This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

Written by specialists in law and economics, this book studies the role of liability rules in an effort to illustrate the possible consequences of statutory tampering with them. The contributors explain how statutory and common law liability rules evolved, how they work in current practice, and how changes in rules can alter economic outcomes in significant and unintended ways. Although price theory is the primary analytical tool employed in the study, the contributors also provide a wealth of institutional detail intended to illuminate the structure and operation of forces at work when questions of product or service liability arise.

Throughout, the contributors focus on the effects of individual decision making: how incentives faced by individuals are affected by liability rules and how the collective actions of purposeful individuals working in private markets and through the political process affect social outcomes. Among the specific topics addressed are using liability rules to deter government takings, the impact of government liability on private risk avoidance, the allocation of product liability by market share, liability and environmental quality, the effects of the flammability rule, deposit insurance and the savings and loan fiasco, and the political debate over automobile air bags. The contributors conclude that attempts to remedy alleged defects in the common law by legislative edict are not well grounded. Ideal as supplemental reading for courses in business and government, this volume will also be of significant interest to students of law and economics.

This book is a critique of the jury and a collection of statements about various aspects of the jury made by observers during the past 200 years. Its purpose is to help laymen think about and understand issues involving the jury.

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.

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.

Drinking alcohol can, in rare instances, provoke a temporary psychotic often violent reaction called pathological intoxication. Although it was medically identified in 1869, pathological intoxication has been an enigma to the law for over a century, primarily because the actual medical and psychiatric aspects of the concept have not been adequately explained before. But, as the authors of this volume point out, it is crucial for the defense attorney and the prosecutor to understand whether pathological or ordinary intoxication is involved in a particular case because pathological intoxication furnishes the basis of important and perhaps decisive defense strategies beyond those which derive from ordinary intoxication. This interdisciplinary study provides the first in-depth exploration of both the medical and psychiatric facts underlying the phenomenon of pathological intoxication and explores the suitability of various defense theories.

Written especially for practicing criminal defense lawyers, public defenders, prosecutors, and forensic psychiatrists, the volume begins by examining the clinical and experimental evidence of pathological intoxication. In subsequent chapters, the authors alert the attorney to the indications that a defendant should be examined for possible pathological intoxication and include hard-to-find medical sources of support for the concept to persuade courts and prosecutors of its legitimacy. A series of chapters thoroughly explores all the relevant legal defense strategies available in pathological intoxication cases including the defense of automatism, the law of insanity, involuntary intoxication, and diminished capacity and extreme mental and emotional disturbance. Throughout, the authors incorporate both domestic and foreign literature relating to pathological intoxication. The inclusion of ample case examples as well as a wealth of medical and psychiatric data make this book a major contribution to our understanding of both the phenomenon of pathological intoxication and its implications for legal defense strategy.

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."

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.

Taxi is 'n versameling stories uit en vir Afrika. Met die makorakora-taxi van die storie as voertuig word daar deur Suid-Afrika gereis: deur herinneringe aan vervloe jare en oor kontoere van die eietydse landskap; verby landelike uitsigte op grasbulte, beeste en kaalgeveegde werfies tot die dekor van die grootstad, voorstad en township; langs die stasies van vreugde en pyn op die lewenspaaie van die land se mense. Op reis word daar telkens aangedoen by 'n nuwe staanplek: feestelike byeenkoms, stokvel, boereplaas, straatkafee, township square of sjebien. Die eindbestemming: leesplesier in 'n taal wat self soos 'n landskap ontplooi.

"Interpreting The Constitution" doesn't fit neatly into the extensive literature on judicial review and constitutional interpretation that reconciles judicial review with democracy defined as majority rule. Indeed, Chemerinsky criticizes this method of interpretation and contends that the Constitution exists to protect political minorities and fundamental rights from majority rule. Chapter by chapter, he keenly defends this unique method of interpretation, challenges the general approach, and offers thorough, expert coverage.

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.

WINNER OF THE ORWELL PRIZE WINNER OF IRISH BOOK OF THE YEAR SHORTLISTED FOR THE BAILLIE GIFFORD PRIZE ‘The most important work of contemporary reporting I have ever read’ SALLY ROONEY The treatment of refugees has become one of the most devastating human rights disasters in our history. In this book, award-winning journalist Sally Hayden unfolds a staggering investigation into the migrant crisis across North Africa. This book follows the experiences of refugees, telling a range of shocking and eye-opening human stories. But it also surveys the bigger picture: the negligence of NGOs and corruption within the United Nations. The economics of the twenty-first-century slave trade and the EU’s bankrolling of Libyan militias. The trials of people smugglers, the frustrations of aid workers, the loopholes refugees seek out and the role of social media in crowdfunding ransoms. Who was accountable for the abuse? Where were the people finding solutions? Why wasn’t it being widely reported? At its heart, this is a book about people who have made unimaginable choices, risking everything to survive in a system that wants them to be silent and disappear.

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.

In 1795, the Georgia legislature sold the state's western lands (present-day Alabama and Mississippi) to four private land companies. A year later, amid revelations of bribery, a newly elected legislature revoked the sale. This book tells the story of how the great Yazoo lands sale gave rise to the 1810 case in which the Supreme Court, under Chief Justice John Marshall, for the first time ruled the action of a state to be in violation of the Constitution, specifically the contract clause. Truly a landmark case, Fletcher v. Peck established judicial review of state legislative proceedings, provided a gloss on the contract clause, and established the preeminent role of the Supreme Court in private law matters. Beneath the case's dry legal proceedings lay a tangle of speculating mania, corruption, and political rivalry, which Charles Hobson unravels with narrative aplomb. As the scene shifts from the frontier to the courtroom, and from Georgia to New England, the cast of characters includes sharp dealers like Robert Morris, hot-headed politicians like James Jackson, and able counsel like John Quincy Adams, along with, of course, John Marshall himself. The improbably dramatic tale opens a window on land transactions, Indian relations, and the politics of the early nation, thereby revealing how the controversy over the Yazoo lands sale reflected a deeper crisis over the meaning of republicanism. Hobson, a leading scholar of the Marshall Court, lays out the details of the litigation with great clarity even as he presents a longer view of the implications and consequences of Fletcher v. Peck.

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.

This title gives students and other users a clear understanding of the true state of voting and representative democracy in the United States by impartially examining claims surrounding voter fraud, voter suppression, gerrymandering, and other voting-related issues in the U.S. This work is part of a series that uses evidence-based documentation to examine the veracity of claims and beliefs about high-profile issues in American culture and politics. Each book in the Contemporary Debates series is intended to puncture rather than perpetuate myths that diminish our understanding of important policies and positions; to provide needed context for misleading statements and claims; and to confirm the factual accuracy of other assertions. This particular volume examines beliefs, claims, and myths about voting and elections in the United States. Issues covered include constitutional provisions concerning the franchise, constitutional amendments expanding the vote to previously disenfranchised groups, the specific provisions of the landmark Voting Rights Act of 1965, and modern-day controversies swirling around claims of voter suppression for partisan gain, voter fraud, and partisan gerrymandering. All of these issues are examined in individualized entries, with objective responses grounded in up-to-date evidence.

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.

"Religion, Law, and Freedom: A Global Perspective" introduces readers to diverse perspectives on the interplay of religion, law, and communications freedom in different cultures around the world. Through discussion and analysis of the religious mores and cultural values that a nation adheres to, a greater understanding of that nation, its laws, and its freedoms can be cultivated. Rather than suggesting that harmony can be achieved without conflict, the essays in this volume seek to present the reader with a variety of perspectives from which to view and understand the relationships among religion, law, and freedom in various cultures. This multifaceted analysis, therefore, helps readers draw their own conclusions as to the best way to resolve cultural conflict brought about by the growing global community.

The book consists of fifteen chapters, authored or coauthored by 17 international scholars representing China, Germany, Israel, Iran, Japan, Latvia, Nigeria, Singapore, the United Kingdom, and the United States. The chapters are organized into four parts: "Perspectives on Eastern and Western Religions; Press Freedom in Religious and Secular Societies; Journalism, Advertising, and Ethical Issues;" and "Religion, Politics, Media, and Human Rights." This important contribution will especially appeal to researchers and students in such fields as mass communications, legal studies, cultural studies, political science, religion, intercultural communications, international communications, and journalism.

Introduction. An Experimental Approach to Victim Decision Making. Experimental Studies on the Role of Social Influence in Victim Decision Making. Eyewitness Identification by Theft Victims. Analyses Across Experimental Studies. Normative Expectations for Calling the Police. Archival Analyses. Self-Reports: Surveying Crime Victims. A Model of Crime Victim Decision Making. Summary and Implications of the Research. Appendix: A Lawsuit Against the Researchers. Index.