Search Results: rape-and-the-culture-of-the-courtroom-critical-america

Rape and the Culture of the Courtroom

Author: Andrew E. Taslitz

Publisher: NYU Press

ISBN: 9780814782293

Category: Law

Page: 210

View: 1425

Rape law reform has been a stunning failure. Defense lawyers persist in emphasizing victims' characters over defendants' behavior. Reform's goals of increasing rape report and conviction rates have generally not been achieved. In Rape and the Culture of the Courtroom, Andrew Taslitz locates the cause of rape reform failure in the language lawyers use, and the cultural stories upon which they draw to dominate rape victims in the courtroom. Cultural stories about rape, Taslitz argues, such as the provocatively dressed woman "asking for it," are at the root of many unconscious prejudices that determine jury views. He connects these stories with real-life examples, such as the Mike Tyson and Glen Ridge rape trials, to show how rape stereotypes are used by defense lawyers to gain acquittals for their clients. Building on Deborah Tannen's pathbreaking research on the differences between male and female speech, Taslitz also demonstrates how word choice, tone, and other lawyers' linguistic tactics work to undermine the confidence and the credibility of the victim, weakening her voice during the trial. Taslitz provides politically realistic reform proposals, consistent with feminist theories of justice, which promise to improve both the adversary system in general and the way that the system handles rape cases.

Lawyers' Ethics and the Pursuit of Social Justice

A Critical Reader

Author: Susan D. Carle

Publisher: NYU Press

ISBN: 9780814716397

Category: Law

Page: 425

View: 9845

Susan D. Carle centers this collection of texts on the premise that legal ethics should be far more than a set of rules on professional responsibility.

Du wolltest es doch

Author: Louise O'Neill

Publisher: Carlsen

ISBN: 3646920173

Category: Juvenile Fiction

Page: 368

View: 7035

Nein, richtig sympathisch ist Emma nicht. Sie steht gern im Mittelpunkt, die Jungs reißen sich um sie und Emma genießt es. Bis sie nach einer Party zerschlagen und mit zerrissenem Kleid vor ihrem Haus aufwacht. Klar, sie ist auf der Party mit Paul ins Schlafzimmer gegangen. Hat Pillen eingeworfen. Die anderen Jungs kamen hinterher. Aber dann? Sie erinnert sich nicht, aber die gesamte Schule weiß es. Sie haben die Fotos gesehen. Ist Emma wirklich selber schuld? Was hat sie erwartet – Emma, die Schlampe in dem ultrakurzen Kleid? Ein aufwühlendes, vielfach preisgekröntes Buch.

A History of Evil in Popular Culture: What Hannibal Lecter, Stephen King, and Vampires Reveal About America [2 volumes]

What Hannibal Lecter, Stephen King, and Vampires Reveal about America

Author: Sharon Packer MD,Jody Pennington

Publisher: ABC-CLIO

ISBN: 0313397716

Category: Social Science

Page: 825

View: 1502

Evil isn't simply an abstract theological or philosophical talking point. In our society, the idea of evil feeds entertainment, manifests in all sorts of media, and is a root concept in our collective psyche. This accessible and appealing book examines what evil means to us. • Includes the insights of scholars from widely different academic fields to inspect evil from various points of view, giving readers a broader perspective on the topic • Compiles expert opinions from American, American expatriate, European, Asian, and Middle Eastern contributors • Covers the portrayal of evil in many different forms of media—film, television, music, art, video games, literature, poetry—as well as in politics, current events, and the legal arena

America's Colony

The Political and Cultural Conflict Between the United States and Puerto Rico

Author: Pedro A Malavet

Publisher: NYU Press

ISBN: 0814756808

Category: History

Page: 242

View: 2537

Everyone eats, but rarely do we ask why or investigate why we eat what we eat. Why do we love spices, sweets, coffee? How did rice become such a staple food throughout so much of eastern Asia? Everyone Eats examines the social and cultural reasons for our food choices and provides an explanation of the nutritional reasons for why humans eat, resulting in a unique cultural and biological approach to the topic. E. N. Anderson explains the economics of food in the globalization era, food's relationship to religion, medicine, and ethnicity as well as offers suggestions on how to end hunger, starvation, and malnutrition. Everyone Eats feeds our need to understand human ecology by explaining the ways that cultures and political systems structure the edible environment.

Saving Our Children from the First Amendment

Author: Kevin W. Saunders

Publisher: NYU Press

ISBN: 0814786936

Category: Law

Page: 307

View: 2115

The First Amendment is vital to our political system, our cultural institutions, and our routine social interactions with others. In this provocative book, Kevin Saunders asserts that freedom of expression can be very harmful to our children, making it more likely that they will be the perpetrators or victims of violence, will grow up as racists, or will use alcohol or tobacco. Saving Our Children from the First Amendment examines both the value and cost of free expression in America, demonstrating how an unregulated flow of information can be detrimental to youth. While the great value of the First Amendment is found in its protection of our most important political freedoms, this is far more significant for adults, who can fully grasp and benefit from the freedom of expression, than for children. Constitutional prohibitions on distributing sexual materials to children, Saunders proposes, should be expanded to include violent, vulgar, or profane materials, as well as music that contains hate speech. Saunders offers an insightful meditation on the problem of protecting our children from the negative effects of freedom of expression without curtailing First Amendment rights for adults.

Discrimination by Default

How Racism Becomes Routine

Author: Lu-in Wang

Publisher: NYU Press

ISBN: 0814795064

Category: Law

Page: 187

View: 8645

Much as we “select” computer settings by default—reflexively, without thinking, and sometimes without realizing there are other options—we often discriminate by default as well. And just as default computer settings tend to become locked in or entrenched as the standard, discrimination by default creates a situation in which disparate outcomes are expected, accepted, and taken for granted. The killing of Amadou Diallo, racial disparities in medical care, the dominance of Whites and men in certain professions, and even the uneven media attention paid to crimes depending on their victims’ race and class, all might be cases of discrimination by, or as, default. Wang contends that, today, most discrimination occurs by default and not design, making legal prohibitions that focus on those who discriminate out of ill will inadequate to redress the largest share of modern discrimination. She draws on social psychology to detail three ways in which unconscious assumptions can lead to discrimination, showing how they play out in a range of everyday settings. Wang then demonstrates how these dynamics interact in medical care to produce an invisible, self-fulfilling, and self-perpetuating prophecy of racial disparity. She goes on to suggest ways in which institutions and individuals might recognize, interrupt, and override the discriminatory default.

Victims in the War on Crime

The Use and Abuse of Victims' Rights

Author: Markus Dirk Dubber

Publisher: NYU Press

ISBN: 0814771416

Category: Law

Page: 399

View: 2500

Two phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has replaced rehabilitation as the dominant ideology of punishment, reflecting a shift from an identification with defendants to an identification with victims, the war on crime has victimized offenders and victims alike. What we need instead, Dubber argues, is a system which adequately recognizes both victims and defendants as persons. Victims in the War on Crime is the first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime. After first offering an original critique of the American penal system in the age of the crime war, Dubber undertakes an incisive comparative reading of American criminal law and the law of crime victim compensation, culminating in a wide-ranging revision that takes victims seriously, and offenders as well. Dubber here salvages the project of vindicating victims' rights for its own sake, rather than as a weapon in the war against criminals. Uncovering the legitimate core of the victims' rights movement from underneath existing layers of bellicose rhetoric, he demonstrates how victims' rights can help us build a system of American criminal justice after the frenzy of the war on crime has died down.

How the Left Can Win Arguments and Influence People

A Tactical Manual for Pragmatic Progressives

Author: John K. Wilson

Publisher: NYU Press

ISBN: 0814795145

Category: Political Science

Page: 288

View: 8173

If we were to rely on what the pundits and politicians tell us, we would have to conclude that America is a deeply conservative nation. Americans, we hear constantly, detest government, demand lower taxes and the end of welfare, and favor the death penalty, prayer in school, and an absolute faith in the free market. And yet Americans believe deeply in progressive ideas. In fact, progressivism has long been a powerful force in the American psyche. Consider that a mere generation ago the struggle for environmentally sound policies, for women's rights, and for racial equality were fringe movements. Today, open opposition to these core ideals would be political suicide. Drawing on this wellspring of American progressivist tradition, John K. Wilson has penned an informal handbook for the pragmatic progressive. Wilson insists that the left must become more savvy in its rhetoric and stop preaching only to the converted. Progressives need to attack the tangible realities of the corporate welfare state, while explicitly acknowledging that "socialism is," as Wilson writes, "deader than Lenin." Rather than attacking a "right-wing conspiracy," Wilson argues that the left needs one, too. Tracing how well-funded conservative pressure groups have wielded their influence and transformed the national agenda, Wilson outlines a similar approach for the left. Along the way, he exposes the faultlines of our poll- and money-driven form of politics, explodes the myth of "the liberal media," and demands that the left explicitly change its image. Irreverent, practical, and urgently argued, How The Left Can Win Arguments and Influence People charts a way to translate progressive ideals into reality and reassert the core principles of the American left on the national stage.

Why Lawsuits are Good for America

Disciplined Democracy, Big Business, and the Common Law

Author: Carl T. Bogus

Publisher: NYU Press

ISBN: 0814737943

Category: Law

Page: 265

View: 6291

Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald’s because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless. Carl T. Bogus is not so sure. In Why Lawsuits Are Good for America, Bogus argues that common law works far better than commonly understood. Indeed, Bogus contends that while the system can and occasionally does produce “wrong” results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and colorful case studies, Bogus explains why the common law, rather than being outdated, may be more necessary than ever. As Bogus sees it, the common law is an essential adjunct to governmental regulation—essential, in part, because it is not as easily manipulated by big business. Meanwhile, big business has launched an all out war on the common law. “Tort reform”—measures designed to make more difficult for individuals to sue corporations—one of the ten proposals in the Republican Contract With America, and George W. Bush’s first major initiative as Governor of Texas. And much of what we have come to believe about the system comes from a coordinated propaganda effort by big business and its allies. Bogus makes a compelling case for the necessity of safeguarding the system from current assaults. Why Lawsuits Are Good for America provides broad historical overviews of the development of American common law, torts, products liability, as well as fresh and provocative arguments about the role of the system of “disciplined democracy” in the twenty-first century.

Michigan Law Review

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 4732

Getting Over Equality

A Critical Diagnosis of Religious Freedom in America

Author: Steven D. Smith

Publisher: NYU Press

ISBN: 0814739946

Category: Law

Page: 225

View: 7020

Questions of religious freedom continue to excite passionate public debate. Proposals involving school prayer and the posting of the Ten Commandments in schools and courtrooms perennially spur controversy. But there is also a sense that the prevailing discourse is exhausted, that no one seems to know how to think about religious freedom in a way that moves beyond our stale, counterproductive thinking on this issue. In Getting over Equality, Steven D. Smith, one of the most important voices now writing about religious liberty, provocatively contends that we must get over our presumptionmistakenly believed to be rooted in the Constitutionthat all religions are equally true and virtuous and "authentically American." Smith puts forth an alternative view, that the courts should promote an ideal of tolerance rather than equality and neutrality. Examining such controversial examples as the animal sacrifice case, the peyote case, and the problem of aid to parochial schools, Smith delineates a way for us to tolerate and respect contrary creeds without sacrificing or diluting our own beliefsand without pretending to believe in a spurious "equality" among the variety of diverse faiths.

Law and Religion

A Critical Anthology

Author: Stephen M. Feldman

Publisher: NYU Press

ISBN: 9780814726785

Category: Law

Page: 483

View: 4624

Following landmark trade agreements between Japan and the United States in the 1850s, Tokyo began importing a unique American commodity: Western social activism. As Japan sought to secure its future as a commercial power and American women pursued avenues of political expression, Protestant church-women and, later, members of the Women's Christian Temperance Union (WCTU) traveled to the Asian coast to promote Christian teachings and women's social activism. Rumi Yasutake reveals in Transnational Women's Activism that the resulting American, Japanese, and first generation Japanese-American women's movements came to affect more than alcohol or even religion. While the WCTU employed the language of evangelism and Victorian family values, its members were tactfully expedient in accommodating their traditional causes to suffrage and other feminist goals, in addition to the various political currents flowing through Japan and the United States at the turn of the nineteenth century. Exploring such issues as gender struggles in the American Protestant church and bourgeois Japanese women's attitudes towards the "pleasure class" of geishas and prostitutes, Yasutake illuminates the motivations and experiences of American missionaries, U.S. WCTU workers, and their Japanese protégés. The diverse machinations of WCTU activism offer a compelling lesson in the complexities of cultural imperialism.

Gehe hin, stelle einen Wächter

Roman

Author: Harper Lee

Publisher: DVA

ISBN: 3641179491

Category: Fiction

Page: 320

View: 2482

Sensationeller Manuskriptfund - das literarische Ereignis im Sommer 2015 Harper Lee hat bisher nur einen Roman veröffentlicht, doch dieser hat der US-amerikanischen Schriftstellerin Weltruhm eingebracht: „Wer die Nachtigall stört“, erschienen 1960 und ein Jahr später mit dem renommierten Pulitzer-Preis ausgezeichnet, ist mit 40 Millionen verkauften Exemplaren und Übersetzungen in mehr als 40 Sprachen eines der meistgelesenen Bücher weltweit. Mit „Gehe hin, stelle einen Wächter“ – zeitlich vor „Wer die Nachtigall stört“ entstanden – erscheint nun das Erstlingswerk. Das Manuskript wurde nie veröffentlicht und galt als verschollen – bis es eine Freundin der inzwischen 89-jährigen Autorin im September 2014 fand. In „Gehe hin, stelle einen Wächter“ treffen wir die geliebten Charaktere aus „Wer die Nachtigall stört“ wieder, 20 Jahre später: Eine inzwischen erwachsene Jean Louise Finch, „Scout“, kehrt zurück nach Maycomb und sieht sich in der kleinen Stadt in Alabama, die sie so geprägt hat, mit gesellschaftspolitischen Problemen konfrontiert, die nicht zuletzt auch ihr Verhältnis zu ihrem Vater Atticus infrage stellen. Ein Roman über die turbulenten Ereignisse im Amerika der 1950er-Jahre, der zugleich ein faszinierend neues Licht auf den Klassiker wirft. Bewegend, humorvoll und überwältigend – ein Roman, der seinem Vorgänger in nichts nachsteht.

Wer die Nachtigall stört ...

Author: Harper Lee

Publisher: N.A

ISBN: 9783499271571

Category:

Page: 464

View: 5804

Murder and the Reasonable Man

Passion and Fear in the Criminal Courtroom

Author: Cynthia Lee

Publisher: NYU Press

ISBN: 0814765149

Category: Law

Page: 371

View: 1080

A man murders his wife after she has admitted her infidelity; another man kills an openly gay teammate after receiving a massage; a third man, white, goes for a jog in a “bad” neighborhood, carrying a pistol, and shoots an African American teenager who had his hands in his pockets. When brought before the criminal justice system, all three men argue that they should be found “not guilty”; the first two use the defense of provocation, while the third argues he used his gun in self-defense. Drawing upon these and similar cases, Cynthia Lee shows how two well-established, traditional criminal law defenses—the doctrines of provocation and self-defense—enable majority-culture defendants to justify their acts of violence. While the reasonableness requirement, inherent in both defenses, is designed to allow community input and provide greater flexibility in legal decision-making, the requirement also allows majority-culture defendants to rely on dominant social norms, such as masculinity, heterosexuality, and race (i.e., racial stereotypes), to bolster their claims of reasonableness. At the same time, Lee examines other cases that demonstrate that the reasonableness requirement tends to exclude the perspectives of minorities, such as heterosexual women, gays and lesbians, and persons of color. Murder and the Reasonable Man not only shows how largely invisible social norms and beliefs influence the outcomes of certain criminal cases, but goes further, suggesting three tentative legal reforms to address problems of bias and undue leniency. Ultimately, Lee cautions that the true solution lies in a change in social attitudes.

Feminism, Media, and the Law

Author: Martha Fineman,Martha T. McCluskey

Publisher: Oxford University Press on Demand

ISBN: 0195096290

Category: Law

Page: 319

View: 6232

Drawing on a striking array of sources, this book presents a collection of essays by leading scholars and activists that explore how the media represents and constructs gender, law, and feminism. Topics include hate radio, Anita Hill, popular women's magazines, and the portrayal of women in film and television.

Black Men on Race, Gender, and Sexuality

A Critical Reader

Author: Devon Carbado

Publisher: NYU Press

ISBN: 0814715524

Category: Law

Page: 464

View: 1701

The image of the West looms large in the American imagination. Yet the history of American Jewry and particularly of American Jewish women—has been heavily weighted toward the East. Jewish Women Pioneering the Frontier Trail rectifies this omission as the first full book to trace the history and contributions of Jewish women in the American West. In many ways, the Jewish experience in the West was distinct. Given the still-forming social landscape, beginning with the 1848 Gold Rush, Jews were able to integrate more fully into local communities than they had in the East. Jewish women in the West took advantage of the unsettled nature of the region to “open new doors” for themselves in the public sphere in ways often not yet possible elsewhere in the country. Women were crucial to the survival of early communities, and made distinct contributions not only in shaping Jewish communal life but outside the Jewish community as well. Western Jewish women's level of involvement at the vanguard of social welfare and progressive reform, commerce, politics, and higher education and the professions is striking given their relatively small numbers. This engaging work—full of stories from the memoirs and records of Jewish pioneer women—illuminates the pivotal role these women played in settling America's Western frontier.

Disoriented

Asian Americans, Law, and the Nation-State

Author: Robert Chang

Publisher: NYU Press

ISBN: 0814790437

Category: Social Science

Page: 248

View: 4032

Does "Asian American" denote an ethnic or racial identification? Is a person of mixed ancestry, the child of Euro- and Asian American parents, Asian American? What does it mean to refer to first generation Hmong refugees and fifth generation Chinese Americans both as Asian American? In Disoriented: Asian Americans, Law, and the Nation State, Robert Chang examines the current discourse on race and law and the implications of postmodern theory and affirmative action-all of which have largely excluded Asian Americans-in order to develop a theory of critical Asian American legal studies. Demonstrating that the ongoing debate surrounding multiculturalism and immigration in the U.S. is really a struggle over the meaning of "America," Chang reveals how the construction of Asian American-ness has become a necessary component in stabilizing a national American identity-- a fact Chang criticizes as harmful to Asian Americans. Defining the many "borders" that operate in positive and negative ways to construct America as we know it, Chang analyzes the position of Asian Americans within America's black/white racial paradigm, how "the family" operates as a stand-in for race and nation, and how the figure of the immigrant embodies a central contradiction in allegories of America. "Has profound political implications for race relations in the new century" —Michigan Law Review, May 2001

Critical Queer Studies

Law, Film, and Fiction in Contemporary American Culture

Author: Professor Casey Charles

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409456641

Category: Social Science

Page: 208

View: 8456

Critical Queer Studies examines contemporary films and documentaries that dramatize the intersection of law and queer life, analyzing the effects of legal doctrines-jury selection, unwanted sexual advance, negligence, hate crimes, and gay marriage-on the production and reception of queer film and fiction. Exploring the interaction of these discourses by discussing internationally-known American films, the book demonstrates how the law maintains its hold over the queer subject through promoting certain ideological fictions and conversely how film and literature draw upon the material realities of queer legal status to dramatize conflicts between law and the marginalized subject. Critical Queer Studies synthesizes queer studies, law and literature, and film studies, engaging these fields to show how the struggle for gay and lesbian rights has influenced the production of film and fiction.

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