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Windows onto Jewish Legal Culture: Fourteen Exploratory Essays
Hanina Ben-Menahem, Arye Edrei, and Neil S. Hecht
This book opens windows onto various aspects of Jewish legal culture. Rather than taking a structural approach, and attempting to circumscribe and define ‘every’ element of Jewish law, Windows onto Jewish Legal Culture takes a dynamic and holistic approach, describing diverse manifestations of Jewish legal culture, and its general mind-set, without seeking to fit them into a single structure.
Jewish legal culture spans two millennia, and evolved in geographic centers that were often very distant from one another both geographically and socio-culturally. It encompasses the Talmud and talmudic literature, the law codes, the rulings of rabbinical courts, the responsa literature, decisions taken by communal leaders, study of the law in talmudic academies, the local study hall, and the home. But Jewish legal culture reaches well beyond legal and quasi-legal institutions; it addresses, and is reflected in, every aspect of daily life, from meals and attire to interpersonal and communal relations. Windows onto Jewish Legal Culture gives the reader a taste of the tremendous weight of Jewish legal culture within Jewish life.
Among the facets of Jewish legal culture explored are two of its most salient distinguishing features, namely, toleration and even encouragement of controversy, and a preference for formalistic formulations. These features are widely misunderstood, and Jewish legal culture is often parodied as hair-splitting argument for the sake of argument. In explaining the epistemic imperatives that motivate Jewish legal culture, however, this book paints a very different picture. Situational constraints and empirical considerations are shown to provide vital input into legal determinations at every level, and the legal process is revealed to be attentive to context and sensitive to cultural concerns.
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Reproducing Race: an Ethnography of Pregnancy as a Site of Racialization
Khiara Bridges
Reproducing Race, an ethnography of pregnancy and birth at a large New York City public hospital, explores the role of race in the medical setting. Khiara M. Bridges investigates how race—commonly seen as biological in the medical world—is socially constructed among women dependent on the public healthcare system for prenatal care and childbirth. Bridges argues that race carries powerful material consequences for these women even when it is not explicitly named, showing how they are marginalized by the practices and assumptions of the clinic staff. Deftly weaving ethnographic evidence into broader discussions of Medicaid and racial disparities in infant and maternal mortality, Bridges shines new light on the politics of healthcare for the poor, demonstrating how the “medicalization” of social problems reproduces racial stereotypes and governs the bodies of poor women of color.
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Restatement of the Law Third, Employment Law, Tentative Draft No. 4
Samuel Estreicher, Matthew T. Bodie, Michael C. Harper, and Stewart J. Schwab
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2010-11 Supplement to Cases and Materials on Employment Discrimination and Employment Law, 3rd ed.
Samuel Estreicher and Michael C. Harper
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2011 Supplement to Cases and Materials on Employment Discrimination and Employment Law
Samuel Estreicher and Michael C. Harper
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Getting to the Rule of Law
James E. Fleming
The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks?
In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions. -
Investment Management Regulation, 4th ed.
Tamar Frankel
Investment companies have become an important part of the financial system. This case book is designed to familiarize students with the special laws governing investment companies: their creation, structure, corporate governance, operations (including the distribution of shares and the management of the portfolios), dissolution and, time permitting, taxation. In particular, the case book focuses on the Investment Company Act of 1940 and on the practice in this area before the Securities and Exchange Commission.
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Labor Law: Cases, Materials, and Problems, 7th ed.
Michael C. Harper and Samuel Estreicher
A rigorous, analytical, modern, and practical approach to the issues and challenges of labor law and labor policy.
Features:
- A comprehensive and thoughtful view of the field of labor law, including issues of reform, economic and labor theory, and the respective roles of the NLRB, arbitrators, and federal and state courts
- A highly respected author team, experienced in scholarship, practice, and teaching
- A special emphasis on accessibility, manifested in clear, streamlined case editing; lucid explanatory texts; and clear and pointed narratives, notes, and questions throughout
- Complete, effective pedagogy, including introductory texts, excerpted NLRB and court decisions, Notes & Questions, and references to and excerpts from pertinent articles and books
- A problem at the end of each chapter provides instructors with material to test student understanding, accompanied by a problems guide for professors containing suggested approaches to dealing with these problems.
- Powerpoint slides for each chapter designed for classroom use.
New to the Seventh Edition:
Includes the most significant developments since the publication of the 5th edition, including the following
- An up-to-date rendering of new developments, including consideration of labor reform legislation and reform initiatives by the NLRB.
- Note material comparing the National Labor Relations Act to the Railway Labor Act and public sector labor laws.
- Note materials on international labor rights and offering comparisons to the labor relations systems of selected developed countries.
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Vulnerable Populations and Transformative Law Teaching: A Critical Reader
Angela Onwuachi-Willig
The essays included in this volume began as presentations at the March 19-20, 2010 ''Vulnerable Populations and Economic Realities'' teaching conference organized and hosted by Golden Gate University School of Law and co-sponsored by the Society of American Law Teachers (SALT). That conference, generously funded by a grant from The Elfenworks Foundation, brought together law faculty, practitioners, and students to reexamine how issues of race, gender, sexual identity, nationality, disability, and generally outsider status are linked to poverty. Contributors have transformed their presentations into essays, offering a variety of roadmaps for incorporating these issues into the law school curriculum, both inside the classroom as well as in clinical and externship settings, study abroad, and social activism. These essays provide glimpses into ''teaching moments,'' both intentional and organic, to help trigger opportunities for students and faculty to question their own perceptions and experiences about who creates and interprets law, and who has access to power and the force of law. This book expands the parameters of law teaching so that this next generation of attorneys will be dedicated to their roles as public citizens, broadening the availability of justice. Contributors include: John Payton; Richard Delgado; Steven W. Bender; Sarah Valentine; Deborah Post and Deborah Zalesne; Gilbert Paul Carrasco; Michael L. Perlin and Deborah Dorfman; Robin R. Runge; Cynthia D. Bond; Florence Roisman Wagman; Doug Simpson; Anne Marie Harkins and Robin Clark; Douglas Colbert; Raquel Aldana and Leticia Saucedo, Marci Seville; Deirdre Bowen, Daniel Bonilla Maldonado, Kathleen Neal Cleaver, Colin Crawford, and James Forman, Jr.; Susan Rutberg; Mary B. Culbert and Sara Campos; MaryBeth Musumeci, Elizabeth Weeks Leonard, and Brutrinia D. Arellano; Libby Adler; and Paulette J. Williams. The editorial board includes Raquel Aldana, Steven Bender, Olympia Duhart, Michele Benedetto Neitz, Angela Onwuachi-Willig, Hari Osofsky, and Hazel Weiser.
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Cases and Materials on Federal Courts, 2nd ed.
Larry Yackle, Michael L. Wells, William P. Marshall, and Gene R. Nichol
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Governing Risk in GM Agriculture
Michael S. Baram and Mathilde Bourrier
This book addresses the issues and methods involved in governing risks posed by genetically modified (GM) agriculture. It examines the evolution of policies intended to ensure the safety of GM crops and food products in the United States and Europe and the regulatory approaches and other social controls employed to protect human health, the environment, conventional farming and foods, and the interests and rights of consumers. Discussion encompasses the cultural, political, and economic forces that shape the design and application of the methods of risk governance, as well as other contextual features such as the influence of multinational companies seeking acceptance of their GM ventures. This discussion also examines the influence of the dynamic public discourse fostered by progressive concepts of risk governance and the approaches taken to meet its demands for transparency, public participation, and appropriate consideration of public perceptions and values despite conflicting views of experts.
- Explores the contrasting approaches taken by the US and the European Union to govern the risks of GM agriculture and foods
- Illuminates the evolution of US and European regulatory programs governing GM agriculture and foods
- Addresses the influence of public discourse on the design and implementation of public policies and regulations
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Inside Administrative Law: What Matters and Why
Jack M. Beermann
A concise and student-friendly study aid, Inside Administrative Law: What Matters and Why offers a big-picture view of Administrative Law that looks at how all of the essential elements fit together as part of a coherent framework of theory and practice. A rich pedagogy features Sidebars and Frequently Asked Questions, among other teaching devices that guide comprehension and reinforce learning.
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Copyright in a Global Information Economy, 3rd ed.
Julie E. Cohen, Maureen A. O'Rourke, Lydia Pallas Loren, and Ruth L. Okediji
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Restatement of the Law Third, Employment Law, Tentative Draft No. 3
Samuel Estreicher, Matthew T. Bodie, Michael C. Harper, and Stewart J. Schwab
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Fiduciary Law
Tamar Frankel
- Provides analysis of critical issues in entrustment, which allows readers to more easily understand the topics being discussed
- Describes the legal duties of people such as brokers, money managers, corporate directors and officers and trustees, who perform a service which require entrustment of property
- Explains concepts helpful to lawyers and policy makers designing future fiduciary laws
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Principles of the Law of Software Contracts
Robert A. Hillman, Maureen A. O'Rourke, and American Law Institute
Software, a necessary component of the information age, is owned and transferred differently from tangible goods. Thus, traditional state contract law—including common law (as embodied in the Restatement of Contracts) and legislation (largely informed by the longstanding Uniform Commercial Code)—is not always appropriate to govern transactions in software. This product of the American Law Institute is the culmination of a five-year project to create the analytical tools to guide transactions and to help lawyers, judges, and legislators meet the challenges of an industry that is an increasingly important share of our economy.
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Looking to the Future: Essays on International Law in Honor of W. Michael Reisman
Robert D. Sloane, Mahnoush H. Arsanjani, Jacob Cogan, and Siegfried Wiessner
Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.The result is a volume of outstanding scholarship that will appeal to all those – lawyers, political scientists, and educated laymen— interested in international law, legal theory, human rights, international investment law and commercial arbitration, boundary issues, law of the sea, and law of armed conflict.
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Restatement of the Law Third, Employment Law, Tentative Draft No. 2
Samuel Estreicher, Matthew T. Bodie, Michael C. Harper, Andrew P. Morriss, and Stewart J. Schwab
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Trust and Honesty in the Real World: A Teaching Course in Law, Business, and Public Policy, 2nd ed.
Mark Fagan and Tamar Frankel
A case study companion to Trust and honesty, America's business culture at a crossroad by Tamar Frankel
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Law and the Financial System: Securitization and Asset Backed Securities: Law, Process, Case Studies and Simulations
Tamar Frankel and Mark Fagan
Law and the Financial System: Securitization and Asset Backed Securities provides students and practitioners with a comprehensive source of materials and references for understanding the process and issues that surround the conversion of illiquid financial assets into tradable securities. The book begins with an overview of the financial system and the place of securitization in the system. The book focuses on the process and law of securitization and is derived largely from Tamar Frankel's treaties, Securitization (2nd ed. 2005). The book concludes with a global view of securitization and an assessment of the impact and future of securitizing financial assets. The legal text is enhanced with case studies and simulation exercises that bring context and practical application to the subject. Study questions covering law, business and public policy provide students with an opportunity to discuss and debate areas where answers are complex and often indeterminate. Simulation exercises enable students to test their own ideas with their peers using real world examples. The book can be used as a stand alone course on securitization or as a supplementary text for courses on financial regulation. Practitioners will find the book a useful desk reference.
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Principles of the Law of Software Contracts, Proposed Final Draft
Robert A. Hillman, Maureen A. O'Rourke, and American Law Institute
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Gender Equality: Dimensions of Women's Equal Citizenship
Linda C. McClain and Joanna L. Grossman
Citizenship is the common language for expressing aspirations to democratic and egalitarian ideals of inclusion, participation, and civic membership. However, there continues to be a significant gap between formal commitments to gender equality and equal citizenship – in the laws and constitutions of many countries, as well as in international human rights documents – and the reality of women’s lives. This volume presents a collection of original works that examine this persisting inequality through the lens of citizenship. Distinguished scholars in law, political science, and women’s studies investigate the many dimensions of women’s equal citizenship, including constitutional citizenship, democratic citizenship, social citizenship, sexual and reproductive citizenship, and global citizenship. Gender Equality takes stock of the progress toward – and remaining impediments to – securing equal citizenship for women, develops strategies for pursuing that goal, and identifies new questions that will shape further inquiries.
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Circuit Conflicts in Antitrust Litigation
Elizabeth McCuskey
This practical guide surveys current conflicts among the Circuit Courts of Appeal in antitrust litigation. It brings together in one place an accurate and comprehensive discussion of the Circuit conflicts. Some conflicts are procedural, some evidentiary, and others concern substantive law. This time-saving book provides practitioners with a quick, reliable means of identifying conflicts that may impact their cases.
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Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk
Michael J. Meurer and James Bessen
In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today’s patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote — making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective.
Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book’s findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs.
By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer’s reform proposals need to be heard. The health and competitiveness of the nation’s economy depend on it.
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Holy Hullabaloos: A Road Trip to the Battlegrounds of the Church/State Wars
Jay D. Wexler
Prayer in schools? Animal sacrifices in public? Ten Commandments on the courthouse lawn? Jay Wexler has seen it all . . . After ten years spent riddling over the intricacies of church/state law from the ivory tower, law professor Jay Wexler decided it was high time to hit the road to learn what really happened in some of the most controversial Supreme Court cases involving this hot-button issue. In Holy Hullabaloos, he takes us along for the ride, crossing the country to meet the people and visit the places responsible for landmark decisions in recent judicial history, from a high school football field where fans once recited prayers before kickoff to a Santeria church notorious for animal sacrifice, from a publicly funded Muslim school to a creationist museum. Wexler’s no-holds-barred approach to investigating famous church/state brouhahas is as funny as it is informative.
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Federal Courts, 3rd ed.
Larry Yackle
This third edition of Federal Courts is addressed to law students, judges and magistrates, law clerks, and attorneys who need a single-volume reference book close at hand. It provides both a primer on the power and functions of the Judicial Branch of the Federal Government and an explication of developments through 2008. Recent Supreme Court decisions have required pervasive changes from the second edition in 2003. The third edition covers critical decisions on jurisdiction in federal-question cases, standing, sovereign immunity, and habeas corpus. It also treats recent statutes, especially the Antiterrorism and Effective Death Penalty Act, the Detainee Treatment Act, and the Military Commissions Act, together with the Court’s enormously important decisions on judicial power to entertain petitions from detainees at Guantanamo Bay and elsewhere.
Like previous editions, the third edition offers a streamlined exposition of complex material in straightforward, accessible prose. Readers who need an introduction to basics will find it in this text; readers who need deeper analysis will find it in the exhaustive footnotes.
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Cases and Materials on Employment Discrimination and Employment Law
Samuel Estreicher and Michael C. Harper
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Cases and Materials on Employment Discrimination Law, 3rd ed.
Samuel Estreicher and Michael C. Harper
This law school casebook presents updated materials on employment discrimination law. The book provides a text for a comprehensive course on substantive and procedural law, including in depth analysis of models of proof under Title VII, as well as of the special problems presented by the regulation of sex, age, disability, and retaliatory discrimination. The book also highlights procedural systems under Title VII, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), as well as issues of coordination between private arbitration and federal and state regulation.
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Restatement of the Law Third, Employment Law, Tentative Draft No. 1
Samuel Estreicher, Michael C. Harper, and Stewart J. Schwab
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Principles of the Law of Software Contracts, Tentative Draft No.1
Robert A. Hillman, Maureen A. O'Rourke, and American Law Institute
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Law and Ethics in Rationing Access to Care in a High-Cost Global Economy
Wendy K. Mariner and Paula Lobato de Faria
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American Constitutional Interpretation, 4th ed.
Walter F. Murphy, James E. Fleming, Sotirios A. Barber, and Stephen Macedo
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Eloquence and Reason: Creating a First Amendment Culture
Robert L. Tsai
This provocative book presents a theory of the First Amendment’s development. During the twentieth century, Americans gained trust in its commitments, turned the First Amendment into an instrument for social progress, and exercised their rhetorical freedom to create a common language of rights.
Robert L. Tsai explains that the guarantees of the First Amendment have become part of a governing culture and nationwide priority. Examining the rhetorical tactics of activists, presidents, and lawyers, he illustrates how committed citizens seek to promote or destabilize a convergence in constitutional ideas. Eloquence and Reason reveals the social and institutional processes through which foundational ideas are generated and defends a cultural role for the courts.
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Digital Consumption Tax (D-CT)
Richard Thompson Ainsworth and Hiroki Akioka
Modern technology is dramatically changing the way consumption taxes are collected, but it is also changing the way policymakers assess the operation and impact of these taxes. Whether the design is a standard credit-invoice value added tax (VAT) of European design, or a retail sales tax (RST) of American design, or the credit subtraction VAT without invoices type of consumption tax (CT) of Japanese design, technology is having a profound impact. This book begins and ends with a tax reform. It starts with a proposal to the President's (George W. Bush's) Advisory Panel on Federal Tax Reform, and ends with a proposal for the consideration of Prime Minister Junichiro Koizumi's Tax Commission. Neither tax reform commission appears at the moment to be considering technological solutions, although both are critically interested in consumption taxes. In the U.S. case both of the identified structural barriers to a federal level VAT (federal-state coordination and regressivity) can be answered technologically. In the Japanese case a wholesale transformation of the CT is under consideration; one that would move the Japanese CT to an invoice system with multiple rates and a standard rate of 10 percent or higher. The structural departure that this proposal makes from the traditional Japanese CT need not be taken if technological solutions are applied, although the double digit rate increase seems to be a given for revenue reasons.
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Constitutional Interpretation: The Basic Questions
Sotirios A. Barber and James E. Fleming
What is the nature of the US Constitution? How ought it to be interpreted? Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Sotirios A. Barber and James E. Fleming take up that call, arguing for a philosophic approach to constitutional interpretation. In doing so, they systematically criticize competing approaches — textualism, consensualism, originalism, structuralism, doctrinalism, minimalism, and pragmatism — that aim and claim to avoid a philosophic approach. They show that none can responsibly avoid philosophic reflection and choice in interpreting the Constitution. At the same time, Barber and Fleming demonstrate that a philosophic approach, properly understood, does not turn its back on traditional sources of constitutional meaning. It is in fact the most defensible approach to constitutional text and history. They emphasize that the philosophic approach is a fusion of approaches. Within such a fusion, interpreters would view text, intentions, consensus, structures, and doctrines not as alternatives to but as sites of philosophic reflection and choice about the best understanding of our constitutional commitments. Nor does the philosophic approach demand that judges and other interpreters of the Constitution become philosophers. It demands only that interpreters think self-critically and take public responsibility for the moral choices that they inevitably make in faithfully interpreting the Constitution. The book offers both a succinct overview of approaches to constitutional interpretation and a powerful argument for a philosophic approach.
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Trust and Honesty in the Real World: A Joint Course for Lawyers, Business People and Regulators
Mark Fagan and Tamar Frankel
A case study companion to Trust and honesty: America's business culture at a crossroad by Tamar Frankel
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Labor Law: Cases, Materials, and Problems, 6th ed.
Michael C. Harper, Samuel Estreicher, and Joan Flynn
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The Compliance Function in Diversified Financial Institutions: Harmonizing the Regulatory Environment for Financial Services Firms
Cornelius K. Hurley and John A. Beccia
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Year Books
David J. Seipp and Carol F. Lee
The Year Books are the law reports of medieval England. The earliest examples date from about 1268, and the last in the printed series are for the year 1535. The Year Books are our principal source materials for the development of legal doctrines, concepts, and methods from 1290 to 1535, a period during which the common law developed into recognizable form. More than 22,000 individual reports or ‘pleas’ have been printed, and others remain in manuscript. This database indexes all year book reports printed in the chronological series for all years between 1268 and 1535, and many of the year book reports printed only in alphabetical abridgements. Of these reports, all 6,901 from 1399 through 1535 have been fully indexed and paraphrased in this database.
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Public Health Law
Kenneth R. Wing, Wendy K. Mariner, George J. Annas, and Daniel S. Strouse
This new book includes a set of introductory readings, first on the history and scope of public health, then on the basic constitutional principles that define the scope and limits of government power, followed by a series of case studies of specific public health problems. Each case study chapter focuses on one particular set of public health problems and analyzes the legal and political parameters within which these problems can and should be addresses. The chapters are organized in a way that develops themes and highlights recurring issues and paradigms, with the final chapter bringing many of these together in an integrated way. Each chapter includes references to additional and supplemental materials, and provides citations to websites and other sources for updating these materials. The authors also highlight the international dimensions of each of the problem areas covered in the materials.
Coverage of Public Health Law includes:
• Chapter 1: An Introduction to Public Health in the United States
• Chapter 2: Basic Constitutional Principles Applicable to the Exercise of State Authority Relating to Public Health
• Chapter 3: Contagious Diseases: Quarantine and Other Liberty-Restricting Responses
• Chapter 4: Public Health Surveillance and Medical Information Privacy
• Chapter 5: Tobacco, Smoking, and the Public's Health
• Chapter 6: Health Promotion and Education: Encouraging Healthy Personal Behavior
• Chapter 7: Firearms and Gun Control
• Chapter 8: (Bio)Terrorism
Books written, edited, and contributed to by Boston University School of Law faculty members.
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