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Books > Law > General
This provocative book shows how the United States Supreme Court has
used constitutional history in church-state cases. Donald L.
Drakeman describes the ways in which the justices have portrayed
the framers' actions in a light favoring their own views about how
church and state should be separated. He then marshals the
historical evidence, leading to a surprising conclusion about the
original meaning of the First Amendment's establishment clause: the
framers originally intended the establishment clause only as a
prohibition against a single national church. In showing how
conventional interpretations have gone astray, he casts light on
the close relationship between religion and government in America
and brings to life a fascinating parade of church-state
constitutional controversies from the founding era to the present.
This book examines the competing regimes of law and religion an
offers a multidisciplinary approach to demonstrate the global scope
of their influence. It argues that the tension between these two
institutions results from their disagreements about the kinds of
rule that should govern human life and society, and from where they
should be derived.
This edited volume is the first collection of essays exploring the
intersection of social economics and the law, providing
alternatives to neoclassical law-and-economics and applying them to
real-world issues. Law is a social enterprise concerned with values
such as justice, dignity, and equality, as well as efficiency -
which is the same way that social economists conceive of the
economy itself. Social economists and legal scholars alike need to
acknowledge the interrelationship between the economy and the law
in a broader ethical context than enabled by mainstream
law-and-economics. The ten chapters in Law and Social Economics,
written by an international assortment of scholars from economics,
philosophy, and law, employ a wide variety of approaches and
methods to show how a more ethically nuanced approach to economics
and the law can illuminate both fields and open up new avenues for
studying social-economic behavior, policy, and outcomes in all
their ethical and legal complexity.
Florida Bar Exam Essay Prep: Strategies and Study Material helps
students cultivate the legal writing skills necessary to craft
effective responses to the essay portion of the Florida Bar Exam.
The text covers essential rules for a variety of subjects and
equips students with tools and strategies for studying, memorizing,
and retaining large amounts of information. The Florida Board of
Bar Examiners identifies a long list of subject areas from which
they create the questions on the Florida Bar Exam. This books
focuses on the subject areas that have been tested more frequently
than others and emphasizes rules specific to Florida. Opening
chapters provide an overview of the Florida Bar Exam, basic skills
for writing a bar essay, and proven study strategies. Additional
chapters address intentional torts, negligence, strict liability
and product liability, Florida constitutional law, contracts, real
property, landlord-tenant law, family law, trusts, and professional
responsibility. End-of-chapter checklists, sample essay questions,
and introductions reinforce key learnings. Florida Bar Exam Essay
Prep is an essential resource for law students preparing for the
bar or attorneys licensed in other states who wish to practice in
Florida.
Drawing on the author's four decades of experience as a
practitioner and academician working with private equity investors,
entrepreneurs, and policymakers in over 100 developing countries
around the world, this book uses anecdotes and case studies to
illustrate and reinforce the key arguments for private equity
investment in emerging economies.
This book deals with water policy in Israel. It offers a detailed
examination of the main sources of Israel's water, its principle
consumers, the gap between supply and demand, and the complex,
contentious work of analyzing and devising the nation's water
management and use policies. Water Policy in Israel is arranged in
five broad sections: The dynamics of moving from one policy era to
another; Supply management; Demand management; The importance of
the Sea of Galilee and the Dead Sea; and Regional and global issues
including water conflict and cooperation and climate change.
This book examines the role religion played in the dismantling of
Yugoslavia; addressing practical concerns of inter-ethnic fighting,
religiously-motivated warfare, and the role religion played within
the dissolution of the nation.
The focus of the book is the cost of empire, particularly the cost
in the American case - the internal burden of American global
leadership. The book builds an argument about the propensity of
external responsibilities to undermine the internal strength,
raising the question of the link between weakening and the global
spread of American power.
The news media and the state are locked in a battle of wills in the
world's emerging democratic states. It is a struggle that will
determine whether or not democracy flourishes or withers in the
21st century. Using a number of case studies, including South
Africa, this book evaluates what is at stake.
As many as one in four adults in the workforce will suffer from
psychiatric illness in a given year. Such illness can have serious
consequences -- job loss, lawsuits, workplace violence-yet the
effects of mental health issues on job functioning are rarely
covered in clinical training. In addition, clinicians are often
asked to provide opinions on an employee's fitness for work or an
evaluation for disability benefits, only to find themselves
embroiled in complex legal and administrative conflicts. A unique
collaboration between a renowned clinical professor of psychiatry
and a noted legal expert, Evaluating Mental Health Disability in
the Workplace approaches the topic from two distinct areas: the
legal context and issues relevant to disability and
disability-related evaluations, and the interplay of factors in the
relationship between work and psychiatric illness. From this dual
perspective, the authors advocate for higher professional standards
ensuring that employers, evaluees, or third parties are provided
with the most reliable information. Key features of the book: A
robust assessment model of psychological disability in the
workplace Practice guidelines for conducting workplace mental
health disability evaluations Legal and ethical aspects of
employment evaluations, especially as they differ from clinical
procedure Examination of the process of psychiatric disability
development Issues specific to evaluations for Social Security,
Workers' Compensation, and other disability benefit programs Review
of relevant administrative and case law. As an introduction to
these complex issues or for the further improvement of evaluation
skills, Evaluating Mental Health Disability in the Workplace is a
timely reference for psychiatrists, psychologists, forensic mental
health specialists, and attorneys in this field.
The English Jacobin Novel on Rights, Property and the Law is a
study of the radical novel's critique of the evolving social
contract in the 1790s. Focusing on selected novels by Thomas
Holcroft, Charlotte Smith, Elizabeth Inchbald, Robert Bage, William
Godwin, Mary Hays, Mary Wollstonecraft, and Maria Edgeworth, this
book examines narrative investigations into the intricate
relationships between theories of rights, the requirements of
proprietorship in civil society, and the construction of the legal
subject.
Real cases from the Supreme Court dealing with youth issues. Laws,
as they relate to youth and youth issues, can be difficult to
understand for those they are intended to serve. In the first book
of the Understanding Canadian Law series, author Daniel J. Baum
breaks down the Supreme Court of Canada’s decisions relating to
youth in plain language intended for readers of all ages. Drawing
on examples from recent Supreme Court rulings, Youth and the Law
walks the reader through such controversial subjects as spanking,
bullying, youth violence, and police in the schools. Each chapter
contains prompts to encourage critical thinking. Youth and the Law
is an objective introduction for all readers to better understand
how law impacts the young.
Much research is devoted to the decision-making power and precedent
set by the Supreme Court. Less attention, however, is given to the
strategic behavior during case selection. This book argues that
case selection is done strategically, and by means of various
criteria - influencing its constitutional position and importance.
Polish vs. American Courtroom Discourse brings together the fields
of discourse analysis and socio-legal studies to identify,
illustrate and explain the cross-cultural similarities and
disparities between the inquisitorial and adversarial procedures of
witness examination in criminal trials.
An examination of the difficulties in fundamentally differentiating
humans from all other animals. The way in which humans articulate
identities, social hierarchies, and their inversions through
relations with animals has been a fruitful topic in anthropological
and historical investigations for the last several years. The
contributors to this volume call attention to the symbolic meanings
of animals, from the casting of first-year students as goats in
medieval universities to the representation of vermin as greedy
thieves in early modern England. But the essays in this volume are
also concerned with the more material and bodily aspects of
animal-human relations, like eating regulations, aggression, and
transplanting of animal organs into human beings
[xenotransplantation]. Modern biologists have increasingly
problematized the human-animal boundary. Researchers have
challenged the supposedly unique ability of humans to use language.
Chimpanzees and gorillas, it has been argued, have learned to
communicate using American Sign Language. In addition, some
scientists regard the sophistication of modes of communication in
species like dolphins and songbirds as undermining the view of
humans as uniquely capable of complex expressions. As studies of
nonhuman primates threaten to compromise the long-held assumption
that only humans possess self-awareness. The question becomes: How
can one firmly differentiate human beings from other animals?
Contributors include Piers Beirne, Richard W. Burkhardt, Jr., Mary
E. Fissell, Paul H. Freedman, Ruth Mazo Karras, Susan E. Lederer,
Rob Meens, John H. Murrin, James A. Serpell, and H. Peter Steeves.
Angela N. H. Creager andWilliam Chester Jordan are Associates of
the Shelby Cullom Davis Center for Historical Studies, Princeton
University.
Dem Sport werden zahlreiche Gemeinwohlfunktionen zugeschrieben. Aus
diesem Grund wird er mit öffentlichen Mitteln gefördert. In
welchem Umfang der Sport in Deutschland auf diese Weise gefördert
wird und insbesondere welche Mittel aus dem Sport wieder an die
öffentlichen Haushalte zurückfließen, war bislang unklar. Auf
Basis einer Vielzahl von Datenquellen werden in diesem Beitrag die
sportbezogenen direkten Einnahmen und Ausgaben der öffentlichen
Haushalte systematisch abgeschätzt. So ergibt sich – je nach
Abgrenzung des Sportsektors – ein differenziertes Bild der
finanzpolitischen Bedeutung des Sports in Deutschland.
Improvement of man's genetic endowment by direct ac tions aimed at
striving for the positive propagation of those with a superior
genetic profile (an element of which is commonly recognized as a
high intelligence quotient) or-conversely-delimitation of those
with negative genetic inheritance has always remained a pri mary
concern of the geneticist and the social engineer. Genetic
integrity, eugenic advancement, and a strong genetic pool designed
to eliminate illness and suffering have been the benchmarks of the
"Genetic Movement" and the challenge of Orwell's Nineteen
Eighty-Four. If the quality of life can in some way be either im
proved or advanced by use of the law, then this policy must be
developed and pursued. No longer does the Dostoyevskian quest to
give life meaning through suf fering become an inescapable given.
By and through the development and application of new scientific
advances in the field of genetics (and especially genetic engi
neering), the real potential exists to prevent, to a very vii
Preface viii real extent, most human suffering before it ever mani
fests itself in or through life. Freedom to undertake re search in
the exciting and fertile frontiers of the "New Biology" and to
master the Genetic Code must be nur tured and maintained. The
search for the truth inevi tably prevents intellectual, social, and
economic stag nation, as well as-ideally-frees all from anxiety and
fright. Yet, there is a very real potential for this quest to
confuse and confound."
This book offers an interdisciplinary and accessible approach to
issues of global migration in the twenty-first century in 13 essays
plus an appendix written by scholars and practitioners in the
field.
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