The dramatic rise in air traffic, together with rapid residential and commercial development around our metropolitan areas, has strained the capacity of airports to serve the public safely and efficiently. Hardaway's book explores this problem in depth. Drawing on both the hands-on expertise of professionals in the field and a thorough grounding in law and public policy, it looks at the laws governing airport development and addresses the complex regulatory and policy issues surrounding the construction, expansion, and operation of airports.

Beginning with a review of airport regulation from 1903 onward, Hardaway examines aspects of regulatory power, including federal and local authority, local proprietorship, and citizens' concerns. Chapters on airport planning, financing, and operation have been contributed by experts with practical experience in these fields. The question of civil rights in employment and marketplace competition is also considered. Other topics addressed are local, state, and federal regulation of noise; responses to the terrorist threat; the airport as a public forum for free speech and the exercise of religion; the economics of regulation; and the impact of anti-trust legislation. Offering constructive proposals for policy development as well as detailed analysis of current problems, this book will be appropriate reading for students, educators, and professionals concerned with air transportation development, management, policy, and law.

A point-counterpoint challenge of the views expressed by Vice President Al Gore in Earth in the Balance, this important study questions current assumptions about the cost and effectiveness of environmental laws and policies, revealing the crucial link between programs of population control and long-term environmental goals. Governmental policy on the environment, as well as private environmental action, has typically been curative and reactive in nature--directed towards cleaning up past disasters and limiting the types and amounts of pollutants emitted. But what is the cost-effectiveness of such policies at a time when the population of the world continues to expand at an exponential rate? And what should be the role of population control in environmental policy? Robert Hardaway explores these issues and questions, refocusing attention on the importance of population growth to environmental quality. Synthesizing contemporary population theories in the context of environmental policy, Hardaway relates population, law, and the environment to abortion, immigration, education, and economic regulation.

Hardaway argues the criminalization of victimless crimes violates the Ninth Amendment to the U.S. Constitution and creates enormous public policy problems in the society. He contends that the Ninth Amendment adjudication model and the concepts of self-determination and the harm principle are the standards to which privacy issues should be litigated. Hardaway contends that privacy issues should be litigated under the standards of the Ninth Amendment to the U.S. Constitution adjudication model, concepts of self-determination, and the harm principle. The Ninth Amendment follows the true beliefs of the founding fathers and their adherence to Natural Law, autonomy, liberty, and the right to privacy. This model needs to replace the substantive due process analysis in the realm of personal autonomy issues used by the courts. The recognition of self-determination and the harm principle will provide individuals with the constitutional protection of rights the founding fathers thought to be imperative to an ordered liberty. By seeking to explain American policy on victimless crimes of which drug use is one, Hardaway seeks to stir a vigorous constitutional debate. As he shows, prostitution and gambling raise similar issues, and he questions whether criminalization serves the interests of society. In examining drug use, prostitution, and gambling, Hardaway compares the policy rationales for each of these societal problems with a view towards creating a general theory of decriminalization. An important analysis for scholars, students, researchers, and public policy makers involved with constitutional law and contemporary criminal law concerns.

This meticulously documented work sets forth the major causes of the greatest asset bubble in world economic history-the American housing bubble, which began in 1940 and collapsed in 2007. In the aftermath of the American housing collapse in 2007, many ask why. The Great American Housing Bubble: The Road to Collapse asks a different and more fundamental question-how the bubble was created in the first place. To answer that question, it examines the causes, both political and economic, of the American housing bubble, created between 1940 and 2007. Those causes encompass everything from federal income tax subsidies for housing to local exclusionary policies, banking, accounting, real estate appraisal, and credit agency rating practices and policies. The book also takes into account the impact of greed, government regulation, speculation, and psychology-including blind faith in investment advisors-on the creation of the greatest asset bubble in the economic history of the world. The author takes a comparative historical approach, examining the current crisis in the light of notorious bubbles of the past. In the end, he concludes that the events precipitating the most recent collapse can be traced, at least in part, not to too little government regulation, but to too much. Extracts from major legislation-federal, state, and local-that promoted the creation of the housing bubble An introductory essay illuminating the broad features of Western capitalism and the financial and government institutions that have evolved to promote and regulate it, notably in the United States A detailed chronology orienting readers to the sequence and context of events A glossary of important financial and regulatory terms and terms used by those in the housing industry An appendix of governmental agencies and private institutions and think tanks involved in various aspects of the financial crisis A bibliography listing hundreds of sources, from articles and periodicals to books and treatises

If free and fair elections are the heart of our prized democratic system of government, the integrity of our electoral system must be beyond question. Yet all too often, flaws in the administration of our elections have undermined public confidence in the results. This volume is virtually unique in focusing closely on the procedural problems of our electoral system, including those posed by the computerization of voting systems. The author analyzes events in the electoral history of the United States (and, tangentially, of certain other nations) to reveal the particular dynamics of democratic electoral systems that permit purportedly free and fair elections to subvert rather than express the public will. Past electoral crises shedding light on our electoral deficiencies are chronicled in detail, allowing the author to diagnose systemic failures that can, he contends, be remedied in order to strengthen our democratic system. Chapters focus on current laws and procedures regarding voter registration, provisional ballots, absentee ballots, computerized voting systems, and the Electoral College. The author recommends specific reforms in all these areas that will safeguard our democratic heritage and ensure that the voice of the people is heard. The book presents often-complex material in lucid prose, illuminating issues vital to democracy. BLSystematic exploration of election administration BLHistorical and comparative perspective BLChronology BLGlossary BLAnnotated bibliography of print and electronic materials for further study

What is the big deal about cannabis? This book covers everything from botany to the historical uses and common misconceptions of cannabis, with a focus on the political process of prohibition and legalization of cannabis in the United States. Why is marijuana-to which few if any deaths can be attributed-generally banned in the United States, while cigarettes and liquor-which unquestionably kill millions-are currently legal? This question can best be explained through an investigation of the historical context of cannabis in our country. This book documents the long history of marijuana use, the turbulent path of the prohibition of cannabis use, the issues regarding present-day legalization, and the modern implications of both medical and recreational cannabis. It provides compelling insight from multiple academic disciplines, including sociology, political science, economics, medicine, and health, and in particular from the history of the American experience with the criminalization of liquor, gambling, prostitution, and cigarettes. Marijuana Politics: Uncovering the Troublesome History and Social Costs of Criminalization examines the current trend toward the legalization of marijuana in the context of the American experience with particular emphasis on political, social, and constitutional developments in the United States beginning in the 20th century. It compares the trend toward marijuana legalization to Prohibition and U.S. laws regarding the consumption of alcohol and analyzes legal developments in comparable areas such as the regulation of other vices and hard drugs like cocaine and heroin. This book is written to be accessible to both casual readers or academic students and provides a robust understanding of both the historical and modern aspects of the drug itself and legalization, regardless of the reader's individual beliefs on the use of cannabis. Clearly presents the facts on how cannabis prohibition started and why cannabis prohibition is ending Identifies and challenges the common misconceptions about cannabis on both sides of this hot-button issue Provides a current perspective on the state trends toward legalization that explains the who, why, and how of the issue Explains the complex relationship between state marijuana legalization and the federal government, including findings from the executive, legislative, and judicial branch

The 2016 election caused many pundits and citizens alike to decry the Electoral College. This book explains the dangerous and unconstitutional implications of the National Popular Vote Bill, which is quietly passing in state houses across the nation. Ever since the Founding Fathers created the Electoral College, Congress has tried to overturn it. The latest attempt is taking place not in Congress, but in state legislatures around the country, where a well-financed campaign by a private California group calling itself "National Popular Vote" (NPV) is proposing an "interstate compact" to circumvent the process for amending the U.S. Constitution. If adopted by states representing a majority of electoral votes, the signatory states would bind themselves to ignore the popular votes within their respective states, and instead allocate their electoral votes to the candidate whom the media proclaimed to be the "national popular vote" winner. In this new history of the Electoral College, law professor Robert M. Hardaway lays bare the constitutional loopholes that have allowed this movement to succeed in states representing approximately half the electoral votes necessary to purportedly bind those states to ignore the popular vote of the people within their respective states. The presentation of the information in this book to state legislatures considering the compact, resulted in complete reversal of preconceived perceptions about how presidential elections should be conducted. Exposes the National Popular Vote movement, which seeks to abolish the Electoral College, by making readers aware of this its agenda, financing, and goal of effectively amending the constitutional process by a means that takes place under the radar of the general public Presents as succinctly and clearly as possible the dubious constitutional grounds for the Compact, as well as the ramifications if it were to somehow be approved by the U.S. Supreme Court Illustrates exactly how this movement is succeeding in state after state precisely because the public is uninformed about the Electoral College Shows how the abolition of the Electoral College and inauguration of a national "popular vote" would actually result in an outcome that is contrary to the goals of many of its supporters

This study examines how the Electoral College actually works, how it is supposed to work, and how it might be reformed. Robert Hardaway first looks at the Constitutional Convention, the Twelfth Amendment, and historical elections where the Electoral College has come into play, providing the historical background to the present-day College. Next he examines the electors themselves--how they are chosen in the states and the laws relating to the obligations of electors in casting their votes. The election of the president and vice president by the House of Representatives is also examined. Finally, Hardaway discusses and analyzes the proposed reforms to the Electoral College, including those before the Congress at present. Professor Hardaway's book makes a strong case for the preservation of the federalist principles incorporated into the constitutional framers' plan for election of the president of the United States. The book richly documents its case with examples from past elections, while at the same time providing the reader with all information needed to make an independent judgment.

This book documents the shocking state of public education in the United States, including the high rates of school violence, the decline in student achievement, and the politicization of the educational process. By comparing the performance of public schools with private schools (which spend less than half per capita than public counterparts), the book reveals areas in which public education might reduce administrative overhead, eliminate internal segregation of students, and provide a safe and disciplined learning environment. Also suggested are ways in which public schools might learn from the experience and traditions of the past, including the essential elements of learning in the one-room schoolhouse and the integration of students of different ages. The role of the judiciary is critically reviewed, as well as Supreme Court decisions in the areas of racial discrimination, school discipline, bilingual education, special education, and school financing.