BiblioVault - Books about Criminal justice, Administration of

The Patent Crisis and How the Courts Can Solve It

Dan L. Burk and Mark A. Lemley

University of Chicago Press, 2009

Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescription drugs wreak havoc on information technologies and vice versa. According to Dan L. Burk and Mark A. Lemley in The Patent Crisis and How the Courts Can Solve It, courts should use the tools the patent system already gives them to treat patents in different industries differently. Industry tailoring is the only way to provide an appropriate level of incentive for each industry.

Burk and Lemley illustrate the barriers to innovation created by the catch-all standards in the current system. Legal tools already present in the patent statute, they contend, offer a solution—courts can tailor patent law, through interpretations and applications, to suit the needs of various types of businesses. The Patent Crisis and How the Courts Can Solve It will be essential reading for those seeking to understand the nexus of economics, business, and law in the twenty-first century.

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Pobre Raza!

Violence, Justice, and Mobilization among México Lindo Immigrants, 1900-1936

By F. Arturo Rosales

University of Texas Press, 1999

Fleeing the social and political turmoil spawned by the Mexican Revolution, massive numbers of Mexican immigrants entered the southwestern United States in the early decades of the twentieth century. But instead of finding refuge, many encountered harsh, anti-Mexican attitudes and violence from an Anglo population frightened by the influx of foreigners and angered by anti-American sentiments in Mexico.

This book examines the response of Mexican immigrants to Anglo American prejudice and violence early in the twentieth century. Drawing on archival sources from both sides of the border, Arturo Rosales traces the rise of "México Lindo" nationalism and the efforts of Mexican consuls to help poor Mexican immigrants defend themselves against abuses and flagrant civil rights violations by Anglo citizens, police, and the U.S. judicial system. This research illuminates a dark era in which civilian and police brutality, prejudice in the courtroom, and disproportionate arrest, conviction, and capital punishment rates too often characterized justice for Mexican Americans.

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POLICING THE CITY

CRIME & LEGAL AUTHORITY IN LONDON, 1780-1840

ANDREW T. HARRIS

The Ohio State University Press, 2004

In Policing the City, Harris seeks to explain the transformation of criminal justice, particularly the transformation of policing, between the 1780s and 1830s in the City of London. As utilitarian legal reformers argued that criminal deterrence ought to be based on certain and rational punishment rather than random execution, they also had to control the discretionary authority of enforcement. This meant in theory and practice the centralization of policing in the 1830s, and the end of local policing, which was seen as corrupt, inefficient, and unsuitable for rational criminal justice. Revolutionary changes in policing began locally, however, in the 1780s. Such local changes preceded and inspired national reforms, and local policing up to the centralizing measures of the 1830s remained dynamic, responsive, and locally accountable right until its demise. Anxiety about policing had as much to do with the social origins of the police as it did about the origins of criminality, and control over the discretionary authority of watchmen and constables played a larger role in criminal justice reform than the nature of crime. The national, metropolitan, and City police reforms of the late 1830s were thus the culmination of a contentious argument over the meanings of justice, efficiency, and order, rather than its beginning. Harris's evidence reveals how what we've come to think of as “modern” policing evolved out of local practice and reflects shifts in wider debates about crime, justice, and discretionary authority.

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The Policy Dilemma

Federal Crime Policy and the Law Enforcement Assistance Administration, 1968-1978

Malcolm Feeley

University of Minnesota Press, 1981

The Policy Dilemma was first published in 1981.What can and should the federal government do to solve complex social problems? Malcolm M. Feeley and Austin D. Sarat address this question in the context of one important issue, the problem of crime. They examine a major federal program, the Law Enforcement Assistance Administration, and show how its operation is shaped and reflects what they call the “policy dilemma.” In response to the public’s demands, the government tries to do too much and promises more than it can deliver. While The Policy Dilemma is first of all a study of the federal government’s attempts to reform and improve criminal justice, it also examines broader issues of public policy making. The problems faced by the LEAA in crime control are shared by all governmental attempts to attack large, insufficiently defined social problems.The authors base their conclusions on extensive interviews with federal, state, and local officials responsible for implementing the Safe Streets Act, including members of ten state planning agencies. In conclusion, Feeley and Sarat summarize the problems of the Safe Streets Act and review congressional attempts at revision and reorganization. They argue that those attempts will only prolong the policy dilemma. The failure of the LEAA, they suggest, is not just a failure of administration but of concept and political theory.

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Poor Discipline

Jonathan Simon

University of Chicago Press, 1993

This powerful book reveals how modern strategies of punishment—and, by all accounts, their failure—relate to political and economic transformations in society at large. Jonathan Simon uses the practice of parole in California as a window to the changing historical understanding of what a corrections system does and how it works. Because California is representative of policies and practices on a national level, Simon explicitly presents his findings within a national framework.

When parole first emerged as a corrections strategy in the nineteenth century, work was supposed to keep ex-prisoners out of trouble. This strategy foundered in the changing economy after World War II. What followed was a rehabilitative strategy, where the clinical expertise of the parole agent replaced the discipline of the industrial labor market in defining and controlling criminal deviance. Today, Simon argues, as drastic changes in the economy have virtually locked out an entire class, rehabilitation has given way to mere management. The effect is isolation of the offender, either in jail or in an underclass community; the result is an escalating cycle of imprisonment, destabilization, and insecurity.

No significant improvement in the current penal crisis can be expected until we better understand the relationship between punishment and social order, a relationship which this book explores in theoretical, historical, and practical detail.

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Prisoners after War

Veterans in the Age of Mass Incarceration

Jason A. Higgins

University of Massachusetts Press, 2024

The United States has both the largest, most expensive, and most powerful military and the largest, most expensive, and most punitive carceral system in the history of the world. Since the American War in Vietnam, hundreds of thousands of veterans have been incarcerated after their military service.

Identifying the previously unrecognized connections between American wars and mass incarceration, Prisoners after War reaches across lines of race, class, and gender to record the untold history of incarcerated veterans over the past six decades. Having conducted dozens of oral history interviews, Jason A. Higgins traces the lifelong effects of war, inequality, disability, and mental illness, and explores why hundreds of thousands of veterans, from Vietnam to Afghanistan, were caught up in the carceral system. This original study tells an intergenerational history of state-sanctioned violence, punishment, and inequality, but its pages also resonate with stories of survival and redemption, revealing future possibilities for reform and reparative justice.

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Prisoners of Politics

Breaking the Cycle of Mass Incarceration

Rachel Elise Barkow

Harvard University Press, 2019

A CounterPunch Best Book of the Year
A Lone Star Policy Institute Recommended Book

“If you care, as I do, about disrupting the perverse politics of criminal justice, there is no better place to start than Prisoners of Politics.”
—James Forman, Jr., author of Locking Up Our Own

The United States has the highest rate of incarceration in the world. The social consequences of this fact—recycling people who commit crimes through an overwhelmed system and creating a growing class of permanently criminalized citizens—are devastating. A leading criminal justice reformer who has successfully rewritten sentencing guidelines, Rachel Barkow argues that we would be safer, and have fewer people in prison, if we relied more on expertise and evidence and worried less about being “tough on crime.” A groundbreaking work that is transforming our national conversation on crime and punishment, Prisoners of Politics shows how problematic it is to base criminal justice policy on the whims of the electorate and argues for an overdue shift that could upend our prison problem and make America a more equitable society.

“A critically important exploration of the political dynamics that have made us one of the most punitive societies in human history. A must-read by one of our most thoughtful scholars of crime and punishment.”
—Bryan Stevenson, author of Just Mercy

“Barkow’s analysis suggests that it is not enough to slash police budgets if we want to ensure lasting reform. We also need to find ways to insulate the process from political winds.”
—David Cole, New York Review of Books

“A cogent and provocative argument about how to achieve true institutional reform and fix our broken system.”
—Emily Bazelon, author of Charged

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Prisons of Poverty

Loïc Wacquant

University of Minnesota Press, 2009

Privatising Justice

The Security Industry, War and Crime Control

John Lea and Wendy Fitzgibbon

Pluto Press, 2020

Privatising Justice takes a broad historical view of the role of the private sector in the British state, from private policing and mercenaries in the eighteenth century to the modern rise of the private security industry in armed conflict, policing and the penal system.

The development of the welfare state is seen as central to the decline of what the authors call 'old privatisation'. Its succession by neoliberalism has created the ground for the resurgence of the private sector. The growth of private military, policing and penal systems is located within the broader global changes brought about by neoliberalism and the dystopian future that it portends.

The book is a powerful petition for the reversal of the increasing privatization of the state and the neoliberalism that underlies it.

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The Privatization of Policing

Two Views

Brian Forst and Peter K. Manning

Georgetown University Press, 1999

The increasing reliance on private security services raises questions about the effects of privatization on the quality of public police forces, particularly in high-crime, low-income areas. In an effective pro-and-con format, two experts on policing offer two strikingly different perspectives on this trend towards privatization. In the process, they provide an unusually thoughtful discussion of the origins of both the public police and the private security sectors, the forces behind the recent growth of private security operations, and the risks to public safety posed by privatization.

In his critique of privatization, Peter K. Manning focuses on issues of free market theory and management practices such as Total Quality Management that he believes are harmful to the traditional police mandate to control crime. He questions the appropriateness of strategies that emphasize service to consumers. For Brian Forst, the free market paradigm and economic incentives do not carry the same stigma. He argues that neither public nor private policing should have a monopoly on law enforcement activities, and he predicts an even more varied mix of public and private police activities than are currently available.

Following the two main sections of the book, each author assesses the other's contribution, reflecting on not just their points of departure but also on the areas in which they agree. The breadth and depth of the discussion makes this book essential for both scholars and practitioners interested in policing generally and privatization in particular.

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Punishment and Inequality in America

Bruce Western

Russell Sage Foundation, 2006

Over the last thirty years, the prison population in the United States has increased more than seven-fold to over two million people, including vastly disproportionate numbers of minorities and people with little education. For some racial and educational groups, incarceration has become a depressingly regular experience, and prison culture and influence pervade their communities. Almost 60 percent of black male high school drop-outs in their early thirties have spent time in prison. In Punishment and Inequality in America, sociologist Bruce Western explores the recent era of mass incarceration and the serious social and economic consequences it has wrought. Punishment and Inequality in America dispels many of the myths about the relationships among crime, imprisonment, and inequality. While many people support the increase in incarceration because of recent reductions in crime, Western shows that the decrease in crime rates in the 1990s was mostly fueled by growth in city police forces and the pacification of the drug trade. Getting "tough on crime" with longer sentences only explains about 10 percent of the fall in crime, but has come at a significant cost. Punishment and Inequality in America reveals a strong relationship between incarceration and severely dampened economic prospects for former inmates. Western finds that because of their involvement in the penal system, young black men hardly benefited from the economic boom of the 1990s. Those who spent time in prison had much lower wages and employment rates than did similar men without criminal records. The losses from mass incarceration spread to the social sphere as well, leaving one out of ten young black children with a father behind bars by the end of the 1990s, thereby helping perpetuate the damaging cycle of broken families, poverty, and crime. The recent explosion of imprisonment is exacting heavy costs on American society and exacerbating inequality. Whereas college or the military were once the formative institutions in young men's lives, prison has increasingly usurped that role in many communities. Punishment and Inequality in America profiles how the growth in incarceration came about and the toll it is taking on the social and economic fabric of many American communities.

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