Evolving Standards of Domination

Evolving Standards of Domination
Author: SpearIt
Publisher:
Total Pages: 0
Release: 2015
Genre:
ISBN:

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This Article critiques the evolving standards of decency doctrine as a form of Social Darwinism. It argues that evolving standards of decency provided a system of review that was tailor-made for Civil Rights opponents to scale back racial progress. Although as a doctrinal matter, evolving standards sought to tie punishment practices to social mores, prison sentencing became subject to political agendas that determined the course of punishment more than the benevolence of a maturing society. Indeed, rather than the fierce competition that is supposed to guide social development, the criminal justice system was consciously deployed as a means of social control. This evolutionary model was thus betrayed by Court opinions that allowed states nearly unfettered authority over prison sentencing and use of solitary confinement, a self-fulfilling prophecy -- a deep irony in the expanded incarceration of poor, uneducated, minorities -- the very population that might be expected under an evolutionary frame. The Article urges the Supreme Court to abandon evolving standards as a flawed and pernicious concept, and simultaneously, accept the duty to reinterpret the Eighth Amendment for prison sentencing and solitary confinement. Looking forward, the Article advances a blueprint for employing research and science as a means of reimagining the scale of imprisonment. It challenges the Court to do something never done before in American penal history -- justify the length of prison sentences with more than just random and arbitrary figures. The Court has been trying to implement objective standards to guide punishment practices for decades, but has constantly fallen prey to its own subjective inclinations. This Article suggests that the objectivity the Court has been seeking all along is there for the taking, provided it abandons the sociological myth of “survival of the fittest” along with the idea that American society is ever-progressing in humane decency. The Court must move beyond its obsessive tinkering with the death penalty and focus on the realities of “doing time” in America.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 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.

War Without Rules

War Without Rules
Author: Robert Spalding
Publisher: Penguin
Total Pages: 257
Release: 2022-04-19
Genre: Political Science
ISBN: 0593331044

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In its fight for global dominance, Communist China has thrown out the old rules of war. China expert General Robert Spalding walks us through their new playbook. Many Americans are finally waking up to the alarming reality of China's stealth war on the United States and puzzling over how to push back against its insidious infiltration. What few realize is that we have one real advantage in this war: the Chinese Communist Party strategy for total war has been written out in Unrestricted Warfare, the Chinese book, well known there, that has become their new Art of War. In War Without Rules, retired Air Force Brigadier General Rob Spalding takes Americans inside Unrestricted Warfare. He walks readers through the principles of this book, revealing the Chinese belief that there is no sector of life outside the realm of war. He shows how the CCP itself has promised to use corporate espionage, global pandemics, and trade violations to achieve dominance. Most importantly, he provides insight into how, once Americans are aware of the tactics, we can fight back against CCP’s creeping influence. More than a vital read for those interested in China, War Without Rules is essential reading for anyone—from policymakers and diplomats to businessmen and investors—finally waking up to the stealth war. Knowledge is power, and it’s time to arm yourself.

Organizations Evolving

Organizations Evolving
Author: Howard E Aldrich
Publisher: SAGE
Total Pages: 348
Release: 2006-03-03
Genre: Business & Economics
ISBN: 9781412910477

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In this authoritative exploration of contemporary organisations and the ways they mirror their environment, Howard Aldrich and Martin Ruef chart the development of organisational forms, as well as assessing the impact on these of external innovations.

Who Rules America Now?

Who Rules America Now?
Author: G. William Domhoff
Publisher: Touchstone
Total Pages: 244
Release: 1986
Genre: History
ISBN:

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The author is convinced that there is a ruling class in America today. He examines the American power structure as it has developed in the 1980s. He presents systematic, empirical evidence that a fixed group of privileged people dominates the American economy and government. The book demonstrates that an upper class comprising only one-half of one percent of the population occupies key positions within the corporate community. It shows how leaders within this "power elite" reach government and dominate it through processes of special-interest lobbying, policy planning and candidate selection. It is written not to promote any political ideology, but to analyze our society with accuracy.

Common Good Constitutionalism

Common Good Constitutionalism
Author: Adrian Vermeule
Publisher: John Wiley & Sons
Total Pages: 171
Release: 2022-02-08
Genre: Political Science
ISBN: 1509548882

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The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

Co-Evolution of Standards in Innovation Systems

Co-Evolution of Standards in Innovation Systems
Author: Stefan N. Grösser
Publisher: Springer Science & Business Media
Total Pages: 288
Release: 2012-07-27
Genre: Business & Economics
ISBN: 3790828580

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Mitigating climate change is one of the most profound challenges facing humankind. In industrialized countries, the residential housing sector produces roughly one-fourth of the greenhouse gas emissions. One solution to reduce these emissions is the availability of building codes that require high levels of energy efficiency. Given the current scientific knowledge, more research is needed to gain a proper systemic understanding of the underlying socio-economic and technical system. Such an understanding is crucial for developing high energy-efficiency standards because this system develops gradually over time and cannot be changed swiftly. This book creates a feedback-rich simulation model for analyzing the effects of different administrative policies on energy demand, the improvement of energy efficiency by means of building codes, and reductions in the greenhouse gas emissions. The dynamic model can contribute substantially to the discourse on energy policies and guide effective administrative interventions. The book will be a valuable resource for officials in the public energy administration, as well as researchers in the areas of innovation, diffusion processes, co-evolution, standardization, and simulation modelling.

Revival: Communication and Cultural Domination (1976)

Revival: Communication and Cultural Domination (1976)
Author: Herbert I. Schiller
Publisher: Routledge
Total Pages: 134
Release: 2019-11-11
Genre: Political Science
ISBN: 1351715526

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This title was first published in 1976. The attainment of political independence by more than ninety countries since the Second World War has directed attention to the conditions of economic helplessness and dependency that continue to frustrate the development of at least two-thirds of the world's nations. Two and sometimes three decades of disappointing efforts to extricate themselves from dependency have begun to provoke serious reappraisals in many lands about the entire concept of development. Accordingly, the time ahead will surely be a period of growing cultural-communications struggle ・ intra- and inter - nationally ・ between those seeking the end of domination and those striving to maintain it. The intention of this work is to assist, in a very modest way, in the outcome of this struggle.

Changing Standards

Changing Standards
Author:
Publisher:
Total Pages: 322
Release: 1934
Genre: Social problems
ISBN:

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