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An examination of how some legal issues are losing cases - but that's okay because advances are still possible.
Solitary confinement is used for a variety of different reasons in many prison systems all over the world, despite the fact that research shows that these practices have widespread and pronounced negative health effects. Besides the death penalty, solitary confinement is arguably the most punitive and dangerous intervention available to state authorities in democratic nations. This broad and interdisciplinary book draws together research and personal experience from neuroscientists, high level prison officials, social and political scientists, medical doctors, lawyers, and former prisoners and their families from different countries in order to address the effects and practices of prolonged solitary confinement and to strengthen the movement for its reform and eventual abolition.
A brilliantly conceived critique by two of the leading US constitutional scholars who argue that the Bush administration's preemptive approach to domestic and international security has not only compromised national security but led to the heightened threat of terrorist attacks. Cole and Lubel, through groundbreaking analysis of efforts employed in the name of protecting its citizens, expose the government's record of empty successes, coupled with the resentment it has generated, has left the US less safe. The book concludes by proposing alternative preventative strategies.
Twenty years after the signing of the Paris Accords, the constitutional ambiguities of American involvement in the Vietnam War remain unresolved. John Hart Ely examines the overall constitutionality of America's role in Vietnam; and shows that Congress authorized each new phase of American involvement without committing itself to the stated aims of intervention.
This book provides a comprehensive account of how non-state actors rely on international criminal law as a tool in the service of progressive political causes. The argument that international criminal law and its institutions serve as an instrument in the hands of a few powerful states, and that its practice is characterized by double standards and selectivity, has received considerable attention. This book, however, focuses on a practice that is informed by this argument. Its focus is on an alternative practice within international criminal law, where non-state actors navigate what critical scholars call a structurally biased legal system, in order to achieve long-term political objectives....
In Unrepentant Leftist, a feisty, supremely dedicated attorney weaves a tale that is as much a tumultuous history of the old and new Left in recent decades as it is his personal story. From May Day parades to battles over McCarthyism, from the Communist party's activities to American Labor party politics, from civil liberties battles in the 1950s to civil rights battles in the 1960s, Victor Rabinowitz was there, playing a leading role in it all. In a career that spanned a half-century Rabinowitz worked valiantly and too often futilely on behalf of trade unions, victims of McCarthyism, civil rights activists, and Vietnam War resisters. His prominent clients included the government of the Republic of Cuba and many trade unions of the time, as well as Alger Hiss, Jimmy Hoffa, Benjamin Spock, and Fidel Castro. He won the case declaring that the McCarthy Committee had no authority to investigate subversive activities and the Supreme Court case establishing the right of Cuba to nationalize United States property. Rabinowitz has been a socialist since his earliest days; both his legal practice and political activity have been influenced by that fact.
Disasters and their management are today central to public and political agendas. Rather than being understood as exclusively acts of God and Nature, natural disasters are increasingly analysed as social vulnerability exposed by natural hazards. A disaster following an earthquake is no longer seen as caused exclusively by tremors, but by poor building standards, ineffective response systems, or miscommunications. This book argues that the shift in how a disaster is spoken of and managed affects fundamental notions of duty, responsibility and justice. The book considers the role of law in disasters and in particular the regulation of disaster response and the allocation of responsibility in t...
This groundbreaking book deals with problems encountered by the United States in complying with international treaty obligations. It examines the ways in which the American constitutional system sometimes adapts to and sometimes erects barriers against the new system of global solutions to global problems and investigates the resulting challenges on a treaty-by-treaty basis with special attention to such areas as human rights and disarmament. Published under the Transnational Publishers imprint.