Profiles Probabilities And Stereotypes

Author: Frederick F Schauer
Publisher: Harvard University Press
ISBN: 0674043243
Size: 49.36 MB
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"Frederick Schauer strives to analyze and resolve these prickly questions. As Schauer argues, there is good profiling and bad profiling.

How Law Knows

Author: Martha Merrill Umphrey
Publisher: Stanford University Press
ISBN: 9780804755252
Size: 65.93 MB
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"The chapters in this book were originally prepared ... during the 2004-2005 academic year."--Acknowledgments.

Security And Privacy

Author: John Kleinig
Publisher: ANU E Press
ISBN: 1921862580
Size: 22.15 MB
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This study is principally concerned with the ethical dimensions of identity management technology - electronic surveillance, the mining of personal data, and profiling - in the context of transnational crime and global terrorism. The ethical challenge at the heart of this study is to establish an acceptable and sustainable equilibrium between two central moral values in contemporary liberal democracies, namely, security and privacy. Both values are essential to individual liberty, but they come into conflict in times when civil order is threatened, as has been the case from late in the twentieth century, with the advent of global terrorism and trans-national crime. We seek to articulate legally sustainable, politically possible, and technologically feasible, global ethical standards for identity management technology and policies in liberal democracies in the contemporary global security context. Although the standards in question are to be understood as global ethical standards potentially to be adopted not only by the United States, but also by the European Union, India, Australasia, and other contemporary liberal democratic states, we take as our primary focus the tensions that have arisen between the United States and the European Union.

Suspect Race

Author: Jack Glaser
Publisher: Oxford University Press
ISBN: 0199708223
Size: 63.71 MB
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Until now, most discussion of racial profiling has given only fleeting consideration of its causes. Those causes are overwhelmingly psychological. In Suspect Race, social psychologist and public policy expert Jack Glaser leverages a century's worth of social psychological research to provide a clear understanding of how stereotypes, even those operating outside of conscious awareness or control, can cause police to make discriminatory judgments and decisions about who to suspect, stop, question, search, use force on, and arrest. Glaser argues that stereotyping, even nonconscious stereotyping, is a completely normal human mental process, but that it leads to undesirable discriminatory outcomes. Police officers are normal human beings with normal cognition. They are therefore influenced by racial stereotypes that have long connected minorities with aggression and crime. Efforts to merely prohibit racial profiling are inadequate. Additionally, Glaser finds evidence that racial profiling can actually increase crime, and he considers the implications for racial profiling in counterterrorism, finding some similarities and some interesting differences with drug war profiling. Finally, he examines the policy landscape on which racial profiling resides and calls for improved data collection and supervision, reduced discretion, and increased accountability. Drawing on criminology, history, psychological science, and legal and policy analysis, Glaser offers a broad and deep assessment of the causes and consequence of racial profiling. Suspect Race brings to bear the vast scientific literature on intergroup stereotyping to offer the first in-depth and accessible understanding of the primary cause of racial profiling, and to explore implications for policy.

Against Prediction

Author: Bernard E. Harcourt
Publisher: University of Chicago Press
ISBN: 9780226315997
Size: 65.81 MB
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From random security checks at airports to the use of risk assessment in sentencing, actuarial methods are being used more than ever to determine whom law enforcement officials target and punish. And with the exception of racial profiling on our highways and streets, most people favor these methods because they believe they’re a more cost-effective way to fight crime. In Against Prediction, Bernard E. Harcourt challenges this growing reliance on actuarial methods. These prediction tools, he demonstrates, may in fact increase the overall amount of crime in society, depending on the relative responsiveness of the profiled populations to heightened security. They may also aggravate the difficulties that minorities already have obtaining work, education, and a better quality of life—thus perpetuating the pattern of criminal behavior. Ultimately, Harcourt shows how the perceived success of actuarial methods has begun to distort our very conception of just punishment and to obscure alternate visions of social order. In place of the actuarial, he proposes instead a turn to randomization in punishment and policing. The presumption, Harcourt concludes, should be against prediction.

Taking Liberties

Author: Susan N. Herman
Publisher: Oxford University Press
ISBN: 0199911983
Size: 45.44 MB
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In this eye-opening work, the president of the ACLU takes a hard look at the human and social costs of the War on Terror. Over a decade after 9/11, it is far from clear that the government's hastily adopted antiterrorist tactics--such as the Patriot Act--are keeping us safe, but it is increasingly clear that these emergency measures in fact have the potential to ravage our lives--and have already done just that to countless Americans. From the Oregon lawyer falsely suspected of involvement with terrorism in Spain to the former University of Idaho football player arrested on the pretext that he was needed as a "material witness" (though he was never called to testify), this book is filled with unsettling stories of ordinary people caught in the government's dragnet. These are not just isolated mistakes in an otherwise sound program, but demonstrations of what can happen when our constitutional protections against government abuse are abandoned. Whether it's running a chat room, contributing to a charity, or even urging a terrorist group to forego its violent tactics, activities that should be protected by the First Amendment can now lead to prosecution. Blacklists and watchlists keep people grounded at airports and strand American citizens abroad, although these lists are rife with errors--errors that cannot be challenged. National Security Letters allow the FBI to demand records about innocent people from libraries, financial institutions, and internet service providers without ever going to court. Government databanks now brim with information about every aspect of our private lives, while efforts to mount legal challenges to these measures have been stymied. Barack Obama, like George W. Bush, relies on secrecy and exaggerated claims of presidential prerogative to keep the courts and Congress from fully examining whether these laws and policies are constitutional, effective, or even counterproductive. Democracy itself is undermined. This book is a wake-up call for all Americans, who remain largely unaware of the post-9/11 surveillance regime's insidious and continuing growth.

Freedom Of Contract And Paternalism

Author: P. Cserne
Publisher: Springer
ISBN: 1137000325
Size: 79.43 MB
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A theoretical discussion and internal critique of mainstream law and economics scholarship, especially as it approaches the issue of paternalism. Cserne discusses how, and to what extent, economic analysis can explain and/or justify the limitations on freedom of contract, with special emphasis on paternalism.

Symposium

Author: Benjamin N. Cardozo School of Law
Publisher:
ISBN:
Size: 72.44 MB
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