United States Code

United States Code
Author: United States
Publisher:
Total Pages: 1506
Release: 2013
Genre: Law
ISBN:

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Punishment Without Trial

Punishment Without Trial
Author: Carissa Byrne Hessick
Publisher: Abrams
Total Pages: 248
Release: 2021-10-12
Genre: Law
ISBN: 164700103X

From a prominent criminal law professor, a provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it—now in paperback When Americans think of the criminal justice system, the image that comes to mind is a trial-a standard court­room scene with a defendant, attorneys, a judge, and most important, a jury. It's a fair assumption. The right to a trial by jury is enshrined in both the body of the Constitution and the Bill of Rights. It's supposed to be the foundation that undergirds our entire justice system. But in Punishment Without Trial: Why Plea Bargaining Is a Bad Deal, University of North Carolina law professor Carissa Byrne Hessick shows that the popular conception of a jury trial couldn't be further from reality. That bed­rock constitutional right has all but disappeared thanks to the unstoppable march of plea bargaining, which began to take hold during Prohibition and has skyrocketed since 1971, when it was affirmed as constitutional by the Supreme Court. Nearly every aspect of our criminal justice system encourages defendants-whether they're innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and pun­ishing citizens because it's the path of least resistance. Professor Hessick makes the case against plea bargaining as she illustrates how it has damaged our justice system while presenting an innovative set of reforms for how we can fix it. An impassioned, urgent argument about the future of criminal justice reform, Punishment Without Trial will change the way you view the criminal justice system.

Public Workers

Public Workers
Author: Joseph E. Slater
Publisher: Cornell University Press
Total Pages: 271
Release: 2017-04-15
Genre: History
ISBN: 1501707477

From the dawn of the twentieth century to the early 1960s, public-sector unions generally had no legal right to strike, bargain, or arbitrate, and government workers could be fired simply for joining a union. Public Workers is the first book to analyze why public-sector labor law evolved as it did, separate from and much more restrictive than private-sector labor law, and what effect this law had on public-sector unions, organized labor as a whole, and by extension all of American politics. Joseph E. Slater shows how public-sector unions survived, represented their members, and set the stage for the most remarkable growth of worker organization in American history. Slater examines the battles of public-sector unions in the workplace, courts, and political arena, from the infamous Boston police strike of 1919, to teachers in Seattle fighting a yellow-dog rule, to the BSEIU in the 1930s representing public-sector janitors, to the fate of the powerful Transit Workers Union after New York City purchased the subways, to the long struggle by AFSCME that produced the nation's first public-sector labor law in Wisconsin in 1959. Slater introduces readers to a determined and often-ignored segment of the union movement and expands our knowledge of working men and women, the institutions they formed, and the organizational obstacles they faced.

An Introduction to U.S. Collective Bargaining and Labor Relations

An Introduction to U.S. Collective Bargaining and Labor Relations
Author: Harry C. Katz
Publisher: Cornell University Press
Total Pages: 487
Release: 2017-09-15
Genre: Political Science
ISBN: 1501713892

This comprehensive textbook provides an introduction to collective bargaining and labor relations with a focus on developments in the United States. It is appropriate for students, policy analysts, and labor relations professionals including unionists, managers, and neutrals. A three-tiered strategic choice framework unifies the text, and the authors’ thorough grounding in labor history and labor law assists students in learning the basics. In addition to traditional labor relations, the authors address emerging forms of collective representation and movements that address income inequality in novel ways. Harry C. Katz, Thomas A. Kochan, and Alexander J. S. Colvin provide numerous contemporary illustrations of business and union strategies. They consider the processes of contract negotiation and contract administration with frequent comparisons to nonunion practices and developments, and a full chapter is devoted to special aspects of the public sector. An Introduction to U.S. Collective Bargaining and Labor Relations has an international scope, covering labor rights issues associated with the global supply chain as well as the growing influence of NGOs and cross-national unionism. The authors also compare how labor relations systems in Germany, Japan, China, India, Brazil, and South Africa compare to practices in the United States. The textbook is supplemented by a website (ilr.cornell.edu/scheinman-institute/research/introduction-us-collective-bargaining-and-labor-relations) that features an extensive Instructor’s Manual with a test bank, PowerPoint chapter outlines, mock bargaining exercises, organizing cases, grievance cases, and classroom-ready current events materials.

Plea Bargaining’s Triumph

Plea Bargaining’s Triumph
Author: George Fisher
Publisher: Stanford University Press
Total Pages: 424
Release: 2003
Genre: Law
ISBN: 9780804751353

Though originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early nineteenth century to its present pervasive role. Through the first three quarters of the nineteenth century, judges showed far less enthusiasm for plea bargaining than did prosecutors. After all, plea bargaining did not assure judges “victory”; judges did not suffer under the workload that prosecutors faced; and judges had principled objections to dickering for justice and to sharing sentencing authority with prosecutors. The revolution in tort law, however, brought on a flood of complex civil cases, which persuaded judges of the wisdom of efficient settlement of criminal cases. Having secured the patronage of both prosecutors and judges, plea bargaining quickly grew to be the dominant institution of American criminal procedure. Indeed, it is difficult to name a single innovation in criminal procedure during the last 150 years that has been incompatible with plea bargaining’s progress and survived.

Collective Bargaining in the Public Sector: The Experience of Eight States

Collective Bargaining in the Public Sector: The Experience of Eight States
Author: Joyce M. Najita
Publisher: Routledge
Total Pages: 252
Release: 2015-02-12
Genre: Business & Economics
ISBN: 1317474198

Unlike Europe, where most public sector workers have long been included in collective bargaining agreements, the United States excluded public employees from such legislation until the 1960s and 70s. Since then, union membership in the U. S. has grown more rapidly among public workers than among workers in the private sector. This book provides up-to-date information on public sector collective bargaining in the United States today. The editors' seek to understand the real nature of PSB by examining eight states where the action is taking place -- California, Hawaii, Illinois, Michigan, New Jersey, New York, Pennsylvania, and Wisconsin. The chapters offer unique case studies of legal origins, developments, and challenges to collective bargaining; negotiations experience and outcomes; discussion of legislation; and emphasis of histoical development as well as current practice.