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In recent years, the Supreme Court appears to have taken a greater
interest in "business" issues. Does this reflect a change in the
Court's orientation, or is it the natural outcome of the appellate
process? Is the Court "pro-business"? If so, in what ways do the
Court's decisions support business interests and what does that
mean for the law and the American public? Business and the Roberts
Court provides the first critical analysis of the Court's
business-related jurisprudence. In this volume, prominent academics
examine the Roberts Court's handling of business-related cases,
through a series of empirical and doctrinal analyses. Issues
covered include securities law, antitrust, labor law, preemption,
and environmental law, among others. Business law and regulatory
cases touch on many important legal doctrines and can have
far-reaching effects. Understanding the bases upon which the
Supreme Court decides business-related cases is of tremendous
importance to practitioners and academics. It can also further
greater understanding of one of the nation's most important
government institutions. These issues are of interest to academics,
but also of practical importance to Supreme Court and business
practitioners.
Climate Liberalism examines the potential and limitations of
classical-liberal approaches to pollution control and climate
change. Some successful environmental strategies, such as the use
of catch-shares for fisheries, instream water rights, and tradable
emission permits, draw heavily upon the classical liberal
intellectual tradition and its emphasis on property rights and
competitive markets. This intellectual tradition has been less
helpful, to date, in the development or design of climate change
policies. Climate Liberalism aims to help fill the gap in the
academic literature examining the extent to which classical-liberal
principles, including an emphasis on property rights, decentralized
authority and dynamic markets, can inform the debate over
climate-change policies. The contributors in this book approach the
topic from a range of perspectives and represent multiple academic
disciplines. Chapters consider the role of property rights and
common-law legal systems in controlling pollution, the extent to
which competitive markets backed by legal rules encourage risk
minimization and adaptation, and how to identify the sorts of
policy interventions that may help address climate change in ways
that are consistent with liberal values.
On marijuana, there is no mutual federal-state policy; will this
cause federalism to go up in smoke? More than one-half the 50
states have legalized the use of marijuana at least for medical
purposes, and about a dozen of those states have gone further,
legalizing it for recreational use. Either step would have been
almost inconceivable just a couple decades ago. But marijuana
remains an illegal "controlled substance" under a 1970 federal law,
so those who sell or grow it could still face federal prosecution.
How can state and federal laws be in such conflict? And could
federal law put the new state laws in jeopardy at some point? This
book, an edited volume with contributions by highly regarded legal
scholars and policy analysts, is the first detailed examination of
these and other questions surrounding a highly unusual conflict
between state and federal policies and laws. Marijuana Federalism
surveys the constitutional issues that come into play with this
conflict, as well as the policy questions related to law
enforcement at the federal versus state levels. It also describes
specific areas such as banking regulations in which federal law has
particularly far-reaching effects. Readers will gain a greater
understanding of federalism in general, including how the division
of authority between the federal and state governments operates in
the context of policy and legal disputes between the two levels.
This book also will help inform debates as other states consider
whether to jump on the bandwagon of marijuana legalization.
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