The Deshaney Case

Autor: Lynne Curry
Publisher: Univ Pr of Kansas
ISBN:
File Size: 16,63 MB
Format: PDF, Kindle
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"Poor Joshua!" lamented Justice Harry Blackmun in his famous dissent. "Victim of repeated attacks by an irresponsible, bullying, obviously cowardly, and intemperate father, and abandoned by respondents who placed him in a dangerous predicament and who knew or learned what was going on, and yet did essentially nothing...." Even so, the Supreme Court, by a 6-to-3 margin, absolved Wisconsin officials of any negligence in a case that had left a young child profoundly damaged for the rest of his life. Does the Constitution protect children from violent parents? As Lynne Curry shows, that was the central question at issue when Melody DeShaney initially sued Wisconsin for failing to protect her battered son Joshua from her estranged husband, thus violating her son's constitutional right to due process. The resulting case, DeShaney v. Winnebago County (1989), was a highly emotional one pitting the family against the state and challenging our views on domestic relations, child abuse, and the responsibilities--and limits--of state action regarding the private lives of citizens. The Supreme Court's controversial decision ruled that the Constitution was intended to limit state action rather than oblige the state to interfere in private affairs. It viewed the Due Process Clause as a limitation on the state's power to act, not a guarantee of safety and security, not even for children who depend on the state for their survival. In this first book-length analysis of the case, Curry helps readers understand how considerations of "what should be" are not always reflected in legal reasoning. Curry brings to light details that have been ignored or neglected and covers both the criminal and civilproceedings to retell a story that still shocks. Drawing on legal briefs and social work case files, she reviews the legal machinations of the state and includes personal stories of key actors: family members, social workers, police officers, child advocates, and opposing attorneys. She then clearly analyzes the majority and dissenting opinions from the Court, as well as reactions from the court of public opinion. Joshua DeShaney depended on the state for protection but found no satisfaction in the courts when the state failed him. The DeShaney Case offers a much-needed perspective on the dilemmas his predicament posed for our legal system and fresh insight into our ambivalent views of the role that the state should play in our daily lives.

Prisoners Of Reason

Autor: S. M. Amadae
Publisher: Cambridge University Press
ISBN: 1107064031
File Size: 33,34 MB
Format: PDF, Mobi
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Using the theory of Prisoner's Dilemma, Prisoners of Reason explores how neoliberalism departs from classic liberalism and how it rests on game theory.

Program

Autor: Organization of American Historians. Meeting
Publisher:
ISBN:
File Size: 60,92 MB
Format: PDF, ePub
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Understanding Juvenile Law

Autor: Martin R. Gardner
Publisher: LexisNexis
ISBN: 0769891713
File Size: 62,55 MB
Format: PDF
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This Understanding treatise discusses the various bodies of law in relation to a fundamental issue permeating the entire field of juvenile law: the extent to which the law should protect young people rather than recognize them as autonomous persons. While the law traditionally adopted a protectionist posture, recent legal developments appear to recognize autonomy rights of adolescents in certain contexts. These developments are praised by some commentators who advocate wholesale rejection of the paternalistic model in favor of a system that treats adolescents as full-fledged persons under the law. This eBook does not advocate any particular resolution of the current debate about the nature of the rights of young people; rather, it suggests that sensitivity to the issues and arguments entailed in that debate is essential to any true understanding of the present state of juvenile law. With these concerns in mind, Understanding Juvenile Law begins with a general discussion of the nature of the rights of juveniles and the perception that young people constitute a unique class under the law. This theoretical introduction will serve as a background for subsequent discussion of juvenile law doctrine. The discussion separates aspects of juvenile law arising outside the juvenile justice system (defined in this text as the system of separate courts organized to deal with "delinquents" and "status offenders") from those arising within that system. This division is created as a useful means of organizing the doctrinal material, given the extensive body of rules that govern the juvenile justice system. Moreover, this organization permits the juvenile justice section to stand by itself as an independent text for students in courses that cover only that aspect of juvenile law.

Pulled Over

Autor: Charles R. Epp
Publisher: University of Chicago Press
ISBN: 022611404X
File Size: 51,88 MB
Format: PDF, ePub, Mobi
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In sheer numbers, no form of government control comes close to the police stop. Each year, twelve percent of drivers in the United States are stopped by the police, and the figure is almost double among racial minorities. Police stops are among the most recognizable and frequently criticized incidences of racial profiling, but, while numerous studies have shown that minorities are pulled over at higher rates, none have examined how police stops have come to be both encouraged and institutionalized. Pulled Over deftly traces the strange history of the investigatory police stop, from its discredited beginning as “aggressive patrolling” to its current status as accepted institutional practice. Drawing on the richest study of police stops to date, the authors show that who is stopped and how they are treated convey powerful messages about citizenship and racial disparity in the United States. For African Americans, for instance, the experience of investigatory stops erodes the perceived legitimacy of police stops and of the police generally, leading to decreased trust in the police and less willingness to solicit police assistance or to self-censor in terms of clothing or where they drive. This holds true even when police are courteous and respectful throughout the encounters and follow seemingly colorblind institutional protocols. With a growing push in recent years to use local police in immigration efforts, Hispanics stand poised to share African Americans’ long experience of investigative stops. In a country that celebrates democracy and racial equality, investigatory stops have a profound and deleterious effect on African American and other minority communities that merits serious reconsideration. Pulled Over offers practical recommendations on how reforms can protect the rights of citizens and still effectively combat crime.

To The End Of June

Autor: Cris Beam
Publisher: Houghton Mifflin Harcourt
ISBN: 0547999534
File Size: 59,12 MB
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A New York Times Notable Book “Casts a searing eye on the labyrinth that is the American foster care system.” — NPR’s On Point Who are the children of foster care? What, as a country, do we owe them? Cris Beam, a foster mother herself, spent five years immersed in the world of foster care looking into these questions and tracing firsthand stories. The result is To the End of June, an unforgettable portrait that takes us deep inside the lives of foster children in their search for a stable, loving family. Beam shows us the intricacies of growing up in the system—the back-and-forth with agencies, the rootless shuffling between homes, the emotionally charged tug between foster and birth parents, the terrifying push out of foster care and into adulthood. Humanizing and challenging a broken system, To the End of June offers a tribute to resiliency and hope for real change. “[A] powerful . . . and refreshing read.” — Chicago Tribune “A sharp critique of foster-care policies and a searching exploration of the meaning of family.” — Publishers Weekly, starred review “Heart-rending and tentatively hopeful.” — Salon

Beating The Workplace Bully

Autor: Lynne Curry
Publisher: AMACOM
ISBN: 0814436897
File Size: 35,53 MB
Format: PDF
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Bullies aren't limited to the playground. These days, they roam our offices and can be found everywhere from break rooms to boardrooms. They don't steal your lunch money, but they can make your work life a living hell-and even ruin your career. Whether the bully is a boss or a coworker...whether you're the target of manipulation, intimidation, verbal abuse, or deliberate humiliation, Beating the Workplace Bully will show you how to fight back. Filled with exercises, assessments, and real-life examples, this empowering guide helps you recognize what's been making you a victim...and reveals how to: Avoid typical bully traps * Remain aware and in charge * Move past your fear * Calm yourself in any confrontation * Keep your dignity intact * Build confidence * Handle sneak attacks * Strengthen your resolve * Understand the steps that your employer or supervisors can take to address the issue * Combat cyberbullying * And more With this practical, personal coaching program in your corner, you can reclaim your power-and defeat the office bully once and for all.