brianleeeee 发表于 2008-6-28 23:19:18

The United States Congress

Manchester University Press | 2003-09-06 | ISBN: 0719063086 | 192 pages | PDF | 2,2 MB

This introductory text looks at the workings of the United States Congress, and uses the Republican period of ascendancy, which lasted from 1994 until 2000, as an example of how the Congress works in practice. The book illustrates the basic principles of Congress using contemporary and recent examples, while also drawing attention to the changes that took place in the 1990s. The period of Republican control is absent from many of the standard texts and is of considerable academic interest for a number of reasons, not least the 1994 election, the budget deadlock in 1995 and the Clinton impeachment scandal of 1999. The book traces the origin and development of the United States Congress, before looking in depth at the role of representatives and senators, the committee system, parties in Congress, and the relationship between Congress and the President, the media and interest groups.

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brianleeeee 发表于 2008-6-28 23:24:09

European Politics Today: Second Edition (Politics Today)


Manchester University Press | 2003-10-17 | ISBN: 0719066697 | 256 pages | PDF | 2,2 MB


In this new edition, Patricia Hogwood and Geoffrey Roberts offer a comprehensive introduction to the political systems and processes of Western Europe. The book begins with an overview of the features and events that have shaped the political landscape of Europe up to the end of the 20th century. The authors go on to discuss liberal democracy, historical sources of conflict between countries, electoral systems, political parties and interest groups, governments and parliaments. The final section looks at federalism and EU decision-making and concludes with a consideration of how liberal democracies in western Europe have attempted to provide stable government while remaining responsive to changes in society. This book has been fully updated to take account of the French, British and Italian general elections that have occurred in recent years, as well as the momentous changes that have taken place in global politics as a result 9/11, and the preparations for EU enlargement. The chapters on the European Union and democracy in Western Europe have also been substantially revised to take account of globalization and recent political corruption issues.

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brianleeeee 发表于 2008-6-28 23:28:14

Understanding British and European Political Issues

Manchester University Press| 2003-10-10 | ISBN: 0719062454 | 192 pages | PDF | 2,2 MB

This is a comprehensive chronological survey of the political thought of post-reformation Britain, integrated around the theme of confrontation between political thought and political action. G. Burgess looks at a wide range of thinkers, including individual discussion of Hobbes and Locke.



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brianleeeee 发表于 2008-6-29 21:49:15

Privacy: A Manifesto

By Wolfgang Sofsky


Publisher:Princeton University Press
Number Of Pages:160
Publication Date:2008-09-25
ISBN-10 / ASIN:0691136726
ISBN-13 / EAN:9780691136721
Binding:Hardcover Product Description:


What ever happened to privacy? The simple right to be left alone? Surveillance cameras track our movements. Governments monitor our phone calls, e-mails, and Internet habits. Insurance companies know what drugs we take. Banks and credit agencies keep tabs on our smallest purchases. And new technologie--which gather, store, and share information as never before--have made all of this possible.
But, as the acclaimed social thinker Wolfgang Sofsky shows in this brief and powerful defense of privacy, neither technology nor fears of terrorism deserve all the blame. Rather, through indifference and the desire for attention, we have been accomplices in the loss of our privacy. When we aren't resigning ourselves to privacy's disappearance as the inevitable price of living in a new age, we are eagerly embracing opportunities to divulge personal information to people we know--and, increasingly, to people we don't.
Dramatically demonstrating how much privacy we have already surrendered, Sofsky describes a day in the life of an average modern citizen--in other words, a person under almost constant scrutiny. He also briefly traces the changing status of privacy from ancient Rome to today, explains how liberty and freedom of thought depend on privacy, and points to some of the places where privacy is under greatest threat, from health to personal space.
Privacy is a timely and compelling reminder of just how important privacy is--and just how devastating its loss would be.


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brianleeeee 发表于 2008-6-29 21:51:01

Restoring the Lost Constitution: The Presumption of Liberty

By Randy E. Barnett


Publisher:Princeton University Press
Number Of Pages:384
Publication Date:2005-07-05
ISBN-10 / ASIN:0691123764
ISBN-13 / EAN:9780691123769
Binding:Paperback


Product Description:

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost.
Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people.
As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond.


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brianleeeee 发表于 2008-6-29 21:53:59

Justice: Rights and Wrongs

By Nicholas Wolterstorff


Publisher:Princeton University Press
Number Of Pages:416
Publication Date:2007-12-26
ISBN-10 / ASIN:0691129673
ISBN-13 / EAN:9780691129679
Binding:Hardcover
Product Description:


Wide-ranging and ambitious, Justice combines moral philosophy and Christian ethics to develop an important theory of rights and of justice as grounded in rights. Nicholas Wolterstorff discusses what it is to have a right, and he locates rights in the respect due the worth of the rights-holder. After contending that socially-conferred rights require the existence of natural rights, he argues that no secular account of natural human rights is successful; he offers instead a theistic account.
Wolterstorff prefaces his systematic account of justice as grounded in rights with an exploration of the common claim that rights-talk is inherently individualistic and possessive. He demonstrates that the idea of natural rights originated neither in the Enlightenment nor in the individualistic philosophy of the late Middle Ages, but was already employed by the canon lawyers of the twelfth century. He traces our intuitions about rights and justice back even further, to Hebrew and Christian scriptures. After extensively discussing justice in the Old Testament and the New, he goes on to show why ancient Greek and Roman philosophy could not serve as a framework for a theory of rights.
Connecting rights and wrongs to God's relationship with humankind, Justice not only offers a rich and compelling philosophical account of justice, but also makes an important contribution to overcoming the present-day divide between religious discourse and human rights.


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brianleeeee 发表于 2008-6-29 21:57:12

A Theory of the Trial

By Robert Burns


Publisher:Princeton University Press
Number Of Pages:280
Publication Date:1999-07-06
ISBN-10 / ASIN:0691007276
ISBN-13 / EAN:9780691007274
Binding:Hardcover
Book Description:

Anyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law.
Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.

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brianleeeee 发表于 2008-6-29 22:01:21

Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk

By James Bessen, Michael J. Meurer


Publisher:Princeton University Press
Number Of Pages:352
Publication Date:2008-03-03
ISBN-10 / ASIN:069113491X
ISBN-13 / EAN:9780691134918
Binding:Hardcover
Product Description:


In the last several years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective.
Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs.
By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.


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brianleeeee 发表于 2008-6-29 22:03:35

Knocking on the Door: The Federal Government's Attempt to Desegregate the Suburbs

By Christopher Bonastia


Publisher:Princeton University Press
Number Of Pages:256
Publication Date:2008-02-04
ISBN-10 / ASIN:069113619X
ISBN-13 / EAN:9780691136196
Binding:Paperback
Product Description:


Knocking on the Door is the first book-length work to analyze federal involvement in residential segregation from Reconstruction to the present. Providing a particularly detailed analysis of the period 1968 to 1973, the book examines how the U.S. Department of Housing and Urban Development (HUD) attempted to forge elementary changes in segregated residential patterns by opening up the suburbs to groups historically excluded for racial or economic reasons. The door did not shut completely on this possibility until President Richard Nixon took the drastic step of freezing all federal housing funds in January 1973. Knocking on the Door assesses this near-miss in political history, exploring how HUD came surprisingly close to implementing rigorous antidiscrimination policies, and why the agency's efforts were derailed by Nixon.
Christopher Bonastia shows how the Nixon years were ripe for federal action to foster residential desegregation. The period was marked by new legislative protections against housing discrimination, unprecedented federal involvement in housing construction, and frequent judicial backing for the actions of civil rights agencies.
By comparing housing desegregation policies to civil rights enforcement in employment and education, Bonastia offers an unrivaled account of why civil rights policies diverge so sharply in their ambition and effectiveness.


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brianleeeee 发表于 2008-6-29 22:05:23

Brennan and Democracy

By Frank I. Michelman


Publisher:Princeton University Press
Number Of Pages:148
Publication Date:1999-07-01
ISBN-10 / ASIN:0691007152
ISBN-13 / EAN:9780691007151
Binding:Hardcover
Book Description:

In Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of "constitutional democracy," a concept in which many have seen the makings of paradox. Here Frank Michelman explores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges. Can we--or should we--embrace the values of democracy together with constitutionalism, judicial supervision, and the rule of law? To answer this question, Michelman calls into service the judicial career of Supreme Court Justice William Brennan, the country's model "activist" judge for the past forty years. Michelman draws on Brennan's record and writings to suggest how the Justice himself might have understood the judiciary's role in the simultaneous promotion of both democratic and constitutional government.
The first chapter prompts us to reflect on how tough and delicate an act it is for the members of a society to attempt living together as a people devoted to self-government. The second chapter seeks to renew our appreciation for democratic liberal political ideals, and includes an extensive treatment of Brennan's judicial opinions, which places them in relation to opposing communitarian and libertarian positions. Michelman also draws on the views of two other prominent constitutional theorists, Robert Post and Ronald Dworkin, to build a provocative discussion of whether democracy is best conceived as a "procedural" or a "substantive" ideal.

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brianleeeee 发表于 2008-6-29 22:09:59

Charity Law & Social Policy: National and International Perspectives on the Functions of the Law relating to Charities (Library of Public Policy and Public Administration)

By Kerry O'Halloran, Myles McGregor-Lowndes, Karla Simon
Publisher:Springer
Number Of Pages:300
Publication Date:2008-07-01
ISBN-10 / ASIN:1402084137
ISBN-13 / EAN:9781402084133
Binding:Hardcover

Product Description:

Charity Law & Social Policy explores contemporary law, policy and practice in a range of modern common law nations. It does so in four parts and from the perspective of how this has evolved in the UK.
As progenitor of a system bequeathed to its colonies and after centuries of leadership in developing the core principles, policies and precedents that subsequently shaped its development, the contribution of England & Wales, the originating jurisdiction, is first described and analysed in detail. This is achieved in the seven chapters comprising Parts 1 and 2. These broadly sketch the parameters and role of ‘charity’ – seen as a mix of public and private interests - then address the law’s role in protecting, policing, adjusting and supporting charity. This provides the critical dimensions for the comparative analysis of experience in the common law nations that constitutes the main part of the book.
Part 3, in 5 chapters, provides an analysis of the legal functions as they apply to type of need and thereby give effect to social policy in Singapore, Australia, New Zealand, Canada and the United States of America. Part 4 concludes with three chapters that appraise political influence as a factor in aligning charity law with social policy to create a facilitative environment for appropriate charitable activity. Attention is given to the central role of the regulator, contemporary charity law frameworks and definitional boundaries.

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brianleeeee 发表于 2008-6-30 08:41:19

Handbook of Antitrust Economics

The MIT Press | 2008-04-30 | ISBN: 0262524775 | 796 pages | PDF | 3,7 MB

Over the past twenty years, economic theory has begun to play a central role in antitrust matters. In earlier days, the application of antitrust rules was viewed almost entirely in formal terms; now it is widely accepted that the proper interpretation of these rules requires an understanding of how markets work and how firms can alter their efficient functioning. The Handbook of Antitrust Economics offers scholars, students, administrators, courts, companies, and lawyers the economist’s view of the subject, describing the application of newly developed theoretical models and improved empirical methods to antitrust and competition law in both the United States and the European Union. (The book uses the U.S. term "antitrust law" and the European "competition law" interchangeably, emphasizing the commonalities between the two jurisdictions.)

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brianleeeee 发表于 2008-6-30 08:50:31

Crimes & Trials of the Century

by Steven Chermak & Frankie Y. Bailey


Greenwood Press | ISBN: 0313341095 | PDF | 743 Pages | October 30, 2007 | English | 3.9 MB

Volume 1: From the Black Sox Scandal to the Attica Prison Riots

Volume 2: From Pine Ridge to Abu Ghraib

The public seems fascinated by crime. News and popular media sources provide a steady diet of stories, footage, and photographs about the misfortunes of others in order to satisfy this appetite. Murder, rape, terrorism, gang-related activities, and other violent crimes are staples. Various crime events are presented in the news every day, but most of what is covered is quickly forgotten. In contrast, some crimes left a lasting impression on the American psyche. Some examples include the assassination of President John F. Kennedy, the bombing of the Murrah building in Oklahoma City, and the September 11th attacks. These events, and other significant cases, are immediately or on reflection talked about as "crimes of the century." They "earn" this title not only because they generate enormous publicity, but because of their impact on American culture: they help define historical eras, influence public opinion about crime, change legal process, and focus concern about important social issues. They seep into many other shared aspects of social life: public conversation, fiction and nonfiction, songs, poems, films, and folk tales. This set focuses on the many "crimes of the century" of the last 100 years. In vivid detail, each crime is laid out, the investigation is discussed, the media reaction is described, the trial (if there was one) is narrated, the resolution is explored, and the significance of the case in terms of its social, political, popular, and legal relevance is examined. Illustrations and sidebars are scattered throughout to enliven the text; print and electronic resources for further reading and research are offered for those wishing to dig deeper. Cases include the Scopes Monkey trial, Ted Bundy, Timothy McVeigh, O.J. Simpson, Leopold and Loeb, Fatty Arbuckle, Al Capone, JonBenet Ramsey, the Lacy Peterson murder, Abu Ghraib, Columbine and more.

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brianleeeee 发表于 2008-6-30 20:17:36

Police Guide to Lock Picking & Improvised Lock Picks
Publisher: Desert Publications
Number Of Pages:
Publication Date: 1976
ISBN-10 / ASIN: B000BAVNQO
ISBN-13 / EAN:
Binding: Paperback


Product Description:
Complete guide meant to shed light on lockpicking and better equip the reader to make the proper decisions concerning physical security. Goes far beyond simple things like deadbolt latch versus a spring bolt latch; the vulnerability of a sliding arcadia door; casement windows and exposed hinge pins; and the like. Covers lock picking, methods of picking, tools, snap picks, pick guns, rapping, rocker picks, pick sets, improvised lock picks, sesame padlocks, handcuffs and much, much more.

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brianleeeee 发表于 2008-7-4 15:19:11

Prostitution, Women and Misuse of the Law: The Fallen Daughters of Eve (Cass Series--Cold War History,)

By Helen J. Self

Publisher: Routledge
Number Of Pages: 318
Publication Date: 2003-06-01
ISBN-10 / ASIN: 071468371X
ISBN-13 / EAN: 9780714683713
Binding: Paperback

Product Description:
This is an examination, from a feminist historian's standpoint, of the background to the present system of regulating prostitution in Britain, which is generally admitted to be not only unjust and discriminatory, but ineffective even in achieving its stated aims. Concentrating on the 1950s, and especially on the Wolfenden Report and the 1959 Street Offences Act, it is a thorough exposure of the sexual double standard and general misogynist assumptions underlying legislation relating to prostitution. In addition to the detailed analysis of the 1950s legislation and the background to it, there is an exposition of the subsequent workings of the Act, and of attempts to amend or repeal it.

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brianleeeee 发表于 2008-7-4 16:52:26

American Murder

By Gini Graham Scott
Publisher: Praeger Publishers
Number Of Pages: 448
Publication Date: 2007-10-30
ISBN-10 / ASIN: 0275983889
ISBN-13 / EAN: 9780275983888
Binding: Hardcover

Product Description:
America has long had the reputation as the most violent and murderous of modern industrialized nations. Even while violent crime has dropped in recent years, our murder rate is still incredibly high. Since the beginning of the 20th century, our society has undergone profound changes. Our technologies have advanced, but the motives and methods for murder and escaping the "long arm of the law" have kept pace, often capitalizing on available technologies. In addition, as the century progressed, the media became an integral part of murder in America, helping investigations, glamorizing murder, and bringing it into our homes on a daily basis. Here, Scott examines the changing face of murder in the context of societal changes and traces the advances in investigative techniques and technologies. Each chapter offers vivid accounts of the most notorious and representative murders for each time period, focusing especially on those murderers who have had the edge on their pursuers, even escaping detection to this day. Beginning at the turn of the century, Scott details one of the most notorious cases of the day, in which a jealous woman poisoned the wife of her lover. The book ends with the still-unsolved Tupac Shakur murder case. Taking readers through the various developments in methods of murder, and the techniques used to capture the criminals, Scott provides a fascinating overview of the way murder has changed through the decades and how law enforcement has kept pace. This insightful book sheds light on both our fascination with murder and on murderers and their nemeses over the last one hundred years.

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brianleeeee 发表于 2008-7-5 11:41:43

file:///C:/Documents%20and%20Settings/Brian%20Lee/My%20Documents/My%20Pictures/1.jpgAlternate Data Storage Forensics

By Amber Schroader, Tyler Cohen

Publisher:Syngress Publishing
Number Of Pages:400
Publication Date:2007-05-15
ISBN-10 / ASIN:1597491632
ISBN-13 / EAN:9781597491631
Binding:Paperback

Product Description:
Learn to pull digital fingerprints from alternate data storage (ADS) devices including: iPod, Xbox, digital cameras and more from the cyber sleuths who train the Secret Service, FBI, and Department of Defense in bleeding edge digital forensics techniques. This book sets a new forensic methodology standard for investigators to use.
This book begins by describing how alternate data storage devices are used to both move and hide data. From here a series of case studies using bleeding edge forensic analysis tools demonstrate to readers how to perform forensic investigations on a variety of ADS devices including: Apple iPods, Digital Video Recorders, Cameras, Gaming Consoles (Xbox, PS2, and PSP), Bluetooth devices, and more using state of the art tools. Finally, the book takes a look into the future at not yet every day devices which will soon be common repositories for hiding and moving data for both legitimate and illegitimate purposes.

* Authors are undisputed leaders who train the Secret Service, FBI, and Department of Defense
* Book presents "one of a kind" bleeding edge information that absolutely can not be found anywhere else
* Today the industry has exploded and cyber investigators can be found in almost every field

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brianleeeee 发表于 2008-7-6 19:35:44

Dead Wrong: Violence, Vengeance, and the Victims of Capital Punishment

By Richard A. Stack

Publisher: Praeger Publishers
Number Of Pages: 320
Publication Date: 2006-09-30
ISBN-10 / ASIN: 0275992217
ISBN-13 / EAN: 9780275992217
Binding: Hardcover

Product Description:
Polls indicate that 75 percent of Americans favor the death penalty--but they also show that minds change when individuals are confronted with the facts. This book was written to offer those facts-and to change those minds. The United States is alone among Western democracies in its support for capital punishment, which was only briefly abolished throughout this country between 1972 and 1976. Today, 38 states have some form of capital punishment. Yet studies show that the death penalty is not a deterrent to crime, that racial disparities in the implementation of capital punishment are rampant, and that all kinds of procedural errors, incompetent defense lawyers, and mistaken eyewitness identifications lead to an alarming number of wrongful convictions. Attitudes toward the death penalty have changed dramatically throughout the course of history, evolving from times when public executions were occasions of solemn and pious ritual to those when it was an excuse for raucous entertainment, and finally to the modern era of private, bureaucratized, mechanized, and sanitized executions conducted out of sight and out of mind. Conforming thus to modern sensibilities, state-sanctioned killing is somehow more acceptable to us than public hangings, because we can imagine that the inmate's death is relatively painless, and not in violation of the Eighth Amendment's prohibition against "cruel and unusual" punishment. This may or may not be true; Stack presents compelling arguments to the contrary. What is certain is that Dead Wrong demonstrates beyond a doubt that death row is itself a form of psychological torture and of slow, painful dehumanization.

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brianleeeee 发表于 2008-7-6 19:38:33

Youth Violence and Delinquency : Monsters and Myths (Criminal Justice, Delinquency, and Corrections)

By Marilyn D. McShane, Frank P. Williams

Publisher: Praeger Publishers
Number Of Pages: 656
Publication Date: 2007-05-30
ISBN-10 / ASIN: 0275991121
ISBN-13 / EAN: 9780275991128
Binding: Hardcover

Product Description:
Juvenile crime and violence has always piqued the public's interest. Indeed, each generation of Americans tends to define the youth crime problem as more serious than any previous generation. Even though juvenile homicides have been decreasing since the mid-1990s, the media is still quick to provide dramatic examples of juvenile "monsters" who are terrorizing their communities. Shootings at schools, gang banging and drug trafficking, school bullies, and charging juveniles as adults are subjects that have recently received wide media coverage. This three volume set on the nature, incidence, consequences, and treatment of youth crime and violence will help readers understand the true nature of youth crime and violence from a variety of perspectives. Each volume covers a different area and experts write on topics ranging from sex offenders to fire starters, from gangs to guns, from juvenile probation to charging youths as adults, from mandatory mental health treatment to police in school settings, and more. What drives a teenager to steal? To kill? Why does youth crime and violence occur? Why are youths such vulnerable targets? What can be done to stop youth offenders, and what can be done to help youthful victims? How does the criminal justice system respond? What do communities do to punish and protect youths? What can schools do to intervene? All these questions and more are answered in this set on this timely and important topic. Our youth are our most precious commodity, and protecting vulnerable children as well as helping offenders is of paramount importance for steering them toward safe and productive lives. These volumes help readers better understand the causes and consequences of youth violence and crime and consider ways to address the problems.

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brianleeeee 发表于 2008-7-8 07:42:27

Lawyers, Money, and Success: The Consequences of Dollar Obsession

by Sunggyu Lee, James G. Speight, Sudarshan K. Loyalka


Quorum Books | 1997-11-30 | ISBN: 1567201342 | 168 pages | PDF | 1,2 MB


Retired Justice Macklin Fleming argues that in its quest for money, the legal profession has lost sight of its true tasks and responsibilities, with the result that the profession is rife with client dissatisfaction, public distrust, and individual lawyer discontent. Money is now the measure of success, he says, and honesty has been diluted, while fiduciary responsibility has eroded. Fleming elaborates his case with unusual rigor. "In the quest for the brass ring of financial success, corner-cutting, absence of candor, and distortions of fact have become increasingly tolerated, to the extent that clients, the public, and lawyers themselves no longer have a sense of trust and confidence in the legal profession." Obviously, changes are needed, and unless they come from within the firms themselves, lawyers can be sure that they will come from individuals, agencies, and organizations outside these firms. Attorneys in all kinds of practices, their clients in all sectors of the economy, and academics concerned with the practice of law in all its dimensions will find Fleming's book informative, challenging, and certainly provocative reading. Fleming starts by examining what he sees as a paradox: a large increase in lawyers' fees despite a fourfold increase in lawyer numbers and a threefold increase in their proportion of the general population. "What happened to the law of supply and demand?" he asks. After tracing the history of the large corporate law firm and its dominance within the profession, he shows how cost-effectiveness within large firms has declined while at the same time what he calls "the magic of the emperor's new clothes" has suspended the law of supply and demand. He discusses excessive legal fees, their resistance to client and court controls, and relates his discussion to the present pervasive distrust of lawyers among the public. Fleming outlines the four existing challenges to business-as-usual by lawyers and law firms, and then ventures his own analysis of the needed future changes in law firms. These include professional law firm management under a less archaic structure, effective integrity and quality controls, cost-controlled delivery of legal services, and increased job satisfaction for its working lawyers.

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