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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.
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.
Climate Change Law is the first book to offer a concise, readable
treatment of this entire rapidly evolving body of law. Climate law
runs the gamut from state and local regulations to federal policies
and international agreements and includes both public and private
sector involvement. This issue is just too important to leave to
specialists alone. The focus is on core concepts of climate change
law rather than all of the complex details. The book begins by
discussing the scientific and policy issues that frame the legal
scheme, including the state of climate science, the meaning of the
social cost of carbon, and the variety of tools that are available
to reduce carbon emissions. It then covers in turn the
international, national, and state efforts in this sphere. Finally,
the book turns to the challenge of adapting to climate change,
before exploring the concept of geoengineering and the potential
challenges associated with using geoengineering as a tool for
addressing climate change. The new edition covers major
developments such as the Supreme Court's decision in West Virginia
v. EPA, Trump Administration rollbacks and their subsequent fates,
climate litigation brought by state and local governments, and the
implementation of the Paris Agreement. The book is designed to be
accessible to a broad range of readers, not just those who have
backgrounds in climate science, environmental economics, or 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.
This supplement brings the principal text current with recent
developments in the law.
This supplement brings the principal text current with recent
developments in the law.
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.
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.
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"
This text takes on the critical controversies in environmental law
in the late 1990s: how to assess the values of future environmental
benefits; how to use economic measurements of environmental values;
and how to streamline the regulatory process to respond to changing
scientific data. Daniel Farber steers a middle course between the
"bean counters," who advocate strict cost-benefit analysis, and the
"tree huggers," who favour environmental protection at any cost.
The book explores fundamental issues in environmental economics,
the philosophical disputes over the legitimacy of cost-benefit
analysis, and the legal issues involved in applying and
interpreting complex environmental statues. Synthesizing the best
of our existing regulatory regime, Farber's analysis cuts a path
through the thickets surrounding environmental policy.
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