This single-volume hornbook provides a comprehensive overview of tort and injury law. The book covers all of the major topics in tort law. Topics include liability for physical injuries, as well as emotional, dignitary, and economic harms. This newly-updated edition includes citations to hundreds of cases and statutes decided over the last decade, as well as references to the Restatement (Third) of Torts.
Featuring case studies and discussion questions, this textbook - with revisions addressing significant changes to US food law - offers accessible coverage appropriate to a wide audience of students and professionals. Overviews the federal statutes, regulations, and regulatory agencies concerned with food regulation and introduces students to the case law and statutory scheme of food regulation Focuses updated content on the 2011 FDA Food Safety Modernization Act (FSMA), the biggest change to US food law since the 1930s Contains over 20% new material, particularly a rewritten import law chapter and revisions related to food safety regulation, health claims, and food defense Features case studies and discussion questions about application of law, policy questions, and emerging issues.
A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court The Supreme Court's decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens' ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts' primary purpose, and they should not be barred from considering any constitutional question.
Long lauded as a model of international cooperation, the Columbia River Treaty governs the storage and management of the waters of the upper Columbia River basin, a region rich in water resources, with a natural geography well suited to hydroelectric megaprojects. The Treaty also caused the displacement of over 2,000 residents of over a dozen communities, flooded and destroyed archaeological sites and up-ended once-healthy fisheries. The book begins with a review of key historical events that preceded the Treaty, including the Depression-era construction of Grand Coulee Dam in central Washington, a project that resulted in the extirpation of prolific runs of chinook, coho and sockeye into B.C. Prompted by concerns over the 1948 flood, American and Canadian political leaders began to focus their policy energy on governing the flow of the snow-charged Columbia to suit agricultural and industrial interests. Referring to national and provincial politics, First Nations history, and ecology, the narrative weaves from the present day to the past and back again in an engaging and unflinching examination of how and why Canada decided to sell water storage rights to American interests. A River Captured surveys important history that can influence debate on who owns water, how water should be valued and whether or not rivers can be managed for non-human values such as fisheries, as well as the familiar call for more affordable electricity.
The quality and the strength of an environmental legal system is a reflection of the conceptual foundations upon which it is constructed. The Research Handbook on Fundamental Concepts of Environmental Law illuminates key aspects of environmental governance through the lens of their underlying dimensions: for example, the form, structure and language of international, regional and national instruments; the function of norms, objectives and standards; and the relevance of economic analysis and of integrated policy formulation. The topical chapters in this timely Handbook include analyses of human rights, constitutional rights, property rights, sustainable development, environmental impact assessment and precaution. Perceptive contributions examine the emerging roles played by various concepts, values and objectives in environmental governance. The nature of these emerging concepts and their relationship with traditional rights and duties, which are typically reactive in nature, is of particular significance. The concepts examined go to the heart of environmental law: the capacity of a system of environmental governance to be judicially recognized and enforced.This insightful Handbook will be a valuable resource for all students and researchers in environmental law and governance. It will be essential reading for policymakers, legal drafters and anyone needing to understand the foundations of the modern environmental legal system.
This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on the rules on immigration and right of residence of non-nationals in the United States examines the legal and administrative conditions for persons not having the citizenship of a State to enter the country and to stay and reside there. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. It follows the common structure of all monographs appearing in the International Encyclopaedia for Migration Law, thus allowing easy comparison between the country studies. As migration and economic activities are often interlinked, the analysis pays particular attention to labour market access and regulation of self-employed activities for non-nationals. The book describes the status of such specific categories of persons as students, researchers, temporary workers, and asylum seekers, as well as the position of family members, detailing applicable legislation and providing practical information on administrative procedures, sanctions, and legal remedies and guarantees. The impact of international human rights law and various bilateral and multilateral agreements is considered, along with the broader application of national and local law to non-citizens in such areas as family relations, labour, social security, and education. Lawyers, scholars, practitioners, policymakers, government administrations, and non-governmental organizations involved in the development, practice and study of migration law will find this book indispensable. It will be welcomed by lawyers representing parties with interests in the United States and immigration specialists in both public and private organizations. Academics and researchers also will appreciate its value in the study of comparative trends and harmonization initiatives affecting migrants.
In rich detail, the Treatise examines the evolution of the mineral lease under the civil law that prevails in Louisiana; the contours and various attributes of the lease relationship; the statutory laws that regulate it, as well as the clauses (both customary and special) contained in the mineral lease forms used in Louisiana. Additionally, the Treatise analyzes the types and kinds of mineral lease; transfers of the lease contract, as well as security interests in the mineral lease, and remedies for the breach of the lease.
Dean Elspeth Flowers will let nothing--nothing--stand in the way of plans to catapult her backwater state law school into the U.S. News & World Report Top 5. But tensions between the school's warring factions--the Quants, Poets and Bog Dwellers--imperil her plans. So, too, in this rollicking satire do the errant pursuits of her faculty and the maneuverings of a mail room clerk with a business plan of his own to radically transform the school. The arrival of an outside committee to conduct the law school's required seven-year accreditation review threatens to expose the school's deepest secrets and forces the dean to confront her own darkest demons. A romp through the legal academy, Legal Asylum asks the hardest question facing higher education in America today: Can a school make it into the exalted realm of the U.S. News Top 5 and lose its accreditation, all in the same year?
This collection of critical essays considers the criminalisation of squatting from a range of different theoretical, policy and practice perspectives. While the practice of squatting has long been criminalised in some jurisdictions, the last few years have witnessed the emergence of a newly constituted political concern with unlawful occupation of land. With initiatives to address the 'threat' of squatting sweeping across Europe, the offence of squatting in a residential building was created in England in 2012. This development, which has attracted a large measure of media attention, has been widely regarded as a controversial policy departure, with many commentators, Parliamentarians, and professional organisations arguing that its support is premised on misunderstandings of the current law and a precarious evidence-base concerning the nature and prevalence of 'squatting'. Moral Rhetoric and the Criminalisation of Squatting explores the significance of measures to criminalise squatting for squatters, owners and communities. The book also interrogates wider themes that draw on political philosophy, social policy, criminal justice and the nature of ownership, to consider how the assimilation of squatting to a contemporary punitive turn is shaping the political, social, legal and moral landscapes of property, housing and crime.
The relationship between Sandra Day O’Connor and Ruth Bader Ginsburg—Republican and Democrat, Christian and Jew, western rancher’s daughter and Brook-lyn girl—transcends party, religion, region, and culture. Strengthened by each other’s presence, these groundbreaking judges, the first and second women to serve on the highest court in the land, have transformed the Constitution and America itself, making it a more equal place for all women. Linda Hirshman’s dual biography includes revealing stories of how these trailblazers fought for recognition in a male-dominated profession—battles that would ultimately benefit every American woman. Hirshman also makes clear how these two justices have shaped the legal framework of modern feminism, setting precedent in cases dealing with employment discrimination, abortion, affirmative action, sexual harassment, and many other issues crucial to women’s lives. Sisters in Law combines legal detail with warm personal anecdotes, bringing these very different women into focus as never before. Meticulously researched and compellingly told, it is an authoritative account of our changing law and culture, and a moving story of a remarkable friendship.
Each year, more than two million children around the world fall victim to commercial sexual and labor exploitation. Put simply, the growing epidemic of child exploitation demands a coordinated response. In addition to compliance concerns raised by the Foreign Corrupt Practices Act (FCPA), UK Bribery Act, and other more familiar transnational anti-corruption laws, todays companies must also respond to more novel legal requirements, such as those contained in the California Transparency in Supply Chains Act, Federal Acquisition Regulations on Trafficking in Persons in Federal Contracts, U.K. Modern Slavery Act of 2015, European Union s Directive on Transparency and its amendments, and the proposed federal Business Transparency in Trafficking and Slavery Act and other laws. This Second Edition of Child Exploitation and Trafficking: Examining Global Enforcement and Supply Chain Challenges and U.S. Responses brings fresh, practical thinking to this oft-misunderstood area of the law, helping erase some of its counterproductive mythology. The book not only provides the first comprehensive, practical introduction to the history and present-day reality of child exploitation and supply chain issues, but it also traces the interconnected web of domestic and transnational federal laws and law enforcement efforts launched in response thereto.
Economic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This book assembles a team of experts from many countries that draw on a rich variety of comparative methods to capture changes and emerging trends across nations and regions.The chapters in this Research Handbook mingle subjects of long-standing comparative concern with matters that have pressed to the fore in recent years. Subjects like "soft law" and emerging geographic zones are placed in a new light and their burgeoning significance explored. Thematic and regional comparisons capture the challenges of a globally comparative perspective on labor law. The fresh and thoughtful comparative analysis in this Handbook makes it a critical resource for scholars and students of labor law.
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