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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
The Colorado State Constitution provides an outstanding
constitutional and historical account of the state's governing
charter. It begins with an overview of Colorado's constitutional
history, and then provides an in-depth, section-by-section analysis
of the entire constitution, detailing important changes that have
been made since its drafting. This treatment, which includes a list
of cases, index, and bibliography, makes this guide indispensable
for students, scholars, and practitioners of the Colorado
constitution. The second edition includes an updated history of the
constitution that focuses on events and amendments that have
transformed the state in recent years including population growth,
background and interpretations of Colorado's complex and unique tax
revolt, known as TABOR, the state's extensive provisions for direct
democracy, the initiative, veto referendum, and recall of elected
officials. The Oxford Commentaries on the State Constitutions of
the United States is an important series that reflects a renewed
international interest in constitutional history and provides
expert insight into each of the 50 state constitutions. Each volume
in this innovative series contains a historical overview of the
state's constitutional development, a section-by-section analysis
of its current constitution, and a comprehensive guide to further
research. Under the expert editorship of Professor Lawrence
Friedman of New England Law School, Boson, this series provides
essential reference tools for understanding state constitutional
law. Books in the series can be purchased individually or as part
of a complete set, giving readers unmatched access to these
important political documents.
The Common Law is Oliver Wendell Holmes' most sustained work of
jurisprudence. In it the careful reader will discern traces of his
later thought as found in both his legal opinions and other
writings. At the outset of The Common Law Holmes posits that he is
concerned with establishing that the common law can meet the
changing needs of society while preserving continuity with the
past. A common law judge must be creative, both in determining the
society's current needs, and in discerning how best to address
these needs in a way that is continuous with past judicial
decisions. In this way, the law evolves by moving out of its past,
adapting to the needs of the present, and establishing a direction
for the future. To Holmes' way of thinking, this approach is
superior to imposing order in accordance with a philosophical
position or theory because the law would thereby lose the
flexibility it requires in responding to the needs and demands of
disputing parties as well as society as a whole. According to
Holmes, the social environment--the economic, moral, and political
milieu--alters over time. Therefore in order to remain responsive
to this social environment, the law must change as well. But the
law is also part of this environment and impacts it. There is,
then, a continual reciprocity between the law and the social
arrangements in which it is contextualized. And, as with the
evolution of species, there is no starting over. Rather, in most
cases, a judge takes existing legal concepts and principles, as
these have been memorialized in legal precedent, and adapts them,
often unconsciously, to fit the requirements of a particular case
and present social conditions.
Title 40 presents regulations governing care of the environment
from the 14 subchapters of Chapter I and from the provisions
regarding the Council on Environmental Quality found in Chapter V.
Programs addressing air, water, pesticides, radiation protection,
and noise abatement are included. Practices for waste and toxic
materials disposal and clean-up are also prescribed. Additions and
revisions to this section of the code are posted annually by July.
Publication follows within six months.
For decades, administrations of both political parties have used
cost-benefit analysis to evaluate and improve federal policy in a
variety of areas, including health and the environment. Today, this
model is under grave threat. In Reviving Rationality, Michael
Livermore and Richard Revesz explain how Donald Trump has
destabilized the decades-long bipartisan consensus that federal
agencies must base their decisions on evidence, expertise, and
analysis. Administrative agencies are charged by law with
protecting values like stable financial markets and clean air.
Their decisions often have profound consequences, affecting
everything from the safety of workplaces to access to the dream of
home ownership. Under the Trump administration, agencies have been
hampered in their ability to advance these missions by the
conflicting ideological whims of a changing cast of political
appointees and overwhelming pressure from well-connected interest
groups. Inconvenient evidence has been ignored, experts have been
sidelined, and analysis has been used to obscure facts, rather than
inform the public. The results are grim: incoherent policy, social
division, defeats in court, a demoralized federal workforce, and a
loss of faith in government's ability to respond to pressing
problems. This experiment in abandoning the norms of good
governance has been a disaster. Reviving Rationality explains how
and why our government has abandoned rationality in recent years,
and why it is so important for future administrations to restore
rigorous cost-benefit analysis if we are to return to a
policymaking approach that effectively tackles the most pressing
problems of our era.
Title 40 presents regulations governing care of the environment
from the 14 subchapters of Chapter I and from the provisions
regarding the Council on Environmental Quality found in Chapter V.
Programs addressing air, water, pesticides, radiation protection,
and noise abatement are included. Practices for waste and toxic
materials disposal and clean-up are also prescribed. Additions and
revisions to this section of the code are posted annually by July.
Publication follows within six months.
This book is about Freedom of Speech and public discourse in the
United States. Freedom of Speech is a major component of the
cultural context in which we live, think, work, and write,
generally revered as the foundation of true democracy. But the
issue has a great deal more to do with social norms rooted in a web
of cultural assumptions about the function of rhetoric in social
organization generally, and in a democratic society specifically.
The dominant, liberal notion of free speech in the United States,
assumed to be self-evidently true, is, in fact, a particular
historical and cultural formation, rooted in Enlightenment
philosophies and dependent on a collection of false narratives
about the founding of the country, the role of speech and media in
its development, and the relationship between capitalism and
democracy. Most importantly, this notion of freedom of speech
relies on a warped sense of the function of rhetoric in democratic
social organization. By privileging individual expression, at the
expense of democratic deliberation, the liberal notion of free
speech functions largely to suppress rather than promote meaningful
public discussion and debate, and works to sustain unequal
relations of power. The presumed democratization of the public
sphere, via the Internet, raises more questions than it answers-who
has access and who doesn't, who commands attention and why, and
what sorts of effects such expression actually has. We need to
think a great deal more carefully about the values subsumed and
ignored in an uncritical attachment to a particular version of the
public sphere. This book seeks to illuminate the ways in which
cultural framing diminishes the complexity of free speech and
sublimates a range of value-choices. A more fully democratic
society requires a more critical view of freedom of speech.
Title 18 presents regulations governing the Department of Energy
and other agencies overseeing the conservation of power and water
resources. Agencies covered include: the Water Resources Council,
the Tennessee Valley Authority, and other similar agencies. This
title includes the Federal Power Act, Public Utility Regulatory
Act, Natural Gas Act, Power Plant and Industrial Fuel Act, and the
Interstate Commerce Act.
Title 40 presents regulations governing care of the environment
from the 14 subchapters of Chapter I and from the provisions
regarding the Council on Environmental Quality found in Chapter V.
Programs addressing air, water, pesticides, radiation protection,
and noise abatement are included. Practices for waste and toxic
materials disposal and clean-up are also prescribed. Additions and
revisions to this section of the code are posted annually by July.
Publication follows within six months.
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