Cases and Materials on Social Justice

Professionals, Communities, and Law

Author: Martha R. Mahoney,John O. Calmore,Stephanie M. Wildman

Publisher: West Group

ISBN: 9780314257130

Category: Law

Page: 1136

View: 4617

This law school casebook provides materials enabling the study of law and lawyering for social justice. It will help students gain a richer view of the profession than they gain in most law school courses, and stimulate them to think broadly about the role of lawyers in working with contemporary movements for social change. Also reviews the strategies and activities of social justice lawyers in collaboration with community activists. These issues are explored systematically, allowing emphasis on different themes and substantive areas depending on the interests and focus of a particular course.

Social Justice

Professionals, Communities, and Law

Author: Martha R. Mahoney,John O. Calmore,Stephanie M. Wildman

Publisher: West Academic Publishing

ISBN: 9780314926982

Category: Law

Page: 1195

View: 3946

This casebook provides materials on law, lawyers, and social justice and helps students understand the complicated relationship between law and activism. Now used in law school classrooms, clinics, and undergraduate courses, this text enriches students' view of the legal profession and stimulates them to think broadly about the roles of lawyers who work for social change. In three parts a system of lawyers, a system of law, and a system of politics the book provides both historic perspective and a modern blueprint. Students will explore the meaning of rights and the ways in which movements and lawyers defend existing rights and mobilize for new rights claims. The second edition preserves the organization and coverage of the popular first edition, with new notes, citations to recent literature, and excerpts that address cutting edge issues. Revisions and additions include recent federal reforms that reduce the burden of student loan repayment, work toward a right to counsel in civil cases, "low bono" legal services, the economic crisis and recession, Hurricane Katrina, the impact of foreclosures on inner cities, and gains and challenges in the struggle for equality for sexual minorities. The campaign for marriage equality provides new opportunities to address effective methods for achieving social change and the impact of temporary setbacks on movements, tactics, and law. Sections of the book are suitable for use in courses on professional responsibility, community lawyering, law and social change, and clinical skills.

Lawyers' Ethics and the Pursuit of Social Justice

A Critical Reader

Author: Susan D. Carle

Publisher: NYU Press

ISBN: 0814772749

Category: Law

Page: 425

View: 7517

Legal ethics should be far more than a set of rules on professional responsibility; they can serve as a means for changing power relations, empowering the disenfranchised, and advocating progressive social change. Lawyers’ Ethics and the Pursuit of Social Justice broadens the discussion on legal ethics by first introducing the historical and theoretical background and then connecting it to real world issues while addressing lawyers' ethical obligations to work for social justice. The reader features differing critical approaches and opens up new avenues of ethical debate. While the literature included is diverse and interdisciplinary, it shares a vision of legal ethical inquiry as a means for changing power relations, empowering the disenfranchised, and advocating progressive social change. Through a combination of provocative selections, lively writing, concrete examples of cases and social movements, and incisive editorial commentary, Lawyers ’Ethics and the Pursuit of Social Justice defines the emergence of an exciting new field of critical legal ethics scholarship.

Law and the Mental Health System

Civil and Criminal Aspects

Author: Christopher Slobogin,Arti Rai,Ralph Reisner

Publisher: West Academic Publishing

ISBN: 9780314183644

Category: Law

Page: 1381

View: 831

This leading textbook provides a comprehensive treatment of the law governing people with mental disability and the mental health professions. The fifth edition continues to provide teachable and thought-provoking legal, clinical and empirical materials for a number of different courses, including mental disability law, law and the mental health professions, and criminal mental health law. New with this edition are extensive materials on the Virginia Tech shooting, the Supreme Court opinions in Clark v. Arizona, Panetti v. Quarterman, and Indiana v. Edwards and recent case law on the right to refuse treatment, as well as updates on federal confidentiality rules; expertise/Daubert issues; civil commitment; competency, sexual predator, and capital sentencing law; and the Individuals with Disabilities Education Act and the ADA. Accompanied by a teacher's manual.

Criminal Justice in the United States, 1789–1939

Author: Elizabeth Dale

Publisher: Cambridge University Press

ISBN: 1139503154

Category: History

Page: N.A

View: 7173

This book chronicles the development of criminal law in America, from the beginning of the constitutional era (1789) through the rise of the New Deal order (1939). Elizabeth Dale discusses the changes in criminal law during that period, tracing shifts in policing, law, the courts and punishment. She also analyzes the role that popular justice - lynch mobs, vigilance committees, law-and-order societies and community shunning - played in the development of America's criminal justice system. This book explores the relation between changes in America's criminal justice system and its constitutional order.

Racial Justice and Law

Cases and Materials

Author: Ralph Banks,Kim Forde-Mazrui,Cristina Rodriguez,Guy-Uriel Charles

Publisher: Foundation Press

ISBN: 9781609302306

Category:

Page: 1033

View: 7378

White Supremacy pervades American history. Moreover, notwithstanding landmark civil rights gains and egalitarian aspirations, America remains segregated and unequal. This book examines the role of law in reinforcing and ameliorating racial injustice. Although surveying key historical precedents, its primary focus is the present. The book examines contemporary controversies across a variety of settings, animated by three fundamental questions: What is the current racial order? To what extent is it unjust? How can law and legal actors advance a more racially just order? The book uses cases, statutes andother sources of law, supplemented by problems and exercises, to equip students to both critique and construct pragmatic solutions to race-related controversies.

No Equal Justice

Author: David Cole

Publisher: ReadHowYouWant.com

ISBN: 1459604199

Category:

Page: 384

View: 7994

First published a decade ago, No Equal Justice is the seminal work on race- and class-based double standards in criminal justice. Hailed as a ''shocking and necessary book'' by The Economist, it has become the standard reference point for anyone trying to understand the fundamental inequalities in the American legal system. The book, written by constitutional law scholar and civil liberties advocate David Cole, was named the best nonfiction book of 1999 by the Boston Book Review and the best book on an issue of national policy by the American Political Science Association. No Equal Justice examines subjects ranging from police behavior and jury selection to sentencing, and argues that our system does not merely fail to live up to the promise of equality, but actively requires double standards to operate. Such disparities, Cole argues, allow the privileged to enjoy constitutional protections from police power without paying the costs associated with extending those protections across the board to minorities and the poor. For this new, tenth-anniversary paperback edition, Cole has completely updated and revised the book, reflecting the substantial changes and developments that have occurred since first publication.

Courting Justice

Gay Men And Lesbians V. The Supreme Court

Author: Joyce Murdoch,Deb Price

Publisher: N.A

ISBN: 9780786730940

Category: Law

Page: 592

View: 5240

Since 1958, twenty-five men and two women have forced the Supreme Court to consider whether the Constitution's promises of equal protection apply to gay Americans. Here Joyce Murdoch and Deb Price reveal how the nation's highest court has reacted to these cases--from the surprising 1958 victory of a tiny homosexual magazine to the 2000 defeat of a gay Eagle Scout. A triumph of investigative reporting, Courting Justice gives us an inspiring new perspective on the struggle for civil rights in America.

Chronotopes of Law

Jurisdiction, Scale and Governance

Author: Mariana Valverde

Publisher: Routledge

ISBN: 1134714726

Category: Law

Page: 224

View: 5094

This book develops a new framework for analyzing the spatio-temporal workings of law and other forms of governance. Chronotopes of Law argues that studies of law and governance can be reinvigorated by drawing on a bundle of quite heterogenous analytical tools that do not have a single provenance or a single political or normative aim but that work well in combination. Analyses of legal temporality carried out by anthropologists and studies of law and space undertaken by geographers and legal scholars have proliferated in recent years, but these research traditions have remained largely separate. By adapting notions such as intertextuality, dialogism, and the ‘chronotope’ from Mikhail Bakhtin, notions designed specifically to synthesize considerations of space and time in a framework that is open-ended, interactive and dynamic, Mariana Valverde develops an anti-metaphysical theory and method for legal studies. This approach will be useful both to theorists and to researchers seeking to illuminate the actual workings of law and other forms of governance. Indeed, a key aim of the book is to break down the institutional and disciplinary barriers that prevent theorists from learning from empirical studies and viceversa. Written by one of the foremost sociolegal scholars writing today, this theoretically innovative work constitutes a major contribution to contemporary studies in law and society.

Criminal Law

Cases and Materials

Author: Cynthia Lee,Angela P. Harris

Publisher: N.A

ISBN: 9780314282866

Category: Law

Page: 1015

View: 992

This text, the only criminal law casebook authored by two progressive female law professors of color, provides the reader with both critical race and critical feminist theory perspectives on criminal law while following a traditional format. All of the usual subject areas are covered, but the book is unique in highlighting the cultural context of substantive criminal law. The book seamlessly integrates issues of race, gender, class, and sexual orientation so the teacher who wishes to address such issues does not have to assign supplemental reading assignments in order to do so. The book is also very student-friendly, providing a brief doctrinal overview of the subject matter at the beginning of each chapter. The book does away with the tradition of long lists of notes and questions following the cases, a trademark feature of many older casebooks, putting this material in the Teachers Manual for the teacher to use at his or her discretion. The forthcoming third edition is fresh and innovative, referencing several ripped from the headlines controversies, including the shooting of Trayvon Martin by George Zimmerman and Florida's stand your ground law, the arrest of African American Harvard professor Henry Louis Gates, Jr. for disorderly conduct, the shooting of Larry King, a gender nonconforming teenager, by classmate Brandon McInerney and the gay panic defense, and the repeal of North Carolina's Racial Justice Act.

International Women's Rights, Equality, and Justice

A Context and Practice Casebook

Author: Christine M. Venter

Publisher: N.A

ISBN: 9781594607080

Category: Law

Page: 503

View: 3757

International Women's Rights, Equality and Justice explores the history and development of women's rights in the context of international human rights law. From the 1848 Seneca Declaration to the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to the present day, women's struggles for rights, freedom from discrimination, and equality are canvassed.The book details gender based claims brought in domestic courts, as well as those brought in regional or international fora, and explores the various remedies available, depending on where a claim is adjudicated. The text also canvasses the important contributions of NGOs, and challenges students to think about tactical, strategic, contextual and pragmatic choices that lawyers are called on to make when representing clients. Along with excerpts of cases and briefs, the text includes samples of complaint forms and instructions.International Women's Rights, Equality, and Justice could be used in a two or three credit specialized class, or as part of a general International Human Rights or Gender class. It also provides a useful collection of documents and overview of the law for policy makers.This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law & Associate Dean for Faculty and Academic Development, Washburn University School of Law.

Case Studies on Diversity and Social Justice Education

Author: Paul C. Gorski,Seema G. Pothini

Publisher: Routledge

ISBN: 135114250X

Category: Education

Page: 152

View: 4592

Case Studies on Diversity and Social Justice Education offers pre- and in-service educators an opportunity to analyze and reflect upon a variety of realistic case studies related to educational equity and social justice. The accessibly written cases allow educators to practice the process of considering a range of contextual factors, checking their own biases, and making immediate- and longer-term decisions about how to create and sustain equitable learning environments for all students. This revised edition adds ten new cases to offer greater coverage of elementary education, as well as topics such as body-shaming, Black Lives Matter, and transgender oppression. Existing cases have been updated to reflect new societal contexts, and streamlined for ease-of-use. The book begins with a seven-point process for examining case studies. Largely lacking from existing case study collections, this framework guides readers through the process of identifying, examining, reflecting on, and taking concrete steps to resolve challenges related to diversity and equity in schools. The cases themselves present everyday examples of the ways in which racism, sexism, homophobia and heterosexism, class inequities, language bias, religious-based oppression, and other equity and diversity concerns affect students, teachers, families, and other members of our school communities. They involve classroom issues that are relevant to all grade levels and content areas, allowing significant flexibility in how and with whom they are used. Although organized topically, the intersections of these issues are stressed throughout the cases, reflecting the complexities of real-life scenarios. All cases conclude with a series of questions to guide discussion and a section of facilitator notes, called ‘Points for Consideration.’ This unique feature provides valuable insight for understanding the complexities of each case.

Cases and Materials on State and Local Government Law

Author: Richard Briffault,Laurie Reynolds

Publisher: West Academic Publishing

ISBN: 9780314285010

Category: Local government

Page: 1164

View: 2816

The 8th Edition continues earlier editionsâe(tm) focus on the critical roles played by states and local governments and the complex structure of our state-local system. It challenges students to understand the competing models of local government that frame the field. It then takes that theoretical analysis to the hands-on questions of local government formation and boundary chan≥ home rule and state-local disputes; interlocal conflict and regional governance; spending, tax and debt limits; and service delivery. This Edition contains a new treatment of fiscal distress and municipal bankruptcy, and examines the state and local roles in such cutting edge issues as fracking, school finance, promoting social and economic equity, and economic development.

Cases on Reproductive Rights and Justice

Author: Melissa Murray,Kristin Luker

Publisher: Foundation Press

ISBN: 9781609304348

Category: Law

Page: 949

View: 972

The first casebook on the subject marks the contours of the field and provides a comprehensive understanding of the law and legal discourse relating to state regulation of sex, bodies, families, and reproduction. This compilation of rich historical and contemporary primary and secondary materials, accompanied by rigorous legal analysis, considers the economic, political, legal, and social factors that influence procreation and parenting. It is attentive to questions of race, ethnicity, socio-economic status, sexual orientation, and ability. Given that reproductive rights are implicated by different bodies of law, the casebook and teacher's manual will serve as guides to help balance expertise in one particular area of the law and enable well-rounded engagement with various issues.

Criminal Law

Cases and Materials

Author: John Kaplan,Robert Weisberg,Guyora Binder

Publisher: Wolters Kluwer Law & Business

ISBN: 1454881704

Category: Law

Page: 1115

View: 1202

Criminal Law: Cases and Materials, Eighth Edition is written by a well-respected authorship team that provides comprehensive examination of criminal law under both the Model Penal Code and common law. Interspersed with thoughtful excerpts that provide social, political, and criminological background the black letter law, this casebook focuses on an interdisciplinary approach that provides a useful starting point for classroom discussion. The eighth edition has been updated to provide coverage of recent changes in the law, especially in the areas of sentencing and the Eighth Amendment, and includes notes and questions, making the book more useful for exam preparation. Features: Improvements in the Teacher’s Manual designed to make casebook accessible and useful for new professors Updated to provide coverage of recent changes in the law, especially in the areas of sentencing and the Eighth Amendment Updated notes and questions making book more useful for exam preparation

U.S. Latinos and Criminal Injustice

Author: Lupe S. Salinas

Publisher: MSU Press

ISBN: 1628952350

Category: Social Science

Page: 378

View: 2957

Latinos in the United States encompass a broad range of racial, socioeconomic, and sociopolitical identities. Originating from the Caribbean, Spain, Central and South America, and Mexico, they have unique justice concerns. The ethnic group includes U.S. citizens, authorized resident aliens, and undocumented aliens, a group that has been a constant partner in the Latino legal landscape for over a century. This book addresses the development and rapid growth of the Latino population in the United States and how race-based discrimination, hate crimes, and other prejudicial attitudes, some of which have been codified via public policy, have grown in response. Salinas explores the degrading practice of racial profiling, an approach used by both federal and state law enforcement agents; the abuse in immigration enforcement; and the use of deadly force against immigrants. The author also discusses the barriers Latinos encounter as they wend their way through the court system. While all minorities face the barrier of racially based jury strikes, bilingual Latinos deal with additional concerns, since limited-English-proficient defendants depend on interpreters to understand the trial process. As a nation rich in ethnic and racial backgrounds, the United States, Salinas argues, should better strive to serve its principles of justice.

Education and the Law

Author: Stuart Biegel,Kevin Welner,Robert Kim

Publisher: West Academic Publishing

ISBN: 9781628101089

Category:

Page: 1116

View: 9162

Containing over 20% new content and two additional chapters, this updated casebook addresses legal and public policy issues and controversies affecting K-12 as well as higher education. In addition to fundamental caselaw, the book includes fifty-nine original hypotheticals, extensive material on technology-related issues, recent developments in First Amendment law, "guidance" from the Office for Civil Rights of the U.S. Department of Education, and a strong focus on equal access to quality education. Topical coverage includes campus safety and the criminal justice system, the rights of educators, bilingual education, disability rights law, race-conscious remedies, religion in the schools, LGBT-related controversies, gender equity, and expanded coverage of privacy law issues, the school-to-prison pipeline, cyber-bullying, the impact of "Race to the Top" and ESEA flexibility, the ongoing battle over K-12 teacher tenure rights, and the implications of the burgeoning charter school movement.

Miscarriages of Justice

Actual Innocence, Forensic Evidence, and the Law

Author: Brent E. Turvey,Craig M Cooley

Publisher: Academic Press

ISBN: 0124095283

Category: Law

Page: 416

View: 8568

Miscarriages of justice are a regular occurrence in the criminal justice system, which is characterized by government agencies that are understaffed, underfunded, and undertrained across the board. We know this because, every week, DNA testing and innocence projects across the United States help to identify and eventually overturn wrongful convictions. As a result, the exonerated go free and the stage is set for addressing criminal and civil liability. Criminal justice students and professionals therefore have a need to be made aware of the miscarriage problem as a threshold issue. They need to know what a miscarriage of justice looks like, how to recognize it's many forms, and what their duty of care might be in terms of prevention. They also need to appreciate that identifying miscarriages, and ensuring legal remedy, is an important function of the system that must be honored by all criminal justice professionals. The purpose of this textbook is to move beyond the law review, casebook, and true crime publications that comprise the majority of miscarriage literature. While informative, they are not designed for teaching students in a classroom setting. This text is written for use at the undergraduate level in journalism, sociology, criminology and criminal justice programs - to introduce college students to the miscarriage phenomenon in a structured fashion. The language is more broadly accessible than can be found in legal texts, and the coverage is multidisciplinary. Miscarriages of Justice: Actual Innocence, Forensic Evidence, and the Law focuses on the variety of miscarriages issues in the United States legal system. Written by leaders in the field, it is particularly valuable to forensic scientists and attorneys evaluating evidence or preparing for trial or appeal in cases where faulty evidence features prominently. It is also of value to those interested in developing arguments for miscarriage in post-conviction review of criminal cases. Chapters focus specifically on issues of law enforcement bias and corruption; false confessions; ineffective counsel and prosecutorial misconduct; forensic fraud; and more. The book closes by examining innocence projects and commissions, and civil remedies for the wrongfully convicted. This text ultimately presents the issue of miscarriages as a systemic and multi-disciplinary criminal justice issue. It provides perspectives from within the professional CJ community, and it serves as warning to future professionals about the dangers and consequences of apathy, incompetence, and neglect. Consequently, it can be used by any CJ educator to introduce any group of CJ students to the problem. Written by practicing criminal justice professionals in plain language for undergraduate students Covers multiple perspectives across the criminal justice system Informed by experience working for Innocence Projects across the United States to achieve successful exonerations Topical case examples to facilitate teaching and learning Companion website featuring Discussion topics, Exam questions and PowerPoint slides: http://textbooks.elsevier.com/web/Manuals.aspx?isbn=9780124115583

The Court and the World

American Law and the New Global Realities

Author: Stephen Breyer

Publisher: Vintage

ISBN: 1101912073

Category: Law

Page: 400

View: 3370

"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.

Criminal Procedure, Cases and Materials

Author: Cynthia Lee,L. Song Richardson,Tamara Lawson

Publisher: West Academic Publishing

ISBN: 9780314290205

Category: Criminal procedure

Page: 1061

View: 5197

This student-friendly text, the only criminal procedure casebook authored by three female law professors of color (who also bring diverse criminal justice system experiences as a former prosecutor, private criminal defense attorney and public defender), highlights social justice issues intertwined with the law of criminal procedure, integrating issues of race, class, gender, and sexual orientation where relevant.