Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform


John F. Pfaff - 2017
    Yet today, though the US is home to only about 5 percent of the world's population, we hold nearly one quarter of its prisoners. Mass incarceration is now widely considered one of the biggest social and political crises of our age. How did we get to this point?Locked In is a revelatory investigation into the root causes of mass incarceration by one of the most exciting scholars in the country. Having spent fifteen years studying the data on imprisonment, John Pfaff takes apart the reigning consensus created by Michelle Alexander and other reformers, revealing that the most widely accepted explanations - the failed War on Drugs, draconian sentencing laws, an increasing reliance on private prisons - tell us much less than we think. Pfaff urges us to look at other factors instead, including a major shift in prosecutor behavior that occurred in the mid-1990s, when prosecutors began bringing felony charges against arrestees about twice as often as they had before. He describes a fractured criminal justice system, in which counties don't pay for the people they send to state prisons, and in which white suburbs set law and order agendas for more-heavily minority cities. And he shows that if we hope to significantly reduce prison populations, we have no choice but to think differently about how to deal with people convicted of violent crimes - and why some people are violent in the first place.An authoritative, clear-eyed account of a national catastrophe, Locked In transforms our understanding of what ails the American system of punishment and ultimately forces us to reconsider how we can build a more equitable and humane society.

How Rights Went Wrong: Why Our Obsession with Rights Is Tearing America Apart


Jamal Greene - 2021
    . . It is the argument of this important book that until Americans can reimagine rights, there is no path forward, and there is, especially, no way to get race right. No peace, no justice.”—from the foreword by Jill Lepore, New York Times best-selling author of These Truths: A History of the United States An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. You have the right to remain silent—and the right to free speech. The right to worship, and to doubt. The right to be free from discrimination, and to hate. The right to life, and the right to own a gun.   Rights are a sacred part of American identity. Yet they also are the source of some of our greatest divisions. We believe that holding a right means getting a judge to let us do whatever the right protects. And judges, for their part, seem unable to imagine two rights coexisting—reducing the law to winners and losers. The resulting system of legal absolutism distorts our law, debases our politics, and exacerbates our differences rather than helping to bridge them.   As renowned legal scholar Jamal Greene argues, we need a different approach—and in How Rights Went Wrong, he proposes one that the Founders would have approved. They preferred to leave rights to legislatures and juries, not judges, he explains. Only because of the Founders’ original sin of racial discrimination—and subsequent missteps by the Supreme Court—did courts gain such outsized power over Americans’ rights. In this paradigm-shifting account, Greene forces readers to rethink the relationship between constitutional law and political dysfunction and shows how we can recover America’s original vision of rights, while updating them to confront the challenges of the twenty-first century.

Reflections on Judging


Richard A. Posner - 2013
    Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers.For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating canons of constructions (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.

Brown V. Board of Education: A Civil Rights Milestone and Its Troubled Legacy


James T. Patterson - 2001
    Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!"Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas.Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?

Supreme Whispers: Conversations with Judges of the Supreme Court of India 1980-89


Abhinav Chandrachud - 2018
    Based on 114 intriguing interviews with nineteen former chief justices of India and more than sixty-six former judges of the Supreme Court of India, Abhinav Chandrachud opens a window to the life and times of the former judges of India's highest court of law and in the process offers a history that largely remained in oblivion for a long time.

Supreme Inequality: The Supreme Court's Fifty-Year Battle for a More Unjust America


Adam Cohen - 2020
    But when Warren announced his retirement in 1968, newly elected President Richard Nixon, who had been working tirelessly behind the scenes to put a stop to what he perceived as the Court's liberal agenda, had his new administration launch a total assault on the Warren Court's egalitarian victories, moving to dismantle its legacy and replace liberal justices with others more loyal to his views. During his six years in office, he appointed four justices to the Supreme Court, thereby setting its course for the next fifty years.In Supreme Inequality, Adam Cohen surveys the most significant Supreme Court rulings since Nixon and exposes how rarely the Court has veered away from a pro-corporate agenda. Contrary to what Americans might like to believe, the Court does not protect equally the rights of the poor and disadvantaged, and, in fact, hasn't for decades. Many of the greatest successes of the Warren Court, such as school desegregation, labor unions, voting rights, and class action suits, have been abandoned in favor of rulings that protect privileged Americans who tend to be white, wealthy, and powerful.As the nation comes to grips with two newly Trump-appointed justices, Cohen proves beyond doubt that the trajectory of today's Court is the result of decisions made fifty years ago, decisions that have contributed directly and grievously to our nation's soaring inequality. An triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land, and should shake to its core any optimistic faith we might have in it to provide checks and balances.

Fear Itself: The New Deal and the Origins of Our Time


Ira Katznelson - 2013
    Ira Katznelson, “a towering figure in the study of American and European history” (Cornel West), boldly asserts that, during the 1930s and 1940s, American democracy was rescued yet distorted by a unified band of southern lawmakers who safeguarded racial segregation as they built a new national state to manage capitalism and assert global power. This original study brings to vivid life the politicians and pundits of the time, including Walter Lippmann, who argued that America needed a dose of dictatorship; Mississippi’s five-foot-two Senator Theodore Bilbo, who advocated the legal separation of races; and Robert Oppenheimer, who built the atomic bomb yet was tragically undone by the nation’s hysteria. Fear Itself is a necessary work, vital to understanding our world—a world the New Deal first made.

A Wild Justice: The Death and Resurrection of Capital Punishment in America


Evan Mandery - 2013
    But in 1962, Justice Arthur Goldberg and his clerk Alan Dershowitz dared to suggest otherwise, launching an underfunded band of civil rights attorneys on a quixotic crusade. In 1972, in a most unlikely victory, the Supreme Court struck down Georgia's death penalty law in Furman v. Georgia. Though the decision had sharply divided the justices, nearly everyone, including the justices themselves, believed Furman would mean the end of executions in America. Instead, states responded with a swift and decisive showing of support for capital punishment. As anxiety about crime rose and public approval of the Supreme Court declined, the stage was set in 1976 for Gregg v. Georgia, in which the Court dramatically reversed direction.A Wild Justice is an extraordinary behind-the-scenes look at the Court, the justices, and the political complexities of one of the most racially charged and morally vexing issues of our time.

Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal


Alexandra Natapoff - 2018
    Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans--most of them poor and people of color--are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing.For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides.

The Rise of Big Data Policing: Surveillance, Race, and the Future of Law Enforcement


Andrew Guthrie Ferguson - 2017
    The Rise of Big Data Policing introduces the cutting-edge technology that is changing how the police do their jobs and shows why it is more important than ever that citizens understand the far-reaching consequences of big data surveillance as a law enforcement tool.Andrew Guthrie Ferguson reveals how these new technologies --viewed as race-neutral and objective--have been eagerly adopted by police departments hoping to distance themselves from claims of racial bias and unconstitutional practices. After a series of high-profile police shootings and federal investigations into systemic police misconduct, and in an era of law enforcement budget cutbacks, data-driven policing has been billed as a way to "turn the page" on racial bias.But behind the data are real people, and difficult questions remain about racial discrimination and the potential to distort constitutional protections.In this first book on big data policing, Ferguson offers an examination of how new technologies will alter the who, where, when and how we police. These new technologies also offer data-driven methods to improve police accountability and to remedy the underlying socio-economic risk factors that encourage crime.The Rise of Big Data Policing is a must read for anyone concerned with how technology will revolutionize law enforcement and its potential threat to the security, privacy, and constitutional rights of citizens.Read an excerpt and interview with Andrew Guthrie Ferguson in The Economist.

The Guarded Gate: Bigotry, Eugenics and the Law That Kept Two Generations of Jews, Italians, and Other European Immigrants Out of America


Daniel Okrent - 2019
    Brandished by the upper class Bostonians and New Yorkers—many of them progressives—who led the anti-immigration movement, the eugenic arguments helped keep hundreds of thousands of Jews, Italians, and other unwanted groups out of the US for more than 40 years. Over five years in the writing, The Guarded Gate tells the complete story from its beginning in 1895, when Henry Cabot Lodge and other Boston Brahmins launched their anti-immigrant campaign. In 1921, Vice President Calvin Coolidge declared that “biological laws” had proven the inferiority of southern and eastern Europeans; the restrictive law was enacted three years later. In his characteristic style, both lively and authoritative, Okrent brings to life the rich cast of characters from this time, including Lodge’s closest friend, Theodore Roosevelt; Charles Darwin’s first cousin, Francis Galton, the idiosyncratic polymath who gave life to eugenics; the fabulously wealthy and profoundly bigoted Madison Grant, founder of the Bronx Zoo, and his best friend, H. Fairfield Osborn, director of the American Museum of Natural History; Margaret Sanger, who saw eugenics as a sensible adjunct to her birth control campaign; and Maxwell Perkins, the celebrated editor of Hemingway and Fitzgerald. A work of history relevant for today, The Guarded Gate is an important, insightful tale that painstakingly connects the American eugenicists to the rise of Nazism, and shows how their beliefs found fertile soil in the minds of citizens and leaders both here and abroad.

American Apartheid: Segregation and the Making of the Underclass


Douglas S. Massey - 1993
    It goes on to show that, despite the Fair Housing Act of 1968, segregation is perpetuated today through an interlocking set of individual actions, institutional practices, and governmental policies. In some urban areas the degree of black segregation is so intense and occurs in so many dimensions simultaneously that it amounts to "hypersegregation."The authors demonstrate that this systematic segregation of African Americans leads inexorably to the creation of underclass communities during periods of economic downturn. Under conditions of extreme segregation, any increase in the overall rate of black poverty yields a marked increase in the geographic concentration of indigence and the deterioration of social and economic conditions in black communities.As ghetto residents adapt to this increasingly harsh environment under a climate of racial isolation, they evolve attitudes, behaviors, and practices that further marginalize their neighborhoods and undermine their chances of success in mainstream American society. This book is a sober challenge to those who argue that race is of declining significance in the United States today.

The End of Policing


Alex S. Vitale - 2017
    Among activists, journalists and politicians, the conversation about how to respond and improve policing has focused on accountability, diversity, training, and community relations. Unfortunately, these reforms will not produce results, either alone or in combination. The core of the problem must be addressed: the nature of modern policing itself.This book attempts to spark public discussion by revealing the tainted origins of modern policing as a tool of social control. It shows how the expansion of police authority is inconsistent with community empowerment, social justice—even public safety. Drawing on groundbreaking research from across the world, and covering virtually every area in the increasingly broad range of police work, Alex Vitale demonstrates how law enforcement has come to exacerbate the very problems it is supposed to solve.In contrast, there are places where the robust implementation of policing alternatives—such as legalization, restorative justice, and harm reduction—has led to a decrease in crime, spending, and injustice. The best solution to bad policing may be an end to policing.

Golden Gates: Fighting for Housing in America


Conor Dougherty - 2020
    Today, however, punishing rents and the increasingly prohibitive cost of ownership have turned housing into the foremost symbol of inequality and an economy gone wrong. Nowhere is this more visible than in the San Francisco Bay Area, where fleets of private buses ferry software engineers past the tarp-and-plywood shanties where the homeless make their homes. The adage that California is a glimpse of the nation's future has become a cautionary tale.With propulsive storytelling and ground-level reporting, New York Times journalist Conor Dougherty chronicles America's housing crisis from its West Coast epicenter, peeling back the decades of history and economic forces that brought us here and taking readers inside the activist uprisings that have risen in tandem with housing costs. To tell this new story of housing, Dougherty follows a struggling math teacher who builds a political movement dedicated to ending single-family-house neighborhoods. A teenaged girl who leads her apartment complex against their rent-raising landlord. A nun who tries to outmaneuver private equity investors by amassing a multimillion-dollar portfolio of affordable homes. A suburban bureaucrat who roguishly embraces density in response to the threat of climate change. A developer who manufactures homeless housing on an assembly line.Sweeping in scope and intimate in detail, Golden Gates definitively captures a fundamental political realignment in America as it plays out during a moment of rapid technological and social change.

15 Documents and Speeches That Built America (Unique Classics) (Declaration of Independence, US Constitution and Amendments, Articles of Confederation, Magna Carta, Gettysburg Address, Four Freedoms)


Patrick Henry - 2011
    There is a user-friendly table of contents for easy interaction. The following are included:1. 1215 - The Magna Carta2. 1606 - The First Virginia Charter3. 1620 - The Mayflower Compact4. 1676 - The First Thanksgiving Proclamation5. 1765 - Resolutions of the Stamp Act6. 1775 - Give Me Liberty or Give Me Death7. 1776 - Declaration of Independance8. 1777 - Articles of Confederation9. 1783 - The Paris Peace Treaty of 178310. 1787 - The Constitution of the United States of America and the Amendments11. 1796 - George Washington's Farewell Address12. 1823 - The Monroe Doctrine13. 1862 - The Emancipation Proclamation14. 1863 - The Gettysburg Address15. 1941 - The Four FreedomsThese documents and speeches provided a solid reference foundation for any class in United States history or government.All of Unique Classics ebooks have an improved navigation system which includes a linked table of contents. The works are formatted for easy reading and triple-checked for quality assurance. Our illustrated ebooks contain the best related works of art for the material which make the story reading experience much more pleasant and memorable.