When Law Fails


When Law Fails
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When Law Fails


When Law Fails
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Author : Austin Sarat
language : en
Publisher: NYU Press
Release Date : 2009-01-01

When Law Fails written by Austin Sarat and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.


Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system. The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion. When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in the law’s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system. Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.



When Civil Law Fails


When Civil Law Fails
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Author : Robert Stanley Rankin
language : en
Publisher:
Release Date : 1939

When Civil Law Fails written by Robert Stanley Rankin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1939 with Martial law categories.




Making Laws That Work


Making Laws That Work
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Author : David Goddard
language : en
Publisher:
Release Date : 2022

Making Laws That Work written by David Goddard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Bill drafting categories.


"This book examines why laws fail and provides strategies for making laws that work. Why do some laws fail? And how can we make laws that actually work? This helpful guide, written by a leading jurist, provides answers to these questions and gives practical strategies for law-making. It looks at a range of laws which have failed; the 'damp squibs' that achieve little or nothing in practice; laws that overshoot their policy goals; laws that produce nasty surprises; and laws that backfire, undermining the very goals they were intended to advance. It goes on to examine some of the reasons why such failures occur, drawing on insights from psychology and economics, including the work of Kahneman and others on how humans develop narratives about the ways in which the world works and make predictions about the future. It provides strategies to reduce the risk of failure of legislative projects, including adopting a more structured and systematic approach to analysing the likely effects of the legislation; ensuring we identify the limits of our knowledge and the uncertainties of our predictions; and framing laws in a way that enables us to adjust the way they operate as new information becomes available or circumstances change. Key themes include the importance of the institutions that administer the legislation, of default outcomes, and of the 'stickiness' of those defaults. The book concludes with helpful checklists of questions to ask and issues to consider, which will be of benefit to anyone involved in designing legislation."--



Merciful Judgments And Contemporary Society


Merciful Judgments And Contemporary Society
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Author : Austin Sarat
language : en
Publisher: Cambridge University Press
Release Date : 2011-10-31

Merciful Judgments And Contemporary Society written by Austin Sarat and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-31 with Law categories.


Merciful Judgments and Contemporary Society: Legal Problems, Legal Possibilities explores the tension between law's need for and dependence on merciful judgments and suspicions that regularly accompany them. Rather than focusing primarily on definitional questions or the longstanding debate about the moral worth and importance of mercy, this book focuses on mercy as a part of, and problem for, law. This book is a product of the University of Alabama School of Law symposia series on 'Law, Knowledge and Imagination'. It explores the ways law is known and imagined in a diverse array of disciplines, including political science, history, cultural studies, philosophy and science. In addition, books produced through the Alabama symposia explore various conjunctions of law, knowledge and imagination as they play out in debates about theory and policy and speak to venerable questions as well as contemporary issues.



Miscarriages Of Justice


Miscarriages Of Justice
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Author : Clive Walker
language : en
Publisher: OUP Oxford
Release Date : 1999

Miscarriages Of Justice written by Clive Walker and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.


The authors examine the various steps within the criminal justice system which have resulted in the conviction of the innocent, and suggest remedies as to how miscarriages might be avoided in the future. The contributors comprise academics, campaigners and practitioners.



Failures Of American Methods Of Lawmaking In Historical And Comparative Perspectives


Failures Of American Methods Of Lawmaking In Historical And Comparative Perspectives
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Author : James Maxeiner
language : en
Publisher:
Release Date : 2018-03-08

Failures Of American Methods Of Lawmaking In Historical And Comparative Perspectives written by James Maxeiner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-08 with Law categories.


What Americans sought -- What Americans got : deranged laws -- What Americans can do : improve legal methods.



When Law Fails


When Law Fails
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Author : Paul Daniel Ocheje
language : en
Publisher:
Release Date : 2011

When Law Fails written by Paul Daniel Ocheje and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Political corruption categories.




Trial And Error In Criminal Justice Reform


Trial And Error In Criminal Justice Reform
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Author : Greg Berman
language : en
Publisher: Rowman & Littlefield
Release Date : 2016-03-21

Trial And Error In Criminal Justice Reform written by Greg Berman and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-21 with Law categories.


In this revised edition of their concise, readable, yet wide-ranging book, Greg Berman and Aubrey Fox tackle a question students and scholars of law, criminology, and political science constantly face: what mistakes have led to the problems that pervade the criminal justice system in the United States? The reluctance of criminal justice policymakers to talk openly about failure, the authors argue, has stunted the public conversation about crime in this country and stifled new ideas. It has also contributed to our inability to address such problems as chronic offending in low-income neighborhoods, an overreliance on incarceration, the misuse of pretrial detention, and the high rates of recidivism among parolees. Berman and Fox offer students and policymakers an escape from this fate by writing about failure in the criminal justice system. Their goal is to encourage a more forthright dialogue about criminal justice, one that acknowledges that many new initiatives fail and that no one knows for certain how to reduce crime. For the authors, this is not a source of pessimism, but a call to action. This revised edition is updated with a new foreword by Cyrus R. Vance, Jr., and afterword by Greg Berman.



Why Justice Fails


Why Justice Fails
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Author : Whitney North Seymour
language : en
Publisher: William Morrow
Release Date : 1973

Why Justice Fails written by Whitney North Seymour and has been published by William Morrow this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Justice, Administration of categories.




Why Government Fails So Often


Why Government Fails So Often
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Author : Peter H. Schuck
language : en
Publisher: Princeton University Press
Release Date : 2014-03-23

Why Government Fails So Often written by Peter H. Schuck and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-23 with Political Science categories.


How government can implement more successful policies, more often From healthcare to workplace and campus conduct, the federal government is taking on ever more responsibility for managing our lives. At the same time, Americans have never been more disaffected with Washington, seeing it as an intrusive, incompetent, wasteful giant. Ineffective policies are caused by deep structural factors regardless of which party is in charge, bringing our government into ever-worsening disrepute. Understanding why government fails so often—and how it might become more effective—is a vital responsibility of citizenship. In this book, lawyer and political scientist Peter Schuck provides a wide range of examples and an enormous body of evidence to explain why so many domestic policies go awry—and how to right the foundering ship of state. An urgent call for reform, Why Government Fails So Often is essential reading for anyone curious about why government is in such a disgraceful state and how it can do better.