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Imprisoned by the Past: Warren McCleskey and the American Death Penalty

Imprisoned by the Past: Warren McCleskey and the American Death Penalty connects the history of the American death penalty to the case of Warren McCleskey. By highlighting the relation between American history and an individual case, Imprisoned by the Past provides a unique understanding of the big picture of capital punishment in the context of a compelling human story. McCleskey's criminal law case resulted in one of the most important Supreme Court cases in U.S. legal history, where the Court confronted evidence of racial discrimination in the administration of capital punishment. The case marks the last that the Supreme Court realistically might have held that capital punishment violates the Eighth Amendment of the U.S. Constitution. As such, the constitutional law case also created a turning point in the death penalty debate in the country. The book connects McCleskey's case -- as well as his life and crime -- to the issues that have haunted the American death penalty debate since the first executions by early settlers and that still affect the legal system today. Imprisoned by the Past ties together three unique American stories in U.S history. First, the book considers the changing American death penalty across centuries where drastic changes have occurred in the last fifty years. Second, the book discusses the role that race played in that history. And third, the book tells the story of Warren McCleskey and how his life and legal case brought together the other two narratives.

Imprisoned by the Past: Warren McCleskey and the American Death Penalty

Imprisoned by the Past: Warren McCleskey and the American Death Penalty connects the history of the American death penalty to the case of Warren McCleskey. By highlighting the relation between American history and an individual case, Imprisoned by the Past provides a unique understanding of the big picture of capital punishment in the context of a compelling human story. McCleskey's criminal law case resulted in one of the most important Supreme Court cases in U.S. legal history, where the Court confronted evidence of racial discrimination in the administration of capital punishment. The case marks the last that the Supreme Court realistically might have held that capital punishment violates the Eighth Amendment of the U.S. Constitution. As such, the constitutional law case also created a turning point in the death penalty debate in the country. The book connects McCleskey's case -- as well as his life and crime -- to the issues that have haunted the American death penalty debate since the first executions by early settlers and that still affect the legal system today. Imprisoned by the Past ties together three unique American stories in U.S history. First, the book considers the changing American death penalty across centuries where drastic changes have occurred in the last fifty years. Second, the book discusses the role that race played in that history. And third, the book tells the story of Warren McCleskey and how his life and legal case brought together the other two narratives.

Imprisoning Communities: How Mass Incarceration Makes Disadvantaged Neighborhoods Worse (Studies in Crime and Public Policy)

At no time in history, and certainly in no other democratic society, have prisons been filled so quickly and to such capacity than in the United States. And nowhere has this growth been more concentrated than in the disadvantaged--and primarily minority--neighborhoods of America's largest urban cities. In the most impoverished places, as much as 20% of the adult men are locked up on any given day, and there is hardly a family without a father, son, brother, or uncle who has not been behind bars. While the effects of going to and returning home from prison are well-documented, little attention has been paid to the impact of removal on neighborhoods where large numbers of individuals have been imprisoned. In the first detailed, empirical exploration of the effects of mass incarceration on poor places, Imprisoning Communities demonstrates that in high doses incarceration contributes to the very social problems it is intended to solve: it breaks up family and social networks; deprives siblings, spouses, and parents of emotional and financial support; and threatens the economic and political infrastructure of already struggling neighborhoods. Especially at risk are children who, research shows, are more likely to commit a crime if a father or brother has been to prison. Clear makes the counterintuitive point that when incarceration concentrates at high levels, crime rates will go up. Removal, in other words, has exactly the opposite of its intended effect: it destabilizes the community, thus further reducing public safety. Demonstrating that the current incarceration policy in urban America does more harm than good, from increasing crime to widening racial disparities and diminished life chances for youths, Todd Clear argues that we cannot overcome the problem of mass incarceration concentrated in poor places without incorporating an idea of community justice into our failing correctional and criminal justice systems.

Imprisoning Communities: How Mass Incarceration Makes Disadvantaged Neighborhoods Worse (Studies in Crime and Public Policy)

At no time in history, and certainly in no other democratic society, have prisons been filled so quickly and to such capacity than in the United States. And nowhere has this growth been more concentrated than in the disadvantaged--and primarily minority--neighborhoods of America's largest urban cities. In the most impoverished places, as much as 20% of the adult men are locked up on any given day, and there is hardly a family without a father, son, brother, or uncle who has not been behind bars. While the effects of going to and returning home from prison are well-documented, little attention has been paid to the impact of removal on neighborhoods where large numbers of individuals have been imprisoned. In the first detailed, empirical exploration of the effects of mass incarceration on poor places, Imprisoning Communities demonstrates that in high doses incarceration contributes to the very social problems it is intended to solve: it breaks up family and social networks; deprives siblings, spouses, and parents of emotional and financial support; and threatens the economic and political infrastructure of already struggling neighborhoods. Especially at risk are children who, research shows, are more likely to commit a crime if a father or brother has been to prison. Clear makes the counterintuitive point that when incarceration concentrates at high levels, crime rates will go up. Removal, in other words, has exactly the opposite of its intended effect: it destabilizes the community, thus further reducing public safety. Demonstrating that the current incarceration policy in urban America does more harm than good, from increasing crime to widening racial disparities and diminished life chances for youths, Todd Clear argues that we cannot overcome the problem of mass incarceration concentrated in poor places without incorporating an idea of community justice into our failing correctional and criminal justice systems.

Imprisonment of the Elderly and Death in Custody: The Right to Review

Over the past few decades, there has been a sharp increase in the number of elderly prisoners, and hence a rise in the number of prisoners dying in custody. In this book, Khechumyan questions whether respect for human dignity would justify releasing older and seriously ill prisoners. He also examines the normative justifications which could limit the administration of the imprisonment of the elderly and seriously ill. Khechumyan argues that factors such as a prisoner’s age and health could alter the balance between the legitimate goals of punishment, rendering the continued imprisonment ‘grossly disproportionate’. To address these issues, Articles 3 and 5 of the European Convention of Human Rights are extensively examined. This book is a valuable resource for academics, researchers and policy-makers working in the fields of Criminal Justice, Human Rights Law, and Gerontology.

Imprisonment of the Elderly and Death in Custody: The Right to Review

Over the past few decades, there has been a sharp increase in the number of elderly prisoners, and hence a rise in the number of prisoners dying in custody. In this book, Khechumyan questions whether respect for human dignity would justify releasing older and seriously ill prisoners. He also examines the normative justifications which could limit the administration of the imprisonment of the elderly and seriously ill. Khechumyan argues that factors such as a prisoner’s age and health could alter the balance between the legitimate goals of punishment, rendering the continued imprisonment ‘grossly disproportionate’. To address these issues, Articles 3 and 5 of the European Convention of Human Rights are extensively examined. This book is a valuable resource for academics, researchers and policy-makers working in the fields of Criminal Justice, Human Rights Law, and Gerontology.

Improperly Obtained Evidence in Anglo-American and Continental Law

This is the first book to offer an extensive cosmopolitan, cross-cultural insight into the perennial controversy over the use of improperly obtained evidence in criminal trials. It challenges the conventional view that exclusionary rules are idiosyncratic of Anglo-American law, and highlights the 'constitutionalisation' and 'internationalisation' of criminal evidence and procedure as a cause of rapprochement (or divergence) beyond the Anglo-American and Continental law divide.Analysis focuses on confessional evidence and evidence obtained by search and seizure, telephone interceptions and other means of electronic surveillance. The laws of England and Wales, France, Greece and the United States are systematically compared and contrasted throughout this study, but, where appropriate, analysis extends to other Anglo-American and Continental legal systems. The book reviews exclusionary rules vis-à-vis the operation of judicial discretion, and explores the normative justifications that underpin them. It attempts to reinvigorate the idea of excluding evidence to protect constitutional or human rights (the rights thesis), arguing that there is significant scope for Anglo-American and Continental legal systems to place a renewed emphasis on it, particularly in relation to confessional evidence obtained in violation of custodial interrogation rights; we can locate an emerging rapprochement, and unique potential for European Court of Human Rights jurisprudence to build consensus in this respect. In marked contrast, remaining divergence with regard to evidence obtained by privacy violations means there is little momentum to adopt a reinvigorated rights thesis more widely.

Improperly Obtained Evidence in Anglo-American and Continental Law

This is the first book to offer an extensive cosmopolitan, cross-cultural insight into the perennial controversy over the use of improperly obtained evidence in criminal trials. It challenges the conventional view that exclusionary rules are idiosyncratic of Anglo-American law, and highlights the 'constitutionalisation' and 'internationalisation' of criminal evidence and procedure as a cause of rapprochement (or divergence) beyond the Anglo-American and Continental law divide.Analysis focuses on confessional evidence and evidence obtained by search and seizure, telephone interceptions and other means of electronic surveillance. The laws of England and Wales, France, Greece and the United States are systematically compared and contrasted throughout this study, but, where appropriate, analysis extends to other Anglo-American and Continental legal systems. The book reviews exclusionary rules vis-à-vis the operation of judicial discretion, and explores the normative justifications that underpin them. It attempts to reinvigorate the idea of excluding evidence to protect constitutional or human rights (the rights thesis), arguing that there is significant scope for Anglo-American and Continental legal systems to place a renewed emphasis on it, particularly in relation to confessional evidence obtained in violation of custodial interrogation rights; we can locate an emerging rapprochement, and unique potential for European Court of Human Rights jurisprudence to build consensus in this respect. In marked contrast, remaining divergence with regard to evidence obtained by privacy violations means there is little momentum to adopt a reinvigorated rights thesis more widely.

Improving Access and Quality of Public Services in Latin America: To Govern and To Serve (Latin American Political Economy)

This book presents insights from several countries in Latin America and beyond on how to organize critical sectors, such as education, roads and water, to improve quality, access and affordability. The innovative, multi-disciplinary studies in this volume discuss the outcomes of decentralization, school autonomy, participatory budgeting at the local level and other accountability mechanisms. Rich quantitative analyses are complemented and enhanced by insights from interviews and quotes from those on the front lines: politicians, bureaucrats and service providers; as well as a variety of case-studies focusing on wider political economy questions, on the intricacies of political competition and governance reform, and on public spending efficiency in countries as varied as Colombia, Peru, Chile and Uruguay. As the authors demonstrate, Latin America has much to share with the rest of the world in terms of governance and public service delivery experiments and learnings.

Improving Consistency in Performance Measurement System Design: The Case of the Colombian Public Schools (System Dynamics for Performance Management & Governance #7)

This book analyzes behavioral distortions in public schools and delineates outcome-based performance measurement systems that can prevent and mitigate them. An instrumental view of dynamic performance management (DPM) is used to support the endeavor by identifying how performance drivers affect end results of outcome and output, how end results affect strategic resources, and how strategic resources and benchmarks define the dynamics of performance drivers. This approach is also used to promote a shift from an output-oriented to an outcome-oriented view in performance management, with the aim of achieving sustainable results in the long term. The book also includes a comprehensive literature review at the end of each chapter, intended to strengthen readers’ knowledge and encourage further research. Given its scope, the book will appeal to graduate students in public management, researchers in performance management, system dynamics, and education, and decision-makers in public schools.

Improving Energy Decisions: Towards Better Scientific Policy Advice for a Safe and Secure Future Energy System (Ethics of Science and Technology Assessment #42)

Managing a successful transition of the current energy supply system to less carbon emitting options, ensuring a safe and secure supply during the whole process and in the long term, is one of the largest challenges of our time. Various approaches and first implementations show that it is not only technological issue, but also a matter of societal acceptance and acceptability, considering basic ethic values of the society.The main foci of the book are, thus, to develop an understanding about the specific challenges of the scientific policy advice in the area, to explore typical current approaches for the analysis of future energy systems and to develop criteria for the quality assessment and guidelines for the improvement of such studies.The book provides assistance to the interpretation of existing studies and guidelines for setting up and carrying out new analyses as well as for communicating and applying the results. Thereby, it aims to support the involved actors such as the respective scientific experts and researchers as well as decision makers, energy suppliers, stakeholders and the interested public in designing procedures for a successful transition process. The study elaborates consistent interdisciplinary advice as contribution for realising a continuously safe and secure, long-term viable energy supply in spite of diverse interests, multi-level responsibilities, multi-dimensional processes, large uncertainties and lack of knowledge about future developments.

Improving Healthcare: A Dose of Competition (Developments in Health Economics and Public Policy #9)

Improving Healthcare: A Dose of Competition systematically examines the American health care system from a competition-oriented perspective. The volume surveys the performance of each major sector of the health care system, and identifies impediments to more effective competition. Improving Healthcare examines such issues as competition v. regulation, public and private sector approaches to health care financing, cross-subsidies, licensure, provider market concentration, financial and clinical integration, payment for performance, quality, pharmacy benefit managers, direct-to-consumer advertising of pharmaceuticals, certificates of need, mandates, unionization, the significance of organizational status (nonprofit v. for-profit), and the role of antitrust and consumer protection in health care. It offers concrete recommendations to improve the quality and cost-effectiveness of the American health care marketplace.

Improving Intellectual Property: A Global Project

Undertaking the global project of improving intellectual property demands a critical and dynamic evaluation of its parameters and impacts. This innovative book considers what it means to improve intellectual property globally, exploring various aspects and perspectives of the international intellectual property debate and contemplating the possibilities for reform.

Improving International Competition Order: An Institutional Approach

This book offers guidelines for the upcoming discussions on reform, representing an attempt to work out conceptions for a better international competition order on the basis of the scientific approach 'law and economics'. It presents the dominant concepts of competition policy as a basis for an international competition order and formulates a synthesis. The result is a new neo-ordoliberal approach. Anti-dumping-measures are analysed of the effects on international competition and resource allocation, and alternatives and improvements are suggested. From national forms of competition policy a synthesis of international competition policies are derived. Currently reforms of the international competition order are heavily discussed and here a selection of the most important suggestions are presented, compared, and evaluated. Finally, this book offers strategies that might serve as second-best solutions, and though they may not be optimal for competition policy, they are politically feasible and an improvement on the current competition regulations. They would be a back-up in case the WTO competition regulations aren't realizable.

Improving Local Government: Outcomes of Comparative Research (Governance and Public Management)

Local governments encounter many problems, and although there is not one panacea that works internationally, this book argues that there are mechanisms to improve local situations. By drawing on case studies from the developing world, the authors review best practices in good governance.

Improving Procedural Justice in Anti-Dumping Investigations: Lessons from the US and EU Practices Against China

By synthesizing both theoretical and empirical insights, this book offers a distinctive perspective on procedural justice within the context of anti-dumping investigations. The book highlights the disjunction between the provisions outlined in the World Trade Organization's Anti-Dumping Agreement (ADA) and the practical encounters faced by stakeholders such as exporters, regulatory bodies, and legal experts affiliated with the WTO. Employing a mixed-method approach, the research encompasses a comprehensive doctrinal analysis of procedural complexities alongside empirical investigations involving key stakeholders such as WTO legal experts, Chinese exporters, and investigating authorities. Furthermore, this book underscores the potential for enhancing procedural justice through either a comprehensive reform of the ADA or concrete measures such as a standardized anti-dumping questionnaire. Such improvements offered in the book have the potential to curtail the misuse of anti-dumping investigations, consequently mitigating a substantial number of disputes that might be brought before the WTO's Dispute Settlement Mechanism.

Improving the Regulatory Review Process: Industry and Regulatory Initiatives (Centre for Medicines Research Workshop)

Regulatory review is the last major development hurdle that must be passed by a new medicine before it reaches the market. At a time when pharmaceutical companies are reviewing their R&D strategies, and attempting to reduce drug development times, it is extremely important that the review process is made as efficient as possible. The 11th CMR Workshop, held in September 1995, provided the opportunity for regulatory authority and industry personnel from Europe, North America, Australia and Japan to openly discuss views and exchange experiences on the subject of improving the review process. The proceedings of this meeting provide a comprehensive overview of the current review process around the world. The contributors describe the present situation and highlight company strategies and regulatory initiatives to improve the review process. This volume also summarises the suggestions that were developed by the participants, covering many facets of this process, including the quality and size of the dossier, dialogue, submission strategies, feedback and the response to questions.

Improving the Regulatory Review Process: Assessing Performance and Setting Targets (Centre for Medicines Research Workshop)

At a time when it is becoming usual for medicines to be developed for a global market and pharmaceutical companies are endeavouring to expedite the drug development process, Regulatory Authorities are concentrating on improving their efficiency and effectiveness. Therefore, it is not surprising that questions are being asked as to how performance might be measured and compared between different authorities who are now often in receipt of dossiers that have been submitted to several agencies at the same time. Issues such as 'what target should be set for the review of new medicines?' and `how can quality be assured?' are now considered to be of critical importance. The twelfth CMR International Workshop, held in January 1997, provided the opportunity for Regulatory Authority and industry personnel from Europe, North America, Australia and Japan to openly discuss experiences and exchange views on how to improve the review process. The proceedings of this meeting provide a comprehensive overview of the current review process in different countries and the need for performance measures and targets. This volume summarises the many suggestions that were debated at the Workshop, and includes chapters on measuring performance, and on the integration of quality into the review process.

Improving the Tax System amid the Rule-of-Law China

​This book discusses China’s tax system, presenting a comprehensive and systematic research based on a multidisciplinary approach involving economics, finance, political science, sociology, law, public administration, history, and econometrics.With China moving toward the rule of law, this book proposes reforms to the tax laws and the stratified governance with a view to achieving tax neutrality, law-based taxation, tax equality and tax burden stability. It focuses on clarifying the implications, extension, nature, and features of a law-based tax system as well as the logical relationships between the optimization of the tax system structure, modern governance, law-based tax administration, as well as the tax-sharing system of tax collection and the rule of tax law. It suggests that optimizing the tax structure, reforming the tax-sharing system, improving local taxes, and restructuring the tax collection and management system will push China's tax system toward sound design and rule of law.This book is intended for scholars specializing in China’s tax system and general readers interested in China’s economy.

Improving Workplace Quality: New Pespectives and Challenges for Worker Well-Being (Bulletin of Comparative Labour Relations Series)

A consensus has developed in workplace studies around the concept of ‘well-being at work’ in an awareness that such apparently distinct aspects as health and safety, discrimination, labour market integration, and work-life balance converge in the workplace and are best treated as one complex phenomenon. This important book offers twelve contributions by distinguished international scholars from a range of disciplinary domains, providing an in-depth analysis of ongoing changes in the world of work and their impact on personal well-being. The contributors place specific workplace experiences in a comparative perspective, examining policy and regulatory initiatives and judicial rulings at national, regional, and international levels. The case studies are drawn from Italy, France, the United States, Russia, and developing countries. The essays examine recent legal developments in such topical issues as: – atypical and non-standard work; – child-care leave; – company-level welfare provisions; – disability; – harassment; – low-wage workers and employment benefits; – misperception discrimination; – public policy in care services; – unemployment and mental health; and – work/family conciliation policies. Providing a detailed overview of recent developments in policy and jurisprudence in a comparative perspective regarding discrimination, work-life balance, and workers’ integration into the labour market – as well as a guide to best practices in promoting well-being at work – this book will prove indispensable to labour and employment law practitioners, as well as to work organization, occupational medicine, mental health, and human resources professionals.

Improvisational Negotiation: A Mediator's Stories of Conflict About Love, Money, Anger -- and the Strategies That Resolved Them

Improvisational Negotiation presents an original approach for mediators, negotiators, and other dispute resolution professionals. Drawing on his own experience plus those of his colleagues, Jeffrey Krivis offers the reader dramatic, well-crafted, and highly instructive stories about people in conflict - families, organizations, corporations - and shows how mediated negotiations help them to reach a successful resolution. Unlike most books on the topic, Improvisational Negotiation does not focus on theory, philosophy, or formulaic procedures. The book highlights entertaining true stories that illuminate the skills and tools a good mediator uses to direct a successful negotiation and then asks the questions: What happened? and What strategies can we learn?

Impulse für eine europäische Harmonisierung des Urheberrechts / Perspectives d'harmonisation du droit d'auteur en Europe: Urheberrecht im deutsch-französischen Dialog / Rencontres franco-allemandes (MPI Studies on Intellectual Property and Competition Law #2)

Deutsch-französische Kooperation: Das Max-Planck-Institut für Geistiges Eigentum lotet hier gemeinsam mit dem Institut de Recherche en Propriété Intellectuelle Henri-Desbois das Thema Urheberrecht auf europäischer Ebene aus. Der vorliegende Band enthält die ideenreichen Beiträge und Lösungsvorschläge namhafter Urheberrechtsexperten beider Länder zur Harmonisierung des Urheberrechts in Europa. (Vortragsreihe München-Paris, 09/2004 bis 01/2006).

Impunity And Human Rights In International Law And Practice

Impunity and Human Rights in International Law and Practice

As dictatorships topple around the world and transitional regimes emerge from the political rubble, the new governments inherit a legacy of widespread repression against the civilian population. This repression ranges from torture, forced disappearances, and imprisonment to the killings of both real and perceived political opponents. Nonetheless, the official status of the perpetrators shields them from sanction, creating a culture of impunity in which the most inhumane acts can be carried out without fear of repercussions. The new governments wrestle with whether or not to investigate prior wrongdoings by state officials. They must determine who, if any, of those responsible for the worst crimes should be brought to justice, even if this means annulling a previous amnesty law or risking a violent backlash by military or security forces. Finally, they have to decide how to compensate the victims of this repression, if at all. Beginning with a general consideration of theories of punishment and redress for victims, Impunity and Human Rights in International Law and Practice explores how international law provides guidance on these issues of investigation, prosecution, and compensation. It reviews some of the more well-known historical examples of societies grappling with impunity, including those arising from the Second World War and from the fall of the Greek, Spanish, and Portuguese dictatorships in the 1970s. Country studies from around the world look at how the problem of impunity has been dealt with in practice in the last two decades. The work then distills these experiences into a general discussion of what has and hasn't worked. It concludes by considering the role of international law and institutions in the future, especially given renewed interest in international mechanisms to punish wrong-doers. As individuals, governments, and international organizations come to grips with histories of repression and impunity in countries around the world, the need to define legal procedures and criteria for dealing with past abuses of human rights takes on a special importance. Impunity and Human Rights in International Law and Practice aims to share their experiences in the hope that lawyers, scholars, and activists in those countries where dealing with the past is only now becoming an imperative may learn from those who have recently confronted similar challenges. This work will be essential reading for lawyers, political and social scientists, historians and journalists, as well as human rights experts concerned with this important issue.

In a Bad State: Responding to State and Local Budget Crises

An authoritative review of the long history of federal responses to state and local budget crises, from Alexander Hamilton through the COVID-19 pandemic, that reveals what is at stake when a state or city can't pay its debts and provides policy solutions to an intractable American problem. What should the federal government do if a state like Illinois or a city like Chicago can't pay its debts? From Alexander Hamilton's plan to assume state debts to Congress's efforts to respond to the COVID-19 pandemic, many of the most important political disputes in American history have involved federal government responses to state or local fiscal crises. In a Bad State provides the first comprehensive historical and theoretical analysis of how the federal government has addressed subnational debt crises. Tracing the long history of state and local borrowing, David Schleicher argues that federal officials want to achieve three things when a state or city nears default: prevent macroeconomic distress, encourage lending to states and cities to build infrastructure, and avoid creating incentives for reckless future state budgeting. But whether they demand state austerity, permit state defaults, or provide bailouts-and all have been tried-federal officials can only achieve two of these three goals, at best. Rather than imagining that there is a single easy federal solution, Schleicher suggests some ways the federal government could ameliorate the problem by conditioning federal aid on future state fiscal responsibility, spreading losses across governments and interests, and building resilience against crises into federal spending and tax policy. Authoritative and accessible, In a Bad State offers a guide to understanding the pressing fiscal problems that local, state, and federal officials face, and to the policy options they possess for responding to crises.