David W. Merrill's Books

Personal Styles & Effective Performance

By: David W. Merrill,Roger H Reid

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Personal Styles & Effective Performance

By: David W. Merrill,Roger H Reid

Tens of thousands of professionals have attended David W. Merrill's acclaimed "Style Awareness Workshops" The goal: improvement of interpersonal effectiveness skills-inspiring better communication, improved productivity, and a more harmonious working environment. Students preparing for business, management, or sales careers can also benefit from Merrill's techniques, presented in Personal Styles & Effective Performance. Merrill's approach emphasizes the interrelationships between behavior and social style-encouraging students to consider how their own actions influence responsiveness from others. Those actions tend to be rooted in one of four primary social styles: Analytical, Amiable, Driving, and Expressive-which readers are invited to compare and contrast with their own styles, as a starting point for potential improvement. First published in 1981, Personal Styles & Effective Performance continues to be a popular resource for the self-improvement minded. By learning its lessons now, tomorrow's business professionals can have the edge in interpersonal effectiveness-one of the most important facets of a successful career.

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252

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CRC Press

Published Date

ISBN 10

0801968992

ISBN 13

9780801968990

The Economic Dynamics of Environmental Law

By: David M. Driesen

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The Economic Dynamics of Environmental Law

By: David M. Driesen

A study showing that environmentally beneficial technical innovation would be more effective than economic efficiency as the organizing principle of environmental public policy.

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284

Publisher

MIT Press

Published Date

ISBN 10

0262541394

ISBN 13

9780262541398

The Law of Health Care Finance and Regulation

By: Mark A. Hall,Nicholas Bagley,David Orentlicher,I. Glenn Cohen,Nadia N. Sawicki

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The Law of Health Care Finance and Regulation

By: Mark A. Hall,Nicholas Bagley,David Orentlicher,I. Glenn Cohen,Nadia N. Sawicki

The Law of Health Care Finance and Regulation, Fifth Edition is based on Part III, “Institutions, Providers, and the State,” from Health Care Law and Ethics, Tenth Edition, and adds additional coverage of a variety of issues that have shaped health care finance law. Integrating public health and financial and ethical issues, this casebook uses compelling case law, clear notes, and comprehensive background information to illuminate the complex and dynamic field of health care law. New to the Fifth Edition: Recent challenges to the Affordable Care Act Growth of Medicare Advantage Medicaid work requirements Private equity investment in health services Medical price transparency Vertical integration and cross-market mergers Benefits for instructors and students: Based on material in Part III, “Institutions, Providers, and the State,” from the popular parent book, along with coverage of duty to treat, hospital liability, managed care liability, and regulating access to drugs. Includes cases and material not found in the parent book on: Universal coverage and foreign health care systems Economic and regulatory theory Judicial and administrative review of Medicare decisions Certificate of need laws Monopolization claims Antitrust immunity Integrates public health and ethics issues and features clear notes that provide context, smooth transitions between cases, and background information. Provides additional discussion problems not found in the main volume. Website, www.health-law.org, provides background materials, updates of important events, additional relevant topics, and links to other resources on the Internet.

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496

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Aspen Publishing

Published Date

ISBN 13

9798889063070

The Encyclopedia of Civil Liberties in America

By: David Schultz,John R. Vile

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The Encyclopedia of Civil Liberties in America

By: David Schultz,John R. Vile

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.

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2503

Publisher

Routledge

Published Date

ISBN 10

1317457129

ISBN 13

9781317457121

Health Care Law and Ethics

[Connected Ebook]

By: Mark a Hall,Mary Anne Bobinski,David Orentlicher,I Glenn Cohen,Nicholas Bagley,Nadia N Sawicki

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Health Care Law and Ethics

[Connected Ebook]

By: Mark a Hall,Mary Anne Bobinski,David Orentlicher,I Glenn Cohen,Nicholas Bagley,Nadia N Sawicki

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Health Care Law and Ethics, Tenth Edition offers a relationship-oriented approach to health law--covering the essentials, as well as cutting-edge and controversial subjects. The book provides thoughtful and teachable coverage of all major aspects of health care law, including medical liability. Current and classic cases build logically from the fundamentals of the patient/provider relationship to the role of government and institutions in health care. The book is adaptable to both survey courses and courses covering portions of the field. New to the Tenth Edition: Length: Trimmed by 20% to enhance teachability New author: Nadia N. Sawicki Thoroughly revised coverage of: Medical liability Reproductive rights and justice Public health law Extensive coverage of issues relating to COVID-19 Supreme Court decisions on abortion and the Affordable Care Act Discussion of emerging topics, such as: Gender reassignment Artificial intelligence Revising "brain death" and the "dead donor" rule for organ transplants Work requirements under Medicaid Medical price transparency Vertical integration and cross-market mergers Benefits for instructors and students: The organization vividly presents the entwined roles of patient, provider, and state in understanding and resolving private and public health care dilemmas Scope includes all major areas of health care law and policy Coverage of classic medical liability topics remains substantial Coverage of all major emerging and conventional issues in bioethics, public health, health care finance and reform, and corporate and regulatory law More streamlined editing facilitates coverage of multiple areas or use in survey courses "The strength of the editors and the evolution of the book over a substantial period has allowed the book to become the best from which I have ever taught." Roy Spece, University of Arizona

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1068

Publisher

Aspen Publishing

Published Date

ISBN 10

1543838863

ISBN 13

9781543838862

Constitutionalizing Economic Globalization

Investment Rules and Democracy's Promise

By: David Schneiderman

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Constitutionalizing Economic Globalization

Investment Rules and Democracy's Promise

By: David Schneiderman

Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions – between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.

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Cambridge University Press

Published Date

ISBN 10

1139470094

ISBN 13

9781139470094

Alsop's Tables

Volume Iii

By: Jerry David Alsup

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Alsop's Tables

Volume Iii

By: Jerry David Alsup

I just wanted to tell you that I have enjoyed your book "Alsop's Tables." It's great! It has answered some of my questions and also helped to correct some mistakes in our genealogy lines of research. I get to reading and can't put it down. We certainly would like to receive additional volumes as they are published. --Judd and Kathryn Allsop-Zillah, WA What a magnificent book. I had no idea your were producing a work of this magnitude. It is beyond my most sanguine expectations. --Benjamin P. Alsop Warthen-Attorney-At-Law-Richmond, Virginia Jerry Alsup is a genealogist without peer. His good nature and devotion to his craft are contagious, one might even say "Inspiring."The members of this family lineage are going to enjoy reading this author's book. It is scholarly, thorough, and yet very readable. --Jerry W. Owen, President, Tippah Co., MS Historical and Genealogical Society As an avid Alsop researcher and history buff, I have found the most valuable sources for information on this family are the books of Jerry Alsup. He provides the family migration patterns, history, marriages, and wonderful stories of people, and he ties them, when appropriate, with historical events. He has the unique knack of narration that makes me feel like I am actually there when family events happened. --David Alsup-Long Beach, CA

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442

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iUniverse

Published Date

ISBN 10

1469798328

ISBN 13

9781469798325

Bioethics and Public Health Law

By: David Orentlicher,Mary Anne Bobinski,I. Glenn Cohen,Mark A. Hall

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Bioethics and Public Health Law

By: David Orentlicher,Mary Anne Bobinski,I. Glenn Cohen,Mark A. Hall

In the Fifth Edition of Bioethics and Public Health Law, financial and ethical issues are integrated into a concise and engaging treatment. This book is based on Part I “The Provider and the Patient” and Part II “The Patient, Provider, and the State,” from Health Care Law and Ethics, Tenth Edition, and adds material on organ transplantation, research ethics, and other topics. The complex relationship between patients, providers, the state, and public health institutions are explored through high-interest cases, informative notes, and compelling problems. New to the Fifth Edition: Thoroughly revised coverage of: Reproductive rights and justice Public health law Extensive coverage of issues relating to COVID-19 Supreme Court decisions on abortion Discussion of emerging topics, such as: Restrictions on medical abortion, interstate travel for abortion, and conflicts with EMTALA Artificial Intelligence Cutting-edge reproductive technologies (such as mitochondrial replacement techniques, uterus transplants, and In Vitro Gametogenesis) Changes to organ allocation rules and attempts to revise “brain death” and the “dead donor rule” in organ transplantation Religious liberty questions that emerged in public health cases during the COVID-19 pandemic Benefits for instructors and students: Comprehensive yet concise, this casebook covers all aspects of bioethics and public health law. Integrates public policy and ethics issues from a relational perspective. Clear notes provide smooth transitions between cases and background information. Companion website, www.health-law.org, provides background materials, updates of important events, additional relevant topics, and links to other resources on the Internet. The book includes cases and materials on bioethics not found in the parent book, such as: Organ transplantation and allocation Research ethics Gene patents

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1026

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Aspen Publishing

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ISBN 13

9798889065937

Strategic Indeterminacy in the Law

By: David Lanius

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Strategic Indeterminacy in the Law

By: David Lanius

Though indeterminacy in legal texts is pervasive, there is a widespread misunderstanding about what indeterminacy is, particularly as it pertains to law. Legal texts present unique challenges insofar as they address a heterogeneous audience, are applied in a variety of unforeseeable circumstances and must, at the same time, lay down clear and unambiguous standards. Sometimes they fail to do so, however, either by accident or by intention. While many have claimed that indeterminacy facilitates flexibility and can be strategically used, few have recognized that there are more forms of indeterminacy than vagueness and ambiguity. A comprehensive account of legal indeterminacy is thus called for. David Lanius here answers that call and in so doing, addresses three central questions about the role of indeterminacy in the law. First, what are the sources of indeterminacy in law? Second, what effects do the different forms of indeterminacy have? Third, how can and should these forms be intentionally used? Based on a thorough examination of the advantages and disadvantages of the different forms of indeterminacy in the wording of laws, contracts, and verdicts, Lanius argues for the claim that semantic vagueness is less relevant than commonly supposed in the debate, while other forms of indeterminacy (in particular, polysemy and standard-relativity) are mistakenly underrated or even ignored. This misconception is due to a systematic confusion between semantic vagueness and these other forms of indeterminacy. Once it is resolved, the value and functions of linguistic indeterminacy in the law can be clearly shown.

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353

Publisher

Oxford University Press

Published Date

ISBN 10

0190923717

ISBN 13

9780190923716

The Cheating Culture

Why More Americans are Doing Wrong to Get Ahead

By: David Callahan

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The Cheating Culture

Why More Americans are Doing Wrong to Get Ahead

By: David Callahan

Callahan takes readers on a gripping tour of cheating in America and makes a powerful case for why it matters. The author blames the dog-eat-dog economic climate of the past 20 years for corroding values.

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435

Publisher

Houghton Mifflin Harcourt

Published Date

ISBN 10

0156030055

ISBN 13

9780156030052

Dukeminier & Krier's Property

Concise Edition

By: Jesse Dukeminier,James E. Krier,Gregory S. Alexander,Lior Jacob Strahilevitz,David N. Schleicher

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Dukeminier & Krier's Property

Concise Edition

By: Jesse Dukeminier,James E. Krier,Gregory S. Alexander,Lior Jacob Strahilevitz,David N. Schleicher

Cases, problems and materials on Property Law for law school students enrolled in first-year Property courses"--

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780

Publisher

Aspen Publishing

Published Date

ISBN 13

9798889066187

Greening NAFTA

The North American Commission for Environmental Cooperation

By: David L. Markell,John H. Knox

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Greening NAFTA

The North American Commission for Environmental Cooperation

By: David L. Markell,John H. Knox

A portrait of the CEC notes its establishment as the first international organization created to address "trade and the environment" issues, discussing such topics as the unprecedented resources and opportunities available within North America and what the agency can teach mainstream society about environmental protection and economic integration. (Politics & Government)

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348

Publisher

Stanford University Press

Published Date

ISBN 10

0804746044

ISBN 13

9780804746045

ISO 9000 Quality Systems Handbook-updated for the ISO 9001: 2015 standard

Increasing the Quality of an Organization’s Outputs

By: David Hoyle

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ISO 9000 Quality Systems Handbook-updated for the ISO 9001: 2015 standard

Increasing the Quality of an Organization’s Outputs

By: David Hoyle

Completely revised to align with ISO 9001:2015, this handbook has been the bible for users of ?ISO 9001 since 1994, helping organizations get certified and increase the quality of their outputs. Whether you are an experienced professional, a novice, or a quality management student or researcher, this is a crucial addition to your bookshelf. The various ways in which requirements are interpreted and applied are discussed using published definitions, reasoned arguments and practical examples.? Packed with insights into how the standard has been used, misused and misunderstood, ISO 9000 Quality Systems Handbook will help you to decide if ISO 9001 certification is right for your company and will gently guide you through the terminology, requirements and implementation of practices to enhance performance. Matched to the revised structure of the 2015 standard, with clause numbers included for ease of reference, the book also includes: Graphics and text boxes to illustrate concepts, and points of contention; Explanations between the differences of the 2008 and 2015 versions of ISO 9001; Examples of misconceptions, inconsistencies and other anomalies; Solutions provided for manufacturing and service sectors. This new edition includes substantially more guidance for students, instructors and managers in the service sector, as well as those working with small businesses. Don’t waste time trying to achieve certification without this tried and trusted guide to improving your business – let David Hoyle lead you towards a better way of thinking about quality and its management and see the difference it can make to your processes and profits!

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1096

Publisher

Routledge

Published Date

ISBN 10

1317282272

ISBN 13

9781317282273

The Economic Dynamics of Law

By: David M. Driesen

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The Economic Dynamics of Law

By: David M. Driesen

This book offers a theory of law and economics focused on change over time and aimed at avoiding systemic risks.

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255

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Cambridge University Press

Published Date

ISBN 10

1107004853

ISBN 13

9781107004856

ISO 9000 Quality Systems Handbook - Updated for the ISO 9001:2008 Standard

By: David Hoyle

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ISO 9000 Quality Systems Handbook - Updated for the ISO 9001:2008 Standard

By: David Hoyle

Whether you are establishing a quality management system for the first time or improving your existing system, this best-selling guide to effective quality management using the ISO 9000 family of standards as a framework for business process management (BPM) and improvement is an essential addition to your quality bookshelf. For newcomers to the field and those needing a refresh on the fundamental principles, quality expert David Hoyle covers the crucial background including the importance and implications of quality system management, enabling those seeking ISO 9001 certification to take a holistic approach that will bring about true business improvement and sustained success. Packed with insights into how the standard has been used, misused and misunderstood, ISO 9000 Quality Systems Handbook will help you to build an effective management system, help you decide if ISO 9001 certification is right for your company and gently guide you through the terminology, requirements and implementation of practices to enhance performance. With chapter headings matched to the structure of the standard and clause numbers included for ease of reference, each chapter now also begins with a preview to help you decide which to study and which to skip. The book also includes essential concepts and principles, important issues to be understood before embarking upon implementation, different approaches that can be taken to achieving, sustaining and improving quality, and guidance on system assessment, certification and continuing development. Clear tables, summary checklists and diagrams make light work of challenging concepts and downloadable template report forms, available from the book's companion website, take the pain out of compiling the necessary documentation. Don't waste time trying to achieve certification without this tried and trusted guide to improving your business—let David Hoyle lead you towards a better quality management system and see the difference it can make to your processes and profits!

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815

Publisher

Routledge

Published Date

ISBN 10

1136438262

ISBN 13

9781136438264

The Fishermen's Frontier

People and Salmon in Southeast Alaska

By: David F. Arnold

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The Fishermen's Frontier

People and Salmon in Southeast Alaska

By: David F. Arnold

In The Fishermen's Frontier, David Arnold examines the economic, social, cultural, and political context in which salmon have been harvested in southeast Alaska over the past 250 years. He starts with the aboriginal fishery, in which Native fishers lived in close connection with salmon ecosystems and developed rituals and lifeways that reflected their intimacy. The transformation of the salmon fishery in southeastern Alaska from an aboriginal resource to an industrial commodity has been fraught with historical ironies. Tribal peoples -- usually considered egalitarian and communal in nature -- managed their fisheries with a strict notion of property rights, while Euro-Americans -- so vested in the notion of property and ownership -- established a common-property fishery when they arrived in the late nineteenth century. In the twentieth century, federal conservation officials tried to rationalize the fishery by "improving" upon nature and promoting economic efficiency, but their uncritical embrace of scientific planning and their disregard for local knowledge degraded salmon habitat and encouraged a backlash from small-boat fishermen, who clung to their "irrational" ways. Meanwhile, Indian and white commercial fishermen engaged in identical labors, but established vastly different work cultures and identities based on competing notions of work and nature. Arnold concludes with a sobering analysis of the threats to present-day fishing cultures by forces beyond their control. However, the salmon fishery in southeastern Alaska is still very much alive, entangling salmon, fishermen, industrialists, scientists, and consumers in a living web of biological and human activity that has continued for thousands of years.

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307

Publisher

University of Washington Press

Published Date

ISBN 10

0295989750

ISBN 13

9780295989754

Inside and Outside Canadian Administrative Law

Essays in Honour of David Mullan

By: David J. Mullan

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Inside and Outside Canadian Administrative Law

Essays in Honour of David Mullan

By: David J. Mullan

The rise to prominence of administrative law in the second half of the twentieth century is often remarked upon as the greatest legal development of the period. In this process there has been considerable borrowing of ideas and learning from experiences elsewhere in the common law world. This volume brings together administrative law scholars and judges from around the globe to address important issues in the field and to honour the career of one of the leading administrative lawyers in the Anglo-Commonwealth world, Professor David Mullan. Editors Grant Huscroft and Michael Taggart have identified the broad themes in Mullan's work - procedural fairness; scope of review and deference; the interrelationship of administrative law and human rights; the legitimacy of state regulation and tribunal adjudication; common law comparativism - and invited contributions on those themes from leading scholars in Canada, the United Kingdom, Australia, South Africa, and the United States. A fitting tribute to a great scholar, Inside and Outside Canadian Administrative Law will prove fascinating to students, teachers, and practitioners of administrative law as well as policy makers and political scientists.

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513

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University of Toronto Press

Published Date

ISBN 10

0802092454

ISBN 13

9780802092458

ISO 9000 Quality Systems Handbook

Using the Standards as a Framework for Business Improvement

By: David Hoyle

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ISO 9000 Quality Systems Handbook

Using the Standards as a Framework for Business Improvement

By: David Hoyle

THE definitive reference source for understanding and implementing ISO 9000 and the principles of contemporary quality management.

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816

Publisher

Routledge

Published Date

ISBN 10

1856176843

ISBN 13

9781856176842

Breaking the Logjam

Environmental Protection That Will Work

By: David Schoenbrod,Richard B. Stewart,Katrina M. Wyman

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Breaking the Logjam

Environmental Protection That Will Work

By: David Schoenbrod,Richard B. Stewart,Katrina M. Wyman

After several decades of significant but incomplete successes, environmental protection in the United States is stuck. Administrations under presidents of both parties have fallen well short of the goals of their environmental statutes. Schoenbrod, Stewart, and Wyman, distinguished scholars in the field of environmental law, identify the core problems with existing environmental statutes and programs and explain how Congress can fix them. Based on a project the authors led that incorporated the work of more than fifty leading environmental experts, this book is a call to action through public understanding based on a nonpartisan argument for smarter, more flexible regulatory programs to stimulate the economy and encourage green technology.

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216

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Yale University Press

Published Date

ISBN 10

0300149611

ISBN 13

9780300149616

The Colorado Doctrine

Water Rights, Corporations, and Distributive Justice on the American Frontier

By: David Schorr

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The Colorado Doctrine

Water Rights, Corporations, and Distributive Justice on the American Frontier

By: David Schorr

Making extensive use of archival and other primary sources, David Schorr demonstrates that the development of the “appropriation doctrine,” a system of private rights in water, was part of a radical attack on monopoly and corporate power in the arid West. Schorr describes how Colorado miners, irrigators, lawmakers, and judges forged a system of private property in water based on a desire to spread property and its benefits as widely as possible among independent citizens. He demonstrates that ownership was not dictated by concerns for economic efficiency, but by a regard for social justice.

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251

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Yale University Press

Published Date

ISBN 10

0300134479

ISBN 13

9780300134476

Medical Liability and Treatment Relationships

By: Mark A. Hall,David Orentlicher,Mary Anne Bobinski,Nicholas Bagley,I. Glenn Cohen

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Medical Liability and Treatment Relationships

By: Mark A. Hall,David Orentlicher,Mary Anne Bobinski,Nicholas Bagley,I. Glenn Cohen

Medical Liability and Treatment Relationships is based on Part I, The Provider and the Patient, of parent book Health Care Law and Ethics, and adds additional coverage of professional licensure and regulating access to drugs, and new cases and materials covering medical malpractice. Integrating public health, financial and ethical issues, this casebook uses compelling case law, clear notes and comprehensive background information to illuminate the complex and dynamic field of health care law. Features: Comprehensive yet concise, this casebook covers all aspects of medical liability and the treatment relationships between patient and provider. Includes cases and materials on Medical Malpractice not found in the parent book, including: Supreme Court decisions and notes on forensic medicine and epidemiological evidence. Problems on practice guidelines as proof of negligence. Cases and notes about ethics violations arising from ex parte contacts with treating physicians. Integrates public health and ethics issues from a relational perspective. Clear notes smooth transitions between cases and background information. Teacher’s Manual is derived from corresponding sections in the parent Teacher’s Manual. Online resources provide background materials, updates of important events, additional relevant topics and links to other resources on the Internet.

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593

Publisher

Aspen Publishing

Published Date

ISBN 10

1543804748

ISBN 13

9781543804744

Spiritual Gifts

Identify and Use them Through the P.R.I.Z.M. of God’s Grace

By: David L. Rogers

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Spiritual Gifts

Identify and Use them Through the P.R.I.Z.M. of God’s Grace

By: David L. Rogers

The goal of this book is to guide the reader through a self-examination of their own spiritual giftedness. To be sure, there will be topics and questions that this short work cannot encompass, but the four simple steps that form a part of a guide to understand, discover and use the spiritual gifts is what we have attempted to provide here. Spiritual gifts should be understood as one of five major tools that God gives each believer in their toolbox. God has granted His Spirit to us to enlighten and to make the best possible use of who each one of his children are as believers. That requires we look at gifts from the viewpoint of personality, personal skills, internal longings or zeal and ministry experience. Those four elements, combined with the spiritual gifts the Spirit gives, provide a P.R.I.Z.M. through which God’s radiant and pure grace shines. The spiritual gifts He has entrusted to us to use for His glory in the Body of Christ deliver a unique impact in the local church with worldwide reach!

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216

Publisher

WestBow Press

Published Date

ISBN 13

9798385001392

The Judicial Process

Law, Courts, and Judicial Politics

By: Christopher P. Banks,David M. O′Brien

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The Judicial Process

Law, Courts, and Judicial Politics

By: Christopher P. Banks,David M. O′Brien

The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, "Contemporary Controversies over Courts" and "In Comparative Perspective," the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the "hardball politics" of judicial selection, plea bargaining trends, the right to counsel and "pay as you go" justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.

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678

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CQ Press

Published Date

ISBN 10

1483386287

ISBN 13

9781483386287

Constitutional Review and International Investment Law

Deference or Defiance?

By: David Schneiderman

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Constitutional Review and International Investment Law

Deference or Defiance?

By: David Schneiderman

The revival of interest in comparative constitutional studies, alongside the rise of legal limitations to state action due to investment treaty commitments, calls for a unique analysis of both investment law and comparative constitutional law. The unresolved tensions that arise between the two are only beginning to be addressed by judges. Are courts resisting these new international limitations on their constitutional space? Constitutional Review and International Investment Law: Deference or Defiance? pioneers this discussion by examining how a selection of the highest courts around the world have addressed this potential discord. A comparison of decisions in the US, Europe, Colombia, Indonesia, Israel, and elsewhere reveals that, rather than issuing declarations of constitutional incompatibility, courts are more likely to respond to constitutional tensions indirectly. Their rulings adopt stances that range from hard deference (such as the Peruvian Constitutional Court viewing constitutional law and investment law as entirely compatible) to soft defiance (for example the Colombian Constitutional Court requiring only modest renegotiation of some treaty terms so that they are constitutionally compliant). Readers learn that judges are not aiming to undermine the investment law regime but are seeking to mitigate constitutional collision.

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Page Count

340

Publisher

Oxford University Press

Published Date

ISBN 10

0198885644

ISBN 13

9780198885641

Book's by David W. Merrill

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