedural, legal, political, and cultural questions of what it would mean either to pursue criminal prosecutions or to refuse to do so. By presuming that officials could be prosecuted, these essays address whether they should. When Governments Break the Law provides a valuable and timely commentary on what is likely to be an ongoing process of understanding the relationship between politics and the rule of law in times of crisis. Contributors: Claire Finkelstein, Lisa Hajjar, Daniel Herwitz, Stephen Holmes, Paul Horwitz, Nasser Hussain, Austin Sarat, and Stephen I. Vladeck.
Author : Andrew P. Napolitano
Publisher : HarperChristian + ORM
Page : 265 pages
File Size : 53,6 Mb
Release : 2006-02-05
Category : Political Science
ISBN : 9781418508357
In this incisive and insightful book, Judge Andrew P. Napolitano peels back the legal veneer and shows how politicians, judges, prosecutors, and bureaucrats are trampling the U.S. Constitution in the name of law and order and fighting terrorism. Napolitano reveals how they: silence the First Amendment shoot holes in the Second break some laws to enforce others entrap citizens steal private property seize evidence without warrant imprison without charge kill without cause Pundits on the right, left, and center have praised Constitutional Chaos for its penetrating examination of our rights and liberties in the post-9/11 world. "Has the war on terrorism taken away some of your rights? In a non-ideological way, Judge Andrew P. Napolitano answers that crucial question. This book will open your eyes."-Bill O'Reilly "This book is a wake-up call for all who value personal freedom and limited government."-Rush Limbaugh "In all of the American media, Judge Napolitano is the most persistent, uncompromising guardian of both the letter and the spirit of the Constitution. . ."-Nat Hentoff Judge Andrew P. Napolitano is Fox News Channel's senior judicial analyst, seen by millions on The Big Story with John Gibson, The O'Reilly Factor, Fox and Friends, and other shows. Hisarticles and commentaries have been published in the Wall Street Journal, Los Angeles Times, St. Louis Post-Dispatch, Newark Star Ledger, and other national publications.
Author : L. W. Huberts,André van Montfort,Alan Doig
Publisher : Boom Juridische
Page : 148 pages
File Size : 46,5 Mb
Release : 2006
Category : Business & Economics
ISBN : IND:30000111494013
To what extent and in which manner do government bodies break laws and rules? What are the reasons for doing so and what are the consequences? Are public bodies less law and rule abiding than private organizations and corporations?This book discusses these issues based on research in the Netherlands and the United Kingdom. It pays attentions to rule and law breaking in areas such as environmental protection, fire safety and working conditions. It is concluded that government bodies break rules across the board and in all policy sectors. Government organisations regularly violate administrative law regulations and - to a lesser extent - commit criminal law violations. This is true for all levels of government and all policy areas. The reasons not only relate to deliberate intent but are also increasingly linked to the complexity of managing and delivering public functions. Thus, rule and law breaking warrants more attention in policy and regulation as well as in research in public administration, criminology, public ethics, law and political science. A state that ignores its own rules and laws cannot expect citizens to be willing to obey the laws, rules and policies of its political and administrative system. Governments that do not set a good example could seriously jeopardize their own credibility and integrity.
Author : John Locke
Publisher : Unknown
Page : 430 pages
File Size : 50,6 Mb
Release : 1821
Category : Liberty
ISBN : OXFORD:590611329
Author : Richard Rothstein
Publisher : Liveright Publishing
Page : 246 pages
File Size : 54,6 Mb
Release : 2017-05-02
Category : Social Science
ISBN : 9781631492860
New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.
Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 48,6 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791
Author : United States. Department of Justice
Publisher : Unknown
Page : 718 pages
File Size : 54,8 Mb
Release : 1985
Category : Justice, Administration of
ISBN : IND:30000089174308
Author : United States
Publisher : Unknown
Page : 1464 pages
File Size : 47,9 Mb
Release : 1971
Category : Law
ISBN : UOM:39015033909279
Author : Great Britain: Law Commission
Publisher : The Stationery Office
Page : 280 pages
File Size : 49,5 Mb
Release : 2006-11-29
Category : Political Science
ISBN : 9780102943689
A Law Commission consultation paper 'A new homicide act for England and Wales?' was published as LCCP 177 (ISBN 0117302643) in April 2006.
Author : Bernard E. Harcourt
Publisher : Harvard University Press
Page : 310 pages
File Size : 48,9 Mb
Release : 2005-02-15
Category : Social Science
ISBN : 0674038312
This is the first book to challenge the broken-windows theory of crime, which argues that permitting minor misdemeanors, such as loitering and vagrancy, to go unpunished only encourages more serious crime. The theory has revolutionized policing in the United States and abroad, with its emphasis on policies that crack down on disorderly conduct and aggressively enforce misdemeanor laws. The problem, argues Bernard Harcourt, is that although the broken-windows theory has been around for nearly thirty years, it has never been empirically verified. Indeed, existing data suggest that it is false. Conceptually, it rests on unexamined categories of law abiders and disorderly people and of order and disorder, which have no intrinsic reality, independent of the techniques of punishment that we implement in our society. How did the new order-maintenance approach to criminal justice--a theory without solid empirical support, a theory that is conceptually flawed and results in aggressive detentions of tens of thousands of our fellow citizens--come to be one of the leading criminal justice theories embraced by progressive reformers, policymakers, and academics throughout the world? This book explores the reasons why. It also presents a new, more thoughtful vision of criminal justice.
Author : Michael Laver,Kenneth A. Shepsle
Publisher : Cambridge University Press
Page : 319 pages
File Size : 49,7 Mb
Release : 1996-01-26
Category : Biography & Autobiography
ISBN : 9780521432450
Making and Breaking Governments offers a theoretical argument about how parliamentary parties form governments, deriving from the political and social context of such government formation its generic sequential process. Based on their policy preferences, and their beliefs about what policies will be forthcoming from different conceivable governments, parties behave strategically in the game in which government portfolios are allocated. The authors construct a mathematical model of allocation of ministerial portfolios, formulated as a noncooperative game, and derive equilibria. They also derive a number of empirical hypotheses about outcomes of this game, which they then test with data drawn from most of the postwar European parliamentary democracies. The book concludes with a number of observations about departmentalistic tendencies and centripetal forces in parliamentary regimes.
Author : Rachel L. Wellhausen
Publisher : Cambridge University Press
Page : 287 pages
File Size : 55,8 Mb
Release : 2014-12-08
Category : Business & Economics
ISBN : 9781107082762
The Shield of Nationality examines multinational corporations' relations with governments in developing countries. Wellhausen explains why governments can sometimes expropriate foreign-owned property, even in an era in which global capital is expected to have significant power. A new factor - the nationality of multinational corporations - is discussed as a source of political risk.