The Successes and Failures of Whistleblower Laws
The Successes and Failures of Whistleblower Laws

Author: Robert G. Vaughn

Publisher: Edward Elgar Publishing

Published: 2012-01-01

Total Pages: 369

ISBN-13: 1849808384

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"A new roadmap for understanding the diverse perspectives and disparate bodies of law involved in any legal regime aimed at encouraging people in organisations to speak up about wrongdoing, making it possible for them to do so, and supporting and protecting them when they do. More than just a rich and readable history of whistleblowing laws, in the USA and around the world. Steeped in Robert Vaughn's personal experience as a lawyer and researcher over a 40 year period, this book stands to help solve some of the greatest conundrums in this vital area of legal regulation - one of the most complex in modern society, but one of the most crucial to integrity, accountability and organisational justice in all institutions. Compulsory reading for all policymakers, regulators, corporate leaders, researchers and activists engaged in improvement and implementation of public interest whistleblowing laws." - A.J. Brown, Griffith University and Transparency International Australia "Unlike other books on whistleblowing that simply describe and analyze whistleblowing laws, Robert Vaughn's new book provides an in-depth and unique historical account of the roots of the whistleblowing movement in such disparate events as the Mai Lai massacre, the civil rights movement, and the experiments of Stanley Milgrim. As important, he then uses that history to illuminate the competing perspectives and pressures that influenced the passage and interpretation of modern whistleblower laws. Vaughn provides a first-rate account of the varied and complex reasons for the successes and failures of these laws during the last forty years." - Richard Moberly, University of Nebraska College of Law, US Drawing on literature from several disciplines, this enlightening book examines the history of whistleblower laws throughout the world and provides an analytical structure for the most common debates about the nature of such laws and their potential successes and failures. The author explores the relationship between the actions of whistleblowers and the character of laws protecting them, as well as their administration and enforcement. The book considers the role of civil society groups in the successes of whistleblower laws and how current controversies reflect issues attached to these laws over half a century. This study contains perspectives from which successes and failures can be evaluated and will appeal to policy makers, scholars, whistleblower advocacy and other civil society groups, as well as anyone with a general interest in the subject.

Failing Law Schools
Failing Law Schools

Author: Brian Z. Tamanaha

Publisher: University of Chicago Press

Published: 2012-06-18

Total Pages: 253

ISBN-13: 0226923622

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“An essential title for anyone thinking of law school or concerned with America's dysfunctional legal system.” —Library Journal On the surface, law schools today are thriving. Enrollments are on the rise and law professors are among the highest paid. Yet behind the flourishing facade, law schools are failing abjectly. Recent front-page stories have detailed widespread dubious practices, including false reporting of LSAT and GPA scores, misleading placement reports, and the fundamental failure to prepare graduates to enter the profession. Addressing all these problems and more is renowned legal scholar Brian Z. Tamanaha. Piece by piece, Tamanaha lays out the how and why of the crisis and the likely consequences if the current trend continues. The out-of-pocket cost of obtaining a law degree at many schools now approaches $200,000. The average law school graduate’s debt is around $100,000—the highest it has ever been—while the legal job market is the worst in decades. Growing concern with the crisis in legal education has led to high-profile coverage in the Wall Street Journal and the New York Times, and many observers expect it soon will be the focus of congressional scrutiny. Bringing to the table his years of experience from within the legal academy, Tamanaha provides the perfect resource for assessing what’s wrong with law schools and figuring out how to fix them. “Failing Law Schools presents a comprehensive case for the negative side of the legal education debate and I am sure that many legal academics and every law school dean will be talking about it.” —Stanley Fish, Florida International University College of Law

The Law of Failure
The Law of Failure

Author: Stephen J. Lubben

Publisher: Cambridge University Press

Published: 2018-08-16

Total Pages: 195

ISBN-13: 1107190290

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This is a conversational text that provides a comprehensive view of the law of American business failure.

The Failure of Corporate Law
The Failure of Corporate Law

Author: Kent Greenfield

Publisher: ReadHowYouWant.com

Published: 2010-10-21

Total Pages: 562

ISBN-13: 1459606167

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When used in conjunction with corporations, the term public is misleading. Anyone can purchase shares of stock, but public corporations themselves are uninhibited by a sense of societal obligation or strict public oversight. In fact, managers of most large firms are prohibited by law from taking into account the interests of the public in de...

When Law Fails
When Law Fails

Author: Charles J. Ogletree, Jr.

Publisher: NYU Press

Published: 2009-01-01

Total Pages: 361

ISBN-13: 0814762255

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Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system. The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion. When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in the law’s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system. Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.

State Legitimacy and Failure in International Law
State Legitimacy and Failure in International Law

Author: Mario Silva

Publisher: Martinus Nijhoff Publishers

Published: 2014-02-06

Total Pages: 279

ISBN-13: 9004268847

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Failing states share characteristics of inadequate structural competency, including, inter alia, the inability to advance human welfare and security. Economic inequalities and corruption are present, as well as a loss of legitimacy and reduced social cohesion. Failure of rule of law is manifested in areas of judicial adjudication, security, reduced territorial control and systemic political instability. The international community often confronts these challenges in a manner that actually complicates issues further through lack of consensus among state actors. Consequently, a new and emerging concept of sovereignty requires review in terms of the postmodern state. Through scholarly consideration, State Legitimacy and Failure in International Law evaluates gaps in structural competency that precipitate state failure and examines the resulting consequences for the world community

Sex Offender Laws
Sex Offender Laws

Author: Richard Wright

Publisher: Springer Publishing Company

Published: 2009-03-16

Total Pages: 406

ISBN-13: 0826111106

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"This volume of readings provides an excellent source of information about sex offender laws and policies."--International Journal of Offender Therapy and Comparative Criminology "Sex Offender Laws...is a good source for balanced, objective, and thorough critique of our current sex offender policies as well as a source for accurate information about a very heterogeneous population...The message that sexual abuse is often a multifaceted and complex issue and that policy based on quick fixes or knee jerk reactions do not often work will be informative and enlightening to many readers." --Sex Roles "[T]his fine book by Richard Wright and his distinguished collaborators provides the evidence that wise policy-makers would want to consider. It covers every major field of research concerning sex offenders and sexual offenses and provides evidence of bad practices and policiesÖ.Intellectually honest politicians should read this book." --Michael Tonry, LL.B, Professor of Law and Public Policy University of Minnesota Law School (From the Foreword) In response to many high-profile cases of sexual assault, federal and state governments have placed a number of unique criminal sanctions on sex offenders. These include residency restrictions, exclusionary zones, electronic monitoring, and chemical castration. However, the majority of sex offender policies are not based on empirical evidence, nor have they demonstrated any significant reductions in offender recidivism. In fact, some of these policies have unintended consequences, which actually increase the likelihood of sexual offenses. In this book, Wright critically analyzes existing policies, and assesses the most effective approaches in preventing sex offender recidivism. This provocative and timely book draws from the fields of criminal justice, law, forensic psychology, and social work to examine how current laws and policies are enacted and what to-date is known about their efficacy. The team of expert contributors includes Karen Terry, author of Sexual Offenses and Offenders, and others who bring a wealth of insight to the field of sex offense. In response to the failed policies of sex offender laws, this book presents alternative models and approaches to sex offense laws and policies. Wright also explores critical, cutting-edge topics, such as internet sexual solicitation, the death penalty, and community responses to sex offense. Key Features: An introduction and overview of the history of sex offender laws Analyzes the role of the media in sex offense and sex offender policies Examines the political "untouchability" of sex offender laws and their adverse effects Features interviews with victims of sexual assault, investigating their points of views on what kinds of reforms need to be made to sex offender laws Thought-provoking and insightful, Sex Offender Laws serves as a vital resource for policy makers, researchers, and students of criminal justice, law, and social work.

Sex Offender Laws, Second Edition
Sex Offender Laws, Second Edition

Author: Richard Wright

Publisher: Springer Publishing Company

Published: 2014-07-17

Total Pages: 406

ISBN-13: 0826196721

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Praise for the First Edition: "Sex Offender Laws . . . is a good source for [a] balanced, objective, and thorough critique of our current sex offender policies as well as a source for accurate information about a very heterogeneous population. . . . The message that sexual abuse is often a multifaceted and complex issue and that policy based on quick fixes or knee jerk reactions does not often work will be informative and enlightening to many readers." óSex Roles "[T]his fine book by Richard Wright and his distinguished collaborators provides the evidence that wise policy makers would want to consider. It covers every major field of research concerning sex offenders and sexual offenses and provides evidence of bad practices and policies. Intellectually honest politicians should read this book." óMichael Tonry, LLB, Professor of Law and Public Policy, University of Minnesota Law School (from the Foreword) The most comprehensive book available about sex offender policies and their efficacy, Sex Offender Laws has been widely embraced as a text for courses in criminal justice, social work, and psychology. Now updated to keep pace with rapidly changing laws and policies, this second edition features an increased emphasis on policy and program alternatives. It incorporates new content on high-profile issues affecting adolescent sex offenders, critical analyses of the results of recent studies on sex offender policies, effective approaches in preventing recidivism, and cutting-edge research in the fields of criminal justice, law, forensic psychology, and social work. The second edition continues to document and assess the full gamut of laws designed to respond to and prevent sexual violence. The majority of sex offender policiesóoften developed as "quick fixes" in response to high-profile casesóare not based on empirical evidence, nor have they demonstrated any significant reduction in offender recidivism. This new edition showcases alternative models that offer innovative and victim-centered approaches to combating sexual violence. Expert authors explore critical, controversial topics such as sexting, Internet sexual solicitation, the death penalty, mandatory sentencing, statutory rape, age of consent laws, and community responses. The book examines the political "untouchability" of sex offender laws and their adverse effects; despite their popularity, sex offender laws have largely failed to keep people safe and actually promote an inaccurate sense of vulnerability. The text also analyzes the role of the media and presents a new chapter on Sexual Assault Nurse Examiner programs. Expert contributors include Karen Terry, author of Sexual Offenses and Offenders, and others who bring a wealth of insight to the field of sex offense. New to the Second Edition: Emphasizes policy and program alternatives to currently ineffective policies Provides new content on the criminalization of adolescent sexuality Analyzes the role of the media in sex offense and sex offense policies Critically discusses state implementation of the 2006 Adam Walsh Act Introduces new policy alternatives including environmental criminology and its use toward sexual violence prevention and the increasing use of civil litigation in sexual assault cases Examines the political "untouchability" of sex offender laws and their adverse affects and unintended consequences

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Failure to Flourish
Failure to Flourish

Author: Clare Huntington

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 354

ISBN-13: 0195385764

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This title argues that the legal regulation of families stands fundamentally at odds with the needs of families. Strong, stable, positive relationships are essential for both individuals and society to flourish, but the law makes it harder for parents to provide children with these kinds of relationships. Zoning laws can create long commutes and impersonal neighbourhoods. Criminal laws can take parents away from home. The book contends that we must re-orient the legal system to help families avoid crises, and when conflicts arise, intervene in a manner that heals relationships.