Jewish Justices of the Supreme Court examines the lives, legal careers, and legacies of the eight Jews who have served or who currently serve as justices of the U.S. Supreme Court: Louis D. Brandeis, Benjamin Cardozo, Felix Frankfurter, Arthur Goldberg, Abe Fortas, Ruth Bader Ginsburg, Stephen G. Breyer, and Elena Kagan. David Dalin discusses the relationship that these Jewish justices have had with the presidents who appointed them, and given the judges' Jewish background, investigates the antisemitism some of the justices encountered in their ascent within the legal profession before their appointment, as well as the role that antisemitism played in the attendant political debates and Senate confirmation battles. Other topics and themes include the changing role of Jews within the American legal profession and the views and judicial opinions of each of the justices on freedom of speech, freedom of religion, the death penalty, the right to privacy, gender equality, and the rights of criminal defendants, among other issues.
This book uses primary sources to closely examine the Equal Protection Clause of the Fourteenth Amendment and to show how legal interpretations of it have had a profound impact on American life as we know it. The Fourteenth Amendment addresses many aspects of American citizenship, including the rights of citizens. The most commonly used—and frequently litigated—phrase in the amendment is "equal protection of the laws." This phrase has figured prominently in a plethora of landmark cases in U.S. history dealing with a variety of issues, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), Bush v. Gore (election recounts), Reed v. Reed (gender discrimination), University of California v. Bakke (racial quotas in college admissions), and Obergefell v. Hodges (gay marriage). This book closely examines the history and development of the Equal Protection Clause and details the many ways in which it has shaped U.S. history. Selections show how the equal protection clause came into being in the post-Civil War era; feature seminal Supreme Court decisions on the nature and extent of applications of the equal protection clause in American life and law through the years; and include documents that consider the impact that the equal protection clause has had and may have on American society in the 21st century.
The Fourth Amendment is facing a crisis. New and emerging surveillance technologies allow government agents to track us wherever we go, to monitor our activities online and offline, and to gather massive amounts of information relating to our financial transactions, communications, and social contacts. In addition, traditional police methods like stop-and-frisk have grown out of control, subjecting hundreds of thousands of innocent citizens to routine searches and seizures. In this work, David Gray uncovers the original meaning of the Fourth Amendment to reveal how its historical guarantees of collective security against threats of 'unreasonable searches and seizures' can provide concrete solutions to the current crisis. This important work should be read by anyone concerned with the ongoing viability of one of the most important constitutional rights in an age of increasing government surveillance.
In the bestselling tradition of The Nine and The Brethren, The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. Brett Kavanaugh—replacing Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court—Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics. Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.
The U.S. Supreme Court, its decisions, and its nominating process for new justices are often in the news … but are just as often not well understood. Constitutional law professor David L. Hudson, Jr., explains the cases, processes, and important history with this in-depth primer on the U.S. Supreme Court. How has the Supreme Court justices’ thinking on gun rights, abortion, free speech, freedom of religion, and many other controversial issues evolved? What were some of the court’s most important and monumental decisions … and failures? Which justices have—and have had—the most influence on the court? Has the nominating process always been so political and bitter? Covering the history, nominating process, and court decisions on individual and other rights as well as a few fun facts, The Handy Supreme Court Answer Book: The History and Issues Explained by David L. Hudson, Jr., J.D. provides you with 600 answers to questions such as … How was the U.S. Supreme Court created? Under the Constitution, who appoints Supreme Court justices? Have any Supreme Court justices been impeached? Which president introduced an infamous court-packing plan in 1937? Which Supreme Court justice in the 20th century did not have a law degree? What are some suggestions for reforming the confirmation process? What did the Rehnquist Court decide in the 2000 presidential election? Why did Justice Ruth Bader Ginsburg dissent in the Lily Ledbetter case? Which justice wrote that he couldn’t define obscenity, but “I know it when I see it”? When did the Supreme Court establish the so-called “Miranda Rights”? How did the Supreme Court emphasize privacy protection for cell phone searches? How has the Supreme Court dealt with the death penalty for juveniles? In what infamous decision did the Supreme Court regard African Americans as slaves and property? When did the Supreme Court invalidate a ban on interracial marriages? Why was the decision in Roe v. Wade not the leading story in many newspapers on the date of its decision? Why, according to Justice Samuel Alito, was Roe such a bad decision? Why is interpreting the Second Amendment perhaps more of a challenge than other amendments in the Bill of Rights? Who was the only Supreme Court Justice to have signed the Declaration of Independence? Which Justice wrote a book about the United States as a Christian nation? Which Justice wrote a book on civil disobedience and protest? What Supreme Court justice was formerly a member of the Ku Klux Klan? What is the nickname of the Supreme Court Building? Which justice was nicknamed “The Lone Ranger”? Analyzing controversial issues and various points of view, The Handy Supreme Court Answer Book sheds a light on the differing and changing interpretations of the critical issues before the court, as well as the confirmation process and some of the court’s most important justices. Richly illustrated, it also has a helpful bibliography, glossary, and extensive index. Thoroughly updated since it was last published fifteen years ago, this invaluable resource will help you understand the rulings and importance of the U.S. Supreme Court!
“Riveting . . . contributes wonderfully to a new and ongoing conversation about inequality, dark money, and populism in the electorate.” —Mehrsa Baradaran, author of The Color of Money When Steven Burd, CEO of the supermarket chain Safeway, cut wages and benefits, starting a five-month strike by 59,000 unionized workers, he was confident he would win. But where traditional labor action failed, a new approach was more successful. With the aid of the California Public Employees' Retirement System, a $300 billion pension fund, workers led a shareholder revolt that unseated three of Burd’s boardroom allies. In The Rise of the Working-Class Shareholder: Labor’s Last Best Weapon, David Webber uses cases such as Safeway’s to shine a light on labor’s most potent remaining weapon: its multitrillion-dollar pension funds. Outmaneuvered at the bargaining table and under constant assault in Washington, statehouses, and the courts, worker organizations are beginning to exercise muscle through markets. Shareholder activism has been used to divest from anti-labor companies, gun makers, and tobacco; diversify corporate boards; support Occupy Wall Street; force global warming onto the corporate agenda; create jobs; and challenge outlandish CEO pay. Webber argues that workers have found in labor’s capital a potent strategy against their exploiters. He explains the tactic’s surmountable difficulties even as he cautions that corporate interests are already working to deny labor’s access to this powerful and underused tool. The Rise of the Working-Class Shareholder is a rare good-news story for American workers, an opportunity hiding in plain sight. Combining legal rigor with inspiring narratives of labor victory, Webber shows how workers can wield their own capital to reclaim their strength. “Weaves narratives of activist campaigns (pension fund administrators, union staffers, and government comptrollers are the book’s unlikely heroes) with fine-grained analysis of the relevant legal and financial concepts in accessible prose.” —Publishers Weekly
Part Nine in the Fishes of the Western North Atlantic series describes in two volumes 180 species in 85 genera (19 families) of eels and related gulper eels found in the western and mid-Atlantic, and the unique larvae known as leptocephali (168 species). Specialist authorships of its sections include detailed species descriptions with keys, life history and general habits, abundance, range, and relation to human activity, such as economic and sporting importance. The text is written for an audience of amateur and professional ichthyologists, sportsmen, and fishermen, based on new revisions, original research, and critical reviews of existing information. Species are illustrated by exceptional black and white line drawings, accompanied by distribution maps and tables of meristic data.
From the American Revolution to the genetic revolution, to race and abortion rights, legal expert David L. Faigman’s Laboratory of Justice examines the U.S. Supreme Court’s uneasy attempts to weave science into the Constitution. Suppose that scientists identify a gene that predicts that a person is likely to commit a serious crime. Laws are then passed making genetic tests mandatory, and anyone displaying the gene is sent to a treatment facility. Would the laws be constitutional? In this illuminating history, Laboratory of Justice: The Supreme Court’s 200-Year Struggle to Integrate Science and the Law, legal scholar David L. Faigman reveals the tension between the conservative nature of the law and the swift evolution of scientific knowledge. The Supreme Court works by precedent, embedding the science of an earlier time into our laws. In the nineteenth century, biology helped settle the “race question” in the famous Dred Scott case; not until a century later would cutting-edge sociological data end segregation with Brown v. Board of Education. In 1973, Roe v. Wade set a standard for the viability of a fetus that modern medicine could render obsolete. And how does the Fourth Amendment apply in a world filled with high-tech surveillance devices? To ensure our liberties, Faigman argues, the Court must embrace science, turning to the lab as well as to precedent. “Faigman takes the Supreme Court to task for persistently failing to inquire into the merits of the scientific evidence in the cases before it.”—Daniel J. Kevles, Legal Affairs “Faigman is one attorney who hasn’t shied away from insisting that judges stay up to speed with scientific knowledge.”—The Christian Science Monitor
Access to works in the public domain is an important source of human creativity and autonomy, whether in the arts, scientific research or online discourse. But what can users actually do with works without obtaining the permission of a copyright owner? Readers will be surprised to find how many different kinds of permitted usage exist around the world. This book offers a comprehensive international and comparative account of the copyright public domain. It identifies fifteen categories of public rights and gives a detailed legal explanation of each, showing how their implementation differs between jurisdictions. Through this analysis, the authors aim to restore balance to copyright policy debates, and to contribute to such debates by making practical law reform proposals. A major intervention in the field of intellectual property law and copyright, this book will appeal to lawyers, scholars and those involved in the administration of copyright law.
For centuries the moral argument—that objective morality points to the existence of God—has been a powerful apologetic tool. In this volume, David and Marybeth Baggett offer a dramatic, robust, and even playful version of the moral argument, showing that it not only points to God's existence but that it also contributes to our ongoing spiritual transformation.
Today, two-thirds of the world's nations have abolished the death penalty, either officially or in practice, due mainly to the campaign to end state executions led by Western European nations. Will this success spread to Asia, where over 95 percent of executions now occur? Do Asian values and traditions support capital punishment, or will development and democratization end executions in the world's most rapidly developing region? David T. Johnson, an expert on law and society in Asia, and Franklin E. Zimring, a senior authority on capital punishment, combine detailed case studies of the death penalty in Asian nations with cross-national comparisons to identify the critical factors for the future of Asian death penalty policy. The clear trend is away from reliance on state execution and many nations with death penalties in their criminal codes rarely use it. Only the hard-line authoritarian regimes of China, Vietnam, Singapore, and North Korea execute with any frequency, and when authoritarian states experience democratic reforms, the rate of executions drops sharply, as in Taiwan and South Korea. Debunking the myth of "Asian values," Johnson and Zimring demonstrate that politics, rather than culture or tradition, is the major obstacle to the end of executions. Carefully researched and full of valuable lessons, The Next Frontier is the authoritative resource on the death penalty in Asia for scholars, policymakers, and advocates around the world.
In The Constitution of the War on Drugs, David Pozen provides an authoritative, critical constitutional history of the drug war, casting new light on both drug prohibition and U.S. constitutional development. Pozen shows the plausibility of a constitutional path not taken in the 1960s and 1970s--a path that would have led to a less punitive approach to drug control. He explains how and why constitutional resistance to drug prohibition collapsed. And he offers a roadmap to constitutional reform options available today.
The religion clauses of the First Amendment provide that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." In modern time the Supreme Court has frequently construed these clauses to create, in Thomas Jefferson's oft-quoted metaphor, "a wall of separation between church and state". This volume summarises the doctrinal debates and shifts on the religion clauses that have occurred on the Court during this period. It summarises and examines as well the legal effect of each of the 56 decisions the court has handed down concerning church and state since 1980.
Few question the “right turn” America took after 1966, when liberal political power began to wane. But if they did, No Right Turn suggests, they might discover that all was not really “right” with the conservative golden age. A provocative overview of a half century of American politics, the book takes a hard look at the counterrevolutionary dreams of liberalism’s enemies—to overturn people’s reliance on expanding government, reverse the moral and sexual revolutions, and win the Culture War—and finds them largely unfulfilled. David Courtwright deftly profiles celebrated and controversial figures, from Clare Boothe Luce, Barry Goldwater, and the Kennedy brothers to Jerry Falwell, David Stockman, and Lee Atwater. He shows us Richard Nixon’s keen talent for turning popular anxieties about morality and federal meddling to Republican advantage—and his inability to translate this advantage into reactionary policies. Corporate interests, boomer lifestyles, and the media weighed heavily against Nixon and his successors, who placated their base with high-profile attacks on crime, drugs, and welfare dependency. Meanwhile, religious conservatives floundered on abortion and school prayer, obscenity, gay rights, and legalized vices like gambling, and fiscal conservatives watched in dismay as the bills mounted. We see how President Reagan’s mélange of big government, strong defense, lower taxes, higher deficits, mass imprisonment, and patriotic symbolism proved an illusory form of conservatism. Ultimately, conservatives themselves rebelled against George W. Bush’s profligate brand of Reaganism. Courtwright’s account is both surprising and compelling, a bracing argument against some of our most cherished clichés about recent American history.
This thoroughly annotated document collection gives students and researchers an authoritative source for understanding the evolving political and legal relationship between church and state from colonial times to the present day. The First Amendment to the Constitution of the United States declares that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The Establishment Clause, meanwhile, declares a position of neutrality not only between differing religions, but between religious and nonreligious beliefs. The terms of the Free Exercise Clause, however, provide special protections to religious belief and practice. Thus the provisions of the two clauses can clash. In fact, differing political and legal interpretations of these clauses have resulted in some of the most hard-fought and contentious philosophical battles in American history. This book provides readers with convenient access to pertinent documents and court cases that enables a deeper understanding of the past and current balance between church and state and its political implications in the 21st century. The expert commentary that accompanies these key documents serves to elucidate how interpretation of the U.S. Constitution affects issues such as whether public funds or other public support should go to religious-based schools or hospitals; how to safeguard individuals' rights to religious expression while also considering how individuals should not be forced to participate in mandatory religious expressions in public institutions; and how the language regarding "separation of church and state" came about, when this phrase does not appear anywhere in the Constitution.
The religion clauses of the First Amendment provide that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...." In modern times the Supreme Court has frequently construes these clauses to create, in Thomas Jefferson's oft-quoted metaphor, a "wall of separation between church and state". The Court's decisions have precipitated substantial opposition and, in particularly since the election of Ronald Reagan to the Presidency in 1980, a concerted and partly successful effort to change its separatist constructions of the religion clauses. This volume summarises the doctrinal debates and shifts on the religion clauses that have occurred on the Court during this period. It summarises and examines as well the legal effect of each of the 56 decisions the Court has handed down concerning church and state since 1980.
Driven by the growing reality of international terrorism, the threats to civil liberties and individual rights in America are greater today than at any time since the McCarthy era in the 1950s. At this critical time when individual freedoms are being weighed against the need for increased security, this exhaustive three-volume set provides the most detailed coverage of contemporary and historical issues relating to basic rights covered in the United States Constitution. The Encyclopedia of Civil Liberties in America examines the history and hotly contested debates surrounding the concept and practice of civil liberties. It provides detailed history of court cases, events, Constitutional amendments and rights, personalities, and themes that have had an impact on our freedoms in America. The Encyclopedia appraises the state of civil liberties in America today, and examines growing concerns over the limiting of personal freedoms for the common good. Complete with selected relevant documents and a chronology of civil liberties developments, and arranged in A-Z format with multiple indexes for quick reference, The Encyclopedia of Civil Liberties in America includes in-depth coverage of: freedom of speech, religion, press, and assembly, as outlined in the first amendment; protection against unreasonable search and seizure, as outlined in the fourth amendment; criminal due process rights, as outlined in the fifth, sixth, seventh, and eighth amendments; property rights, economic liberties, and other rights found within the text of the United States Constitution; Supreme Court justices, presidents, and other personalities, focusing specifically on their contributions to or effect on civil liberties; concepts, themes, and events related to civil liberties, both practical and theoretical; court cases and their impact on civil liberties.
Music Supervision, or matching music to TV, film, new media, video games, live events, brands, and a host of other media, is a fast-growing career path. This book guides you through real-world scenarios and legal landmines, profiles key players, explores mixing and sound design, and provides time-saving project form templates. For those who want to break into the field of music supervision, this book tells you how to get the job. Artists, publishers and labels seeking more effective sync licensing for their catalogues will also benefit from the unique insights of Music Supervision “The definitive guide to music supervision.” - Brad Hatfield, Associate Professor, Berklee College of Music
From the bestselling author of EYEWITNESS TO POWER, a practical study of leadership and a cri de coeur for young leaders to commit themselves to public service"--
This accessible guide to Jewish children’s literature explores many of the enduring questions of the Jewish tradition: What is Jewish history? What are love, wisdom, humor, ritual, evil, and justice? Jewish children’s literature matters for all children, and with this practical guide parents and teachers will be empowered to choose and discuss books and stories with Jewish or non-Jewish children. Jewish children’s literature is often absent in school classrooms and when it is available, it presents a picture to children of Jews as victims. Enduring Questions provides teachers with guidance in the use of Jewish children’s literature in the preschool and elementary school classroom. Enduring Questions includes extensive bibliographies of Jewish children’s literature, digital resources for teachers, and suggestions for further reading. With summaries of suggested books and texts, honest recommendations from teachers who have used these texts in the classroom, and practical curricular connections, this comprehensive book is suited for those looking for an introduction to teaching Jewish children's literature and those familiar with it. The book provides a framework about the use of Jewish children’s literature as an opportunity for all children, both Jewish and non-Jewish, to be philosophers and engage in dialog and debate. The enduring questions thoughtfully explored through Jewish literature are important for all students growing up in a diverse multicultural world.
Ward and Weiden have produced that rare book that is both a meticulous piece of scholarship and a good read. The authors have . . . sifted through a varied and voluminous amount of archival material, winnowing out the chaff and leaving the excellent wheat for our consumption. They marry this extensive archival research with original survey data, using both to great effect." --Law and Politics Book Review"Helps illuminate the inner workings of an institution that is still largely shrouded in mystery." --The Wall Street Journal Online"The main quibble . . . with contemporary law clerks is that they wield too much influence over their justices' opinion-writing. Artemus and Weiden broaden this concern to the clerks' influence on the thinking of the justices about how to decide cases." --Slate.comProvides excellent insight into the inner workings of the Supreme Court, how it selects cases for review, what pressures are brought to bear on the justices, and how the final opinions are produced. Recommended for all academic libraries. --Library JournalArtemus Ward and David L. Weiden argue that the clerks have more power than they used to have, and probably more power than they should. --Washington PostThe book contains a wealth of historical information. . . . A reader can learn a lot from this pioneering study. --Cleveland Plain DealerMeticulous in scholarship. . . . Sorcerers' Apprentices presents convincing statistical evidence that the aggregate time that law clerks spend on certiorari memos has fallen considerably because of the reduction in the number of memos written by each clerk. --Judge Richard A. Posner in The New RepublicBased on judicial working papers and extensive interviews, the authors have compiled the most complete picture to dat
Longing is a universal human experience, born of the inevitable gulf between dream and reality, what we need and what we have. While the experience of longing may arise from loss or the awareness of a void in one's life, it may also become a powerful engine of spiritual growth, prompting one to draw closer to the hidden yet present "Other." Across the range of Jewish teachings, longing takes center stage in one's spiritual life. From the Bible through current frontiers in Jewish belief and practice, God is both known and unknown, immediate and remote, present and in constant eclipse. This book captures the sense of longing in Jewish tradition by creating a dialogue between the author's own struggles with an estranged father and a wide range of traditional and contemporary sources. Focusing on the story of the Hebrew prophet Elisha, the book takes the reader through a journey of abandonment, creative destruction, and ultimately repair and healing, engaging with currents in biblical theology, rabbinic thought, Kabbalah, and contemporary Jewish philosophy. Written in a familiar yet probing style, this book is an accessible introduction to Jewish thought and spirituality as well as a thoughtful companion for more experienced students.
This book addresses one of the most urgent issues in contemporary American law—namely, the logic and limits of extending free exercise rights to corporate entities. Pointing to the polarization that surrounds disputes like Burwell v. Hobby Lobby, David argues that such cases need not involve pitting flesh-and-blood individuals against the rights of so-called “corporate moral persons.” Instead, David proposes that such disputes should be resolved by attending to the moral quality of group actions. This approach shifts attention away from polarizing rights-talk and towards the virtues required for thriving civic communities. More radically, however, this approach suggests that groups themselves should not be viewed as things or “persons” in the first instance, but rather as occasions of coordinated activity. Discerned in the writings of Saint Thomas Aquinas, this reconceptualization helps illuminate the moral stakes of a novel—and controversial—form of religious freedom.
The Passionate Prince is a verse-by-verse commentary on the Song of Solomon from a pastors perspective. It explains the Song as a description of the developing relationship between King Solomon and the Shulammite, a young Jewish maiden from the northern part of Israel. It tells of their pre-marriage romance, of their marriage, and of some of the challenges of their relationship following their wedding. It treats the book, in a literal way, as a continuous account of the relationship between Solomon and the Shulammite from pre-marriage days to post-marriage days. It assumes, by virtue of the Biblical title of the book (The song of songs which is Solomons) that Solomons relationship with the Shulammite was probably the most satisfying marriage which Solomon experienced among the many marriages which were a part of his life as the most wealthy of all of the kings of Israel.
Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--
In The Jewish Bible: A Material History, David Stern explores the Jewish Bible as a material object—the Bibles that Jews have actually held in their hands—from its beginnings in the Ancient Near Eastern world through to the Middle Ages to the present moment. Drawing on the most recent scholarship on the history of the book, Stern shows how the Bible has been not only a medium for transmitting its text—the word of God—but a physical object with a meaning of its own. That meaning has changed, as the material shape of the Bible has changed, from scroll to codex, and from manuscript to printed book. By tracing the material form of the Torah, Stern demonstrates how the process of these transformations echo the cultural, political, intellectual, religious, and geographic changes of the Jewish community. With tremendous historical range and breadth, this book offers a fresh approach to understanding the Bible’s place and significance in Jewish culture.
Environmental Law & Policy: Nature, Law & Society is a coursebook designed to access the law of environmental protection through a “taxonomic” approach. It explores the range of legal structures and legal methodologies of the field—rather than simply designing it according to air, water, toxics, etc. as subject media (which often results in duplicative legal coverage). All the major subject areas of pollution and resource conservation are covered, but they are covered according to the legal approaches they represent. The book is “Saxist,” because it originally arose and continues to carry on themes from the teaching, guidance, and writings of the late Joseph Sax, the eminent pioneer of the environment law field. Sax emphasized the interaction between common law and public law statutory structures, and introduced the public trust doctrine as a thread undergirding and running through the entire field of environmental law. Features: Coverage of the December 2015 Paris COP-21 climate agreement in its several different aspects, incorporating analysis by co-author Prof. David Wirth who played an active role in international preparations for the Paris accord. Expanded material on carbon pricing—carbon taxes—until recently widely thought to be a politically impossible alternative avenue for mitigation of global climate disruption. Fracking—case and discussion materials on fracking, the major new fossil energy extraction technology that is changing the energy profile and landscape of the U.S. Tracking major recent revisions in toxic substance regulation, with essential comparisons to the contemporary European model of market access chemical regulation. Regulation of Greenhouse Gases under the Clean Air Act and otherwise. The Flint, Michigan toxic lead water pollution disaster, with both civil and criminal repercussions. An updated guide through the complexities of tensions between private property rights and environmental protections, and an innovative clarification of recent Supreme Court caselaw. An innovative chapter on official “planning”— a basic and problematic element of environmental governance, whether at the local level or the national public lands level.
This book seeks to answer one central question: do the U.S. cable and satellite retransmission statutory licenses comply with the TRIPs minimum standard? As with all legal problems, the resolution of ambiguity provides the challenge and the interest. In this regard, by far the greatest ambiguity is created by the use of the term 'equitable renumeration' in the TRIPs retransmission norm. Resort will be had to not only the drafting history of the TRIPs incorporated Berne Convention article, but also to the discipline of economics and to the field of restitutionary monetary awards in common law countries, to seek to provide a meaning for that term. This book is unique in so far as it purports to undertake to provide an analysis whereby a TRIPs compliance issue is considered fully at a theoretical level in an attempt to provide an answer. In so doing, it is hoped that the analysis will provide a methodology for the consideration of the compliance of national laws with intellectual property treaty obligations, which is of use to anyone who may wish to consider such compliance issues in the future.
In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative "borrowing". But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Covers the people, court cases, historical events, and terms relating to one of the most studied political documents in schools across the country, the United States Constitution.
This groundbreaking study reveals how social connections are far more important than we thought, showing us the steps we can take to build better relationships and improve our lives. Social connection is as essential for our health and happiness as a balanced diet and regular exercise. It reduces our risk of stroke, heart disease, and Alzheimer’s. It enhances our creativity and adds years to our life span. Yet many of us struggle to form strong and meaningful bonds—and the problem lies not with our personalities but with a series of cognitive biases that stop us from fulfilling our social potential. In The Laws of Connection, award-winning science writer David Robson describes the psychological barriers that lead us to keep others at a distance and offers evidence-based strategies to overcome them. Drawing on philosophy, neuroscience, and cutting-edge psychology, Robson introduces readers to new concepts such as the liking gap, the novelty penalty, the fast-friendship procedure, the beautiful mess effect, and the Japanese art of amae. Whether we are shy or confident, introvert or extrovert, we can all build deeper relationships. The Laws of Connection shows us how.
The New York Times Bestseller #1 Wall Street Journal Bestseller The essential leadership playbook. Learn the principles and guiding philosophies of Bill Gates, Jeff Bezos, Ruth Bader Ginsburg, Warren Buffett, Oprah Winfrey, and many others through illuminating conversations about their remarkable lives and careers. For the past five years, David M. Rubenstein—author of The American Story, visionary cofounder of The Carlyle Group, and host of The David Rubenstein Show—has spoken with the world’s highest performing leaders about who they are and how they became successful. How to Lead distills these revealing conversations into an indispensable leadership guidebook. Gain advice and wisdom from CEOs, presidents, founders, and master performers from the worlds of finance (Warren Buffett, Jamie Dimon, Christine Lagarde, Ken Griffin), tech (Jeff Bezos, Bill Gates, Eric Schmidt, Tim Cook), entertainment (Oprah Winfrey, Lorne Michaels, Renee Fleming, Yo-Yo Ma), sports (Jack Nicklaus, Adam Silver, Coach K, Phil Knight), government (President Bill Clinton, President George W. Bush, Ruth Bader Ginsburg, Nancy Pelosi), and many others. -Jeff Bezos harnesses the power of wandering, discovering that his best decisions have been made with heart and intuition, rather than analysis. -Richard Branson never goes into a venture looking to make a profit. He aims to make the best in field. -Phil Knight views Nike as a marketing company whose product is its most important marketing tool. -Marillyn Hewson, who grew up in a fatherless home with four siblings in Kansas, quickly learned the importance of self-reliance and the value of a dollar. How to Lead shares the extraordinary stories of these pioneering agents of change. Discover how each luminary got started and how they handle decision making, failure, innovation, change, and crisis. Learn from their decades of experience as pioneers in their field. No two leaders are the same.
The most trusted authority in pediatric nursing, Wong's Nursing Care of Infants and Children provides unmatched, comprehensive coverage of pediatric growth, development, and conditions. Its unique 'age and stage' approach covers child development and health promotion as well as specific health problems organized by age groups and body systems. Leading pediatric experts Dr. Marilyn Hockenberry and David Wilson provide an evidence-based, clinical perspective based on nearly 30 years of hands-on experience. Easy to read and extensively illustrated, this edition focuses on patient-centered outcomes and includes updates on topics such as the late preterm infant, immunizations, the H1N1 virus, and childhood obesity. A clear, straightforward writing style makes content easy to understand. Unique Evidence-Based Practice boxes help you apply both research and critical thought processes to support and guide the outcomes of nursing care. Unique Atraumatic Care boxes contain techniques for care that minimize pain, discomfort, or stress. Unique Critical Thinking exercises help you test and develop your own analytical skills. A unique focus on family content emphasizes the role and influence of the family in health and illness with a separate chapter, discussions throughout the text, and family-centered care boxes. Nursing Care Guidelines provide clear, step-by-step, detailed instructions on performing specific skills or procedures. Unique Emergency Treatment boxes serve as a quick reference for critical situations. Unique Cultural Awareness boxes highlight ways in which variations in beliefs and practices affect nursing care for children. A developmental approach identifies each stage of a child's growth. Health promotion chapters emphasize principles of wellness and injury prevention for each age group. Student-friendly features include chapter outlines, learning objectives, key points, references, and related topics and electronic resources to help you study and review important content. A community focus helps you care for children outside the clinical setting. Nursing Care Plans include models for planning patient care, with nursing diagnoses, patient/family goals, nursing interventions/rationales, expected outcomes, and NIC and NOC guidelines. Nursing Tips include helpful hints and practical, clinical information, and Nursing Alerts provide critical information that must be considered in providing care.
Written by the foremost experts in maternity and pediatric nursing, Maternal Child Nursing Care, 5th Edition offers the accurate, practical information you need to succeed in the classroom, the clinical setting, and on the NCLEX® examination. This new edition offers numerous content updates throughout the text to keep you up-to-date on the latest topics and best practices. Plus hundreds of illustrations, alert boxes, and tables clarify key content and help you quickly find essential information. Atraumatic Care boxes in the pediatric unit teach you how to provide competent and effective care to pediatric patients with the least amount of physical or psychological stress.Community Focus boxes emphasize community issues, supply resources and guidance, and illustrate nursing care in a variety of settings.Critical thinking case studies offer opportunities to test and develop your analytical skills and apply knowledge in various settings.Emergency boxes in the maternity unit guide you through step-by-step emergency procedures.Expert authors of the market-leading maternity and pediatric nursing textbooks combine to ensure delivery of the most accurate, up-to-date content.Family-Centered Care boxes highlight the needs or concerns of families that you should consider to provide family-centered care. NEW! Content updates throughout the text give you the latest information on topics such as the late preterm infant, fetal heart rate pattern identification, obesity in the pregnant woman, shaken baby syndrome/traumatic brain injury, Healthy People 2020, car restraints, immunizations, and childhood obesity.NEW! Updated Evidence-Based Practice boxes including QSEN KSAs (knowledge, skills, attitudes) provide the most current practice guidelines to promote quality care.NEW! Medication Alerts stress medication safety concerns for better therapeutic management.NEW! Safety Alerts highlighted and integrated within the content draw attention to developing competencies related to safe nursing practice.
I am unaware of any textbook which provides such comprehensive coverage of the field and doubt that this work will be surpassed in the foreseeable future, if ever!' From the foreword by Robert C. Moellering, Jr., M.D, Shields Warren-Mallinckrodt Professor of Medical Research, Harvard Medical School, USA Kucers' The Use of Antibiotics is the leading major reference work in this vast and rapidly developing field. More than doubled in length compared to the fifth edition, the sixth edition comprises 3000 pages over 2-volumes in order to cover all new and existing therapies, and emerging drugs not yet fully licensed. Concentrating on the treatment of infectious diseases, the content is divided into 4 sections: antibiotics, anti-fungal drugs, anti-parasitic drugs and anti-viral drugs, and is highly structured for ease of reference.Within each section, each chapter is structured to cover susceptibility, formulations and dosing (adult and paediatric), pharmacokinetics and pharmacodynamics, toxicity and drug distribution, detailed discussion regarding clinical uses, a feature unique to this title. Compiled by an expanded team of internationally renowned and respected editors, with a vast number of contributors spanning Europe, Africa, Asia, Australia, South America, the US and Canada, the sixth edition adopts a truly global approach. It will remain invaluable for anyone using antimicrobial agents in their clinical practice and provides in a systematic and concise manner all the information required when treating infections requiring antimicrobial therapy. Kucers' The Use of Antibiotics is available free to purchasers of the books as an electronic version on line or on your desktop: It provides access to the entire 2-volume print material It is fully searchable, so you can find the relevant information you need quickly Live references are linked to PubMed referring you to the latest journal material Customise the contents - you can highlight sections and make notes Comments can be shared with colleagues/tutors for discussion, teaching and learning The text can also be reflowed for ease of reading Text and illustrations copied will be automatically referenced to Kucers' The Use of Antibiotics
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