International Law


Malcolm N. Shaw - 1991
    The fifth edition includes new material on Inter-state Courts and Tribunals, arbitration tribunals and the role of international institutions such as the WTO. It will remain an invaluable resource for students and practitioners alike. While essential reading for students of international relations and the political sciences, the scope of the text also makes it of interest to lawyers and government and international employees. Previous Edition Hb (1997): 0-521-59384-0 Previous Edition Pb (1997): 0-521-57667-9

Not a Suicide Pact: The Constitution in a Time of National Emergency


Richard A. Posner - 2006
    citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens--many of the measures taken by the Bush administration since 9/11 have sparked heated protests. In Not a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger.Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. These issues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is sui generis--it is neither war nor crime--and it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posner stresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory.One of America's top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate.OXFORD'S NEW INALIENABLE RIGHTS SERIESThis is inaugural volume in Oxford's new fourteen-book Inalienable Rights Series. Each book will be a short, analytically sharp exploration of a particular right--to bear arms, to religious freedom, to free speech--clarifying the issues swirling around these rights and challenging us to rethink our most cherished freedoms.

The Social Order of the Underworld: How Prison Gangs Govern the American Penal System


David Skarbek - 2014
    Few people think of gangs as sophisticated organizations (often with elaborate written constitutions) that regulate the prison black market, adjudicate conflicts, and strategically balance the competing demands of inmates, gang members, and correctional officers. Yet as David Skarbek argues, gangs form to create order among outlaws, producing alternative governance institutions to facilitate illegal activity. He uses economics to explore the secret world of the convict culture, inmate hierarchy, and prison gang politics, and to explain why prison gangs form, how formal institutions affect them, and why they have a powerful influence over crime even beyond prison walls. The ramifications of his findings extend far beyond the seemingly irrational and often tragic society of captives. They also illuminate how social and political order can emerge in conditions where the traditional institutions of governance do not exist.

Automating Inequality: How High-Tech Tools Profile, Police, and Punish the Poor


Virginia Eubanks - 2018
    In Pittsburgh, a child welfare agency uses a statistical model to try to predict which children might be future victims of abuse or neglect.Since the dawn of the digital age, decision-making in finance, employment, politics, health and human services has undergone revolutionary change. Today, automated systems—rather than humans—control which neighborhoods get policed, which families attain needed resources, and who is investigated for fraud. While we all live under this new regime of data, the most invasive and punitive systems are aimed at the poor.In Automating Inequality, Virginia Eubanks systematically investigates the impacts of data mining, policy algorithms, and predictive risk models on poor and working-class people in America. The book is full of heart-wrenching and eye-opening stories, from a woman in Indiana whose benefits are literally cut off as she lays dying to a family in Pennsylvania in daily fear of losing their daughter because they fit a certain statistical profile.The U.S. has always used its most cutting-edge science and technology to contain, investigate, discipline and punish the destitute. Like the county poorhouse and scientific charity before them, digital tracking and automated decision-making hide poverty from the middle-class public and give the nation the ethical distance it needs to make inhumane choices: which families get food and which starve, who has housing and who remains homeless, and which families are broken up by the state. In the process, they weaken democracy and betray our most cherished national values.This deeply researched and passionate book could not be more timely.Naomi Klein: "This book is downright scary."Ethan Zuckerman, MIT: "Should be required reading."Dorothy Roberts, author of Killing the Black Body: "A must-read for everyone concerned about modern tools of inequality in America."Astra Taylor, author of The People's Platform: "This is the single most important book about technology you will read this year."

Institutions, Institutional Change and Economic Performance


Douglass C. North - 1990
    Institutions exist, he argues, due to the uncertainties involved in human interaction; they are the constraints devised to structure that interaction. Yet, institutions vary widely in their consequences for economic performance; some economies develop institutions that produce growth and development, while others develop institutions that produce stagnation. North first explores the nature of institutions and explains the role of transaction and production costs in their development. The second part of the book deals with institutional change. Institutions create the incentive structure in an economy, and organizations will be created to take advantage of the opportunities provided within a given institutional framework. North argues that the kinds of skills and knowledge fostered by the structure of an economy will shape the direction of change and gradually alter the institutional framework. He then explains how institutional development may lead to a path-dependent pattern of development. In the final part of the book, North explains the implications of this analysis for economic theory and economic history. He indicates how institutional analysis must be incorporated into neo-classical theory and explores the potential for the construction of a dynamic theory of long-term economic change. Douglass C. North is Director of the Center of Political Economy and Professor of Economics and History at Washington University in St. Louis. He is a past president of the Economic History Association and Western Economics Association and a Fellow, American Academy of Arts and Sciences. He has written over sixty articles for a variety of journals and is the author of The Rise of the Western World: A New Economic History (CUP, 1973, with R.P. Thomas) and Structure and Change in Economic History (Norton, 1981). Professor North is included in Great Economists Since Keynes edited by M. Blaug (CUP, 1988 paperback ed.)

Memoir on Pauperism: Does Public Charity Produce an Idle and Dependent Class of Society?


Alexis de Tocqueville - 1911
    -from "Memoir on Pauperism" Inspired by a trip to England at a time when that nation was in the throes of political, social, and economic strife and poverty was rampant, political philosopher Alexis de Tocqueville developed his theories on civil society as it relates to its poorest members and set them down in this 1835 essay. With keen insight, he explains: .why the richest nations have the most paupers .why private charity is more likely to alleviate poverty than government aid .how good intentions backfire to produce a chronically dependent underclass. The political and economic situations Tocqueville examines are immediately recognizable as one that haunts the world's richest nations today, and his lessons are still to be learned. This is an important book for our unsteady times. Also available from Cosimo Classics: Tocqueville's Selected Letters on Politics and Society. French writer ALEXIS DE TOCQUEVILLE (1805-1859) was born in Paris and practiced law before embarking on travels in America to study the young nation's political experiment. The result, the two-volume Democracy in America (1835, 1840), is considered a classic discourse on 19th-century America.

Our Enemies in Blue: Police and Power in America


Kristian Williams - 2003
    But just what is the role of police in a democracy: to serve the public or to protect the powerful? Tracing the evolution of the modern police force back to the slave patrols, this controversial study observes the police as the armed defender of a violent status quo.Kristian Williams is the author of American Methods: Torture and the Logic of Domination.

Impossible Subjects: Illegal Aliens and the Making of Modern America


Mae M. Ngai - 2003
    immigration policy--a process that profoundly shaped ideas and practices about citizenship, race, and state authority in the 20th century.Mae Ngai offers a close reading of the legal regime of restriction that commenced in the 1920s--its statutory architecture, judicial genealogies, administrative enforcement, differential treatment of European and non-European migrants, and long-term effects. In well-drawn historical portraits, Ngai peoples her study with the Filipinos, Mexicans, Japanese, and Chinese who comprised, variously, illegal aliens, alien citizens, colonial subjects, and imported contract workers.She shows that immigration restriction, particularly national-origin and numerical quotas, re-mapped the nation both by creating new categories of racial difference and by emphasizing as never before the nation's contiguous land borders and their patrol. This yielded the illegal alien, a new legal and political subject whose inclusion in the nation was a social reality but a legal impossibility--a subject without rights and excluded from citizenship. Questions of fundamental legal status created new challenges for liberal democratic society and have directly informed the politics of multiculturalism and national belonging in our time.Ngai's analysis is based on extensive archival research, including previously unstudied records of the U.S. Border Patrol and Immigration and Naturalization Service. Contributing to American history, legal history, and ethnic studies, Impossible Subjects is a major reconsideration of U.S. immigration in the 20th century.

To Be Fair: Confessions of a District Court Judge


Rosemary Riddell - 2021
    

The Culture of Control: Crime and Social Order in Contemporary Society


David Garland - 2001
    More and more of us live in gated communities; prison populations have skyrocketed; and issues such as racial profiling, community policing, and "zero-tolerance" policies dominate the headlines. How is it that our response to crime and our sense of criminal justice has come to be so dramatically reconfigured? David Garland charts the changes in crime and criminal justice in America and Britain over the past twenty-five years, showing how they have been shaped by two underlying social forces: the distinctive social organization of late modernity and the neoconservative politics that came to dominate the United States and the United Kingdom in the 1980s.Garland explains how the new policies of crime and punishment, welfare and security—and the changing class, race, and gender relations that underpin them—are linked to the fundamental problems of governing contemporary societies, as states, corporations, and private citizens grapple with a volatile economy and a culture that combines expanded personal freedom with relaxed social controls. It is the risky, unfixed character of modern life that underlies our accelerating concern with control and crime control in particular. It is not just crime that has changed; society has changed as well, and this transformation has reshaped criminological thought, public policy, and the cultural meaning of crime and criminals. David Garland's The Culture of Control offers a brilliant guide to this process and its still-reverberating consequences.

Policing the Crisis: Mugging, the State, and Law and Order


Stuart Hall - 1978
    It was introduced into public consciousness by media coverage of muggings in the United States and police anticipation of its appearance in Britain. Its ‘discovery’ in 1972 was followed by a crime control explosion. It received massive media coverage. Judges, politicians, and moralists presented it as an index of the growing tide of violence, of the breakdown of public morality, and of the collapse of law and order. Sentences for petty street crime jumped from six months to twenty years.This book examines the political, economic, and ideological dimensions of mugging—setting the problem of ‘crime’ in its wider historical context. It shows how the particular social definition of mugging constructed by the media and crime control agencies was able to connect with existing social anxieties in the population at large and argues that this has helped to legitimate a more coercive state role in a period of growing political, economic and racial conflict.

Shakedown: How Our Government is Undermining Democracy in the Name of Human Rights


Ezra Levant - 2009
    My crime? As the publisher of Western Standard magazine, I had reprinted the Danish cartoons of Mohammed to illustrate a news story. I was charged with the offence of “discrimination,” and made to appear before Alberta’s “human rights commission” for questioning. As crazy as it sounds, I became the only person in the world to face legal sanction for printing those cartoons.”As a result of this highly publicized event, Ezra Levant began investigating other instances in which innocent people have had their freedoms compromised by bureaucrats presuming to protect Canadians’ human rights. He discovered some disturbing and even bizarre cases, such as the tribunal ruling that an employee at a McDonald’ s restaurant in Vancouver did not have to wash her hands at work. And the human rights complaint filed by a Calgary hair stylist against the women at a salon school who called him a “loser.” In another case that seemed stranger than fiction, an emotionally unstable transvestite fought for — and won — the right to counsel female rape victims, despite the anguished pleas of those same traumatized victims. Human rights commissions now monitor political opinions, fine people for expressing politically incorrect viewpoints, censor websites, and even ban people, permanently, from saying certain things. The book is a result of Levant’s ordeal and the research it inspired. It shows how our concept of human rights has morphed into something dangerous and drastically different from its original meaning. Shakedown is a convincing plea to Canadians to reclaim their basic liberties.

Law School for Everyone: Constitutional Law


Eric Berger - 2019
    It’s because constitutional law is so fundamental to our democracy that law schools across the country teach the subject. It's the area of law that determines what federal and state governments are permitted to do, and what rights you have as an individual citizen of the United States. In these 12 lectures, you'll get the same accessible, well-rounded introduction to constitutional law as a typical law student - but with the added benefit of noted constitutional scholar Eric Berger's brilliant insights. Taking you through all three branches of the federal government, Professor Berger uses some of the most important legal cases in the United States to probe the open-ended nature of the Constitution’s language and illustrate how legal reasoning has defined the power relationships that the Constitution governs. You’ll examine pivotal Supreme Court cases to learn how interpreting the Constitution has radically affected American society. You’ll consider the Supreme Court’s role in deciding - and sometimes avoiding - questions of constitutionality. And you’ll investigate how changes in public opinion can influence how the Supreme Court interprets the Constitution. While the open-ended nature of the Constitution’s language makes constitutional law often uncertain, these lectures offer you a better understanding of its many nuances, as well as its profound importance for the future of the United States.

The Chastening: Inside The Crisis That Rocked The Global Financial System And Humbled The IMF


Paul Blustein - 2001
    Based on hundreds of interviews with officials at the IMF, the World Bank, the U.S. Treasury, the Federal Reserve, the White House, and many foreign governments, The Chastening offers a behind-the-scenes look at the Fund during an extraordinarily turbulent period in modern economic history and at a time when the IMF has become the object of intense political controversy. While the IMF and its overseers at the Treasury and the Fed have sought to cultivate an image of economic masterminds coolly dispensing effective economic remedies, the reality is that as markets were sinking and defaults looming, the guardians of global financial stability were often floundering, improvising, and feuding among themselves. The Chastening casts serious doubt on the IMF's ability to combat of investor panics at a time when massive flows of money traverse borders and oceans. A readable, compelling account of the deeply flawed workings of the international political system, The Chastening is vital reading for students and scholars of international diplomacy, government, and economic and public policy.

Corruption Officer: From Jail Guard to Perpetrator Inside Rikers Island


Gary Heyward - 2012
    For the Harlem-born ex-Marine, being an officer of the law was the ticket he'd been waiting for to move up from a low-wage security job and out of the Polo Ground Projects in New York City—and take his mother with him.Heyward was warned of the temptations he'd encounter as a new officer, but when faced with financial hardship, he suddenly found himself unable to resist the income generated from selling contraband to inmates. In his distinctive voice, Heyward takes you on a journey inside the walls of Rikers Island, showing how he teamed up with various inmates and other officers to develop a system that allowed him to profit from selling drugs inside the jail.Corruption Officer is a jarring exposé of a man having lived on both sides of the law, a rare insider's look at a corrupt city jail, and a testament to the lengths we'll go when our backs are against the wall.