When it adopted a new constitution in 1969, the Seminole Nation was the first of the Five Tribes in Oklahoma to formally reorganize its government. In the face of an American legal system that sought either to destroy its nationhood or to impede its self-government, the Seminole Nation tenaciously retained its internal autonomy, cultural vitality, and economic subsistence. Here, L. Susan Work draws on her experience as a tribal attorney to present the first legal history of the twentieth-century Seminole Nation.

Work traces the Seminoles' story from their removal to Indian Territory from Florida in the late nineteenth century to the new challenges of the twenty-first century. She also places the history of the Seminole Nation within the context of general Indian law and policy, thereby revealing common threads in the legal struggles and achievements of the Five Tribes, including their evolving relationships with both federal and state governments.

As Work amply demonstrates, the history of the Seminole Nation is one of survival and rebirth. It is a dramatic story of an Indian nation overcoming formidable obstacles to move forward into the twenty-first century as a thriving sovereign nation.

This book presents the health reform experiences over the past three decades of twelve small and medium-sized nations that are not often included in international comparative studies in this field. The major conclusion of the study is that despite many similarities in policy goals, policy challenges and in the menu of policy options for countries that seek to offer universal coverage to their population, the health reforms of the nations in this book did not converge into one direction or model. However, we found several widespread policy experiences that are relevant for others, too.For example, user fees are unpopular everywhere. Governments often try to soften the consequences by exempting large groups of users, thus largely defeating the very purpose of those fees.As a second example, the introduction of new payment modes for medical care — like the shift from fee for service to case-based payment — took much longer than originally expected everywhere, and also failed to deliver their promises of improved transparency or efficiency gains A third example is that proposals are for universal coverage often ignore the challenges of implementing new financing models that elsewhere took decades if not centuries to develop.The conclusions contain both empirical findings and theoretical conclusions of interest to policy-makers and scholars of international comparison. It is accessible for academics, healthcare managers and students as well as a wider audience of readers interested in the changes in healthcare across the world.

Although freedom of speech is regarded as a bedrock principle of American constitutionalism, the Supreme Court did not recognize it as a fundamental right worthy of strong constitutional protection until the middle of the 20th century. This work focuses on the core doctrines that constitute free speech jurisprudence. It provides a historical evolution of the doctrine and examines the key Supreme Court decisions affecting it.

This volume gives readers an analytical framework for understanding free speech jurisprudence. It takes a fresh approach to free speech methodology by breaking it into two accessible parts: substantive doctrines and procedural doctrines. This work includes informative background chapters on the history and theory of free expression. It also looks at the Supreme Court's struggle with subversive advocacy and its importance in protecting free speech.

This book examines 52 apologetic allocutions produced during federal sentencing hearings. The practice of inviting defendants to make a statement in their own behalf is a long-standing one and it is understood as offering defendants the opportunity to impress a judge or jury with their remorse, which could be a factor in the sentence that is imposed. Defendants raised the topics of the offense, mitigation, future behaviour and the sentence in different ways and this book explores the pros and cons associated with the different strategies that they used. Because there is no way of ascertaining exactly how effective (or ineffective) an individual allocution is, case law, sociolinguistic and historical resources, and judges' final remarks are used to develop hypotheses about defendants' communicative goals as well as what might constitute an ideal defendant stance from a judge's point of view. The corpus is unique because, unlike official transcripts, the transcripts used for this study include paralinguistic features such as hesitations, wavering voice, and crying-while-talking. Among its highlights, the book proposes that although a ritualized apology formula (e.g., "I'm sorry " or "I apologize ") would appear to be a good fit for the context of allocution and even appears to be expected, the use of these formulas carries implications in this context that do not serve defendants' communicative goals. I argue that the application of Austin's (1962) performative-constative continuum reveals that offense-related utterances that fall closer to the constative end are more consistent with the discursive constraints on the speech event of allocution. Further, I propose that the ideologies associated with allocution, in particular the belief that allocution functions as a protection for defendants, obscures the ways in which the context constrains what defendants can say and how effectively they can say it.

"Waller's biography captures the energy, creativity, sense of humor and commitment of this original legal scholar and the nation's greatest anti-trust lawyer, who had the guts to battle the McCarthy scourge of the 1950s. Every law student should read this book about a genuine legal hero. It will give them a sense of lawyering as a noble profession."
--Joseph A. Califano, Jr., The National Center on Addiction and Substance Abuse at Columbia University

aSoebce Wakker has written a useful biography of Thurman Arnold, collecting in one place the available materials and adding the results of his own research.a
--The American Journal of Legal History

"Antitrust is a dry subject, but fortunately Waller knows it, and so did Arnold. Both have the flair to make it come alive."
--"Chicago Tribune"

"The tale is nicely told and brings out the complications of being an aggressive antitrust enforcer in a political administration deeply ambivalent about competition policy."
--"Antitrust Review"

"Waller has succeeded in capturing the essence of a lawyer, often described as a blend of Voltaire and a cowboy, who made such important contributions to twentieth century jurisprudence."
--"The Law and Politics Book Review"

"Everyone who knows of Thurman Arnold understands he was larger than life. But I would not have imagined that anyone could bring him to life. That is what Spencer Waller has done in this absorbing biography."
--Laura Kalman, Professor of History, University of California, Santa Barbara, and author of "Abe Fortas: A Biography"

Thurman Arnold (1891-1969) was a major iconoclast of American law and a great liberal of the 20th century. In this firstbiography of Arnold, Spencer Weber Waller traces Arnold's life from his birth in Laramie, Wyoming, and explores how his western upbringing influenced his distinctive views about law and power. After studying at Princeton and Harvard Law School, Arnold practiced law in Chicago, served in World War I, and eventually returned to Laramie, where he was a prominent practitioner, mayor, and state legislator in the 1920s.

As the rise of national corporations began to destroy the local businesses that were the core of his legal practice, Arnold turned from the courtroom to the academy, most notably at Yale Law School, where he became one of the leading spokesmen for the legal realism movement. Arnold's work attracted the attention of Franklin Roosevelt, who appointed him to head the Antitrust Division during the New Deal. He went on to establish Arnold, Fortas & Porter, which became the epitome of the modern Washington, DC law firm, and defended pro-bono hundreds of clients accused of Communist sympathies during the McCarthy era.

One of the few individuals who shaped 20th century American law in so many of its facets, Arnold's biography is long overdue, and Waller honors his life and legacy with a book that is both vividly narrated and extensively researched.

Sentencing: A Reference Handbook offers a complete overview of the complex sentencing procedures devised by the federal government and each of the 50 states. From the Code of Hammurabi (1800 BC) to the present, Sentencing: A Reference Handbook follows the historical evolution of the process of criminal punishment, then focuses on the U.S. judicial system to show how American sentencing laws have changed in response to surges of different types of crime, or to other factors such as prison overcrowding. To help readers understand the complex issue of criminal sentencing, this informative volume describes the major sentencing procedures used in American courts (determinate, indeterminate, guidelines-based, and mandatory), highlighting the merits and flaws of each with well-documented cases and examples. Coverage includes a range of contentious issues, including the disproportionate application of the death penalty, sex offender laws, punishing the addicted and the mentally ill, and balancing punishment with rehabilitation.

Adult learning offers practical guidelines, underpinned by sound scholarship, for the design and implementation of learning events. The author illuminates this process, which she views as a learning-centred and dialogic endeavour, by drawing on perennial and cutting-edge theory as well as on personal experience. She guides the reader in exploring the theory on adult learners and their needs, the learning process and strategies that educators can use for guiding and facilitating learning. This culminates in a discussion of a specific strategy for designing and implementing dialogic learning events - the seven steps of planning. She explains in practical terms how this strategy puts dialogic teaching into action, using learning tasks to structure dialogue with learners.

Die moderne boer staan deesdae voor probleme soos koste wat astronomies eskaleer, produkpryse wat val en stygende rentekoerse op grondpryse. Die faktore noodsaak boere om hul sake- en bestuursvernuf uit te brei ten einde te verseker dat die plaas ekonomies bestuur word. Hierdie boek bevat die grondbeginsels van finansiele bestuur, ontleding en beheer.

In this thoroughly revised Fourth Edition, Glenn Wong provides a comprehensive review of the various sports law issues facing professional, intercollegiate, Olympic, high school, youth, and adult recreational sports. Major topics include tort liability, contracts/waivers, antitrust law, labor law, constitutional law, gender discrimination, drug testing, intellectual property law, broadcasting laws pertaining to sports agents, business and employment law, Internet gambling, and athletes with disabilities. Significant additions here include new court decisions, agreements (contracts and collective bargaining agreements), and legislation (federal, state, association, and institutional rules and regulations). Discussions of legal concepts are supplemented with summaries and excerpts from hundreds of actual sports cases. Wong cites a variety of books, law review articles, newspaper articles, and Web links for those requiring further information on particular topics. This text-professional guide serves as an invaluable resource to those involved, or studying to become involved, in the vast industry of sports.

At a time when police abuses and errors make the headlines, it is important to understand just what goes into the decisions that police make when they are confronted with various crime scenarios in the line of duty. Required to respond within the law, many officers are able to respond in a legal manner to crime situations in which court decisions are written clearly and with easily applied guidelines. But what happens when those decisions and laws are written in a way that invites interpretation and varies from situation to situation? Based on a case study of New York City police officers, this important volume analyzes how officers contend with often-ambiguous laws in the face of specific crime scenarios. In addition, the author explores other influences on police decision making, including officer characteristics and attitudes, and makes policy recommendations in an effort to encourage the reinforcement of legal guidelines so that the rights of individuals are appropriately balanced with the duty to control crime. Based on a survey of nearly 1,300 officers' responses to specially designed hypothetical crime scenarios, this study illustrates how police officers are likely to react with regard to the law in these situations. While officers tend to act legally where the laws are clear, less clearly articulated laws leave the police with a variety of different options for action in ambiguous situations. For instance, in weapons scenarios, the survey showed that officers would often take advantage of ambiguity in the law with regard to how they may respond. In drug scenarios, officers will increase their tendency to do a search if the situation is slightly ambiguous, though they willdecrease their search responses when the situation appears to be highly ambiguous. Eterno carefully examines the various responses and the laws that are meant to guide what police may or may not do in given situations, concluding that better laws and bright-line rules will help to check and balance the need to fight crime aggressively while preventing the abuse of authority that may arise in questionable circumstances.

Packed with cutting-edge cases and hands-on applications, Walsh's EMPLOYMENT LAW FOR HUMAN RESOURCE PRACTICE, 7E explains major issues and rules of employment law behind each step of the employment process -- all in understandable terms. You learn how law impacts your career, as a manager or employee. Current news, typical situations and real cases help you understand how legal concepts apply to each stage of employment -- from hiring and managing to firing. Each chapter begins with new learning objectives and ends with a summary of practical advice for today's managers. Updates addresses the latest topics in employment law, from discrimination based on sexual orientation and "gig workers" to COVID-19, pay equity and other pressing issues. This edition provides insights to help you prevent discrimination and harassment, accommodate employees with disabilities, comply with wage and hour laws, and avoid wrongful terminations and other common legal issues.

Detailed yet highly readable, this book explores essential and illuminating primary source documents that provide insights into the history, development, and current conceptions of the First Amendment to the Constitution. The freedom to speak one's mind is a subject of great importance to most Americans but especially to students, minorities, and those who are socially or economically disadvantaged—individuals whose voices have historically been censored or marginalized in American society. Documents Decoded: Freedom of Speech offers accessible, student-friendly explanations of specific developments in freedom of speech in the United States and carefully excerpted primary documents, making it an indispensable resource for educators seeking to teach the First Amendment and for students wanting to learn more about important free-speech decisions. The chronologically ordered documents explore topics typically covered in American history and government curricula, addressing such contemporary issues as the regulation of online speech, flag desecration, parody, public school student speech, and the Supreme Court's recent decisions on the issue of corporate speech rights.