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.

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.

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 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 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.

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.

The South African Schools Act 84 of 1996 aims to make high-quality basic education accessible to all South African children irrespective of race and geographic location in the country. Written by significant role-players and members of the judiciary, Pathways to Successful Schooling reflects on the journey of South African schooling over the past 20 years. This book was prompted by the 2016 Schools Act symposium, Schools Act @ 20: Charting the Way Forward, which celebrated the 20th anniversary of the Schools Act. Looking at education since 1996, this book considers practical alternatives for addressing contentious matters. Unique to this work is the inclusion of the first ever analysis of the background to the drafting of the Schools Act. Pathways to Successful Schooling gives perspectives on dreams, expectations and realities. It reflects on what became of the vision of the Education White Paper 1 and the Schools Act. An international dimension is added by the discussion of constitutional changes and values in the context of the United Nations' Sustainable Development Goals. The book also looks at legislating for the realisation of children's rights and offers the view that, although the Act has set the pace, broader efforts will enhance children's rights in South Africa.

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.

Reading this book is like sitting down with Dr. David Satcher to hear stories of leadership and lessons learned from his lifetime commitment to health equity. Dr. David Satcher is one of the most widely known and well-regarded physicians of our time. A former four-star admiral in the US Public Health Service Commissioned Corps, he served as the assistant secretary for health, the surgeon general of the United States, and the director of the Centers for Disease Control and Prevention before founding the eponymous Satcher Health Leadership Institute at Morehouse School of Medicine. At the core of his impact on public health, he is also a lifelong leader for civil rights and health equity. Born black and poor in the deep South, Dr. Satcher was a victim of an unjust health care system: he almost died of whooping cough at the age of two because Jim Crow laws meant that his black doctor could not admit him to a hospital. That experience was the first of many that shaped him as a leader and a healer deeply attuned to social inequity-someone who was determined to make a positive difference. med In My Quest for Health Equity, Dr. Satcher takes an inspiring and instructive look inside his fifty-year career to shed light on the challenge and burden of leadership. Explaining that he has thought of each leadership role-whether in academia, community, or government-as an opportunity to move the needle toward health equity, he shares the hard-won lessons he has learned over a lifetime in the medical field. Drawing on his early memories, medical school days, experience in the civil rights movement, and professional highs and lows, Dr. Satcher touches on a number of topics, including * the essential qualities of leadership * leading from science to policy to practice * the importance of clear communication and continual learning * the need for workplace discipline * confronting failure * specific health issues, including the obesity epidemic, reproductive health, and mental health stigma * team approaches to leadership * and much more In this book, readers will discover a template for using leadership roles of all types to eliminate health disparities. My Quest for Health Equity is a vital resource for current and rising leaders.

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.

Under articles 149 (education) and 150 (vocational training) of the European Union Treaty, the EU has competence to complement the education systems of Member States. This book not only explores the nature and likely extent of that competence, but investigates other ways in which education law and policy may grow at the European level. Beginning with a detailed analysis of EU law and policy in this area and how it has developed, the author identifies the maximum extent Community education and vocational training competencies may reach under Articles 149 and 150. Although the Community may indeed implement education and vocational training policies with a very wide content, the kind of action it may carry out in these fields is limited by the nature of the competence it has received. However, "Towards an EU Right to Education" goes on to investigate whether Community education and vocational training competencies may have a distinct parallel evolution outside the framework of the two Articles in question. Focusing on the issues of individual educational and training rights under Community law, the author shows that the development of education and vocational training competencies may still occur in the context of European citizenship, free movement and equal treatment. This approach to the issue of education is clearly affirmed by the recent consolidation of a right to education in the Charter of Fundamental Rights of the European Union - a step which strongly implies the transnational application of a national right to education.

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 volume discusses a number of questions arising in connection with the relationship between European law and national environmental law, such as the legal basis of European environmental law, its transposition and implementation in the national legal orders, the relationship between environmental law and the internal market. The final chapter surveys the most important EC legislation on the environment.

This book is a comprehensive, practice-oriented guide to the evidentiary regime under the 2015 World Anti-Doping Code (WADC) including the functioning of the Athlete Biological Passport. It is the first to show how the interplay between science and law affects the collection and evaluation of evidence in anti-doping, and how paradigm shifts in anti-doping strategies may modify evidentiary assumptions implicit to the WADC regime. Unique in its dealing with the subtleties of anti-doping science and legal implications, the book gives lawyers involved in anti-doping the keys to a better understanding of the science underlying the WADC regime, while providing anti-doping scientists with the first reference material to understand the legal framework in which their activities are embedded. The emphasis of the book is on international doping cases and it relies predominantly on CAS awards published up to Spring 2015. Written by an experienced Swiss lawyer it provides an insight into the Swiss legal system and its importance for the legal practice in doping matters. Marjolaine Viret is an attorney-at-law in Geneva, Switzerland, specialising in sports and health law. She has gained significant experience in sports arbitration as a senior associate in one of Switzerland's leading law firms. She also holds positions within committees in sport, in particular as a member of the UCI Anti-Doping Commission. Ms Viret had her doctorate on anti-doping approved summa cum laude in 2015. She participates as a researcher in a project for a commentary of the 2015 WADC funded by the National Science Foundation and is regularly invited to lecture or speak in various fields of sports law. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. Dave McArdle, Prof. Dr. Ben Van Rompuy and Marco A. van der harst LL.M.

David Saari provides an extended essay on the nature of freedom in contemporary America, its historical roots, and its present-day manifestations. Drawing on the fields of history, law, politics, business, and philosophy, this wide-ranging study examines three facets of freedom--national freedom, freedom from the state, and freedom within the state--as they have developed in American law, politics, and society. Each of these facets is carefully defined and then applied to such contemporary issues as authority, property, equality, justice, and privacy.

As the evidence for human-induced climate change becomes more obvious, so too does the realisation that it will harshly impact on the natural environment as well as on socio-economic systems. Addressing the unpredictability of multiple sources of global change makes the capacity of governance systems to deal with uncertainty and surprise essential. However, how all these complex processes act in concert and under which conditions they lead to the sustainable governance of environmental resources are questions that have remained relatively unanswered. This book aims at addressing this fundamental gap, using as case examples the basins of the Po River in Northern Italy and the Syr Darya River in Kyrgyzstan. The opening chapter addresses the challenges of governing water in times of climate and other changes. Chapter Two reviews water governance through history and science. The third chapter outlines a conceptual framework for studying institutional adaptive capacity. The next two chapters offer detailed case studies of the Po and Syr Darya rivers, followed by a chapter-length analysis and comparison of adaptive water resources management in the two regions. The discussion includes a description of resistant, reactive and proactive institutions and puts forward ideas on how water governance regimes can transition from resistant to proactive. The final chapter takes a high-level view of lessons learned and how to transform these into policy recommendations and offers a perspective on embracing uncertainty and meeting future challenges.

That America's natural environment has been degraded and despoiled over the past 25 years is beyond dispute. Nor has there been any shortage of reasons why-short-sighted politicians, a society built on over-consumption, and the dramatic weakening of environmental regulations.
In Retaking Rationality, Richard Revesz and Michael Livermore argue convincingly that one of the least understood-and most important-causes of our failure to protect the environment has been a misguided rejection of reason. The authors show that environmentalists, labor unions, and other progressive groups have declined to participate in the key governmental proceedings concerning the cost-benefit analysis of federal regulations. As a result of this vacuum, industry groups have captured cost-benefit analysis and used it to further their anti-regulatory ends. Beginning in 1981, the federal Office of Management and Budget and the federal courts have used cost-benefit analysis extensively to determine which environmental, health, and safety regulations are approved and which are sent back to the drawing board. The resulting imbalance in political participation has profoundly affected the nation's regulatory and legal landscape. But Revesz and Livermore contend that economic analysis of regulations is necessary and that it needn't conflict with-and can in fact support-a more compassionate approach to environmental policy. Indeed, they show that we cannot give up on rationality if we truly want to protect our natural environment.
Retaking Rationality makes clear that by embracing and reforming cost-benefit analysis, and by joining reason and compassion, progressive groups can help enact strong environmentaland public health regulation.

The issue of tortious liability for harm caused by climate change has risen to some prominence in recent legal literature. However, except for a few U.S. cases, litigation in this area remains dormant in most jurisdictions. Now, in anticipation of the likelihood - and desirability - of such litigation, this ground-breaking study examines the extent to which a claim brought by a private, public, or quasi-public claimant against a private defendant (such as a producer of fossil fuels or major emitter of greenhouse gases) alleging climate change-related damage, and based on one or more causes of action under the English law of torts, can be pursued in the English Courts. Focusing on the circumstances and the prerequisites that must be met in order to construct a potentially successful case, the author addresses the following questions: * On the basis of a high-level review of the relevant scientific literature, what impacts is climate change expected to have on the human and natural environment? * What goals would be served by climate change litigation? * Under what circumstances would the English Courts accept jurisdiction in relation to a climate change claim? * To what extent can existing tort law precedents - e.g., negligence, product liability, public nuisance - be used in climate change-related claims? * To what extent does the existence of a regulatory framework limit or extinguish the liability of the defendants if they can show full compliance with the provisions of the relevant regulations? * How would the current law of causation need to develop in order to overcome the difficulties inherent in ascribing certain forms of damage to climate change? The analysis considers each available cause of action in turn, setting out the elements that would have to be established, as well as highlighting the obstacles that would need to be overcome if the validity of the claim was to be upheld. The defences that would be available to the defendants are also examined, and their effectiveness at invalidating a claim is tested. In addition, the study assesses the remedies that could be claimed in law and equity for climate change-related damage. The analysis also incorporates examination of case law from tobacco, asbestosis, handguns, and other relevant types of litigation - including climate-based litigation cases in the U.S. - where comparable issues of multiple tortfeasors, proportional liability, materiality thresholds, increase in risk, and other complexities of causation have already been considered at some length. By concentrating on tortious liability, the author clearly shows that litigation can become a significant means of compensating climate change victims, encouraging regulatory change, and facilitating a socioeconomic transition away from the fossil fuel economy. Although the book will be of particular interest to lawyers in multinational corporations and certain non-governmental organizations, the book's relevance to a much broader spectrum of jurists, academics, and policymakers is undeniable.

Organ transplantation is a much-discussed subject, and the importance of living organ donation is increasing significantly. Yet despite all efforts, too few donor organs are available to help all patients in need. This book analyses whether the national legal regulations are also partly responsible for the organ shortage in the Member States of the European Union. In addition to a detailed analysis of the various national regulations, the main arguments in favour of and against legal restrictions on living organ donation are considered. Furthermore, the European Union's authority is investigated, namely, whether it is entitled to establish statutory provisions for the Member States with respect to a harmonized regulation of living organ donation. Based on the results of the analysis, the author establishes a Best Practice Proposal for living organ donation.

This study is an empirical analysis of how the fluctuating legal environment in the courts surrounding obscenity litigation over a thirty year period is an appropriate vehicle with which to demonstrate the dynamics of widespread group involvement in the judicial process. Joseph F. Kobylka traces how the development of the obscenity law from the 1957 Roth v. United States decision, which established the proscription of obscenity through its libertarian interpretation by the Warren court and its reaffirmation by the 1973 Miller v. California decision, necessitated changes in both the behaviors and strategies of libertarian and conservative groups in the active pursuit of their particular goals.

After a review of the shifts in the Supreme Court's doctrines concerning obscenity, Kobylka identifies the various political interest groups, and examines their motives, goals, and the factors, both internal and external, that determined their responses to Miller. He concludes with a summary of findings confirming that the study's empirical approach yields a comprehensive understanding of the fluidity of group politics. Specific group involvement is documented in the appendices, and bibliographies furnish lists of books, articles, and a table of cases. "The Politics of Obscenity" will be a useful, authoritative volume for advanced courses in the judicial process and group politics, and will also be invaluable to academic libraries, political scientists, and other scholars.

This volume deals with institutions, implementation and innovations in the field of international marine environmental law. It discusses some controversial legal aspects of the marine environment in the context of UNCLOS, as a framework for national, regional and global action in the marine sector. The purpose of this work is to faithfully report scientific expertise, legal insight and policy wisdom presented by the speakers and participants at the Conference. The book identifies major aspects of the current situation and possible future developments in a critical way. Among the key issues covered are implementation and enforcement of environmental conventions; the avoidance, prevention and settlement of disputes; and, liability and compensation for environmental damage. Also included are several articles that discuss the role of the main institutions in this field within the UN system. There is a companion website--andreekirchner.de/imel--specially created to work alongside the texts. A selected bibliography, documents, conventions and links connected to the contents of the book are included to provide an updated and comprehensive resource for the reader.

This study examines and explains the relationship between social health insurance (SHI) participation and out-of-pocket expenditures (OOP) as well as the mediating role the institutional arrangement of SHI plays in this relationship in China. Embracing a new institutionalist approach, it develops two analytical perspectives: determination, which identifies the mechanisms of social health insurance, and strategic interaction, which explores the interaction among social health insurance agencies, healthcare providers, patients, and institutions. It reveals the poor performance of social health insurance in decreasing out-of-pocket health expenditures caused by a trade-off between the reimbursement, behavior management, and purchasing mechanisms of social health insurance programs. Further, it finds that the inequitable allocation of healthcare resources and patients' concerns regarding the benefits offset the strategies used by social health insurance agencies to manage care-seeking behavior. It also discovers that the complex interactions between insurance agencies, doctors, patients and a larger disenabling institutional surrounding restricts the purchasing efficiency of social health insurance. This book is characterized by its unique synthesis of the role of the institutional arrangement of social health insurance in China, the interaction between the stakeholders in health sectors, and of the relationship between healthcare institutions, actors, and policy outcomes. Providing a comprehensive overview, it enables scholars and graduate students to understand the ongoing process of social health insurance reform as well as the dynamics of health cost inflation in China. It also benefits policymakers by recommending a single-payer model based on an evidence-based investigation.