1917 books match the query 'Law' and 66 start with d

cover of Distorting the Law: Politics, Media, and the Litigation Crisis

Distorting the Law

Politics, Media, and the Litigation Crisis

William Haltom and Michael McCann

University of Chicago Press, 2004

In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign.

Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices.

Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.
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cover of Do Prisons Make Us Safer?: The Benefits and Costs of the Prison Boom

Do Prisons Make Us Safer?

The Benefits and Costs of the Prison Boom

Steven Raphael

Russell Sage Foundation, 2009

The number of people incarcerated in U.S. prisons and jails more than quadrupled between 1975 and 2005, reaching the unprecedented level of over two million inmates today. Annual corrections spending now exceeds 64 billion dollars, and many of the social and economic burdens resulting from mass incarceration fall disproportionately on minority communities. Yet crime rates across the country have also dropped considerably during this time period. In Do Prisons Make Us Safer? leading experts systematically examine the complex repercussions of the massive surge in our nation's prison system. Do Prisons Make Us Safer? asks whether it makes sense to maintain such a large and costly prison system. The contributors expand the scope of previous analyses to include a number of underexplored dimensions, such as the fiscal impact on states, effects on children, and employment prospects for former inmates. Steven Raphael and Michael Stoll assess the reasons behind the explosion in incarceration rates and find that criminal behavior itself accounts for only a small fraction of the prison boom. Eighty-five percent of the trend can be attributed to "get tough on crime" policies that have increased both the likelihood of a prison sentence and the length of time served. Shawn Bushway shows that while prison time effectively deters and incapacitates criminals in the short term, long-term benefits such as overall crime reduction or individual rehabilitation are less clear cut. Amy Lerman conducts a novel investigation into the effects of imprisonment on criminal psychology and uncovers striking evidence that placement in a high security penitentiary leads to increased rates of violence and anger—particularly in the case of first time or minor offenders. Rucker Johnson documents the spill-over effects of parental incarceration—children who have had a parent serve prison time exhibit more behavioral problems than their peers. Policies to enhance the well-being of these children are essential to breaking a devastating cycle of poverty, unemployment, and crime. John Donohue's economic calculations suggest that alternative social welfare policies such as education and employment programs for at-risk youth may lower crime just as effectively as prisons, but at a much lower human cost. The cost of hiring a new teacher is roughly equal to the cost of incarcerating an additional inmate. The United States currently imprisons a greater proportion of its citizens than any other nation in the world. Until now, however, we've lacked systematic and comprehensive data on how this prison boom has affected families, communities, and our nation as a whole. Do Prisons Make Us Safer? provides a highly nuanced and deeply engaging account of one of the most dramatic policy developments in recent U.S. history.
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cover of Documentary Dilemmas: Frederick Wiseman's Titicut Follies

Documentary Dilemmas

Frederick Wiseman's Titicut Follies

Carolyn Anderson and Thomas W. Benson

Southern Illinois University Press, 1991

A case history of the only American film under court-imposed restrictions for reasons other than obscenity or national security.

Titicut Follies is an excoriating depiction of conditions in the Massachusetts Correctional Institution at Bridgewater, a prison-hospital for the criminally insane. The Commonwealth of Massachusetts took Wiseman to court, seeking to prevent the exhibition of Titicut Follies soon after its release in 1967.

This account of the Titicut Follies case is based on ten years of research and relies on interviews, journalistic accounts, and especially on the legal record, including the Commonwealth v. Wiseman transcript, to describe the entire process of independent documentary filmmaking. The trials of Titicut Follies raise crucial questions about the relation of social documentary to its subjects and audiences.

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cover of Documentary History of the Ratification of the Constitution, Volume 23: Ratification of the Constitution by the States: New York, No. 5

Documentary History of the Ratification of the Constitution, Volume 23

Ratification of the Constitution by the States: New York, No. 5

Edited by John P. Kaminski and Gaspare J. Saladino; Senior Associate Editor: Richard Leffler; Associate Editor: Charles H. Schoenleber; Assistant Editor: Margaret A. Hogan

Wisconsin Historical Society Press, 2009

This is the fifth and final volume documenting New York State's ratification of the Constitution. This particular volume includes the complete record of the state ratifying convention. In addition to the official journal and the proceedings and debates of the convention, the volume contains many documents never before published, including the voluminous notes of the secretary of the convention and several of the convention delegates, the correspondence of delegates and spectators at the convention, and the rich newspaper commentaries describing the day-by-day events in the convention. For the first time, historians will be able to see how the New York convention - dominated by a two-thirds majority of Antifederalists - came to adopt the Constitution. This documentary series is a research tool of remarkable power, an unrivaled work for historical and legal scholars, librarians, and students of the Constitution.
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cover of Documentary History of the Ratification of the Constitution, Volume 24: Ratification of the Constitution by the States: Rhode Island, No. 1

Documentary History of the Ratification of the Constitution, Volume 24

Ratification of the Constitution by the States: Rhode Island, No. 1

Kaminski

Wisconsin Historical Society Press, 2011

This is the first of three volumes documenting Rhode Island's public and private debates about the Constitution. This documentary series is a research tool of remarkable power, an unrivaled reference work for historical and legal scholars, librarians, and students of the Constitution. The volumes are encyclopedic, consisting of manuscript and printed documents-contemporary newspapers, broadsides, and pamphlets-compiled from hundreds  of sources, copiously annotated, thoroughly indexed, and often accompanied  by microfiche supplements.  Pulitzer Prize-winning historian Michael Kammen has noted that The Documentary History of the Ratification of the Constitution series "will be of enduring value centuries hence" and described it as "one of the most interesting documentary publications we have ever had."  The American Bar Association Journal has stated, "Each new volume now fills another vital part of the mosaic of national history."

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cover of Doing Time on the Outside: Incarceration and Family Life in Urban America

Doing Time on the Outside

Incarceration and Family Life in Urban America

Donald Braman

University of Michigan Press, 2004

"Stigma, shame and hardship---this is the lot shared by families whose young men have been swept into prison. Braman reveals the devastating toll mass incarceration takes on the parents, partners, and children left behind."
-Katherine S. Newman

"Doing Time on the Outside brings to life in a compelling way the human drama, and tragedy, of our incarceration policies. Donald Braman documents the profound economic and social consequences of the American policy of massive imprisonment of young African American males. He shows us the link between the broad-scale policy changes of recent decades and the isolation and stigma that these bring to family members who have a loved one in prison. If we want to understand fully the impact of current criminal justice policies, this book should be required reading."
-Mark Mauer, Assistant Director, The Sentencing Project

"Through compelling stories and thoughtful analysis, this book describes how our nation's punishment policies have caused incalculable damage to the fabric of family and community life. Anyone concerned about the future of urban America should read this book."
-Jeremy Travis, The Urban Institute


In the tradition of Elijah Anderson's Code of the Street and Katherine Newman's No Shame in My Game, this startling new ethnography by Donald Braman uncovers the other side of the incarceration saga: the little-told story of the effects of imprisonment on the prisoners' families.

Since 1970 the incarceration rate in the United States has more than tripled, and in many cities-urban centers such as Washington, D.C.-it has increased over five-fold. Today, one out of every ten adult black men in the District is in prison and three out of every four can expect to spend some time behind bars. But the numbers don't reveal what it's like for the children, wives, and parents of prisoners, or the subtle and not-so-subtle effects mass incarceration is having on life in the inner city.

Author Donald Braman shows that those doing time on the inside are having a ripple effect on the outside-reaching deep into the family and community life of urban America. Braman gives us the personal stories of what happens to the families and communities that prisoners are taken from and return to. Carefully documenting the effects of incarceration on the material and emotional lives of families, this groundbreaking ethnography reveals how criminal justice policies are furthering rather than abating the problem of social disorder. Braman also delivers a number of genuinely new arguments.

Among these is the compelling assertion that incarceration is holding offenders unaccountable to victims, communities, and families. The author gives the first detailed account of incarceration's corrosive effect on social capital in the inner city and describes in poignant detail how the stigma of prison pits family and community members against one another. Drawing on a series of powerful family portraits supported by extensive empirical data, Braman shines a light on the darker side of a system that is failing the very families and communities it seeks to protect.

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cover of Doing What Comes Naturally: Change, Rhetoric, and the Practice of Theory in Literary & Legal Studies

Doing What Comes Naturally

Change, Rhetoric, and the Practice of Theory in Literary & Legal Studies

Stanley Fish

Duke University Press, 1989

In literary theory, the philosophy of law, and the sociology of knowledge, no issue has been more central to current debate than the status of our interpretations. Do they rest on a ground of rationality or are they subjective impositions of a merely personal point of view? In Doing What Comes Naturally, Stanley Fish refuses the dilemma posed by this question and argues that while we can never separate our judgments from the contexts in which they are made, those judgments are nevertheless authoritative and even, in the only way that matters, objective. He thus rejects both the demand for an ahistorical foundation, and the conclusion that in the absence of such a foundation we reside in an indeterminate world. In a succession of provocative and wide-ranging chapters, Fish explores the implications of his position for our understanding of legal, literary, and psychoanalytic interpretation, the nature of professional and institutional culture, and the place of reason in a world that is rhetorical through and through.
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cover of Domestic Violence and the Law in Colonial and Postcolonial Africa

Domestic Violence and the Law in Colonial and Postcolonial Africa

Emily S. Burrill

Ohio University Press, 2010

Domestic Violence and the Law in Colonial and Postcolonial Africa reveals the ways in which domestic space and domestic relationships take on different meanings in African contexts that extend the boundaries of family obligation, kinship, and dependency. The term domestic violence encompasses kin-based violence, marriage-based violence, gender-based violence, as well as violence between patrons and clients who shared the same domestic space. As a lived experience and as a social and historical unit of analysis, domestic violence in colonial and postcolonial Africa is complex.

Using evidence drawn from Sub-saharan Africa, the chapters explore the range of domestic violence in Africa’s colonial past and its present, including taxation and the insertion of the household into the broader structure of colonial domination.

African histories of domestic violence demand that scholars and activists refine the terms and analyses and pay attention to the historical legacies of contemporary problems. This collection brings into conversation historical, anthropological, legal, and activist perspectives on domestic violence in Africa and fosters a deeper understanding of the problem of domestic violence, the limits of international human rights conventions, and local and regional efforts to address the issue.

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cover of Double Jeopardy: Adolescent Offenders with Mental Disorders

Double Jeopardy

Adolescent Offenders with Mental Disorders

Thomas Grisso

University of Chicago Press, 2004

In the twenty-first-century world of juvenile justice policy and practice, nearly everyone agrees that one of the most pressing issues facing the nation's juvenile courts is their proper response to delinquent youths with mental disorders. Recent research indicates that about two-thirds of adolescent offenders in juvenile justice facilities meet the criteria for one or more mental disorders. What are the obligations of our juvenile justice system, then, as the caretaker for delinquent youth with such disabilities? How do issues of adolescent development create special challenges in determining the court's proper response to delinquents with special mental health needs? Thomas Grisso considers these questions while offering new information to assist the juvenile justice system in its responses to the needs of our children.

Double Jeopardy considers the newest data on the nature of youths' mental disorders—their relationships to delinquency, the values and limits of methods to treat them, and the common patterns of adolescent offending. That information is used to chart a rational course for fulfilling the juvenile justice system's duty—as a custodian of children in need of health care, as a legal system promoting fairness in youth adjudication, and as a protector of public safety—to respond to delinquent youths' mental disorders. Moreover, Double Jeopardy provides a scientific yet practical foundation for lawmakers, judges, attorneys, and mental health care professionals, as well as researchers who must fill the knowledge gaps that limit the juvenile justice system's abilities to meet youths' mental health needs.
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cover of Down Ballot: How a Local Campaign Became a National Referendum on Abortion

Down Ballot

How a Local Campaign Became a National Referendum on Abortion

Patrick Wohl

University of Illinois Press, 2024

When an obscure primary election met the culture wars

In 1990, a suburban Chicago race for the Republican Party nomination for state representative unexpectedly became a national proxy battle over abortion in the United States. But the hard-fought primary also illustrated the overlooked importance of down-ballot contests in America’s culture wars. Patrick Wohl offers the dramatic account of a rollercoaster campaign that, after attracting political celebrities and a media circus, came down to thirty-one votes, a coin toss to determine the winner, and a recount fight that set a precedent for how to count dimpled chads. As the story unfolds, Wohl provides a rare nuts-and-bolts look at an election for state office from its first days through the Illinois Supreme Court decision that decided the winner--and set the stage for a decisive 1992 rematch.

A compelling political page-turner, Down Ballot takes readers behind the scenes of a legendary Illinois election.

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cover of Dreams Derailed: Undocumented Youths in the Trump Era

Dreams Derailed

Undocumented Youths in the Trump Era

William A. Schwab

University of Arkansas Press, 2018

During the 2016 presidential campaign millions of voters, concerned about the economic impact of illegal immigration, rallied behind the notion of a border wall between the United States and Mexico. Well into the Trump presidency, immigration endures as a hotly contested issue in United States politics.

In Dreams Derailed sociologist William A. Schwab shares the stories of immigration reform advocates and follows up on stories told in his 2013 book Right to DREAM, which argued in favor of the DREAM Act that would have provided conditional residency for undocumented youth brought to the United States as children, a version of which was later enacted by executive order and referred to as DACA (Deferred Action for Childhood Arrivals).

Taking as its focal point the Trump administration’s decision to rescind Obama-era DACA protection, Dreams Derailed delves into the economic, political, and social factors that inform the public conversation about immigration, making a clear case for the many benefits of inclusive policies and the protection of undocumented youths. Schwab also takes a close look at the factors that carried Donald Trump to the White House, demonstrates how economic upheaval and the issue of immigration influenced the 2016 presidential election, analyzes current immigration laws, and suggests next steps for reform.

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cover of Drinkers, Drivers, and Bartenders: Balancing Private Choices and Public Accountability

Drinkers, Drivers, and Bartenders

Balancing Private Choices and Public Accountability

Frank A. Sloan, Emily M. Stout, Kathryn Whetten-Goldstein, and Lan Liang

University of Chicago Press, 2000

According to the United States Public Health Service, over 100,000 deaths a year are attributable to alcohol, including 20,000 highway fatalities. In response, legislatures have enacted various forms of regulation intended both to reduce alcohol consumption and to curb its harmful effects. This groundbreaking study focuses on one such form of regulation, the liability imposed on alcohol servers and social hosts by tort law. Basing their analysis on important new data from their extensive research and in-depth interviews with actors on all sides of the issue, the authors conclude that, despite their relative unpopularity, tort laws are very effective in reducing accidents—even more than criminal sanctions.

Extraordinary in scope and exacting in detail, Drinkers, Drivers, and Bartenders: Balancing Private Choices and Public Accountability links alcohol problems, deterrence, and serving practices in a way no other work has been able to do and is certain to become a crucial reference point for researchers and policymakers alike.
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cover of Drones and Support for the Use of Force

Drones and Support for the Use of Force

James Igoe Walsh and Marcus Schulzke

University of Michigan Press, 2018

Combat drones are transforming attitudes about the use of military force. Military casualties and the costs of conflict sap public support for war and for political and military leaders. Combat drones offer an unprecedented ability to reduce these costs by increasing accuracy, reducing the risks to civilians, and protecting military personnel from harm. These advantages should make drone strikes more popular than operations involving ground troops. Yet many critics believe drone warfare will make political leaders too willing to authorize wars, weakening constraints on the use of force. Because combat drones are relatively new, these arguments have been based on anecdotes, a handful of public opinion polls, or theoretical speculation.
 
Drones and Support for the Use of Force uses experimental research to analyze the effects of combat drones on Americans’ support for the use of force. The authors’ findings—that drones have had important but nuanced effects on support for the use of force—have implications for democratic control of military action and civil-military relations and provide insight into how the proliferation of military technologies influences foreign policy.
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cover of Drones and the Future of Armed Conflict: Ethical, Legal, and Strategic Implications

Drones and the Future of Armed Conflict

Ethical, Legal, and Strategic Implications

Edited by David Cortright, Rachel Fairhurst, and Kristen Wall

University of Chicago Press, 2015

During the past decade, armed drones have entered the American military arsenal as a core tactic for countering terrorism. When coupled with access to reliable information, they make it possible to deploy lethal force accurately across borders while keeping one’s own soldiers out of harm’s way. The potential to direct force with great precision also offers the possibility of reducing harm to civilians. At the same time, because drones eliminate some of the traditional constraints on the use of force—like the need to gain political support for full mobilization—they lower the threshold for launching military strikes. The development of drone use capacity across dozens of countries increases the need for global standards on the use of these weapons to assure that their deployment is strategically wise and ethically and legally sound.

Presenting a robust conversation among leading scholars in the areas of international legal standards, counterterrorism strategy, humanitarian law, and the ethics of force, Drones and the Future of Armed Conflict takes account of current American drone campaigns and the developing legal, ethical, and strategic implications of this new way of warfare. Among the contributions to this volume are a thorough examination of the American government’s legal justifications for the targeting of enemies using drones, an analysis of American drone campaigns’ notable successes and failures, and a discussion of the linked issues of human rights, freedom of information, and government accountability.
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cover of Drunk Driving: An American Dilemma

Drunk Driving

An American Dilemma

James B. Jacobs

University of Chicago Press, 1989

In this ambitious interdisciplinary study, James B. Jacobs provides the first comprehensive review and analysis of America's drunk driving problem and of America's anti-drunk driving policies and jurisprudence. In a clear and accessible style, he considers what has been learned, what is being done, and what constitutional limits exist to the control and enforcement of drunk driving.

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cover of Dual Justice: America’s Divergent Approaches to Street and Corporate Crime

Dual Justice

America’s Divergent Approaches to Street and Corporate Crime

Anthony Grasso

University of Chicago Press, 2024

A far-reaching examination of how America came to treat street and corporate crime so differently.

While America incarcerates its most marginalized citizens at an unparalleled rate, the nation has never developed the capacity to consistently prosecute corporate wrongdoing. Dual Justice unearths the intertwined histories of these two phenomena and reveals that they constitute more than just modern hypocrisy.

By examining the carceral and regulatory states’ evolutions from 1870 through today, Anthony Grasso shows that America’s divergent approaches to street and corporate crime share common, self-reinforcing origins. During the Progressive Era, scholars and lawmakers championed naturalized theories of human difference to justify instituting punitive measures for poor offenders and regulatory controls for corporate lawbreakers. These ideas laid the foundation for dual justice systems: criminal justice institutions harshly governing street crime and regulatory institutions governing corporate misconduct.

Since then, criminal justice and regulatory institutions have developed in tandem to reinforce politically constructed understandings about who counts as a criminal. Grasso analyzes the intellectual history, policy debates, and state and federal institutional reforms that consolidated these ideas, along with their racial and class biases, into America’s legal system.

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