Until now, an approach to land use management planning that not only addresses economic issues, but also environmental concerns and health issues of land use has been lacking. These issues are vital for public policy makers, decision-makers throughout the private sector, as well as all businesses and industries that share space with the communities they serve and draw from. This volume covers the legal and regulatory aspects of land use management, the process of land use planning, and all of the related environmental, health, and societal impacts that land use planning entails. This book provides a clear, multidisciplinary approach to a very complex set of issues. An essential resource not only for public administrators, policymakers, and planners, but for people with corresponding responsibilities in business and industry, their attorneys and other advisors, and for their colleagues with similar concerns.

Because of their inestimable importance, land use decisions require thorough study and evaluation before project implementation--but what makes this a challenge is the uncommon breadth of knowledge and familiarity with a wide range of disciplines that decision makers must process--and yet few have the necessary background and training. El-Ahraf, Qayoumi, and Dowd have thus had to attack their topic from a variety of viewpoints and disciplines, such as urban plannning, environmental science, energy use, public health, as well as from the viewpoints of people whose concerns are primarily socioeconomic and legal. They take these disparate and often conflicting viewpoints and integrate them, giving readers a systematic way to acquire a holistic appreciation of the topic. Although the book focuses primarily on land use in the United States, it borrows relevant examples from international data. It is therefore useful not only as a text for college courses in the area of public health and urban planning, but as a reference for professionals in many different fields with related concerns.

The procedures of summary judgment as well as other preclusive devices have been hailed by many as an effective solution to the current overload facing American courts. In addition to promising speed, these alternative methods also contribute to reduced legal and court costs. Freedman presents a comprehensive discussion of the major preclusive legal mechanisms, amply supported by relevant case law and decisions. The author not only describes the use of such devices in detail but also indicates the circumstances under which such actions are most likely to be successful.

Following an introduction, Freedman presents an in-depth treatment of the motion for summary judgment and adjudication without trial. A general chapter on accelerated judgments is followed by a detailed description of the declaratory judgment. Subsequent chapters explore the uses of various preclusive techniques including provisional remedies, requests for admission and other time-saving devices, intervention and interpleader, release-dismissal and settlement agreements, bifurcation, and the summary jury trial. A separate chapter is devoted to the preclusive doctrines of res judicata and collateral estoppel, while the concluding chapter discusses court sanctions for nonpreclusion. Taken as a whole, this is a cogent, well-documented exploration of the use of preclusive methods in contemporary litigation.

This edited collection focuses on the problem of social justice, or, more particularly, how the demand for social justice was articulated and implemented in ancient civilizations, including, from east to west, the Chinese, Indian, Iranian, Babylonian, Assyrian, Israelite, Egyptian, Greek, and Roman. These essays are supplemented by discussions of the functioning of social justice in early and medieval Islam and in the postmedieval Anglo-Saxon world. The volume contains extended discussions of specific legal regulations, royal edicts, and socioeconomic practices in the various civilizations, and examinations of their social, political, and economic consequences. Written by leading scholars in their respective fields, this volume will be of great interest to researchers dealing with the ancient world and the evolution of political philosophy and legal and economic rights.

Against the background of the economic dynamics of financial markets, this book examines the EU regulatory and supervisory framework for central counterparties (CCPs) that clear derivative contracts. The book combines a deep technical regulatory analysis of the applicable EU and US rules with a policy-oriented perspective, offering novel insights for both policymakers and practitioners, particularly with respect to CCP market access regimes.Years before the 2008 financial crisis, Wall Street magnate Warren Buffett described derivative contracts as 'financial weapons of mass destruction'. This book analyzes why and howin a bid to discharge the destructive forces that derivatives may entailinternational policy initiatives have converted CCPs for derivatives into the nuclear powerhouses of modern financial markets. Trillions of euros now change hands through these institutions every year. This risk centralization has turned CCPs into powder kegs with the potency to ignite financial and economic crises. Viewed through this lens, regimes for CCP market access constitute a pivotal safety valve for financial stability. In the post-Brexit era, the question of how this safety valve ought to be designed has taken center stage in the political arena but has remained vastly undertheorized.By examining how CCPs serve as risk managers and loss absorbers, under what conditions they can become sources of financial instability, and how the body of literature on the different emanations of systemic risk may be applied to the market for centrally cleared derivatives, this book develops a framework for thinking about the structure of CCP market access regimes. The book then employs this framework to assess the EU rules for CCP market access. The outcome of this exercise suggests that the increasingly inward-looking EU approach towards CCP market access may not promote financial stability.

Well-documented and clearly-written, this important volume examines the interaction between scientific and engineering knowldege and the exercise of policy discretion in environmental, health, and safety regulation. The findings presented in the work derive in large part from a three-year study of two regulatory programs, the hazardous air pollutant program of the Environmental Protection Agency and the occupational health standards program of the Occupational Safety and Health Administration, and are based upon the activities within these programs between 1971 and 1980. The author's first-hand experience in the Office of Science and Technology in the Executive Office of the President during the Carter Administration further enhances the authority and thoroughness of the volume.

This critical yet honest appraisal of our criminal justice system addresses its strengths and its flaws—and makes recommendations for improvement. The American Criminal Justice System: How It Works, How It Doesn't, and How to Fix It calls attention to a criminal justice system that needs improvement. Author Gerhard Falk shows that the police themselves often violate the law; that prosecutors send innocent citizens to prison and even to death row; that defense attorneys take on cases they are not prepared to handle; that juries vote guilt or innocence on the basis of emotion, not facts; that judges are often failed attorneys or unscrupulous politicians; and that jails and prisons are too frequently warehouses of the poor. As background for his analysis, Falk discusses the history of the police, prosecutors, defense attorneys, and judges, as well as the history of prisons and "the prison industrial complex." He also offers a devastating analysis of the death penalty and its practitioners. The book ends with recommendations for the improvement of our criminal justice system so that America can truly be, as our Supreme Court proclaims, a land of "Equal Justice under Law."

This volume of "Studies in Law, Politics, and Society" presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law. Their work examines the complex intersections of sovereignty, legality, and power, the relationship between legal theory and critique, and the way identity politics shapes public policy. The articles published here illuminate some of the exciting and innovative work being done in interdisciplinary legal scholarship.

Although Americans enjoy the convenience and economic benefits of the world's most advanced air transportation system, the future of the airline industry is clouded by capacity constraints, safety and environmental concerns, the consolidation of carriers, and, especially, airline labor relations under the Railway Labor Act. In this volume, William E. Thoms and Frank J. Dooley provide a comprehensive, authoritative overview of the history, the law, and the mechanics of modern airline labor bargaining. The authors trace the development of airline labor law, the representation and labor bargaining processes, and labor protection. The discussion is enhanced throughout by the inclusion of up-to-date case law. Other statutes which have an important impact on the employment relationship such as the Airline Deregulation Act are also considered in detail. Finally, the authors explore future issues which may affect relations between labor and management in the aviation industry.

The book begins by reviewing the background of airline labor law, providing insights into the origins of airline regulation. The authors then provide a thorough discussion of the Railway Labor Act negotiating process, including the requirements of the Act, procedural steps in major and minor disputes, the role of the National Mediation Board, and mandatory bargaining subjects. Six areas related to the settlement of disputes are then studied in greater detail: the distinction between major and minor disputes; the role of air transport system boards of adjustment; the purpose of emergency boards; the related concepts of impasse, economic self-help, and reinstatement; strikes, boycotts, and injunctions under the Railway Labor Act; and restrictions on subcontracting. The next two chapters examine other statutes affecting airline labor relationships and the labor protection provisions of the Railway Labor Act. The authors conclude by looking at future trends in aviation labor law and the impact of issues such as drug testing, employee ownership plans, and mergers on airline labor relations. Ideal as a set of readings for courses on transportation law, labor economics, and transportation management, this book will also be of significant interest to regulators, union leaders, and attorneys specializing in transportation issues.

Problems that face teachers and educators today include the lack of a sound culture of teaching and learning in the classroom, the lack of student discipline and poor classroom management skills. This edition presents a new approach to the ever-important subject of the teacher's task in the classroom and meets the new criteria for teacher education in classroom management, as set out in the Cotep document.

Brave and fascinating, as well as important . . . . A scholarly and comprehensive contribution to our growing knowledge of the history of homosexuality.
--Jeffrey Weeks

Recent years have seen enormous attention devoted to the history of sexuality in the Western world. But how has the West conceived of non-western societies been influenced by these other traditions? The Geography of Perversion and Desire is the first historical study to demonstrate convincingly that the representation cultural otherness, as found in European thought from the Enlightenment through modern times, is closely interrelated with modern constructions of homosexual identity. Travel reports and early ethnographic accounts of cross-gender roles in the Americas, Africa, and Asia corroborated the 18th century construction of the sodomite identity. Similarly, the late 19th-century construction of the third sex provoked much anthropological speculation on to genetic versus societal nature of male-to-male sexual relations, a precursor of current essentialist versus constructionist debates. An invaluable contribution to the ongoing debates on cultural and sexual otherness, this volume unravels how the categories of the modern sodomite and later homosexual were inextricably intertwined with essentialist definitions of racial identity. In encyclopedic detail, Bleys traces how cross-cultural records were collected, created, structured, manipulated, excerpted, reformulated, and omitted in interaction with changing beliefs about male-to-male sexuality. Focusing in such subjects as puritanism, sodomy, and ethnicity in colonial North America; cross-gender behavior and hermaphrodditism; the semiotics of genitalia; andthe parameters of sexual science, The Geography of Perversion and Desire is a breathtakingly thorough, cross cultural history of sexual categories.

Drawing on travel reports and early ethnographic accounts, The Geography of Perversion and Desire presents the first historical study to demonstrate convincingly that the representation of cultural otherness, as found in European thought from the Enlightenment to modern times, is closely interrelated with modern constructions of homosexual identity.

Naelstring belig die problematiek van transformasie in ’n nuwe Suid-Afrika en die soms fanatieke eise van swart bemagtiging. Die drama sentreer rondom ’n moeder wat weier om haar pasgebore baba se naelstring te knip. Die baba is egter nie bereid om die absurde situasie gelate te aanvaar nie en neem sy gehoor op ’n reis van swart komedie en deernisvolle maar pynlike interaksie. Pieter Fourie, dramaturg en dramaveteraan, is waarskynlik die enigste Suid-Afrikaanse kunstenaar wat diep spore as toneelspeler, regisseur, artistieke direkteur en skrywer getrap het. Met Naelstring deurbreek die bekroonde dramaturg Pieter Fourie opnuut die grense van sy oeuvre.

A team of expert contributors provides an in-depth exploration of police use of force, firearms, and less-than-lethal weapons from a dozen countries across five continents. Police Use of Force: A Global Perspective is a fascinating, international exploration of police use of force, firearms, and less-than-lethal weapons in nations around the world. The book is comprised of three sections: the first focuses on the use of force generally, the second explores firearms and deadly force, and the final section considers less-than-lethal weapons, including pepper spray, TASERs, and other emerging technologies currently on the horizon. The essays gathered here will provide readers with an understanding of the vast differences in how police use force in various countries, as well as why police use force differently under different forms of government. Topics covered include use-of-force definitions, training procedures, policy issues, abuse of police authority, use of force during interrogations, and the use of firearms by armed and unarmed police forces. Finally, there is an essay focusing on how shooting and killing a suspect impacts an officer in the months and years that follow.

Mack explains criminal law in an easy-to-read format, complete with numerous examples that clarify some of the more difficult concepts. It is designed for anyone interested in exploring the basics of criminal law for personal, academic, or professional reasons. High-profile criminal trials have placed criminal law in the national spotlight. While these trials may contain straightforward factual circumstances, often the legal issues surrounding the criminal charges and defenses are complex and confusing. This book explains the basics of criminal law in an easy-to-understand format designed especially for the nonlawyer who has an interest in criminal law. The book approaches criminal law by discussing basic crimes and their elements to help readers understand the necessary requirements for charging and prosecuting crimes. To aid in understanding many of the concepts, the book includes numerous hypothetical situations that place some of the more difficult concepts in an "everyday" context, thereby making them more understandable. Criminal law defenses are also explored, in order to give readers an awareness of how and why some of the more popular defenses are presented in the criminal justice system. The book also provides an overview of the criminal trial process, from the arrest to the final verdict. Mack succeeds in demystifying criminal law by presenting it in an understandable format designed for the nonlegal scholar.

A comprehensive examination of the rulings, key figures, and legal legacy of the Stone Court. When President Franklin Roosevelt got the chance to appoint seven Supreme Court justices within five years, he created a bench packed with liberals and elevated justice Harlan Fiske Stone to lead them. Roosevelt Democrats expected great things from the Stone Court. But for the most part, they were disappointed. The Stone Court significantly expanded executive authority. It also supported the rights of racial minorities, laying the foundation for subsequent rulings on desegregation and discrimination. But whatever gains it made in advancing individual rights were overshadowed by its decisions regarding the evacuation of Japanese Americans. Although the Stone Court itself did not profoundly affect individual rights jurisprudence, it became the bridge between the pre-1937 constitutional interpretation and the "new constitutionalism" that came after.

When the American Railway Union went on strike against the Pullman Palace Car Company in 1894, it set into motion a chain of events whose repercussions are still felt today. The strike pitted America's largest industrial union against twenty-four railroads, paralyzed rail traffic in half the country, and in the end was broken up by federal troops and suppressed by the courts, with union leader Eugene Debs incarcerated. But behind the Pullman case lay a conflict of ideologies at a watershed time in our nation's history.

David Ray Papke reexamines the events and personalities surrounding the 1894 strike, related proceedings in the Chicago trial courts, and the 1895 Supreme Court decision, In re Debs, which set important standards for labor injunctions. He shows how the Court, by upholding Debs's contempt citation, dealt fatal blows to broad-based unionism in the nation's most important industry and to any hope for a more evenhanded form of judicial involvement in labor disputes-thus setting the stage for labor law in decades to come.

The Pullman case was a defining moment in the often violent confrontation between capital and labor. It matched wealthy industrialist George Pullman against Debs and gave a stage to Debs's fledgling attorney Clarence Darrow. Throughout the trial, capital and labor tried to convince the public of the justice of their cause: Debs decrying the company's treatment of workers and Pullman raising fears of radical unionists. Papke provides an analytically concise and highly readable account of these proceedings, offering insight into the strengths and weaknesses of the law at the peak of industrial capitalism, showcasing Debs's passionate commitment to workers' rights, and providing a window on America during a period of rapid industrialization and social transformation.

Papke shows that the law was far from neutral in defending corporate interests and suggests what the Pullman case, by raising questions about both the legitimacy of giant corporations and the revolutionary style of industrial unions, can teach us about law and legal institutions in our own time. His book captures the passions of industrial America and tells an important story at the intersection of legal and cultural history.