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Harris, creator of the black rage defense, traces its origin. Emphasizing that the black rage defense must be enlisted responsibly and selectively, he skillfully distinguishes between applying an environmental defense and simply blaming society in the abstract for individual crimes. He also addresses the possibilities of a white rage defense and the more recent phenomenon of cultural defenses. He illustrates how a person's environment can and does affect his or her life and actions. Annotation copyrighted by Book News, Inc., Portland, OR
This anthology treats the role that emotions play, don't play, and ought to play in the practice and conception of law and justice. The work consists largely of original essays, by scholars of law, theology, political science and philosophy.
This well-known 'underground' classic critique of legal education is available for the first time in book form. This edition contains commentary by leading legal educations.
Few issues arouse as much passionate debate as the relationship between church and state. Political parties and coalitions have long jockeyed for position in the battle to either keep the two separate, or to unify them in one nation indivisible from God. While the battle has been raging in the political arena, figures from academia, the media, and myriad other vantage points, have commented on the context and constitutionality of laws governing religious expression. In Law and Religion, Stephen M. Feldman brings together the many perspectives that have shaped policy on this important national issue. In giving voice to the political left and right, as well as to cultural, philosophical, sociological and historical perspectives, the book serves as an even-handed treatment of an issue all too often clouded by biases. Contributors ranging from Stanley Fish to Richard John Neuhaus explore issues extending from religious morality and religious freedom, to fundamentalism, the separation of church and state, religion and public schooling, and liberal political theory. Comprehensive in scope, Law and Religion will stand as an important reference for anyone seeking to further understand this complex and highly emotional topic.
Legal systems do not operate in isolation but in complex cultural contexts. This original and thought-provoking volume considers how cultural assumptions are built into American legal decision-making, drawing on a series of case studies to demonstrate the range of ways courts express their understanding of human nature, social relationships, and the sense of orderliness that cultural schemes purport to offer. Unpacking issues such as native heritage, male circumcision, and natural law, Rosen provides fresh insight into socio-legal studies, drawing on his extensive experience as both an anthropologist and a law professional to provide a unique perspective on the important issue of law and cultural practice. The Judgement of Culture will make informative reading for students and scholars of anthropology, law, and related subjects across the social sciences.
Since c. 1960 the interplay of psychiatry and law has emerged from an elective seminar to a topic of national prominence. In its breadth and coverage, Ralph Slovenko's Psychiatry and Law/Law in Psychiatry provides a critical exposition of the many practices and basic premises of law and psychiatry. It is a complete text for psychiatry residents or law students and an invaluable reference for practicing professionals in each field. New approaches for practitioners are provided as well as material to assist them in preparing and documenting their cases. Psychiatry and Law/Law in Psychiatry is rooted in Dr. Slovenko's previously published work, Psychiatry and Law (Little & Brown 1973), which received the American Psychiatric Association's prestigious Manfred Guttmacher award.
Traces the life of the flamboyant lawyer who made a career of representing unpopular people and causes, including the Chicago Seven, and Leonard Peltier and the American Indian Movement.
In addition to information on crime and incarceration rates, White-collar crime and the typical criminal, the discussion of minorities and public perceptions is set within a broader context including the issues of terrorism and human trafficking, where race and ethnicity are also vital to public perceptions. The manual is designed for junior colleges and four year colleges, including those offering distance-learning courses. It is a thought-provoking combination of facts and questions. The pedagogical focus is on collaborative, problem-based learning, with foundational support for the development of critical thinking and analytical skills. Each chapter includes vignettes featuring the opinions of experts in the field relative to the chapter being covered. They are classic pedagogical tools that link theory with practice a good balance between theory and the real world. The simple, straightforward approach allows instructors to personalize their coverage of the material, and the text uses extremely effective pedagogical approaches. The Case Study/Critical Thinking issues-and-questions approach at the beginning of each chapter is another important feature that focuses on developing students soft skills. The objectives are clearly listed at the beginning of each chapter. Chapter resources and key terms are listed at the end of each chapter. The Controversy sections included in each chapter target analytical and critical skill development in students, not to mention application of a current issue, as does the In the news section which, while making reference and applying theory to current issues, forces students to apply theory and critically analyze issues. The author attempts, as much as possible, to rely on facts and figures here (deductive logic) rather than on sentiment. Since the ultimate goal is to encourage students to critique, analyze and formulate their own opinions, as much effort as was feasible possible was put into presenting both sides of each argument.
The contents of Yale Law Journal's April 2015 issue (Volume 124, Number 6) include: * Article, "The Constitutional Duty To Supervise," by Gillian E. Metzger * Article, "Architectural Exclusion: Discrimination and Segregation Through Physical Design of the Built Environment," by Sarah Schindler * Feature, "Fifty Attorneys General, and Fifty Approaches to the Duty To Defend," by Neal Devins & Saikrishna Bangalore Prakash * Note, "Executive Orders in Court," by Erica Newland ' * Comment, "Stare Decisis and Secret Law: On Precedent and Publication in the Foreign Intelligence Surveillance Court," by Jack Boeglin & Julius Taranto Quality ebook formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes.
More than just a study of legal history, Shifting the Blame looks at the "abuse excuse" defense as an indicator of broad social change in cultural understandings of victimization, responsibility, and womanhood. The introduction of victimization as an exculpatory condition within the context of a criminal defense tells the story of a society that has accepted victimization as a new way of explaining and excusing misbehavior. Through case law analysis, the book documents the initial development of the strategy in three different types of cases in the 1970s - "rotten social background", brainwashing, and battered women's self-defense cases. Since its initial acceptance in battered women's cases in the early 1980s, the use of the strategy has expanded to a variety of offenders in different types of relationships arguing different defenses. In lively, readable prose, Westervelt examines each form of expansion, revealing that while the expansion of the strategy has been fairly extensive, it has also been limited in some important ways. Her research shows readers that only certain types of "victims," particularly victims of physical abuse, have successfully used this defense. Shifting the Blame exposes the ways in which the acceptance of this new defense strategy illuminates a cultural shift in understandings of individual responsibility and shows how the law plays a role in defining who can be an acceptable victim. Saundra D. Westervelt is an assistant professor in the Sociology Department at the University of North Carolina at Greensboro.