Saturday, December 17, 2011

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Rights Gone Wrong: How Law Corrupts the Struggle for Equality [Hardcover]



Book Description
Publication Date: October 25, 2011
A New York Times Notable Book for 2011
Since the 1960s, ideas developed during the civil rights movement have been astonishingly successful in fighting overt discrimina­tion and prejudice. But how successful are they at combating the whole spectrum of social injustice—including conditions that aren’t directly caused by bigotry? How do they stand up to segregation, for instance—a legacy of racism, but not the direct result of ongoing discrimina­tion? It’s tempting to believe that civil rights litigation can combat these social ills as efficiently as it has fought blatant discrimination.

In Rights Gone Wrong, Richard Thompson Ford, author of the New York Times Notable Book The Race Card, argues that this is seldom the case. Civil rights do too much and not enough: opportunists use them to get a competitive edge in schools and job markets, while special-interest groups use them to demand special privileges. Extremists on both the left and the right have hijacked civil rights for personal advantage. Worst of all, their theatrics have drawn attention away from more seri­ous social injustices.

Ford, a professor of law at Stanford University, shows us the many ways in which civil rights can go terribly wrong. He examines newsworthy lawsuits with shrewdness and humor, proving that the distinction between civil rights and personal entitlements is often anything but clear. Finally, he reveals how many of today’s social injustices actually can’t be remedied by civil rights law, and demands more creative and nuanced solutions. In order to live up to the legacy of the civil rights movement, we must renew our commitment to civil rights, and move beyond them.

Product Details
Hardcover: 288 pages
Publisher: Farrar, Straus and Giroux; First Edition edition (October 25, 2011)
Language: English
ISBN-10: 0374250359
ISBN-13: 978-0374250355
Product Dimensions: 9.1 x 6.3 x 1 inches
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Tuesday, December 13, 2011

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New 4th edition of Information Privacy Law

Solove's 4th Edition is released.

This book surveys the field of information privacy law, with excerpts from the leading cases and scholarship. It covers privacy issues involving the media, health and genetic privacy, law enforcement, freedom of association, anonymity, identification, computers, records, cyberspace, home, school, workplace, and international privacy.

We designed INFORMATION PRIVACY LAW to serve both as a casebook and as a helpful reference tool for lawyers and privacy professionals.

Product Details
Hardcover: 1200 pages
Publisher: Aspen Publishers; 4 edition (December 8, 2011)
Language: English
ISBN-10: 0735510407
ISBN-13: 978-0735510401


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We Are All Weird, A Book Review




Seth Godin’s new book is a fantastic manifesto about our changing world and how it will affect all of us in the very near future. Society is changing from what he calls normal to weird; from mass-market to individualized manufacturing. Ford is a mass-market company that makes one F-150 to suit everyone whereas other companies focus on the weird by risking themselves to do something they love regardless of whether or not a bulk of the population will buy/use it. To clarify:


The mass marketer keeps missing the point. He’s busy looking for giant clumps instead of organizing to service and work with smaller tribes.

This new type of culture has many implications for education. If we, as teachers, administrators, policy makers, etc., continue down the path of trying to educate the masses, we will surely fail. Education is not an industry that can be successful when people try to set classroom policy that will affect 4 million children. This notion of having every child learn the same thing in the same will (and should) die. Not every child is the same and not every child has the same set of skills, background knowledge, passion, etc.


If you cater to the normal, you will disappoint the weird. And as the world gets weirder, that’s a dumb strategy.

Catering to the normal is exactly what our education system is doing today. We set children on a track (special education, technical prep, college prep, gifted, etc.) and then say that they must fit the mold of their particular track or they will be a failure. The adults determine the track, the adults determine who is “smart,” the adults determine whether you are going to succeed or not. Clearly, this must and will change as the world becomes more weird. There are very strong forces that will oppose this shift to weird:


And so the factory-for-the-production-of-normal works overtime to sanitize and corporatize and discipline our kids into normalcy.

There is a huge disconnect between the Secretary of Education and teachers and students. There is no way that Mr. Duncan can establish policies that will benefit every child when he does not have the opportunity to see every child:


The challenges of the education system are driven by our distance from the problem, not by money. The disconnect is caused by our fervent desire for a return to normal, a normal we actually never had. Why are we puzzled that in a world filled with change, a static, history-based approach is not working out so well? … The simple alternative to our broken system of education is to embrace the weird. To abandon normal. To acknowledge that our factories don’t need so many cogs, so many compliant workers, so many people willing to work cheap. It’s simple, but it’s not easy.

The very students we are creating with our system are the very students who will live the rest of their lives unnoticed. The most successful people in the world, many times, think differently from other people. They are creative and use their creativity to solve everyday problems. We kill this creativity in our school system. If we want to mold students that society and companies want, we need to allow the students to be themselves and not to fit a prefabricated mold that we used 150 years ago.


My proposed solution is simple: don’t waste a lot of time and money pushing kids in directions they don’t want to go. Instead, find out what weirdness they excel at and encourage them to do that. Then get out of the way.

If you haven’t read We Are All Weird, you definitely need to. It’s only about 100 pages and full of amazing ways in which we are becoming more weird. These 100 pages will change how you look at the world.
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Monday, December 12, 2011

Book Recommendation: The Collapse of American Criminal Justice [Hardcover]



Book Description
Publication Date: September 30, 2011
Author: William J. Stuntz

The rule of law has vanished in America’s criminal justice system. Prosecutors now decide whom to punish and how severely. Almost no one accused of a crime will ever face a jury. Inconsistent policing, rampant plea bargaining, overcrowded courtrooms, and ever more draconian sentencing have produced a gigantic prison population, with black citizens the primary defendants and victims of crime. In this passionately argued book, the leading criminal law scholar of his generation looks to history for the roots of these problems—and for their solutions.

The Collapse of American Criminal Justice takes us deep into the dramatic history of American crime—bar fights in nineteenth-century Chicago, New Orleans bordellos, Prohibition, and decades of murderous lynching. Digging into these crimes and the strategies that attempted to control them, Stuntz reveals the costs of abandoning local democratic control. The system has become more centralized, with state legislators and federal judges given increasing power. The liberal Warren Supreme Court’s emphasis on procedures, not equity, joined hands with conservative insistence on severe punishment to create a system that is both harsh and ineffective.

What would get us out of this Kafkaesque world? More trials with local juries; laws that accurately define what prosecutors seek to punish; and an equal protection guarantee like the one that died in the 1870s, to make prosecution and punishment less discriminatory. Above all, Stuntz eloquently argues, Americans need to remember again that criminal punishment is a necessary but terrible tool, to use effectively, and sparingly.

Read it, highly recommended.

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