A Contemporary Perspective
Author: Alan K. Chen,Scott Cummings
Publisher: Wolters Kluwer Law & Business
Public Interest Lawyering is the first comprehensive analysis of public interest lawyering that is suitable as a law school elective text and/or advanced legal profession courses and seminars. Drawing upon a range of theoretical and empirical perspectives, this timely textbook examines the lives of public interest lawyers, the clients and causes they serve, the contexts within which they work, the strategies they deploy, and the challenges they face today. Features: The first comprehensive overview of the broad range of contemporary issues faced by public interest lawyers in any American law school text. Thorough discussion of important theoretical issues about the scope and definition of public interest lawyering. Addresses American public interest law from a historical perspective with focus on current issues. Expansive examination of the settings in which public interest practice occurs, including nonprofit organizations, government agencies, and private law firms. Presents the advantages and limits of different legal strategies in public interest practice, including lobbying, public education, community organizing, and community economic development. Addresses contemporary challenges of public interest law in context, including economics and financing, legal ethics, the role of legal education, and the globalization of public interest practice. Discusses critiques of public interest law, including a reflection about the role of lawyers in social movements that addresses contemporary critiques. Ethical obligations of public interest lawyers. Explores special issues related to lawyer-client relations in social change contexts. Extensive coverage of: Models of law reform organizations. Conservative cause lawyering. Government lawyers. The economics of social change lawyering. Global social change lawyering.
Church of the Lukumi Babalu Aye v. City of Hialeah
Author: David M. O'Brien
Publisher: Univ Pr of Kansas
The Santeria religion of Cuba--the Way of the Saints--mixes West African Yoruba culture with Catholicism. Similar to Haitian voodoo, Santeria has long practiced animal sacrifice in certain rites. But when Cuban immigrants brought those rituals to Florida, local authorities were suddenly confronted with a controversial situation that pitted the regulation of public health and morality against religious freedom. After Ernesto Pichardo established a Santeria church in Hialeah in the 1980s, the city of Hialeah responded by passing ordinances banning ritual animal sacrifice. Although on the surface those ordinances seemed general in intent, they were clearly aimed at Pichardo's church. When Pichardo subsequently sued the city, a federal court ruled in the latter's favor, in effect privileging the regulation of public health and morality over the church's free exercise of its religion. The U.S. Supreme Court heard Pichardo's appeal in 1993 and unanimously decided that the city had overstepped its bounds in targeting this particular religious group; however, the court was sharply divided regarding the basis of its decision. Three concurring opinions registered distinctly different views of the First Amendment, the limits of government regulation, and the religious freedom of minorities. In the end, the nine justices collectively concluded that freedom of religious belief was absolute while the freedom to practice the tenets of any faith were subject to non-discriminatory local regulations. David O'Brien, one of America's foremost scholars of the Court, now illuminates this controversy and its significance for law, government, and religion in America. His lively account takes us behind thescenes at every stage of the litigation to reveal a riveting case with more twists and turns than a classic whodunit. Ranging with equal ease from primitive magic to municipal politics and to the most arcane points of constituti
Author: Daniel A. Farber,Lisa Grow Sun,Robert R. M. Verchick
Publisher: Aspen Publishers
Category: Disaster insurance
Disaster Law and Policy examines the growing field concerned with disaster prevention, emergency response, compensation and& insurance, human rights, and community recovery. The first book on disaster law to appear in the wake of Katrina, this fascinating text provides the key building blocks for a thoughtful analysis of the issues that surround disaster-relief policy and procedure. Exploring the legal issues that surround Katrina and other natural disasters in the U.S. and around the world, Disaster Law and Policy, features: effective tools for legal analysis of issues emerging from disastrous events discussion problems and class exercises an interdisciplinary approach that combines law, public policy, economics, and science broad coverageand—from environmental and land use law to insurance, tort law, and civil rights issues discussion of public expectations of government response in crisis, compared to actual government and private sector preparedness and capabilities examination of post disaster issues such as Medicaid, the role of environmental litigation, communications, law enforcement, evacuation, and the work of the Army Corps of Engineers on the levees in New Orleans Adopting a wider perspective that looks at the legal ramifications of disasters across the United States and around the world, the Second Edition offers: a new chapter on the causes of disasters and their relationship to laws designed to protect health, safety, and the environment a new chapter on risk and uncertainty that examines the latest ideas to come out of economics, complexity theory, and organizational management a new chapter on international disaster law that looks at recent developments in disaster-risk management, the protection of human rights, and the preservation of ecosystem services Coverage includes discussion of the 2005 Asian Tsunami, Chinaand’s Sechuan Earthquake, and Cycloe Nargis in Mynamar/Burma a new chapter on recovery from disaster that features an extended class exercise A unique and timely text in a burgeoning field, Disaster Law and Policy, Second Edition, is ideal for use in a seminar or a course on disaster issuesand—or as a supplement in courses on environmental law or land use.
Law, Policy, and Management
Author: Deborah L. Rhode,Amanda K. Packel
Publisher: Aspen Publishers
Category: Business & Economics
This is the first course book targeted for leadership courses in law schools, and one of the few accessible classroom- oriented texts for leadership in policy and management programs. It combines excerpts from leading books and articles, accessible background material, real-world problems and case histories, class exercises, and bibliographic and media references in areas of core leadership competencies. Features: Author Deborah L. Rhode has edited three well respected books on leadership (two on women and one on moral leadership), has developed one of the first law school courses on leadership, and has written widely on leadership. Each chapter includes excerpts from foundational texts, engaging overviews of core concepts, discussion questions, class problems, and exercises. The problems and overviews draw on contemporary real world examples as well as leading research. Each major topic includes links to short segments from movies, documentaries, and news clips that can be shown in class. Sufficient materials are available so that professors who want to focus only on law, or policy, or management, can select readings and problems centered on those areas. Coverage includes key theoretical and empirical issues concerning the nature and qualities of leadership, the role of values, gender and diversity, philanthropy and public service, and core competencies (decision making, influence, communication, conflict resolution, crisis management, social and organizational change). Materials on moral leadership and scandals make for highly engaging discussion on "how the good go bad." A separate chapter on leadership through film and literature provides background and questions for leading novels, short stories, and movies that profile leadership challenges in law, policy, and management.
Implementing the Personalisation of Support
Author: Andrew Power,Janet E. Lord,Allison S. DeFranco
Publisher: Cambridge University Press
Category: Political Science
This book provides an international comparative study of the implementation of disability rights law and policy focused on the emerging principles of self-determination and personalisation. It explores how these principles have been enshrined in the United Nations Convention on the Rights of Persons with Disabilities and how different jurisdictions have implemented them to enable meaningful engagement and participation by persons with disabilities in society. The philosophy of 'active citizenship' underpinning the Convention - that all citizens should (be able to) actively participate in the community - provides the core focal point of this book, which grounds its analysis in exploring how this goal has been imagined and implemented across a range of countries. The case studies examine how different jurisdictions have reformed disability law and policy and reconfigured how support is administered and funded to ensure maximum choice and independence is accorded to people with disabilities.
Author: Ronald C. Brown
Publisher: Cambridge University Press
Continued economic prosperity in China and its international competitive advantage have been due in large part to the labor of workers in China, who for many years toiled in underregulated workplaces. More recently, labor law reforms have been praised for their progressive measures and, at the same time, blamed for placing too many economic burdens on companies, especially those operating on the margins, which in some cases have caused business failures. This, combined with the global downturn and the millions of displaced and unemployed Chinese migrant laborers, has created ongoing debate about the labor laws. Meanwhile, the Chinese Union has organized many of the Global Fortune 500 companies, and a form of collective bargaining is occurring. Workers are pursuing their legal labor rights in increasing numbers. This book provides a clear overview of the labor and employment law environment in China and its legal requirements, as well as practices under these laws used to deal with labor issues.
Beyond the Crossroads
Author: James J. Duderstadt,Farris W. Womack
Publisher: JHU Press
In the United States, public colleges and universities educate more than 80 percent of the nation's 11 million college students. Public universities conduct the majority of the country's campus-based research and produce most of the nation's doctors, lawyers, engineers, teachers, and other professionals and public leaders. They provide critical services such as agricultural and industrial technology, health care, and economic development, and they help students of all ages develop more rewarding careers and more meaningful lives. Written for everyone who is interested in and concerned about the nation's public universities, The Future of the Public University in America offers a view from the perspective of two experienced professionals. James J. Duderstadt, former president of the University of Michigan, and Farris W. Womack, former executive vice president and chief financial officer of the University of Michigan, explore the unique challenges facing public higher education today. They look at the forces driving change -- economic imperatives, technology, and market forces -- as well as the characteristics of the public university that make change difficult: the nature of its various campus communities, its governance system, its management and decision-making processes, and its leadership. The authors conclude by suggesting strategies at the state and federal level to preserve and strengthen public higher education as a resource for future generations.
An International Guide to Data Security and ISO27001/ISO27002
Author: Alan Calder,Steve Watkins
Publisher: Kogan Page Publishers
Category: Business & Economics
Faced with constant and fast-evolving threats to information security and with a growing exposure to cyber risk, managers at all levels and in organizations of all sizes need a robust IT governance system. Now in its sixth edition, the bestselling IT Governance provides best-practice guidance for companies looking to protect and enhance their information security management systems and protect themselves against cyber threats. IT Governance has been fully updated to take account of current cyber security and advanced persistent threats and reflects the latest regulatory and technical developments, including the 2013 updates to ISO27001/ISO27002. Changes for this edition include: Full updates throughout in line with the revised ISO27001 standard and accompanying ISO27002 code of practice for information security controls Full coverage of changes to data-related regulations in different jurisdictions and advice on compliance Guidance on the options for continual improvement models and control frameworks made possible by the new standard New developments in cyber risk and mitigation practices The latest technological developments that affect IT governance and security Guidance on the new information security risk assessment process and treatment requirements Including coverage of key international markets including the UK, North America, the EU and Asia Pacific, IT Governance is the definitive guide to implementing an effective information security management and governance system.
Author: Roscoe Pound
Roscoe Pound, former dean of Harvard Law School, delivered a series of lectures at the University of Calcutta in 1948. In these lectures, he criticized virtually every modern mode of interpreting the law because he believed the administration of justice had lost its grounding and recourse to enduring ideals. Now published in the U.S. for the first time, Pound's lectures are collected in Liberty Fund's The Ideal Element in Law, Pound's most important contribution to the relationship between law and liberty. The Ideal Element in Law was a radical book for its time and is just as meaningful today as when Pound's lectures were first delivered. Pound's view of the welfare state as a means of expanding government power over the individual speaks to the front-page issues of the new millennium as clearly as it did to America in the mid-twentieth century. Pound argues that the theme of justice grounded in enduring ideals is critical for America. He views American courts as relying on sociological theories, political ends, or other objectives, and in so doing, divorcing the practice of law from the rule of law and the rule of law from the enduring ideal of law itself. Roscoe Pound is universally recognized as one of the most important legal minds of the early twentieth century. Considered by many to be the dean of American jurisprudence, Pound was a former Justice of the Supreme Court of Nebraska and served as dean of Harvard Law School from 1916 to 1936. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
A Bridge from the Past to the Future of Law Practice
Author: Susan S. Blakely
Publisher: Aspen Publishers
In What Millennial Lawyers Want: A Bridge from the Past to the Future of Law Practice, author Susan Smith Blakely expands her audience beyond young women lawyers to ALL young lawyers and those who lead them. Following the success of her three-book Best Friends at that Bar series, Ms. Blakely shifts her focus to millennial lawyers who are the future of the law profession. This book is for: Law students to understand current practices, what needs to be changed, and how to fit into an evolving profession; Law firm associates to validate their instincts about outdated law firm policies and toxic law firm cultures; and Law firm leaders to understand millennial lawyers and to make the necessary changes to law firm cultures to retain talent and lead them into the next quarter of the 21st century. Through extensive research about millennial lawyers and by millennial lawyers as well as entertaining and inspirational stories of lawyers from a generation past, Blakely makes a case that demonstrates a healthier path forward for a profession in transition—a path enriched by recapture of the values and beliefs, which successfully guided lawyers of the Greatest Generation. The message is that bad habits and toxic environments are not beyond repair if we listen to the voices of a new generation of lawyers and help them—and us—find a better way forward. You will learn: The facts about millennial lawyers; The values that millennial lawyers bring to the profession; What millennial lawyers want from law practice; The challenge for law firms to initiate change to retain and develop millennial lawyers; and Lessons from real life stories demonstrating values lost but not forgotten.
Rules, Policies, and Practices
Author: Joseph William Singer,Bethany R. Berger,Nestor M. Davidson,Eduardo Moises Penalver
Publisher: Wolters Kluwer Law & Business
This hugely successful cases-and-problems book is acclaimed for its textual clarity, evenhanded perspective, and contemporary, up-to-date character. Easily distinguished from other property casebooks for its clear descriptions of legal doctrine and its variations; its explanations of the social ramifications of property law; its emphasis on both statutory and regulatory interpretation; its comprehensive treatment of public accommodations and fair housing law, current tribal property issues, and property in human bodies; and its use of the problem method to teach legal reasoning and lawyering skills. Thoroughly updated to reflect significant changes in the law of property, the Seventh Edition incorporates multiple new Supreme Court cases, including: Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., Obergefell v. Hodges, and Reed v. Town of Gilbert, and three decided or pending cases with implications for regulatory takings, Horne v. Dep’t of Agriculture, Marvin M. Brandt Revocable Trust v. United States, and Murr v. State.
Author: Lawrence O. Gostin
Publisher: Univ of California Press
Now revised and expanded to cover today’s most pressing health threats, Public Health Law and Ethics probes the legal and ethical issues at the heart of public health through an incisive selection of government reports, scholarly articles, and relevant court cases. Companion to the internationally acclaimed text Public Health Law: Power, Duty, Restraint, this reader can also be used as a stand-alone resource for students, practitioners, scholars,and teachers. It encompasses global issues that have changed the shape of public health in recent years including anthrax, SARS, pandemic flu, biosecurity, emergency preparedness, and the transition from infectious to chronic diseases caused by lifestyle changes in eating and physical activity. In addition to covering these new arenas, it includes discussion of classic legal and ethical tensions inherent to public health practice, such as how best to balance the police power of the state with individual autonomy.
Trust, Public Benefit and Capital Markets
Author: Dana Brakman Reiser,Steven A. Dean
Publisher: Oxford University Press
Social enterprises represent a new kind of venture, dedicated to pursuing profits for owners and benefits for society. Social Enterprise Law provides tools that will allow them to raise the capital they need to flourish. Social Enterprise Law weaves innovation in contract and corporate governance into powerful protections against insiders sacrificing goals such as environmental sustainability in the pursuit of short-term profits. Creating a stable balance between financial returns and public benefits will allow social entrepreneurs to team up with impact investors that share their vision of a double bottom line. Brakman Reiser and Dean show how novel legal technologies can allow social enterprises to access capital markets, including unconventional sources such as crowdfunding. With its straightforward insights into complex areas of the law, the book shows how a social mission can even be shielded from the turbulence of an acquisition or bankruptcy. It also shows why, as the metrics available to measure the impact of social missions on individuals and communities become more sophisticated, such legal innovations will continue to become more robust. By providing a comprehensive survey of the U.S. laws and a bold vision for how legal institutions across the globe could be reformed, this book offers new insights and approaches to help social enterprises raise the capital they need to flourish. It offers a rich guide for students, entrepreneurs, investors, and practitioners.
An Introduction to Cognitive Materialism
Author: Mariano Zukerfeld
Knowledge in the Age of Digital Capitalism proposes a new critical theory concerning the functioning of capitalism and how we consider knowledge and information. The book offers nothing less than an introduction to the theory of cognitive materialism and an account of the entirety of the digital (or knowledge) capitalism of our time.
Finding What You Need When You Need It
Author: Amy E. Sloan
Publisher: Wolters Kluwer Law & Business
Concise new title by the top author in legal research. Focuses on pre-and post-search analysis for effectively filtering vast amounts of material. Teaches students how to identify the most pertinent and authoritative information to solve a legal problem. Features: Concise, reasonably priced new title from the top legal research author. Approaches legal research as a filtering process to identify the most pertinent and authoritative information from vast search results. Part I: Explains how to define a research question; pre-filter content before beginning a search; conduct research; and establish post-search criteria for filtering results. Part II: Describes essential features of individual sources of authority and search strategies unique to each source. Part III: Contains research flowcharts to help students plan research strategy for different types of research projects. Contains all information students need to learn fundamental principles of legal research. Can also be used to complement other texts and classroom materials. Not simply a shorter version of Basic Legal Research. Looks at research as a process of filtering the available information, rather than as a process that requires first choosing the right source of authority to solve a legal problem.
Author: Daniel A. Farber
Publisher: Edward Elgar Pub
'By bringing together these groundbreaking papers on legal issues of disasters, Farber and Faure construe a proper research domain of "disaster law". They convincingly juxtapose disaster prevention, mitigation, response, compensation and insurance. As a result, the editors show the intricate relationship between legal issues that were usually left isolated in the past.' - Willem van Boom, Erasmus University, the Netherlands
Author: Linda H. Edwards
Publisher: Wolters Kluwer Law & Business
A concise, straightforward guide to developing legal writing and analysis skills for beginning legal writers. Features: New material on drawing factual inferences, one of the most important kinds of reasoning for legal writers. Citation materials updated to cover the new editions of both ALWD and the Bluebook. Companion web site includes additional examples of office memos, opposing briefs, and summary judgment motions. A concise, straightforward guide to developing legal writing and analysis skills for beginning legal writers. Features: New material on drawing factual inferences, one of the most important kinds of reasoning for legal writers. Citation materials updated to cover the new editions of both ALWD and the Bluebook. Companion web site includes additional examples of office memos, opposing briefs, and summary judgment motions.