The Author details ways ordinary Americans are victims and suffer when the wealthy and privileged use white collar crime to gain and sustain wealth, social status, and political influence. These white collar crimes include tax fraud, mail, wire, or bank fraud, embezzlement of pension funds, lying under oath, obstruction of justice, bribery of public officials, and money laundering. When caught, these perpetrators either get off scot-free or are incarcerated briefly in minimum security prisons. Taub tracks how a post-Enron failure of prosecutorial muscle, the growth of "too big to jail" syndrome, and a developing implicit immunity of the upper class led to this injustice and poses solutions that can help catch and convict offenders.
Excessive government secrecy in the name of counterterrorism has a corrosive effect on democracy and the rule of law. The controversial national security programs of the United States’ Bush and Obama administrations include areas of targeted killings, torture, extraordinary rendition, and surveillance. Explanations to justify the administrations’ actions through interpretation of the governing law is lacking. The resultant excessive secrecy often keeps the public in the dark and prevents discovery of those actions, congressional oversight, and questioning of legality by the courts.
Similar patterns arise in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.
Constitutions, Security, and the Rule of Law offers diverse international perspectives on the way in which the rule of law shifts in times of emergency or heightened security. It addresses individual rights issues within the context of questioning how government works and ought to work in light of serious security concerns, thereby enabling readers to understand how national security concerns have distorted constitutions and impinged on human and civil rights. Five thematic sections examine: 1. How different constitutional structures deal with security concerns 2. What part of government controls security measures 3. What constraints supranational and international law place on individual nations when it comes to security 4. What the public has a right to know in times of heightened security 5. What rights the public can exercise in times of heightened security and how citizens can hold government accountable for protecting these rights.
Eric Blumenson and Arthur B. Leavens
-- from the Preface:
This Fourth Edition marks a new era in the life of Massachusetts Criminal Practice. Commenced in 1990 as a hardcover book, and continuing through the following two editions, Massachusetts Criminal Practice was available only to subscribers and purchasers. But the purpose of the project was always to disseminate legal knowledge to lawyers, law students, and others involved in the criminal justice system, including defendants – and the commercial imperatives of book publishing necessarily detracted from this goal. With this edition, we take a long step towards making the book more accessible to our intended readers: Massachusetts Criminal Practice is now available to all who can access the internet, without charge. All of its contributors have donated their time and expertise, in service to the profession and to the cause of justice in the criminal courts. We thank them for their prodigious work in the midst of the daily demands of practice or teaching; this book, of course, would not exist without them.
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4TH EDITION COPYRIGHT © 2012 by Eric D. Blumenson; 3RD EDITION COPYRIGHT © 2003 by New Law Publishing; 2ND EDITION COPYRIGHT © 1998 by LEXIS® Law Publishing; 1ST EDITION (published as Massachusetts Criminal Defense, by Eric D. Blumenson), © 1990 by Butterworth Legal Publishers.
Jennifer L. Levi and Elizabeth E. Monnin-Browder
This Book provides a comprehensive treatment of family law issues involving transgender persons. Various experts have written chapters that provide practical advice on providing effective representation for transgender clients. Family law practitioners representing this community often encounter challenging issues unique to transgender individuals. Some of these topics include legal recognition of post-transition name and sex, parental rights, relationship recognition and protections, divorce and relationship dissolution, custody disputes involving transgender children, legal protections for transgender youth, intimate partner violence, and estate planning and elder law. This Book serves as a resource for those practicing in this emerging and constantly changing area of law.
This Author offers an evaluative analysis of the Wisconsin Works (W-2) program as the model initiative within national welfare reform strategies. The purpose of W-2 was to present welfare mothers with alternatives to dependency. The mothers of this study offer insights from their perspectives and experiences that take this claim, by W-2, to task.
The following issues are explored: How do these mothers evaluate the transition from welfare to the W-2 Program? What does the central goal of self-sufficiency mean to them? What does welfare reform in general mean? And, finally, is anyone listening?
The Author questions what happens when the actual voices of black mothers living through the transition from welfare to work in the model state of Wisconsin are placed at the center of analysis and interrogate how these experiences might challenge a statistical assessment of Wisconsin's reported success.
Eric J. Gouvin
The project behind this Report was initiated by the Adjunct Faculty Committee of the ABA Section of Legal Education and Admissions to the Bar in January 2009 at its meeting in San Diego. The Report aims to provide law schools with useful comparative data and identifies Best Practices based on what other institutions are doing to provide adjunct faculty with orientation, guidance, monitoring, and evaluation. In response to the ABA's new accreditation standards requiring law schools to provide professional skills training and recent studies urging law schools to make their programs more professionally relevant, the Committee collected data on current adjunct faculty practices and synthesized that data into this Report.
Phillip Blumberg, Kurt Strasser, Nicholas Georgakopoulos, and Eric J. Gouvin
Business entities today are typically made up of groups of legally separate corporations, subsidiaries and parents, operating as a single enterprise. This volume is concerned with how procedural law treats these legally independent but functionally integrated corporations. Among the most important procedural issues addressed by this volume include: When can jurisdiction over a subsidiary also confer jurisdiction over its parent or other subsidiaries? In an action against a parent or subsidiary, when can a party obtain discovery against the defendant's non-party subsidiary or parent? When will the location of a parent or subsidiary be considered in determining whether there is diversity of citizenship for federal court jurisdiction in an action involving a subsidiary or parent company? When will res judicata or collateral estoppel against a non-party parent or subsidiary apply against its subsidiary or parent company? Alternatively, when will res judicata or collateral estoppel in favor of a non-party parent or subsidiary bind a third partry subsequently involved in an action against its subsidiary or parent corporation? This volume considers these and countless other procedural law questions of corporate groups.
Phillip Blumberg, Kurt Strasser, Nicholas Georgakopoulos, and Eric J. Gouvin
This Book provides a comprehensive treatment of corporate groups and the legal interrelationships of their component parent, subsidiary, and affiliated companies. It offers in-depth coverage of statutory and judicial law, federal and state, that affects parent and subsidiaries, franchisors and franchisees, licensors and licensees, health care institutions and medical staff and other corporate groups and provides the only comprehensive coverage of the key question: when the law will use more modern tools of enterprise law and look to the whole multi-corporation enterprise, and when will it use traditional tools and look to individual corporate entities?
Traditional corporation law and "piercing the veil" no longer provide adequate guides to the law of parent and subsidiary corporations. In numerous areas, courts and legislatures are today allocating legal rights and liabilities according to modern enterprise principles.
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