13 results for "Public Policy"

Charged The New Movement to Transform American Prosecution and End Mass Incarceration

Emily Bazelon
NEW YORK TIMES BESTSELLER • A renowned journalist and legal commentator exposes the unchecked power of the prosecutor as a driving force in America’s mass incarceration crisis—and charts a way out. “An important, thoughtful, and thorough examination of criminal justice in America that speaks directly to how we reduce mass incarceration.”—Bryan Stevenson, author of Just Mercy “This harrowing, often enraging book is a hopeful one, as well, profiling innovative new approaches and the frontline advocates who champion them.”—Matthew Desmond, author of Evicted FINALIST FOR THE LOS ANGELES TIMES BOOK PRIZE • SHORTLISTED FOR THE J. ANTHONY LUKAS BOOK PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY NPR • The New York Public Library • Library Journal • Publishers Weekly • Kirkus Reviews The American criminal justice system is supposed to be a contest between two equal adversaries, the prosecution and the defense, with judges ensuring a fair fight. That image of the law does not match the reality in the courtroom, however. Much of the time, it is prosecutors more than judges who control the outcome of a case, from choosing the charge to setting bail to determining the plea bargain. They often decide who goes free and who goes to prison, even who lives and who dies. In Charged, Emily Bazelon reveals how this kind of unchecked power is the underreported cause of enormous injustice—and the missing piece in the mass incarceration puzzle. Charged follows the story of two young people caught up in the criminal justice system: Kevin, a twenty-year-old in Brooklyn who picked up his friend’s gun as the cops burst in and was charged with a serious violent felony, and Noura, a teenage girl in Memphis indicted for the murder of her mother. Bazelon tracks both cases—from arrest and charging to trial and sentencing—and, with her trademark blend of deeply reported narrative, legal analysis, and investigative journalism, illustrates just how criminal prosecutions can go wrong and, more important, why they don’t have to. Bazelon also details the second chances they prosecutors can extend, if they choose, to Kevin and Noura and so many others. She follows a wave of reform-minded D.A.s who have been elected in some of our biggest cities, as well as in rural areas in every region of the country, put in office to do nothing less than reinvent how their job is done. If they succeed, they can point the country toward a different and profoundly better future.
Random House Publishing Group 2020-05-05 448 pages

Dangerous Offenders The Elusive Target of Justice

Hauser Professor of Nonprofit Organizations Mark H Moore,Mark H. Moore,Susan R. Estrich,Robert Kingsley Professor of Law and Political Science Susan R Estrich,Daniel McGillis,William Spelman
Americans rank crime among the most urgent of social concerns. Overflowing prisons and public outcry have led many to propose that the criminal justice system could control crime more effectively by focusing on dangerous offenders. Recent social studies have suggested that serious criminality is highly concentrated and that high-rate offenders can be distinguished from others on the basis of prior criminal conduct, drug abuse, and employment record. Such studies urge judges to shift from rehabilitative sentencing to selective incapacitation, with longer prison sentences for convicted criminals who are deemed unusually dangerous. In response to these recommendations, some prosecutors' offices have established career criminal units designed to assure that repeat offenders will be prosecuted to the full measure of the law. Some police departments are experimenting with "perpetrator-oriented patrols" targeted on suspected high-rate offenders. The authors of this major book in criminal jurisprudence describe and analyze the intellectual and social challenge posed to public officials by this new thrust in criminal justice policy. They develop a framework for evaluating policies that focus on dangerous offenders. They first examine the general issues that arise as society considers the benefits and risks of concentrating on a particular category of criminals. They then outline how that approach might work at each stage of the criminal justice system--sentencing, pretrial detention, prosecution, and investigation. This cogently argued book provides much needed guidance on the crucial questions of whether sharpened attention to dangerous offenders is just, whether such a policy can be effective in managing the problem of crime, which applications seem particularly valuable, what the long-term risks to social institutions are, and what uncertainties must be monitored and resolved as the policy evolves.
Harvard University Press 2013-10 258 pages

Frontiers Of Justice

Martha Craven Nussbaum
Achieving social justice is one of the key challenges facing the world today scholars of political theory have long grappled with issues arising from it however, as the history of ideas shows, the concept itself has undergone much change over the centuries and there is no watertight definition of what ‘justice’ connotes in the contemporary context going beyond the existing frontiers of social justice, this unique volume aims to develop theoretical concepts able to respond to real dilemmas facing society today the author closely examines the classical social contract theory, one of the most widely accepted approaches to social justice in the western tradition she focuses in particular on the ideas of one of the greatest names in contemporary political philosophy, john rawls, whose work developed the theory to new philosophical depths and complexity nussbaum moves in a fresh direction and suggests that there is an inherent limitation within the social contract theory, even in the work of rawls—it is premised on the idea of a contract for mutual advantage among approximate equals she demonstrates that it is unable to address questions of social justice between unequal parties instead she goes on to develop a theory of social justice based on the ‘capabilities approach’, which she places generally within the tradition of ‘liberal conceptions’ the author analyses three social issues which could not be resolved, or even really addressed by traditional theories of justice—the problem of achieving justice for persons with physical and mental disability, of extending justice to all citizens of the world, and lastly the problem of doing justice in relation to the treatment of ‘non-human animals’ she helps us to think more clearly about the purpose of political cooperation and the nature of political principles—and to look to a future of greater justice for all
Oxford University Press 2007-05-18 487 pages

Eurolegalism: the transformation of law and regulation in the European Union

Kelemen, R. Daniel
Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.
Harvard University Press 2011-04 366 pages

The reproach of hunger: food, justice, and money in the twenty-first century

Rieff, David
"In a groundbreaking book based on six years of reporting, leading expert on humanitarian aid and development David Rieff offers a review of whether the end of extreme poverty and widespread hunger are within our reach. Some of the most brilliant scientists, world politicians, and development experts agree that the eradication of hunger is an essential task for the new millennium. Yet in the last decade, the prices of wheat, soy and rice have soared. This has condemned the hundreds of millions of the world's population who live on less than one dollar per day to a state of hunger and insecurity. Rieff searches for the causes of this food security crisis, as well as what lies behind the failures to respond to disaster: failures to address climate change, poor governance, and misguided optimism. Rieff cautions against the increased privatization of aid, as well as the interventions of celebrity campaigners, whose business-led solutions rob development of political urgency. He dismisses the idle hope of Bill Gates and Warren Buffett that food scarcity can be solved by technological innovation alone. The path ahead, Rieff reminds us, demands we rethink the fundamental causes of the world's grotesque inequalities and understand that what is at stake is a political challenge we are failing to confront".
Simon & Schuster 2015-10-06 402 pages

The Races of Mankind

Ruth Benedict,Gene Weltfish
2020 Reprint of the 1943 Edition. Full facsimile of the original edition and not reproduced with Optical Recognition software. Published on October 25, 1943, The Races of Mankind makes the argument that all the world's humans are biologically the same. Written by anthropologists Ruth Benedict and Gene Weltfish and illustrated by Ad Reinhardt, The Races of Mankind attacked Nazi party racial policies and urged mankind to see past superficial differences and live in harmony. The pamphlet was a publication of The Public Affairs Committee, a non-profit educational organization whose purpose was "to make available in summary and inexpensive form the results of research on economic and social problems to aid in the understanding and development of American policy" (Benedict and Weltfish, 1943). The idea of scientific racial equality, however, was not met with universal agreement. When the U.S. Army ordered 55,000 copies, members of Congress labeled the pamphlet "communistic" and its use by the Army was banned. Still, the scientific pamphlet's popularity grew, and by 1945 three-quarters of a million copies were in circulation (Abraham, 2012).
Martino Fine Books 2020-04-20 36 pages

Regulating Business by Independent Commission

Marver H. Bernstein
A critical examination of the role of the independent regulatory commissions, attempting to develop a more realistic concept of the process of governmental regulation and to appraise the independent commission as an agent of governmental regulation at the national level. Originally published in 1955. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Princeton University Press 2015-12-08 320 pages

Weak courts, strong rights: judicial review and social welfare rights in comparative constitutional law

Tushnet, Mark V.
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights , Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Princeton University Press 2009-08-09 272 pages

Is NAFTA Constitutional?

Bruce Ackerman,David Golove
By a vote of 61 to 38, the Senate joined the House in declaring that "Congress approves...the North American Free Trade Agreement." The vote was virtually unnoticed, since the real battle over NAFTA was in the House. But there is a puzzle here. The President, the Framers assure us, "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur." Whatever happened to the Treaty Clause? Bruce Ackerman and David Golove tell the story of the Treaty Clause's being displaced in the twentieth century by a modern procedure in which the House of Representatives joins the Senate in the process of consideration, but simple majorities in both Houses suffice to commit the nation. This is called the Congressional-Executive Agreement, and is a response to a sea change in public opinion during and after World War II. This agreement substituted for a failed constitutional amendment that would have required all treaties to be approved by majorities in both Houses rather than by two-thirds of the Senate. The modern Congressional-Executive Agreement was self-consciously developed in order to make formal constitutional amendment unnecessary. So, is NAFTA constitutional? This book is reprinted from the Harvard Law Review .
Harvard University Press 2013-10 129 pages