Suchergebnisse

This commentary traces the genealogy of "theft of time," a newly discovered offence committed by employees against employers. A Foucauldian perspective is used to examine how truth claims from science, technology, and law constitute categories through which groups are sorted, classified, and censured: the processes of naming, blaming, and shaming. This commentary argues that to understand why some truth claims are heard and acted upon, while others are ignored or silenced, it is necessary to link the power/knowledge nexus to political economy, the structural dominance of capital, and the power relations thereby created and reinforced.

The dramatic clarification of segregation and diversity law -- Determining the legitimacy of laws that use racial/ethnic classifications -- Legal rationales relating to school segregation and diversity -- Empirical assessments of legal doctrine responding to school segregation and diversity -- Empirical assessments of the implementation of laws addressing school segregation and diversity -- Lessons from the law and empirical research addressing school segregation and diversity

"Convictions Without Truth sets out to determine whether and to what extent science and law may coexist in an institutional relationship that truthfully generates individualization through application of forensic testimony for charges relating to violations of criminal law. In the first two chapters, readers are exposed to contemporary unscientific forensic practices as juxtaposed to the evidentiary standard announced by the United States Supreme Court in Daubert v. Merrill Dow Pharmaceuticals, as well as scientific requirements for validity and reliability of expert witness testimony. The remaining chapters provide an explanation for retention of existing, though faulty, forensic practices by way of analysis of path dependency, the fixation of belief, and neuro and cognitive psychology. Through immanent critique and unmasking, the book deconstructs prevailing forensic practices through application of existing published documentation. The final chapter addresses the fixation of belief from the perspective of neuropsychology and cognitive psychology. Readers will gain an understanding of the current concerns relating to application of contemporary forensic practices ; current case law and federal rules guiding the introduction of expert witness testimony; and why it is that despite widely recognized concerns raised from within and outside of the criminal legal system, application of unscientific forensic practices continues., The book also shows how the criminal legal system is experiencing a paradigm shift due to dialectical juxtaposition of existing unscientific forensic practices with contemporary science. Readers are shown that because of its continued reliance upon unscientific forensic practices, the criminal legal system reveals its hegemonic commitment to social control through its willingness to accept "satisfying" as opposed to "truthful" results that generate wrongful convictions. Convictions Without Truth will be of particular interest to students, academics, and practitioners working within the criminal legal field. It will also appeal to those wanting to know more about forensics and criminal law"--

Comments on Patricia Wald's (2003) article on social science's utility to judges. In reviewing Wald's work, surprise is registered at her lack of attention to amicus curiae briefs for synthesizing, digesting, & presenting social science data for judges. It is then argued that Wald's ideas have implications for the choices that political scientists make if her view that judicial decisions would be well served if judges were better able to use social scientific evidence were shared. The relevance of "who judges" in terms of background is discussed, arguing that what judges know derives from their legal & judicial education; specialist training for judges is looked at briefly. It is concluded that political scientists can make themselves more accessible as public intellectuals to judges & employ institutional analysis to help guide the construction of the legal system for the best possible legal decision making. 21 References. J. Zendejas