Criminal Procedure and Racial Injustice brings a sustained emphasis on race to the traditional content of criminal procedure. Rather than a wholesale revision of the standard criminal procedure fare, it amply covers all the familiar subject matter areas while integrating into those topics the roles that racial prejudice and racial disparities have played and continue to play in the criminal justice system. For example, the Investigative volume of the book looks deeply into the role that race—mostly implicitly—played not only in the Court’s written decision of Terry v. Ohio but also in the trial and appellate advocacy that produced that decision, including the direct and cross-examinations in the suppression hearing. The Adjudicative volume looks closely at the role that race has played in the makeup of juries in criminal trials, including defense counsel’s ability to pursue voir dire questioning of potential jurors to screen for racial bias; the historical use by prosecutors of peremptory challenges to eliminate Black potential jurors, and the attempt to eliminate that practice by the Supreme Court in Batson v. Kentucky; and the perils of cross-race eyewitness identification in criminal trials. A secondary focus of the book is lawyering—the decisions and tactics of the prosecutors and defense lawyers that undergird the cases in the book. To that end, the plentiful Notes and Questions following the cases provoke thought and discussion not only on the relevant legal doctrine and the racial implications of the doctrine, but also on the choices made by the prosecutors and defense counsel. Benefits for instructors and students: Flexible organization Interesting, timely cases Sophisticated, robust notes and questions following each case Investigative chapters: Police Interrogation and the Fifth Amendment—the scope of the Fifth Amendment privilege; the backdrop for and decision in Miranda v. Arizona; the implementation of Miranda’s custody; interrogation and waiver/assertion components; and the durability of Miranda The Fourth Amendment—the definitions of search and seizure; the “warrant requirement” and its exceptions; and the landmark case of Terry v. Ohio and its legacies for racial profiling, traffic stops, etc. The Exclusionary Rule—the origins of the rule and its exceptions (good faith, attenuation, standing, etc.) and including a section on suppression hearings The Grand Jury—its purported independence, informality, and secrecy; its virtually unlimited power to subpoena witnesses and documents; and grand jury abuse Addressing Police Misconduct—an unconventional chapter exploring the Supreme Court’s resurrection of 42 U.S.C. § 1983 as a private remedy for civil rights violations, the victims of which are disproportionately members of minority groups; the Court’s subsequent weakening of that remedy through doctrines such as qualified immunity; and the Department of Justice’s administrative remedy to address a “pattern and practice” of police misconduct under 42 U.S.C. § 14141. This subject has become increasingly important in the Criminal Procedure realm as recent Supreme Court decisions rejecting application of the exclusionary rule have sometimes cited § 1983 as an adequate alternative remedy. Adjudicative chapters: The Right to Counsel and Criminal Defense—including claims for ineffective assistance of counsel and the chronic underfunding of public indigent defense The Prosecution Function—the enormous discretion, power and ethical responsibilities of that office Pleas and Plea Bargaining—which account for the resolution of over 95% of criminal cases without a trial or any substantial judicial involvement The Right to a Jury Trial—including a glimpse at the surprising results generated by an “originalist” perspective on the right Eyewitness Identification—the fallibility of which has become even clearer in the era of demonstrably wrongful convictions Incarceration—including a look at bail/pretrial detention and the racially unequal impacts of the death penalty and the legislative crack/cocaine disparity Two unconventional chapters—Discriminatory Enforcement, which considers, among other things, the high hurdles in making such claims; and The Department of Justice and the Prosecution of Civil Rights Crimes, which broadly examines DOJ enforcement policies from Reconstruction through notable police violence cases of the 21st century
Whether or not to use force is the most serious decision and one of the most significant interactions law enforcement officers can have with citizens. The decisions made by political and administrative officials when they determine matters of policy, or the decisions made by individual officers in split seconds, may be of life or death importance. The determination of the proper use of force by law enforcement at both administrative and individual levels is crucial for both law enforcement and for the public to maintain order, protect society, enforce just laws, and reasonably respect and protect the rights of civilian citizens. Typically a successful use of force accomplishes an actual seizure within the meaning of the Fourth Amendment, and therefore seizures are examined as Fourth Amendment issues in this book. The most basic and generalizable legal standard for the use of force is «reasonableness», and this book examines the reasonableness of the use of force in a number of situations, both real and hypothetical. Reasonable Use of Force by Police is intended for use in police training, police departments, universities, and by anyone interested in understanding the standards of reasonable use of force by police and other law enforcement officers.
This biography of a bank is largely a narrative that lauds the founder of the bank, A. P. Giannini, and his son for their ability to expand the bank and its assets from its origins within the Bank of Italy in 1906 to the early 1950s. This reprint contains no additional material. The 1954 copyright
This issue of Immunology and Allergy Clinics, guest edited by Drs. J. Tod Olin and James H. Hull, is devoted to Exercise-Induced Bronchospasm and Laryngeal Disorders. Articles in this outstanding issue include: Exercise and the Airway: A Call to Action; Exercise and Sinonasal Disease; Exercise-Induced Laryngeal Obstruction History Background; Exercise-Induced Laryngeal Obstruction Diagnostics; Exercise-Induced Laryngeal Obstruction Speech Speech-language Interventions; Exercise-Induced Laryngeal Obstruction Performance Psychology Interventions; Exercise-Induced Laryngeal Obstruction Surgical Interventions; Excessive Dynamic Airways Collapse (EDAC); Exercise-Induced Bronchospasm Background Prevalence Sport Considerations; Exercise-Induced Bronchospasm Mechanism / Biomarkers; Exercise-Induced Bronchospasm and Environment; Exercise-Induced Bronchospasm Testing; Exercise-Induced Bronchospasm Pharm Therapies with an Eye Towards Athletes; Exercise-Induced Bronchospasm Non- Pharm; and The Future of EIB and Exercise-Induced Laryngeal Obstruction.
Since 1980, our understanding of the factors and processes governing the distribution of soils on the Earth’s surface has increased dramatically, as have the techniques for studying soil patterns. The approach used in this book relies on the National Resources Conservation Service databases to delineate the distribution of each of the eight diagnostic epipedons and 19 subsurface horizons, to identify the taxonomic level at which each of these horizons is used, to develop an understanding of the role of the factors and processes in their formation and to summarize our latest understanding of their genesis. A chapter is devoted to each diagnostic horizon (or combined horizons). This book is intended to serve as a textbook in soil geography, a reference book for geographers, ecologists and geologists and a tool for soil instructors, landlookers, mappers, classifiers and information technologists.
The book's goal is to provide coverage & analysis of the basic philosophies, current trends, and basic mechanics related to effective teaching in psych. It will be centered around the work of Wilbert McKeachie and Charles Brewer.
James Riley, author of the cult hit The Bad Trip: Dark Omens, New Worlds and the End of the Sixties, returns with another incisive and thought-provoking cultural history, turning his trenchant eye to the wellness industry that emerged in the 1970s. Concepts such as wellness and self-care may feel like distinctly twenty-first century ideas, but they first gained traction as part of the New Age health movements that began to flourish in the wake of the 1960s. Riley dives into this strange and hypnotic world of panoramic coastal retreats and darkened floatation tanks, blending a page-turning narrative with illuminating explorations of the era's music, film, art and literature. Well Beings delves deep into the mind of the seventies - its popular culture, its radical philosophies, its approach to health and its sense of social crisis. It tells the story of what was sought, what was found and how these explorations helped the 'Me Decade' find itself. In so doing, it questions what good health means today and reveals what the seventies can teach us about the strange art of being well.
The first book ever written on the National Security Agency from the New York Times bestselling author of Body of Secrets and The Shadow Factory. In this groundbreaking, award-winning book, James Bamford traces the NSA’s origins, details its inner workings, and explores its far-flung operations. He describes the city of fifty thousand people and nearly twenty buildings that is the Fort Meade headquarters of the NSA—where there are close to a dozen underground acres of computers, where a significant part of the world’s communications are monitored, and where reports from a number of super-sophisticated satellite eavesdropping systems are analyzed. He also gives a detailed account of NSA’s complex network of listening posts—both in the United States and throughout much of the rest of the world. When a Soviet general picks up his car telephone to call headquarters, when a New York businessman wires his branch in London, when a Chinese trade official makes an overseas call, when the British Admiralty urgently wants to know the plans and movements of Argentina’s fleet in the South Atlantic—all of these messages become NSA targets. James Bamford’s illuminating book reveals how NSA’s mission of Signals Intelligence (SIGINT) has made the human espionage agent almost a romantic figure of the past. Winner Best Investigative Book of the Year Award from Investigative Reporters & Editors “The Puzzle Palace has the feel of an artifact, the darkly revealing kind. Though published during the Reagan years, the book is coolly subversive and powerfully prescient.”—The New Yorker “Mr. Bamford has emerged with everything except the combination to the director’s safe.”—The New York Times Book Review
The first comprehensive history of squash in the United States, Squash incorporates every aspect of this increasingly popular sport: men's and women's play, juniors and intercollegiates, singles and doubles, hardball and softball, amateurs and professionals. Invented by English schoolboys in the 1850s, squash first came to the United States in 1884 when St. Paul's School in New Hampshire built four open-air courts. The game took hold in Philadelphia, where players founded the U.S. Squash Racquets Association in 1904, and became one of the primary pastimes of the nation's elite. Squash launched a U.S. Open in 1954, but its present boom started in the 1970s when commercial squash clubs took the sport public. In the 1980s a pro tour sprung up to offer tournaments on portable glass courts in dramatic locales such as the Winter Garden at the World Trade Center. James Zug, with access to private archives and interviews with hundreds of players, describes the riveting moments and sweeping historical trends that have shaped the game. He focuses on the biographies of legendary squash personalities: Eleo Sears, the Boston Brahmin who swam in the cold Atlantic before matches; Hashim Khan, the impish founder of the Khan dynasty; Victor Niederhoffer, the son of a Brooklyn cop; and Mark Talbott, a Grateful Dead groupie who traveled the pro circuit sleeping in the back of his pickup. A gripping cultural history, Squash is the book for which all aficionados of this fast-paced, exciting game have been waiting.
American Law and Legal Systems examines the philosophy of law within a political, social, and economic framework with great clarity and insight. Readers are introduced to operative legal concepts, everyday law practices, substantive procedures, and the intricacies of the American legal system. Eliminating confusing legalese, the authors skillfully explain the basics, from how a lawsuit is filed through the final appeal. This new edition provides essential updates to forensic and scientific evidence, contract law, and family law, and includes new text boxes and tables to help students understand, remember, and apply central concepts. New to the 8th Edition Updates the coverage of environmental law, especially in relation to climate change. Updates the coverage of family law, especially in relation to gay marriage. Includes new coverage of challenges to the Voting Rights Act, campaign finance, and cybersecurity. Covers the effects of social media on judicial proceedings. Includes 16 new cases, including Obergefell v. Hodges. Adds new text boxes on intriguing subjects throughout. Accompanied by an author-written Instructor’s Manual that includes Learning Objectives, Chapter Summaries, Chapter Outlines, Key Terms and Concepts, as well as Test Questions for each chapter.
A study of past and prospective business development around rail transit stations in the Washington DC area. Washington has one of the very few new and extensive rail transit systems in America, although expectations of transit system-induced revitalization in this area have not uniformly been met. This book develops an econometric model of local development (LOCDEV) around major public investments, applies it to the existing Washington transit system, and uses it to forecast future development levels around new stations. The book includes a user's guide to the LOCDEV model and concludes with reflections on modelling and forecasting.
Deftly balancing theory and application, this book stands out in its coverage of the derivation of the GLM families and their foremost links. This edition has new sections on discrete response models, including zero-truncated, zero-inflated, censored, and hurdle count models, as well as heterogeneous negative binomial, and more.
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