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In this invaluable three-volume set, you'll get an analysis of every aspect of the statute from the plaintiffs' and defendants' side of the courtroom - from direction on potential to considerations about choice of forum. This reference also gives you citations to state and district court decisions and circuit-by-circuit breakdowns of leading decisions. Plus, you'll explore constitutional rights enforceable under Section 1983, every facet of municipal liability and qualified immunity, bifurcating claims against officers and municipalities, and more. Martin A. Schwartz, an expert of Section 1983 actions, goes a step further and provides positions on open issues. Also available as part of the Section 1983 Litigation Complete Six-Volume Set.
Focusing on a class action lawsuit against the Illinois child welfare system (B. H. v. Johnson), Pitiful Plaintiffs examines the role of the federal courts in the child welfare policymaking process and the extent to which litigation can achieve the goal of reforming child welfare systems. Beginning in the 1970s, children's advocates asked the federal courts to intervene in the child welfare policymaking process. Their weapons were, for the most part, class action suits that sought widespread reform of child welfare systems. This book is about the tens of thousands of abused and neglected children in the United States who enlisted the help of the federal courts to compel state and local governments to fulfill their obligations to them. Based on a variety of sources, the core of the research consists of in-depth, open-ended interviews with individuals involved in the Illinois child welfare system, particularly those engaged in the litigation process, including attorneys, public officials, members of children's advocacy groups, and federal court judges. The interviews were supplemented with information from legal documents, government reports and publications, national and local news reports, and scholarly writings. Despite the proliferation of child welfare lawsuits and the increasingly important role of the federal judiciary in child welfare policymaking, structural reform litigation against child welfare systems has received scant scholarly attention from a political science or public policy perspective. Mezey's comprehensive study will be of interest to political scientists and public policy analysts, as well as anyone involved in social justice and child welfare.
In March 2017, researchers, advocates and NGOs from twelve countries came together in Rotorua, New Zealand, for the first conference of the International Coalition for the children of incarcerated parents. The Coalition had been formed the previous year to recognise that similar issues faced the children of prisoners all over the world. From the first arrest until release from prison, the system is stacked against the child. Justice systems are all about punishing individuals, and are, as one conference speaker noted, ‘child blind’. The papers in this collection cover many of the themes in the wider literature on the children of prisoners. Advocacy themes include moving towards child-friendly prison systems, using mass incarceration to influence wider social change, the effects of pre-trial detention on families, the particular issues in Hawaii, and how arrest and detention procedures harm children. A set of papers reflect contemporary research and analysis on the children of prisoners. One paper sets out ‘12 guiding principles’ for working with children and families of the incarcerated. Others look at how babies and young children react to parental imprisonment, as well as children who are resilient in the face of it. Two papers consider women: one on mothers involuntarily committed to psychiatric hospital and the other examining the difficulties in maintaining family ties when a mother is sent to prison. Another contribution looks at an initiative between university and community set up to ‘expand knowledge and inspire change’ for the children of prisoners. One paper examines the difficult issue of supporting families where a parent has been convicted of a sexual offence. Also discussed in this volume are the Tyro programme that works to break the cycles of self-destruction for the children of prisoners and case studies of prison staff ‘making a difference’ in child and family visiting.
Rights brings together the most influential essays of the last thirty years critiquing and defending the liberal rights tradition. Modern 'rights critics' have focused on the perceived conflict between liberal rights and progressive or egalitarian political objectives, the preference of liberal states for negative over positive rights and also the dangers to community of the overly atomistic conception of human nature, which is arguably at the heart of the liberal rights tradition.
Commonsense Choices from Uncommon Voices:Rethinking America’s Correctional Policies brings together the experiences of men who served time in prison with contemporary research on correctional policy. This work combines a voyeuristic desire to observe “evil” and the consequences of the system of punishment, with detached consideration of what those stories can tell us about who we are as a nation and how we treat those who have betrayed the social trust. The authors simultaneously examine first-person accounts of inmate experiences with the correctional system and what actually, works, in operation, to promote the rehabilitative and restorative models of justice so many of our policymakers espouse. Each chapter opens with a vignette, a recollection of an event or series of events, about an inmate’s experience during the various phases of correctional processing. These first-hand accounts have been collected from men who served time in prison. These men’s stories are examined in their own right, then extrapolated to a broader analysis of the underlying social and policy issues to which that vignette speaks. All chapters follow the same structure: (a) opening vignette about a former inmate; (b) analysis, which includes (i) identification of the underlying issue; (ii) reflection; and (iii) extrapolation to a larger policy issue; and (c) recommendations from the field for enacting practice and crafting policy more responsive to the identified issue.