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Divorced from Reality

Jane C. Murphy

Divorced from Reality

Over the past thirty years, there has been a dramatic shift in the way the legal system approaches and resolves family disputes. Traditionally, family law dispute resolution was based on an “adversary” system: two parties and their advocates stood before a judge who determined which party was at fault in a divorce and who would be awarded the rights in a custody dispute. Now, many family courts are opting for a “problem-solving” model in which courts...

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Jane C. Murphy

Prosecutors in the Boardroom

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Prosecutors in the Boardroom

Who should police corporate misconduct and how should it be policed? In recent years, the Department of Justice has resolved investigations of dozens of Fortune 500 companies via deferred prosecution agreements and non-prosecution agreements, where, instead of facing criminal charges, these companies become regulated by outside agencies. Increasingly, the threat of prosecution and such prosecution agreements is being used to regulate corporate behavior. This practice has been sharply criticized...

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From Lynch Mobs to the Killing Stat...

Austin Sarat

From Lynch Mobs to the Killing State

Since 1976, over forty percent of prisoners executed in American jails have been African American or Hispanic. This trend shows little evidence of diminishing, and follows a larger pattern of the violent criminalization of African American populations that has marked the country's history of punishment.In a bold attempt to tackle the looming question of how and why the connection between race and the death penalty has been so strong throughout American history, Ogletree and Sarat headline...

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Austin Sarat

The Twilight of Social Conservatism

John Dombrink

The Twilight of Social Conservatism

Despite many Americans’ triumphant proclamations that Barack Obama’s 2008 and 2012 elections signified a post-partisan, post-racial society, it seems that the United States is more divided than ever. From the rise of the Tea Party, to strident anti-immigration and anti-welfare movements, to the so-called “war on women”, the United States on its surface appears to be caught in the turmoil of a culture war that has not relented since the Reagan era. But, as...

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John Dombrink

Underground Codes

Katheryn Russell-Brown

Underground Codes

Winner of a 2005 Gustavus Myers Outstanding Book Award (Honorable MentionAmericans fear crime, are rattled by race and avoid honest discussions of both. Anxiety, denial, miscommunication, and ignorance abound. Imaginary connections between minorities and crime become real, self-fulfilling prophecies and authentic links to race, class, gender and crime go unexplored. Katheryn Russell-Brown, author of the highly acclaimed The Color of Crime , makes her way through this intellectual minefield,...

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Katheryn Russell-Brown

Marginal Workers

Ruben J. Garcia

Marginal Workers

Undocumented and authorized immigrant laborers, female workers, workers of color, guest workers, and unionized workers together compose an enormous and diverse part of the labor force in America. Labor and employment laws are supposed to protect employees from various workplace threats, such as poor wages, bad working conditions, and unfair dismissal. Yet as members of individual groups with minority status, the rights of many of these individuals are often dictated by other types of law, such...

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Ruben J. Garcia

Prison, Inc.

K.C. Carceral

Prison, Inc.

Prison, Inc. provides a first-hand account of life behind bars in a controversial new type of prison facility: the private prison. These for-profit prisons are becoming increasingly popular as state budgets get tighter. Yet as privatization is seen as a necessary and cost-saving measure, not much is known about how these facilities are run and whether or not they can effectively watch over this difficult and dangerous population. For the first time, Prison, Inc. provides a look inside one of...

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K.C. Carceral

Alienated

Victor C. Romero

Alienated

Throughout American history, the government has used U.S. citizenship and immigration law to protect privileged groups from less privileged ones, using citizenship as a “legitimate” proxy for otherwise invidious, and often unconstitutional, discrimination on the basis of race. While racial discrimination is rarely legally acceptable today, profiling on the basis of citizenship is still largely unchecked, and has in fact arguably increased in the wake of the September 11...

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Victor C. Romero

Saving Our Children from the First...

Kevin W. Saunders

Saving Our Children from the First Amendment

The First Amendment is vital to our political system, our cultural institutions, and our routine social interactions with others. In this provocative book, Kevin Saunders asserts that freedom of expression can be very harmful to our children, making it more likely that they will be the perpetrators or victims of violence, will grow up as racists, or will use alcohol or tobacco. Saving Our Children from the First Amendment examines both the value and cost of free expression in America,...

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Kevin W. Saunders

Diaspora Lobbies and the US Governm...

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Diaspora Lobbies and the US Government

As a nation ofimmigrants, the United States has long accepted that citizens who identify withan ancestral homeland may hold dual loyalties; yet Americans have at timesregarded the persistence of foreign ties with suspicion, seeing them as a sign ofpotential disloyalty and a threat to national security. Diaspora Lobbies and the US Government bringstogether a group of distinguished scholars of international politics andinternational migration to examine this contradiction in the realm of...

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The Coming Race War

Richard Delgado

The Coming Race War

In The Washington Post , Julius Lester praised Richard Delgado's The Rodrigo Chronicles: Conversations about America and Race as free of cant and ideology. . . . an excellent starting place for the national discussion about race we so desperately need. The New York Times has hailed Delgado as a pioneer in the study of race and law, and the Los Angeles Times has compared his storytelling style to Plato's Dialogues. In The Coming Race War? , Delgado turns his attention to the...

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Richard Delgado

Chronic Youth

Julie Passanante Elman

Chronic Youth

The teenager has often appeared in culture as an anxious figure,the repository for American dreams and worst nightmares, at once on the brinkof success and imminent failure. Spotlighting the “troubled teen” as a site ofpop cultural, medical, and governmental intervention, Chronic Youthtraces the teenager as a figure through which broad threats to the normativeorder have been negotiated and contained. Examining television, popular novels, science journalism, newmedia, and...

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Julie Passanante Elman

America’s Safest City

Simon I. Singer

America’s Safest City

Winner of the American Society of Criminology 2015 Michael J. Hindelang Book Award for the Most Outstanding Contribution to Research in Criminology Since the mid-1990s, the fast-growing suburb of Amherst, NY has been voted by numerous publications as one of the safest places to live in America. Yet, like many of America’s seemingly idyllic suburbs, Amherst is by no means without crime—especially when it comes to adolescents. In America’s Safest City, noted...

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Simon I. Singer

Kids, Cops, and Confessions

Barry C. Feld

Kids, Cops, and Confessions

Juveniles possess less maturity, intelligence, and competence than adults, heightening their vulnerability in the justice system. For this reason, states try juveniles in separate courts and use different sentencing standards than for adults. Yet, when police bring kids in for questioning, they use the same interrogation tactics they use for adults, including trickery, deception, and lying to elicit confessions or to produce incriminating evidence against the defendants. In Kids, Cops, and...

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Barry C. Feld

No Seat at the Table

Douglas M. Branson

No Seat at the Table

Women are completing MBA and Law degrees in record high numbers, but their struggle to attain director positions in corporate America continues. Although explanations for this disconnect abound, neither career counselors nor scholars have paid enough attention to the role that corporate governance plays in maintaining the gender gap in America's executive quarters.Mining corporate governance models applied at Fortune 500 companies, hundreds of Title VII discrimination cases, and proxy...

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Douglas M. Branson

The Color of Crime (Second Edition)

Katheryn Russell-Brown

The Color of Crime (Second Edition)

When The Color of Crime was first published ten years ago, it was heralded as a path-breaking book on race and crime. Now, in its tenth anniversary year, Katheryn Russell-Brown’s book is more relevant than ever. The Jena Six, Duke Lacrosse Team, Amadou Diallo, Sean Bell, James Byrd, and all of those victimized in the aftermath of Hurricane Katrina are just a few of the racially fueled cases that have made headlines in the past decade.Russell-Brown continues to ask, why do Black and White...

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Katheryn Russell-Brown

Free Speech Beyond Words

Mark V. Tushnet

Free Speech Beyond Words

A look at First Amendment coverage of music, non-representational art, and nonsense The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the...

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Mark V. Tushnet

Black Rage Confronts the Law

Paul Harris

Black Rage Confronts the Law

In 1971, Paul Harris pioneered the modern version of the black rage defense when he successfully defended a young black man charged with armed bank robbery. Dubbed one of the most novel criminal defenses in American history by Vanity Fair, the black rage defense is enormously controversial, frequently dismissed as irresponsible, nothing less than a harbinger of anarchy. Consider the firestorm of protest that resulted when the defense for Colin Ferguson, the gunman who murdered numerous...

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Paul Harris

Multiracials and Civil Rights

Tanya Katerí Hernández

Multiracials and Civil Rights

Narratives of mixed-race people bringing claims of racial discrimination in court, illuminating traditional understandings of civil rights law As the mixed-race population in the United States grows, public fascination with multiracial identity has promoted the belief that racial mixture will destroy racism. However, multiracial people still face discrimination. Many legal scholars hold that this is distinct from the discrimination faced by people of other races, and traditional civil rights...

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Tanya Katerí Hernández

Integrity and Conscience

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Integrity and Conscience

Can individuals believe that they are acting with integrity, yet in disobedience to the dictates of their conscience? Can they retain fidelity to their conscience while ignoring a sense of what integrity requires? Integrity and conscience are often thought to be closely related, perhaps even different aspects of a single impulse. This timely book supports a different and more complicated view. Acting with integrity and obeying one's conscience might be mutually reinforcing in some settings,...

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