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Juger en Amérique et en France
Comment raisonnent vraiment juges et juristes américains ? Valeur du procès, rapport entre vérité et preuve, rôle du parquet, mission du juge, nature du jury, fonction de la peine, voire sens de la justice : sur tous ces points essentiels, pratiques et discours diffèrent considérablement aux États-Unis, terre de common law, et en France. Pourquoi ces différences ? Quelles sont leurs origines ? Sur quelles conceptions du droit et de la justice se fondent-elles ? À l’heure où certains redoutent une " américanisation " de notre droit tandis que d’autres déplorent la sclérose de notre justice, un livre indispensable. Membre du comité de rédaction de la revue Esprit, Antoine Garapon dirige l’Institut des hautes études sur la justice. Il a notamment publié Le Gardien des promesses, Bien juger, Et ce sera justice !, ainsi que Des crimes qu’on ne peut ni punir ni pardonner. Juriste formé en Grèce, en France et aux États-Unis, Ioannis Papadopoulos est chargé de mission à l’IHEJ, et enseigne à Paris-I et à l’IEP Paris. Il a notamment publié Pratiques juridiques interprétatives et herméneutique littéraire et La Peine de mort.
The Dark Past
The Dark Past offers a historical overview and interpretive guide to all the major cases decided by US Supreme Court that have affected the freedom and rights of Black Americans since 1800. It lends coherence to what could otherwise be a disjointed chronicle of cases and connects the events of the past to the current era of racial inequality.
Five Miles Away, A World Apart
How is it that, half a century after Brown v. Board of Education, educational opportunities remain so unequal for black and white students, not to mention poor and wealthy ones?In his important new book, Five Miles Away, A World Apart, James E. Ryan answers this question by tracing the fortunes of two schools in Richmond, Virginia--one in the city and the other in the suburbs. Ryan shows how court rulings in the 1970s, limiting the scope of desegregation, laid the groundwork for the sharp disparities between urban and suburban public schools that persist to this day. The Supreme Court, in accord with the wishes of the Nixon administration, allowed the suburbs to lock nonresidents out of thei...
Civil Rights Enforcement
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Described as “superb” and “inspiring” in a foreword by Dean Erwin Chemerinsky, Civil Rights Enforcement, Second Edition dives deeply into doctrines concerning the enforcement of civil rights via private civil actions and the aspects of those doctrines of most importance to those litigating in the field. Organized as a litigator might think thr...
The Black Tax
Revealing a history that is deep, broad, and infuriating, The Black Tax casts a bold light on the racist practices long hidden in the shadows of America’s tax regimes. American taxation is unfair, and it is most unfair to the very people who critically need its support. Not only do taxpayers with fewer resources—less wealth, power, and land—pay more than the well-off, but they are forced to fight for their rights within an unjust system that undermines any attempts to improve their position or economic standing. In The Black Tax, Andrew W. Kahrl reveals the shocking history and ruinous consequences of inequitable and predatory tax laws in this country—above all, widespread and devast...
Making Good Neighbors
In the 1950s and 1960s, as the white residents, real estate agents, and municipal officials of many American cities fought to keep African Americans out of traditionally white neighborhoods, Philadelphia's West Mount Airy became one of the first neighborhoods in the nation where residents came together around a community-wide mission toward intentional integration. As West Mount Airy experienced transition, homeowners fought economic and legal policies that encouraged white flight and threatened the quality of local schools, seeking to find an alternative to racial separation without knowing what they would create in its place. In Making Good Neighbors, Abigail Perkiss tells the remarkable s...
Privatizing Justice
While the use of arbitration in the private sector has grown dramatically in recent decades, arbitration itself is not new. Yet the practice today looks very different than it did at its origins. How did arbitration shift from providing a low cost, less adversarial, and more efficient way of handling disputes between relative equals to a private, non-reviewable, and compulsory forum for resolving disputes between individuals and corporations that almost always favors the latter? Privatizing Justice examines the broader institutional, political, and legal dynamics that shaped this century-long transformation and explains why the system that emerged has shifted power to corporations, exacerbated inequality, and eroded democracy.
Bong Hits 4 Jesus
In January 2002, for the first time, the Olympic Torch Relay visited Alaska on its way to the Winter Games. When the relay runner and accompanying camera cars passed Juneau-Douglas High School, senior Joseph Frederick and several friends unfurled a fourteen-foot banner reading "BONG HiTS 4 JESUS." An in-depth look at student rights within a public high school, this book chronicles the events that followed: Frederick's suspension, the subsequent suit against the school district, and, ultimately, the escalation of a local conflict into a federal case. Brought to life through interviews with the principal figures in the case, Bong Hits 4 Jesus is a gripping tale of the boundaries of free speech in an American high school.
Beyond Environmental Law
This book offers a vision for the third generation of environmental law designed to enhance its ability to protect our environment. The book presents two core proposals, an Environmental Legacy Act to preserve a defined environmental legacy for future generations and an Environmental Competition Statute to spark movement to new clean technologies. The first proposal would require, for the first time, that the federal government define an environmental legacy that it must preserve for future generations. The second would establish a market competition to maximize environmental protection. The balance of the book provides complementary proposals and analysis. The first generation of environmental law sought broad protection of health and the environment in a fairly fragmented way. The second sought to enhance environmental law's efficiency through cost-benefit analysis and market mechanisms. These proposals seek to create a broader, more creative approach to solving environmental problems.
Teaching Law
This book suggests reforms to improve legal education and responds to concerns that law schools eschew the study of justice.
