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Enforcement at the EPA: High Stakes and Hard Choices
Par Joel A. Mintz. 2012
The only published work that treats the historical evolution of EPA enforcement, this book provides a candid inside glimpse of…
a crucial aspect of the work of an important federal agency. Based on 190 personal interviews with present and former enforcement officials at EPA, the U. S. Department of Justice, and key congressional staff members-along with extensive research among EPA documents and secondary sources-the book vividly recounts the often tumultuous history of EPA's enforcement program. It also analyzes some important questions regarding EPA's institutional relationships and the Agency's working environment. This revised and updated edition adds substantial new chapters examining EPA enforcement during the Clinton and George W. Bush administrations. Its treatment of issues of civil service decline and the applicability of captive agency theory is also new and original.The Soul of the First Amendment: Why Freedom of Speech Matters
Par Floyd Abrams. 2017
A lively and controversial overview by the nation’s most celebrated First Amendment lawyer of the unique protections for freedom of…
speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution—the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.A Ministry of Presence: Chaplaincy, Spiritual Care, and the Law
Par Winnifred Fallers Sullivan. 2014
Most people in the United States today no longer live their lives under the guidance of local institutionalized religious leadership,…
such as rabbis, ministers, and priests; rather, liberals and conservatives alike have taken charge of their own religious or spiritual practices. This shift, along with other social and cultural changes, has opened up a perhaps surprising space for chaplains—spiritual professionals who usually work with the endorsement of a religious community but do that work away from its immediate hierarchy, ministering in a secular institution, such as a prison, the military, or an airport, to an ever-changing group of clients of widely varying faiths and beliefs. In A Ministry of Presence, Winnifred Fallers Sullivan explores how chaplaincy works in the United States—and in particular how it sits uneasily at the intersection of law and religion, spiritual care, and government regulation. Responsible for ministering to the wandering souls of the globalized economy, the chaplain works with a clientele often unmarked by a specific religious identity, and does so on behalf of a secular institution, like a hospital. Sullivan's examination of the sometimes heroic but often deeply ambiguous work yields fascinating insights into contemporary spiritual life, the politics of religious freedom, and the never-ending negotiation of religion's place in American institutional life.Pulled Over: How Police Stops Define Race and Citizenship (Chicago Series in Law and Society)
Par Steven Maynard-Moody, Charles R. Epp, Donald Haider-Markel. 2014
In sheer numbers, no form of government control comes close to the police stop. Each year, twelve percent of drivers…
in the United States are stopped by the police, and the figure is almost double among racial minorities. Police stops are among the most recognizable and frequently criticized incidences of racial profiling, but, while numerous studies have shown that minorities are pulled over at higher rates, none have examined how police stops have come to be both encouraged and institutionalized. Pulled Over deftly traces the strange history of the investigatory police stop, from its discredited beginning as "aggressive patrolling” to its current status as accepted institutional practice. Drawing on the richest study of police stops to date, the authors show that who is stopped and how they are treated convey powerful messages about citizenship and racial disparity in the United States. For African Americans, for instance, the experience of investigatory stops erodes the perceived legitimacy of police stops and of the police generally, leading to decreased trust in the police and less willingness to solicit police assistance or to self-censor in terms of clothing or where they drive. This holds true even when police are courteous and respectful throughout the encounters and follow seemingly colorblind institutional protocols. With a growing push in recent years to use local police in immigration efforts, Hispanics stand poised to share African Americans’ long experience of investigative stops. In a country that celebrates democracy and racial equality, investigatory stops have a profound and deleterious effect on African American and other minority communities that merits serious reconsideration. Pulled Over offers practical recommendations on how reforms can protect the rights of citizens and still effectively combat crime.Slices and Lumps: Division and Aggregation in Law and Life
Par Lee Anne Fennell. 2019
How things are divided up or pieced together matters. Half a bridge is of no use at all. Conversely, many…
things would do more good if they could be divided up differently: Perhaps you would prefer a job that involves a third less work and a third less pay or a car that materializes only when needed and is priced accordingly? Difficulties in “slicing” and “lumping” shape nearly every facet of how we live and work—and a great deal of law and policy as well. Lee Anne Fennell explores how both types of challenges—carving out useful slices and assembling useful lumps—surface in myriad contexts, from hot button issues like conservation and eminent domain to developments in the sharing economy to personal struggles over work, money, time, diet, and exercise. Yet the significance of configuration is often overlooked, leading to missed opportunities for improving our lives. With a technology-fueled entrepreneurial explosion underway that is dividing goods, services, and jobs in novel ways, and as urbanization and environmental threats raise the stakes for assembling resources and cooperation, this is an especially exciting and crucial time to confront questions of slicing and lumping. The future of the city, the workplace, the marketplace, and the environment all turn on matters of configuration, as do the prospects for more effective legal doctrines, for better management of finances and health, and more. This book reveals configuration’s power and potential—as a unifying concept and as a focus of public and private innovation.“Citizenship is salvation,” preached Noble Drew Ali, leader of the Moorish Science Temple of America in the early twentieth century.…
Ali’s message was an aspirational call for black Americans to undertake a struggle for recognition from the state, one that would both ensure protection for all Americans through rights guaranteed by the law and correct the unjust implementation of law that prevailed in the racially segregated United States. Ali and his followers took on this mission of citizenship as a religious calling, working to carve out a place for themselves in American democracy and to bring about a society that lived up to what they considered the sacred purpose of the law. In The Aliites, Spencer Dew traces the history and impact of Ali’s radical fusion of law and faith. Dew uncovers the influence of Ali’s teachings, including the many movements they inspired. As Dew shows, Ali’s teachings demonstrate an implicit yet critical component of the American approach to law: that it should express our highest ideals for society, even if it is rarely perfect in practice. Examining this robustly creative yet largely overlooked lineage of African American religious thought, Dew provides a window onto religion, race, citizenship, and law in America.Nordic Equality and Anti-Discrimination Laws in the Throes of Change: Legal developments in Sweden, Finland, Norway, and Iceland
Par Anne Hellum, Ingunn Ikdahl, Vibeke Blaker Strand, and Eva-Maria Svensson. 2024
The Nordic states were among the first in the world to enact general gender equality and anti-discrimination laws with low…
threshold enforcement mechanisms. Today, the Nordic countries top the World Economic Forum’s Gender Gap Index – but have still not succeeded in closing the gender gap. This book draws a diverse and complex picture of the long, uneven and unfinished process towards substantive equality in four Nordic countries: Sweden, Finland, Norway and Iceland. It presents the Nordic gender equality model’s systematic use of three measures: overarching gender policies, legislation that has an explicit or implicit impact on gender relations and gender equality and anti-discrimination laws with low threshold enforcement systems. What potentials and limitations does the Nordic gender equality and anti-discrimination law regimes have to combat individual discrimination and structural inequality? Can these regimes function as a driver of political, legal, economic, cultural and social change, and as a corrective to laws, policies and practices that uphold existing inequalities, and, if so, to what extent? Can weaknesses in the equality and anti-discrimination laws and the way they are enforced hamper efforts to close remaining gender gaps? Rather than looking at the Nordic gender equality laws and policies in isolation, the book situates their development and transformative potential within a changing European and international political and legal landscape.Report on the Rule of Law Index in China 2 (Research Series on the Chinese Dream and China’s Development Path)
Par He Tian, Yanbin Lv, Xiaomei Wang. 2023
This book reviews and assesses the status quo concerning the rule of law in China in 2017 and predicts its…
future development in such fields as legislation, judicial reform, civil, commercial and economic law, social law, safeguarding of human rights, criminality, Internet finance, the securities market, pilot free trade zones, administrative public interest litigation, regulation of investment management business, and AI. The book consists of a series of reports on the assessment of rule of law carried out by the Innovation Project Team on the Rule of Law Index at the Institute of Law, Chinese Academy of Social Sciences. Drawing on data from web portals and using the methods of browsing websites and verifying results through phone calls, the book includes assessment reports on the government transparency of 54 departments under the State Council and the governments of 31 provinces (autonomous regions and municipalities directly under the Central Government), 49 larger cities, and 100 counties (cities and districts). In addition, reports are provided on the judicial transparency of the Supreme People’s Court, 31 higher people’s courts, and the intermediate people’s courts of 49 larger cities, the procuratorial transparency of the Supreme People’s Procuratorate and people’s procuratorates of 31 provinces (autonomous regions and municipalities directly under the Central Government) and 49 larger cities, as well as the maritime judicial transparency of 10 maritime courts in the country. The book also includes reports on disclosure of information and transparency in the public security organs of four municipalities directly under the Central Government and 27 provincial (autonomous regional) capitals. Given its scope, the book offers a valuable asset for legal scholars, lawyers, judges, prosecutors, graduate and undergraduate students, and all those who are interested in Chinese law and the country’s rule of law index.The Networked Leviathan: For Democratic Platforms
Par Paul Gowder. 2023
Governments and consumers expect internet platform companies to regulate their users to prevent fraud, stop misinformation, and avoid violence. Yet,…
so far, they've failed to do so. The inability of platforms like Facebook, Google, and Amazon to govern their users has led to stolen elections, refused vaccines, counterfeit N95s in a pandemic, and even genocide. Such failures stem from these companies' inability to manage the complexity of their userbases, products, and their own incentives under the eyes of internal and external constituencies. The Networked Leviathan argues that countries should adapt the institutional tools developed in political science for platform governance to democratize major platforms. Democratic institutions allow knowledgeable actors to freely share and apply their understanding of the problems they face while leaders more readily recruit third parties to help manage their decision-making capacity. This book is also available Open Access on Cambridge Core. For more information, visit https://networked-leviathan.com.Intersections Between Corporate and Antitrust Law (Global Competition Law and Economics Policy)
Par Marco Corradi, Julian Nowag. 2023
Recent public debate on common ownership by institutional investors has brought awareness to one of the many intersections between the…
corporate and antitrust worlds. But the interplay between these two fields dates back to the dawn of US antitrust. This volume shines a light on the often underplayed and misunderstood connections between antitrust and corporate law and finance. It offers a multi-disciplinary perspective on highly trending issues, such as parallel equity holdings, interlocking directorships, the anticompetitive effects of certain corporate governance arrangements, and the relationships between ESG and not-for profit activities with antitrust law. This edited collection brings together leading experts from across the US, Europe, and Asia and provides a cross-border perspective on alternative policy approaches for the field.This book enhances critical perspectives on human rights through the lens of performance studies and argues that contemporary artistic interventions…
can contribute to our understanding of human rights as a critical and embodied doing. This study is situated in the contemporary discourse of asylum and political art practices. It argues for the need to reimagine human rights as performative and embodied forms of recognition and practical honouring of our shared vulnerability and co-dependency. It contributes to the debate of theatre and migration, by understanding that contemporary asylum issues are complex and context specific, and that they do not only pertain to the refugee, migrant, asylum seeker or stateless person but also to privileged constituencies, institutional structures, forms of organisation and assembly. The book presents a unique mixed-methods approach that focuses equally on performance analyses and on political philosophy, critical legal studies and art history – and thus speaks to a range of politically interested scholars in all four fields.Religious freedom is a fundamental and relatively uncontested right in both the United States and Europe. But other values like…
equality, justice, and the right to a private life are just as precious. Managing such conflicts has become a highly contested and politicized area of law and nowhere are such conflicts more evident – or more challenging – than those arising in the workplace. By comparing United States Federal Courts’ approach to free exercise in the workplace with that of the European Court of Human Rights, this book explores two very different methodologies for adjudicating rights conflicts. In examining methods and results, case by case, issue by issue and addressing each step of the analytical processes taken by judges, it becomes apparent that the United States has lost its way in the quest for equality and justice. It is argued here that while the European approach has its own flaws, its proportionality approach may offer vital lessons for United States practice. The book will make compelling reading for researchers, academics, and policy-makers working in the areas of law and religion, human rights law, constitutional law, and comparative law.Wie Städte zu Marken werden: Stadtmarken zielgerichtet und umsichtig entwickeln
Par Eric Häusler, Jürgen Häusler. 2023
Dieses Buch beschreibt, wie der fragile und langwierige Prozess der Entwicklung einer Stadtmarke umsichtig gestaltet werden kann. Notwendige Hintergründe werden…
erläutert, von zahlreichen Erfahrungen wird berichtet, zielführendes Stadtmarkenmachen wird vielfältig inspiriert.Der Traum jeder Markenmacher*in: eine Stadt zu einer starken Stadtmarke – vielleicht sogar zu einem Mythos – zu entwickeln. Dabei bleibt die Mythenbildung ein Kuriosum. Erfolgt sie zielgerichtet, existieren einschlägige Erfolgsrezepte, können die Verantwortlichen identifiziert werden? Vor allem: Lässt sich der Prozess nachbilden? Wie gehen Markenmacher*innen mit der Komplexität der Phänomene Stadt und Stadtmarke handwerklich um? Wie verleihen sie dem mühevollen Prozess der Entstehung einer Stadtmarke vernünftige Erfolgsaussichten? Wie begegnen Markenmacher*innen der häufig beißenden Kritik von außen und den nagenden Selbstzweifeln? Erfolgreiche Stadtbilder entspringen den Irrungen und Wirrungen komplexer und mitunter zufälliger Prozesse. Im Zuge des globalen Städtewettbewerbs wird dieser evolutionäre Prozess mit den Errungenschaften des Handwerks des Markenmachens angereichert. Dies ist noch keine Erfolgsgarantie. Der Erfolg hängt von zahlreichen Voraussetzungen ab, die ausführlich thematisiert werden. Abschließend werden Handwerksregeln für gutes und zugleich sensibles Stadtmarkenmachen genannt.How Westminster Works . . . and Why It Doesn't
Par Ian Dunt. 2023
British politics is broken.Anyone sitting down to watch the news will get the sense that something has gone terribly wrong.…
We have prime ministers who detonate the economy, secretaries of state who are intellectually incapable of doing the job and MPs who seem temperamentally unsuited to the role. Expertise is denigrated. Lies are rewarded. And deep-seated, long-lasting national problems go permanently unresolved. Most of us have a sense that the system doesn't work, but we struggle to articulate exactly why. Our political and financial system is cloaked in secrecy, archaic terminology, ancient custom and impenetrable technical jargon.Lifting the lid on British politics, How Westminster Works . . . and Why It Doesn't exposes every aspect of the system in a way that can be understood and challenged, from the heights of Downing Street to the depths of the nation's newsrooms, from the hallways of the civil service to the green benches of the Commons.Based on interviews with some of the leading voices in politics, from former occupants of No.10 to key figures in Whitehall, Westminster and Fleet Street, Ian Dunt provides exactly what people in power have always tried to avoid: a full description of the mechanisms of British government. And a vision of how we can fix it.Hohes Alter in Deutschland (Schriften zu Gesundheit und Gesellschaft - Studies on Health and Society #8)
Par Roman Kaspar, Julia Simonson, Clemens Tesch-Römer, Michael Wagner, Susanne Zank. 2023
Dies ist ein Open-Access-Buch.Trotz des schnellen Wachstums des Anteils der Bevölkerung in einem Alter ab 80 Jahren an der Gesamtbevölkerung…
ist das Wissen über diese Bevölkerungsgruppe bislang gering. Zwar gibt es thematisch, methodisch und regional spezifische Studien, jedoch keine repräsentative Erfassung der Lebenssituation und Lebensqualität dieser Altersgruppe für den gesamtdeutschen Raum. Eine gute Datenlage ist jedoch notwendig: Zum einen, um den besonderen Unterstützungsbedarfen im hohen Alter zukünftig besser gerecht werden zu können. Zum anderen, um Lösungsansätze für sozialpolitische Herausforderungen wie der sozialen Sicherung im Alter sowie im Hinblick auf eine Generationengerechtigkeit entwickeln zu können. Schließlich, um negativen Altersbildern und Vorurteilen über die Lebensqualität im hohen Alter empirisch fundiert entgegenwirken zu können. Die Studie "Hohes Alter in Deutschland“ (D80+) ist eine bundesweit repräsentative Querschnittsbefragung der hochaltrigen Menschen in Privathaushalten und in Heimen. Sie wird vom Bundesministerium für Familie, Senioren, Frauen und Jugend (BMFSFJ) gefördert und gemeinsam vom Cologne Center for Ethics, Rights, Economics, and Social Sciences of Health (ceres) und dem Deutschen Zentrum für Altersfragen (DZA) durchgeführt. Die Studie vereint Perspektiven der an den beteiligten Institutionen verorteten Disziplinen wie Soziologie, Psychologie, Versorgungswissenschaften, Gerontologie und Medizin. Im vorliegenden Band werden zentrale Befunde u.a. zu den Themenbereichen Soziale und Digitale Teilhabe, Gesundheit und Versorgung, sowie Werte und subjektives Wohlbefinden vorgestellt.The Right to Research in Africa: Exploring the Copyright and Human Rights Interface (SpringerBriefs in Law)
Par Desmond Oriakhogba. 2023
This book formulates a human right to research in Africa based on an in-depth examination of the available international and…
regional human rights instruments as well as those relevant to the national contexts of African countries. The imbalances in the African copyright ecosystem regarding access to information for research and education became painfully apparent during the COVID-19 pandemic. African libraries and knowledge curators found themselves ill-equipped to perform their role of enabling access to information. As teaching, learning and research are increasingly done on digital platforms, learners and researchers continue to grapple with the challenges of accessing materials owing largely to the protection of these resources under copyright law. Access to information, which is needed in order to exercise the right to science and culture, faces a significant challenge posed by the exercising of exclusive rights by copyright owners without a legal mechanism that properly balances copyright from a human rights perspective.To achieve such a balance, there is an urgent need to revise the African copyright system from the perspective of human rights law. Can it be done by establishing a human right to research? In view of the existing broad freedom of expression, and the right to science and culture, education, and property in global, national and regional human rights regimes, is a specific right to research in Africa necessary and justifiable? If so, what should its minimum core components be? Are there international and national regimes already in place that could support the formulation of a human right to research in Africa?This book offers a valuable resource for law- and policymakers in the fields of copyright and human rights, judges, lawyers, public interest groups, researchers and students, librarians and authors, as well as the general public.Pandemics and Ethics: Development – Problems – Solutions
Par Andreas Reis, Martina Schmidhuber, Andreas Frewer. 2023
Pandemics such as Covid-19, Ebola, SARS, and influenza, as well as the necessary measures for their research, prevention, and treatment,…
raise a number of ethical issues that confront science, the medical profession, and health policy.This overview volume, written by renowned experts from medicine, the humanities, and the social sciences, addresses the central ethical issues in pandemics. Focusing on the disciplines of philosophy, public health, bioethics, and law, the book discusses issues of resource allocation, triage, and research, as well as restrictions on freedom, rights and duties of health professionals, and ethical aspects of digital medicine in crises. The volume is intended to serve as a handbook and to provide physicians as well as nurses, politicians and interested laypersons with valuable advice on how to deal with the difficult moral problems of epidemics and pandemics.With expert contributions by Steffen Augsberg (Giessen), Klaus Bergdolt (Cologne), Nikola Biller-Andorno (Zurich), Walter Bruchhausen (Bonn), Christiane Druml (Vienna), Hans-Jörg Ehni (Tuebingen), Alice Faust (Berlin), Sophia Forster (Erlangen-Nuremberg), Andreas Frewer (Erlangen-Nuremberg), Sara Gerke (Boston/Cambridge), Patrik Hummel (Eindhoven), Elena Jirovsky-Platter (Vienna), Katharina Kieslich (Vienna), Otmar Kloiber (Ferney-Voltaire), Ulrich H. J. Körtner (Vienna), Eva Kuhn (Bonn), Georg Marckmann (Munich), Timo Minssen (Copenhagen), Tim Nguyen (Geneva), Barbara Prainsack (Vienna), Andreas Reis (Geneva), Anita Rieder (Vienna), Stephan Rixen (Bayreuth), Lana Saksone (Berlin), Martina Schmidhuber (Graz), Harald Schmidt (Philadelphia), Annabel Seebohm (Brussels), Daniel Strech (Berlin), Sebastian Wäscher (Zurich), Hans-Werner Wahl (Heidelberg), Stefanie Weigold (Berlin), and Lena Woydack (Berlin).Artificial Intelligence (AI) can benefit our society and economy, but also brings with it new challenges and raises legal and…
ethical questions. According to the author of this comprehensive analysis, it is imperative to ensure that AI is developed and applied in an appropriate legal and regulatory framework that promotes innovation and investment and, at the same time, addresses the risks associated with certain uses of AI-related technologies.Essential to understanding the relationship between policy and law, this book traces the evolution of EU policy on artificial intelligence and robotics, focusing in particular on the EU’s ethical framework for AI, which defines trust as a prerequisite for ensuring a human-centric approach.The main part of the book provides a thorough and systematic analysis of the Commission’s 2021 proposed AI Act, which establishes harmonised rules for the development, placement on the market and use of AI systems in the EU. The author painstakingly compares the Commission’s proposed AI Act with the numerous “compromise” proposals of the Council of the European Union, leading to the final version of the Council’s AI Act (general approach) and its formal adoption on 6 December 2022. The author also examines with extraordinary detail the amendments proposed by the relevant committees and political groups of the European Parliament, revealing the position the Parliament is likely to adopt in the forthcoming negotiations with the Commission and the Council on the text of the AI Act.Numerous legislative and policy documents are presented in detail, while the analysis also considers the comments made by all interested parties (e.g. the European Commission, Council of the European Union, European Parliament, governmental organisations, national competent authorities, and stakeholders/actors with different/conflicting interests, such as corporations, business and consumer associations, civil society and other non-profit organisations). In the course of its in-depth analysis, this book will provide readers with crucial insight into the reasons behind the European Institutions’ different approaches and the often contradictory interests of stakeholders. Because the policy arguments are carefully balanced and drafted with scrupulous care, this volume will establish itself as a reference resource to be consulted for years to come.The Insider's Guide to Legal Skills
Par Emily Allbon, Sanmeet Kaur Dua. 2023
Confused by cases? Stuck on statutes? Or just unsure where to start with writing, research or revision? The Insider’s Guide…
to Legal Skills will show you what you need to succeed, applying skills in their real-world context and helping you get to grips with legal method and thinking. Making use of problem-based learning and examples throughout, the fully updated second edition of this practical and accessible guide will provide you with a clear guide to skills within the law degree, including online learning. It will show you how to make the most of these skills in assessment and also help you to see their importance to a future legal career. Designed for students who want a clear overview of what a law degree is all about, the book has been built on the skills curriculum, and is a suitable text for Legal Skills, Methods and Reasoning courses as well as a general introduction to law, or pre-reading for those considering a law degree.