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"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
From a prominent criminal law professor, a provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it—now in paperback When Americans think of the criminal justice system, the image that comes to mind is a trial-a standard court­room scene with a defendant, attorneys, a judge, and most important, a jury. It's a fair assumption. The right to a trial by jury is enshrined in both the body of the Constitution and the Bill of Rights. It's supposed to be the foundation that undergirds our entire justice system. But in Punishment Without Trial: Why Plea Bargaining Is a Bad Deal, University of North Carolina law professor Carissa Byrne Hessick shows that the popular conception of a jury trial couldn't be further from reality. That bed­rock constitutional right has all but disappeared thanks to the unstoppable march of plea bargaining, which began to take hold during Prohibition and has skyrocketed since 1971, when it was affirmed as constitutional by the Supreme Court. Nearly every aspect of our criminal justice system encourages defendants-whether they're innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and pun­ishing citizens because it's the path of least resistance. Professor Hessick makes the case against plea bargaining as she illustrates how it has damaged our justice system while presenting an innovative set of reforms for how we can fix it. An impassioned, urgent argument about the future of criminal justice reform, Punishment Without Trial will change the way you view the criminal justice system.
This comprehensive textbook provides an introduction to collective bargaining and labor relations with a focus on developments in the United States. It is appropriate for students, policy analysts, and labor relations professionals including unionists, managers, and neutrals. A three-tiered strategic choice framework unifies the text, and the authors’ thorough grounding in labor history and labor law assists students in learning the basics. In addition to traditional labor relations, the authors address emerging forms of collective representation and movements that address income inequality in novel ways. Harry C. Katz, Thomas A. Kochan, and Alexander J. S. Colvin provide numerous contemporary illustrations of business and union strategies. They consider the processes of contract negotiation and contract administration with frequent comparisons to nonunion practices and developments, and a full chapter is devoted to special aspects of the public sector. An Introduction to U.S. Collective Bargaining and Labor Relations has an international scope, covering labor rights issues associated with the global supply chain as well as the growing influence of NGOs and cross-national unionism. The authors also compare how labor relations systems in Germany, Japan, China, India, Brazil, and South Africa compare to practices in the United States. The textbook is supplemented by a website (ilr.cornell.edu/scheinman-institute/research/introduction-us-collective-bargaining-and-labor-relations) that features an extensive Instructor’s Manual with a test bank, PowerPoint chapter outlines, mock bargaining exercises, organizing cases, grievance cases, and classroom-ready current events materials.
Though originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early nineteenth century to its present pervasive role. Through the first three quarters of the nineteenth century, judges showed far less enthusiasm for plea bargaining than did prosecutors. After all, plea bargaining did not assure judges “victory”; judges did not suffer under the workload that prosecutors faced; and judges had principled objections to dickering for justice and to sharing sentencing authority with prosecutors. The revolution in tort law, however, brought on a flood of complex civil cases, which persuaded judges of the wisdom of efficient settlement of criminal cases. Having secured the patronage of both prosecutors and judges, plea bargaining quickly grew to be the dominant institution of American criminal procedure. Indeed, it is difficult to name a single innovation in criminal procedure during the last 150 years that has been incompatible with plea bargaining’s progress and survived.
Some portion of the American public will react negatively to almost any new corporate initiative, as Disney discovered when it announced its plans to build an historical theme park in Virginia. Similarly, government efforts to change policy or shift budget priorities are invariably met with stiff resistance. In this enormously practical book, Lawrence Susskind and Patrick Field analyze scores of both private and public-sector cases, as well as crisis scenarios such as the Alaskan oil spill, the silicone breast implant controversy, and nuclear plant malfunction at Three Mile Island. They show how resistance to both public and private initiatives can be overcome by a mutual gains approach involving face-to-face negotiation, a strategy applied successfully by over fifteen hundred executives and officials who have attended Professor Susskind's MIT-Harvard "Angry Public" seminars.Susskind and Field outline the six key elements of this approach in order to help business and government leaders negotiate, rather than fight, with their critics. In the process, they show how to identify who the public is, whose concerns to address first, which people and organizations must be convinced of the legitimacy of action taken, and how to assess and respond to different types of anger effectively. Acknowledging the crucial role played by the media in shaping public perception and understanding, Susskind and Field suggest a way to develop media interaction which is consistent with the six mutual gains principles, and also discuss the type of leadership that corporate and government managers must provide in order to combine these ideas into a useful whole.We all need to be concerned about a society in which the public's concerns, fears and anger are not adequately addressed. When corporate and government agencies must spend crucial time and resources on rehashing and defending each decision they make, a frustrated and angry public contributes to the erosion of confidence in our basic institutions and undermines our competitiveness in the international marketplace. In this valuable book, Susskind and Field have produced a strong, clear framework which will help reduce these hidden costs for hundreds of executives, managers, elected and appointed officials, entrepreneurs, and the public relations, legal and other professionals who advise them.
An economic and military superpower with 20 percent of the world’s population, China has the wherewithal to transform the international system. Xi Jinping’s bold calls for China to “lead in the reform of the global governance system” suggest that he has just such an ambition. But how does he plan to realize it? And what does it mean for the rest of the world? In this compelling book, Elizabeth Economy reveals China’s ambitious new strategy to reclaim the country’s past glory and reshape the geostrategic landscape in dramatic new ways. Xi’s vision is one of Chinese centrality on the global stage, in which the mainland has realized its sovereignty claims over Hong Kong, Taiwan, and the South China Sea, deepened its global political, economic, and security reach through its grand-scale Belt and Road Initiative, and used its leadership in the United Nations and other institutions to align international norms and values, particularly around human rights, with those of China. It is a world radically different from that of today. The international community needs to understand and respond to the great risks, as well as the potential opportunities, of a world rebuilt by China.