In 2009 the US House of Representatives passed legislation requiring reductions in greenhouse gas emissions by 18 percent over the coming decade. Later that year, President Obama went to Copenhagen to sign a treaty requiring reductions by 50 percent over a two-decade period. The President came back with nothing: no firm commitment to reduce emissions and only a vague target to hold global temperature rises to under 2 C. How does a President who has a 75-vote majority in the House and a 19-vote majority in the Senate who has pre-approval for a treaty reducing greenhouse gas production by 18 percent not achieve a treaty with at least the minimum goal of 18 percent reductions by 2020?Others have answered the puzzle by looking at institutional designs or negotiation dynamics. This book articulates a multilevel process that starts with local politics to explain how they can influence international negotiations and why President Obama s efforts in Copenhagen were doomed to fail. Understanding the role of local private interests can help form strategies for overcoming national resistance to climate change legislation and ultimately international agreements that could change the environmentally self-destructive course we are on."

At the ideological center of the Supreme Court sits Anthony M. Kennedy, whose pivotal role on the Rehnquist Court is only expected to grow in importance now that he is the lone "swing Justice" on the Roberts Court. The Ties Goes to Freedom is the first book-length analysis of Kennedy, and it challenges the conventional wisdom that his jurisprudence is inconsistent and incoherent. Using the hot-button issues of privacy rights, race, and free speech, this book demonstrates how Kennedy forcefully articulates a libertarian constitutional vision. The Tie Goes to Freedom fills two significant voids—one examining the jurisprudence of the man at the ideological center of the Supreme Court, the other demonstrating the compatibility of an expansive judicial role with libertarian political theory.

The unremitting horror of the consequences of violent crime has never been depicted with such relentless honesty and anger as in "The Victim's Song". Eric Kaminsky, a twenty-two-year-old music student was robbed, stabbed in the back, and then thrown on the tracks of a New York City subway, where he died. In this book, Professor Alice R. Kaminsky, Eric's mother, gives a powerful account of this senseless tragedy. She describes the continuing pain she suffers from the loss of her only child and exposes the inadequacies of our flawed criminal justice system in her discussion of the trial of his murderers. This is a shocking book because the author expresses her anger honestly and without offering any of the palliatives of the bereavement books. No one who reads "The Victim's Song" will ever forget the torment experienced by the victims of crime in our increasingly violent society. Nor will anyone who reads "The Victim's Song" ever forget Eric Kaminsky.

How does the European Convention on Human Rights apply to people who suffer mental ill-health or are alleged to be affected by such a condition? The last few years have seen a raft of important judgments from Strasbourg concerning the rights of people with mental health issues. This book provides a practical and critical analysis of obligations arising from the rights to life, freedom from inhuman or degrading treatment, liberty and security of the person, family and private life, and other ECHR rights. It considers the impact of human rights and mental health in the context of criminal law, family law and Court of Protection issues. The authors give an article-by-article summary of the most important case law, as well as a thematic summary, drawing together issues relevant to practitioners specialising in mental health law as well as legal practitioners working in fields that require knowledge of Strasbourg jurisprudence on mental health including Court of Protection, family and criminal practitioners.

When first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.

Although women comprise nearly half of all law students and incoming associates at law firms, and have done so for many years, they remain greatly outnumbered by men at senior levels. If nothing is done to change this trend, the percentage of women equity partners will remain under 20 percent for decades to come. Slow progress in gender equality at senior roles raises awkward questions for the industry - and highlights the challenges that women lawyers face when developing their careers. Indeed, at mid-career, when earnings peak, the top 10 percent of female lawyers earn more than $300,000 a year, while the top 10 percent of male lawyers earn more than $500,000. Coupled with this, the number of female equity partners at top US law firms has risen by only five percent in the last 12 years. Although women comprise 47 percent of associate ranks at law firms, female lawyers make up only 31 percent of those entering the equity partnership class. This book is for women, by women - to help female lawyers progress their careers in an industry still struggling with gender equality. Written by outstanding women lawyers in their respective fields, each contribution takes a personal and professional view of the legal sector, providing insight and analysis of issues as diverse as flexible working, portfolio careers, unconscious bias and the modern career trajectory. The book is split into four sections, and begins with the results of original research undertaken by ARK Group in early 2019. Surveying 100 women lawyers from across the globe, we asked women at all stages in their careers to open up about their experiences, from recruitment to retirement, and the challenges - and opportunities - that being female has brought. The results make for interesting, and perhaps surprising, reading.

What role can US domestic courts play in the worldwide enforcement of human rights? When international courts deny hearings to individual plaintiffs who cannot obtain the sponsorship of their own government (which may well be the defendant), these plaintiffs are finding US courts increasingly willing to hear their cases. This volume considers the implications of this de facto extension of the jurisdiction of US courts, the problem of enforcing the decisions of the courts, the relationship between human rights law and foreign policy and the emerging consensus on the primacy of human rights over the sovereign rights of states.

Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant's theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.

This book engages the intense relationship between citizenship and security in modern politics. It focuses on questions of citizenship in security analysis in order to critically evaluate how political being is and can be constituted in relation to securitising practices.

In light of contemporary issues and events such as human rights regimes, terrorism, identity control, commercialisation of security, diaspora, and border policies, this book addresses a citizenship deficit in security studies. The chapters introduce several key political themes that characterise the interplays between citizenship and security: changes in citizenship regimes, the renewed insecurity of citizenship-state relations, the emerging ways by which the political and national communities are crafted, and the ways democratic societies and regimes react in times of insecurity. Approaching citizenship as both a governmental practice and a resource of political contestation, the book aims to highlight what political challenges and contestations are created in situations where security intensely meets citizenship today.

This book will be of interest to scholars of security studies and security politics, citizenship studies, and international relations.

The symbiosis that exists between entrepreneurship and law is of paramount importance in accommodating and advancing the freedom to innovate, as well as the need to prevent unfair and abusive activities. Seminal articles and essays reprinted in this collection examine several major subject areas of law associated with entrepreneurship, including intellectual property, restrictive covenants designed to protect proprietary information, business organizations, taxation, securities regulation and tort law. This collection presents issues implicated in both for-profit growth ventures and creative social enterprises. It also explores the roles of lawyers and trends in the education of law students to become professionals in fields ranging from valuable counselors to entrepreneurs. Along with a new and original introduction by leading scholars, this essential single volume is an invaluable tool to researchers, academics and entrepreneurs.

This Handbook provides a comprehensive guide for college students and high school seniors considering law school. It teaches how to build an undergraduate resume, how to gather information about law school and legal careers, how to prepare for the Law School Admissions Test (LSAT) and how to navigate the pitfalls of the law school application process. It also leads students through the law school curriculum, the central importance of the first year (1L), the roles played by Law Review, clinical programs, Moot Court, Mock Trial, interviewing, networking, summer associate positions and clerkships. Finally, it concludes with seven lessons to carry from law school into legal practice. This Handbook arises from the author's two careers-one as a university professor and pre-law advisor, the other as a magna cum laude law school graduate and a successful practicing attorney. Along the way it conveys the author's love of the law and admiration for the role of law in the United States. How to Think About Law School adopts a broader and longer perspective than any of its competitors, beginning with freshman year, and covering each year as an undergraduate, through law school admissions, the three years of law school, and into the beginnings of legal practice. The Handbook provides useful, concrete and practical information including, lists of Dos and Don'ts, a Four Year Checklist, information about key resources, a step-by-step explanation of the law school application process, as well as a formula for selecting "competitive," "safe" and "reach" law schools. In addition, it presents detailed information about the law school curriculum each year, the importance of Law Review, clinical programs, Moot Court, interviewing skills, and summer associate positions. Addresses current downsides to the practice of law in a more open way than any of its competitors, including the exorbitant cost of law school, the difficulty repaying law school debt, the lack of opening legal positions in the wake of 2008, the high levels of job dissatisfaction in the profession, the stresses practice places upon a personal live. The book concludes with seven critical lessons to carry from law school into the practice of law.

Written between 1969 and 1999, these essays in political philosophy examine the standards by which social and political institutions should be justified and appraised. The collection includes the classic essays "Preference and Urgency", "A Theory of Freedom of Expression", and "Contractualism and Utilitarianism", as well as other essays that have not been generally accessible until now. The volume will be essential reading for all studying these topics from the perspective of political philosophy, politics, and law.

At 5:45 p.m. on September 9, 1919, Boston was effectively without a police force, leaving the city victim to four days of crime, looting, and violence. After a 24-hour vote, the Boston Police Department abandoned their posts, leading to the greatest tragedy in American policing, the Boston Police Strike of 1919. This is a compelling account of the historical antecedents that led to the strike and its complex political and societal ramifications. Through meticulous research, Oliver explores the perspectives and motivations of all involved, from the police officers attempting to unionize to the city’s leaders attempting to retain command and control of its patrolmen.

"No Equal Justice" is the seminal work on race- and class-based double standards in criminal justice. Hailed as a "shocking and necessary book" by "The Economist," it has become the standard reference point for anyone trying to understand the fundamental inequalities in the American legal system. The book, written by constitutional law scholar and civil liberties advocate David Cole, was named the best nonfiction book of 1999 by the "Boston Book Review" and the best book on an issue of national policy by the American Political Science Association.

"No Equal Justice" examines subjects ranging from police behavior and jury selection to sentencing, and argues that our system does not merely fail to live up to the promise of equality, but actively requires double standards to operate. Such disparities, Cole argues, allow the privileged to enjoy constitutional protections from police power without paying the costs associated with extending those protections across the board to minorities and the poor.

How social security disability law is out of touch with the contemporary American labor market Passing down nearly a million decisions each year, more judges handle disability cases for the Social Security Administration than federal civil and criminal cases combined. In Social Security Disability Law and the American Labor Market, Jon C. Dubin challenges the contemporary policies for determining disability benefits and work assessment. He posits the fundamental questions: where are the jobs for persons with significant medical and vocational challenges? And how does the administration misfire in its standards and processes for answering that question? Deploying his profound understanding of the Social Security Administration and Disability law and policy, he demystifies the system, showing us its complex inner mechanisms and flaws, its history and evolution, and how changes in the labor market have rendered some agency processes obsolete. Dubin lays out how those who advocate eviscerating program coverage and needed life support benefits in the guise of modernizing these procedures would reduce the capacity for the Social Security Administration to function properly and serve its intended beneficiaries, and argues that the disability system should instead be “mended, not ended.” Dubin argues that while it may seem counterintuitive, the transformation from an industrial economy to a twenty-first-century service economy in the information age, with increased automation, and resulting diminished demand for arduous physical labor, has not meaningfully reduced the relevance of, or need for, the disability benefits programs. Indeed, they have created new and different obstacles to work adjustments based on the need for other skills and capacities in the new economy—especially for the significant portion of persons with cognitive, psychiatric, neuro-psychological, or other mental impairments. Therefore, while the disability program is in dire need of empirically supported updating and measures to remedy identified deficiencies, obsolescence, inconsistencies in application, and racial, economic and other inequities, the program’s framework is sufficiently broad and enduring to remain relevant and faithful to the Act’s congressional beneficent purposes and aspirations.

Crime has been present in all cultures and societies, since the beginning of time. This work focuses on the punishments common in England around the time of Shakespeare and Milton, presenting descriptions of more than fifty criminal cases. Information comes from narratives printed for the popular news media at the time of the event. Details of everyday life in England and facts about the English legal environment of the era are brought to light. Also revealed through the narratives are issues present in society today—i. e., the status of women, poverty, and corruption. Individual cases are discussed under chapters devoted to specific types of crimes.

The Microfoundations of Diaspora Politics examines the various actors within and beyond the state that participate in the design and implementation of diaspora policies, as well as the mechanisms through which diasporas are constructed by governments, political parties, diaspora entrepreneurs, or international organisations. Extant theories are often hard-pressed to capture the empirical variation and often end up identifying 'exceptions'. The multidisciplinary group of contributors in this book theorise these 'exceptions' through three interrelated conceptual moves: first, by focusing on understudied aspects of the relationships between states as well as organised non-state actors and their citizens or co-ethnics abroad (or at home - in cases of return migration). Second, by examining dyads of 'origin' states and specific diasporic communities differentiated by time of emigration, place of residence, socio-economic status, migratory status, generation, or skills. Third, by considering migration in its multiple spatial and temporal phases (emigration, immigration, transit, return) and how they intersect to constitute diasporic identities and policies. These conceptual moves facilitate comparative research and help scholars identify the mechanisms connecting structural variables with specific policies by states (and other actors) as well as responses by the relevant diasporic communities. This book was originally published as a special issue of the Journal of Ethnic and Migration Studies.

In this national bestseller, discover how the left's partisan push to pack the Supreme Court with liberal justices has fully migrated from the fringes into the mainstream of Democratic politics. It wasn't long ago that liberal icons, including the late Supreme Court Justice Ruth Bader Ginsburg, were against the idea of overhauling the court for political gain. But now, in the Biden era, more and more powerful Democrats are getting behind the cause, claiming the high court is broken and actively dismantling our democracy. Even Joe Biden-who once called court-packing a "bonehead idea"-gave in to the progressive wing of his party, appointing a committee to examine "reforms" to the court after being sworn in as president. What changed? Mike Lee, a respected member of the Senate Judiciary Committee, reveals the answer to that question and warns of the dangerous norm-shattering precedent that would be set by politically motivated attempts to turn the Supreme Court into just another partisan weapon.

A detailed look at the Rehnquist Court's key figures, rulings, and major changes to U.S. constitutional law. Did the Rehnquist Court, which followed the liberal Warren Court and the moderate Burger Court, achieve a conservative counterrevolution? Using quantitative data to supplement detailed opinion analysis, political scientist Thomas R. Hensley argues that continuity not change characterized the Rehnquist Court era. But without a doubt, the Rehnquist Court was frequently a war zone. Fourteen justices served during the Rehnquist era, which began in 1986 during the Reagan administration and ended with Rehnquist's death in September 2005. Presidents Reagan and Bush appointed conservative justices and set in motion an assault on the "ultra-liberal" decisions made by the two previous courts. But President Clinton appointed two moderate Democrats, slowing the conservative juggernaut. The result? One of the most fascinating, contentious, and crucial periods in the history of the U.S. Supreme Court.

Title 16 presents regulations governing commercial practices and covers product-specific bans, standards, and requirements; policy on imported products, importers, and foreign manufacturers; export of non-complying, misbranded, or banned products; and commission notification of foreign government. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.

The insanity defense debate has come full circle, again. The current round began when John Hinckley opened fire; in 1843, it was Daniel M'Naghten who pulled the trigger; the "acts" of both would-be "insanity acquittees" provoked the press, the populace, a President, and a Queen to expressions of outrage, and triggered Congress, the House of Lords, judges, jurists, psychologists, and psychiatrists to debate this most maddening matter. "Insanity" -which has historically been surrounded by defenses, defen ders, and detractors-found itself once again under siege, on trial, and undergoing rigorous cross-examination. Treatises were written on the sub ject, testimony was taken, and new rules and laws were adopted. The dust has settled, but it has not cleared. What is clear to me is that we have got it wrong, once again. The "full circle" analogy and historical parallel to M'Naghten (1843) warrant some elaboration. Hinckley's firing at the President, captured by television and rerun again and again, rekindled an old debate regarding the allegedly insane and punishment (Caplan, 1984; Maeder, 1985; Szasz, 1987), a debate in which the "insanity defense" is centrally situated. The smolderings ignited anew when the Hinckley (1981) jury brought in its verdict-"not guilty by reason of insanity" (NGRI)."

What role should the Senate play in the selection and confirmation of judges? What criteria are appropriate in evaluating nominees? What kinds of questions and answers are appropriate in confirmation hearings? How do judges interpret laws enacted by Congress, and what problems do they face? And what kinds of communications are proper between judges and legislators? These questions go to the heart of the relationship between the federal judiciary and Congress--a relationship that critically shapes the administration of justice. The judiciary needs an environment respectful of its mission; and the legislative branch seeks a judicial system that faithfully construes its laws and efficiently discharges justice. But the judicial-congressional relationship is hindered by an array of issues, including an ever-rising judicial caseload, federalization of the law, resource constraints, concerns about the confirmation process, increasing legislative scrutiny of judicial decisionmaking and the administration of justice, and debates about how the courts should interpret legislation. Drawing on the world of scholarship and from personal experience, Robert A. Katzmann examines governance in judicial-congressional relations. After identifying problems, he offers ways to improve understanding between the two branches. Copublished with the Governance Institute