Institutional Failures

Author: Howard M. Wasserman
Publisher: Routledge
ISBN: 1317115783
Format: PDF, ePub, Docs
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The authors of this new collection argue that the many features of the now-infamous Duke University men’s lacrosse controversy are best understood in the context of the three major socio-legal institutions in which the drama played out. The legal system, Duke University, and the news media all struggled to respond to and handle the case, tinged as the events were with race, sex, violence, class, privilege, and notions and perceptions about sports. The problems, missteps, mistakes, and injustice in the case resulted from each institution's failure to operate properly, from the incentives built into each institution that affected individual behavior, and from the inability of each institution to communicate and cooperate with the others. To understand the Duke lacrosse controversy is to study these institutions and to answer questions about the performance of each-to learn what each did right and wrong and why, and to consider how each can improve in the future. By examining the actions of these institutions and the individuals within them, these essays consider the role each played in the case, how each contributed to the crisis and to its resolution, the ways in which they interacted with one another, and the lessons this case teaches about the appropriate functioning of each institution.

The Price of Silence

Author: Willam D. Cohan
Publisher: Simon and Schuster
ISBN: 1451681798
Format: PDF, Docs
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Based on in-depth reporting, this authoritative account of the Duke lacrosse team rape case illuminates the ever-widening gap between America's rich and poor, and shows just how far the powerful will go to protect themselves.

It s Not About the Truth

Author: Don Yaeger
Publisher: Simon and Schuster
ISBN: 1416551492
Format: PDF, ePub
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An inside account of the Duke Lacrosse rape case by the team's former head coach discusses the events that took place on the night of the alleged crime, cites DNA evidence and contrary testimony that supports the accused team members' innocence, and decries the media practices that resulted in damaging prejudgment. Reprint.

Until Proven Innocent

Author: Stuart Taylor, Jr.
Publisher: Macmillan
ISBN: 9781429961097
Format: PDF, Mobi
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What began that night shocked Duke University and Durham, North Carolina. And it continues to captivate the nation: the Duke lacrosse team members‘ alleged rape of an African-American stripper and the unraveling of the case against them. In this ever-deepening American tragedy, Stuart Taylor Jr. and KC Johnson argue, law enforcement, a campaigning prosecutor, biased journalists, and left-leaning academics repeatedly refused to pursue the truth while scapegoats were made of these young men, recklessly tarnishing their lives. The story harbors multiple dramas, including the actions of a DA running for office; the inappropriate charges that should have been apparent to academics at Duke many months ago; the local and national media, who were so slow to take account of the publicly available evidence; and the appalling reactions of law enforcement, academia, and many black leaders. Until Proven Innocent is the only book that covers all five aspects of the case (personal, legal, academic, political, and media) in a comprehensive fashion. Based on interviews with key members of the defense team, many of the unindicted lacrosse players, and Duke officials, it is also the only book to include interviews with all three of the defendants, their families, and their legal teams. Taylor and Johnson‘s coverage of the Duke case was the earliest, most honest, and most comprehensive in the country, and here they take the idiocies and dishonesty of right- and left-wingers alike head on, shedding new light on the dangers of rogue prosecutors and police and a cultural tendency toward media-fueled travesties of justice. The context of the Duke case has vast import and contains likable heroes, unfortunate victims, and memorable villains—and in its full telling, it is captivating nonfiction with broad political, racial, and cultural relevance to our times.

The Campus Rape Frenzy

Author: KC Johnson
Publisher: Encounter Books
ISBN: 1594039887
Format: PDF, ePub, Mobi
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In recent years, politicians led by President Obama and prominent senators and governors have teamed with extremists on campus to portray our nation’s campuses as awash in a violent crime wave—and to suggest (preposterously) that university leaders, professors, and students are indifferent to female sexual assault victims in their midst. Neither of these claims has any bearing in reality. But they have achieved widespread acceptance, thanks in part to misleading alarums from the Obama administration and biased media coverage led by the New York Times. The frenzy about campus rape has helped stimulate—and has been fanned by—ideologically skewed campus sexual assault policies and lawless commands issued by federal bureaucrats to force the nation’s all-too-compliant colleges and universities essentially to presume the guilt of accused students. The result has been a widespread disregard of such bedrock American principles as the presumption of innocence and the need for fair play. This book uses hard facts to set the record straight. It explores, among other things, about two dozen of the many cases since 2010 in which innocent or probably innocent students have been branded as sex criminals and expelled or otherwise punished by their colleges. And it shows why all students—and, eventually, society as a whole—are harmed when our nation’s universities abandon pursuit of truth and seek instead to accommodate the passions of the mob.

Lawyers Lawsuits and Legal Rights

Author: Thomas Frederick Burke
Publisher: Univ of California Press
ISBN: 9780520227279
Format: PDF, ePub, Docs
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The struggle over litigation in American society is explored in this groundbreaking study of the American legal system that reveals why the United States has become such a litigious society. (Politics & Government)

Suing Alma Mater

Author: Michael A. Olivas
Publisher: JHU Press
ISBN: 1421409240
Format: PDF, Docs
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Although much has been written about U.S. Supreme Court decisions involving higher education, little has been said about the foundational case law and litigation patterns emerging from the lower courts. As universities become increasingly legislated, regulated, and litigious, campuses have become testing grounds for a host of constitutional challenges. From faculty and student free speech to race- or religion-based admissions policies, Suing Alma Mater describes the key issues at play in higher education law. Eminent legal scholar Michael A. Olivas considers higher education litigation in the latter half of the twentieth century and the rise of "purposive organizations," like the American Civil Liberties Union and the Alliance Defense Fund (now known as the Alliance Defending Freedom), that exist to advance litigation. He reviews more than 120 college cases brought before the Supreme Court in the past fifty years and then discusses six key cases in depth. Suing Alma Mater provides a clear-eyed perspective on the legal issues facing higher education today. -- Robert O'Neil, University of Virginia

Toxic Loopholes

Author: Craig Collins
Publisher: Cambridge University Press
ISBN: 1139488953
Format: PDF, Mobi
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The EPA was established to enforce the environmental laws Congress enacted during the 1970s. Yet today lethal toxins still permeate our environment, causing widespread illness and even death. Toxic Loopholes investigates these laws, and the agency charged with their enforcement, to explain why they have failed to arrest the nation's rising environmental crime wave and clean up the country's land, air and water. This book illustrates how weak laws, legal loopholes and regulatory negligence harm everyday people struggling to clean up their communities. It demonstrates that our current system of environmental protection pacifies the public with a false sense of security, dampens environmental activism, and erects legal barricades and bureaucratic barriers to shield powerful polluters from the wrath of their victims. After examining the corrosive economic and political forces undermining environmental law making and enforcement, the final chapters assess the potential for real improvement and the possibility of building cooperative international agreements to confront the rising tide of ecological perils threatening the entire planet.

Unfinished Business

Author: Michael J. Klarman
Publisher: Oxford University Press
ISBN: 0195304284
Format: PDF, Mobi
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A succinct account of racial equality and civil rights throughout American history highlights the path of racial progress and looks in particular at the contributions of law and of court decisions to American equality.