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How Autocrats Seek Power: Resistance to Trump and Trumpism (Defending American Democracy)
By Richard L. Abel. 2024
Chronicling and analyzing resistance to the threat that autocracy poses to American liberal democracy, this book provides the definitive account…
of the rise of Trump’s populist support in 2016, and his failed efforts to nullify the result of the 2020 election.This book is about the threat of autocracy, which antedated Donald Trump and will persist after he leaves the stage. Autocracy negates both liberalism—which includes the protection of fundamental rights, the rule of law, separation of powers, and respect for specialist expertise—and democracy—which requires that the state be responsible to an electorate composed of all eligible voters—by concentrating unconstrained power in a single individual. Anticipating defeat in the 2016 election, Trump attacked suggestions that he had sought, or even benefited from, Russian assistance despite the evidence, and he made repeated claims of election fraud. In 2020, fearful that his mishandling of the pandemic had alienated voters, he intensified the allegations of fraud, demanding recounts, pressuring state legislatures and state election officials, advancing bizarre conspiracy theories, and finally, calling for a massive demonstration, urging protesters to march to the Capitol to pressure Congress, promising to accompany them. But as this book documents, Trump’s efforts to nullify the result of the 2020 election failed. As the courts rejected his numerous challenges, state election officials loyally performed their statutory duties, the Justice Department found no evidence of fraud, and politicians from all sides certified Biden’s victory, this book traces the many, and varied, forms of the defense of liberal democracy located within both the state and civil society, including law (judges, government lawyers, and private practitioners), the media, NGOs, science (and other forms of expertise), and civil servants (in federal, state, and local government). Evaluating their efficacy, the book maintains, is vital if—as history has repeatedly taught us—the price of liberal democracy, like that of liberty itself, is eternal vigilance.This definitive account and analysis of Trumpism and the resistance to it will appeal to scholars, students, and others with interests in politics, populism, and the rule of law and, more specifically, to those concerned with resisting the threat that autocracy poses to liberal democracy.The Cambridge Handbook of Facial Recognition in the Modern State (Cambridge Law Handbooks)
By Rita Matulionyte, Monika Zalnieriute. 2024
In situations ranging from border control to policing and welfare, governments are using automated facial recognition technology (FRT) to collect…
taxes, prevent crime, police cities and control immigration. FRT involves the processing of a person's facial image, usually for identification, categorisation or counting. This ambitious handbook brings together a diverse group of legal, computer, communications, and social and political science scholars to shed light on how FRT has been developed, used by public authorities, and regulated in different jurisdictions across five continents. Informed by their experiences working on FRT across the globe, chapter authors analyse the increasing deployment of FRT in public and private life. The collection argues for the passage of new laws, rules, frameworks, and approaches to prevent harms of FRT in the modern state and advances the debate on scrutiny of power and accountability of public authorities which use FRT. This book is also available as Open Access on Cambridge Core.Indigenous Writes: A Guide to First Nations, Métis, & Inuit Issues in Canada
By Chelsea Vowel. 2016
Delgamuukw. Sixties Scoop. Bill C-31. Blood quantum. Appropriation. Two-Spirit. Tsilhqot&’in. Status. TRC. RCAP. FNPOA. Pass and permit. Numbered Treaties. Terra…
nullius. The Great Peace… Are you familiar with the terms listed above? In Indigenous Writes, Chelsea Vowel, legal scholar, teacher, and intellectual, opens an important dialogue about these (and more) concepts and the wider social beliefs associated with the relationship between Indigenous Peoples and Canada. In 31 essays, Chelsea explores the Indigenous experience from the time of contact to the present, through five categories—Terminology of Relationships; Culture and Identity; Myth-Busting; State Violence; and Land, Learning, Law, and Treaties. She answers the questions that many people have on these topics to spark further conversations at home, in the classroom, and in the larger community. Indigenous Writes is one title in The Debwe Series.Forensic Science Laboratory Benchmarking: The FORESIGHT Manual
By Max M. Houck, Paul J. Speaker. 2024
Forensic Science Laboratory Benchmarking: The FORESIGHT Manual takes a step-by-step instructional approach to utilizing FORESIGHT data, detailing how labs can…
participate in the process to improve efficiencies. The FORESIGHT Project—a business benchmarking process for forensic service providers—was created in 2008 to collect and report data while offering improvement to processes through analysis, comparisons, and best practice evaluations. The program has grown to include more than 200 participating forensic laboratories worldwide.FORESIGHT offers the capability for labs to improve core functions, provide and benefit from metrics, and thus, improve the labs capabilities and functioning for the public good, while maintaining their often limited, fixed budgets. Due to ever-increasing caseloads, forensic laboratories are constantly plagued by backlogged casework—cases submitted to the laboratory but not yet worked. This leads to inefficiencies, delays, and unhappy agencies expecting timely results. Unfortunately, even if a lab’s slates were wiped clean and the backlog were erased, many of the inefficient processes—that created the backlog—would still be in place. Eventually, and inevitably, the lab would develop a new backlog.Unique coverage and features: Presents critical and proven cutting-edge measures to utilize FORESIGHT data improve laboratory testing, operational efficiency, and policies without added additional costs. Synthesizes the data input from more than 200 labs and a decade’s worth of analytics to illustrate process improvements and the advantages of participating. Outlines how to develop data-driven responses to solve current and future problems. Forensic Science Laboratory Benchmarking will be of interest to quality assurance specialists, economists, supervisors in the parent agencies of the labs, managers at all levels of any of the hundreds of public laboratories around the world, and anyone concerned about the effectiveness and efficiency of laboratory testing. As an operational guide, the book provides a helpful roadmap to help public science agencies and forensic labs analyze how they operate, improve on what works, and change what doesn’t to better meet their mission and serve their community’s goals.United Nations Peacekeeping and the Principle of Non-Intervention: A TWAIL Perspective
By Jennifer Giblin. 2024
Using a unique application of Third World Approaches to International Law (TWAIL), this book provides a critical, interdisciplinary, examination of…
the contemporary practice of UN peacekeeping.Is peacekeeping intervention? Since its conception in the mid-1950s, peacekeeping has significantly evolved from traditional, lightly armed, passive operations to robust, multi-dimensional stabilisation peacekeeping operations. This raises questions as to whether this is simply a natural evolution of peacekeeping or whether it marks an expansion of the concept beyond its boundaries, pushing it into the realm of peace enforcement or intervention. In response, this book examines the frameworks which govern UN peacekeeping and seeks to understand the relationship between peacekeeping and the principle of non-intervention. Providing practical examples from the United Nations’ operations in the Democratic Republic of the Congo and drawing upon interviews with key international actors including UN personnel, the book explores the boundaries of peacekeeping, contending that peacekeeping, at times, becomes a form of intervention. This, the book argues, is detrimental both to the concept of peacekeeping and to the host state, and it concludes by offering a series of recommendations to re-affirm peacekeeping’s boundaries and amplify the effectiveness of contemporary peacekeeping. This book will be of interest to scholars and students in international law, international relations, politics, history and criminology.Home and International Law: Dispossession, Displacement and Resistance in Everyday Life
By Henrietta Zeffert. 2024
This book is about home and international law. More specifically, it is about the profound, and frequently devastating, transformations of…
home that are happening almost everywhere in the world today and what international law has to do with them. Through three stories of home – the desert home, the lake home and the city home – this book traces how the everyday operations of international law shape the material, affective and imaginative experience of home. It argues that international law’s ‘homemaking work’ is characterised by acts of domination, practices of resistance and the production of unhomely spaces. However, the book also considers whether and how the liberatory potential of international law could be unlocked through the metaphor of home. This book draws from fieldwork conducted by the author in Palestine, Cambodia and the United Kingdom. It takes a global socio-legal approach to home and international law, informed by feminist political theory, feminist geography, home studies and contemporary critical approaches to international law. It is the first academic work to examine the relationship between home and international law. This book’s global socio-legal approach to home and international law will be of interest to those teaching and studying in international law, socio-legal studies, legal pluralism and legal geography.Diverse Voices in Tort Law
By Kirsty Horsey. 2024
This captivating book explores uncharted territory in tort law, shedding light on underexplored viewpoints in the field. The collection brings…
issues of social class, race, gender, marginalisation, vulnerability and harm into conversation with core tort law topics to encourage a more critical examination of the law and its impact on different groups of people. Written by experts in the main areas of tort law from negligence to defamation and personal torts, chapters will: • deepen students’ understanding of the central concepts and practices of tort law; • uncover the power imbalances and privileges that underpin tort law decisions and their impact on lived experiences; • amplify under-represented voices by signposting to the work and ideas of scholars that are less visible in the field. Integrating marginalised perspectives into the curriculum and discourse, this indispensable textbook paves the way for a more inclusive and comprehensive understanding of tort law. Chapter 9 available open access digitally under CC-BY licence.Routledge Handbook of Homicide Studies (Routledge International Handbooks)
By Kyle A. Burgason, Matt DeLisi. 2024
The Routledge Handbook of Homicide Studies comprehensively examines the topic of homicide from a diverse collection of perspectives and backgrounds.…
It brings together original contributions on homicide, with a focus on the broad range of impacts of homicide from a multitude of disciplines that evaluate and examine homicide in actual practice and theory. The editors have assembled a comprehensive collection highlighting the multifaceted causes and ramifications of homicide both across the United States and globally, with chapters exploring the current state of homicide, typologies of homicides offenders, causes and correlates of homicide, homicides and the criminal justice system, and a professional observations chapters authored by some of the leading practicing professionals in the world, many of whom have made pivotal contributions to the evaluation and investigation of homicide offenders and cases. Providing state-of-the-art scholarship on homicide in modern society, this handbook is a key collection and an invaluable resource for students, researchers, and practitioners engaged in the study of homicide across a diverse range of disciplines, including criminal justice and criminology, psychology, sociology, forensics, interdisciplinary departments, and sociolegal studies.Indigenous Writes: A Guide to First Nations, Métis, & Inuit Issues in Canada
By Chelsea Vowel. 2016
Delgamuukw. Sixties Scoop. Bill C-31. Blood quantum. Appropriation. Two-Spirit. Tsilhqot&’in. Status. TRC. RCAP. FNPOA. Pass and permit. Numbered Treaties. Terra…
nullius. The Great Peace… Are you familiar with the terms listed above? In Indigenous Writes, Chelsea Vowel, legal scholar, teacher, and intellectual, opens an important dialogue about these (and more) concepts and the wider social beliefs associated with the relationship between Indigenous Peoples and Canada. In 31 essays, Chelsea explores the Indigenous experience from the time of contact to the present, through five categories—Terminology of Relationships; Culture and Identity; Myth-Busting; State Violence; and Land, Learning, Law, and Treaties. She answers the questions that many people have on these topics to spark further conversations at home, in the classroom, and in the larger community. Indigenous Writes is one title in The Debwe Series.In The Case of Literature, Arne Höcker offers a radical reassessment of the modern European literary canon. His reinterpretations of…
Goethe, Schiller, Büchner, Döblin, Musil, and Kafka show how literary and scientific narratives have determined each other over the past three centuries, and he argues that modern literature not only contributed to the development of the human sciences but also established itself as the privileged medium for a modern style of case-based reasoning.The Case of Literature deftly traces the role of narrative fiction in relation to the scientific knowledge of the individual from eighteenth-century psychology and pedagogy to nineteenth-century sexology and criminology to twentieth-century psychoanalysis. Höcker demonstrates how modern authors consciously engaged casuistic forms of writing to arrive at new understandings of literary discourse that correspond to major historical transformations in the function of fiction. He argues for the centrality of literature to changes in the conceptions of psychological knowledge production around 1800; legal responsibility and institutionalized forms of decision-making throughout the nineteenth century; and literature's own realist demands in the early twentieth century.Semi-finalist for the Robert F. Kennedy Memorial Book AwardIn 1996, a terrible epidemic began killing young American women. Some died…
quickly, literally dropping in their steps. Others took more time, from a few months to a few years. Those who weren't killed suffered damage to their lungs and hearts, much of it permanent and reparable only with major surgery. Doctors suspected what the killer was. So did the Food and Drug Administration. The culprits were the two most popular diet drugs in the United States, Pondimin, one-half of the popular drug combination Fen-Phen, and Redux, a stronger version of Pondimin. They were also two of the most profitable drugs on the market, and both were produced and sold by a powerful pharmaceutical company, Wyeth-Ayerst, a division of American Home Products. Dispensing the Truth is the gripping storry of what the drug really knew about its drugs, the ways it kept this information from the public, doctors, and FDA, and the massive legal battles that ensued as victims and their attorneys searched for the truth behind the debacle.It tells the story of a healthy young woman, Mary Linnen, who took the drugs for only twenty-three days to lose weight before her wedding, and then died in the arms of her fiance a few months later. Hers was the first wrongful-death suit filed amd would become the most important single suit the company would ever face.Alicia Mundy provides a shocking and thoroughly riveting narrative. It is a stark look at the consequences of greed and a cautionary tale for the future.Ordinary Injustice: How America Holds Court
By Amy Bach. 2009
"A groundbreaking book . . . revealing the systemic, everyday problems in our courts that must be addressed if justice…
is truly to be served."—Doris Kearns GoodwinAttorney and journalist Amy Bach spent eight years investigating the widespread courtroom failures that each day upend lives across America. What she found was an assembly-line approach to justice: a system that rewards mediocre advocacy, bypasses due process, and shortchanges both defendants and victims to keep the court calendar moving. Here is the public defender who pleads most of his clients guilty with scant knowledge about their circumstances; the judge who sets outrageous bail for negligible crimes; the prosecutor who habitually declines to pursue significant cases; the court that works together to achieve a wrongful conviction. Going beyond the usual explanations of bad apples and meager funding, Ordinary Injustice reveals a clubby legal culture of compromise, and shows the tragic consequences that result when communities mistake the rules that lawyers play by for the rule of law. It is time, Bach argues, to institute a new method of checks and balances that will make injustice visible—the first and necessary step to reform.The Price of Justice: A True Story of Greed and Corruption
By Laurence Leamer. 2013
A nonfiction legal thriller that traces the fourteen-year struggle of two lawyers to bring the most powerful coal baron in…
American history, Don Blankenship, to justiceDon Blankenship, head of Massey Energy since the early 1990s, ran an industry that provides nearly half of America's electric power. But wealth and influence weren't enough for Blankenship and his company, as they set about destroying corporate and personal rivals, challenging the Constitution, purchasing the West Virginia judiciary, and willfully disregarding safety standards in the company's mines—in which scores died unnecessarily.As Blankenship hobnobbed with a West Virginia Supreme Court justice in France, his company polluted the drinking water of hundreds of citizens while he himself fostered baroque vendettas against anyone who dared challenge his sovereignty over coal mining country. Just about the only thing that stood in the way of Blankenship's tyranny over a state and an industry was a pair of odd-couple attorneys, Dave Fawcett and Bruce Stanley, who undertook a legal quest to bring justice to this corner of America. From the backwoods courtrooms of West Virginia they pursued their case all the way to the U.S. Supreme Court, and to a dramatic decision declaring that the wealthy and powerful are not entitled to purchase their own brand of law.The Price of Justice is a story of corporate corruption so far-reaching and devastating it could have been written a hundred years ago by Ida Tarbell or Lincoln Steffens. And as Laurence Leamer demonstrates in this captivating tale, because it's true, it's scarier than fiction.A Lawyer's Life
By Johnnie Cochran, David Fisher. 2002
The most famous lawyer in America talks about the law, his life, and how he has won.Johnnie Cochran has been…
a lawyer for almost forty years. In that time, he has taken on dozens of groundbreaking cases and emerged as a pivotal figure in race relations in America. Cochran gained international recognition as one of America's best - and most controversial lawyers - for leading 'the Dream Team' defense of accused killer O.J. Simpson in the Trial of the Century. Many people formed their perception of Cochran based on his work in that trial. But long before the Simpson trial and since then Johnnie Cochran has been a leader in the fight for justice for all Americans. This is his story.Cochran emerged from the trial as one of the nation's leading African-American spokespersons - and he has done most of his talking through the courtroom. Abner Louima. Amadou Diallo. The racially-profiled New Jersey Turnpike Four. Sean "P. Diddy" Combs. Patrick Dorismond. Cynthia Wiggins. These are the names that have dominated legal headlines - and Cochran was involved with each of them. No one who first encountered him during the Simpson trial can appreciate his impact on our world until they've read his whole story.Drawing on Cochran's most intriguing and difficult cases, A Lawyer's Life shows how he's fought his critics, won for his clients, and affected real change within the system. This is an intimate and compelling memoir of one lawyer's attempt to make us all truly equal in the eyes of the law.The Cambridge Handbook of Private Law and Artificial Intelligence (Cambridge Law Handbooks)
By Ernest Lim, Phillip Morgan. 2024
AI appears to disrupt key private law doctrines, and threatens to undermine some of the principal rights protected by private…
law. The social changes prompted by AI may also generate significant new challenges for private law. It is thus likely that AI will lead to new developments in private law. This Cambridge Handbook is the first dedicated treatment of the interface between AI and private law, and the challenges that AI poses for private law. This Handbook brings together a global team of private law experts and computer scientists to deal with this problem, and to examine the interface between private law and AI, which includes issues such as whether existing private law can address the challenges of AI and whether and how private law needs to be reformed to reduce the risks of AI while retaining its benefits.European Union Law: Text and Materials (Routledge Revivals Ser.)
By Null Damian Chalmers, Null Gareth Davies, Null Giorgio Monti, Null Veerle Heyvaert. 2024
This new edition sets out an account of EU law that includes not only that law's established features, but captures…
its development in recent years and the challenges facing the European Union. With dedicated new chapters on climate change, data protection, free movement of capital, and the EU's relations with other European States, topics such as the Union's response to covid-19 and the Ukraine crisis are addressed in detail. As with previous editions, the new edition integrates case law, legislation, academic materials and wider policy contributions in a way that broadens students' understanding of the law and prompts greater critical reflection on the limits, challenges, and possibilities of EU law. It seeks to set out EU law not so much as a series of laws to be learned but as something that stimulates heavy debate about some of the most contentious and significant issues of our time.Witness for the Defense: The Accused, the Eyewitness, and the Expert Who Puts Memory on Trial
By Elizabeth Loftus, Katherine Ketcham. 1991
"The study of memory had become my specialty, my passion. In the next few years I wrote dozens of papers…
about how memory works and how it fails, but unlike most researchers studying memory, my work kept reaching out into the real world. To what extent, I wondered, could a person's memory be shaped by suggestion? When people witness a serious automobile accident, how accurate is their recollection of the facts? If a witness is questioned by a police officer, will the manner of questioning alter the representation of the memory? Can memories be supplemented with additional, false information?"The "passion" Loftus describes in the lines above led her to a teaching career at the University of Washington and, perhaps more importantly, into hundreds of courtrooms as an expert witness on the fallibility of eyewitness accounts. As she has explained in numerous trials, and as she convincingly argues in this absorbing book, eyewitness accounts can be and often are so distorted that they no longer resemble the truth.Convictions is a spellbinding story from the front lines of the fight against crime. Most Americans know little about the…
work of assistant United States attorneys, the federal prosecutors who possess sweeping authority to investigate and prosecute the nation's most dangerous criminals. John Kroger pursued high-profile cases against Mafia killers, drug kingpins, and Enron executives. Starting from his time as a green recruit and ending at the peak of his career, he steers us through the complexities of life as a prosecutor, where the battle in the courtroom is only the culmination of long and intricate investigative work. He reveals how to flip a perp, how to conduct a cross, how to work an informant, how to placate a hostile judge. Kroger relates it all with a novelist's eye for detail and a powerful sense of the ethical conflicts he faces. Often dissatisfied with the system, he explains why our law enforcement policies frequently fail in critical areas like drug enforcement and white-collar crime. He proposes new ways in which we can fight crime more effectively, empowering citizens to pressure their lawmakers to adopt more productive policies. This is an unflinching portrait of a crucial but little-understood part of our justice system, and Kroger is an eloquent guide.What It Feels Like: Visceral Rhetoric and the Politics of Rape Culture (Rhetoric and Democratic Deliberation)
By Stephanie R. Larson. 2021
Winner of the 2022 Association for the Rhetoric of Science, Technology, and Medicine (ARSTM) Book AwardWinner of the 2022 Winifred…
Bryan Horner Outstanding Book Award from the Coalition of Feminist Scholars in the History of Rhetoric and CompositionWhat It Feels Like interrogates an underexamined reason for our failure to abolish rape in the United States: the way we communicate about it. Using affective and feminist materialist approaches to rhetorical criticism, Stephanie Larson examines how discourses about rape and sexual assault rely on strategies of containment, denying the felt experiences of victims and ultimately stalling broader claims for justice.Investigating anti-pornography debates from the 1980s, Violence Against Women Act advocacy materials, sexual assault forensic kits, public performances, and the #MeToo movement, Larson reveals how our language privileges male perspectives and, more deeply, how it is shaped by systems of power—patriarchy, white supremacy, ableism, and heteronormativity. Interrogating how these systems work to propagate masculine commitments to “science” and “hard evidence,” Larson finds that US culture holds a general mistrust of testimony by women, stereotyping it as “emotional.” But she also gives us hope for change, arguing that testimonies grounded in the bodily, material expression of violation are necessary for giving voice to victims of sexual violence and presenting, accurately, the scale of these crimes. Larson makes a case for visceral rhetorics, theorizing them as powerful forms of communication and persuasion.Demonstrating the communicative power of bodily feeling, Larson challenges the long-held commitment to detached, distant, rationalized discourses of sexual harassment and rape. Timely and poignant, the book offers a much-needed corrective to our legal and political discourses.Passing to América: Antonio (Née María) Yta’s Transgressive, Transatlantic Life in the Twilight of the Spanish Empire
By Thomas A. Abercrombie. 2018
In 1803 in the colonial South American city of La Plata, Doña Martina Vilvado y Balverde presented herself to church…
and crown officials to denounce her husband of more than four years, Don Antonio Yta, as a “woman in disguise.” Forced to submit to a medical inspection that revealed a woman’s body, Don Antonio confessed to having been María Yta, but continued to assert his maleness and claimed to have a functional “member” that appeared, he said, when necessary.Passing to América is at once a historical biography and an in-depth examination of the sex/gender complex in an era before “gender” had been divorced from “sex.” The book presents readers with the original court docket, including Don Antonio’s extended confession, in which he tells his life story, and the equally extraordinary biographical sketch offered by Felipa Ybañez of her “son María,” both in English translation and the original Spanish. Thomas A. Abercrombie’s analysis not only grapples with how to understand the sex/gender system within the Spanish Atlantic empire at the turn of the nineteenth century but also explores what Antonio/María and contemporaries can teach us about the complexities of the relationship between sex and gender today.Passing to América brings to light a previously obscure case of gender transgression and puts Don Antonio’s life into its social and historical context in order to explore the meaning of “trans” identity in Spain and its American colonies. This accessible and intriguing study provides new insight into historical and contemporary gender construction that will interest students and scholars of gender studies and colonial Spanish literature and history.This book is freely available in an open access edition thanks to TOME (Toward an Open Monograph Ecosystem)—a collaboration of the Association of American Universities, the Association of University Presses and the Association of Research Libraries—and the generous support of New York University. Learn more at the TOME website: openmonographs.org.