Inside And Outside The Law
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| Author | : Olivia Harris |
| Publisher | : Routledge |
| Total Pages | : 192 |
| Release | : 2003-12-16 |
| Genre | : Law |
| ISBN | : 1134794266 |
Inside and Outside the Law analyses the relationship between the law, the state and its citizens. Drawing on general theories and specific case-studies, it examines the diverse ways in which people in different cultural and historical settings have experienced the ambiguities of law. Its theme develops to engage with current debates concerning the status of rules and codification in social life and to the revival of interest in moralities. With chapters that encompass countries such as Peru, Mozambique, Spain, Iran, the US and Britain this book has a strong global perspective.
| Author | : Hiroshi Motomura |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 361 |
| Release | : 2014-05 |
| Genre | : History |
| ISBN | : 0199768439 |
"A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it extremely difficult or even possible for scores of children to receive an education. The resulting landmark Supreme Court case, Plyler v. Doe (1982), established the constitutional right of children to attend public elementary and secondary schools regardless of legal status and changed how the nation approached the conversation about immigration outside the law. Today, as the United States takes steps towards immigration policy reform, Americans are subjected to polarized debates on what the country should do with its "illegal" or "undocumented" population. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura takes a neutral, legally-accurate approach in his attention and responses to the questions surrounding those whom he calls "unauthorized migrants." In a reasoned and careful discussion, he seeks to explain why unlawful immigration is such a contentious debate in the United States and to offer suggestions for what should be done about it. He looks at ways in which unauthorized immigrants are becoming part of American society and why it is critical to pave the way for this integration. In the final section of the book, Motomura focuses on practical and politically viable solutions to the problem in three public policy areas: international economic development, domestic economic policy, and educational policy. Amidst the extreme opinions voiced daily in the media, Motomura explains the complicated topic of immigration outside the law in an understandable and refreshingly objective way for students and scholars studying immigration law, policy-makers looking for informed opinions, and any American developing an opinion on this contentious issue"--
| Author | : Peter Jan Honigsberg |
| Publisher | : Beacon Press |
| Total Pages | : 306 |
| Release | : 2019-11-12 |
| Genre | : Political Science |
| ISBN | : 0807026980 |
Firsthand testimonies from Guantánamo Bay, inspiring future generations to never repeat the human rights violations of the detention center. Law scholar and Witness to Guantánamo founder Peter Jan Honigsberg uncovers a haunting portrait of life at the military prison and its toll, not only on the detainees and their loved ones but also on its military and civilian personnel and the journalists who reported on it. Honigsberg conducted 158 interviews across 20 countries so that the people who lived and worked there could tell their heartbreaking and inspirational stories. In each one, we face the reality that the healing process cannot begin until we start the conversation about what was done in the name of protecting our country. These are a few of them. Many alleged operatives in Guantánamo were purchased by the United States for ransom from Afghan and Pakistani soldiers. Brandon Neely, a prison guard who processed the first group of suspected operatives to arrive in Cuba, flew to London to embrace the detainees he guarded after leaving the military. Navy whistleblower Matt Diaz covertly released the names of 500 detainees by sending them in a greeting card to a lawyer in New York. Journalist Carol Rosenberg committed the past 17 years of her career to documenting life at Guantánamo. And Damien Corsetti, an interrogator who came to be known as the “King of Torture,” received ribbons and awards for the same cruel actions for which he was later prosecuted. In startling, aching prose, A Place Outside the Law shines a light on these unheard voices, and through them, encourages the global community to embrace humanity as our greatest tool to make the world a safer place.
| Author | : Clement Fatovic |
| Publisher | : JHU Press |
| Total Pages | : 363 |
| Release | : 2009-09-30 |
| Genre | : Political Science |
| ISBN | : 0801893623 |
The origins of presidential claims to extraconstitutional powers during national crises are contentious points of debate among constitutional and legal scholars. The Constitution is silent on the matter, yet from Abraham Lincoln's suspension of habeas corpus during the Civil War to George W. Bush's creation of the "enemy combatants" label, a number of presidents have invoked emergency executive power in defense of actions not specifically endorsed in the Constitution or granted by Congress. Taking up the debate, Clement Fatovic digs into the intellectual history of the nation's founding to argue that the originators of liberal constitutional theory explicitly endorsed the use of extraordinary, extralegal measures to deal with genuine national emergencies. He traces the evolution of thought on the matter through the writings of John Locke, David Hume, William Blackstone, and the founding fathers, finding in them stated support for what Locke termed "prerogative," tempered by a carefully construed concept of public-oriented virtues. Fatovic maintains that the founders believed that moral character and republican decency would restrain the president from abusing this grant of enhanced authority and ensure that it remained temporary. This engaging, carefully considered survey of the conceptions of executive power in constitutional thought explains how liberalism's founders attempted to reconcile the principles of constitutional government with the fact that some circumstances would demand that an executive take normally proscribed actions. Scholars of liberalism, the American founding, and the American presidency will find Fatovic's reasoned arguments against the conventional wisdom enlightening. -- Ernest B. Abbott
| Author | : Senthorun Raj |
| Publisher | : Springer Nature |
| Total Pages | : 281 |
| Release | : 2020-11-30 |
| Genre | : Social Science |
| ISBN | : 3030488306 |
This book contributes to current debates about “queer outsides” and “queer outsiders” that emerge from tensions in legal reforms aimed at improving the lives of lesbian, gay, bisexual, transgender, intersex, and queer people in the United Kingdom. LGBTIQ people in the UK have moved from being situated as “outlaws” – through prohibitions on homosexuality or cross-dressing – to respectable “in laws” – through the emerging acceptance of same-sex families and self-identified genders. From the partial decriminalisation of homosexuality in the Sexual Offences Act 1967, to the provision of a bureaucratic mechanism to amend legal sex in the Gender Recognition Act 2004, bringing LGBTIQ people “inside” the law has prompted enormous activist and academic commentary on the desirability of inclusion-focused legal and social reforms. Canvassing an array of current socio-legal debates on colonialism, refugee law, legal gender recognition, intersex autonomy and transgender equality, the contributing authors explore “queer outsiders” who remain beyond the law’s reach and outline the ways in which these outsiders might seek to “come within” and/or “stay outside” law. Given its scope, this modern work will appeal to legal scholars, lawyers, and activists with an interest in gender, sex, sexuality, race, migration and human rights law.
| Author | : Susan Shreve |
| Publisher | : Beacon Press |
| Total Pages | : 212 |
| Release | : 1997 |
| Genre | : Law |
| ISBN | : 9780807044070 |
Seventeen original pieces of writing that use powerful storytelling to define justice, to give it a face, and to show how it affects the lives of every one of us. Includes contributions from Julia Alvarez, Richard Bausch, Madison Smartt Bell, Blanche McCrary Boyd, John Casey, Michael Dorris, Garrett Hongo, Charles Johnson, Alex Kotlowitz, Beverly Lowry, Martha Minow, Clarence Page, Sarah Pettit, Ntozake Shange, Susan Richards Shreve, Gerald M. Stern, Daniel J. Wideman, and John Edgar Wideman.
| Author | : Hiroshi Motomura |
| Publisher | : Oxford University Press |
| Total Pages | : 361 |
| Release | : 2014-06-02 |
| Genre | : Law |
| ISBN | : 0199385300 |
In 1975, Texas adopted a law allowing school districts to bar children from public schools if they were in the United States unlawfully. The US Supreme Court responded in 1982 with a landmark decision, Plyler v. Doe, that kept open the schoolhouse doors, allowing these children to get the education that state law would have denied. The Court established a child's constitutional right to attend public elementary and secondary schools, regardless of immigration status. With Plyler, three questions emerged that have remained central to the national conversation about immigration outside the law: What does it mean to be in the country unlawfully? What is the role of state and local governments in dealing with unauthorized migration? Are unauthorized migrants "Americans in waiting?" Today, as the United States weighs immigration reform, debates over "illegal" or "undocumented" immigrants have become more polarized than ever. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura, author of the award-winning Americans in Waiting, offers a framework for understanding why these debates are so contentious. In a reasoned, lucid, and careful discussion, he explains the history of unauthorized migration, the sources of current disagreements, and points the way toward durable answers. In his refreshingly fair-minded analysis, Motomura explains the complexities of immigration outside the law for students and scholars, policy-makers looking for constructive solutions, and anyone who cares about this contentious issue.
| Author | : Mark P. Denbeaux |
| Publisher | : NYU Press |
| Total Pages | : 426 |
| Release | : 2011-03-04 |
| Genre | : History |
| ISBN | : 0814785050 |
Following the terrorist attacks of September 11, 2001, the United States imprisoned more than 750 men at its naval base at Guantánamo Bay, Cuba. The detainees, ranging from teenagers to elderly men from over forty different countries, were held for years without charges, trial, or a fair hearing. Without any legal status or protection, they were truly outside the law: imprisoned in secret, denied communication with their families, and subjected to extreme isolation, physical and mental abuse, and, in some instances, torture. These are the detainees' stories, told by their lawyers because the prisoners themselves were silenced. It took lawyers who had filed habeas corpus petitions over two years to finally gain the right to visit and talk to their clients at Guantánamo. Even then, lawyers worked under severe restrictions, designed to inhibit communication and maximize secrecy. Eventually, however, lawyers did meet with their clients. This book contains over 100 personal narratives from attorneys who have represented detainees held at Guantánamo as well as at other overseas prisons, from Bagram Air Base in Afghanistan to secret CIA jails or "black sites."
| Author | : Edward Hayes |
| Publisher | : Crown |
| Total Pages | : 297 |
| Release | : 2006-02-07 |
| Genre | : Biography & Autobiography |
| ISBN | : 0767920287 |
From prosecuting (and defending) murderers in the Bronx to handling the public and private problems of Manhattan’s elite, Mouthpiece recounts the colorful adventures of New York City’s ultimate legal operator. “In the pages before us, the Counselor tells a saga’s worth of tales of the city. As the saying goes, he’s got a million of them.” —Tom Wolfe, from his Introduction Edward Hayes is that unusual combination: the likable lawyer, one who could have stepped off the stages of Guys and Dolls or Chicago. Mouthpiece is his story—an irreverent, entertaining, and revealing look at the practice of law in modern times and a social and political anatomy of New York City. It recounts Hayes’s childhood in the tough Irish sections of Queens and his eventual escape to the University of Virginia and then to Columbia Law School. Not at all white-shoe-firm material, Hayes headed to the hair-raising, crime-ridden South Bronx of the midseventies—first as a homicide prosecutor and then as a defense attorney seeking to free the same sort of people he formerly had put in jail. Tom Wolfe immortalized this setting in The Bonfire of the Vanities. Ed Hayes was his guide, and he served as the model for the scrappy defense lawyer Tommy Killian. Eventually, Hayes moved his practice to Manhattan, using his neighborhood white boy instincts and connections and the rough-and-tumble techniques learned in the Bronx on behalf of the rich and powerful and famous. From a high-stakes legal shootout over the Andy Warhol estate to working to secure financial justice for the families of the World Trade Center victims, Hayes has been behind the scenes of how New York City really operates. For the tens of millions fascinated by New York’s unique blend of glitter and grime, of idealism and corruption, of avarice and ambition, Mouthpiece provides the ultimate close-up of high-stakes Gotham gamesmanship.
| Author | : Leah M. Christensen |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : Law |
| ISBN | : 9781594606922 |
More law students than ever before come to law school having been diagnosed with a learning disability. The purpose of this book is to provide research-based learning strategies for law students who learn differently. If you are a student who has been diagnosed with a learning disability or if you simply have a unique learning style, you may need to outline differently, read cases differently, and approach law school in a more active, engaged, and efficient manner. This book offers learning strategies grounded in empirical research to help law students who learn differently maximize their academic success. "Learning Outside the Box provides a concise map to the tricky terrain of law school success while simultaneously offering practical and emotional support to readers with nontraditional learning styles. The book will benefit both prospective law students and those current students who see a 'mismatch between how law professors teach . . . and the way in which [the students] learn' (p.19). These readers may find it most useful simply to skim the text initially and then reread pertinent sections later as the content becomes applicable to their studies. In addition to students, law school faculty members, administrators, and staff responsible for counseling law students should also become familiar with this text. The book is recommended for all law school libraries." -- Barbara Glennan, Law Library Journal's "Keeping Up with New Legal Titles"
