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In Environmental Law and Economics, Michael G. Faure and Roy A. Partain provide a detailed overview of the law-and-economics methodology developed and employed by environmental lawyers and policymakers. The authors demonstrate how this approach can transcend political divisions in the context of international environmental law, environmental criminal law, and the property rights approach to environmental law. Private law solutions and public regulatory approaches are also explored, including traditional command-and-control and market-based forms of regulation. The book not only shows how the law-and-economics framework can be used to protect the environment, but also to examine deeper questions involving environmental federalism and the effectiveness of environmental law in developing economies. In clear, digestible prose that does not require readers to possess a background in microeconomics or mathematics, the authors introduce the theory and practice of environmental law and economics that have been so critical in the creation of robust environmental policy.
Is it fair to remove judicial discretion when sentencing criminals for certain crimes? This volume presents a wide diversity of opinions from an array of experts on the impact of mandatory minimum sentencing on crime, including the three strikes law. Readers are asked to examine the inherent fairness of mandatory sentences. Are they discriminatory? Do they usurp judicial power and result in overcrowded prisons? Or do they protect children and deter repeat offenders? Experts also weigh in on alternatives to mandatory sentences.
An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O'Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation's public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer--these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students' constitutional rights and risked transforming public schools into Constitution-free zones.
A compelling explanation of how the law shapes the distribution of wealth Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital--and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law.
This twenty-fifth anniversary edition places abortion politics in the context of reproductive justice today and explains why abortion has been--and remains--a political flashpoint in the United States. Before Roe v. Wade, hundreds of thousands of illegal abortions occurred in the United States every year. Rickie Solinger tells the story of Ruth Barnett, an abortionist in Portland, Oregon, from 1918 to 1968, to demonstrate how the law, not back‑alley practitioners, endangered women's lives in the years before legalized abortion. Women from all walks of life came to Barnett, who worked in a proper office, undisturbed by legal authorities, and never lost a patient. But in the illegal era following World War II, Barnett and other practitioners were hounded by police and became targets for politicians; women seeking abortions were forced to turn to syndicates run by racketeers or to use self‑induced methods that often ended in injury or death. This new edition places abortion politics in the context of reproductive justice today.
In 1988, Sandi and Larry Zobrest sued a suburban Tucson, Arizona, school district that had denied their hearing-impaired son a taxpayer-funded interpreter in his Roman Catholic high school. The Catalina Foothills School District argued that providing a public resource for a private, religious school created an unlawful crossover between church and state. The Zobrests, however, claimed that the district had infringed on both their First Amendment right to freedom of religion and the Individuals with Disabilities Education Act (IDEA). Bruce J. Dierenfield and David A. Gerber use the Zobrests' story to examine the complex history and jurisprudence of disability accommodation and educational mainstreaming. They look at the family's effort to acquire educational resources for their son starting in early childhood and the choices the Zobrests made to prepare him for life in the hearing world rather than the deaf community. Dierenfield and Gerber also analyze the thorny church-state issues and legal controversies that informed the case, its journey to the U.S. Supreme Court, and the impact of the high court's ruling on the course of disability accommodation and religious liberty.
This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Environmental law has always responded to risks posed by industrial society but the new generation ofrisks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics, and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluterpays principle, the preventive principle, and the precautionary principle. Since the first edition was published, the principles of polluter-pays, prevention, and precaution have been encapsulated in a swathe of legislation at domestic and international level.
On Law and Justice by Alf Ross (1899-1979) is a classic work of twentieth-century legal philosophy. The first translation into English was notably poor and abridged, and it misrepresented Ross's views. Translated from scratch and in full length from the original Danish, this new criticaledition casts light on Ross's work and resituates it firmly in the context of current debates in the field.Ross was, in H.L.A. Hart's words, "the most acute and best-equipped philosopher" of Scandinavian legal realism. On Law and Justice provides a comprehensive outline of his legal realist position, offering a consistently empirical research programme that simultaneously recognizes the distinctlynormative character of law. Ross's legal realism avoids the standard critiques against behaviourist reductionism while still remaining categorically distinct from legal positivism and natural law.This new edition features an introduction by Jakob v. H. Holtermann, clarifying Ross's general philosophical project and detailing the sophisticated dual distinction between internal and external aspects of law that provides a counterpoint to Hart's celebrated analysis.
The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leadingscholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of "equity"? Does Equity form a second-order constraint on law? If so, isits operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around'fusion'.A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.
Through theoretical and empirical examination of legal frameworks for court diversion, this book interrogates law's complicity in the debilitation of disabled people. In a post-deinstitutionalisation era, diverting disabled people from criminal justice systems and into mental health and disability services is considered therapeutic, humane and socially just. Yet, by drawing on Foucauldian theory of biopolitics, critical legal and political theory and critical disability theory, Steele argues that court diversion continues disability oppression. It can facilitate criminalisation, control and punishment of disabled people who are not sentenced and might not even be convicted of any criminal offences. On a broader level, court diversion contributes to the longstanding phenomenon of disability-specific coercive intervention, legitimates prison incarceration and shores up the boundaries of foundational legal concepts at the core of jurisdiction, legal personhood and sovereignty. Steele shows that the United Nations Convention on the Rights of Persons with Disabilities cannot respond to the complexities of court diversion, suggesting the CRPD is of limited use in contesting carceral control and legal and settler colonial violence.
James Comey, former FBI Director and New York Times bestselling author of A Higher Loyalty, uses his long career in federal law enforcement to explore issues of justice and fairness in the US justice system. James Comey might best be known as the FBI director that Donald Trump fired in 2017, but he's had a long, varied career in the law and justice system. He knows better than most just what a force for good the US justice system can be, and how far afield it has strayed during the Trump Presidency. In his much-anticipated follow-up to A Higher Loyalty, Comey uses anecdotes and lessons from his career to show how the federal justice system works. From prosecuting mobsters as an Assistant US Attorney in the Southern District of New York in the 1980s to grappling with the legalities of anti-terrorism work as the Deputy Attorney General in the early 2000s to, of course, his tumultuous stint as FBI director beginning in 2013, Comey shows just how essential it is to pursue the primacy of truth for federal law enforcement. Saving Justice is gracefully written and honestly told, a clarion call for a return to fairness and equity in the law.
How and when police use force, and what constitutes excessive force, is central to the debate over policing and race. This book examines use-of-force policies and training, militarization of police, the role of body cameras and video, officer accountability, and the future of policing.
Racism has permeated the workings of the U.S. Constitution since ratification. At the 1787 Constitutional Convention, supporters of slavery ensured it was protected by rule of law. The federal government upheld slavery until it was abolished by the Civil War; then supported the South's Jim Crow power structure. From Reconstruction through the Civil Rights Era until today, veneration of the Constitution has not prevented lynching, segregation, voter intimidation or police brutality against people of color. The Electoral College--a Constitutional accommodation for slaveholding aristocrats who feared popular government--has twice in 20 years given the presidency to the candidate who lost the popular vote. This book describes how pernicious flaws in the Constitution, included to legalize profiting from human bondage, perpetuate systemic racism, economic inequality and the subversion of democracy.
Bounded by desert and mountains, El Centro, California, is isolated and difficult to reach. However, its location close to the border between San Diego and Yuma, Arizona, has made it an important place for Mexican migrants attracted to the valley's agricultural economy. In 1945, it also became home to the El Centro Immigration Detention Camp. The Shadow of El Centro tells the story of how that camp evolved into the Immigration and Customs Enforcement Service Processing Center of the 2000s and became a national model for detaining migrants--a place where the policing of migration, the racialization of labor, and detainee resistance coalesced. Using government correspondence, photographs, oral histories, and private documents, Jessica Ordaz reveals the rise and transformation of migrant detention through this groundbreaking history of one detention camp.
Phillips's A Practical Guide to Legal Research and Analysis for Paralegal and Legal Studies Students distills legal analysis and research to a series of concrete skills that can be acquired chapter-by-chapter. The approachable writing style invites students to engage in active thinking and questioning. The text introduces skills and patterns of legal analysis in small pieces so students can master them bit by bit, with ample opportunity to practice using the creative end-of-chapter exercises. Students are guided step-by-step through an analysis exercise so that they can replicate the process. Students then practice the process in an end-of-chapter exercise, and later use the skill in drafting a memo or a motion as explained in the last two chapters. The book's conversational style makes it easy to read and makes legal analysis easy to grasp.
From award-winning author Karen Blumenthal,Jane Against the World takes a deep and passionate look at the riveting history of the fight for reproductive rights in the United States--and how Roe v. Wade was only the beginning. As the decision of Roe v. Wade continues to be challenged, the fight for reproductive rights is becoming more and more urgent--making Blumenthal's eye-opening work even more crucial. Tracing the path to the landmark decision in Roe v. Wade and the continuing battle for women's rights, Blumenthal examines, in a straightforward tone, the root causes of the current debate around abortion and repercussions that have affected generations of American women. This revealing book is the perfect tool to facilitate difficult discussions and awareness of a topic that is rarely touched on in school but affects each and every young person. It's also perfect for fans of Steve Sheinkin and Deborah Heiligman. This journalistic look at the history of abortion and the landmark case of Roe v. Wade is an important and necessary book.
On a hot day in July 1919, five black youths went swimming in Lake Michigan, unintentionally floating close to the "white" beach. An angry white man began throwing stones at the boys, striking and killing one. Racial conflict on the beach erupted into days of urban violence that shook the city of Chicago to its foundations. This mesmerizing narrative draws on contemporary accounts as it traces the roots of the explosion that had been building for decades in race relations, politics, business, and clashes of culture. Archival photos and prints, source notes, bibliography, index.
Supreme Court Justice Sonia Sotomayor tells her own story for young readers for the very first time! As the first Latina Supreme Court Justice, Sonia Sotomayor has inspired young people around the world to reach for their dreams. But what inspired her? For young Sonia, the answer was books! They were her mirrors, her maps, her friends, and her teachers. They helped her to connect with her family in New York and in Puerto Rico, to deal with her diabetes diagnosis, to cope with her father's death, to uncover the secrets of the world, and to dream of a future for herself in which anything was possible. In Turning Pages, Justice Sotomayor shares that love of books with a new generation of readers, and inspires them to read and puzzle and dream for themselves. Accompanied by Lulu Delacre's vibrant art, this story of the Justice's life shows readers that the world is full of promise and possibility--all they need to do is turn the page.
This unique addition to the CitizenKid collection, written by by Danielle S. McLaughlin, provides an accessible exploration of the rights and freedoms of citizens in a democracy through a series of six short stories starring Mayor Moe and the councillors of a sometimes wacky city. In each story, the councillors are first presented with a problem, and the group then makes a decision to address the problem with a new law, only to discover later there were unintended consequences. There is one councillor, Bug, who objects to each decision being proposed by commenting, ?That's not fair!? --- a sentiment familiar to children, who have an innate sense of justice. The topics are child-friendly: Should you be allowed to search someone's bag because you think they could have something of yours? Does it make sense to have a law that states people can say only nice things?
Many of the political issues we struggle with today have their roots in the US Constitution. Husband-and-wife team Cynthia and Sanford Levinson take readers back to the creation of this historic document and discuss how contemporary problems were first introduced--then they offer possible solutions. Think Electoral College, gerrymandering, even the Senate. Many of us take these features in our system for granted. But they came about through haggling in an overheated room in 1787, and we're still experiencing the ramifications. Each chapter in this timely and thoughtful exploration of the Constitution's creation begins with a story--all but one of them true--that connects directly back to a section of the document that forms the basis of our society and government. From the award-winning team, Cynthia Levinson, children's book author, and Sanford Levinson, constitutional law scholar, Fault Lines in the Constitution will encourage exploration and discussion from young and old readers alike.