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Reconstructing Research Integrity: Beyond Denial
by Barbara RedmanThis book exposes significant threats to research integrity and identifies policies and practices that can reverse these trends. It is focused on human research and US policy. Recent assessments have shown inadequacies in institutions, policies, and practices that seriously compromise ethics. The presumed self-regulatory nature of the scientific endeavor has been exposed to have allowed unabated areas of poor-quality science, an incomplete and inaccessible scientific record, conflicts of interest, differing notions of accountability, virtually no evidence base to direct research integrity policy, and a growing sense of alienation, moral injury and even revolt among scientists. Reconstructing Research Integrity aims to capture ways of vigorously moving toward scientific and ethical rigor, including self-correction and emerging or already-successful initiatives. The book begins with analysis of the full system of institutions, policies, and practices involved in production, dissemination, and application of research, including an examination of the blind spots in research ethics ideology, policy, and practice. The book then identifies policies and practices that can reverse harmful ethical trends, such as strengthening Responsible Conduct of Research (RCR) training and improving self-regulation in the scientific community. Finally, the book discusses the constant evolution of research ethics and integrity, which is illustrated by emerging research fields like gene editing and data science. This book will be of interest to all research administrators in academic, commercial and government positions; to policy advisors at the National Science Foundation and at the National Academies of Science, Engineering, and Medicine; to graduate students in research ethics; to advanced bioethics education programs across the globe; and to researchers and consultants in ELSI (ethical, legal, and social implications) programs.
Reconstructing Restorative Justice Philosophy
by Theo Gavrielides Vasso ArtinopoulouThis book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the need for the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners.
Reconstructing Rights: Courts, Parties, and Equality Rights in India, South Africa, and the United States (Comparative Constitutional Law and Policy)
by Stephan StohlerJudges often behave in surprising ways when they re-interpret laws and constitutions. Contrary to existing expectations, judges regularly abandon their own established interpretations in favor of new understandings. In Reconstructing Rights, Stephan Stohler offers a new theory of judicial behavior which demonstrates that judges do not act alone. Instead, Stohler shows that judges work in a deliberative fashion with aligned partisans in the elected branches to articulate evolving interpretations of major statutes and constitutions. Reconstructing Rights draws on legislative debates, legal briefs, and hundreds of judicial opinions issued from high courts in India, South Africa, and the United States in the area of discrimination and affirmative action. These materials demonstrate judges' willingness to provide interpretative leadership. But they also demonstrate how judges relinquish their leadership roles when their aligned counterparts disagree. This pattern of behavior indicates that judges do not exercise exclusive authority over constitutional interpretation. Rather, that task is subject to greater democratic influence than is often acknowledged.
Reconstructing Sovereignty (Law and Philosophy Library #132)
by Antonia M. WaltermannThe notion of sovereignty plays an important part in various areas of law, such as constitutional law and international public law. Though the concept of sovereignty as applied in constitutional law differs from that used in international public law, there is no true consensus on the meaning of “sovereignty” within these respective fields, either.Is sovereignty about factual power, or only about legal equality? Do only democracies have sovereignty, because they have legitimacy, or is there no (necessary) connection between democracy, legitimacy and sovereignty? Has the European Union encroached upon the sovereignty of the Member States, or is transferring competences to the European Union an expression and exercise of the very sovereignty some claim is under attack? Is it about states, or is it about peoples having a right to self-determination, and if the latter, does this represent popular sovereignty or something else? In order to answer these and related questions, we need a clear grasp of what “sovereignty” means. This book provides an analytical and conceptual framework for “sovereignty” in the context of law.The book does not seek to describe how the term “sovereignty” is used in the different contexts and discourses in which it is employed, but rather distinguishes between two possible meanings of sovereignty that allow the reader to use the term with specificity and clarity. In this way, this book hopes to offer valuable analytical tools for politicians, constitutional and international lawyers (both practitioners and academics) and legal theorists that help them be clear about what they mean when they speak of “sovereignty.”
Reconstructing the Corporation: From Shareholder Primacy to Shared Governance
by Grant M. Hayden Matthew T. BodieModern corporations contribute to a wide range of contemporary problems, including income inequality, global warming, and the influence of money in politics. Their relentless pursuit of profits, though, is the natural outcome of the doctrine of shareholder primacy. As the consensus around this doctrine crumbles, it has become increasingly clear that the prerogatives of corporate governance have been improperly limited to shareholders. It is time to examine shareholder primacy and its attendant governance features anew, and reorient the literature around the basic purpose of corporations. This book critically examines the current state of corporate governance law and provides decisive rebuttals to longstanding arguments for the exclusive shareholder franchise. Reconstructing the Corporation presents a new model of corporate governance - one that builds on the theory of the firm as well as a novel theory of democratic participation - to support the extension of the corporate franchise to employees.
Reconstructing the Fourth Amendment: A History of Search and Seizure, 1789-1868
by Andrew E. TaslitzThe modern law of search and seizure permits warrantless searches that ruin the citizenry's trust in law enforcement, harms minorities, and embraces an individualistic notion of the rights that it protects, ignoring essential roles that properly-conceived protections of privacy, mobility, and property play in uniting Americans. Many believe the Fourth Amendment is a poor bulwark against state tyrannies, particularly during the War on Terror. Historical amnesia has obscured the Fourth Amendment's positive aspects, and Andrew E. Taslitz rescues its forgotten history in Reconstructing the Fourth Amendment, which includes two novel arguments. First, that the original Fourth Amendment of 1791—born in political struggle between the English and the colonists—served important political functions, particularly in regulating expressive political violence. Second, that the Amendment’s meaning changed when the Fourteenth Amendment was created to give teeth to outlawing slavery, and its focus shifted from primary emphasis on individualistic privacy notions as central to a white democratic polis to enhanced protections for group privacy, individual mobility, and property in a multi-racial republic.With an understanding of the historical roots of the Fourth Amendment, suggests Taslitz, we can upend negative assumptions of modern search and seizure law, and create new institutional approaches that give political voice to citizens and safeguard against unnecessary humiliation and dehumanization at the hands of the police.
Reconstructing the Household
by Peter W. BardaglioIn Reconstructing the Household, Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody, and adoption laws to show how southerners struggled with the conflicts and stresses that surfaced within their own households and in the larger society during the Civil War era. Based on literary as well as legal sources, Bardaglio's analysis reveals how legal contests involving African Americans, women, children, and the poor led to a rethinking of families, sexuality, and the social order. Before the Civil War, a distinctive variation of republicanism, based primarily on hierarchy and dependence, characterized southern domestic relations. This organic ideal of the household and its power structure differed significantly from domestic law in the North, which tended to emphasize individual rights and contractual obligations. The defeat of the Confederacy, emancipation, and economic change transformed family law and the governance of sexuality in the South and allowed an unprecedented intrusion of the state into private life. But Bardaglio argues that despite these profound social changes, a preoccupation with traditional notions of gender and race continued to shape southern legal attitudes.
Reconstructing the National Bank Controversy: Politics and Law in the Early American Republic
by Eric LomazoffThe Bank of the United States sparked several rounds of intense debate over the meaning of the Constitution’s Necessary and Proper Clause, which authorizes the federal government to make laws that are “necessary” for exercising its other powers. Our standard account of the national bank controversy, however, is incomplete. The controversy was much more dynamic than a two-sided debate over a single constitutional provision and was shaped as much by politics as by law. With Reconstructing the National Bank Controversy, Eric Lomazoff offers a far more robust account of the constitutional politics of national banking between 1791 and 1832. During that time, three forces—changes within the Bank itself, growing tension over federal power within the Republican coalition, and the endurance of monetary turmoil beyond the War of 1812 —drove the development of our first major debate over the scope of federal power at least as much as the formal dimensions of the Constitution or the absence of a shared legal definition for the word “necessary.” These three forces—sometimes alone, sometimes in combination—repeatedly reshaped the terms on which the Bank’s constitutionality was contested. Lomazoff documents how these three dimensions of the polity changed over time and traces the manner in which they periodically led federal officials to adjust their claims about the Bank’s constitutionality. This includes the emergence of the Coinage Clause—which gives Congress power to “coin money, regulate the value thereof”—as a novel justification for the institution. He concludes the book by explaining why a more robust account of the national bank controversy can help us understand the constitutional basis for modern American monetary politics.
The Reconstruction Amendments: The Essential Documents, Volume 1
by Kurt T. LashRatified in the years immediately following the American Civil War, the Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution—together known as the Reconstruction Amendments—abolished slavery, safeguarded a set of basic national liberties, and expanded the right to vote, respectively. This two-volume work presents the key speeches, debates, and public dialogues that surrounded the adoption of the three amendments, allowing us to more fully experience how they reshaped the nature of American life and freedom. Volume I outlines a broad historical context for the Reconstruction Amendments and contains materials related to the Thirteenth Amendment, which abolished slavery, while Volume 2 covers the Fourteenth and Fifteenth Amendments on the rights of citizenship and enfranchisement. The documents in this collection encompass a sweeping range of primary sources, from congressional debates to court cases, public speeches to newspaper articles. As a whole, the volumes meticulously depict a significant period of legal change even as they illuminate the ways in which people across the land grappled with the process of constitutional reconstruction. Filling a major gap in the literature on the era, The Reconstruction Amendments will be indispensable for readers in politics, history, and law, as well as anyone seeking a better understanding of the post–Civil War basis of American constitutional democracy.
The Reconstruction Amendments: The Essential Documents, Volume 1
by Kurt T. LashRatified in the years immediately following the American Civil War, the Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution—together known as the Reconstruction Amendments—abolished slavery, safeguarded a set of basic national liberties, and expanded the right to vote, respectively. This two-volume work presents the key speeches, debates, and public dialogues that surrounded the adoption of the three amendments, allowing us to more fully experience how they reshaped the nature of American life and freedom. Volume I outlines a broad historical context for the Reconstruction Amendments and contains materials related to the Thirteenth Amendment, which abolished slavery, while Volume 2 covers the Fourteenth and Fifteenth Amendments on the rights of citizenship and enfranchisement. The documents in this collection encompass a sweeping range of primary sources, from congressional debates to court cases, public speeches to newspaper articles. As a whole, the volumes meticulously depict a significant period of legal change even as they illuminate the ways in which people across the land grappled with the process of constitutional reconstruction. Filling a major gap in the literature on the era, The Reconstruction Amendments will be indispensable for readers in politics, history, and law, as well as anyone seeking a better understanding of the post–Civil War basis of American constitutional democracy.
The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber
by Peter Langford Ian Bryan John McGarryHans Kelsen and Max Weber are conventionally understood as the original proponents of two distinct and opposed processes of concept formation generating two separate and contrasting theoretical frameworks for the study of law. The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber contests the conventional understanding of the theoretical relationship between Kelsen’s legal positivism and Weber’s sociology of law. Utilising the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume analyse central points of affinity and divergence in the work of these two influential figures. Thus, the chapters collected in The Reconstruction of the Juridico-Political offer a comprehensive reconsideration of these affinities and divergences, through a comparison of their respective reconstruction of the notions of democracy, the State, legal rights and the character of law. From this reconsideration a more complex understanding of their theoretical relationship emerges combined with a renewed emphasis upon the continued contemporary relevance of the work of Kelsen and Weber.
Reconstructionist Confucianism
by Ruiping FanContrasting with conventional Neo-Confucian attempts to recast the Confucian heritage in light of modern Western values, this book offers a Reconstructionist Confucian project to reclaim Confucian resources to meet contemporary moral and public policy challenges. Ruiping Fan argues that popular accounts of human goods and social justice within the dominant individualist culture of the West are too insubstantial to direct a life of virtue and a proper structure of society. Instead, he demonstrates that the moral insights of Confucian thought are precisely those needed to fill the moral vacuum developing in post-communist China and to address similar problems in the West. The book has a depth of reflection on the Confucian tradition through a comparative philosophical strategy and a breadth of contemporary issues addressed unrivaled by any other work on these topics. It is the first in English to explore not only the endeavor to revive Confucianism in contemporary China, but also brings such an endeavor to bear upon the important ethical, social, and political difficulties being faced in 21st century China. The book should be of interest to any philosopher working in application of traditional Chinese philosophy to contemporary issues as well as any reader interested in comparative cultural and ethical studies.
Recording Skills in Safeguarding Adults
by Simon Leslie Jacki PritchardRecording Skills in Safeguarding Adults is the comprehensive guide to keeping accurate, effective and complete records in safeguarding adults work. This book explains why good record-keeping is essential: it covers crucial skills in recording, including how to write effectively; evidential requirements when writing statements and reports for court; and minute-taking. The book includes best practice points, exercises and examples of good recording. Each chapter also features informative, anecdotal experiences and comments from experts in safeguarding adults work, including police and lawyers, on what is needed in written records and how to present evidence clearly and persuasively. This book is essential reading for all safeguarding adults practitioners who are required to keep records, including social workers, probation officers, nurses, support workers, residential and day care staff, volunteers and advocates.
Recovering Canada: The Resurgence of Indigenous Law
by John BorrowsCanada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.
Recovering Canada: The Resurgence of Indigenous Law
by John BorrowsCanada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.
Recovering Christian Character: The Psychological Wisdom of Søren Kierkegaard (Kierkegaard as a Christian Thinker)
by Robert C. RobertsDiscipleship guidance from the writings of Kierkegaard Genuine Christian character often runs counter to prevailing notions of Christianity—as much in today&’s era of nationalistic religiosity as in the staid Christendom of Søren Kierkegaard&’s time. Kierkegaard responded to the hypocrisy around him by becoming a missionary of sorts in the Western world. Through his writing he exposed the illusions of conventional wisdom while advancing a compelling vision of the true Christian life that would give rise to essential virtues like faith, hope, love, patience, gratitude, and humility. What might Kierkegaard say to us today about recovering a genuine Christian character amid manifold corruptions of the gospel? Robert C. Roberts guides the reader through Kierkegaard&’s thought about character—clarifying while never unduly simplifying—to show how Kierkegaard&’s prescient psychological insights can be applied in the lives of twenty-first-century Christians interested in personal formation. Taking on a Kierkegaardian voice of his own, Roberts powerfully illustrates how virtue arises not from the mastery of individual ethical principles but from the continuity of one&’s soul with the heart of God.
Recovering Civility during COVID-19
by Matteo Bonotti Steven T. ZechThis Open Access book examines many of the challenges posed by the COVID-19 pandemic through the distinctive lens of civility. The idea of civility appears often in both public and academic debates, and a polarized political climate frequently leads to allegations of uncivil speech and behaviour. Norms of civility are always contested, even more so in moments of crisis such as a global pandemic. A focus on civility provides crucial insight and guidance on how to navigate the social and political challenges resulting from COVID-19. Furthermore, it offers a framework through which citizens and policymakers can better understand the causes and consequences of incivility, and devise ways to recover civility in our social and political lives.
Recovering Identity: Criminalized Women's Fight for Dignity and Freedom
by Cesraéa RumpfA free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more.Recovering Identity examines a critical tension in criminalized women's identity work. Through in-depth qualitative and photo-elicitation interviews, Cesraéa Rumpf shows how formerly incarcerated women engaged recovery and faith-based discourses to craft rehabilitated identities, defined in opposition to past identities as "criminal-addicts." While these discourses made it possible for women to carve out spaces of personal protection, growth, and joy, they also promoted individualistic understandings of criminalization and the violence and dehumanization that followed. Honoring criminalized women's stories of personal transformation, Rumpf nevertheless strongly critiques institutions' promotion of narratives that impose lifelong moral judgment while detracting attention from the structural forces of racism, sexism, and poverty that contribute to women's vulnerability to violence.
Recovery of Gray Wolves in the Great Lakes Region of the United States: An Endangered Species Success Story
by Adrian P. Wydeven Edward Heske Timothy R. DeelenThe Great Lakes region is unique in that it is the only portion of the lower 48 states where wolves were never extirpated. As the birthplace of some of the first modern concepts of wolf conservation and research, the region is also the first place in the U.S. where "endangered" wolf populations recovered. During this process, much has been learned about wolf biology and ecology, endangered species management, carnivore conservation, landscape ecology, depredation management, and social aspects of wildlife conservation. Recovery of Gray Wolves in the Great Lakes Region of the United States traces wolf recovery in this region and highlights lessons learned by conservationists during the recovery process. Each chapter includes a thorough review of the pertinent literature, in addition to new data and new perspectives and interpretations. The result is both rigorous with respect to science and policy and accessible and interesting for the lay reader. The story of wolf recovery in the Great Lakes region is one of international significance for conservationists.
The Recovery of Non-Pecuniary Loss in European Contract Law (The Common Core of European Private Law)
by Vernon Valentine PalmerThis is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike. The first comprehensive study of non-pecuniary loss in European contract law. A broad comparative and historical perspective covering twelve countries and both civil law and common law traditions. Precise and practical insights focused on Europe's leading cases.
Recreating Creativity, Reinventing Inventiveness: AI and Intellectual Property Law (Law and Change)
by Nikos Koutras and Niloufer SelvaduraiAs artificial intelligence (AI) is increasingly used to generate inventions and creative works, a critical question to be addressed is whether intellectual property (IP) laws should protect such works. This book examines the critical question of whether intellectual property laws should protect works generated by artificial intelligence.If we do not wish to use IP laws to protect such works, how can we still support research, development, and innovation in society? If we do wish to use IP laws to protect such works, should the copyright, patents, and other IP rights attach to the human creator of the AI technology or the AI system? The book explores these compelling societal, economic, and legal issues. The authors evaluate the continuing relevance of existing laws, explore the divergent approaches being debated by nations around the world, and present visions for change.The book will enable both lawyers and non-lawyers to reimagine governance frameworks to create laws that equitably balance the interests of creators, investors, and end users of AI-generated works.
Recreation Programming
by J. Robert Roseman Barbara Elwood SchlatterUsed in numerous universities throughout the United States, Canada, Australia, and New Zealand, this book provides programming insights for educators, practitioners, and students. This book will present readers with the vital tools necessary in providing successful programs for their patrons.
The Recruiter: Spying and the Lost Art of American Intelligence
by Douglas LondonThis revealing memoir from a 34-year veteran of the CIA who worked as a case officer and recruiter of foreign agents before and after 9/11 provides an invaluable perspective on the state of modern spy craft, how the CIA has developed, and how it must continue to evolve.If you've ever wondered what it's like to be a modern-day spy, Douglas London is here to explain. London&’s overseas work involved spotting and identifying targets, building relationships over weeks or months, and then pitching them to work for the CIA—all the while maintaining various identities, a day job, and a very real wife and kids at home.The Recruiter: Spying and the Lost Art of American Intelligence captures the best stories from London's life as a spy, his insights into the challenges and failures of intelligence work, and the complicated relationships he developed with agents and colleagues. In the end, London presents a highly readable insider&’s tale about the state of espionage, a warning about the decline of American intelligence since 9/11 and Iraq, and what can be done to recover.
Recruiting and Retaining America's Finest: Evidence-based Lessons for Police Workforce Planning
by Bernard D. Rostker Jeremy M. Wilson Cha-Chi FanShares results of a survey, sent to every U.S. police agency with at least 300 sworn officers, on recruitment and retention practices. Finds that police compensation, city size, and crime rates affected recruiting. Advertising and incentives had little effect on the number of recruits. Cohort sizes highlighted management challenges. To facilitate comparative and longitudinal staffing analyses, ongoing national data collection is recommended.
Rectify: The Power of Restorative Justice After Wrongful Conviction
by Lara BazelonMakes a powerful argument for adopting a model of restorative justice as part of the Innocence Movement so exonerees, crime victims, and their communities can come together to heal.In Rectify, a former Innocence Project director and journalist Lara Bazelon puts a face to the growing number of men and women exonerated from crimes that kept them behind bars for years - sometimes decades - and that devastate not only the exonerees but also their families, the crime victims who mistakenly identified them as perpetrators, the jurors who convicted them, and the prosecutors who realized too late that they helped convict an innocent person.Bazelon focuses on Thomas Haynesworth, a teenager arrested for multiple rapes in Virginia, and Janet Burke, a rape victim who mistakenly IDed him. It took over two decades before he was exonerated. Conventional wisdom points to an exoneration as a happy ending to tragic tales of injustice, such as Haynesworth's. However, even when the physical shackles are left behind, invisible ones can be profoundly more difficult to unlock.In the midst of Bazelon's frustration over the blatant limitations of courts and advocates, her hope is renewed by the fledgling but growing movement to apply the centuries-old practice of restorative justice to wrongful conviction cases. Using the stories of Thomas Haynesworth, Janet Burke, and other crime victims and exonerees, she demonstrates how the transformative experience of connecting isolated individuals around mutual trauma and a shared purpose of repairing harm unite unlikely allies. Movingly written and vigorously researched, Rectify takes to task the far-reaching failures of our criminal justice system and offers a window into a future where the power it yields can be used in pursuit of healing and unity rather than punishment and blame.