Against The Profit Motive

Author: Nicholas R. Parrillo
Publisher: Yale University Press
ISBN: 9780300176582
Size: 14.33 MB
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DIVIn America today, a public official’s lawful income consists of a salary. But until a century ago, the law frequently authorized officials to make money on a profit-seeking basis. Prosecutors won a fee for each defendant convicted. Tax collectors received a cut of each evasion uncovered. Naval officers took a reward for each ship sunk. The list goes on. This book is the first to document American government’s “for-profit” past, to discover how profit-seeking defined officials’ relationship to the citizenry, and to explain how lawmakers—by banishing the profit motive in favor of the salary—transformed that relationship forever./div

Representing Justice

Author: Judith Resnik
Publisher: Yale University Press
ISBN: 9780300110968
Size: 14.21 MB
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By mapping the remarkable run of the icon of Justice, a woman with scales and sword, and by tracing the development of public spaces dedicated to justice—courthouses—the authors explore the evolution of adjudication into its modern form as well as the intimate relationship between the courts and democracy. The authors analyze how Renaissance “rites” of judgment turned into democratic “rights,” requiring governments to respect judicial independence, provide open and public hearings, and accord access and dignity to “every person.” With over 220 images, readers can see both the longevity of aspirations for justice and the transformation of courts, as well as understand that, while venerable, courts are also vulnerable institutions that should not be taken for granted.

Why Nudge

Author: Cass R. Sunstein
Publisher: Yale University Press
ISBN: 9780300197860
Size: 15.31 MB
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The best-selling author of Simpler offers an argument for protecting people from their own mistakes.

The Origins Of Reasonable Doubt

Author: James Q. Whitman
Publisher: Yale University Press
ISBN: 0300116004
Size: 18.86 MB
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To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

Creating The Administrative Constitution

Author: Jerry L. Mashaw
Publisher: Yale University Press
ISBN: 9780300183474
Size: 15.33 MB
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This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Contrary to conventional understandings, Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution’s first century created an administrative constitution hardly hinted at in its formal text. Beyond describing a history that has previously gone largely unexamined, this book, in the author’s words, will "demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic."

Contesting Development

Author: Patrick Barron
Publisher: Yale University Press
ISBN: 9780300126310
Size: 12.87 MB
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This pathbreaking book grapples with an established reality: well-intentioned international development programs often generate local conflict, some of which escalates to violence. To understand how such conflicts can be managed peacefully, the authors have undertaken a comprehensive mixed-methods analysis of one of the world's largest participatory development projects, the highly successful Kecamatan Development Program (KDP), which was launched by the World Bank and the Indonesian government in the late 1990s and now operates in every district across Indonesia. --

The Melodramatic Imagination

Author: Peter Brooks
Publisher: Yale University Press
ISBN: 0300065531
Size: 15.43 MB
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In this lucid and fascinating book, Peter Brooks argues that melodrama is a crucial mode of expression in modern literature. After studying stage melodrama as a dominant popular form in the nineteenth century, he moves on to Balzac and Henry James to show how these "realist" novelists created fiction using the rhetoric and excess of melodrama - in particular its secularized conflicts of good and evil, salvation and damnation. The Melodramatic Imagination has become a classic work for understanding theater, fiction, and film.