The field of disaster law has witnessed a huge surge in interest over the past few years. Building widespread recognition of the shortcomings of legal systems faced with disasters, academics have increasingly turned their attention to exploring how these failings can be addressed. This volume is a carefully selected collection of essays which focus on the legal and economic aspects of disaster law and pays particular attention to the legalities of catastrophes. The editors have brought together seminal papers analysing how disasters, both natural and man-made, could be prevented and investigating the ways in which compensation for such events could be provided.This set of indispensable papers examines such issues through a variety of analytical lenses and provides a solid foundation for future developments in this dynamic and highly topical subject.

Public choice theory sheds light on many aspects of legislation, regulation, and constitutional law and is critical to a sophisticated understanding of public policy. The editors of this landmark addition to the law and economics literature have organized the Handbook into four main areas of inquiry: foundations, constitutional law and democracy, administrative design and action, and specific statutory schemes. The original contributions, authored by top scholars in the field, provide helpful introductions to important topics in public choice and public law while also exploring the institutional complexity of American democracy. Beginning with a critical introduction to the core tenets of public choice theory and concluding with comprehensive analyses of drug safety, energy regulation, and environmental law, the Handbook provides differing points of view on the foundations of these and a range of related subjects, including: direct democracy and its financial implications, the functioning of electoral processes, judicial behavior, and the structural differences between presidential and parliamentary systems. The Handbook's knowledgeable contributors offer a rich, realistic view of how public policy is made that is accessible to a broad range of readers. Summarizing much of the key literature in a range of major topics and framing that literature for open debates and further research, the Handbook is ideal for students and scholars of law, political science, and economics. Contributors: D. Carpenter, S. Croley, D.A. Farber, E. Garrett, J.E. Gersen, T. Ginsburg, R.M. Hills, Jr, S. Issacharoff, T. Jacobi, J. Mashaw, L. Miller, A.J. O'Connell, B.D. Richman, J. Rossi, C.H. Schroeder, M.L. Stearns, M.C. Stephenson, J.B. Wiener

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.Climate Change Law, the first volume of the Elgar Encyclopedia of Environmental Law, provides a guide to the rapidly evolving body of legal scholarship relating to climate change. The amount of international, European and national legislation, judicial decisions, and legal scholarship in the field of climate law has now become almost overwhelming. This book focuses on the underlying concepts that are of concern to researchers, students and policymakers rather than on the details of national legislation. The core topics include the difficulty of setting up a coherent international treaty approach, the importance of national and subnational legal action, the potential role of international and national courts, and the importance of human rights and environmental justice. Providing a comprehensive discussion, more than 50 entries developed by experts from across the world cover mitigation and adaptation issues in their wider context, from both international and national perspectives. Each chapter concludes by identifying important research challenges. Finally, the concluding chapter argues that a discernible global legal regime is emerging. The 2015 Paris Agreement marks both the increasingly interlinked but polycentric nature of this new regime. This is the definitive resource for all those seeking the state of the art of climate change law, from students and legal scholars to practising lawyers, civil servants and NGOs. Contributors include: D. Badrinarayana, D. Benson, W.W. Buzbee, M.R. Caldwell, A.E. Camacho, H.S. Cho, R.K. Craig, B. Curtis, J. Dafoe, P. DeArmey, J. de Cendra de Larragan, J.C. Dernbach, N. de Sadeleer, M. Doelle, W.T. Douma, D.M. Driesen, B. Egelund Olsen, K.H. Engel, D.A. Farber, Heline Sivini Ferreira, S. Ferrey, S.R. Foster, D. French, P. Galizzi, M.B. Gerrard, N.S. Ghaleigh, M. Hall, S.B. Hecht, D. Hodas, T. Honkonen, S.-L. Hsu, A. Jordan, A. Kaswan, A. Keessen, S.-H. Kim, S. Krakoff, K. Kulovesi, M.A. Livermore, K. Lu, J. Lueders, R. Lyster, M.L. Melius, Z. Meng, H.M. Osofsky, J. Peel, M. Peeters, B. Pontin, L. Rajamani, A.W. Reitze Jr, J. Reynolds, B.J. Richardson, F. Romanin Jacur, T.Schomerus, J. Scott, D.A. Serraglio, F. Sindico, M.P. Solis, B.K. Sovacool, P.-T.Stoll, L.G. Sun, T. Tang, A.D. Tarlock, Q. Tianbao, X.F. Torrijo, H. van Asselt, M. van Rijswick, M.P. Vandenbergh, R.R.M. Verchick, C. Voigt, X. Wang, M. Wilensky, K.M. Wyman, Y. Zhang

Public choice theory has become an increasingly significant aspect of public law scholarship. A more comprehensive knowledge of public institutions and their activities can illuminate our understanding of how legal rules shape the behavior of these institutions. This volume gathers together key papers highlighting the fundamental issues in the evolution of this subject. Besides providing an appreciation of the institutional complexity and potential weak points of democracies, public choice theory promises to show how political structures and processes shape outcomes for better or for worse. It thereby aids understanding and improvements to institutional design. Much of that design is expressed in the form of law, so the subject is of particular importance to legal scholars. This authoritative selection of articles provides a firm foundation to this important area of study.

Public choice theory sheds light on many aspects of legislation, regulation, and constitutional law and is critical to a sophisticated understanding of public policy. The editors of this landmark addition to the law and economics literature have organized the Handbook into four main areas of inquiry: foundations, constitutional law and democracy, administrative design and action, and specific statutory schemes. The original contributions, authored by top scholars in the field, provide helpful introductions to important topics in public choice and public law while also exploring the institutional complexity of American democracy. Beginning with a critical introduction to the core tenets of public choice theory and concluding with comprehensive analyses of drug safety, energy regulation, and environmental law, the Handbook provides differing points of view on the foundations of these and a range of related subjects, including: direct democracy and its financial implications, the functioning of electoral processes, judicial behavior, and the structural differences between presidential and parliamentary systems. The Handbook's knowledgeable contributors offer a rich, realistic view of how public policy is made that is accessible to a broad range of readers. Summarizing much of the key literature in a range of major topics and framing that literature for open debates and further research, the Handbook is ideal for students and scholars of law, political science, and economics. Contributors: D. Carpenter, S. Croley, D.A. Farber, E. Garrett, J.E. Gersen, T. Ginsburg, R.M. Hills, Jr, S. Issacharoff, T. Jacobi, J. Mashaw, L. Miller, A.J. O'Connell, B.D. Richman, J. Rossi, C.H. Schroeder, M.L. Stearns, M.C. Stephenson, J.B. Wiener

In "Lincoln's Constitution" Daniel Farber leads the reader to understand exactly how Abraham Lincoln faced the inevitable constitutional issues brought on by the Civil War. Examining what arguments Lincoln made in defense of his actions and how his words and deeds fit into the context of the times, Farber illuminates Lincoln's actions by placing them squarely within their historical moment. The answers here are crucial not only for a better understanding of the Civil War but also for shedding light on issues-state sovereignty, presidential power, and limitations on civil liberties in the name of national security-that continue to test the limits of constitutional law even today.

The Tenth Edition provides up-to-date treatment of climate change issues across different statutes. This classic casebook provides students with a thorough understanding of all major environmental regulatory schemes as well as insight into current policy controversies. The book pays particular attention to the dynamics involved in the creation and implementation of environmental law, focusing on interest group challenges, the proper role of agencies in implementing complex statutes and the involvement of courts in determining how deferential to be to agency implementation. The book covers the latest appellate and Supreme Court cases involving interstate air pollution, climate change, wetlands and takings, as well as major recent regulatory changes. This edition provides revised treatment of the toxics materials to reflect recent legislative changes, and other chapters reflect important decisions such as UARG. Full attention is given to Obama Administrative initiatives and current efforts by the Trump Administration to roll them back.

This supplement brings the principal text current with recent developments in the law.

Farber's Environmental Law in a Nutshell provides an up-to-date foundation for understanding environmental law. Expert text includes coverage of the full range of environmental issues, from climate change and air pollution, to waste disposal and wetlands. Surveys the many statutory and common-law regulations shaping the world in which we live.

The Tenth Edition provides up-to-date treatment of climate change issues across different statutes. This classic casebook provides students with a thorough understanding of all major environmental regulatory schemes as well as insight into current policy controversies. The book pays particular attention to the dynamics involved in the creation and implementation of environmental law, focusing on interest group challenges, the proper role of agencies in implementing complex statutes and the involvement of courts in determining how deferential to be to agency implementation. The book covers the latest appellate and Supreme Court cases involving interstate air pollution, climate change, wetlands and takings, as well as major recent regulatory changes. This edition provides revised treatment of the toxics materials to reflect recent legislative changes, and other chapters reflect important decisions such as UARG. Full attention is given to Obama Administrative initiatives and current efforts by the Trump Administration to roll them back.

The new edition of Farber, Eskridge, Frickey, and Schacter's Cases and Materials on Constitutional Law exploits two of the most exciting developments in Constitutional Law teaching in the last thirty years: the judiciary's dramatic engagement with social movements and key political debates, and academic and judicial deployment of original meaning as a central methodology. Thus, the new edition presents a most systematic introduction of original meaning methodology for law students, starting with the evolution of "originalism" in response to the academic debates over Brown v. Board of Education, and continuing with in-depth examination of what original meaning teaches us about the Fourteenth Amendment, as well as the First and Second Amendments, the Commerce Clause and other authorizations for congressional regulation, and the separation of powers. The new edition provides in-depth treatment of the most exciting issues in constitutional law today-including the validity of affirmative action, the continuing battle over abortion restrictions, the recognition of same sex marriage and the continuing clash between claims based on gay rights and those based on religious freedom, the expanded use of the First Amendment to limit economic regulation, more aggressive deployment of justiciability limitations based upon Article III, and issues of presidential power posed by the current Administration as well as its recent predecessors. CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.

The newly published third edition brings the material up-to-date with both the latest historical scholarship and the most recent Supreme Court decisions using historical analysis. Among both judges and academics, one of the hottest issues in constitutional law is the role of "original intent." Almost everyone agrees that it is important, and some scholars and judges believe it should be the most important factor in constitutional law. To think about these issues intelligently, law students need to have ready access to the historical materials so they can see how the Framers of the Constitution thought about critical issues. Yet the original source materials fill many volumes. Writings by historians also fill many bookshelves. Just as the traditional casebook selects and condenses materials from the court reports to make them useful for law students, this book does the same thing for the historical evidence of original intent. There is no other source that covers this range of materials, combined with concise overviews of the best understanding of the historical context. Only this book gives students a cogent introduction to the history behind the Constitution and its major amendments, so they can form their own judgments about the "original understanding" and its relevance to modern constitutional law.

The Civil War brought pressure on the Constitution that had never been seen before and hasn't been seen since, testing it in much the same way as an engineer tests his materials to destruction to assess their structure. Did the South have the right to secede? Did Abraham Lincoln trample on the Bill of Rights? Can the president go to war without congressional approval? What is the nature of the Union, and what are the limits of states' rights? Forced to confront these issues during the Civil War, Lincoln ran squarely into the conflicts and the issues at the heart of our constitution, issues that remain with us today. Daniel Farber's purpose in "Lincoln's Constitution" is to lead the reader to understand exactly what Lincoln did, what arguments he made in defence of his actions, and how his words and deeds fit into the context of the times. Farber sets the constitutional problems that arose during Lincoln's term within their historical moment, as illuminated by recent work by historians, and investigates how well Lincoln's views hold up today - over a century later. The answers are crucial not only for a better understanding of the Civil War but also for shedding light on issues that the courts struggle with now: state sovereignty, presidential power, and national security limitations on civil liberties. The first book in over 75 years to evaluate Lincoln's legal legacy comprehensively, "Lincoln's Constitution" is a blend of history and constitutional thought. Written for the intelligent reader, its insights speak urgently to us as our nation again finds itself in a time of danger and the limits of constitutional law are once more being tested.

Irreverent, provocative, and engaging, "Desperately Seeking Certainty" attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Dan Farber and Suzanna Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. Their book brilliantly reveals how problematic foundationalism is and shows how the pragmatic, multifaceted common law methods already used by the Court provide a far better means of reaching sound decisions and controlling judicial discretion than do any of the grand theories.

This supplement brings the principal text current with recent developments in the law.

The new edition of Farber, Eskridge, Frickey, and Schacter's Cases and Materials on Constitutional Law exploits two of the most exciting developments in Constitutional Law teaching in the last thirty years: the judiciary's dramatic engagement with social movements and key political debates, and academic and judicial deployment of original meaning as a central methodology. Thus, the new edition presents a most systematic introduction of original meaning methodology for law students, starting with the evolution of "originalism" in response to the academic debates over Brown v. Board of Education, and continuing with in-depth examination of what original meaning teaches us about the Fourteenth Amendment, as well as the First and Second Amendments, the Commerce Clause and other authorizations for congressional regulation, and the separation of powers. The new edition provides in-depth treatment of the most exciting issues in constitutional law today-including the validity of affirmative action, the continuing battle over abortion restrictions, the recognition of same sex marriage and the continuing clash between claims based on gay rights and those based on religious freedom, the expanded use of the First Amendment to limit economic regulation, more aggressive deployment of justiciability limitations based upon Article III, and issues of presidential power posed by the current Administration as well as its recent predecessors.

Written by a leading national scholar, Farber's coverage of the First Amendment is clear and incisive. All of the major areas of this complex doctrine are reviewed, including the religion clauses. The text also probes theories of free speech and debates over controversial issues such as campaign finance, hate speech, and religious exemptions. The new edition covers recent Supreme Court decisions dealing with the use of free exercise claims as a defense in discrimination cases, the elimination of mandatory fees to support public employee unions as a violation of free speech, and the right of convicted sex offenders to access online social media.

This book is the first systematic appraisal of the impact of multiculturalism on legal scholarship. Far from making society more humane and less oppressive, radical multiculturalism is destructive of dialogue and community. Worse, the authors contend, radical multiculturalism has deep structural links to anti-Semitism and other forms of racism.

"Eco-pragmatism" takes on the most critical controversies in environmental law today: how to weigh economic costs against environmental quality and human life, how to assess the long time horizons of environmental problems, and how to make appropriate decisions in the face of scientific uncertainty about the scope of environmental problems.
"A comprehensive well-argued effort to address many of the most difficult issues facing legislators concerned with environmental issues."--Stephen P. Adamian, "Boston Book Review"
"A timely and well-argued contribution."--Calestous Juma, "Nature"