yale law journal volume 125 number 3 january 2016

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Yale Law Journal Volume 125 Number 3 January 2016

Author : Yale Law Journal
ISBN : 9781610278195
Genre : Law
File Size : 65. 58 MB
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This issue of the Yale Law Journal (the third issue of academic year 2015-2016) features articles and essays by notable scholars, as well as extensive student research. Contents include: • Article, "Corporate Control and Idiosyncratic Vision," by Zohar Goshen & Assaf Hamdani • Essay, "The Domestic Analogy Revisited: Hobbes on International Order," by David Singh Grewal • Note, "Repairing the Irreparable: Revisiting the Federalism Decisions of the Burger Court," by David Scott Louk • Note, "Reconciling the Crime of Aggression and Complementarity: Unaddressed Tensions and a Way Forward," by Julie Veroff • Comment, "Unpacking Wolf Packs," by Carmen X.W. Lu • Comment, "Jurisdictional Rules and Final Agency Action," by Sundeep Iyer Quality digital edition includes active Contents for the issue and for individual articles, linked footnotes, active URLs in notes, and proper digital and Bluebook presentation from the original edition.

Antitrust Paradox

Author : Robert H. Bork
ISBN : 0029044561
Genre : Law
File Size : 56. 50 MB
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Since it first appeared in 1978, this seminal work by one of the foremost American legal minds of our age has dramatically changed the way the courts view government's role in private affairs. Now reissued with a new introduction and epilogue by the author, this classic shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses. Robert Bork's view of antitrust law has had a profound impact on how the law has been both interpreted and applied. The Antitrust Paradox illustrates how the purpose and integrity of law can be subverted by those who do not understand the reality law addresses or who seek to make it serve unintended political and social ends. - Back cover.

Pillars Of Justice

Author : Owen Fiss
ISBN : 9780674971868
Genre : Biography & Autobiography
File Size : 52. 82 MB
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The constitutional theorist Owen Fiss explores the purpose and possibilities of life in the law through a moving account of thirteen lawyers who shaped the legal world during the past half century. He tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and principles they served.

The President And Immigration Law

Author : Adam Cox
ISBN : 019069436X
Genre :
File Size : 84. 66 MB
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When President Barack Obama announced his plans to shield millions of immigrants from deportation, Congress and the commentariat pilloried him for acting unilaterally. When President Donald Trump attempted to ban immigration from six predominantly Muslim counties, a different collection of critics attacked the action as tyrannical. Beneath this polarized political resistance lies a widely shared belief: that Congress, not the President, makes our immigration policies, dictating who can come to the United States, and who can stay, in a detailed and comprehensive legislative code. In The President and Immigration Law, Adam Cox and Cristina Rodr�guez shatter the myth that Congress controls immigration policy. Drawing on a wide range of sources-rich historical materials, unique data on immigration enforcement, and insider accounts of our nation's massive immigration bureaucracy-they tell the story of how the President became our immigration policymaker in chief over the course of two centuries. From founding-era debates over the Alien and Sedition Acts to Jimmy Carter's intervention during the Mariel boatlift from Cuba, presidential crisis management has played an important role in this story. Far more foundational, however, has been the ordinary executive obligation to enforce the law. Over time, the power born of that duty has become the central vehicle for making immigration policy in the United States. A pathbreaking account of the President's relationship to Congress, The President and Immigration Law helps us better understand how the United States ended up running an enormous shadow immigration system-one in which nearly half of all noncitizens living in America are here in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

International Perspectives And Empirical Findings On Child Participation

Author : Tali Gal
ISBN : 9780199367009
Genre : Social Science
File Size : 20. 93 MB
Format : PDF
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The 1989 UN Convention on the Rights of the Child has inspired advocates and policy makers across the globe, injecting children's rights terminology into various public and private arenas. Children's right to participate in decision-making processes affecting their lives is the acme of the Convention and its central contribution to the children's rights discourse. At the same time the participation right presents enormous challenges in its implementation. Laws, regulations and mechanisms addressing children's right to participate in decision-making processes affecting their lives have been established in many jurisdictions across the globe. Yet these worldwide developments have only rarely been accompanied with empirical investigations. The effectiveness of various policies in achieving meaningful participation for children of different ages, cultures and circumstances have remained largely unproven empirically. Therefore, with the growing awareness of the importance of evidence-based policies, it becomes clear that without empirical investigations on the implementation of children's right to participation it is difficult to promote their effective inclusion in decision making. This book provides a much-needed, first broad portrayal of how child participation is implemented in practice today. Bringing together 19 chapters written by prominent authors from the United States, Canada, the United Kingdom, Ireland, New Zealand, Australia, and Israel, the book includes descriptions of programs that engage children and youth in decision-making processes, as well as insightful findings regarding what children, their families, and professionals think about these programs. Beyond their contribution to the empirical evidence on ways children engage in decision-making processes, the volume's chapters contribute to the theoretical development of the meaning of "participation," "citizenship," "inclusiveness," and "relational rights" in regards to children and youth. There is no matching to the book's scope both in terms of its breadth of subjects and the diversity of jurisdictions it covers. The book's chapters include experiences of child participation in special education, child protection, juvenile justice, restorative justice, family disputes, research, and policy making.

The Poverty Of Privacy Rights

Author : Khiara M. Bridges
ISBN : 9781503602304
Genre : Law
File Size : 87. 90 MB
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The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy. The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state—both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance—rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.

More Guns Less Crime

Author : John R. Lott
ISBN : 0226493679
Genre : Social Science
File Size : 57. 90 MB
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On its initial publication in 1998, John R. Lott’s More Guns, Less Crime drew both lavish praise and heated criticism. More than a decade later, it continues to play a key role in ongoing arguments over gun-control laws: despite all the attacks by gun-control advocates, no one has ever been able to refute Lott’s simple, startling conclusion that more guns mean less crime. Relying on the most rigorously comprehensive data analysis ever conducted on crime statistics and right-to-carry laws, the book directly challenges common perceptions about the relationship of guns, crime, and violence. For this third edition, Lott draws on an additional ten years of data—including provocative analysis of the effects of gun bans in Chicago and Washington, D.C—that brings the book fully up to date and further bolsters its central contention.

The Case For Same Sex Marriage

Author : William N. Eskridge
ISBN : UVA:X002759691
Genre : Social Science
File Size : 78. 29 MB
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A thought-provoking overview of the issue of gay marriage discusses the history of gay unions, the controversy over the issue, and the implications of gay unions for gay behavior, marriage and the family, and civil rights. 25,000 first printing.

Real Rape

Author : Susan Estrich
ISBN : 0674749448
Genre : Law
File Size : 74. 4 MB
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Examines the causes of rape, describes the law's casual treatment of specific types of rape cases, and presents a call for reform

The Battered Woman Syndrome Fourth Edition

Author : Lenore E. A. Walker, EdD
ISBN : 9780826170996
Genre : Psychology
File Size : 64. 47 MB
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With its focus on the connection between health and mental health symptoms, this seminal, groundbreaking work continues to forge new directions in the field of domestic violence. Describing a condition that is the basis for the battered woman defense--cited in cases of physically and psychologically abused women who have killed their abusers--it continues to be used as a defense to explain premeditated assault or murder. Completely updated, the fourth edition reflects the significant changes in the field since the book was last published, incorporating Affordable Care Act (ACA) guidelines on health care and domestic violence and data from the Adverse Childhood Experiences Study. It examines new research regarding battered women and cross-cultural and cross-national issues, and includes several new chapters addressing issues ranging from murder--suicide in domestic violence cases to proposed legislation and congressional resolutions. The fourth edition provides new findings worldwide that reinforce the cycle theory of violence. It reflects new research on traumatic responses, and addresses trauma-informed and trauma-specific psychotherapy, interventions with youth in juvenile detention centers, information from government task forces regarding children exposed to violence and juvenile justice, and new findings regarding the application of psychology to the legal system. Entirely new to the fourth edition is a section about reforming family court and divorce presumptions. This is crucial reading for nearly all health and mental health workers who may be called upon to ask clients about experiences of domestic violence and must respond knowledgeably and effectively. New to the Fourth Edition: Fully revised and updated Incorporates ACA guidelines on health care and domestic violence Includes data from the Adverse Childhood Experiences Study Addresses findings regarding battered women and cross-cultural and cross-national issuesNew chapter on murder--suicide in domestic violence cases New chapter on trauma treatment for victims of intimate partner violence (IPV) New chapter on human trafficking and sexual exploitation of children New chapter on false confessions of battered women

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