Special Issue

Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 1781903433
Format: PDF, ePub, Docs
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Annotation. This special issue is dedicated to the life and work of beloved scholar Stuart Scheingold. The works articulate his inspiring contribution to political science and law and society.

Studies in Law Politics and Society

Author: Austin Sarat
Publisher: Elsevier
ISBN: 0762311797
Format: PDF, ePub, Docs
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This volume of "Studies in Law, Politics, and Society" presents a diverse array of articles by an interdisciplinary group of scholars. Their work spans the social sciences, humanities, and the law. Those scholars examine the nature of family and the intersection of family and law, the way contexts shape legal actors, and the nature of rights and resistance. The articles published here exemplify the exciting and innovative work now being done in interdisciplinary legal scholarship.

The Politics of Rights

Author: Stuart A. Scheingold
Publisher: University of Michigan Press
ISBN: 9780472025534
Format: PDF, Kindle
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Stuart A. Scheingold's landmark work introduced a new understanding of the contribution of rights to progressive social movements, and thirty years later it still stands as a pioneering and provocative work, bridging political science and sociolegal studies. In the preface to this new edition, the author provides a cogent analysis of the burgeoning scholarship that has been built on the foundations laid in his original volume. A new foreword from Malcolm Feeley of Berkeley's Boalt Hall School of Law traces the intellectual roots of The Politics of Rights to the classic texts of social theory and sociolegal studies. "Scheingold presents a clear, thoughtful discussion of the ways in which rights can both empower and constrain those seeking change in American society. While much of the writing on rights is abstract and obscure, The Politics of Rights stands out as an accessible and engaging discussion." -Gerald N. Rosenberg, University of Chicago "This book has already exerted an enormous influence on two generations of scholars. It has had an enormous influence on political scientists, sociologists, and anthropologists, as well as historians and legal scholars. With this new edition, this influence is likely to continue for still more generations. The Politics of Rights has, I believe, become an American classic." -Malcolm Feeley, Boalt Hall School of Law, University of California, Berkeley, from the foreword Stuart A. Scheingold is Professor Emeritus of Political Science at the University of Washington.

The Politics of Law and Order

Author: Stuart A. Scheingold
Publisher: Quid Pro Books
ISBN: 161027038X
Format: PDF, Kindle
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Foundational and renowned study of how politicians and others use crime rates -- and most of all the public perception of street crime, whether or not it is accurate -- for their own purposes. Dr. Scheingold also provides a theoretical and historical basis for his views. The follow-up to the landmark book The Politics of Rights, this text is both supported in research and accessible and interesting to readers everywhere. Features new 2010 Foreword by Berkeley law professor Malcolm Feeley. A work that is both "timely and timeless," writes Feeley, it "is important for what it says -- and how it says it -- about American crime and crime policy, as well as American political culture. It speaks truth to power today as much as it did when it was first published." As recently noted by Amherst College's Austin Sarat, Scheingold "was quite simply one of the world's leading commentators on law and politics."

The Hollow Hope

Author: Gerald N. Rosenberg
Publisher: University of Chicago Press
ISBN: 0226726681
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In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.

The Perils of Federalism

Author: Lisa L. Miller
Publisher: Oxford University Press
ISBN: 0195331680
Format: PDF, ePub
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In the past dozen years, a number of American cities plagued by gun violence have tried to enact local laws to stem gun-related crime. Yet policymakers at the state and federal levels have very frequently stymied their efforts. This is not an atypical phenomenon. In fact, for a whole range of pressing social problems, state and federal policymakers ignore the demands of local communities that suffer from such ills the most. Lisa L. Miller asks, how does America's multi-tiered political system shape crime policy in ways that empower the higher levels of government yet demobilize and disempower local communities? After all, crime has a disproportionate impact on poor and minority communities, which typically connect crime and violence to broader social and economic inequities at the local level. As The Perils of Federalism powerfully demonstrates, though, the real control to set policy lies with the state and federal governments, and at these levels single-issue advocates - gun rights groups as well as prison, prosecutorial and law enforcement agencies - are able to shape policy over the heads of the people most affected by the issue. There is a tragic irony in this. The conventional wisdom that emerged from the Civil Rights era was that the higher levels of government - and the federal level in particular - best served the disadvantaged, while localities were most likely to ignore the social problems resulting from racial and economic inequality. Crime policy, Miller argues, teaches us an opposite lesson: as policy control migrates to higher levels, the priorities of low-income minority communities are ignored, the realities of racial and economic inequality are marginalized, and citizens lose their voices. Taking readers from the streets of Philadelphia to the halls of Congress, she details how and why our system operates in the way that it does. Ultimately, the book not only challenges what we think about the advantages of relying of federal power for sensible and fair solutions to longstanding social problems. It also highlights the deep disconnect between the structure of the American political system and the ideals of democratic accountability.

Banished

Author: Katherine Beckett
Publisher: Oxford University Press
ISBN: 0199889570
Format: PDF, Kindle
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With urban poverty rising and affordable housing disappearing, the homeless and other "disorderly" people continue to occupy public space in many American cities. Concerned about the alleged ill effects their presence inflicts on property values and public safety, many cities have wholeheartedly embraced "zero-tolerance" or "broken window" policing efforts to clear the streets of unwanted people. Through an almost completely unnoticed set of practices, these people are banned from occupying certain spaces. Once zoned out, they are subject to arrest if they return-effectively banished from public places. Banished is the first exploration of these new tactics that dramatically enhance the power of the police to monitor and arrest thousands of city dwellers. Drawing upon an extensive body of data, the authors chart the rise of banishment in Seattle, a city on the leading edge of this emerging trend, to establish how it works and explore its ramifications. They demonstrate that, although the practice allows police and public officials to appear responsive to concerns about urban disorder, it is a highly questionable policy: it is expensive, does not reduce crime, and does not address the underlying conditions that generate urban poverty. Moreover, interviews with the banished themselves reveal that exclusion makes their lives and their path to self-sufficiency immeasurably more difficult. At a time when more and more cities and governments in the U.S. and Europe resort to the criminal justice system to solve complex social problems, Banished provides a vital and timely challenge to exclusionary strategies that diminish the life circumstances and rights of those it targets.

Law and Society in Korea

Author: Hyunah Yang
Publisher: Edward Elgar Publishing
ISBN: 9781781953631
Format: PDF, Docs
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ÔAs dynamic as legal change has been in South Korea, it has also been understudied, at least until the arrival of this wonderful collection of essays. The authors, who are all leading figures in the field, demonstrate convincingly that Korean experience is relevant to many of the contemporary questions in law and society studies, including how to understand the dynamics of legal change, the role of law in development, the nature of transitional justice, and law in the postcolonial state. Every law and society scholar should read this book.Õ Ð Tom Ginsburg, University of Chicago, US This book sets out a panoramic view of law and society studies in South Korea, considering the factors that have made this post-colonial war-torn country economically and politically successful. The contributors examine societal and historical conditions that are reflected in Ð or that were shaped by Ð the law, through a variety of lenses; including law and development, law and politics, colonialism and gender, past wrongdoings, public interest lawyering, and judicial reform. In dismantling the historical specificity of the way in which Korea studies are universally framed the contributions provide novel views, theories and information about South Korean law and society. Incorporating various perspectives and methodologies, and demonstrating a finely crafted application of general theory to specific issues, this compendium will prove insightful to law scholars and researchers looking to widen their perspective and broaden their knowledge on law and society in Korea. Law practitioners whose practice requires knowledge of the Korean legal system will also find plenty of information in this authoritative book.

Health Care and the Charter

Author: Christopher P. Manfredi
Publisher: UBC Press
ISBN: 0774835567
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Health Care and the Charter explores the systematic use of Charter litigation in the area of health care and the policy impact of the resulting judicial decisions. Christopher P. Manfredi and Antonia Maioni examine three of the most controversial Supreme Court decisions in recent years. Eldridge (1997) and Auton (2004) invited the Court to extend the scope of publicly funded services, while Chaouilli (2005) asked the Court to allow private health services. This book explores the paths that brought litigants to the Court, the arguments that supported their positions, and the substance of the victory or defeat the Court provided.

Invitation to Law and Society

Author: Kitty Calavita
Publisher: University of Chicago Press
ISBN: 0226089983
Format: PDF, Mobi
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Law and Society is a rapidly-growing interdisciplinary field that turns on its head the conventional, idealized view of the “Law” as a magisterial abstraction. Kitty Calavita’s Invitation to Law and Society brilliantly brings to life the ways in which law shapes and manifests itself in the institutions and interactions of human society, while inviting the reader into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar personal examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to the use of the law in everyday life, as well as its potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. In a field of inquiry that has long lacked a sophisticated yet accessible introduction to its ways of thinking, Invitation to Law and Society will serve as an engaging and indispensible guide.