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Rehabilitation Issues, Problems, and Prospects in Boot Camp
by Brent BendaBoot camps-what are their effects on criminal behavior?Public and political support for boot camps as alternative correctional facilities has rarely faltered since their inception decades ago, though their efficacy remains uncertain. Rehabilitation Issues, Problems, and Prospects in Boot Camp explores all facets of the controversial issue, from the attitudes and perceptions of the public, to the political motivations in maintaining them, on to the latest research on the camps and their graduates. Respected authorities discuss boot camps&’ effectiveness on diverse groups according to age, gender, race, and correctional facility. Cost factors between boot camps and other correctional institutions are compared, along with the latest criminal recidivism data. Boot camps provide inmates with an uncomfortable, paramilitary-style environment with an eye toward shorter incarceration time, lower costs, and more positive effects on criminal behavior. Does this correctional model work as anticipated? Rehabilitation Issues, Problems, and Prospects in Boot Camp gives you the facts, revealing the public and political arguments for and against boot camps as well as the research on the theoretical predictors of criminal recidivism and the differing attitudes of attendees toward the facilities according to gender and race. Critical policy issues are identified and discussed in-depth, with particular emphasis given to the positive and negative aspects of rehabilitation possibilities of boot camps. Helpful tables clearly illustrate statistics while extensive references provide opportunities for further insight.Rehabilitation Issues, Problems, and Prospects in Boot Camp explores questions such as: criminal recidivism-what are the theoretical predictors? what effect does gender have on criminal recidivism? what is the effect of this hypermasculine paramilitary prison environment have on males- and females? what are the differences between Native American and non-Native American perceptions of boot camp? is the perceived severity of boot camp different for gender? what is the process for policymaking in creating and maintaining boot camps? what role does politics play in the continuation of boot camps? what corrections to boot camp facilities should be made based upon evidence and research?Rehabilitation Issues, Problems, and Prospects in Boot Camp is a thorough examination of the social and political issues about boot camps that makes essential reading for educators, students, sociologists, criminologists, psychologists, counselors, and criminal justice professionals.
Rehumanizing Law
by Randy GordonIn a popular sense, 'law' connotes the rules of a society, as well as the institutions that make and enforce those rules. Although laws are created and interpreted in legislatures and courtrooms by individuals with very specialized knowledge, the practice and making of law is closely tied to other systems of knowledge. To emphasize this often downplayed connection, Rehumanizing Law examines the law in relation to narrative, a fundamental mode of human expression.Randy D. Gordon illustrates the bridge between narrative and law by considering whether literature can prompt legislation. Using Upton Sinclair's The Jungle and Rachel Carson's Silent Spring, Gordon shows that literary works can figure in important regulatory measures. Discussing the rule of law in relation to democracy, he reads Melville's Billy Budd and analyzes the O.J. Simpson and Rodney King cases.This highly original and creative study reconnects the law to its narrative roots by showing how and why stories become laws.
Reid's Ethics (Elements in Ethics)
by Terence CuneoThis Element presents Thomas Reid's agency-centered ethical theory. This means, one according to which agency intersects with the subject matter of ethics in a sufficiently wide range of important ways that we cannot satisfactorily engage in ethical theorizing without committing ourselves to and, ultimately developing, particular understandings of agency. Reid's agency-centered approach to ethics is introduced, and some ambiguities and puzzling features of his understanding of these components of agency are discussed. The Element explores how Reid might respond to challenges raised by the Aristotelian-Thomistic tradition, on the one hand, and sentimentalism, on the other. The distinctiveness of Reid's approach is also examined here, indicating ways in which his view is not characteristically modern.
The Reign of Anti-logos: Performance in Postmodernity (Palgrave Insights into Apocalypse Economics)
by David HawkesThe concept of ‘performativity’ has risen to prominence throughout the humanities. The rise of financial derivatives reflects the power of the performative sign in the economic sphere. As recent debates about gender identity show, the concept of performativity is also profoundly influential on people’s personal lives. Although the autonomous power of representation has been studied in disciplines ranging from economics to poetics, however, it has not yet been evaluated in ethical terms. This book supplies that deficiency, providing an ethical critique of performative representation as it is manifested in semiotics, linguistics, philosophy, poetics, theology and economics. It constructs a moral criticism of the performative sign in two ways: first, by identifying its rise to power as a single phenomenon manifested in various different areas; and second, by locating efficacious representation in its historical context, thus connecting it to idolatry, magic, usury and similar performative signs. The book concludes by suggesting that earlier ethical critiques of efficacious representation might be revived in our own postmodern era.
Reimagining Administrative Justice: Human Rights in Small Places
by Margaret Doyle Nick O'Brien‘In their beautifully written book, O’Brien and Doyle tell a story of small places – where human rights and administrative justice matter most. A human rights discourse is cleverly intertwined with the debates about the relationship between the citizen and the state and between citizens themselves. O’Brien and Doyle re-imagine administrative justice with the ombud institution at its core. This book is a must read for anyone interested in a democratic vision of human rights deeply embedded within the administrative justice system.’—Naomi Creutzfeldt, University of Westminster, UK 'Doyle and O'Brien's book makes an important and timely contribution to the growing literature on administrative justice, and breaks new ground in the way that it re-imagines the field. The book is engagingly written and makes a powerful case for reform, drawing on case studies and examples, and nicely combining theory and practice. The vision the authors provide of a more potent and coherent approach to administrative justice will be a key reference point for scholars, policymakers and practitioners working in this field for years to come.'—Dr Chris Gill, Lecturer in Public Law, University of Glasgow 'This immensely readable book ambitiously and successfully re-imagines adminstrative justice as an instrument of institutional reform, public trust, social rights and political friendship. It does so by expertly weaving together many disparate motifs and threads to produce an elegant tapestry illustrating a remaking of administrative justice as a set of principles with the ombud institution at its centre.’—Carolyn Hirst, Independent Researcher and Mediator, Hirstworks This book reconnects everyday justice with social rights. It rediscovers human rights in the 'small places' of housing, education, health and social care, where administrative justice touches the citizen every day, and in doing so it re-imagines administrative justice and expands its democratic reach. The institutions of everyday justice – ombuds, tribunals and mediation – rarely herald their role in human rights frameworks, and never very loudly. For the most part, human rights and administrative justice are ships that pass in the night. Drawing on design theory, the book proposes to remedy this alienation by replacing current orthodoxies, not least that of 'user focus', with more promising design principles of community, network and openness. Thus re-imagined, the future of both administrative justice and social rights is demosprudential, firmly rooted in making response to citizen grievance more democratic and embedding legal change in the broader culture.
Reimagining Advocacy: Rhetorical Education in the Legal Clinic (RSA Series in Transdisciplinary Rhetoric #8)
by Elizabeth C. BrittDomestic violence accounts for approximately one-fifth of all violent crime in the United States and is among the most difficult issues confronting professionals in the legal and criminal justice systems. In this volume, Elizabeth Britt argues that learning embodied advocacy—a practice that results from an expanded understanding of expertise based on lived experience—and adopting it in legal settings can directly and tangibly help victims of abuse.Focusing on clinical legal education at the Domestic Violence Institute at the Northeastern University School of Law, Britt takes a case-study approach to illuminate how challenging the context, aims, and forms of advocacy traditionally embraced in the U.S. legal system produces better support for victims of domestic violence. She analyzes a wide range of materials and practices, including the pedagogy of law school training programs, interviews with advocates, and narratives written by students in the emergency department, and looks closely at the forms of rhetorical education through which students assimilate advocacy practices. By examining how students learn to listen actively to clients and to recognize that clients have the right and ability to make decisions for themselves, Britt shows that rhetorical education can succeed in producing legal professionals with the inclination and capacity to engage others whose values and experiences diverge from their own.By investigating the deep relationship between legal education and rhetorical education, Reimagining Advocacy calls for conversations and action that will improve advocacy for others, especially for victims of domestic violence seeking assistance from legal professionals.
Reimagining Contract Law Pedagogy: A New Agenda for Teaching (Legal Pedagogy)
by Warren Swain David CampbellReimagining Contract Law Pedagogy examines why existing contract teaching pedagogy has remained in place for so long and argues for an overhaul of the way it is taught. With contributions from a range of jurisdictions and types of university, it provides a survey of contract law courses across the common law world, reviewing current practice and expressing concern that the emphasis the current approach places on some features of contract doctrine fails to reflect reality. The book engages with the major criticism of the standard contract course, which is that it is too narrow and rarely engages with ordinary life, or at least ordinary contracts, and argues that students are left without vital knowledge. This collection is designed to be a platform for sharing innovative teaching experiences, with the aim of building a new approach that addresses such issues. This book will have international appeal and will be of interest to academics, researchers and postgraduates in the fields of law and education. It will also appeal to teachers of contract law, as well as governmental and legal profession policymakers.
Reimagining Equality: A New Deal for Children of Color
by Nancy E. Dowd2018 Outstanding Academic Title, given by Choice MagazineA comprehensive examination of developmental inequality among children Developmental equality–whether every child has an equal opportunity to reach their fullest potential–is essential for children’s future growth and access to opportunity. In the United States, however, children of color are disproportionately affected by poverty, poor educational outcomes, and structural discrimination, limiting their potential. In Reimagining Equality, Nancy E. Dowd sets out to examine the roots of these inequalities by tracing the life course of black boys from birth to age 18 in an effort to create an affirmative system of rights and support for all children. Drawing on interdisciplinary research, the book demonstrates that black boys encounter challenges and barriers that funnel them toward failure rather than developmental success. Their example exposes a broader reality of hierarchies among children, linked to government policies, practices, structures, and institutions. Dowd argues for a new legal model of developmental equality, grounded in the real challenges that children face on the basis of race, gender, and class. Concluding with a “New Deal” for all children, Reimagining Equality provides a comprehensive set of policies that enables our political and legal systems to dismantle what harms and discriminates children, and maximize their development.
Reimagining Europe: Thinking in Crisis (SUNY series in Contemporary French Thought)
by Georgios Tsagdis; Rozemund Uljée; Bart ZantvoortReimagining Europe comprises a series of contributions which address, in various ways, the relationship between Europe and continental philosophy/phenomenology. Europe is in crisis: a crisis that no longer designates a moment of decision, a critical point between a before and an after, but a state, a permanent mode of being, a constant emergency. At this juncture of Europe, the aporia of language confronts the aporia of history. We cannot speak, we must speak, we shall speak. As such, the contributions all engage with the idea that the question "what is Europe?" must measure up a series of questions, namely: what was it to be? What does it mean to initiate and sustain a project, such as Europe, if only at times, after the fact? The questions of internal and external borders, of homogeneity and coherence, identity and equality, legitimacy and rights, democracy and representation can only be raised insofar as the question of Europe, its destiny, and destination, is raised as a whole.
Reimagining Faith and Management: The Impact of Faith in the Workplace (Routledge Studies in Management, Organizations and Society)
by Edwina Pio; Robert Kilpatrick; Timothy PrattMuch contemporary research ignores or is dismissive of the growth of global religiosity, even though 90% of the global population sees the world through a commitment to some kind of faith. Reimagining Faith and Management addresses this issue and extends the research on the impact of faith in the various aspects of management, such as negotiation, leadership, entrepreneurship, governance, innovation, ethics, finance and careers. Faith impacts how individuals and organisations envision, manage and respond to their various stakeholders, communities, the natural environment and the world around them. This book presents various facets of how faith, values and/or ideological outlook which informs, influences and adds mystery that inspires and impels individuals and organisations. The twenty-one chapters are based on academic research and offer practical managerial recommendations. The book is divided into three sections: Faithful futures impacting individuals; Faithful futures impacting organisations; and Faithful futures impacting society. Each chapter presents a theoretical base and includes practical implications. The book is therefore ideal reading for educators, researchers and students of business, management, career studies, faith-based organisations, corporate governance, and business ethics, as well as religious studies, including applied theology.
Reimagining Police: The Future of Public Safety
by Artika R. TynerLarge-scale protests, marches, and demonstrations in cities all over the globe have followed high-profile fatal encounters involving law enforcement and people of color. Citizens have taken to the streets and demanded answers to the chronic problems of police violence and lack of accountability, particularly at the intersection of law enforcement and race in the United States. Many have demanded reform, defunding, and even the outright abolishment of police departments. How did we get here? And what does the future of public safety look like? US police forces took shape in colonial times when private groups sought to suppress Indigenous peoples, enforce slavery, and preserve the economic interests of the ruling class. Law enforcement and the societies it serves have evolved since, but the dark roots of policing have endured, resulting in centuries of historical pain and trauma in Black and other communities of color. In Reimagining Police, Dr. Artika R. Tyner explores this troubled past and present, as well as the underlying problems of a flawed criminal justice system and unjust social structures. By examining various alternative policing models—and addressing systemic societal issues such as breaking the poverty cycle, instituting restorative justice, and investing in education and community resources—Tyner debunks the misconception that calls for change are anti-police, while offering hope for a more harmonious future between law enforcement and the people it swears to protect and serve. Tyner encourages readers to get involved in this difficult conversation and to feel empowered to lead social change that helps build safe and strong communities.
Reimagining the American Union: The Case for Abolishing State Government
by Stephen H. LegomskyReimagining the American Union challenges readers to imagine an America without state government. No longer a union of arbitrarily constructed states, the country would become a union of its people. The first book ever to argue for abolishing state government in the US, it exposes state government as the root cause of the gravest threats to American democracy. Some of those threats are baked into the Constitution; others are the product of state legislatures abusing their already-constitutionally-outsized powers through gerrymanders, voter suppression schemes, and other less-publicized manipulations that all too often purposefully target African-American and other minority voters. Reimagining the American Union goes on to demonstrate how having three levels of legislative bodies (national, state, and local) – and three levels of taxation, bureaucracy, and regulation – wastes taxpayer money and pointlessly burdens the citizenry. Two levels of government – national and local – would do just fine. After debunking the offsetting benefits typically claimed for state government, the book concludes with a portrait of what a new, unitary American republic might look like.
Reimagining the Court of Protection: Access to Justice in Mental Capacity Law (Cambridge Bioethics and Law)
by Jaime LindseyAs one of the first researchers authorised to observe hearings and access court files at the Court of Protection, Jaime Lindsey offers an original account and analysis of the workings of this court. Using data collected with the approval from the senior judiciary of the Court of Protection and the Ministry of Justice, this innovative book combines empirical data with theoretical and normative analysis. It takes a socio-legal approach to understanding how the Mental Capacity Act operates in practice to achieve access to justice and situates current debates within an international context, showing how other jurisdictions have been guided by the United Nations Convention on the Rights of Persons with Disabilities. Furthering scholarship across several fields including access to justice, healthcare law and procedural justice theory, this is a timely and pioneering book that argues for a reimagining of the Court of Protection.
Reimagining the International Legal Order (Law, Ethics and Governance)
by Vesselin Popovski and Ankit MalhotraInternational law is usually conservative, with lawyers and judges emphasizing consistency, stability and predictability as the major advantages of the law. Legal scholars often prefer not to challenge the status quo, to suggest amendments, or to reform institutions, advocating simply to focus on the implementation of the laws that already exist. This collection stands different. It shares the authors’ discomfort with the present legal order and some of its institutions and courts, and dives into either a corrective or a profound reimagination of these, so that they can better address rising global challenges. Leading experts in their areas present their new and cutting-edge perspectives. Divided into six parts, the volume paints a vast yet solid thematic landscape of unique and critical approaches. The book invites and allows for a deep engagement with a wide range of opinions from across the world. It enables a free and courageous reimagining of the international legal order, detached from the endless feasibility skepticism. The work will be fascinating reading for students, academics and researchers working in the areas of International Law and International Relations.
Reimagining the National Security State: Liberalism on the Brink
by Karen J. GreenbergReimagining the National Security State provides the first comprehensive picture of the toll that US government policies took on civil liberties, human rights, and the rule of law in the name of the war on terror. Looking through the lenses of theory, history, law, and policy, the essays in this volume illuminate the ways in which liberal democracy suffered at the hands of policymakers in the name of national security. The contributors, who are leading experts and practitioners in fields ranging from political theory to evolutionary biology, discuss the vast expansion of executive powers, the excessive reliance secrecy, and the exploration of questionable legal territory in matters of detention, criminal justice, targeted killings, and warfare. This book gives the reader an eye-opening window onto the historical precedents and lasting impact the security state has had on civil liberties, human rights and, the rule of law in the name of the war on terror.
Reimagining the State: Theoretical Challenges and Transformative Possibilities (Social Justice)
by Janet Newman Davina Cooper Nikita DhawanThis book examines what value, if any, the state has for the pursuit of progressive politics; and how it might need to be reimagined and remade to deliver transformative change. Is it possible to reimagine the state in ways that open up projects of political transformation? This interdisciplinary collection provides alternative perspectives to the ‘antistatism’ of much critical writing and contemporary political movement activism. Contributors explore ways of reimagining the state that attend critically to the capitalist, neoliberal, gendered and racist conditions of contemporary polities, yet seek to hold onto the state in the process. Drawing on postcolonial, poststructuralist, feminist, queer, Marxist and anarchist thinking, they consider how states might be reread and reclaimed for radical politics. At the heart of this book is state plasticity – the capacity of the state conceptually and materially to take different forms. This plasticity is central to transformational thinking and practice, and to the conditions and labour that allow it to take place. But what can reimagining do; and what difficulties does it confront? This book will appeal to academics and research students concerned with critical and transformative approaches to state theory, particularly in governance studies, politics and political theory, socio-legal studies, international relations, geography, gender/sexuality, cultural studies and anthropology.
Reinforcing Rule of Law Oversight in the European Union
by Carlos Closa Dimitry KochenovThis book provides the definitive reference point on all the issues pertaining to dealing with the 'crisis of the rule of law' in the European Union. Both Member State and EU levels are considered. Particular attention is paid to the analysis of the concrete legal bases and instruments that the EU may avail itself of for enforcing rule of law, and the volume clearly demonstrates that a number of legally sound ways of rule of law oversight are available. Contributors are leading scholars who assess the potential role to be played by the various bodies in the context of dealing with the EU's rule of law imperfections.
Reinsurance: London Market Practice
by Carol BolandThis is a useful handbook for anyone involved in the current London Market. It leads the insurance professional through all aspects of reinsurance practice from the development of reinsurance to the methods used including: risk placement, legal contracts, policy wordings, accounting, claims and run-off. It uses charts, forms and diagrams to show many aspects of reinsurance practice. Full appendices are included giving examples of slips, cover wordings and key clauses.
Reinsurance and the Law of Aggregation: Event, Occurrence, Cause (Contemporary Commercial Law)
by Oliver D. WilliamIn excess of loss reinsurance, the reinsurer covers the amount of a loss exceeding the policy’s deductible but not piercing its cover limit. Accordingly, a policy’s quantitative scope of cover is significantly affected by the parties’ agreement of a deductible and a cover limit. Yet, the examination of whether a loss has exceeded deductible or cover limit necessitates an educated understanding of what constitutes one loss. In so-called aggregation clauses, the parties to (re-)insurance contracts regularly provide that multiple individual losses are to be added together for presenting one loss to the reinsurer when they arise from the same event, occurrence, catastrophe, cause or accident. Aggregation mechanisms are one of the core instruments for structuring reinsurance contracts. This book systematically examines each element of an aggregation mechanism, tracing the inconsistent usage of aggregation language in the markets and scrutinizing the tests developed by courts and arbitral tribunals. In doing so, it seeks to support insurers, reinsurers, brokers and lawyers in drafting aggregation clauses and in settling claims. Focusing on an analysis of primary sources, particularly judicial decisions, the book interprets each judicial decision to describe a system of inter-related rules, collating, organising and describing the English law of aggregation as applied by the courts and arbitral tribunals. It further draws a comparison between the English position and the corresponding rules in the Principles of Reinsurance Contract Law (PRICL).
Reinsurance Arbitrations
by Kyriaki NoussiaFollowing events such as the 2008 credit crunch and financial crisis, many sectors of the economy suffered; nevertheless, reinsurance managed to maintain its strong position in the market industry and the global economic arena. Arbitration has traditionally been used in reinsurance, due in no small part to its effective, time- and cost-efficient nature. Hence, reinsurance contracts often include arbitration clauses requiring that any and all disputes arising under the contract be resolved by arbitration. The current work provides an in-depth treatment of reinsurance arbitrations and the various issues they entail in the most representative jurisdictions for such arbitrations. It also aims to pave the way for future directions of arbitration in the context of reinsurance. Any participant in the reinsurance market arena looking for a roadmap to the fascinating legal environment in which reinsurance arbitrations operate would be well advised to have this book on hand.
Reinsuring Clauses (Lloyd's Insurance Law Library)
by Ozlem GursesThis book provides a comparative English/US law study of the operation of facultative reinsurance contracts. Most of the reinsurance litigation in England and the US has involved this type of contract, and there are regular arbitrations and judicial proceedings in the leading common law jurisdictions to which this book will be relevant. The book is concerned with: • The legal nature of reinsurance agreements • The means whereby terms of reinsurance policies can be derived or incorporated from underlying insurances • The effect on reinsurance of judgments, awards and settlements against the reinsured • The operation of claims provisions
Reintegration Strategies
by Katie KuschminderThis book critically examines and theorizes the process of how return migrants reintegrate into their countries of origin. The result is a new methodology for understanding the experiences of return migrants, or their 'reintegration strategies'. This approach demonstrates that reintegration strategies differ by type of return migrant, leading to variations in how far they are able to contribute to the development of their nation states. The author uses female return migration to Ethiopia as a case study, focusing on the impact of gender on reintegration strategies to analyse the connection between return migration and social change. This book will appeal to scholars of migration and refugee studies, as well as a wider audience of sociologists, anthropologists, demographers and policy makers.
Reinterpreting Criminal Complicity and Inchoate Participation Offences
by Dennis J. BakerIn Reinterpreting Criminal Complicity and Inchoate Participation Offences, Dennis J. Baker argues that the mental element in complicity is one of intention, that recklessness alone is not sufficient. This is demonstrated by showing that the ancient and modern authorities on complicity required intention. The book argues the ‘causal participation’ element in complicity means that the conduct element can only be established when there is intentional encouragement on the part of the accessory. As the Accessories and Abettors Act 1861, like most of the statutory provisions found in the United States, deems that both perpetrator and accessory are perpetrators for the purpose of punishment and crime labelling, limiting the mental element in complicity to intentional participation is, the author argues, the only way to reconcile these provisions with the requirements of proportionate punishment and fair labelling. As some forms of reckless encouragement and assistance will not be criminalised if the mental element in complicity is intention only, the author suggests that the solution is to amend section 45 of the Serious Crime Act 2007 to criminalise reckless participation. In addition, the author argues that standard complicity and joint enterprise complicity have the same mental and conduct elements and thus joint enterprise complicity is not a distinct form of complicity.
Reinventing Bankruptcy Law: A History of the Companies’ Creditors Arrangement Act (G - Reference,information And Interdisciplinary Subjects Ser.)
by Virginia TorrieReinventing Bankruptcy Law explodes conventional wisdom about the history of the Companies’ Creditors Arrangement Act and in its place offers the first historical account of Canada’s premier corporate restructuring statute. The book adopts a novel research approach that combines legal history, socio-legal theory, ideas from political science, and doctrinal legal analysis. Meticulously researched and multi-disciplinary, Reinventing Bankruptcy Law provides a comprehensive and concise history of CCAA law over the course of the twentieth century, framing developments within broader changes in Canadian institutions including federalism, judicial review, and statutory interpretation. Examining the influence of private parties and commercial practices on lawmaking, Virginia Torrie argues that CCAA law was shaped by the commercial needs of powerful creditors to restructure corporate borrowers, providing a compelling thesis about the dynamics of legal change in the context of corporate restructuring. Torrie exposes the errors in recent case law to devastating effect and argues that courts and the legislature have switched roles – leading to the conclusion that contemporary CCAA courts function like a modern day Court of Chancery. This book is essential reading for the Canadian insolvency community as well as those interested in Canadian institutions, legal history, and the dynamics of change.
Reinventing Britain: Constitutional Change Under New Labour
by Andrew McdonaldContrary to popular myth, Britain does have a constitution, one that is uncodified and commanded little political interest for most of the twentieth century. In the late 1990s, Tony Blair's New Labour Government launched a program of reform that was striking in its ambition. Reinventing Britain tells the story of Britain's constitutional reform and weighs its long-term significance, with essays both by officials who worked on the reforms and by other leading commentators and academics from Britain and North America. Contributors:Mark Bevir, Jack Citrin, Joseph Fletcher, Robert Hazell, Ailsa Henderson, Kate Malleson, Craig Parsons, Kenneth MacKenzie, Peter Riddell.