Law Mart

Author: Riaz Tejani
Publisher: Stanford University Press
ISBN: 1503603024
Format: PDF, ePub
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American law schools are in deep crisis. Enrollment is down, student loan debt is up, and the profession's supply of high-paying jobs is shrinking. Meanwhile, thousands of graduates remain underemployed while the legal needs of low-income communities go substantially unmet. Many blame overregulation and seek a "free" market to solve the problem, but this has already been tested. Seizing on a deregulatory policy shift at the American Bar Association, private equity financiers established the first for-profit law schools in the early 2000s with the stated mission to increase access to justice by "serving the underserved". Pursuing this mission at a feverish rate of growth, they offered the promise of professional upward mobility through high-tech, simplified teaching and learning. In Law Mart, a vivid ethnography of one such environment, Riaz Tejani argues that the rise of for-profit law schools shows the limits of a market-based solution to American access to justice. Building on theories in law, political economy, and moral anthropology, Tejani reveals how for-profit law schools marketed themselves directly to ethnoracial and socioeconomic "minority" communities, relaxed admission standards, increased diversity, shook up established curricula, and saw student success rates plummet. They contributed to a dramatic rise in U.S. law student debt burdens while charging premium tuition financed up-front through federal loans over time. If economic theories have so influenced legal scholarship, what happens when they come to shape law school transactions, governance, and oversight? For students promised professional citizenship by these institutions, is there a need for protections that better uphold institutional quality and sustainability? Offering an unprecedented glimpse of this landscape, Law Mart is a colorful foray into these essential questions.

Law and Community in Three American Towns

Author: Carol J. Greenhouse
Publisher: Cornell University Press
ISBN: 9780801481697
Format: PDF, ePub
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Carol J. Greenhouse, Barbara Yngvesson, and David M. Engel analyze attitudes toward the law as a way of commentating on major American myths and ongoing changes in American society.

The Poverty of Privacy Rights

Author: Khiara M. Bridges
Publisher: Stanford University Press
ISBN: 1503602303
Format: PDF, ePub, Docs
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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.

The Oxford Handbook of U S Healthcare Law

Author: I. Glenn Cohen
Publisher: Oxford University Press
ISBN: 0199366527
Format: PDF, ePub, Mobi
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The Oxford Handbook of U.S. Health Law covers the breadth and depth of health law, with contributions from the most eminent scholars in the field. The Handbook paints with broad thematic strokes the major features of American healthcare law and policy, its recent reforms including the Affordable Care Act, its relationship to medical ethics and constitutional principles, and how it compares to the experience of other countries. It explores the legal framework for the patient experience, from access through treatment, to recourse (if treatment fails), and examines emerging issues involving healthcare information, the changing nature of healthcare regulation, immigration, globalization, aging, and the social determinants of health. This Handbook provides valuable content, accessible to readers new to the subject, as well as to those who write, teach, practice, or make policy in health law.

Supersizing Urban America

Author: Chin Jou
Publisher: University of Chicago Press
ISBN: 0226921921
Format: PDF, ePub, Docs
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Supersizing Urban America reveals how the US government has been, and remains, a major contributor to America s obesity epidemic. Government policies, targeted food industry advertising, and other factors helped create and reinforce fast food consumption in America s urban communities. Historian Chin Jou uncovers how predominantly African-American neighborhoods went from having no fast food chains to being deluged. She lays bare the federal policies that helped to subsidize the expansion of the fast food industry in America s cities and explains how fast food companies have deliberately and relentlessly marketed to urban, African-American consumers. These developments are a significant factor in why Americans, especially those in urban, low-income, minority communities, have become disproportionately affected by the obesity epidemic."

Discrimination Laundering

Author: Tristin K. Green
Publisher: Cambridge University Press
ISBN: 1107142008
Format: PDF, Docs
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This book uncovers legal shifts founded on misunderstandings about discrimination and describes how law and organizations can do better.

Failing Law Schools

Author: Brian Z. Tamanaha
Publisher: University of Chicago Press
ISBN: 0226923622
Format: PDF
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On the surface, law schools today are thriving. Enrollments are on the rise, and their resources are often the envy of every other university department. Law professors are among the highest paid and play key roles as public intellectuals, advisers, and government officials. Yet behind the flourishing facade, law schools are failing abjectly. Recent front-page stories have detailed widespread dubious practices, including false reporting of LSAT and GPA scores, misleading placement reports, and the fundamental failure to prepare graduates to enter the profession. Addressing all these problems and more in a ringing critique is renowned legal scholar Brian Z. Tamanaha. Piece by piece, Tamanaha lays out the how and why of the crisis and the likely consequences if the current trend continues. The out-of-pocket cost of obtaining a law degree at many schools now approaches $200,000. The average law school graduate’s debt is around $100,000—the highest it has ever been—while the legal job market is the worst in decades, with the scarce jobs offering starting salaries well below what is needed to handle such a debt load. At the heart of the problem, Tamanaha argues, are the economic demands and competitive pressures on law schools—driven by competition over U.S. News and World Report ranking. When paired with a lack of regulatory oversight, the work environment of professors, the limited information available to prospective students, and loan-based tuition financing, the result is a system that is fundamentally unsustainable. Growing concern with the crisis in legal education has led to high-profile coverage in the Wall Street Journal and the New York Times, and many observers expect it soon will be the focus of congressional scrutiny. Bringing to the table his years of experience from within the legal academy, Tamanaha has provided the perfect resource for assessing what’s wrong with law schools and figuring out how to fix them.

Law as Culture

Author: Lawrence Rosen
Publisher: Princeton University Press
ISBN: 1400887585
Format: PDF
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Law is integral to culture, and culture to law. Often considered a distinctive domain with strange rules and stranger language, law is actually part of a culture's way of expressing its sense of the order of things. In Law as Culture, Lawrence Rosen invites readers to consider how the facts that are adduced in a legal forum connect to the ways in which facts are constructed in other areas of everyday life, how the processes of legal decision-making partake of the logic by which the culture as a whole is put together, and how courts, mediators, or social pressures fashion a sense of the world as consistent with common sense and social identity. While the book explores issues comparatively, in each instance it relates them to contemporary Western experience. The development of the jury and Continental legal proceedings thus becomes a story of the development of Western ideas of the person and time; African mediation techniques become tests for the style and success of similar efforts in America and Europe; the assertion that one's culture should be considered as an excuse for a crime becomes a challenge to the relation of cultural norms and cultural diversity. Throughout the book, the reader is invited to approach law afresh, as a realm that is integral to every culture and as a window into the nature of culture itself.

The Death Penalty As Torture

Author: John D. Bessler
Publisher:
ISBN: 9781611639261
Format: PDF, Docs
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During the Dark Ages and the Renaissance, Europe¿s monarchs often resorted to torture and executions. The pain inflicted by instruments of torture¿from the thumbscrew and the rack to the Inquisition¿s tools of torment¿was eclipsed only by horrific methods of execution, from breaking on the wheel and crucifixion to drawing and quartering and burning at the stake. The English ¿Bloody Code¿ made more than 200 crimes punishable by death, and judicial torture¿expressly authorized by law and used to extract confessions¿permeated continental European legal systems. Judges regularly imposed death sentences and other harsh corporal punishments, from the stocks and the pillory, to branding and ear cropping, to lashes at public whipping posts. In the Enlightenment, jurists and writers questioned the efficacy of torture and capital punishment. In 1764, the Italian philosopher Cesare Beccaria¿the father of the world¿s anti¿death penalty movement¿condemned both practices. And Montesquieu, like Beccaria and others, concluded that any punishment that goes beyond absolute necessity is tyrannical. Traditionally, torture and executions have been viewed in separate legal silos, with countries renouncing acts of torture while simultaneously using capital punishment. The UN Convention Against Torture strictly prohibits physical or psychological torture; not even war or threat of war can be invoked to justify it. But under the guise of ¿lawful sanctions,¿ some countries continue to carry out executions even though they bear the indicia of torture. In The Death Penalty as Torture, Prof. John Bessler argues that death sentences and executions are medieval relics. In a world in which ¿mock¿ or simulated executions, as well as a host of other non-lethal acts, are already considered to be torturous, he contends that death sentences and executions should be classified under the rubric of torture. Unlike in the Middle Ages, penitentiaries¿one of the products of the Enlightenment¿now exist throughout the globe to house violent offenders. With the rise of life without parole sentences, and with more than four of five nations no longer using executions, The Death Penalty as Torture calls for the recognition of a peremptory, international law norm against the death penalty¿s use.

Legal Skills

Author: Emily Finch
Publisher: Oxford University Press
ISBN: 0198784716
Format: PDF, Kindle
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The best-selling legal skills textbook in the market, Legal Skills is the essential guide for law students, encompassing all the academic and practical skills in one manageable volume. It is an ideal text for students new to law, helping them make the transition from secondary education and giving them the skills they need to succeed from the beginning of their degree, through exams and assessments and into their future career. The first part covers 'Sources of Law' and includes information on finding and using legislation, ensuring an understanding of where the law comes from and how to use it. The second part covers 'Academic Legal Skills' and provides advice on general study and writing skills. This part also includes a section on referencing and avoiding plagiarism amongst a number of other chapters designed to help students through the different stages of the law degree. The third and final part is dedicated to 'Practical Legal Skills'; a section designed to help develop transferable skills in areas such as presentations and negotiations that will be highly valued by future employers. The text contains many useful features designed to support a truly practical and self-reflective approach to legal skills including self-test questions, diagrams and practical activities. Students are given the opportunity to take a 'hands on' approach to tackling a variety of legal skills from using cases to negotiation. Each skill is firmly set in its wider academic and professional context to encourage an integrated approach to the learning of legal skills. Legal Skills is accompanied by an innovative Online Resource Centre offering a full range of resources including: - Video clips of good and bad 'real life' moots in action bring the subject to life - Guidance on practical exercises and questions from the book so students can test themselves on essay writing, problem solving, revision and exam skills and compare against example answers with commentary - Lecturers can track student progress using an online bank of 200 multiple choice questions offering immediate answers and feedback that can be customised and loaded on to a university VLE