Our Non-Christian Nation: How Wiccans, Satanists, Atheists, and Other Non-Christians are Demanding Their Rightful Place in American Public Life
Less and less Christian demographically, America is now home to an ever-larger number of people who say they identify with no religion at all. These non-Christians have increasingly been demanding their full participation in public life, bringing their arguments all the way to the Supreme Court. The law is on their side, but that doesn't mean that their attempts are not met with suspicion or outright hostility. In Our Non-Christian Nation, Jay Wexler travels the country to engage the non-Christians who have called on us to maintain our ideals of inclusivity and diversity. With his characteristic sympathy and humor, he introduces us to the Summum and their Seven Aphorisms, a Wiccan priestess who would deck her City Hall with a pagan holiday wreath, and other determined champions of free religious expression. As Wexler reminds us, anyone who cares about pluralism, equality, and fairness should support a public square filled with a variety of religious and nonreligious voices. The stakes are nothing short of long-term social peace.
Kathryn Zeiler and Joshua Teitelbaum
The field of behavioral economics has contributed greatly to our understanding of human decision making by refining neoclassical assumptions and developing models that account for psychological, cognitive, and emotional forces. The field’s insights have important implications for law. This Research Handbook offers a variety of perspectives from renowned experts on a wide-ranging set of topics including punishment, finance, tort law, happiness, and the application of experimental literatures to law. It also includes analyses of conceptual foundations, cautions, limitations and proposals for ways forward.
The leading scholars of law, economics, and psychology featured in this Research Handbook use their insights to synthesize and contribute to the extant research at the intersection of behavioral economics and key areas of law, and to demonstrate methods for effective original research. With synthetic literature reviews and original research, conceptual overviews and critical perspectives, as well as topic-specific chapters, it provides a strong overview of this burgeoning field.
Law and economics scholars, behavioral law scholars, and behavioral economists and psychologists dealing with law, judgement and decision-making will appreciate this Research Handbook’s dedication to applicable research, and judges, lawmakers, policy advocates and regulators will note its important practical implications for law and public policy.
Habermas and Law makes accessible the most important essays in English that deal with the application to law of the work of major philosophers for whom law was not a main concern. It encompasses not only what these philosophers had to say about law but also brings together essays which consider those aspects of the work of major philosophers which bear on our interpretation and assessment of current law and legal theory. The essays are based on scholarly study of particular philosophers and deal with both the nature and role of law and the application of philosophy to specific areas of law.
Khiara M. Bridges
The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy. The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state―both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance―rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.
How does one prove the law? If your neighbor breaks your window, the law regulates how you can show your claim to be true or false; but how do you prove that in breaking your window your neighbor has broken the law? American jurisprudence devotes an elaborate body of doctrine—and an equally elaborate body of accompanying scholarly commentary—to worrying about how to prove facts. It establishes rules for the admissibility of evidence, creates varying standards of proof, and assigns burdens of proof that determine who wins or loses when the facts are unclear. But the law is shockingly inexplicit when addressing these issues with respect to the proof of legal claims. Indeed, the entire language of evidentiary proof, so sophisticated when it comes to questions of fact, is largely absent from the American legal system with respect to questions of law.
As Gary Lawson shows, legal claims are inherently objects of proof, and whether or not the law acknowledges the point openly, proof of legal claims is just a special case of the more general norms governing proof of any claim. As a result, similar principles of evidentiary admissibility, standards of proof, and burdens of proof operate, and must operate, in the background of claims about the law. This book brings these evidentiary principles for proving law out of the shadows so that they can be analyzed, clarified, and discussed. Viewing legal problems through this lens of proof illuminates debates about everything from constitutional interpretation to the role of stipulations in litigation. Rather than prescribe resolutions to any of those debates, Evidence of the Law instead provides a set of tools that can be used to make those debates more fruitful, whatever one’s substantive views may be. As lawyers, judges, and legal subjects confront uncertainty about what the law is, they can, should, and must, Lawson argues, be guided by the same kinds of abstract considerations, structures, and doctrines long used to make determinations about questions of fact.
Gary Lawson and Guy I. Seidman
What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of “We the People” and its “posterity.” What follows from this particular conception of the Constitution—and is of greater importance—is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government.
In mapping out what these imperatives might mean—such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitutions beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.
This book identifies and explores the major problems now under discussion in law school courses typically denominated “Federal Courts” or “Federal Jurisdiction.” It anticipates the questions that law faculty are likely to raise in class and gives students a head start in building satisfying responses. This book also functions as an update of Professor Yackle’s previous book, entitled Federal Courts.
Jack M. Beermann
Emanuel CrunchTime provides a comprehensive topic breakdown and critical information review all in one tool. The application flow charts can be used all semester long, but the capsule summaries are ideal for exam preparation. Each title offers capsule summaries of major points of law and critical issues, exam tips for identifying common traps and pitfalls, multiple choice-questions with answers, short-answer practice questions with answers, and essay questions with model answers.
Jack M. Beermann
The most trusted name in law school outlines, Emanuel® Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steve Emanuel while a law student at Harvard, these course outlines have been carefully revised and updated by Steve for over 30 years and have been relied on by generations of law students. Each book includes both capsule and detailed outline-format explanations and discussions of the critical issues, key topics, and cases you must know to master the course. Also included are exam questions with model answers, an alphabetical list of cases, and a table correlating the Emanuel®Law Outline to the leading casebooks.
Anna di Robilant, John Witte Jr., and Sara McDougall
Renowned legal historian, Charles Donahue, serves as the inspiration for this volume of essays covering a range of topics of interest to legal historians, legal scholars, and others. Inspired by Donahue's insights into the value of understanding both text and context, this volume brings together 26 contributions from leading historians in Europe and North America.
James E. Fleming, Linda C. McClain, Stephen Macedo, and Sotirios A. Barber
Considerably shorter than other casebooks, this accessible and engaging title focuses on the controversies over constitutional interpretation leading up to the United States Supreme Court's holdings in Lawrence v. Texas (2003) and Obergefell v. Hodges (2015): namely, that the Constitution's commitments to liberty and equal protection encompass rights of same-sex intimacy and marriage. It also takes up emerging conflicts between protection of constitutional rights for gay men and lesbians, on the one hand, and First Amendment claims of freedom of association and religious liberty by persons who oppose protection of such rights, on the other. This book will be suitable as either the basic text of a one-semester course or as a supplementary text for courses in civil liberties.
With five original scholarly essays written by esteemed constitutional scholars, this book looks beyond judicial doctrine and asks whether the current constitutional status of gay rights is consistent with principles that trace back to the American Founding and the Civil War Amendments and that continue to animate American politics.
Tamar Frankel and Arthur B. Laby
Widely regarded as the most comprehensive and penetrating analysis of the regulation surrounding investment advisers and companies, The Regulation of Money Managers, Third Edition provides unsurpassed guidance for legal counsel in the field.
Newly revised in a four-volume looseleaf format, The Regulation of Money Managers, Third Edition keeps you up-to-date with all significant new and proposed SEC rules, no-action letters, and interpretive releases, as well as important cases and relevant regulation from other agencies. The Third Edition adds three new chapters on compliance, exchange-traded funds, and the extraterritorial regulation of investment advisers and investment companies.
Cases and Materials on Employment Discrimination and Employment Law: The Field as Practiced, 5th ed.
Michael Harper, Samuel Estreicher, and Elizabeth Tippett
Coauthored by two reporters from the recently released Restatement on Employment Law and Professor Tippett from the University of Oregon, this casebook provides considerable flexibility for an instructor teaching employment discrimination law, employment law, or a combination of both topics. It includes an in-depth treatment of Title VII, the ADA, and the ADEA, as well as a new chapter on discrimination against sexual minorities. It introduces the concept of employment-at-will, and contractual and tort-based exceptions. This casebook also provides an overview of laws relating to workplace injuries and employee benefits, as well as chapters on wage and hour law and employee classification or misclassification. It also includes a chapter on employee duties to the employer. A chapter on privacy reflects recent legislative initiatives at the state level, and an analysis of electronic intrusions by the employer.
Interspersed throughout are excerpts from the Restatement of Employment Law and “Practitioner Perspectives,” in which leading practitioners describe their day-to-day work and area of specialization. Cases are accompanied by notes that test a student’s basic understanding of the material (labeled “Test Your Understanding of the Material”), as well as informative notes providing context.
Michael Harper, Samuel Estreicher, and Elizabeth Tippett
Coauthored by two reporters from the recently released Restatement on Employment Law and Professor Tippett from the University of Oregon, this casebook provides rigorous coverage of all major areas of employment discrimination law. It includes chapters examining disparate treatment and disparate impact under Title VII and the ADEA. The casebook covers sex discrimination in depth, and includes a new chapter on discrimination against sexual minorities. A separate chapter is devoted to the ADA and the duty of reasonable accommodation. The casebook also examines religious discrimination, affirmative action, and retaliation for the assertion of statutory rights.
Interspersed throughout are excerpts from the Restatement of Employment Law and “Practitioner Perspectives,” in which leading practitioners describe their day-to-day work and area of specialization. Cases are accompanied by notes that test a student’s basic understanding of the material (labeled “Test Your Understanding of the Material”), as well as informative notes providing context.
Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.
- Completely up to date with developments in modern tort law
- Introduces students to analytical tools such as cost-benefit analysis, basic game theory, and present value calculations
- Develops critical thinking skills through nuanced discussion of policy rationales
This casebook emphasizes current doctrine and its historical evolution in exploring the four basic foundations of federal administrative law: separation of powers, statutorily- and constitutionally-required procedures for agency adjudication and rulemaking, scope of judicial review of agency action, and the availability and timing of judicial review. The book concentrates on federal rather than state administrative law in order to provide the fundamental knowledge and concepts necessary to understand the subject, on the belief that an understanding of federal law can be translated into other settings. The book also maintains the straightforward organization and don’t-hide-the-ball presentation that has characterized the book since its inception. The Seventh Edition contains five new principal cases, eight major new note cases, ten shorter new note cases, and updated treatments of all major topics. It also includes a revised Chapter I that includes an extended treatment of statutory interpretation to accommodate the increasing inclusion of Administrative Law in the first-year curriculum.
Robert D. Sloane and Michael J. Glennon
Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.
Fred Tung and Mark J. Roe
This casebook for a basic bankruptcy course takes a deal-oriented finance approach to bankruptcy, with a focus on business bankruptcy. The student will not only learn the major elements of bankruptcy and corporate reorganization in chapter 11 of the Bankruptcy Code, but also the major facets of bankruptcy that influence financing transactions. The hidden message behind these materials is how to understand complex financial deal-making and how to integrate finance with law, in the context of bankruptcy.
When God is Not Green: A World-wide Journey to Places Where Religious Practice and Environmentalism Collide
In this lively, round-the-world trip, law professor and humorist Jay Wexler explores the intersection of religion and the environment.
Did you know that
- In Hong Kong and Singapore, Taoists burn paper money to appease “hungry ghosts,” filling the air with smoke and dangerous toxins?
- In Mumbai, Hindus carry twenty-foot-tall plaster of Paris idols of the elephant god Ganesh into the sea and leave them on the ocean floor to symbolize the impermanence of life, further polluting the scarce water resources of western India?
- In Taiwan, Buddhists practicing “mercy release” capture millions of small animals and release them into inappropriate habitats, killing many of the animals and destroying ecosystems?
- In Central America, palm frond sales to US customers for Palm Sunday celebrations have helped decimate the rain forests of Guatemala and southern Mexico?
- In New York, Miami, and other large US cities, Santeria followers sprinkle mercury in their apartments to fend off witches, poisoning those homes for years to come?
- In Israel, on Lag B’omer, a holiday commemorating a famous rabbi, Jews make so many bonfires that the smoke can be seen from space, and trips to the emergency room for asthma and other pulmonary conditions spike?
Law professor and humorist Jay Wexler travels the globe in order to understand the complexity of these problems and learn how society can best address them. He feasts on whale blubber in northern Alaska, bumps along in the back of a battered jeep in Guatemala, clambers down the crowded beaches of Mumbai, and learns how to pluck a dead eagle in Colorado, all to answer the question “Can religious practice and environmental protection coexist?”
Jack Beermann, Colin S. Diver, Ronald A. Cass, and Jody Freeman
This outstanding author team presents administrative law as a vital force in policymaking, law enactment, and politics.
Look for these key features of the new edition:
• Addition of important new cases on recess appointments, Chevron Step Two, “Seminole Rock” deference, occupational licensing, and FOIA Exemption 2
• Substantial enrichment of materials on formal adjudication under the APA
• Splitting of the policymaking chapter into two chapters (choice of policymaking instruments and rulemaking) for greater clarity and teaching flexibility
• Updating and streamlining of the materials on licensing
• Presentation of important classic and secondary cases in squib format
• Substantial streamlining, condensing, and reorganizing of background notes
James E. Fleming
In recent years, some have asked "Are we all originalists now?" and many have assumed that originalists have a monopoly on concern for fidelity in constitutional interpretation. In Fidelity to Our Imperfect Constitution, James Fleming rejects originalisms-whether old or new, concrete or abstract, living or dead. Instead, he defends what Ronald Dworkin called a "moral reading" of the United States Constitution, or a "philosophic approach" to constitutional interpretation. He refers to conceptions of the Constitution as embodying abstract moral and political principles-not codifying concrete historical rules or practices-and of interpretation of those principles as requiring normative judgments about how they are best understood-not merely historical research to discover relatively specific original meanings. Through examining the spectacular concessions that originalists have made to their critics, he shows the extent to which even they acknowledge the need to make normative judgments in constitutional interpretation. Fleming argues that fidelity in interpreting the Constitution as written requires a moral reading or philosophic approach. Fidelity commits us to honoring our aspirational principles, not following the relatively specific original meanings (or original expected applications) of the founders. Originalists would enshrine an imperfect Constitution that does not deserve our fidelity. Only a moral reading or philosophic approach, which aspires to interpret our imperfect Constitution so as to make it the best it can be, gives us hope of interpreting it in a manner that may deserve our fidelity.
Tamar Frankel and Kenneth E. Burdon
Investment companies and investment advisory services have become a significant part of the financial system. They host and manage most of the retirement assets in this country and have spread their services abroad as well. This case book is designed to prepare students to practice in this area, including sensitizing students to the possible changes in money management and the legal adjustments to these changes.
This book deals with the laws governing investment companies: their creation, structure, corporate governance, operations (including the distribution of shares and the management of the portfolios) and dissolution. In particular, this case book focuses on new structures that have evolved in this area, such as ETFs and money market funds.
The purpose of this book is to prepare students, and lawyers who are not familiar with the subject area, to provide effective advice. In addition, it focuses on practicing in this area before the Securities and Exchange Commission.
Maureen O'Rourke, Julie E. Cohen, Lydia Pallas Loren, and Ruth L. Okediji
Copyright in a Global Information Economy explores the full range of copyright law and its relationship to technological innovations and globalization. Written with precision and clarity, this ambitious yet manageable casebook elucidates the fundamental disputes of copyright law with incisive and balanced perspective. The book features comprehensive coverage of domestic and international copyright law, a balanced treatment of controversial issues, as well as a wide selection of concisely edited cases, engaging and practical examples and discussions, and photographs that facilitate and stimulate discussion of cases.
Key Features of the New Edition
- Reorganization of materials on the copyright owner s exclusive rights
- New section on copyright due diligence, licensing, and litigation
- Updated, streamlined notes and questions
- Practice exercises designed to engage students from a variety of perspectives including advocacy, client counseling, and legislative Drafting
International Commercial Arbitration: Cases, Materials and Notes on the Resolution of International Business Disputes, 2nd ed.
William Park, W. Michael Reisman, W. Laurence Craig, and Jan Paulsson
International Commercial Arbitration tracks every phase of the international commercial arbitral process, including designing arbitration agreements, jurisdictional issues, policies with respect to arbitrability, choosing arbitrators, arbitral proceedings, professional ethics of arbitrators and counsel, conflicts of interest, control mechanisms, and enforcement of awards.
Like many men his age, Ed Tuttle is having a mid-life crisis. He is bored with his job, uncertain about his faith, and unable to find love in the wake of divorce. Unlike most other men his age, however, Ed Tuttle is a justice on the United States Supreme Court.
As the swing vote in one of the most contentious terms in recent memory, Justice Tuttle holds the future of the nation in his hands, a tall order for someone who can barely make it through a weekend without making a monumental life mistake.
In this hilarious and poignant debut novel, Jay Wexler—law professor, humor writer, and former law clerk to Justice Ruth Bader Ginsburg—reminds us that power is wielded by real, often emotionally fragile people and that nobody, regardless of how successful, powerful, rich, intelligent, lucky, or influential they may be, is immune from the feelings of restlessness, doubt, and anxiety that are inherent in living in the modern world.
Susan Akram and Tom Syring
This book focuses on the common features of protracted refugee situations. It is a critical examination of the reasons underlying the extended nature of those crises, as well as potential solutions to them.
The book addresses war and armed conflict, environmental change and natural disasters, statelessness and protection gaps, among other elements, as common origins of refugee crises. It analyzes the root causes of some of the longest-standing unresolved refugee situations in the world today (including, but not limited to, the cases of Palestinians, Sahrawis, and Tibetans), addressing the particular political and legal tensions undermining solutions to them.
The book comprises contributions from some of the leading scholars and practitioners in the field of international refugee, human rights and humanitarian law, and international relations.
Daniel M. Berman and Victoria J. Haneman
This book explores the process of making U.S. tax law and examines the ways in which considerations of tax policy, tax politics, and tax administration intersect and contribute to the development of law through the legislative process, the promulgation of regulations and other administrative guidance, and the negotiation and ratification of tax treaties. The book provides detailed information regarding the legislative process that has not been published in other resources. This insider’s look into the workings of the government is derived from Berman’s twenty-five-year career as a Washington, D.C. tax attorney. The book uses tax legislation as a substantive backdrop for considering the legislative process and is suited for use in J.D.- or LL.M.-level courses such as Making Tax Law, Legislation, or Federal Regulatory and Legislative Practice Seminar.
James E. Fleming and Jacob T. Levy
In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.
Michael Harper, Samuel Estreicher, Matthew T. Bodie, and Stewart J. Schwab
The result of nearly a decade of work by eminent scholars, judges, and practicing lawyers, this new volume clarifies employment law today.
This publication provides concise and clear rules and analysis on issues specific to the employment relationship, including contracts, termination, compensation, benefits, tort liability, wrongful discharge in violation of public policy, defamation, wrongful interference, misrepresentation, autonomy, privacy, employee obligations, restrictive covenants, and remedies.
Despite being a significant segment of the economy, the discipline of health law is relatively new. This is particularly evident in many law schools where health law is still not represented by a full-time faculty member. Some of these schools either do not teach any courses in the area or rely primarily on adjuncts. For those unfamiliar with the discipline, it can be difficult to understand its content and breadth, which becomes a particular challenge to faculties that want to hire a health law professor for the first time, or for academic deans attempting to identify appropriately qualified adjuncts. Meanwhile, employers seeking to hire health lawyers face difficulties in finding candidates with the practical skills and experience required to fulfill their health law needs. These challenges are made all the more difficult by the frequent and expansive changes in the laws that govern the area and a struggling economy that has resulted in less employers willing to hire and train attorneys new to the bar.
Given the increased importance of health law to the country, and with an understanding that health law is one of the few areas of the legal economy that continues to grow, the American Health Lawyers Association (AHLA) has collaborated with several health law academics and practicing attorneys to create a resource that will support law schools in their health law curricular development. The goal of the collaboration is to aid schools in producing students substantively ready to practice health law upon graduation and support their efforts to integrate skills development into their curricula. In addition, for those schools interested in beginning or expanding their health law programs, we hope the collaboration will aid in identifying qualified full-time and adjunct health law professors.
This resource first discusses health law curricula from both the academic and employer perspectives. It then provides health law curricula guidance that was developed on the basis of these perspectives and addresses best practices for health law clinics and externships. It also addresses potential state-specific issues and options for law schools to form an alliance with AHLA, along with a state survey that reveals which states may have formally defined the “practice of health law” or which ones certify health law as a specialty. The appendices provide problem sets and a teacher’s manual that can be used in health law courses to develop practical skills; general statistics about law schools that offer health law courses, and states that require pro bono services in order for an attorney to maintain her license. Ultimately, we hope this resource represents the beginning of a long-term collaboration that will foster greater development of, and continuous improvement in, health law curricula.
Michael Baram, Ortwin Renn, and Preben Hempel Lindøe
This book evaluates and compares risk regulation and safety management for offshore oil and gas operations in the United States, United Kingdom, Norway, and Australia. It provides an interdisciplinary approach with legal, technological, and sociological perspectives on their efforts to assess and prevent major accidents and improve safety performance offshore. Presented in three parts, the volume begins with a review of the technical, legal, behavioral, and sociological factors involved in designing, implementing, and enforcing a regulatory regime for industrial safety. It then evaluates the four regulatory regimes that encompass the cultural, legal, and other contextual factors that influence their design and implementation, along with their reliance on industrial expertise and standards and the use of performance indicators. The final section presents an assessment of the resilience of the Norwegian regime and its capacity to keep pace with new technologies and emerging risks, respond to near miss incidents, encourage safety culture, incorporate vested rights of labor, and perform inspection and self-audit functions. This book is highly relevant for those in government, business, academia, and elsewhere in civil society who are involved in offshore safety issues, including regulatory authorities and industrial safety professionals.
James E. Fleming, Walter F. Murphy, Sotirios A. Barber, and Stephen Macedo
Keith Hylton and Ronald A. Cass
While innovative ideas and creative works increasingly drive economic success, the historic approach to encouraging innovation and creativity by granting property rights has come under attack by a growing number of legal theorists and technologists. In Laws of Creation, Ronald Cass and Keith Hylton take on these critics with a vigorous defense of intellectual property law. The authors look closely at the IP doctrines that have been developed over many years in patent, copyright, trademark, and trade secret law. In each area, legislatures and courts have weighed the benefits that come from preserving incentives to innovate against the costs of granting innovators a degree of control over specific markets. Over time, the authors show, a set of rules has emerged that supports wealth-creating innovation while generally avoiding overly expansive, growth-retarding licensing regimes.
These rules are now under pressure from detractors who claim that changing technology undermines the case for intellectual property rights. But Cass and Hylton explain how technological advances only strengthen that case. In their view, the easier it becomes to copy innovations, the harder to detect copies and to stop copying, the greater the disincentive to invest time and money in inventions and creative works. The authors argue convincingly that intellectual property laws help create a society that is wealthier and inspires more innovation than those of alternative legal systems. Ignoring the social value of intellectual property rights and making what others create and nurture “free” would be a costly mistake indeed.
African Parliamentary Knowledge Network Legislative Handbook: Using Evidence to Design and Assess Legislation
Sean J. Kealy
The African Parliamentary Knowledge Network’s mission is to increase the capacity and effectiveness of Parliaments by improving the skills of the parliamentarians and their staff. The APKN provides both a platform for sharing information between legislative bodies and by developing tools aimed at improving the quality of legislation. A significant accomplishment of the APKN to date has been the creation of the Drafting Guidelines, which offer instruction on the technical aspects of legislative drafting. To complement the Guidelines, this handbook is meant to offer instruction and advice on designing and assessing legislation through the use of an evidence-based methodology. The Handbook has been supported by the Africa i-Parliament Action Plan, a project funded by United Nations Department of Economic and Social Affairs.
Gary Lawson, Geoffrey P. Miller, Robert G. Natelson, and Guy I. Seidman
The Necessary and Proper Clause is one of the most important parts of the US Constitution. Today this short thirty-nine-word paragraph is cited as the legal foundation for much of the modern federal government. Through three independent lines of research, the authors trace the lineage of the Necessary and Proper Clause to the everyday law of the Founding Era - the same law that American founders such as Madison, Hamilton, and Washington applied in their daily lives. Origins of the Necessary and Proper Clause are found in law-governing agencies, public administration, and corporations. Moreover, all of those areas were undergirded by common principles of fiduciary responsibility - reflecting the Founders' view that a public office is truly a public trust. This explains the choice of language in the clause and provides clues about its meaning. This book thus serves as a reference source for scholars seeking to understand the intellectual foundations of one of the Constitution's most important clauses.
- This is the only book devoted to the intellectual origins of the Necessary and Proper Clause
- The book combines three independent lines of research that all intersect at key points
- Explores the origins of the Necessary and Proper Clause by looking to legal doctrines often ignored by constitutional scholars: agency law, administrative law, and corporate law
- A bold new account of morality in American history and law
- Written by a leading expert in the field
- Challenges social injustices from the nation's beginnings to the present day
- Illuminates the importance of moral judgment to political and legal theory
This landmark book looks at what it means to be a multiracial couple in the United States today. According to Our Hearts begins with a look back at a 1925 case in which a two-month marriage ends with a man suing his wife for misrepresentation of her race, and shows how our society has yet to come to terms with interracial marriage. Angela Onwuachi-Willig examines the issue by drawing from a variety of sources, including her own experiences. She argues that housing law, family law, and employment law fail, in important ways, to protect multiracial couples. In a society in which marriage is used to give, withhold, and take away status—in the workplace and elsewhere—she says interracial couples are at a disadvantage, which is only exacerbated by current law.
James E. Fleming
Throughout the history of moral, political, and legal philosophy, many have portrayed passions and emotions as being opposed to reason and good judgment. At the same time, others have defended passions and emotions as tempering reason and enriching judgment, and there is mounting empirical evidence linking emotions to moral judgment. In Passions and Emotions, a group of prominent scholars in philosophy, political science, and law explore three clusters of issues: “Passion & Impartiality: Passions & Emotions in Moral Judgment”; “Passion & Motivation: Passions & Emotions in Democratic Politics”; and “Passion & Dispassion: Passions & Emotions in Legal Interpretation.” This timely, interdisciplinary volume examines many of the theoretical and practical legal, political, and moral issues raised by such questions.
James E. Fleming and Sanford V. Levinson
Can theories of evolution explain the development of our capacity for moral judgment and the content of morality itself? If bad behavior punished by the criminal law is attributable to physical causes, rather than being intentional or voluntary as traditionally assumed, what are the implications for rethinking the criminal justice system? Is evolutionary theory and “nature talk,” at least as practiced to date, inherently conservative and resistant to progressive and feminist proposals for social changes to counter subordination and secure equality? In Evolution and Morality, a group of contributors from philosophy, law, political science, history, and genetics address many of the philosophical, legal, and political issues raised by such questions. This insightful interdisciplinary volume examines the possibilities of a naturalistic ethics, the implications of behavioral morality for reform of the criminal law, the prospects for a biopolitical science, and the relationship between nature, culture, and social engineering.
Charles Ponzi perpetrated his infamous scheme almost a hundred years ago. But his method of using new investments to pay existing investors and finance a highflying lifestyle is alive and well: just as much money is lost in the United States today from Ponzi schemes as from shoplifting. Somehow, con artists are able to dazzle wealthy, educated individuals and sophisticated institutions and convince them to hand over huge sums of money. How?
In The Ponzi Scheme Puzzle, renowned legal scholar Tamar Frankel explores these con artists' fascinating power of persuasion and deception, uncovering the subtle signals that mimic truth and honesty. After years of close study of hundreds of cases, Frankel explains the striking patterns that emerge and the common characteristics of the con artists and their victims. She offers clear yet comprehensive descriptions of the various designs of Ponzi schemers' attractive offers and flags the ways in which they mask their deception through specialized methods of advertising and selling. She then constructs lucid profiles of the con artists and their victims, exposing the core nature of the people at the heart of the schemes and showing how over time the lines between predator and prey are blurred. There are indeed many lessons to learn from these stories, and Frankel brings them to light through the insightful results of her research. She shows how peoples' attitudes are ambivalent and uncertain toward con artists, perhaps because their behavior is so seemingly honest, because they act like the social leaders with whom they are likely to mingle, or perhaps because their actions are thought to shake up a complacent society. Frankel concludes by offering a surprising solution on how to prevent charming, dangerous con artists from perpetuating the enduring, disastrous legacy of Charles Ponzi.
Keith Hylton and Alon Harel
Jeremy Bentham and Gary Becker established the tradition of analyzing criminal law in utilitarian and economic terms. This seminal book continues that tradition with specially commissioned, original papers that span the philosophical foundations of the use of economics in criminal law, both traditional economic perspectives and behavioral and experimental approaches to the discipline.
The contributors examine and evaluate the optimal design of criminal law norms as well as the ideal structure of law enforcement institutions. They delineate what wrongs ought to be criminalized, identify the boundaries between criminal law and tort, and determine the optimal size of sanctions given the differential vulnerability of victims. They also analyze the special considerations that apply to the regulation of corporate crime, the effects of technology on crime, and the effects of the distribution of wealth on sentencing.
This essential Handbook provides students and scholars of criminal law and law and economics the opportunity to explore the diversity of contemporary approaches to the economics of crime. Criminologists, sociologists and policymakers will also find it a valuable addition to their collections.
This casebook emphasizes current doctrine and its historical evolution in exploring the four basic foundations of federal administrative law: separation of powers, statutorily- and constitutionally-required procedures for agency adjudication and rulemaking, scope of judicial review of agency action, and the availability and timing of judicial review. The book concentrates on federal rather than state administrative law in order to provide the fundamental knowledge and concepts necessary to understand the subject, on the belief that an understanding of federal law can be translated into other settings. The book also maintains the straightforward organization and don't-hide-the-ball presentation that has characterized the book since its inception. The Sixth Edition contains seven new principal cases, thirteen new note cases, and updated treatments of all major topics.
The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the most frequently litigated constitutional issue in United States courts. Tracey Maclin's The Supreme Court and the Fourth Amendment's Exclusionary Rule traces the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court's thinking.
Based on original archival research into the private papers of retired Justices, Professor Maclin's analysis clarifies the motivations and thoughts that explain the Court's exclusionary rule jurisprudence. He includes a comprehensive scholarly and objective discussion of the reasoning behind the Court decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change. Ultimately, this book will help readers understand how constitutional law is constructed by judges with diverse political perspectives.
Arbitration of International Business Disputes 2nd edition is a fully revised and updated anthology of essays by Rusty Park, a leading scholar in international arbitration and a sought-after arbitrator for both commercial and investment treaty cases. This collection focuses on controversial questions in arbitration of trade, financial, and investment disputes.
The essays address some of the most interesting topics in cross-border business dispute resolution, many of which have endured over several decades and remain subject to radically different views. Examples include the proper role of judicial review, the allocation of jurisdictional tasks, evolution of arbitration's statutory and treaty framework, free trade and bilateral investment agreements, and the balance between fixed rules and arbitral discretion.
The book is structured around three themes: arbitration's legal framework; the conduct of arbitral proceedings; and a comparison of arbitration in specific fields such as finance, intellectual property, and taxation. In each of these areas, analysis includes the tensions between fairness and efficiency, and the accurate application of substantive law as well as the implications of mandatory procedural norms.
Augmented by more than a dozen new contributions and a revised introduction, this 2nd edition retains all of its earlier practical and scholarly relevance, and includes a Foreword by V. V. (Johnny) Veeder QC.
A zoo with only black and white animals. A camp where children are forced to gather clams or face a trip to the “hot box.” A Supreme Court Justice’s confirmation hearing presided over by the 1977 Kansas City Royals. The Adventures of Ed Tuttle, Associate Justice, and Other Stories transports the reader to these hilarious places and beyond. This is a world, according to Dan Kennedy, host of The Moth Storytelling Podcast, “where corporate cafeteria lunch servers blurt out Kierkegaard quotes to soften the hard luck of a low supply of the ‘lunch beans’ that two raging alcoholic white collar workers crave daily; a world where an HMO in-network dentist hovers over patients and instead of asking about their flossing habits or aches, asks what it is that they like best about him; a world where television sitcoms are set on death row. That’s nothing—that’s the tip of the iceberg.” These stories, illustrations, and other errata are as funny as they are strange, as wonderful as they are wacky.
For a variety of reasons, many of the Constitution’s more obscure passages never make it to any court and therefore never make headlines or even law school classrooms, which teach from judicial decisions. In this captivating and witty book, Jay Wexler draws on his extensive professional and educational backgrounds in constitutional law to demonstrate how these “odd clauses” have incredible relevance to our lives, our government’s structure, and the integrity of our democracy.
Ronald Wheeler and Nancy P. Johnson
This second edition (2012) of the Georgia State Documents Bibliography updates the 1991 edition by Rebecca Simmons Stillwagon. The strength of this bibliography is the extensive coverage of the historical documents. The documents included in this bibliography begin in the 1730s, with the charter from the English Crown. There is extensive coverage of the constitutions and codes throughout the years. The current edition emphasizes new publications, along with free and subscription based electronic resources.
For more in-depth and comprehensive coverage of current Georgia legal materials, please see the book, Georgia Legal Research by Nancy P. Johnson, Elizabeth G. Adelman, and Nancy J. Adams (Durham, NC: Carolina Academic Press, 2007). For a bibliography of Georgia practice materials, see Nancy P. Johnson and Ronald E. Wheeler, "Georgia Practice Materials: A Selective Annotated Bibliography," a chapter in State Practice Materials: Annotated Bibliographies (Frank G. Houdek, ed., Buffalo, N.Y.: William S. Hein, 2010). This 2012 edition includes all sources in the 1991 edition, therefore, researchers need to check the current 2012 edition only.
International Law and the Israeli-Palestinian Conflict: a Rights-Based Approach to Middle East Peace
Susan Akram, Michael Dumper, Michael Lynk, and Iain Scobbie
The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues.
Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict:
- Palestinian refugees
- legal and political frameworks
- the future of Palestine.
Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators.
Though many legal theorists are familiar with Jürgen Habermas's work addressing core legal concerns, they are not necessarily familiar with his earlier writings in philosophy and social theory. Because Habermas's later work on law invokes, without significant explanation, the whole battery of concepts developed in earlier phases of his career, even otherwise sympathetically inclined legal theorists face significant obstacles in evaluating his insights.
A similar difficulty faces those outside the legal academy who are familiar with Habermas's earlier work. While they readily comprehend Habermas's basic social-theoretical concepts, without special legal training they have difficulty reliably assessing his recent engagement with contemporary legal thought. This new work bridges the gap between legal experts and those without special legal training, critically assessing the attempt of an unquestionably preeminent philosopher and social theorist to engage the world of law.