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Privatising the Public University: The Case Of Law
by Margaret ThorntonFirst Published in 2011. Routledge is an imprint of Taylor & Francis, an informa company.
Privatization: NOMOS LX (NOMOS - American Society for Political and Legal Philosophy #29)
by Jack Knight Melissa SchwartzbergA distinguished group of scholars explore the moral values and political consequences of privatization The 21st century has seen a proliferation of privatization across industries in the United States, from security and the military to public transportation and infrastructure. In shifting control from the state to private actors, do we weaken or strengthen structures of governance? Do state-owned enterprises promise to be more equal and fair than their privately-owned rivals? What role can accountability measures play in mediating the effects of privatization; and what role does coercion play in the state governance and control? In this latest installment from the NOMOS series, an interdisciplinary group of distinguished scholars in political science, law, and philosophy examine the moral and political consequences of transferring state-provided or state-owned goods and services to the private sector. The essays consider how we should evaluate the decision to privatize, both with respect to the quality of outcomes that might be produced, and in terms of the effects of privatization on the core values underlying democratic decision-making. Privatization also affects the structure of governance in a variety of important ways, and these essays evaluate the consequences of privatization on the state. Privatization sheds new light on these highly salient questions of contemporary political life and institutional design.
Privatization and Its Discontents: Infrastructure, Law, and American Democracy
by Matthew TitoloIn Privatization and Its Discontents, Matthew Titolo situates the contemporary debate over infrastructure in the long history of public–private governance in the United States. Titolo begins with Adam Smith's arguments about public works and explores debates over internal improvements in the early republic, moving to the twentieth-century regulatory state and public-interest liberalism that created vast infrastructure programs. While Americans have always agreed that creation and oversight of 'infrastructure' is a proper public function, Titolo demonstrates that public–private governance has been a highly contested practice throughout American history. Public goods are typically provided with both government and private actors involved, resulting in an ideological battle over the proper scope of the government sphere and its relationship to private interests. The course of that debate reveals that 'public' and 'private' have no inherent or natural content. These concepts are instead necessarily political and must be set through socially negotiated compromise.
The Privatization of Fraud Investigation: Internal Investigations by Fraud Examiners
by Petter GottschalkThis book discusses privatization of law enforcement in relation to suspected corporate crime and recommends guidelines for successful fraud examinations. There is a growing business for global auditing and local law firms to conduct internal investigations at client organizations when there is suspicion of white-collar misconduct and crime. This book reflects on the work by these private fraud examiners in terms of an evaluation of their investigation reports. The book brings an original theoretical and methodological approach to investigations of white-collar crime. It develops the theory of convenience as an explanation for motive, opportunity, and willingness to commit and conceal white-collar crime. This theory is then related to the case studies. Structured in such a way as to allow the reader to use the text as a nonsequential reference source or guide to a set of connected issues, the book illustrates the practice of privatization by cases and presents guidelines for successful fraud examination. As an investigation can lead to conviction and incarceration, this privatization of crime investigation feeds into the larger issue of privatization of policing. The work will be a valuable resource for students, academics, and practitioners working in the areas of Criminal Justice, Corporate Law, and Business.
Privatization, Vulnerability, and Social Responsibility: A Comparative Perspective (Gender in Law, Culture, and Society)
by Martha Albertson Fineman Ulrika Andersson Titti MattssonTaking a cross-cultural perspective, this book explores how privatization and globalization impact contemporary feminist and social justice approaches to public responsibility. Feminist legal theorists have long problematized divisions between the private and the political, an issue with growing importance in a time when the welfare state is under threat in many parts of the world and private markets and corporations transcend national boundaries. <p><P> Because vulnerability analysis emphasizes our interdependency within social institutions and the need for public responsibility for our shared vulnerability, it can highlight how neoliberal policies commodify human necessities, channeling unprofitable social relationships, such as caretaking, away from public responsibility and into the individual private family. This book uses comparative analyses to examine how these dynamics manifest across different legal cultures. By highlighting similarities and differences in legal responses to vulnerability, this book provides important insights and arguments against the privatization of social need and for a more responsive state.
Privatizing War
by Lindsey Cameron Vincent ChetailA growing number of states use private military and security companies (PMSCs) for a variety of tasks, which were traditionally fulfilled by soldiers. This book provides a comprehensive analysis of the law that applies to PMSCs active in situations of armed conflict, focusing on international humanitarian law. It examines the limits in international law on how states may use private actors, taking the debate beyond the question of whether PMSCs are mercenaries. The authors delve into issues such as how PMSCs are bound by humanitarian law, whether their staff are civilians or combatants, and how the use of force in self-defence relates to direct participation in hostilities, a key issue for an industry that operates by exploiting the right to use force in self-defence. Throughout, the authors identify how existing legal obligations, including under state and individual criminal responsibility should play a role in the regulation of the industry.
Privatizing War: A Moral Theory (War, Conflict and Ethics)
by William FeldmanThis book offers a comprehensive moral theory of privatization in war. It examines the kind of wars that private actors might wage separate from the state and the kind of wars that private actors might wage as functionaries of the state. The first type of war serves to probe the ad bellum question of whether private actors can justifiably authorize war, while the second type of war serves to probe the in bello question of whether private actors can justifiably participate in war. The cases that drive the analysis are drawn from the rich and complicated history of private military action, stretching back centuries to the Italian city-states whose mercenaries were reviled by Machiavelli. The book also takes up the hypothetical examples conjured by philosophers—the private protective agencies of Robert Nozick’s Anarchy, State, and Utopia, for example, and the private armies of Thomas More’s Utopia. The aim of this book is to propose a theory of privatization that retains currency not only in assessing current military engagements, but past and future ones as well. In doing so, it also raises a set of important questions about the very enterprise of war. This book will be of much interest to students of ethics, political philosophy, military studies, international relations, war and conflict studies, and security studies.
Privilege
by Guinevere Glasfurd'Tightly plotted and hugely readable' Jane Rogers, author of PROMISED LANDS'Marvellous . . . fans of immersive historical fiction, the 18th century, all things French and a dash of peril, this one's for you' Emily Brand, author of THE FALL OF THE HOUSE OF BYRON'Glasfurd deftly, elegantly captures this volatile world of impoverished attic rooms and gilded literary salons' DAILY MAIL'I thought of the books we carried and the hands that would one day hold them. The pages read, turned and discussed. And how the book would become thought and the thought then become the person gone out into the world. Let Gilbert try and put a stop to that.'After her father is disgraced, Delphine Vimond is cast out of her home in Rouen and flees to Paris. Into her life tumbles Chancery Smith, apprentice printer sent from London to discover the mysterious author of potentially incendiary papers marked only D. In a battle of wits with the French censor, Henri Gilbert, Delphine and Chancery set off in a frantic search for D's author. But who is D and does D even exist?Privilege is a story of adventure and mishap set against the turmoil of mid-18th century France at odds with the absolute power of the King who is determined to suppress opposition on pain of death. At a time when books required royal privilege before they could be published - a system enforced by the Chief Censor and a network of spies - many were censored or banned, and their authors harshly punished. Books that fell foul of the system were published outside France and smuggled back in at great risk.Costa-shortlisted author Guinevere Glasfurd has conjured a vibrant world of entitlement and danger, where the right to live and think freely could come at the highest cost.
Privilege
by Guinevere Glasfurd18th century France - a world of fountains and gilded porcelain, literary salons and spies... where the right to live and think freely could cost you your life....I thought of the books we carried and the hands that would one day hold them. The pages read, turned and discussed. The book returned to the shelf, taken down to be read again. The book become thought and the thought become the person and the person gone out into the world. Let Gilbert try and put a stop to that...Privilege is set in the 18th century France of an Enlightenment at odds with the absolute power of the King determined to suppress opposition on pain of death.Delphine Vimond flees to Paris after being cast out from her home in Rouen when her father is disgraced. Into her life tumbles Chancery Smith, apprentice printer from London, sent to discover the mysterious author of potentially seditious papers marked only D.In a battle of wits with the French censor, Henri Gilbert, Delphine and Chancery set off in a frantic search for D's author. But who is he - and does he even exist?A novel in defence of reason, humanism and hope.(P) 2022 Hodder & Stoughton Limited
Privilege and Punishment: How Race and Class Matter in Criminal Court
by Matthew ClairHow the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of colorThe number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts.Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice.Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.
Privilege-Resistant Policies in the Middle East and North Africa: Measurement and Operational Implications
by Syed Akhtar Mahmood Meriem Ait SlimaneRenewing the social contract, one of the pillars of the new World Bank Group strategy for the Middle East and North Africa, requires a new development model built on greater trust; openness, transparency, inclusive and accountable service delivery; and a stronger private sector that can create jobs and opportunities for the youth of the region. Recent analytic work trying to explain weak job creation and insufficient private sector dynamism in the region point to formal and informal barriers to entry and competition. These barriers privilege a few (often unproductive) incumbents who enjoy a competition-edge due to their connections or ability to influence policy making and delivery. Policy recommendations to date in the field of governance for private sector policymaking have been too general and too removed from concrete, actionable policy outcomes. This report proposes -for the first time- to fill this policy and operational gap by answering the following question: What good governance features should be instilled in the design of economic policies and institutions to help shield them from capture, discretion and arbitrary implementation? The report proposes an innovative conceptual and measurement framework that encapsulates the governance features that could shield policies from capture, discretion and arbitrary enforcement that limits competition. The report offers a menu of operational and technical entry-points to enhance privilege-resistant policy making in a concrete way, that is politically tractable in different country contexts.
Privilege Revealed: How Invisible Preference Undermines America (Critical America #48)
by Stephanie M. WildmanAffirmative action remains a hotly contested issue on our political landscape, yet the institutionalized systems of privilege which uphold the status quo remain unchallenged. Many Americans who advocate a merit-based, race-free worldview do not acknowledge the systems of privilege which benefit them. For example, many Americans rely on a social and sometimes even financial inheritance from previous generations. This inheritance, unlikely to be forthcoming if one's ancestors were slaves, privileges whiteness, maleness, and heterosexuality. In this important volume, scholars positioned differently with respect to white privilege examine how privilege of all forms manifests itself and how we can, and must, be aware of invisible privilege in our daily lives. Individual chapters focus on language, the workplace, the implications of comparing racism and sexism, race-based housing privilege, the dream of diversity and the cycle of exclusion, the rule of law and invisible systems of privilege, and the power of law to transform society.
Privity of Contract: The Impact of the Contracts (Lloyd's Commercial Law Library)
by Robert MerkinPrivity of Contract offers a unique perspective of how the Contracts (Rights of Third Parties) Act 1999 works in practice. Issues covered include: the operation of the doctrine of privity prior to its repeal; the scope and impact of the 1999 Act; and the operation of the 1999 Act in the most important commercial contexts to which it is applicable. It also incorporates discussion and the text of the Law Commission reports, whose proposals produced the bill that ultimately passed into law.
Pro: Reclaiming Abortion Rights
by Katha PollittA powerful argument for abortion as a moral right and social good by a noted feminist and longtime columnist for the nation. Forty years after the landmark Roe v. Wade ruling, "abortion" is still a word that is said with outright hostility by many, despite the fact that one in three American women will have terminated at least one pregnancy by menopause. Even those who support a woman's right to an abortion often qualify their support by saying abortion is a "bad thing," an "agonizing decision," making the medical procedure so remote and radioactive that it takes it out of the world of the everyday, turning an act that is normal and necessary into something shameful and secretive. Meanwhile, with each passing day, the rights upheld by the Supreme Court are being systematically eroded by state laws designed to end abortion outright. In this urgent, controversial book, Katha Pollitt reframes abortion as a common part of a woman's reproductive life, one that should be accepted as a moral right with positive social implications. In Pro, Pollitt takes on the personhood argument, reaffirms the priority of a woman's life and health, and discusses why terminating a pregnancy can be a force for good for women, families, and society. It is time, Pollitt argues, that we reclaim the lives and the rights of women and mothers.
Proactive Intelligence
by John J. Mcgonagle Carolyn M. VellaTraditionally, tapping into the power of competitive intelligence (CI) meant investing in the development of an internal CI unit or hiring outside consultants who specialized in CI. Proactive Intelligence: The Successful Executive's Guide to Intelligence offers an alternative: learn how to do it yourself and how to effectively manage the parts you cannot. The tools and techniques that will enable you to produce your own CI for your consumption are out there, and have been honed by decades of work. But, you cannot just adopt them - you have to adapt them. Why? Because, when you finish reading this book, you will be the data collector, the analyst, and the end-user. Traditional CI is premised on a reactive, two part relationship - a CI professional responding to what an end-user identifies as a need; by doing this yourself you can turn CI from being reactive to being proactive. As the decision-maker, you can get what CI you need, when you need it, and then use it almost seamlessly. Written by two of the foremost experts on CI, Proactive Intelligence: The Successful Executive's Guide to Intelligence: shows where and how CI can help you and your firm, provides practical guidance on how to identify what CI you need, how to find the data you need, and how to analyze it, and discusses how to apply CI to develop competitive- and career- advantages. Each chapter is supported by important references as well as by an additional list of resources to support and supplement your knowledge. Proactive Intelligence: The Successful Executive's Guide to Intelligence teaches you how to generate proactive intelligence and use it to advance your business and your career- making it an essential resource for managers and executives, as well as everyone who wishes to integrate CI into their daily work routine.
Proaktive Polizeiarbeit als Führungs- und Managementaufgabe: Grundlagen - Praxis - Perspektiven
by Christian BarthelDieser Sammelband zeigt, wie Bürgerorientierung und proaktive Polizeiarbeit im Organisationsalltag der Dienststellen wirksam und vor allem auf Dauer sichergestellt werden können. Beides gehört heute zum Selbstverständnis der Polizei, dennoch spielt Prävention im Alltag polizeilicher Dienststellen oft genug eine Nebenrolle. Zuspitzend könnte man sagen: Die Rede von der Bürgerorientierung dient mitunter zur Dekoration der Außen- und Schauseite der Organisation und die operative Beschäftigung mit der konkreten Präventionsarbeit, dem Dialog mit Bürgern und Sicherheitspartnern wird an die stellenmäßig gering ausgestatteten Kontaktbereichsbeamten delegiert. Die Autoren machen in ihren Beiträgen deutlich, wie entscheidend Führung für den Erfolg bürgerorientierter Polizeiarbeit ist. Führung und Management auf der Leitungsebene von Polizeiinspektionen, Revieren, Kommissariaten – also den Basisorganisationseinheiten der Polizei in der Fläche - sind die Bedingungen der Möglichkeit einer bürgerorientierten, präventiven und proaktiven Polizeiarbeit. Die Führungskräfte des Höheren Dienstes müssen die treibende Kraft für die strategische Ausrichtung und Entwicklung der Dienststelle sein, die erst die Bürgerorientierung als klugen Mix des gesamten polizeilichen Interventionsrepertoires gewährleistet.
Probable Cause (Gideon Page #2)
by Grif StockleyFormer Arkansas Public Defender Gideon Page (Expert Testimony, 1991), fired from his new firm, lucks into a high-profile case: defending black psychologist Andrew Chapman on a charge of manslaughter after Chapman tries aversive shock-therapy--without following institutional procedures, and with a cattle prod--on self-abusive teenager Pam Le Master, who shook off her orderly, Leon Robinson, and grabbed the inadequately insulated prod, killing herself. Though Gideon will have to deal with his share of revelations--Leon turns out to be a white supremacist who might have acted maliciously.
Probable Justice: Risk, Insurance, and the Welfare State
by Rachel Z. FriedmanDecades into its existence as a foundational aspect of modern political and economic life, the welfare state has become a political cudgel, used to assign blame for ballooning national debt and tout the need for personal responsibility. At the same time, it affects nearly every citizen and permeates daily life—in the form of pension, disability, and unemployment benefits, healthcare and parental leave policies, and more. At the core of that disjunction is the question of how we as a society decide who should get what benefits—and how much we are willing to pay to do so. Probable Justice traces a history of social insurance from the eighteenth century to today, from the earliest ideas of social accountability through the advanced welfare state of collective responsibility and risk. At the heart of Rachel Z. Friedman’s investigation is a study of how probability theory allows social insurance systems to flexibly measure risk and distribute coverage. The political genius of social insurance, Friedman shows, is that it allows for various accommodations of needs, risks, financing, and political aims—and thereby promotes security and fairness for citizens of liberal democracies.
Probate: A Self-help Guide
by Gordon BowleyThe majority of applications for probate that follow someone's death can be dealt with inexpensively by any reasonably intelligent person with time available and a little guidance. This easy-to-follow book clearly explains all the information you need to administer the deceased's estate; from dealing with the urgent practical matters to preparing and submitting the relevant forms, paying inheritance tax, and distributing the estate. You'll find specimen forms and letters and a list of useful addresses that will enable you to deal with it all yourself.
Probate
by Gordon BowleyThe majority of applications for probate that follow someone's death can be dealt with inexpensively by any reasonably intelligent person with time available and a little guidance. This easy-to-follow book clearly explains all the information you need to administer the deceased's estate; from dealing with the urgent practical matters to preparing and submitting the relevant forms, paying inheritance tax, and distributing the estate. You'll find specimen forms and letters and a list of useful addresses that will enable you to deal with it all yourself.
Probation, Mental Health and Criminal Justice: Towards Equivalence (Routledge Contemporary Issues in Criminal Justice and Procedure)
by Charlie Brooker and Coral SirdifieldThis collection of research and evaluation explores issues in mental health and probation across the globe. The volume offers insight into a wide range of interrelated topics that address the mental health and mental health needs of those under probation supervision. The chapters embrace a range of diverse mental health concerns. The underpinning assumption is that offenders should receive mental healthcare that is ‘equivalent’ to that received by the general population where this is appropriate. This overview is informed by perspectives from academics and practitioners based in England and the Republic of Ireland, and also includes the views of people with lived experience of the criminal justice system. Building upon and adding to the existing literature in this field, the book will be a valuable resource for academics and researchers as well as those training to work in, and currently working in, the criminal justice and mental health field, and would also be of interest to those working in related healthcare settings.
Probation, Parole, and Community Corrections Work in Theory and Practice: Preparing Students for Careers in Probation and Parole Agencies
by Kathryn MorganProbation, Parole, and Community Corrections Work in Theory and Practice is a comprehensive examination of probation, parole, and other correctional practices that are alternatives to incarceration. The textbook covers important topics related to community corrections, including an overview of correctional programs used as alternatives to incarceration (probation, parole, home confinement, and electronic monitoring); the history and development of community correctional practices; current controversies; and legal issues affecting probation, parole, and community correctional practices. <P><P> Critical thinking questions in each chapter along with case studies and case scenarios reflect the book’s balanced approach to examining community corrections. The emphasis on developing problem solving, report writing, and critical thinking skills makes this book an excellent choice for students who desire to enter the field. Students completing a course using this book will have not only an understanding of the dynamic forces of community corrections but also the skill competence that prepares them for entry-level positions in community corrections agencies.
Probing the Limits of Categorization: The Bystander in Holocaust History (War and Genocide #27)
by Christina Morina Krijn ThijsOf the three categories that Raul Hilberg developed in his analysis of the Holocaust—perpetrators, victims, and bystanders—it is the last that is the broadest and most difficult to pinpoint. Described by Hilberg as those who were “once a part of this history,” bystanders present unique challenges for those seeking to understand the decisions, attitudes, and self-understanding of historical actors who were neither obviously the instigators nor the targets of Nazi crimes. Combining historiographical, conceptual, and empirical perspectives on the bystander, the case studies in this book provide powerful insights into the complex social processes that accompany state-sponsored genocidal violence.
A Problem From Hell: American and the Age of Genocide
by Samantha Power<P>In 1993, as a 23-year-old correspondent covering the wars in the Balkans, I was initially comforted by the roar of NATO planes flying overhead. <P>President Clinton and other western leaders had sent the planes to monitor the Bosnian war, which had killed almost 200,000 civilians. But it soon became clear that NATO was unwilling to target those engaged in brutal "ethnic cleansing. " American statesmen described Bosnia as "a problem from hell," and for three and a half years refused to invest the diplomatic and military capital needed to stop the murder of innocents. <P> In Rwanda, around the same time, some 800,000 Tutsi and opposition Hutu were exterminated in the swiftest killing spree of the twentieth century. Again, the United States failed to intervene. This time U. S. policy-makers avoided labeling events "genocide" and spearheaded the withdrawal of UN peacekeepers stationed in Rwanda who might have stopped the massacres underway. <P>Whatever America's commitment to Holocaust remembrance (embodied in the presence of the Holocaust Museum on the Mall in Washington, D. C. ), the United States has never intervened to stop genocide. This book is an effort to understand why. <P> While the history of America's response to genocide is not an uplifting one, "A Problem from Hell" tells the stories of countless Americans who took seriously the slogan of "never again" and tried to secure American intervention. Only by understanding the reasons for their small successes and colossal failures can we understand what we as a country, and we as citizens, could have done to stop the most savage crimes of the last century. -Samantha <P><P> <B>Pulitzer Prize Winner</B>
The Problem of Blame: Making Sense of Moral Anger
by Kelly McCormickThis book makes a case for the permissibility of reactive blame – the angry, harmful variety. Blame is a thorny philosophical problem, as it is notoriously difficult to specify the conditions under which an agent is deserving of blame, is deserving of blame in the basic sense, and furthermore why this is so. Kelly McCormick argues that sharpening the focus to reactive, angry blame can both show us how best to characterize the problem itself, and suggest a possible solution to it, because even reactive blame is both valuable and deserved in the basic sense. Finally, McCormick shows how, despite the many facets of the dark side of blame, adopting an explicitly victim-centered approach highlights a powerful argument from empathy for retaining reactive blame and its attendant attitudes and practices.