Are judges competent to decide complex scientific disputes over toxic chemicals and hazardous wastes? Have courts gone too far in awarding damages to victims? Does the judiciary unreasonably constrain free market forces and usurp power from democratically elected branches of government? What constitutes judicial "due process" in the regulation of health-safety and environmental risks? David O'Brien addresses these and other key questions in a comprehensive survey of the role of courts in resolving science-policy disputes. He theorizes that such disputes, with their burden of scientific uncertainty and intense value conflict, become judicialized in the United States because they pose an uncomfortable trilemma for policy makers: how to accommodate competing demands for scientific certainty, political compromise, and procedural fairness in the regulation of risks. When policy negotiations break down, courts are called on not to settle scientific controversies per se, but in their traditional role as independent tribunals for settling value conflicts and imposing norms in a pluralistic society. This interpretation is enhanced by a unique set of case studies, including DES and asbestos litigation and the ban on Tris (a carcinogenic flame-retardent). O'Brien's analytical framework and his detailed examples illuminate the extent, the implications, and the underlying causes of the judicialization of risk regulation.
In Drug and Device Product Liability Litigation Strategy, Mark Herrmann and David B. Alden provide useful practice pointers and overall strategic guidance for attorneys in product liability litigation involving prescription drugs and medical devices.
The law school casebook addresses procedures unique to California practice that are not generally presented in the first-year course in civil procedure. Contains information on selecting the proper court, pleading and joinder, and discovery.
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.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Basic Tort Law is a comprehensive introduction to intentional torts, negligence, and strict liability including the fundamental issues of duty, breach, causation, and compensation. Offering comprehensive coverage that is suitable for one or two semester torts courses,Basic Tort Law: Cases, Statutes, and Problems, Sixth Edition’s flexible organization accommodates courses that begin either with coverage of intentional torts in Chapter 2 or negligence, beginning with Chapter 3. Chapters 9-16 allow teachers to select additional topics that fit best with their curriculum and interests. New to the Sixth Edition: Thoroughly updated with new cases, problems, and notes, including: a new subsection on potential strict products liability for online marketplaces like Amazon that facilitate sales by third-party vendors; a new subsection comparing liability under trespass and nuisance theories; a contemporary case on but-for causation; two recent cases addressing market share liability; two new cases and a problem on the Restatement (Third) approach to duty; and a new case on the economic loss doctrine. Professors and students will benefit from: These general features help first-year teachers and students achieve their goals: Cases are edited to moderate length, so professors can help students analyze judicial reasoning and treatment of policy implications. Many statutes are included to allow students to learn to read statutes and to see how important statutes are in tort issues. Students find the book easy to learn from, because each case has clear introductory text and is followed by clear, and not too numerous, notes. There are many problems, mostly in essay format, to test student understanding of every topic in the book. For each topic, there is at least one practice-oriented problem designed to illustrate the variety of contexts in which lawyers confront doctrinal issues. Problems are usually drawn from reported decisions and include citations to those decisions.
This textbook provides a concise introduction for students with little or no legal background, to the role of law in environmental protection. It describes and explains law and legal systems, the concept of the environment, sources of environmental law and some of the techniques used in environmental law. Interdisciplinary in approach, the book explores some of the major connections between law and the disciplines of ethics, science, economics and politics. Environment and Law offers a greater understanding of international and national environmental law and has case-studies from all over the world, including examples from UK, US and Australian law.
Leader development is an important part of industry, government, healthcare, education and military organizations, among others. It also requires considerable investment and resources. This book was sponsored by the Army Research Institute and takes a go
Volume Four of this series contains the alphabetical rosters of each of the 144 cemeteries in the study area of Jackson and Sandy Ridge Townships, Union Co., NC. It includes over 27,524 graves.
An introductory guide to the philosophy of law, part of Continuum's series of modular texts, offering complete coverage of the undergraduate philosophy curriculum
A flexible and engaging casebook, Evidence: Cases, Commentary, and Problems focuses on core concepts and central controversies in evidence law, presented through tightly edited cases, stimulating commentary from a wide range of perspectives, and carefully crafted problems. The Fifth Edition, while as streamlined and teachable as its predecessors, includes excerpts from more than fifty new cases and twenty new articles, fresh problems and enhanced editorial material, and three entirely new sections: one on machine-generated proof, one on digital forensics, and one on authenticating electronic evidence. There is new, up-to-date material on sexual assault cases, DNA evidence, social science evidence, privileges, judicial notice, hearsay, confrontation, “other crimes” evidence, and other key topics. New to the Fifth Edition: New sections on machine-generated proof, digital forensics, and authenticating electronic evidence New materials on confrontation and hearsay, character evidence in sexual assault and child molestation cases, DNA evidence, social science evidence, “other crimes” evidence, and other key topics Excerpts from more than 50 new cases and 20 new articles New problems and editorial material throughout Professors and students will benefit from: Flexible structure that allows the book to be taught cover-to-cover in a four-unit, one-semester class, but also can be abridged or rearranged to suit course length and instructor’s preferences. Comprehensive coverage with a wide range of perspectives. Text that is written with clarity and concision and includes well-selected and tightly edited cases. A balanced mix of cases, commentary, and problems covering relevance, hearsay, character evidence, impeachment, privilege, expert testimony, and authentication. Well-written introductory materials that identify key issues, important distinctions, and common sources of confusion.
The following chapter comes from Mastering the Art of Asset Allocation, which focuses on the knowledge and nuances that will help you achieve asset allocation success. Asset allocation authority David Darst builds upon his bestselling The Art of Asset Allocation to explore every aspect of asset allocation from foundations through correlations, providing you with detailed techniques for understanding and implementing asset allocation in any portfolio.
Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes—portability, meaningful feedback, and greater efficiency. Offering comprehensive coverage that is suitable for one or two semester torts courses, Basic Tort Law: Cases, Statutes, and Problems, Fifth Edition’s flexible organization accommodates courses that begin either with coverage of intentional torts in Chapter 2 or negligence, beginning with Chapter 3. Chapters 9-17 allow teachers to select additional topics that fit best with their curriculum and interests. Key Features: Cases edited to moderate length, so professors can help students analyze judicial reasoning and treatment of policy implications. Practice-oriented problems in each chapter. A new section on the intentional tort of false imprisonment, covering the concepts of confinement, consent, intentionality, and the shopkeeper’s privilege. A new case addressing whether strict liability for abnormally dangerous activities applies to fracking, which, juxtaposed with another featured case, illustrates the differing ways courts have approached the Restatement factors. A new case discussing joint and several liability, offering a straightforward introduction that enhances or may be substituted for a more detailed treatment of this complicated area. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.
This pioneering collection examines tort law as a cultural phenomenon, drawing on the theories and methods of law, sociology, political science, and anthropology and comparative cases across the United States, Europe, and Asia.
This bold book challenges a contemporary consensus on the titanic figure of Oliver Wendell Holmes. Holmes is the acknowledged source of twentieth-century tort law, but David Rosenberg takes sharp issue with the current portrayal of Holmes as a legal formalist in torts who opposed the notion of strict liability and dogmatically advocated a universal rule of negligence, primarily to subsidize industrial development. Marshaling the evidence found in Holmes' classic The Common Law and other writings, the author reveals that the opposite was the case, and, in the process, raises troubling questions about the present state of legal scholarship. It was Holmes who founded the modern conception and justification of strict liability. He envisioned an expansive role for strict liability to augment the negligence rule in preventing and redressing injury from industrial activity. This recovery of Holmes' theory of torts provides new insights into the nature of the jurisprudence that launched the American legal realist movement, and also overturns standard interpretations of the history of tort law. Rejecting the prevailing view that either strict liability or negligence reigned exclusively, Holmes and his contemporaries reconciled the existence of both rules, and advocated reforms of tort law to protect society from the unprecedented hazards of industrial life. The parallel drawn by the book between their response and ours in grappling with the novel problem of mass torts confirms Holmes' belief in the adaptive genius of the common law.
In this groundbreaking new work, David Kessler—an expert on grief and the coauthor with Elisabeth Kübler-Ross of the iconic On Grief and Grieving—journeys beyond the classic five stages to discover a sixth stage: meaning. In 1969, Elisabeth Kübler Ross first identified the stages of dying in her transformative book On Death and Dying. Decades later, she and David Kessler wrote the classic On Grief and Grieving, introducing the stages of grief with the same transformative pragmatism and compassion. Now, based on hard-earned personal experiences, as well as knowledge and wisdom earned through decades of work with the grieving, Kessler introduces a critical sixth stage. Many people look for “closure” after a loss. Kessler argues that it’s finding meaning beyond the stages of grief most of us are familiar with—denial, anger, bargaining, depression, and acceptance—that can transform grief into a more peaceful and hopeful experience. In this book, Kessler gives readers a roadmap to remembering those who have died with more love than pain; he shows us how to move forward in a way that honors our loved ones. Kessler’s insight is both professional and intensely personal. His journey with grief began when, as a child, he witnessed a mass shooting at the same time his mother was dying. For most of his life, Kessler taught physicians, nurses, counselors, police, and first responders about end of life, trauma, and grief, as well as leading talks and retreats for those experiencing grief. Despite his knowledge, his life was upended by the sudden death of his twenty-one-year-old son. How does the grief expert handle such a tragic loss? He knew he had to find a way through this unexpected, devastating loss, a way that would honor his son. That, ultimately, was the sixth state of grief—meaning. In Finding Meaning, Kessler shares the insights, collective wisdom, and powerful tools that will help those experiencing loss. Finding Meaning is a necessary addition to grief literature and a vital guide to healing from tremendous loss. This is an inspiring, deeply intelligent must-read for anyone looking to journey away from suffering, through loss, and towards meaning.
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