Richard V. McCarthy's Books

Compulsory Arbitration

The Grand Experiment in Employment

By: Richard A. Bales

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Compulsory Arbitration

The Grand Experiment in Employment

By: Richard A. Bales

This is the first book on a crucial issue in human resource management. In recent years, employers have begun to require, as a condition of employment, that their nonunion employees agree to arbitrate rather than litigate any employment disputes, including claims of discrimination. As the number of employers considering such a requirement soars, so does the fear that compulsory arbitration may eviscerate the statutory rights of employees. Richard A. Bales explains that the advantages of arbitration are clear. Much faster and less expensive than litigation, arbitration provides a forum for the many employees who are shut out of the current litigative system by the cost and by the tremendous backlog of cases. On the other hand, employers could use arbitration abusively. Bales views the current situation as an ongoing experiment. As long as the courts continue to enforce agreements that are fundamentally fair to employees, the experiment will continue. After tracing the history of employment arbitration in the nonunion sector, Bales explains how employment arbitration has actually worked in the securities industry and at Brown & Root, a company with a comprehensive dispute resolution process. He concludes by summarizing the advantages, disadvantages, and policy implications of adopting arbitration as the preeminent method of resolving disputes in the American workforce.

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Page Count

255

Publisher

Cornell University Press

Published Date

ISBN 10

1501733303

ISBN 13

9781501733307

A Strike Like No Other Strike

Law and Resistance During the Pittston Coal Strike of 1989-1990

By: Richard A. Brisbin

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A Strike Like No Other Strike

Law and Resistance During the Pittston Coal Strike of 1989-1990

By: Richard A. Brisbin

Supreme Court ultimately ruled in favor of the union, most of the strikers faced elimination of their jobs and an ongoing struggle for pensions and health benefits.

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Page Count

376

Publisher

JHU Press

Published Date

ISBN 10

0801869013

ISBN 13

9780801869013

Applying Predictive Analytics

Finding Value in Data

By: Richard V. McCarthy,Mary M. McCarthy,Wendy Ceccucci

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Applying Predictive Analytics

Finding Value in Data

By: Richard V. McCarthy,Mary M. McCarthy,Wendy Ceccucci

The new edition of this textbook presents a practical, updated approach to predictive analytics for classroom learning. The authors focus on using analytics to solve business problems and compares several different modeling techniques, all explained from examples using the SAS Enterprise Miner software. The authors demystify complex algorithms to show how they can be utilized and explained within the context of enhancing business opportunities. Each chapter includes an opening vignette that provides real-life examples of how business analytics have been used in various aspects of organizations to solve issues or improve their results. A running case provides an example of a how to build and analyze a complex analytics model and utilize it to predict future outcomes. The new edition includes chapters on clusters and associations and text mining to support predictive models. An additional case is also included that can be used with each chapter or as a semester project.

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Page Count

282

Publisher

Springer Nature

Published Date

ISBN 10

3030830705

ISBN 13

9783030830700

Law of Guarantees

By: Geraldine Mary Andrews,Richard Millett

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Law of Guarantees

By: Geraldine Mary Andrews,Richard Millett

The book provides the commercial lawyer with a detailed analysis of the various statutory and contractual requirements relating to the law of guarantees. It also examines the guarantor's liability and right against both creditors and debtors. A thorough knowledge of the law and practice surrounding guarantees is essential for lawyers in all areas of commercial law, given the complex borrowing and finance requirements of modern industry and institutions. This is the 6th edition of the highly successful book on Guarantees by Geraldine Andrews QC and Richard Millett QC. The book is considered the pre-eminent treatise on the subject of guarantees in the UK.

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Page Count

925

Publisher

Sweet & Maxwell

Published Date

ISBN 10

0414044711

ISBN 13

9780414044715

Applied Criminal Psychology

A Guide to Forensic Behavioral Sciences

By: Richard N. Kocsis

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Applied Criminal Psychology

A Guide to Forensic Behavioral Sciences

By: Richard N. Kocsis

Forensic psychology is a thriving subject with a dedicated focus beginning to emerge on the issue of crime from the discipline of psychology. Applied Criminal Psychology provides the reader with a comprehensive and practical guide to psychological research and techniques. Major topics include: (1) mental disorders and criminal behavior, antisocial behavior and personality disorders, the role of the forensic psychologist, risk and assessment; (2) the detection of deceit, eyewitness testimony, cognitive interviewing, forensic hypnosis, false confessions; and (3) criminal profiling, psychological.

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307

Publisher

Charles C Thomas Publisher

Published Date

ISBN 10

039808551X

ISBN 13

9780398085513

A Genius for Confusion

Joseph R. McCarthy and the Politics of Deceit

By: Richard M. Fried

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A Genius for Confusion

Joseph R. McCarthy and the Politics of Deceit

By: Richard M. Fried

This new biography of Joseph R. McCarthy shows how the Wisconsin Senator’s campaign against American Communists prized sensation above truth. McCarthy often put aside his hunt for Reds while he pursued his anti-communist critics. He fought foes not just with noisy accusations but with covert gossip. He was gullible enough that some con artists managed to lure him on wild goose chases. The man who charged others with being “dupes” was sometimes one himself. Historian Fried’s book builds on over a decade’s research in a multitude of sources, many of them newly opened—not just McCarthy’s own papers but those of forty-seven Senate colleagues, plus records of journalists, observers, and activists. It brings to light such theatrical episodes as a CIA “op” against McCarthy as well as Joe’s quixotic search for Soviet security chief Lavrenti Beria in Spain. The resulting multi-focal perspective on the political and institutional setting in which McCarthy operated with such abandon is full of drama.

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Page Count

435

Publisher

Rowman & Littlefield

Published Date

ISBN 10

1538145782

ISBN 13

9781538145784

The Preparation and Trial of Medical Malpractice Cases

By: Richard E. Shandell,Fredrick A. Schulman,Patricia Smith

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The Preparation and Trial of Medical Malpractice Cases

By: Richard E. Shandell,Fredrick A. Schulman,Patricia Smith

The Preparation and Trial of Medical Malpractice Cases treats a case as a continuous process, from interviewing the client to closing argument. It offers comprehensive coverage of the questions surrounding health maintenance organizations, including case law on the right to sue an HMO as well as its participating physicians. You'll find discussion of: how to recognize a meritorious case; the doctrine of alternative liability; the evidentiary value of FDA approval or non-approval; the continuing treatment doctri≠ state statutes regarding motion practice; malpractice liability of alternative medical practitioners; the admissibility of evidence comparing physicians' risk statistics to those of other physicians; use of expert testimony to establish res ipsa loquitur in negligence; the modified standard of proximate cause when a physician's negligence exacerbates a patient's existing condition; violation of the duty to disclose information; contributory negligence in informed consent; distinguishing between medical malpractice and ordinary negligence; liability of nurses; and more. Appendices demonstrate how to analyze a medical brief, depose and examine the defendant physician, and elicit testimony from your own expert witness. Also included are a sample Bill of Particulars, a sample jury charge and a list of Web sites to assist your medical research.

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Page Count

696

Publisher

Law Journal Press

Published Date

ISBN 10

1588520080

ISBN 13

9781588520081

Administrative Law and Regulatory Policy

Problems, Text, and Cases

By: Stephen G. Breyer,Michael Herz,Richard B. Stewart,Cass R. Sunstein,Adrian Vermeule

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Administrative Law and Regulatory Policy

Problems, Text, and Cases

By: Stephen G. Breyer,Michael Herz,Richard B. Stewart,Cass R. Sunstein,Adrian Vermeule

The ninth edition of this classic casebook Administrative Law and Regulatory Policy: Problems, Text, and Cases is streamlined and updated while retaining the previous editions’ rigor, comprehensiveness, and contextual approach. Outstanding authorship, rich and varied materials, and comprehensive coverage remain the hallmarks of the ninth edition of the acclaimed Administrative Law and Regulatory Policy: Problems, Text, and Cases. Administrative procedure is examined in the context of substantive policy debates regarding regulation in a wide range of areas. Extensive notes, questions, and problems support thoughtful reading and analysis. The presentation acknowledges complexity and contradictions in the material while still providing explanations and guideposts along the way. Problems interspersed throughout provide an opportunity to explore the doctrine in more depth and test one’s understanding of it. New to the Ninth Edition: A thorough updating of cases, notes, and questions A more streamlined and user-friendly presentation. Despite significant additions, the 9th edition is shorter than the 8th. Inclusion of important recent judicial decisions, including Gundy v. United States, 139 S. Ct. 2116 (2019) (nondelegation) Lucia v. SEC, 138 S. Ct. 2044 (2018) (officers of the U.S.) Seila Law LLC v. CFPB, 140 S. Ct. 2183 (2020) (president’s removal authority) Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, 138 S. Ct. 1365 (2018) (agency adjudication) Kisor v. Wilkie, 139 S. Ct. 2400 (2019) (deference to an agency’s interpretation of its own regulation) DHS v. Regents of the University of California, 140 S. Ct. 1891 (2020) (DACA rescission) Department of Commerce v. State of New York, 139 S. Ct. 2551 (2019) (pretextual justifications and arbitrary and capricious review) Little Sisters of the Poor v. Pennsylvania, 140 S. Ct. 2367 (2020) (interim final rulemaking) Professors and students will benefit from: Thorough coverage of the processes of agency rulemaking and adjudication Illuminating discussion of doctrines that may be on the cusp of major change, including Chevron deference, Auer deference, and the nondelegation doctrine Attention to the underlying justifications for, and possible criticisms of, the regulatory initiatives that are the subject of the cases studied. Extensive notes and questions that both explain and challenge A completely new website that provides Additional materials for possible assignment (including an introductory case study and materials on enforcement) Illustrative agency documents (rulemaking preambles, an administrative complaint, FOIA requests and denials, etc.) Extensive links to material on the web, including on agency websites, that provide examples of or help students situate the topics in the casebook Photographs of people, places, and things that are the subject of the cases in the book Updates on new decisions, statutes, and regulatory initiatives

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Page Count

1430

Publisher

Aspen Publishing

Published Date

ISBN 10

1543825834

ISBN 13

9781543825831

The Dubious Morality of Modern Administrative Law

By: Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University

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The Dubious Morality of Modern Administrative Law

By: Richard Epstein Richard Epstein, Laurence A. Tisch Professor of Law, New York University

Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of America’s most prominent legal scholars, provides a withering critique of how theadministrative state has gone astray since the New Deal. First examining how federal administrative powers worked well in an earlier age of limited government, dealing with such issues as land grants, patents, tariffs and government employment contracts, Epstein then explains how modern broad mandates for delegated authority are inconsistent with the rule of law and lead to systematic abuse in a wide range of subject matter areas: environmental law; labor law; food and drug law; communications laws, securities law and more. He offers detailed critiques of major administrative laws that are now under reconsideration in the Supreme Court and provides recommendations as to how the Supreme Court can roll back the administrative state in a coherent way.

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Page Count

237

Publisher

Rowman & Littlefield

Published Date

ISBN 10

1538141507

ISBN 13

9781538141502

Health and Safety Enforcement

Law and Practice

By: Richard A. Matthews (barrister.),Richard Matthews QC,James Ageros

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Health and Safety Enforcement

Law and Practice

By: Richard A. Matthews (barrister.),Richard Matthews QC,James Ageros

This publication provides a practical and comprehensive guide to the key issues in this growing area of the law. This edition contains expanded coverage of judicial review and abuse of process, 'reasonable practicability'; disclosure; case management; funding; and the Corporate Manslaughter Act.

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Page Count

688

Publisher

Oxford University Press, USA

Published Date

ISBN 10

0199586616

ISBN 13

9780199586615

Struggling for Air

Power Plants and the "War on Coal"

By: Richard Revesz,Jack Lienke

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Struggling for Air

Power Plants and the "War on Coal"

By: Richard Revesz,Jack Lienke

Since the beginning of the Obama Administration, conservative politicians have railed against the President's "War on Coal." As evidence of this supposed siege, they point to a series of rules issued by the Environmental Protection Agency that aim to slash air pollution from the nation's power sector . Because coal produces far more pollution than any other major energy source, these rules are expected to further reduce its already shrinking share of the electricity market in favor of cleaner options like natural gas and solar power. But the EPA's policies are hardly the "unprecedented regulatory assault " that opponents make them out to be. Instead, they are merely the latest chapter in a multi-decade struggle to overcome a tragic flaw in our nation's most important environmental law. In 1970, Congress passed the Clean Air Act, which had the remarkably ambitious goal of eliminating essentially all air pollution that posed a threat to public health or welfare. But there was a problem: for some of the most common pollutants, Congress empowered the EPA to set emission limits only for newly constructed industrial facilities, most notably power plants. Existing plants, by contrast, would be largely exempt from direct federal regulation-a regulatory practice known as "grandfathering." What lawmakers didn't anticipate was that imposing costly requirements on new plants while giving existing ones a pass would simply encourage those old plants to stay in business much longer than originally planned. Since 1970, the core problems of U.S. environmental policy have flowed inexorably from the smokestacks of these coal-fired clunkers, which continue to pollute at far higher rates than their younger peers. In Struggling for Air, Richard L. Revesz and Jack Lienke chronicle the political compromises that gave rise to grandfathering, its deadly consequences, and the repeated attempts-by presidential administrations of both parties-to make things right.

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Page Count

233

Publisher

Oxford University Press

Published Date

ISBN 10

0190233133

ISBN 13

9780190233136

The Law of Compulsory Purchase

By: Richard Honey KC,James Pereira KC,Caroline Daly,Rebecca Clutten

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The Law of Compulsory Purchase

By: Richard Honey KC,James Pereira KC,Caroline Daly,Rebecca Clutten

Setting out the practice, procedure, policy and compensation provisions applying to a compulsory purchase, this new edition is updated to include all relevant case law, legislation, policy and guidance since the third edition, including: - the Upper Tribunal (Lands Chamber) Practice Directions, October 2020 - the implementation of the Neighbourhood Planning Act 2017 - changes in secondary legislation (including the Tribunal procedure rules) - changes in policy and guidance (especially the guidance for Wales and the Tribunal practice directions) It enables you to: -find clear statements of the law and practice on all points that relate to compulsory purchase and compensation -understand the detailed analysis necessary to grapple with tricky points encountered in practice -access cross-references to legislation, key case law and guidance, easily As it simplifies what can be simplified and explains with clarity any difficult areas, it is the one guide you need to help you access and assimilate all the statutes, of varying antiquity and judicial decisions, that relate to compulsory purchase and compensation. It describes the law, practice, procedure, policy and compensation for a compulsory purchase, and provides a summarised statement of the law, complete with footnotes to enable you to access further information. It also includes a full explanation of the scope of powers to acquire land compulsorily and the exercise of the powers and principles of compensation. This title is included in Bloomsbury Professional's Local Government Law online service.

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1046

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1526518848

ISBN 13

9781526518842

Reason and History in Judicial Judgment

Felix Frankfurter and Due Process

By: Richard Stevens

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Reason and History in Judicial Judgment

Felix Frankfurter and Due Process

By: Richard Stevens

Stevens sees three crises in American judicial statesmanship. The first was the crisis of the founding. The well being of the country was subjected to grave danger, culminating in the crisis of the Civil War, and a refoundation was required. During the mid twentieth century, the United States faced the possibility of destruction, World War II and, the finding of malfeasance of the nation in the office of the president. The constant excitement of contest with antagonists makes it difficult to say whether the current crisis of the Supreme Court is merely a continuation or a whole new problem.The political leaders who resolved the first crisis and founded the Republic bequeathed as a part of that foundation the United States Supreme Court. During the subsequent history of the country, and with respect to its crises, the Court played a large part. Whether or not it does so well in the current period depends upon the quality of its judicial statesmanship. The judge is a person who acts. But it is considered action and considered action is based on prior understanding. The character of the Court's understanding, or direction, reveales itself in the course of its division over the application of the "due process" clause to state criminal proceedings.Frankfurter's view is problematic. If Western civilization is to be preserved, it must be because it is worth preserving. If it is worth preserving it must be because it is good. If so, can it be preserved by reliance upon and reference to itself, or must reliance not be placed upon that by virtue of which the thing to be preserved is worthy of preservation? This problem is not new to Western civilization. Much has been written about Frankfurter, and common descriptions of the terms "restraint" and "pragmatism" to characterize his doctrines. Previous treatments of these doctrines now available have not seemed adequate. The intention of "Reason and History in Judicial Judgment" is to treat them as ethical problems rather than as self-explaining conclusions.

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Page Count

352

Publisher

Routledge

Published Date

ISBN 10

1351494651

ISBN 13

9781351494656

Domestic Violence

By: Deborah Lockton,Richard Ward

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Domestic Violence

By: Deborah Lockton,Richard Ward

First published in 1997, this book marks a culmination of a three year research programme focused upon the incidence of domestic violence in Leicester. The study examined the levels of violence, the details of applicants and respondents and the nature of complaints, as well as the policies applied and the problems faced by those enforcing the law. The books sets the findings in the context of the policies on protection of victims of domestic violence, the problems they face and protection after 1997. This book will be of interest to those studying law, social work, sociology and women’s studies.

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Page Count

243

Publisher

Routledge

Published Date

ISBN 10

1317202333

ISBN 13

9781317202332

Book's by Richard V. McCarthy

Compulsory Arbitration

Compulsory Arbitration

A Strike Like No Other Strike

A Strike Like No Other Strike

Applying Predictive Analytics

Applying Predictive Analytics

Law of Guarantees

Law of Guarantees

Applied Criminal Psychology

Applied Criminal Psychology

A Genius for Confusion

A Genius for Confusion

The Preparation and Trial of Medical Malpractice Cases

The Preparation and Trial of Medical Malpractice Cases

Administrative Law and Regulatory Policy

Administrative Law and Regulatory Policy

The Dubious Morality of Modern Administrative Law

The Dubious Morality of Modern Administrative Law

Health and Safety Enforcement

Health and Safety Enforcement

Struggling for Air

Struggling for Air

The Law of Compulsory Purchase

The Law of Compulsory Purchase

Reason and History in Judicial Judgment

Reason and History in Judicial Judgment

Domestic Violence

Domestic Violence

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