The Georgetown Law Journal Volume 3 Scholars Choice Edition
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Critical Race Judgments
Author | : Bennett Capers |
Publisher | : Cambridge University Press |
Total Pages | : 725 |
Release | : 2022-04-21 |
Genre | : Law |
ISBN | : 1316732592 |
By re-writing US Supreme Court opinions that implicate critical dimensions of racial justice, Critical Race Judgments demonstrates that it's possible to be judge and a critical race theorist. Specific issues covered in these cases include the death penalty, employment, voting, policing, education, the environment, justice, housing, immigration, sexual orientation, segregation, and mass incarceration. While some rewritten cases – Plessy v. Ferguson (which constitutionalized Jim Crow) and Korematsu v. United States (which constitutionalized internment) – originally focused on race, many of the rewritten opinions – Lawrence v. Texas (which constitutionalized sodomy laws) and Roe v. Wade (which constitutionalized a woman's right to choose) – are used to incorporate racial justice principles in novel and important ways. This work is essential for everyone who needs to understand why critical race theory must be deployed in constitutional law to uphold and advance racial justice principles that are foundational to US democracy.
Living Originalism
Author | : Jack M. Balkin |
Publisher | : Harvard University Press |
Total Pages | : 481 |
Release | : 2011-11-29 |
Genre | : Law |
ISBN | : 0674063031 |
Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.
Guilty People
Author | : Abbe Smith |
Publisher | : Rutgers University Press |
Total Pages | : 217 |
Release | : 2020-01-17 |
Genre | : Law |
ISBN | : 1978803400 |
Criminal defense attorneys protect the innocent and guilty alike, but, the majority of criminal defendants are guilty. This is as it should be in a free society. Yet there are many different types of crime and degrees of guilt, and the defense must navigate through a complex criminal justice system that is not always equipped to recognize nuances. In Guilty People, law professor and longtime criminal defense attorney Abbe Smith gives us a thoughtful and honest look at guilty individuals on trial. Each chapter tells compelling stories about real cases she handled; some of her clients were guilty of only petty crimes and misdemeanors, while others committed offenses as grave as rape and murder. In the process, she answers the question that every defense attorney is routinely asked: How can you represent these people? Smith’s answer also tackles seldom-addressed but equally important questions such as: Who are the people filling our nation’s jails and prisons? Are they as dangerous and depraved as they are usually portrayed? How did they get caught up in the system? And what happens to them there? This book challenges the assumption that the guilty are a separate species, unworthy of humane treatment. It is dedicated to guilty people—every single one of us.
Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations
Author | : Michael N. Schmitt |
Publisher | : Cambridge University Press |
Total Pages | : 641 |
Release | : 2017-02-02 |
Genre | : Law |
ISBN | : 1316828646 |
Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.
Campus Violence
Author | : Leighton Whitaker |
Publisher | : Routledge |
Total Pages | : 331 |
Release | : 2014-02-04 |
Genre | : Education |
ISBN | : 1317711920 |
This timely book shows how the rapidly increasing phenomenon of violence in the U.S. is invading college and university campuses. Campus Violence shows what colleges, universities, and other schools can do to deconstruct the violence culture and begin to educate for a better society. The chapters assist educators in determining the nature of both external and internal violence and what to do about it. Readers will benefit from the experiences of many institutions of higher learning as communicated by various outstanding contributors to this book. By becoming sharply aware of the issues and solutions, administrators may engage in better, more realistic long-range planning, as well as get help for the myriad daily questions and problems inherent to running today’s campuses. As a whole, the book is devoted to highlighting important kinds, causes, and cures of violence destructive to living and learning opportunities. The contributors address the full range of issues from conceptualization to practical ways of handling violent behaviors. Section I: Addresses the broadest, most far-reaching views of campus violence: the conceptualization of campus violence, administration perspectives, the destructive concoction of alcohol and other drugs and morbidity, and the commercial promotion of mindless violence. Section II: Addresses specific kinds of violence. Section III: Focuses on the most frequent immediate perpetrators--male college students--and how their behavior can be dealt with and improved. Section IV: Focuses very specifically on how the college counselor or psychotherapist can be a consultant to staff and faculty in regard to disruptive students. Campus Violence depicts the need to nurture and develop atmospheres for learning, respect, and constructive action--arguably the most pressing topic in education today. Counselors, therapists, security officers, deans, and presidents can begin to counter the rapidly increasing phenomenon of violence in American colleges and universities and cultivate a positive leadership atmosphere. The implications of the contributing authors reach to the primary and secondary schools in our nation--the training grounds for college life and education--and provoke some questions which begin to create a better learning environment.
The Indigo Book
Author | : Christopher Jon Sprigman |
Publisher | : Lulu.com |
Total Pages | : 203 |
Release | : 2017-07-11 |
Genre | : Law |
ISBN | : 1892628023 |
This public domain book is an open and compatible implementation of the Uniform System of Citation.
Tangled Up in Blue
Author | : Rosa Brooks |
Publisher | : Penguin |
Total Pages | : 384 |
Release | : 2021-02-09 |
Genre | : Biography & Autobiography |
ISBN | : 0525557865 |
Named one of the best nonfiction books of the year by The Washington Post “Tangled Up in Blue is a wonderfully insightful book that provides a lens to critically analyze urban policing and a road map for how our most dispossessed citizens may better relate to those sworn to protect and serve.” —The Washington Post “Remarkable . . . Brooks has produced an engaging page-turner that also outlines many broadly applicable lessons and sensible policy reforms.” —Foreign Affairs Journalist and law professor Rosa Brooks goes beyond the "blue wall of silence" in this radical inside examination of American policing In her forties, with two children, a spouse, a dog, a mortgage, and a full-time job as a tenured law professor at Georgetown University, Rosa Brooks decided to become a cop. A liberal academic and journalist with an enduring interest in law's troubled relationship with violence, Brooks wanted the kind of insider experience that would help her understand how police officers make sense of their world—and whether that world can be changed. In 2015, against the advice of everyone she knew, she applied to become a sworn, armed reserve police officer with the Washington, DC, Metropolitan Police Department. Then as now, police violence was constantly in the news. The Black Lives Matter movement was gaining momentum, protests wracked America's cities, and each day brought more stories of cruel, corrupt cops, police violence, and the racial disparities that mar our criminal justice system. Lines were being drawn, and people were taking sides. But as Brooks made her way through the police academy and began work as a patrol officer in the poorest, most crime-ridden neighborhoods of the nation's capital, she found a reality far more complex than the headlines suggested. In Tangled Up in Blue, Brooks recounts her experiences inside the usually closed world of policing. From street shootings and domestic violence calls to the behind-the-scenes police work during Donald Trump's 2016 presidential inauguration, Brooks presents a revelatory account of what it's like inside the "blue wall of silence." She issues an urgent call for new laws and institutions, and argues that in a nation increasingly divided by race, class, ethnicity, geography, and ideology, a truly transformative approach to policing requires us to move beyond sound bites, slogans, and stereotypes. An explosive and groundbreaking investigation, Tangled Up in Blue complicates matters rather than simplifies them, and gives pause both to those who think police can do no wrong—and those who think they can do no right.
Law and Leviathan
Author | : Cass R. Sunstein |
Publisher | : Harvard University Press |
Total Pages | : 209 |
Release | : 2020-09-15 |
Genre | : Law |
ISBN | : 0674247531 |
From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.