Résultats Éditeur "Tantor Media" dans Droit

Thomas Jefferson, author of the Declaration of Independence, and James Madison, "Father of the Constitution," were two of the most important Founders of the United States as well as the closest of political allies. Yet historians have often seen a tension between the idealistic rhetoric of the Declaration and the more pedestrian language of the Constitution. Moreover, to some, the adoption of the Constitution represented a repudiation of the democratic values of the Revolution.

Alan Dershowitz has been called "one of the most prominent and consistent defenders of civil liberties in America" by Politico and "the nation's most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights" by Newsweek. He is also a fair-minded and even-handed expert on the Constitution and our civil liberties, and in this book offers his knowledge and insight to help listeners understand the war being waged against free speech by the ostensibly well-meaning forces seeking to constrain this basic right.

In the wake of the September 11 terror attacks, the American government implemented a wave of overt policies to fight the nation's enemies. Unseen and undetected by the public, however, another set of tools were brought to bear on the domestic front. One of today's leading experts on the US security state shows how these "subtle tools" imperiled the very foundations of democracy, from the separation of powers and transparency in government to adherence to the Constitution. Karen Greenberg describes the subtle tools that were forged under George W. Bush in the name of security.

The Conscience of Care lays bare the broken system of medical conscience and sets out to fix it. Fox canvases a landscape of contested services that include IVF, IUDs, opioids, psychedelics, organ transplants, and advance directives.

Environmental justice recognizes that environmental benefits and burdens should be distributed fairly, and that the people making policy decisions should incorporate the views of those most often harmed: people of color, Indigenous populations, low-income communities, and those who are underserved and disenfranchised for other reasons such as age, gender, or disability. It encompasses not only traditional environmental issues like clean air and clean water, but also social issues such as employment, nutrition, and access to health care.

Cannabis's recent history has been marked by politically motivated prohibition, despite centuries of cultivation. How did we get here and what can we do about it? In The Flowers of Good, neuroscientist Sidarta Ribeiro offers a brief history of the ancient herb and describes how collective human achievements domesticated this incredibly versatile plant and how racism and conservatism conspired to demonize it.

Christian Davis, a former big-firm lawyer turned social justice warrior, has just been assigned the case of his life by the State of California. Jamel Jackson, a sixteen-year-old black boy, has just been convicted for the brutal rape of a prominent movie star. Christian digs into the case with gusto, as he examines the trial court transcript for any hint that the trial court might have erred in Jamel's case. As he gets into the investigation of the case, he's shocked at what he has found. Corruption at the highest level is staring him in the face.

Drawing on an array of primary sources in multiple languages, Farzin Vejdani argues that the ambiguity in defining the boundaries between private and public in Qajar Iran often corresponded with the jurisdictional friction between government authorities and religious scholars regarding who had the authority to police and punish public crimes.

Most people are familiar with the concept and understand that fraud is prohibited by law. What many fail to appreciate, however, is that the law does not treat all frauds equally. In a perverse sense, the bigger the fraud, the more likely it is protected by the First Amendment and therefore legal. In addition to exposing the depths of the problem, Henricksen gives listeners a way forward. By revealing for the first time the root legal cause of the misinformation crisis and presenting novel solutions, In Fraud We Trust speaks to the present moment as it offers answers for the future.

The story they have chosen to tell is wrong. It is time to tell a better story. Thus begins Keith Richotte's playful, unconventional look at Native American and Supreme Court history. When the Supreme Court first embraced plenary power in the 1880s, it did not bother to seek any legal justification for the decision—it was simply rooted in racist ideas about tribal nations. By the 21st century, however, the Supreme Court was telling a different story, with opinions crediting the U.S. Constitution as the explicit source of federal plenary power.

When a police officer stood at his bedroom door on August 3, 1982, Michael Hardwick had no idea that he would become an avatar of the gay rights movement. Arrested for sodomy, Hardwick sued for his right to privacy all the way to the Supreme Court, as the HIV/AIDS epidemic spiraled. When he lost, his era-defining case inspired a half-million people to protest against the Court. Today Bowers v. Hardwick continues to reverberate as the rights of privacy underpinning abortion, contraception, and same-sex relationships come under fire.

Criminal Justice in Divided America shows how police, courts, and prisons helped to break American democracy and how better approaches to public safety and criminal accountability can help to repair it. Engaging critically with concerns from both the left and the right, Sklansky lays out a clear and deeply researched agenda for reforming police departments, prosecutors' offices, criminal trials, and punishment Sklansky seeks pragmatic solutions that take account of political realities.

Deaths resulting from interactions with the US criminal legal system are a public health emergency, but the scope of this issue is intentionally ignored by the very systems that are supposed to be tracking these fatalities. In order to make a real difference and address this human rights problem, researchers and policy makers need reliable data.

Through a rich discussion of literature and case studies, he shows that there are compelling reasons to think that the police's widespread use of proactive deception and dishonesty is inconsistent with fundamental norms of political morality—especially norms regarding fraud and the rule of law. Although there are times and places for dishonesty and deception in policing, Hunt evocatively illustrates why those times and places should be much more limited than current practices suggest.

What does it take to make a dictator answer for his crimes? Hissene Habre, the former despot of Chad, terrorized, tortured, and killed on a horrific scale over eight years in power—while enjoying full American and Western support. After Habre's overthrow, his victims and their supporters were determined to see him held responsible for his atrocities. Their quest for justice would be long, tense, and unnerving, but they would not back down.

Vincent Schiraldi was New York City probation commissioner under Mayor Bloomberg, supervising a system charged with monitoring 30,000 people on a daily basis. In Mass Supervision, he combines firsthand experience with deep research on the inadequately explored practices of probation and parole, to illustrate how these forms of state supervision have strayed from their original goal of providing constructive and rehabilitative alternatives to prison. They have become instead, Schiraldi argues, a "recidivism trap" for people trying to lead productive lives in the wake of a criminal conviction.

Drawing on databases of cases filed, news reports, and other sources, Susan M. Sterett argues that governing during the pandemic must include the human institutions intertwined with the effects of the virus. Those institutions reveal problems well beyond the reach of technical expertise. Failures in private insurance as a way of governing risk, conflicts about the primacy of religion, government authority, and health, are problems that predated the pandemic and will persist in future disasters.

In Fear and the First Amendment, Kevin A. Johnson and Craig R. Smith offer an examination of the ways fear figures in First Amendment questions ruled on by the Supreme Court. Johnson and Smith focus on the rulings from the Roberts Court. Each chapter in this book analyzes one or more First Amendment cases and a variety of related fears that pertain to a given case.

Critical race theory (CRT), a vital movement and discipline in American legal scholarship, has transformed our understanding of systemic racism. Yet despite insightful analysis revealing the threads of racism embedded in American institutions and society, it has been demonized by opponents at every turn. The Origins of Critical Race Theory weaves together the many sources of critical race theory, recounting the origin story for one of the most insightful and controversial academic movements in U.S. history.

Comparative Law: A Very Short Introduction aims to offer a concise introduction to comparative law-its objectives, methods, concepts, and uses. After an overview of the fundamental definitions, key concepts, and basic lexicon of the discipline, the book proposes an analysis of the most successful techniques adopted in legal comparison for mapping the world's legal systems and for explaining legal change and diffusion of law, also giving a concise description of the legal traditions of the world.