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Frank Cross provides a comprehensive treatment of the widely
feared problem of environmentally induced cancer. The author takes
a threefold approach to the problem, first examining the cancers
themselves and what is known about their causes and then exploring
both the government's regulation of these environmental pollutants
and the legal remedies available to victims of such cancers.
Throughout, new proposals for regulating carcinogens and
compensating the victims of environmental cancer are discussed.
In Part I, Cross addresses the significant and unique problems
presented by the disease of cancer, demonstrating that the limits
of scientific knowledge, the absence of a demonstrable safe
threshold of exposure and other special features of the disease
create a unique cancer problem for government. The second section
examines the various risk-management approaches from which a
regulatory agency may choose. As Cross demonstrates, government
must identify carcinogens, assess the risks they present, and
choose control methods--a complex task made even more difficult by
the conflicting claims of industry and environmental groups. He
concludes this section by proposing future approaches for more
effective regulation, including prioritization of the greatest
hazards and adoption of a moderate, feasibility-based control
program. The final chapters explore legal obstacles to victim
compensation and argue for fundamental changes in existing common
law doctrines to enhance the ability of victim/plaintiffs to
recover adequate damages.
In this thorough and enlightening book, the authors examine the
role of law in developing the large financial markets necessary for
national economic success. They discuss the basic foundational law
of contracts, property and tort, corporate law, and securities law,
providing both a broad theoretical and empirical case for its value
in financial markets. The book begins with an historical analysis
of the law's development, reviewing the legal governance of
corporate finance with an emphasis on the development of US
securities law in the twentieth century. Also provided is an
extensive empirical analysis of the law's effect. A unique benefit
of the book is its integration of all the relevant aspects, rather
than examining them in isolation. Chapters cover the role of law in
corporate finance, behavioral and empirical analyses, as well as
current controversies in law and corporate finance. Ultimately, the
book is a defense of the economic value of the law in the United
States and throughout the world. Students and scholars of business
and law will find much of interest in the authors' comprehensive
study of the rule of law in today's financial markets.
Today, statutes make up the bulk of the relevant law heard in
federal courts and arguably represent the most important source of
American law. The proper means of judicial interpretation of those
statutes have been the subject of great attention and dispute over
the years. This book provides new insights into the theory and
practice of statutory interpretation by courts.
Cross offers the first comprehensive analysis of statutory
interpretation and includes extensive empirical evidence of Supreme
Court practice. He offers a thorough review of the active disputes
over the appropriate approaches to statutory interpretations,
namely whether courts should rely exclusively on the text or also
examine the legislative history. The book then considers the use of
these approaches by the justices of the recent Rehnquist Court and
the degree to which they were applied by the justices, either
sincerely or in pursuit of an ideological agenda.
Today, statutes make up the bulk of the relevant law heard in
federal courts and arguably represent the most important source of
American law. The proper means of judicial interpretation of those
statutes have been the subject of great attention and dispute over
the years. This book provides new insights into the theory and
practice of statutory interpretation by courts.
Cross offers the first comprehensive analysis of statutory
interpretation and includes extensive empirical evidence of Supreme
Court practice. It contains a thorough review of the active
disputes over the appropriate approaches to statutory
interpretations, namely whether courts should rely exclusively on
the text or also examine the legislative history. The book then
considers the use of these approaches by the justices of the recent
Rehnquist Court and the degree to which they were applied by the
justices, either sincerely or in pursuit of an ideological agenda.
This groundbreaking book analyzes the decisions made by the United
States circuit courts over the past half century. These courts have
a profound impact on the law - they issue many more decisions in
many more areas of law than the Supreme Court. Cross demonstrates
that while the courts' judges are influenced by ideology and by the
appointing president, legal requirements exercise a much stronger
influence on their decisions. He also shows that these courts are
independent of the other branches of government and free from undue
influence of various parties. The book further introduces new
research on the precedent-setting power of decisions.
Many of us take for granted the idea that the right to religious
freedom should be protected in a free, democratic polity. However,
this book challenges whether the protection and privilege of
religious belief and identity should be prioritized over any other
right. By studying the effects of constitutional promises of
religious freedom and establishment clauses, Frank B. Cross sets
the stage for a set of empirical questions that examines the
consequences of such protections. Although the case for broader
protection is often made as a theoretical matter, constitutions
generally protect freedom of religion. Allowing people full choice
in holding religious beliefs or freedom of conscience is central to
their autonomy. Freedom of religion is thus potentially a very
valuable aspect of society, at least so long as it respects the
freedom of individuals to be irreligious. This book tests these
associations and finds that constitutions provide national
religious protection, especially when the legal system is more
sophisticated.
This groundbreaking book analyzes the decisions made by the United
States circuit courts over the past half century. These courts have
a profound impact on the law - they issue many more decisions in
many more areas of law than the Supreme Court. Cross demonstrates
that while the courts' judges are influenced by ideology and by the
appointing president, legal requirements exercise a much stronger
influence on their decisions. He also shows that these courts are
independent of the other branches of government and free from undue
influence of various parties. The book further introduces new
research on the precedent-setting power of decisions.
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