Lawfare and the Ovaherero and Nama Pursuit of Restorative Justice, 1918–2018
Lawfare and the Ovaherero and Nama Pursuit of Restorative Justice, 1918–2018

Author: Marouf A. Hasian

Publisher: Rowman & Littlefield

Published: 2019-10-04

Total Pages: 317

ISBN-13: 1683931890

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This book provides readers with a critical analysis of the restorative justice efforts of the Ovaherero and Nama communities in Namibia, who contend that they should receive reparations for what happened to their ancestors during, and after the 1904–1908 German-Ovaherero/Nama war. Arguing that indigenous communities who once lived in a German colony called “German South West Africa” suffered from a genocide that could be compared to the World War II Holocaust Namibian activists sued Germany and German corporations in U.S. federal courts for reparations. The author of this book uses a critical genealogical approach to all of this “lawfare” (the politicizing of the law) in order to illustrate some of the historical origins of this quest for social justice. Portions of the book also explain some of the historical and contemporary realpolitik barriers that stood in the way of Ovaherero and Nama activists who were asking for acknowledgments of the “Namibian genocide,” apologies from German officials, repatriation of human remains from colonial times as well as restitution that might help with land redistribution in today’s Namibia. This book shows many of the difficulties that confront those indigenous communities who ask twenty-first century audiences to pay restitution for large-scale colonial massacres or imperial genocides that might have taken place more than a hundred years ago.

The Ian Willock Collection on Law and Justice in the Twenty-First Century
The Ian Willock Collection on Law and Justice in the Twenty-First Century

Author: Eamon P. H. Keane

Publisher: Rowman & Littlefield

Published: 2023-08-15

Total Pages: 333

ISBN-13: 1683932528

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The essays presented in The Ian Willock Collection on Law and Justice in the Twenty-First Century by those who knew Ian Willock, as well as those who have been inspired by his concerns, represent the wide compass of Ian’s interests. These range from a concern with the development of legal regulation to the relationship between social change and the justice system, as well as his particular interest in the accessibility of the justice system. This tribute provides a microcosm of the changes and shifts which occurred in legal education and the legal profession in the years between 1964 and the current century. The profound impact of Ian Willock’s life work is evident through the wide-ranging essays in this collection.

Vigilante Justice in Society and Popular Culture
Vigilante Justice in Society and Popular Culture

Author: Peter Robson

Publisher: Rowman & Littlefield

Published: 2022-10-27

Total Pages: 359

ISBN-13: 1683933559

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This unique collection explores the complex issue of vigilantism, how it is represented in popular culture, and what is its impact on behavior and the implications for the rule of law. The book is a transnational investigation across a range of eleven different jurisdictions, including accounts of the Anglophone world (Australia, Britain, Canada, and the United States), European experiences (Germany, Greece, Italy, Poland, and Portugal), and South American jurisdictions (Argentina and Brazil). The essays, written by prominent international scholars in law, sociology, criminology, and media studies, present data, historical and recent examples of vigilantism; examine the national Laws and jurisprudence; and focus on the broad theme of vigilante justice in popular culture (literature, films, television). Vigilante Justice in Society and Popular Culture sheds light on this topic offering a detailed look beyond the Anglophone world. This collection will enrich the debate by adding the opportunity for comparison which has been largely lacking in scholarly debate. As such, it will appeal not only to scholars of law, sociology, criminology, and media studies, but also to all those who are engaged with these topics alike.

The Legal Exhibitionist
The Legal Exhibitionist

Author: Joel Silverman

Publisher: Rowman & Littlefield

Published: 2022-04-27

Total Pages: 217

ISBN-13: 1683933362

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Born to a Jewish immigrant shopkeeper in a small Alabama town, Morris Ernst used aggressive self-promotion and exaggeration—what he called “exhibitionism”—to transcend his insecurities and his part-time legal training to become one of America’s most famous lawyers. During the first half of the twentieth century, Ernst championed free speech, sexual education, birth control, and reproductive health, and his landmark defense of James Joyce’s Ulysses in 1933 cemented Ernst’s reputation as the top progressive attorney of the era. To promote himself, Ernst befriended newspaper writers, authors, actors, politicians, and practically anyone whose work carried some weight in popular culture. But his hunger for respect and recognition, together with his need for excitement, led Ernst to lavish praise on J. Edgar Hoover and to publicly defend—and profit from—a Dominican dictator. In the process, Ernst undermined his own credibility and largely fell out of favor with the public. By examining key moments of his life and career, The Legal Exhibitionist: Morris Ernst, Jewish Identity, and the Modern Celebrity Lawyer describes how Ernst’s exhibitionism led to his rise and fall and suggests how his strategy of exaggeration anticipated the emergence of today’s celebrity lawyers.

Gender Justice and the Law
Gender Justice and the Law

Author: Elaine Wood

Publisher: Rowman & Littlefield

Published: 2020-11-16

Total Pages: 310

ISBN-13: 1683932404

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Gender Justice and the Law presents a collection of essays that examines how gender, as a category of identity, must continually be understood in relation to how structures of inequality define and shape its meaning. It asks how notions of “justice” shape gender identity and whether the legal justice system itself privileges notions of gender or is itself gendered. Shaped by politics and policy, Gender Justice essays contribute to understanding how theoretical practices of intersectionality relate to structures of inequality and relations formed as a result of their interaction. Given its theme, the collection’s essays examine theoretical practices of intersectional identity at the nexus of “gender and justice” that might also relate to issues of sexuality, race, class, age, and ability.

Malevolent Legalities
Malevolent Legalities

Author: Kevin S. Jobe

Publisher: Rowman & Littlefield

Published: 2024-10-29

Total Pages: 273

ISBN-13: 1683934032

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Malevolent Legalities draws upon archival research conducted at the Scalia Papers at the Harvard Law School Historical and Special Collections to examine the influence of Justice Antonin Scalia’s judicial philosophy of “textualist-originalism” on the US Supreme Court’s antidiscrimination jurisprudence. The book focuses on six US Supreme Court cases, organized into two parts. The main argument of the book, grounded in archival and legal materials, is that textualist-originalism makes it lawful for discrimination to be performed through the text, and explicitly seeks to prevent progress by enacting a regime of “static law.” In Shelby County v. Holder (2013), Justice Ginsburg remarked that discrimination today behaves like the Hydra, the many-headed serpent in Ancient Greek mythology which regenerates each time its head is severed. The analysis of archival and legal materials is therefore prefaced by the development of a unique methodology for studying discrimination called discriminatology, understood as a framework for analyzing how discrimination persists through time, is performed through the text, and is a product of the manipulation of legal speech. In this way, Malevolent Legalities approaches the study of textualist-originalism as itself a vehicle for discrimination performed mala fide or “in bad faith.”

Victims
Victims

Author: Svenja Goltermann

Publisher: Oxford University Press

Published: 2024-01-19

Total Pages: 225

ISBN-13: 0192897721

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Classifying people as 'victims' is a historical phenomenon with remarkable growth since the second half of the 20th century. The term victim is widely used to refer both to those who have died in wars and to people who have experienced some form of physical or psychological violence. Moreover, victimhood has become a shorthand for any injustice suffered. This can be seen in many contexts: in debates on social justice, when claims for compensation are made, human rights are defended, past crimes are publicly commemorated, or humanitarian intervention is called for. By adopting a history of knowledge approach, Victims takes a fresh look at the phenomenon of classifying people as victims. It goes beyond existing narratives to provide a new and comprehensive explanation of the complex genealogy of modern concepts of victimhood. In order to reveal the fundamental shifts in perceptions and interpretations of harm, this book reconstructs the emergence of the figure of the victim from the late 18th century to the present. Focusing on Western Europe, it shows that neither the World Wars nor the Holocaust were the only reasons for this shift. Instead, changing power relations and new knowledge, especially in medicine and law, fundamentally altered perceptions and interpretations of death and suffering, of legitimate and illegitimate violence. Today, the debate takes another turn with the widespread criticism of victim attribution and the increasing delegitimisation of the term. Svenja Goltermann tells this story with brilliant clarity - without subscribing to the new denigration of the victim.

David Fincher's Zodiac
David Fincher's Zodiac

Author: Matthew Sorrento

Publisher: Rowman & Littlefield

Published: 2022-02-01

Total Pages: 275

ISBN-13: 1683933273

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David Fincher’s Zodiac (2007), written by producer James Vanderbilt and adapted from the true crime works of Robert Graysmith, remains one of the most respected films of the early twenty-first century. As the second film featuring a serial killer (and the first based on fact) by Fincher, Zodiac remains a standout in a varied but stylistically unified career. While connected to this genre, the film also hybridizes the policier genre and the investigative reporter film. And yet, scholarship has largely ignored the film. This collection is the first book-length work of criticism dedicated to the film. Section One focuses on early influences, while the second section analyzes the film’s unique treatment of narrative. The book closes with a section focusing on game theory, data and hegemony, the Zodiac’s treatment in music, and the use of sound in cinema. By offering new avenues and continuing a few established ones, this book will interest scholars of cinema and true crime along with fans and enthusiasts in these areas.

Equity, Equality, and Empathy
Equity, Equality, and Empathy

Author: Richard D. Sorenson

Publisher: Rowman & Littlefield

Published: 2022-09-14

Total Pages: 147

ISBN-13: 1475866089

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Equity, Equality, and Empathy: What Principals Can Do for the Well-Being of the Learning Community presents seven principal actions detailing how to develop a successful well-being program. Moreover, leadership processes are advanced to aid principals in embracing, encouraging, and amplifying equity, equality, and empathy, as well as social and emotional learning. This book is written to guide principals in understanding that far too many social injustices plague not only the nation but school systems as well. Revealed are TOP-10 Steps to Quality Leadership effective in guiding campus leaders when working with others in overcoming biases, prejudices, and discriminatory actions and practices. Additionally, fourteen school-oriented processes to eradicating racism in schools are identified and addressed. Equity, Equality, and Empathy promotes seven elements of empathy and how they are critical tools for effective school leadership. Seven habits of highly empathetic principals are explored along with five-steps to a principal establishing and maintaining a learning community culture of empathy. Finally, this book provides school leaders with a critical skills inventory which investigates how principals personally react to social and emotional learning, organizational well-being, and empathy, equity, and equality leadership.

No Place for Ethics
No Place for Ethics

Author: T. Patrick Hill

Publisher: Rowman & Littlefield

Published: 2021-10-01

Total Pages: 241

ISBN-13: 1683933249

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In No Place for Ethics, Hill argues that contemporary judicial review by the U.S. Supreme Court rests on its mistaken positivist understanding of law—law simply because so ordered—as something separate from ethics. Further, to assert any relation between the two is to contaminate both, either by turning law into an arm of ethics, or by making ethics an expression of law. This legal positivism was on full display recently when the Supreme Court declared that the CDC was acting unlawfully by extending the eviction moratorium to contain the spread of the Covid-19 Delta variant, something that, the Court admitted, was of indisputable benefit to the public. How mistaken however to think that acting for the good of the public is to act unlawfully when actually it is to act ethically and must therefore be lawful. To address this mistake, Hill contends that an understanding of natural law theory provides the basis for a constitutive relation between ethics and law without confusing their distinct role in answering the basic question, how should I behave in society? To secure that relation, the Court has an overriding responsibility when carrying out its review to do so with reference to normative ethics from which the U.S. Constitution is derived and to which it is accountable. While the Constitution confirms, for example, the liberty interests of individuals, it does not originate those interests which have their origin in human rights that long preceded it. Essential to this argument is an appreciation of ethics as objective and based on principles, like those of justice, truth, and reason that ought to inform human behavior at its very springs. Applied in an analysis of five major Supreme Court cases, this appreciation of ethics reveals how wrongly decided these cases are.