Justice Outsourced: The Therapeutic Jurisprudence Implications of Judicial Decision-Making by Nonjudicial Officers
Michael L. Perlin and Kelly Frailing
Nonjudicial officers (NJOs) permeate the criminal justice and the forensic mental health systems in hidden ways. But what are the impact and consequences of non-lawyers and non- “real judges” hearing cases? Across the nation, numerous cases are outsourced to administrative and other NJOs to decide issues ranging from family court cases involving custody disputes and foster care, to alcohol, substance abuse, as well as mental health and institutionalization issues. Moreover, NJOs may also deal with probation sentencing, conditions of confinement, release restrictions, and even capital punishment.
The editors and contributors to the indispensable Justice Outsourced examine the hidden role of these nonjudicial officers in the courtroom and administrative settings, as well as the ethical and practical considerations of using NJOs. Written from the perspective of therapeutic jurisprudence by judges, criminologists, lawyers, law professors, psychologists, and sociologists, this volume provides a much-needed wake-up call that emphasizes why the removal of a judge weakens a defendant’s rights and dignity and corrupts the administration of justice. However, Justice Outsourced also suggests effective employments of NJOs, revealing the potential of therapeutic principles and procedures to enhance the practical knowledge supplied by nonjudicial decision-makers.
Contributors: Brandi Alfonso, Ashley Balavender, Colleen M. Berryessa, Judge Kevin S. Burke, Michael Cassidy, Brandi N. Diaz, Deborah A. Dorfman, Henry A. Dlugacz, Heather Ellis Cucolo, Mehgan Gallagher, Talia Roitberg Harmon, Richelle Kloch, Shelley Kolstad, Alison J. Lynch, Voula Marinos, Valerie R. McClain, Bernard P. Perlmutter, Victoria Rapp, Karen Snedker, Rae Taylor, Lenore E. A . Walker, Naomi Weinstein, Lisa Whittingham, and the editors.
Land Value Capture in the United States: Funding Infrastructure and Local Government Services (2022)
Land value capture (LVC) is based on a simple core premise: public action should generate public benefit. As challenges mount from rapid urbanization, deteriorating infrastructure, climate change, and more, this funding source has never been more important to the future of municipalities. LVC tools include special assessments, exactions, impact fees, linkage fees, incentive zoning, transferable development rights with contributions, and upzoning with contributions. To date, American law has permitted LVC tools, subject to some limitations. As a result, land value capture is a viable and potentially important method for funding much-needed public infrastructure, improvements, and programs. Policy makers should seriously consider increasing LVC-based financing.
Jethro K. Lieberman
A federal plea deal in Manhattan goes off the rails when a mob boss inexplicably recants his testimony days after voluntarily confessing to a lifetime of crime, and immediately, an FBI agent involved with the case goes missing. To find out what happened, the Feds call in T. R. Softly, detective fiction’s newest and most intuitive sleuth. Softly’s search takes him to Washington, D.C., where the “oddest of the forty-odd presidents of the United States” is suddenly laying plans to evaporate the U.S. government, as assassination rumors percolate in dark corners. Co-opted into partnering with a secret government agency, Softly struggles to understand how many games are being played and by whom. Is he master of his fate or has he been the unwitting agent of friends and foe? A twisting, rollicking tale that enthralls readers until the last page.
Antonin Scalia and American Constitutionalism: The Historical Significance of a Judicial Icon (2020)
Edward A. Purcell Jr.
Antonin Scalia and American Constitutionalism is a critical study of Justice Antonin Scalia’s jurisprudence, his work on the U.S. Supreme Court, and his significance for an understanding of American constitutionalism. After tracing Scalia’s emergence as a hero of the political right and his opposition to many of the decisions of the Warren Court, this book examines his general jurisprudential theory of originalism and textualism, arguing that he failed to produce either the objective method he claimed or the “correct” constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, the book examines his opinions on virtually all of the constitutional issues he addressed, from fundamentals of structure to most major constitutional provisions. The book argues that Scalia applied his jurisprudential theories in inconsistent ways and often ignored, twisted, or abandoned the interpretive methods he proclaimed, in most cases reaching results that were consistent with “conservative” politics and the ideology of the post-Reagan Republican Party. Most broadly, it argues that Scalia’s jurisprudence and career are particularly significant because they exemplify—contrary to his own persistent claims—three paramount characteristics of American constitutionalism: the inherent inadequacy of “originalism” and other formal interpretive methodologies to produce “correct” answers to controverted constitutional questions; the relationship—particularly close in Scalia’s case—between constitutional interpretations on one hand and substantive personal and political goals on the other; and the truly and unavoidably “living” nature of American constitutionalism itself. As a historical matter, the book concludes, Scalia stands as a towering figure of irony because his judicial career disproved the central claims of his own jurisprudence.
Lenni Benson, Stepehn Yale-Loehr, and Shoba Sivaprasad Wadhia
Immigration and Nationality Law: Problems and Strategies introduces the reader to the legal concepts and experience of practicing immigration law by presenting the material through a series of hypotheticals. This book is designed for both law students and attorneys as it covers not only statutory provisions and key immigration law cases, but also provides an understanding to the many government agencies involved in the immigration process and how to navigate the wide variety of adjudications that are central to the U.S. immigration system. Updated for the second edition, the book goes beyond doctrine to implications for strategies and policy.
Molly Guptill Manning and Brian Anderson
In late 1943, small packages bound in sturdy brown paper began to arrive at American military outposts, each containing a set of ingenious pocket-sized books called the Armed Services Editions. Titled the Victory Book Campaign, this initiative was led by librarians, who garnered the support of individuals, businesses, civic organizations, and Eleanor Roosevelt. For war-weary, homesick men, these books―fiction, biographies, classics, sports tales, history books, poetry, compilations of short stories, books of humor―represented the greatest gift the military could give them. This ann+BD11otated catalogue includes posters, photographs, newspaper clippings, and other contemporary documents that provide valuable context for how the written word not only increased morale during wartime but ultimately transformed American education and changed the book industry forever.
Lynn A. Stout, Sergio Gramitto, and Tamara Belinfanti
Corporations have a huge influence on the life of every citizen--this book offers a visionary but practical plan to give every citizen a say in how corporations are run while also gaining some supplemental income. It lays out a clear approach that uses the mechanisms of the private market to hold corporations accountable to the public.
This would happen through the creation of what the authors call the Universal Fund, a kind of national, democratic, mega mutual fund. Every American over eighteen would be entitled to a share and would participate in directing its share voting choices. Corporations and wealthy individuals would donate stocks, bonds, cash, or other assets to the fund just like they do to other philanthropic ventures now. The fund would pay out dividends to its citizen-shareholders that would grow as the fund grows.
The Universal Fund is undoubtedly a big idea, but it is also eminently practical: it uses the tools of capitalism, not government, to give all citizens a direct influence on corporate actions. It would be a major institutional investor beholden not to a small elite group of stockholders pushing for short-term gain but to everyone. The fund would reward corporations that made sure their actions didn't harm people, communities, and the environment, and it would enable them to invest in innovations that would take more than a few months to pay off. Which is another reason corporations would donate to the fund--they could be freed from the constant pressure to maximize their quarterly share price and would essentially be subsidized for doing good.
The authors demonstrate that our current economic rules force corporations to be shortsighted and even destructive because for most large investors, nothing matters but share price. The Universal Fund is designed to be a powerful positive balancing force, making the world a better place and the United States a better nation.
Bernard A. Krooks and Elizabeth Valentin
Part One, written by Bernard A. Krooks, Esq., examines the scope and practice of elder law in New York State, covering areas such as Medicaid, long-term care insurance, powers of attorney and health care proxies. Part Two, written by Jessica R. Amelar, Esq., gives the attorney a step-by-step overview of the drafting of a will, from the initial client interview to the will execution.
This practice guide provides an extensive overview to the practice of elder law, special needs planning and will drafting for attorneys entering this field. Health care proxies and related documents, conflicts of interest and ethical considerations, guardianships under MHL Article 81, and Medicaid law, estate and gift tax statutes, and trusts, long-term care insurance, and basic will provisions are all considered. Includes sample letters, forms and checklists.
Shane Dizon and Pooja Dadhania
Completely revised, Immigration Law Service provides a practical and current approach to today's immigration-related issues. This title fully integrates changes brought about by the abolition of the INS and the shift of that agency's functions to various agencies in the Department of Homeland Security. This looseleaf binder set includes hands-on guidance for tackling virtually any immigration or naturalization situation, as well as the INA, relevant statutes, and agency guidance.
• Analysis of the current law
• Relevant statutes
• Rules and regulations
• Research references to help you find additional materials quickly
• Practice and finding aids to speed up your responses to your clients' needs
• Relevant agency manuals and memoranda and presidential documents
• Analysis of the processes for seeking admission and gaining entry, providing or obtaining citizenship, and citizenship documents
Legal Reasoning Case Files is designed to build legal analysis skills through hands-on work that reflects what lawyers do every day. Using realistic materials drawn from core legal topics, law students are guided to produce real-life documents while learning to reflect more deeply on what it actually means to think and work "like a lawyer.”
Each case file includes a set of practice-based documents, a narrowly-tailored assignment constructed to highlight application of legal rules to complex factual scenarios, commentary to guide users in working through the problem, and an example of how the legal principles at issue might be tested in a law school or bar examination question. Problems reinforce comprehension of foundational legal subjects, increase proficiency in the study and mastery of law, and help prepare beginning lawyers for a lifetime of practice. The book also includes useful checklists; tips to help users read, understand, and apply the materials; and in-depth discussions of sample responses to the accompanying exam questions.
The materials in this text can be adapted to a wide array of law school courses: they offer a novel approach to a contemporary legal methods course, and they can also be used as a supplement for classes in torts, contracts, evidence, criminal law, property, or professional responsibility; a source for innovative projects for courses in lawyering or legal writing; or a resource for developing bar examination skills.
Arthur S. Leonard and Patricia A. Cain
Legal issues arising from the sexual diversity of our society are front and center in many legal fields. The Supreme Court, which selectively controls its docket, now considers sexuality-related cases almost every term, and the pace of litigation in lower courts keeps increasing. Responding to the surge of new developments, the authors have reorganized the front end of the book to emphasize the diversity of issues by providing a chronological journey through the Supreme Court’s treatment of sexuality law issues from the middle of the twentieth century to the present. Chapters on sexual orientation and gender identity issues in the lower courts follow. The family law chapters have been reworked to account for the decisions in Windsor and Obergefell and the numerous issues that have arisen since implementation of these cases began. The final chapter concludes with selected topics on subjects yet to receive Supreme Court review.
James F. Simon
The epic 1950s battle that would shape the legal future of the civil rights movement is chronicled here for the first time.
The bitter feud between President Dwight D. Eisenhower and Chief Justice Earl Warren framed the tumultuous future of the modern civil rights movement. Eisenhower was a gradualist who wanted to coax white Americans in the South into eventually accepting integration, while Warren, author of the Supreme Court’s historic unanimous opinion in Brown v. Board of Education, demanded immediate action to dismantle the segregation of the public school system. In Eisenhower vs. Warren, two-time New York Times Notable Book author James F. Simon examines the years of strife between them that led Eisenhower to say that his biggest mistake as president was appointing that “dumb son of a bitch Earl Warren.” This momentous, poisonous relationship is presented here at last in one volume. Compellingly written, Eisenhower vs. Warren brings to vivid life the clash that continues to reverberate in political and constitutional debates today.
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Despite the machinations accompanying the British decision to leave the European Union, the EU still remains a potent economic and political force on the international stage. American businesses, and their lawyers, cannot afford to ignore its institutions and law, because the Union is America’s largest trading partner. While the book places the Union in its historical and jurisprudential context and parses its institutional and constitutional structure, its focus is squarely upon the exposition of business law. It introduces American law students and lawyers to substantive law of the Union focusing upon free movement (of goods, workers, the self-employed, cross-border service providers, business entities, and capital), competition law, merger control, state subsidies, and cross-border investment regulation.
Although the presentation excerpts seminal cases in each area of business law, its format does not resemble the traditional law school casebook. The focus is upon exposition and explanation, with the authors (academics and practitioners) offering synthesis, analysis and context in each substantive area of law under observation.
HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. We hear too many incorrect assertions that "hate speech" -- which has no generally accepted definition -- is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. When U.S. officials formerly wielded such broad censorship power, they suppressed dissident speech, including equal rights advocacy. Likewise, current politicians have attacked Black Lives Matter protests as "hate speech."
"Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.
Lenni Benson, Lindsay Curcio, Veronica Jeffers, and Stepehn Yale_Loehr
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Immigration and Nationality Law: Problems and Strategies introduces the reader to the legal concepts and experience of practicing immigration law. This book is designed for both law students and attorneys as it covers not only statutory provisions and key immigration law cases, it also provides an understanding to the many government agencies involved in the immigration process and how to navigate the wide variety of adjudications that are central to the U.S. immigration system.
The book includes problems that ask the reader, from a variety of legal roles, to learn how to solve common immigration problems. By working through these problems the user will observe the immigration process from initial sponsorship to the United States, to seeking admission at the border, to finding and maintaining status and securing permanent resident status within the United States.
Immigration and Nationality Law: Problems and Strategies moves through the complex issues of determining whether a person is inadmissible or barred from securing status or entering the United States. It explores the removal process and which categories of people and what type of behavior can subject a noncitizen to expulsion. It then continues with an examination of the forms of relief from removal and asylum and other humanitarian protections. The text closes with the ultimate goal of many immigrants—naturalization, while other ways to acquire or derive U.S. citizenship are also explored.
Ari Ezra Waldman
It seems like there is no such thing as privacy anymore. But the truth is that privacy is in danger only because we think about it in narrow, limited, and outdated ways. In this transformative work, Ari Ezra Waldman, leveraging the notion that we share information with others in contexts of trust, offers a roadmap for data privacy that will better protect our information in a digitized world. With case studies involving websites, online harassment, intellectual property, and social robots, Waldman shows how 'privacy as trust' can be applied in the most challenging real-world contexts to make privacy work for all of us. This book should be read by anyone concerned with reshaping the theory and practice of privacy in the modern world.
- Proposes a new way of understanding privacy and privacy law
- Contains no jargon and is accessibly written
- The book is interdisciplinary, and it includes law and social sciences
Mary Crock and Lenni Benson
With unprecedented numbers of children on the move in search of safety, Protecting Migrant Children explores the complex legal and human rights issues that arise when children cross borders as migrants. It critically examines the strengths and weaknesses of international and domestic laws with the aim of identifying best practice for migrant children.
The book brings together an interdisciplinary and multinational group of experts to assess the nature and root causes of child migration in different parts of the world, featuring national and comparative case studies in Australia, Canada, Europe, the United States and parts of Asia and Africa. The contributors address systematically the many challenges experienced and posed by young people who cross borders in search of protection, or a better quality of life. Identifying the many universal issues facing states who play host to these children, the book lays the foundations for new paradigms in law, policy and practice in the reception and management of child migrants, refugees and victims of trafficking.
Topical and engaging, this book is an important resource for academics and students in human rights law; migration and refugee law; the administrative and procedural issues of refugee law, and comparative law; as well as in the social sciences and health sciences. Policymakers and workers within the community sector will also find this book stimulating and informative.
Jethro K. Lieberman
This book serves as a supplement to A Practical Companion to the Constitution. It is a comprehensive update of constitutional topic from 2008-2017.
You think you know why our government in Washington is broken, but you really don't. You think it's broken because politicians curry favor with special interests and activists of the Left or Right. There's something to that and it helps explain why these politicians can't find common ground, but it misses the root cause. A half century ago, elected officials in Congress and the White House figured out a new system for enacting laws and spending programs--one that lets them take credit for promising good news while avoiding blame for government producing bad results. With five key tricks, politicians of both parties now avoid accounting to us for what government actually does to us.
While you understand that these politicians seem to pull rabbits out of hats, hardly anyone sees the sleight of hand by which they get away with their tricks. Otherwise, their tricks wouldn't work. DC Confidential exposes the sleights of hand. Once they are brought to light, we can stop the tricks, fix our broken government, and make Washington work for us once again.
The book explains the necessary reform and lays out an action plan to put it in place. Stopping the tricks would be a constructive, inclusive response to the anger that Americans from across the political spectrum feel toward what should be our government.
Andrew R. Berman
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Michael L. Perlin, Heather Ellis Cucolo, and Alison Lynch
This comprehensive casebook covers all areas of civil commitment law, institutional rights law, community rights law, sex offenders law, and the Americans with Disabilities Act. Mental Disability Law also explores all aspects of the criminal process, including all criminal competencies, the insanity defense, trial practice issues, sentencing and the death penalty. It is the only casebook available that considers the important factors that have shaped mental disability law — sanism, pretextuality, heuristics and false “ordinary common sense.” The third edition includes expanded new sections on therapeutic jurisprudence and international human rights law.
Michael L. Perlin and Heather Ellis Cucolo
Convicted sexually violent predators are more vilified, more subject to media misrepresentation, and more likely to be denied basic human rights than any other population. Shaming the Constitution authors Michael Perlin and Heather Cucolo question the intentions of sex offender laws, offering new approaches to this most complex (and controversial) area of law and social policy.
The authors assert that sex offender laws and policies are unconstitutional and counter-productive. The legislation largely fails to add to public safety—even ruining lives for what are, in some cases, trivial infractions. Shaming the Constitution draws on law, behavioral sciences, and other disciplines to show that many of the “solutions” to penalizing sexually violent predators are “wrong,” as they create the most repressive and useless laws.
In addition to tracing the history of sex offender laws, the authors address the case of Jesse Timmendequas, whose crime begat “Megan’s Law;” the media’s role in creating a “moral panic;” recidivism statistics and treatments, as well as international human rights laws. Ultimately, they call attention to the flaws in the system so we can find solutions that contribute to public safety in ways that do not mock Constitutional principles.
Richard Chused and Wendy Williams
Gendered Law in American History is a remarkable compendium of over thirty years of research and teaching in the field. It explores an array of social, cultural, and legal arenas from the turn of the nineteenth to the middle of the twentieth centuries, including concepts of citizenship at the founding of the republic, the development of married women’s property laws, divorce, child custody, temperance, suffrage, domestic and racial violence before and after the Civil War, protective labor legislation, and the use of legal history testimony in legal disputes. It is both an invaluable reference tool and an important new teaching text.
Private Land Use Arrangements: Easements, Real Covenants and Equitable Servitudes - Third Edition (2016)
Table of Contents Only
Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes - Third Edition is the most comprehensive and integrated treatment available on the interrelated areas of easements, covenant and servitudes. The book provide answers to both practical and theoretical issues, and is an essential resource for lawyers and others working in this field. This third edition follows the successful previous editions of the book which were hailed by practitioners and academics. Earlier editions were cited as an authority in numerous federal and state court decisions as well as over 25 times in the American Law Institute's Restatement of The Law Third, Property (Servitudes.) The third edition utilizes the same organization and approach of earlier editions, and covers new cases, emerging developments, and recent innovations. Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes is an important addition to the field and an essential part of the real estate lawyer's library.
Michael L. Perlin and Alison Lynch
Sexuality, Disability, and the Law approaches issues of sexual autonomy and disability from multiple perspectives, including constitutional law, international human rights, therapeutic jurisprudence, history, cognitive psychology, dignity studies, and theories and findings on gender constructs and societal norms. Perlin and Lynch determine that if our society continues to assert that persons with mental disabilities possess a primitive morality, we allow ourselves to censor their feelings and their actions. By denying their ability and desires to show love and affection, we justify this disparate treatment. Our reliance on stereotypes has warped our attitudes and our policies, and has allowed us to avoid important issues of humanity and of dignity that should be at the basis of any policies that affect this population.
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