Priests of Our Democracy tells of the teachers and professors who battled the anti-communist witch hunt of the 1950s. It traces the political fortunes of academic freedom beginning in the late 19th century, both on campus and in the courts. Combining political and legal history with wrenching personal stories, the book details how the anti-communist excesses of the 1950s inspired the Supreme Court to recognize the vital role of teachers and professors in American democracy. The crushing of dissent in the 1950s impoverished political discourse in ways that are still being felt, and First Amendment academic freedom, a product of that period, is in peril today. In compelling terms, this book shows why the issue should matter to everyone.

Historian Ramses Delafontaine presents an engaging examination of a controversial legal practice: the historian as an expert judicial witness. This book focuses on tobacco litigation in the U.S. wherein 50 historians have witnessed in 314 court cases from 1986 to 2014. The author examines the use of historical arguments in court and investigates how a legal context influences historical narratives and discourse in forensic history. Delafontaine asserts that the courtroom is a performative and fact-making theatre. Nonetheless, he argues that the civic responsibility of the historian should not end at the threshold of the courtroom where history and truth hang in the balance. The book is divided into three parts featuring an impressive range of European and American case studies. The first part provides a theoretical framework on the issues which arise when history and law interact. The second part gives a comparative overview of European and American examples of forensic history. This part also reviews U.S. legal rules and case law on expert evidence, as well as extralegal challenges historians face as experts. The third part covers a series of tobacco-related trials. With remunerations as high as hundreds of thousands of dollars and no peer-reviewed publications or communication on the part of the historians hired by the tobacco companies the question arises whether some historians are willing to trade their reputation and that of their university for the benefit of an interested party. The book further provides 50 expert profiles of the historians active in tobacco litigation, lists detailing the manner of the expert's involvement, and West Law references to these cases. This book offers profound and thought-provoking insights on the post-war forensification of history from an interdisciplinary perspective. In this way, Delafontaine makes a stirring call for debate on the contemporary engagement of historians as expert judicial witnesses in U.S. tobacco litigation.

Practical Social Work Law: analysing court cases and inquiries presents legal issues associated with social work in an accessible format. It approaches the law in a way that is less daunting and more engaging by examining actual court cases and public inquiries, and explores the stories of real people and the legal and ethical dilemmas practitioners will face. The text adopts a problem-centred approach to learning by introducing the reader to key aspects of the law through a series of real-life situations; it addresses basic principles regarding the operation of the law and explores the lessons for good practice. Each chapter addresses a specific area of social work law including family breakdown, safeguarding children, youth justice, adults with disabilities, mental health and mental capacity. Landmark cases, cases drawn from the lower courts, tribunals, and ombudsmans decisions are included throughout presenting an accessible account of the application of the law. Practical Social Work Law is an essential text for undergraduate, postgraduate and recently qualified social workers who are wrestling with the complexity of the law and the professional dilemmas it poses for their practice. "This book is unusual for a law book in that it is not only a reference book but also a very readable volume...[It] is set out clearly and provides a sound basis for student social workers new to the law and a refresher for qualified practitioners." Catherine Poulter. RSW. Integrated Community Services. Carmarthenshire County Council

On 1 December 2009 the Treaty of Lisbon entered into force. Although often described as primarily technical, it significantly amended the Treaty on the European Union (TEU) and the old EC Treaty (now the Treaty on the Functioning of the European Union, TFEU). The authors' aim in this book is to explore what the Treaty means for social law and social policy at the European level. The first part of the book on the general framework looks - at a time of financial crisis - for new foundations for Europe's Social market economy, questions the balance between fundamental social rights and economic freedoms, analyses the role of the now binding Charter of Fundamental Rights, maps the potential impact of the horizontal clauses on social policy and addresses the possibilities for social partners to enlarge their role in labour law and industrial relations. The second part, on the social framework of the Treaty, focuses on the development of the Union's competences. In it the authors evaluate the consequences of the new general framework on social competences, analyse the evolution of the principle of subsidiarity and its impact in the new Treaty, look at the coordination of economic policies in the light of fundamental rights, and analyse the adoption in the Treaty of a new architecture for services of general interest.

This book is a practical guide to the international, EC, and UK law applying to the various uses of nuclear energy and radioactive substances. The first edition - published by Sweet and Maxwell in 1997 - was very well received. Given the renaissance of interest in nuclear power in the UK and worldwide, this new, updated, and much expanded second edition is timely. It covers the law relating to the permitting and operation of nuclear power stations, the decommissioning and clean-up of former nuclear facilities, radiological protection, the management of radioactive waste and spent fuel, liability and insurance, and the security and transport of radioactive materials. Readers will find a clear framework explaining the development and application of nuclear law, and how domestic law is based on and influenced by international and European requirements and by its historical context. In the commercial context, the chapters that deal specifically with new construction and decommissioning will be vital reading. Written by Stephen Tromans, one of the leading environmental law experts who has published widely in this field, the book will be of interest to environmental law practitioners, NGO's, and academics.

The debate over teaching evolution in the public schools remains one of the most emotionally charged controversies in twentieth-century America. This third edition of Edward J. Larson's highly acclaimed study - which ranges from before the Scopes trial of 1925 to the creationism disputes of the 1980's - offers the first comprehensive account of the educational and legal battles errupting from this persistent belief.

Based on interviews with key EPA decision makers and an analysis of the public record, this informative case study demonstrates how the contemporary movement for regulatory reform has actually affected the internal organizational politics of a highly visible administrative agency. The volume offers an in-depth look at how a specific agency effort at regulatory reform can be drastically influenced by the machinations of bureaucratic politics. Evidence is offered to support Cook's claim, in contrast to conventional views, that senior political and career leadership has considerable influence over the policy direction of an administrative agency.

This book provides theoretical and practical insights for effective decision making in situations that involve various types of conflict cleavages. Embedding historical analysis, negotiation analysis, political scientific analysis and game theoretical analysis in an integrated analytical framework allows a comprehensive perspective on various dilemmas and self-enforcing dynamics that inhibit decision making. The conceptualization of strategic facilitation highlights the value of leadership, chairmanship and the role of threshold states in facilitating decision making as the global climate change negotiations unfolds.

Sarnoff's Research Handbook on Intellectual Property and Climate Change is packed with varied perspectives and essential information and is therefore a very useful guide for anyone interested in IP and climate change (and beyond!). To have all this packed tightly into one book is a great thing. I m quite pleased to have it on my bookshelf.' - Eric Lane, Green Patent Blog Written by a global group of leading scholars, this wide-ranging Research Handbook provides insightful analysis, useful historical perspective, and a point of reference on the controversial nexus of climate change law and policy, intellectual property law and policy, innovation policy, technology transfer, and trade. The contributors provide a unique review of the scientific background, international treaties, and political and institutional contexts of climate change and intellectual property law. They further identify critical conflicts and differences of approach between developed and developing countries. Finally they put forward and analyze the relevant intellectual property law doctrines and policy options for funding, developing, disseminating, and regulating the required technologies and their associated activities and business practices. The book will serve as a resource and reference tool for scholars, policymakers and practitioners looking to understand the issues at the interface of intellectual property and climate change. Contributors: P. Ala'i, C. de Avila Plaza, D. Borges Barbosa, P. Bifani, M.A. Carrier, M.W. Carroll, J.L. Contreras, C.M. Correa, E. Derclaye, P. Drahos, C.H. Farley, S. Ferrey, S.E. Gaines, D.A. Gantz, D.J. Gervais, D. Hunter, The International Council on Human Rights Policy, D.S. Levine, C.R. McManis, R.K. Musil, S.K. Sandeen, J.D. Sarnoff, D. Shabalala, G. Tansey, B. Tuncak, J.M. Urban, D. Vivas-Eugui, H. Wang, P.K. Yu

This book looks at how the multiplicity of formal and informal normative systems that actualize the post-disaster recovery goals of the country's Disaster Risk Reduction and Management Act of 2010 has resulted in the inadequate housing and relocation of Typhoon Ketsana victims in the Philippines. Using the sociological and normative pluralist perspectives and the case study method, it evaluates the level of conformity of the components of the housing project according to international conventions and legal standards. It highlights the negative unintended consequences caused by the complex normative regimes of various competing stakeholders, rigid real estate regulation, and the unscrupulous involvement of powerful and 'corrupt' real estate developers and housing groups as largely contributing to the project's deviation from the law's proactive objectives. This book attempts to promote the socio-legal perspectives which have long been overlooked in disaster research. Finally, it invites policymakers to enact a comprehensive disaster law and create a one-stop disaster management agency to improve the long-term rehabilitation of disaster victims in developing countries such as the Philippines.

The Internet brings opportunity and peril for media freedom and freedom of expression. It enables new forms of publication and extends the reach of traditional publishers, but its power increases the potential damage of harmful speech and invites state regulation and censorship as well as manipulation by private and commercial interests. In jurisdictions around the world, courts, lawmakers and regulators grapple with these contradictions and challenges in different ways with different goals in mind. The media law reforms they are adopting or considering contain crucial lessons for those forming their own responses or who seek to understand how technology is driving such rapid change in how information and opinion are distributed or restricted. In this book, many of the world's leading authorities examine the emerging landscape of reform in nations with variable political and legal contexts. They analyse developments particularly through the prisms of defamation and media regulation, but also explore the impact of technology on privacy law and national security. Whether as jurists, lawmakers, legal practitioners or scholars, they are at the front lines of a story of epic change in how and why the Internet is changing the nature and raising the stakes of 21st century communication and expression.

The United Nations Conference on the Environment and Development brought over 100 governments together in Rio de Janeiro (3-14 June 1992) to agree action and legal bases for the future protection of the environment. This text elucidates the UNCED process and the Conference itself by assembling the key documents, including the final version of Agenda 21, and using them to recount how UNCED began, developed and finally, in Rio, came to fruition. Each document is preceded by analytical commentary, and a comprehensive index has been included.

WAhrend das VerstAndnis, die Bearbeitung und die LAsung von existierenden Umweltproblemen sowie die Vermeidung neuer Probleme immer schwieriger werden, werden im gleichen Zuge die finanziellen Ressourcen immer knapper. Deshalb stellt sich die Frage nach dem Erfolg von MaAnahmen und nach den MAglichkeiten ihrer Steuerung und Verbesserung umso dringender. Die Erfolgskontrolle stellt eine Schnittstelle zwischen den Umweltnatur- und den Umweltsozialwissenschaften dar. So werden zu ihrer DurchfA1/4hrung einerseits ein detailliertes SystemverstAndnis von Problem und MaAnahme vorausgesetzt, andererseits sind die Formulierung von Zielen, die Ableitung geeigneter Erfolgskriterien und deren Bewertung eindeutig gesellschaftliche Prozesse. Aufgabe der Erfolgskontrolle ist es, diese Aspekte zu verbinden bzw. die Grundlagen hierfA1/4r zu schaffen. Erfolgskontrollen von umweltrelevanten AktivitAten spielen sowohl in Unternehmen als auch in staatlichen Institutionen eine wichtige Rolle.

This edited collection provides a cross-sectional review of environmental legislation and administration in the United States, with comparative chapters relating to Canada and New Zealand. The experts look at a variety of environmental issues that create policy problems, and while the book offers no blueprint or prognosis of environmental policy in the twenty-first century, it does offer insights into trends that will influence the future shape of that policy.

The book is prefaced by an overview of the environment as a problem for policy by Lynton K. Caldwell, who has been credited with inventing the term environmental policy. Experts examine the role of risk analysis in policy making; the transnational issues associated with NAFTA and GATT are discussed; and the efforts of the Environmental Protection Agency to integrate policy and administration are described. The perspective of the authors is transnational, with several chapters focusing primarily on U.S. policy.

The European Agreement Concerning the International Carriage of Dangerous Goods by Road is intended to increase the safety of international transport of dangerous goods by road. Regularly amended and updated since its entry into force, it contains the conditions under which dangerous goods may be carried internationally. This version has been prepared on the basis of amendments applicable as from 1 January 2015. It contains in particular new or revised provisions concerning transport of adsorbed gases; lithium batteries (including damaged or defective lithium batteries, lithium batteries for disposal or recycling); asymmetric capacitors; discarded packagings; ammonium nitrate and radioactive material; testing of gas cartridges and fuel cell cartridges; marking of bundles of cylinders; and the applicability of ISO standards to the manufacture of new pressure receptacles or service equipment.

This book aims to identify the challenges presented by current urban environmental governance practices in fast growing Indian cities, to propose changes to the current governance implementation strategies, and to explore the best practices to achieve sustainable urban models through Indian and global perspectives. With a focus on the city of Bengaluru, the book draws on extensive reviews of literature and data to present current trends and statuses of environmental resource use in growing urban centres of India.The book analyzes the situations that impact urban environmental governance decisions and outcomes and proposes solutions to address these issues for long-term sustainability. Policy makers, researchers, academics and development practitioners in environmental politics and urban governance will find this work of great interest. The book starts by examining different urban environmental threats on global and domestic levels, and provides evidence for the effectiveness of sustainable efforts to curb the impact of crisis-like scenarios. Then the book discusses the role of institutional regimes in influencing urban environmental outcomes through policies, and analyzes the role of various actors in the evolution of urban environmental governance from a legal perspective at global and local scales. In the final chapters, the book explores the trends and status of environmental resource management in Bangalore Metropolitan Area (BMA), and examines the dynamics of local institutions and governance structures for regulating environmental governance for promoting effective sustainable environmental governance in Bengaluru.

The National Environmental Policy Act (NEPA), enacted in 1970, requires federal agencies to analyze the environmental effects of all proposed major Federal actions significantly affecting the quality of the human environment. Because the law is so broadly written and has wide application, it is impossible to understand how to comply with NEPA merely by reading the statute. In addition to the statute, NEPA'S implementing regulations written by the Council on Environmental Quality must be consulted as well as the relevant judicial decisions and regulations of individual federal agencies. This book draws together these various sources of NEPA law and presents the law in a clear and readable format designed to be both a practical reference and guide to compliance with the NEPA process and a comprehensive legal analysis of every aspect of NEPA law.

Among the topics addressed by the author are the criteria that make a project subject to NEPA and the procedures mandated by NEPA and its regulations. Issues that frequently arise in NEPA legislation such as standing, ripeness, mootness, and exhaustion of administrative remedies receive extended treatment as do the scope of remedies available under NEPA. The author then provides a complete review and analysis of three state statutes with similar purposes to NEPA and compares them with NEPA. She also includes detailed instructions on the preparation of environmental assessments, environmental impact statements, and supplemental environmental impact statements. The volume concludes by examining major themes in NEPA law. An indispensable handbook for attorneys who deal with environmental transactions and litigation, and for people who prepare NEPA documentation, this book will also be an invaluable reference for members of citizens' groups interested in participating meaningfully in the NEPA process.

A brief yet comprehensive and clearly written compendium of the most important federal energy, environmental, and natural resource statutes through 1982. Freedman's special talent is the ability to relate Congressional intent to the policy context within each act was written. . . . This] is a sweeping panoply of statute summaries replete with citations, and is thus highly suitable as a reference work. "Choice"

This book discusses 69 major federal environmental laws that have a direct impact on companies operating in the United States. Coverage includes every major statute from the Refuse Act of 1899 through recent laws governing nuclear waste policy and solid waste disposal. The statutes discussed included those designed to provide compensation based upon proof of liability and those that establish statutory prohibitions and penalties. For each, the author provides an incisive analysis of the statute itself and of supporting court decisions to show how these statutes have been interpreted in practice.

One of the primary functions of law is to ensure that the legal structure governing all social relations is predictable, coherent, consistent and applicable. Taken together, these characteristics of law are referred to as legal certainty. In traditional approaches to legal certainty, law is regarded as a hierarchical system of rules characterized by stability, clarity, uniformity, calculable enforcement, publicity and predictability. However, the current reality is that national legal systems no longer operate in isolation, but within a multilevel legal order, wherein norms created at both the international and regional level are directly applicable to national legal systems. Also, norm creation is no longer the exclusive prerogative of public officials of the state: private actors have an increasing influence on norm creation as well. Social scientists have referred to this phenomenon of interacting and overlapping competences as multilevel governance. Only recently have legal scholars focused attention on the increasing interconnectedness (and therefore the concomitant loss of primacy of national legal orders) between the global, European and national regulatory spheres through the concept of multilevel regulation.

In this project the author uses multilevel regulation as a term to characterize a regulatory space in which the process of rule making, rule enforcement and rule adjudication (the regulatory lifecycle) is dispersed across more than one administrative or territorial level and amongst several different actors, both public and private. The author draws on the concept of a regulatory space, using it as a framing device to differentiate between specific aspects of policy fields. The relationship between actors in such a space is non-hierarchical and they may be independent of each other. The lack of central ordering of the regulatory lifecycle within this regulatory space is the most important feature of such a space. The implications of multilevel regulation for the notion of legal certainty have attracted limited attention from scholars and the demand for legal certainty in regulatory practice is still a puzzle. The book explores the idea of legal certainty in terms of the perceptions and expectations of regulatees in the context of medical products - specifically, pharmaceuticals and medical devices, which can be differentiated as two regulatory spaces and therefore form two case studies. As an exploratory project, the book necessarily explores new territory in terms of investigating legal certainty first in terms of regulatee perceptions and expectations and second, because it studies it in the context of multilevel regulation.

In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute's research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues - such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration - that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.

This textbook provides a compelling and structured introduction to international environmental law in the Text, Cases and Materials genre. The book uses extracts from a judiciously selected range of legal instruments and case law relevant to the protection and regulation of the environment in international law, alongside commentary from the author team and questions for class discussion, to facilitate student understanding and encourage engagement in the topic. Divided into four main parts, it examines the main principles of international environmental law, the key areas of substantive environmental regulation, the implementation of environmental law and the relations between environmental law and other areas of international law. Key Features: Provides concise introductions to each topic of environmental law Discussion questions and further reading sections guide students in applying their understanding Familiarises students with the key legal materials, treaties and case law relating to international environmental law Covers a wide variety of topics, including sustainable development, protection of the marine environment, atmospheric protection and responsibility and liability for environmental damage By introducing and highlighting the most important instruments and cases of international environmental law, this textbook seeks to provide environmental law students and non-specialists with a rich and full understanding of the topic.