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Revised to include several recent and important Clean Air Act developments, this completely updated Fifth edition of the Clean Air Handbook provides you with a broad overview of all the complex regulatory requirements of the Act and its amendments. In addition to offering an introduction to the history and structure of the Clean Air Act, the most complex piece of environmental legislation ever enacted, the Handbook examines the Environmental Protection Agency's (EPA) efforts to implement the Act. Those efforts include EPA's initiatives to impose emission reduction requirements through new air quality standards adopted in 1997 and made more stringent in 2006 and EPA's rules and guidance implementing the Title I nonattainment program and ongoing federal efforts to address interstate pollution issues. The Handbook also includes summaries of EPA's rules for state-administered Title V operating permit programs and the key rules promulgated by EPA to implement the Title IV acid rain program.
Updated to include the 2007 decision Gonzales v. Carhart, this volume provides all of the major Supreme Court decisions on abortion--as well as many majority, dissenting, and plurality opinions--carefully edited for use in undergraduate and graduate courses in a variety of disciplines. In his introductory essay, Shapiro sets these cases in political, historical, and philosophical context, and gives the reader a sense of what the main issues in the constitutional law of abortion are likely to be in the future.
From a historical perspective, 'law and economics' constituted one of the most influential developments in legal scholarship in the twentieth century; the discipline remains today one of the dominant perspectives on the law, generating a tremendous quantity of new research and discussion. Unfortunately, one consequence of applying the analytical methods of one highly technical field to the historically layered substance of another has been the accumulation of considerable technical overhead, requiring fluency in both the language of economics and the language of the law. Further complicating matters, the field of law and economics has sometimes developed independently, creating new terms, while recasting others from their original economic or legal meanings. In this dictionary of law and economics, Francesco Parisi provides a comprehensive and concise guide to the language and key concepts underlying this fecund interdisciplinary tradition. The first reference work of its kind, it will prove to be an invaluable resource for professionals, students and scholars.
Foundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.
Well-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.
Well-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.
The case of Stefan Kiszko casts a dark shadow over British justice. Totally unconnected to the murder of which he was convicted - that of a young girl Lesley Molseed - he spent 16 years in prison tormented as a sex-offender and suffering from what one expert described as `delusions of innocence'. As author Michael O'Connell explains, it was in fact the system by which he was ensnared which was suffering from `delusions of guilt'. Kiszko could not have been Lesley's attacker as subsequently established by DNA and the medical fact that he could not produce sperm. But a false confession written for him by a corrupt police officer set in train proceedings from which he was never to recover, dying only a short time after his eventual release. In this book, Michael O'Connell investigates every small detail of the case with especial reference to the foibles of the lawyers, investigators and scientists involved, all of whom either missed or ignored the signs that should have pointed to an early discharge from a misguided prosecution. The book includes the participation of a prosecutor who went on to become Lord Chief Justice and a leading defence barrister who became Home Secretary before his elevation to the House of Lords. Everyone seems to have become caught up in the momentum originally fuelled by policing methods that are hopefully now long gone.
In a groundbreaking study of the day-to-day law and culture of slavery, Ariela Gross investigates the local courtrooms of the Deep South where ordinary people settled their disputes over slaves. Buyers sued sellers for breach of warranty when they considered slaves to be physically or morally defective; owners sued supervisors who whipped or neglected slaves under their care. "Double Character" seeks to explain how communities dealt with an important dilemma raised by these trials: how could slaves who acted as moral agents be treated as commodities? Because these cases made the character of slaves a central legal question, slaves' moral agency intruded into the courtroom, often challenging the character of slaveholders who saw themselves as honorable masters. Gross looks at the stories about white and black character that witnesses and litigants put forth in court. She not only reveals the role of law in constructing "race" but also offers a portrait of the culture of slavery, one that addresses historical debates about law, honor, and commerce in the American South. Gross maintains that witnesses and litigants drew on narratives available in the culture at large to explain the nature and origins of slaves' character, such as why slaves became runaways. But the legal process also shaped their expressions of racial ideology by favoring certain explanations over others. "Double Character" brings to life the law as a dramatic ritual in people's daily lives, looking at trials from the perspective of litigants, lawyers, doctors, and the slaves themselves. The author's approach combines the methods of cultural anthropology, quantitative social history, and critical race theory.
Grawemeyer Award winner Kathryn Sikkink offers a landmark argument for human rights prosecutions as a powerful political tool. She shows how, in just three decades, state leaders in Latin America, Europe, and Africa have lost their immunity from any accountability for their human rights violations, becoming the subjects of highly publicized trials resulting in severe consequences. This shift is affecting the behavior of political leaders worldwide and may change the face of global politics as we know it. Drawing on extensive research and illuminating personal experience, Sikkink reveals how the stunning emergence of human rights prosecutions has come about; what effect it has had on democracy, conflict, and repression; and what it means for leaders and citizens everywhere, from Uruguay to the United States. The Justice Cascade is a vital read for anyone interested in the future of world politics and human rights.
This book provides the first comprehensive doctrinal and comparative study to examine the influence of the fundamental human right to respect for private life on data retention within EU law, specifically communications data and passenger name record data, for the purpose of countering serious crime. First, it is the only academic publication that offers a complete picture of the EU's institutions, not just the Court of Justice of the EU, at work in a legally and politically sensitive field from a variety of perspectives, thereby contributing to a scholarly understanding of topics which tend to attract generalized opinions not based on detailed analysis of law and practice in specific areas. Secondly, this original analysis of EU data retention law casts a spotlight on the real and actual extent of the weight now being given in the mainstreaming of fundamental rights within the EU policymaking process, providing a more complete picture of the role and impact of human rights on this area of law and policymaking. Thirdly, this book is the only work to outline and examine in detail the impact of the tensions and dialogue between the EU and European Convention on Human Rights (ECHR) legal systems within the case law of both courts on data privacy and serious crime. In addition, this book also sets out the implications of the above analysis, and recent landmark jurisprudence on Article 8 ECHR and Articles 7 and 8 of the EU Charter of Fundamental Rights, for new related EU legislation, including Directive 2016/680 on data processing for the purposes of the prevention, investigation, detection or prosecution of criminal offences and relevant provisions of the forthcoming E-Privacy Regulation.
This book consists of two parts: "The Law of Peoples," a major reworking of a much shorter article by the same name published in 1993, and the essay "The Idea of Public Reason Revisited," first published in 1997. Taken together, they are the culmination of more than fifty years of reflection on liberalism and on some of the most pressing problems of our times by John Rawls. "The Law of Peoples" extends the idea of a social contract to the Society of Peoples and lays out the general principles that can and should be accepted by both liberal and non-liberal societies as the standard for regulating their behavior toward one another. In particular, it draws a crucial distinction between basic human rights and the rights of each citizen of a liberal constitutional democracy. It explores the terms under which such a society may appropriately wage war against an "outlaw society" and discusses the moral grounds for rendering assistance to non-liberal societies burdened by unfavorable political and economic conditions. "The Idea of Public Reason Revisited" explains why the constraints of public reason, a concept first discussed in Political Liberalism (1993), are ones that holders of both religious and non-religious comprehensive views can reasonably endorse. It is Rawls's most detailed account of how a modern constitutional democracy, based on a liberal political conception, could and would be viewed as legitimate by reasonable citizens who on religious, philosophical, or moral grounds do not themselves accept a liberal comprehensive doctrine-such as that of Kant, or Mill, or Rawls's own "Justice as Fairness," presented in A Theory of Justice (1971).
The mystery does not always end when the crime has been solved.
Indeed, the most insolvable problems of crime and punishment are
not so much who committed the crime, but how to see that justice is
done. Now, in this illuminating volume, one of America's great
legal thinkers, Norval Morris, addresses some of the most
perplexing and controversial questions of justice in a highly
singular fashion--by examining them in fictional form, in what he
calls "parables of the law."
In Eradicating Ecocide, international environment lawyer and Ecocide law expert Polly Higgins sets out to demonstrate how our planet is fast being destroyed by the activities of corporations and governments, facilitated by ‘compromise’ laws that offer insufficient deterrence. She offers a solution that is radical yet pragmatic, and, as she explains, necessary. This is the first book to examine the power of law to change everything. Higgins provides context by presenting examples of laws in other countries and in earlier times in history which have succeeded in curtailing the power of governments, corporations and banks, and have triggered change. Eradicating Ecocide is a crash course on what laws work, what doesn’t and what else is required to prevent the ever escalating destruction. Eradicating Ecocide provides a comprehensive overview of what is required in law in order to prevent ecocide. It is a book unlike any other; based on the principle of ‘first do no harm’, it applies equally to global as well as smaller communities and anyone who is involved in decision-making.
Available Open Access under CC-BY-NC licence. The public and parliamentary debate about UK abortion law is often diverted away from key moral and political questions by dispute regarding basic questions of fact. And all too often, claims of scientific ‘fact’ are ideologically driven. With each chapter written by leading experts in the fields of medicine, law, reproductive health and social science, this book offers a concise and authoritative account of the evidence regarding the likely impact of decriminalisation.
The right to privacy is a pivotal concept in the culture wars that have galvanized American politics for the past several decades. It has become a rallying point for political issues ranging from abortion to gay liberation to sex education. Yet this notion of privacy originated not only from legal arguments, nor solely from political movements on the left or the right, but instead from ambivalent moderates who valued both personal freedom and the preservation of social norms. In The Closet and the Cul-de-Sac, Clayton Howard chronicles the rise of sexual privacy as a fulcrum of American cultural politics. Beginning in the 1940s, public officials pursued an agenda that both promoted heterosexuality and made sexual privacy one of the state's key promises to its citizens. The 1944 G.I. Bill, for example, excluded gay veterans and enfranchised married ones in its dispersal of housing benefits. At the same time, officials required secluded bedrooms in new suburban homes and created educational campaigns designed to teach children respect for parents' privacy. In the following decades, measures such as these helped to concentrate middle-class families in the suburbs and gay men and lesbians in cities. In the 1960s and 1970s, the gay rights movement invoked privacy to attack repressive antigay laws, while social conservatives criticized tolerance for LGBTQ+ people as an assault on their own privacy. Many self-identified moderates, however, used identical rhetoric to distance themselves from both the discriminatory language of the religious right and the perceived excesses of the gay freedom struggle. Using the Bay Area as a case study, Howard places these moderates at the center of postwar American politics and shows how the region's burgeoning suburbs reacted to increasing gay activism in San Francisco. The Closet and the Cul-de-Sac offers specific examples of the ways in which government policies shaped many Americans' attitudes about sexuality and privacy and the ways in which citizens mobilized to reshape them.
As per an estimate, a third of cases pending in Indian courts involve dispute over property. Some experts have the view that India should switch over from deed registration system to title registration system to solve the problem of ever increasing land disputes. The Department of Land Resources, Government of India, also subscribed to this view and listed ‘moving eventually towards guaranteed conclusive titles to immovable properties in the country’ as one of the objectives of the National Land Records Modernization Program (NLRMP) launched in 2008. In spite of this policy, not much headway was made by the states in this direction. Experience has shown that unless there is substantial research to support such a drastic change in the registration system practiced in India, states would not go for it. This book, authored by a senior Indian Administrative Service officer having extensive first-hand knowledge of land administration, fills the existing gap of research in the field of land registration and maintenance of title records in India. It contains: 1. A Comparative analysis of land registration system of Germany, UK, Australia, USA, France, and the Netherlands, the first three having title registration systems and the other three practicing deed registrations system. 2. Analysis of replicability of each of these systems in the Indian context. 3. Comparative analysis of laws regarding maintenance of land title records in four Indian states viz. Maharashtra, Karnataka, Punjab and West Bengal, covering each of the four regions of the country. 4. The author’s evidence-based recommendations on reforms required in the Indian land registration system. This book is a must-read for practitioners of law relating to land and property, and for policy makers looking at land-record reform as part of larger economic reforms. Law students aiming to understand the Indian land registration system, and how land registration is done around the world, will also benefit greatly from this work.
The first book-length exploration of the most exciting development in modern physics, the theory of 10-dimensional space. The theory of hyperspace, which Michio Kaku pioneered, may be the leading candidate for the Theory of Everything that Einstein spent the remaining years of his life searching for.
Freedom of information (FOI) is now an international phenomenon with over 100 countries from Albania to Zimbabwe enacting the right to know for their citizens. Since 2005, the UK’s Freedom of Information Act has opened up thousands of public bodies to unparalleled scrutiny and prompted further moves to transparency. Wherever the right to know is introduced, its success depends on the way it is implemented. In organisations worldwide, FOI only works because of those who oversee its operation on a day-to-day basis, promoting openness, processing requests and advising colleagues and the public. FOI is dependent on the FOI Officers. The Freedom of Information Officer’s Handbook is a comprehensive guide to FOI and its management. It is designed to be an indispensable tool for FOI Officers and their colleagues. It includes: a guide to the UK’s FOI Act, the right to know and the exemptions clear analysis of the most important case law and its implications for the handling of FOI requests pointers to the best resources to help FOI officers in their work explanations of how FOI interacts with other legislation, including detailed explorations of the Environmental Information Regulations 2004 and how the EU’s General Data Protection Regulation impacts on FOI a look at requirements to proactively publish information and the effect of copyright and re-use laws on FOI and open data comparisons of the UK’s Act with FOI legislation in other jurisdictions from Scotland to South Africa an exploration of the role of the FOI Officer: who they are, what they do, their career development and what makes them effective suggestions on how to embed FOI within an organisation using effective procedures, technology and training a stage-by-stage guide to processing requests for information. The Freedom of Information Officers’ Handbook includes the latest developments in FOI including amendments made to the UK’s FOI Act by the Data Protection Act 2018 and the revised s.45 code of practice published by the Cabinet Office in July 2018.
Written by two leading higher education practitioners, this comprehensive and practical guide to the law of higher education in the UK provides extensive analysis of the complex legal framework in which universities work and the remedies which may be sought in the event of disputes. The Law of Higher Education has been fully updated to take account of the many legislative changes which have come into force since the publication of the second edition in 2012. New sector legislation in place in England, Scotland and Wales, with fundamental changes in the way higher education is regulated and changes in the general law (e.g. data protection, prevention of terrorism, consumer protection) and how they affect the operation of institutions are all dealt with in detail, with reference to and analysis of the relevant case law throughout. Additionally attention is given to new responsibilities faced by institutions under the General Data Protection Regulation. Although focussing on UK laws, material on the international context is examined, which remains particularly important as institutions are increasingly involved in international exchanges and collaborations, as well as being subject to the increasing globalisation of higher education.
Nancy Leong reveals how powerful people and institutions use diversity to their own advantage and how the rest of us can respond—and do better. Why do people accused of racism defend themselves by pointing to their black friends? Why do men accused of sexism inevitably talk about how they love their wife and daughters? Why do colleges and corporations alike photoshop people of color into their websites and promotional materials? And why do companies selling everything from cereal to sneakers go out of their way to include a token woman or person of color in their advertisements? In this groundbreaking book, Nancy Leong coins the term "identity capitalist" to label the powerful insiders who eke out social and economic value from people of color, women, LGBTQ people, the poor, and other outgroups. Leong deftly uncovers the rules that govern a system in which all Americans must survive: the identity marketplace. She contends that the national preoccupation with diversity has, counterintuitively, allowed identity capitalists to infiltrate the legal system, educational institutions, the workplace, and the media. Using examples from law to literature, from politics to pop culture, Leong takes readers on a journey through the hidden agendas and surprising incentives of various ingroup actors. She also uncovers a dire dilemma for outgroup members: do they play along and let their identity be used by others, or do they protest and risk the wrath of the powerful? Arming readers with the tools to recognize and mitigate the harms of exploitation, Identity Capitalists reveals what happens when we prioritize diversity over equality.
"A superb book on the treatment of race, gender, and punishment."- Susan L. Miller, professor of sociology and criminal justice, University of Delaware "This volume stands as first-rate evidence that the sociological imagination is alive and well. The contributors move the discussion of race, gender, and social control beyond the statistical morass with their historically-situated analyses that simultaneously demonstrate the diversity of socially constructed categories."-Claire M. Renzetti, University of Dayton The disproportionate representation of black Americans in the U.S. criminal justice system is well documented. Far less well-documented are the entrenched systems and beliefs that shape punishment and other official forms of social control today. In this book, Mary Bosworth and Jeanne Flavin bring together twelve original essays by prominent scholars to examine not only the discrimination that is evident, but also the structural and cultural forces that have influenced and continue to perpetuate the current situation. Contributors point to four major factors that have impacted public sentiment and criminal justice policy: colonialism, slavery, immigration, and globalization. In doing so they reveal how practices of punishment not only need particular ideas about race to exist, but they also legitimate them. The essays unearth troubling evidence that testifies to the nation's brutally racist past, and to white Americans' continued fear of and suspicion about racial and ethnic minorities. The legacy of slavery on punishment is considered, but also subjects that have received far less attention such as how colonizers' notions of cultural superiority shaped penal practices, the criminalization of reproductive rights, the link between citizenship and punishment, and the global export of crime control strategies. Mary Bosworth is University Lecturer in criminology and fellow of St. Cross College at the University of Oxford. Jeanne Flavin is an associate professor in the sociology and anthropology department at Fordham University. |
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