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Child Rights & Remedies
Robert C. Fellmeth
Child Rights and Remedies provides a comprehensive examination of how United States law and policy affects the lives and futures of children. This law school text covers a broad spectrum of major cases, statutes, and relevant empirical evidence that illustrate how children are faring in light of how our legal and political systems function. Uniquely among juvenile law texts, Child Rights and Remedies begins by delving into the underlying political context of available remedies for children, highlighting the special status of children – a status that does not always work to their advantage, particularly vis a vis special interests with far greater access to and influence over all branches of government. Within this context, the text explores the barriers to developing policy favorable to children with regard to poverty, education, health, special needs, child care, child abuse, juvenile delinquency, reproductive rights, custody and civil liberties. This updated edition also explores the timely issue of immigration and the rights of children, a politically charged area of law and policy deeply impacting vast numbers of children. In addition to the almost 200 legal references that cover major federal and influential state court decisions, the text contains probing questions and commentary designed to challenge the reader to consider diverse points of view and construct compelling legal arguments. Broad analysis of constitutional law and civil procedure complements the child-specific content, making Child Rights and Remedies a valuable tool for any student of the law. For those concerned about the well-being of children in this country and beyond, this text is an essential guide for powerfully advocating for their rights and representing their interests.
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The disenchantment of secular discourse
Steven D. Smith
Prominent observers complain that public discourse in America is shallow and unedifying -- This debased conditions often attributed to, among other things, the resurgence of religion in public life. Steven D. Smith argues that this diagnosis has the matter backwards: it is not primarily religion but rather the strictures of secular rationalism that have drained our modern discourse of force and authenticity. Thus Rawlsian public reason filters appeals to religion or other comprehensive doctrines out of public deliberation. But these restrictions have the effect of excluding our deepest normative commitments, virtually assuring that the discourse will be shallow. Furthermore, because we cannot defend our normative positions without resorting to convictions that secular discourse deems inadmissible, we are frequently forced to smuggle in those convictions under the guise of benign notions such as freedom and equality. Smith suggests that this sort of smuggling is pervasive in modern secular discourse. He shows this by considering a series of controversial, contemporary issues, including the Supreme Court's assisted-suicide decisions, the harm principle, separation of church and state, and freedom of conscience. He concludes by suggesting that it is possible and desirable to free public discourse of the constraints associated with secularism and public reason.
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Crime and Culpability: A Theory of Criminal Law
Larry Alexander, Kimberly Kessler Ferzan, and Stephen J. Morse
This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. They conclude with a discussion of rules versus standards in criminal law and offer a description of the shape of criminal law in the event that the authors' conceptualization is put into practice
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Racial Justice in the Age of Obama
Roy L. Brooks
With the election of Barack Obama as the first black president of the United States, the issue of racial justice in America occupies center stage. Have black Americans finally achieved racial justice? Is government intervention no longer required? Racial Justice in the Age of Obama considers contemporary civil rights questions and theories, and offers fresh insights and effective remedies for race issues in America today. While there are now unprecedented opportunities for talented African Americans, Roy Brooks shows that lingering deficiencies remain within the black community. Exploring solut
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Atonement and Forgiveness: A New Model for Black Reparations
Roy L. Brooks
Roy Brooks reframes one of the most important, controversial & misunderstood issues of modern times in this reassessment of the debate on black reparation. He shifts the focus from the backward-looking question of compensation for victims to a more forward-looking opportunity for racial reconciliation
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Teacher's manual to accompany international business transactions: a problem-oriented coursebook
Ralph H. Folsom, Michael W. Gordon, and John A. Spanogle
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NAFTA and free trade in the Americas: a problem-oriented coursebook
Ralph H. Folsom, Michael W. Gordon, and David A. Gantz
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The Rule of Rules: Morality, Rules, and the Dilemmas of Law
Larry Alexander and Emily Sherwin
Rules perform a moral function by restating moral principles in concrete terms, so as to reduce the uncertainty, error, and controversy that result when individuals follow their own unconstrained moral judgment. Although reason dictates that we must follow rules to avoid destructive error and controversy, rules—and hence laws—are imperfect, and reason also dictates that we ought not follow them when we believe they produce the wrong result in a particular case. In The Rule of Rules Larry Alexander and Emily Sherwin examine this dilemma. Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion
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Civil Rights Litigation: Cases and Materials
Roy L. Brooks, Gilbert Paul Carrasco, and Michael Selmi
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Shaping the Sierra: nature, culture, and conflict in the changing west
Timothy P. Duane and University of California Press
Timothy P. Duane documents the impact of rapid population growth on the culture, economy, and ecology of the Sierra Nevada since the late 1960s. He also recommends innovative policies for mitigating the negative effects of future population growth in this spectacular but threatened region, as well as throughout the rural west.
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