Law Mart

Author: Riaz Tejani
Publisher: Stanford University Press
ISBN: 1503603024
Format: PDF, Docs
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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: 1501725017
Format: PDF, Kindle
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Many commentators on the contemporary United States believe that current rates of litigation are a sign of decay in the nation’s social fabric. Law and Community in Three American Towns explores how ordinary people in three towns—located in New England, the Midwest, and the South—view the law, courts, litigants, and social order. Carol J. Greenhouse, Barbara Yngvesson, and David M. Engel analyze attitudes toward law and law users as a way of commentating on major American myths and ongoing changes in American society. They show that residents of "Riverside," "Sander County," and "Hopewell" interpret litigation as a sign of social decline, but they also value law as a symbol of their local way of life. The book focuses on this ambivalence and relates it to the deeply-felt tensions express between "community" and "rights" as rival bases of society. The authors, two anthropologists and a lawyer, each with an understanding of a particular region, were surprised to discover that such different locales produced parallel findings. They undertook a comparative project to find out why ambivalence toward the law and law use should be such a common refrain. The answer, they believe, turns out to be less a matter of local traditions than of the ways that people perceive the patterns of their lives as being vulnerable to external forces of change.

Anthropology of Policy

Author: Cris Shore
Publisher: Routledge
ISBN: 1134827024
Format: PDF, Kindle
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Arguing that policy has become an increasingly central concept and instrument in the organisation of contemporary societies and that it now impinges on all areas of life so that it is virtually impossible to ignore or escape its influence, this book argues that the study of policy leads straight into issues at the heart of anthropology.

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
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This book uncovers legal shifts founded on misunderstandings about discrimination and describes how law and organizations can do better.

Law as Culture

Author: Lawrence Rosen
Publisher: Princeton University Press
ISBN: 1400887585
Format: PDF, Mobi
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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.

Failing Law Schools

Author: Brian Z. Tamanaha
Publisher: University of Chicago Press
ISBN: 0226923622
Format: PDF, ePub
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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.

The Death Penalty As Torture

Author: John D. Bessler
Publisher:
ISBN: 9781611639261
Format: PDF, Kindle
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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.

Law and Anthropology

Author: Sally F. Moore
Publisher: Wiley-Blackwell
ISBN: 9781405102285
Format: PDF
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This Reader offers a remarkable overview of the field of law and anthropology: its development, present, and potential future courses. Edited by a preeminent anthropologist, lawyer, and pioneer in the study of law & anthropology. Brings together classics of political thought and key contemporary work from social scientists and lawyers. Explores historical issues and more contemporary ones such as illegal migration, human rights, gender discrimination, political corruption, and reparations for injustices committed by previous regimes.