Climate Change Law and Policy

Author: Hari Osofsky,Lesley McAllister

Publisher: Wolters Kluwer Law & Business

ISBN: 1454836024

Category: Law

Page: 480

View: 1539

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Pioneers in an emergent field, the authors of Climate Change Law and Policy have created a modular and accessible text with extensive web resources. Designed for 2- and 3-credit courses, discussion, commentary, and exercises are integrated into every chapter. Tracing key legal developments, the scope of this landmark text spans international, United States, foreign, state and local, and nongovernmental efforts to address climate change. A concise text that takes a global view, Climate Change Law and Policy features: accessible and modular format that can adapt to a variety of teaching objectives timely coverage of key legal developments in climate change control around the world discussion of the role of non-nation-state actors in forming climate change policy, including cities, corporations, NGO's, and individuals draws from commentary of leading experts on each topic exercises in each chapter based on major law and policy issues extensive web resources, including updates and links

Water Resource Management

A Casebook in Law and Public Policy

Author: A. Dan Tarlock,James N. Corbridge,David H. Getches

Publisher: N.A

ISBN: N.A

Category: Law

Page: 1054

View: 9525

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The revised edition of Charles J. Meyers et al. Water Resource Management, 3rd ed., 1988. This edition places a greater emphasis on statutory systems than in prior editions, and the materials have been bolstered on public interest issues under state and federal laws. New cases have been added and significant new developments are captured by the addition of relevant textual material, notes of recent legislative activity, and scholarly commentary. The earlier editions' national orientation has been broadened, reflecting the fact that water issues are not limited to the West's perceived scarcity. Annotation copyright by Book News, Inc., Portland, OR

State Constitutional Law

The Modern Experience

Author: Randy J. Holland,Jeffrey Sutton

Publisher: West Academic Publishing

ISBN: 9781634596824

Category:

Page: 1099

View: 1262

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In this, the second edition of State Constitutional Law: The Modern Experience, the authors present cases, scholarly writings, and other materials about our ever-evolving, ever-more-relevant state charters of government. The casebook starts by placing state constitutions in context--in the context of a federal system that leaves some powers exclusively with the States, delegates some powers exclusively to the Federal Government, and permits overlapping authority by both sovereigns in many areas. The resulting combination of state and federal charters--what might be called American Constitutional Law--presents fruitful opportunities for give and take, for exporting and importing constitutional tools and insights between and among the different sovereigns. The casebook often addresses the point by explaining how the U.S. Constitution deals with an issue before discussing how the state constitutions handle an identical or similar issue. At other times, the casebook explains and illustrates how the state constitutions contain provisions that have no parallel in the U.S. Constitution. A central theme of the book, explored in the context of a variety of constitutional guarantees, is that state constitutions provide a rich source of rights independent of the federal constitution. Considerable space is devoted to the reasons why a state court might construe the liberty and property rights found in their constitutions, to use two prominent examples, more broadly than comparable rights found in the U.S. Constitution. Among the reasons considered are: differences in the text between the state and federal constitutional provisions, the smaller scope of the state courts' jurisdiction, state constitutional history, unique state traditions and customs, and disagreement with the U.S. Supreme Court's interpretation of similar language. State constitutional law, like its federal counterpart, is not confined to individual rights. The casebook also explores the organization and structure of state and local governments, the method of choosing state judges, the many executive-branch powers found in state constitutions but not in their federal counterpart, the ease with which most state constitutions can be amended, and other topics, such as taxation, public finance and school funding. The casebook is not parochial. It looks at these issues through the lens of important state court decisions from nearly every one of our 50 States. In that sense, it is designed for a survey course, one that does not purport to cover any one State's constitution in detail but that considers the kinds of provisions found in many state charters. Like a traditional contracts, real property or torts textbook, the casebook uses the most interesting state court decisions from around the country to illustrate the astonishing array of state constitutional issues at play in American Constitutional Law. It is difficult to overstate the growing significance of state constitutional law. Many of the ground-breaking constitutional debates of the day are being aired in the state courts under their own constitutions--often as a prelude to debates about whether to nationalize this or that right under the National Constitution. To use the most salient example, it is doubtful that there would have been a national right to marriage equality in 2015, see Obergefell v. Hodges, without the establishment of a Massachusetts right to marry in 2003, see Goodridge v. Department of Public Health. In other areas of constitutional litigation--gun rights, capital punishment, property rights, school funding, free exercise claims, to name but a few--state courts often are the key innovators as well, relying on their own constitutions to address individual rights and structural debates of the twenty-first century. The mission of the casebook is to introduce students to this increasingly significant body of American law and to prepare them to practic

Environmental Economics

A Critique of Benefit-Cost Analysis

Author: Philip E. Graves

Publisher: Rowman & Littlefield Publishers

ISBN: 074257847X

Category: Business & Economics

Page: 198

View: 1203

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Environmental Economics: A Critique of Benefit-Cost Analysis describes, in a non-technical, readily understandable way, why the practice of benefit-cost analysis in environmental settings is heavily biased against the environment. The book provides environmentalists with the tools necessary to show policy-makers that pursuing many policies with apparent costs greater than benefits are, in fact, welfare-enhancing.

Natural Resources Law and Policy

Author: James Rasband,James Salzman,Sam Kalen,Mark Squillace

Publisher: Foundation Press

ISBN: 9781609304423

Category:

Page: 1597

View: 7351

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This law school casebook presents the law and policy of natural resource management in a user-friendly and engaging manner. The book covers a wide range of natural resourcesâe"from forests and wildlife to oceans and riversâe"with problem exercises and case studies for students to sharpen their understanding of the issues. The book begins with an exploration of the economic, scientific, political and ethical considerations that drive natural resource policy as well as consideration of the natural resource management challenges presented by common pool resources, scientific uncertainty, mismatched scale, market failures and institutional adequacy. The book then explores these themes and explicates the basic legal regimes for a range of resourcesâe"wildlife, fisheries, whaling, water, protected lands, range, mining, and forests. The book also considers natural resource law and management on both public lands and private property, as well as in international settings. For more information and additional teaching materials, visit the companion site.

Law and Religion

Cases and Materials

Author: Leslie C. Griffin

Publisher: Foundation Press

ISBN: 9781599416489

Category: Political Science

Page: 785

View: 5743

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The second edition continues the book's interdisciplinary approach to law and religion, including background materials about the religions involved in the cases and readings about comparative religion. The comparative law sections analyze international protection of religious freedom in comparison and contrast with U.S. law. The new edition features recent Supreme Court religion cases O Centro and Summum and considers lower court rulings in anticipation of cases currently before the Court, including the public cross case from California And The Hastings Law School Christian Legal Society case. A variety of state and federal cases addressing issues not resolved by the U.S. Supreme Court is also included. The relationship between science and religion receives extended treatment in Chapter 8. Updated treatment of RLUIPA is included in Chapter 4.

Land Use Regulation

Cases and Materials

Author: Daniel P. Selmi,James A. Kushner,Edward H. Ziegler,Joseph F. C. DiMento,John Echeverria

Publisher: Wolters Kluwer Law & Business

ISBN: 1454887966

Category: Law

Page: 1120

View: 2142

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Land Use Regulation: Cases and Materials, Fifth Edition is a dynamic, scholarly, yet practical teaching approach that focuses on the role of the lawyer in land use regulatory matters and the factors that influence land development decisions. Offering more comprehensive changes than in any edition since the book was first published, the Fifth Edition offers a new chapter addressing emerging issues in the field, including regulation of medical marijuana and fracking, responses to problems posed by vulnerable populations such as the homeless, continuing developments in “smart growth,” and changes in redevelopment law. It also features a thorough reorganization of takings materials, combining all of them in one chapter and addressing emerging issues.

The Individual Tax Base

Cases, Problems and Policies in Federal Taxation

Author: Laurie L. Malman,Linda F. Sugin,Lewis D. Solomon

Publisher: West Academic

ISBN: 9780314917522

Category: Law

Page: 613

View: 2891

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This concise casebook distills the major themes of taxation. It offers well-developed problems and discussion questions in every chapter. The book is designed to help teachers and students make sense of both law and policy, and demands that students read the Code in addition to the text. Like the first edition, this edition develops a running analysis of income-tax and consumption-tax elements in the Code. It also focuses on the social policy effects of the tax law. The second edition is fully updated through the 2009 Stimulus Act.

Modern Water Law

Private Property, Public Rights, and Environmental Protections

Author: Robert W. Adler,Robin Kundis Craig,Noah D. Hall

Publisher: Foundation Press

ISBN: 9781609302320

Category: Law

Page: 795

View: 2127

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Modern Water Law provides a comprehensive text to study the range of legal issues and doctrines that affect water resources. This is a national book that uses many recent cases, bringing a fresh perspective to the field. The authors begin with private water use rights, including common law doctrines for riparian reasonable use and prior appropriation, as well as groundwater rights and the statutory schemes for administering water use rights. The book explores the range of public rights in water, including navigation, the public trust doctrine, federal reserved rights, and interstate water management. The book also introduces modern challenges and environmental protection goals, focusing on the energy-water nexus, water pollution, and endangered species conflicts. The final chapters combine these concepts in the context of complex watershed restoration challenges and water rights takings litigation.

Cases and Materials on Federal Indian Law

Author: David Getches,Charles Wilkinson,Kristen Carpenter,Robert Williams,Matthew Fletcher

Publisher: West Academic Publishing

ISBN: 9781634599061

Category:

Page: 1179

View: 6226

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This federal Indian law casebook has an unprecedented focus on Native Nation-building, including cutting-edge materials on tribal economies and tribal justice systems unavailable elsewhere. The Seventh Edition retains classic material on the history of federal Indian law and policy, including the medieval origins of the "Doctrine of Discovery," and the shifting eras of Indian law leading to the current Nation-building era. The book covers the federal tribal relationship; tribal sovereignty and jurisdiction; Indian religion and culture; water rights; treaty rights; rights of Alaska natives and native Hawaiians; and international legal perspectives.

Cases on Reproductive Rights and Justice

Author: Melissa Murray,Kristin Luker

Publisher: Foundation Press

ISBN: 9781609304348

Category: Law

Page: 949

View: 8483

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The first casebook on the subject marks the contours of the field and provides a comprehensive understanding of the law and legal discourse relating to state regulation of sex, bodies, families, and reproduction. This compilation of rich historical and contemporary primary and secondary materials, accompanied by rigorous legal analysis, considers the economic, political, legal, and social factors that influence procreation and parenting. It is attentive to questions of race, ethnicity, socio-economic status, sexual orientation, and ability. Given that reproductive rights are implicated by different bodies of law, the casebook and teacher's manual will serve as guides to help balance expertise in one particular area of the law and enable well-rounded engagement with various issues.

Torts, Cases and Materials

Author: Victor E. Schwartz,Kathryn Kelly,David Partlett

Publisher: Foundation Press

ISBN: 9781609304072

Category:

Page: 1389

View: 6138

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Through its excellence in scholarship, clarity, and ease of use, this casebook engages readers in a critical thinking about tort law. It sets forth crisply edited classic tort cases as well as cases reflecting the newest tort law trends. Its authors are a strong combination of respected scholars and those who practice in the subject. The casebook goes beyond judicial decisions and includes key tort-centered legislation and comparative perspectives where relevant. The casebook encourages the reader to understand the law's foundations and debate modern trends within various policy prescriptions. Unbiased in its approach and organized in manageable sections of information, the casebook is a superb tool for productive and stimulating classroom debate. Tort law doctrine and its rationale will come alive for students. The casebook, proven over 13 editions, assures that our students will be effectively guided to embrace the law of torts as a building block for the remainder of law school and a life in the law beyond. This new edition insures that it will maintain its place as the most widely adopted Torts casebook.

Cases and Materials on Modern Property Law

Author: Jon W. Bruce,James W. Ely

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 825

View: 6209

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This case book is a tightly organized, manageable volume with emphasis on engaging, well-edited cases, useful notes, and crisp textual analysis. An introductory chapter, which now contains the Kelo case, examines property law's scope and position in the U.S. legal system. The next chapter on landlord-tenant law is accessible for first year law students, providing a challenging forum for discussion of the interplay among the common law of property, statutes, and contractual undertakings. Subsequent chapters deal with personal property, the variety of interests in real property, real estate transactions, attributes of landownership, and how municipal/state government controls private land use.

Water Law

Author: Robin Craig,Noah Hall,Robert Adler

Publisher: Foundation Press

ISBN: 9781634603133

Category:

Page: 351

View: 8997

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Intended for a general audience, Water Law: Concepts & Insights provides both a general overview of basic water law doctrines and an exploration of how water law-the law and policies governing allocation of water-fit into broader ecological and environmental law issues. The book provides an overview of important hydrological principles before discussing the two state-law systems governing use of surface water in the United States and the five doctrines governing use of groundwater. It then explores the federal government's interests in the fresh waters of the United States, ranging from protection of navigability to federal water projects to federal water rights. Putting the law governing water use into a broader context, Water Law: Concepts & Insights then explores the intersections of state water law with energy policy and production, water quality protections, endangered species protections, and broader watershed management. It ends by returning to the concept of water rights as protected private property rights and the complexities of constitutional "takings" litigation when environmental protections interfere with those rights.

Financial Regulation

Law and Policy

Author: MICHAEL. JACKSON BARR (HOWELL. TAHYAR, MARGARET.),Howell Jackson,Margaret Tahyar

Publisher: Foundation Press

ISBN: 9781640202498

Category:

Page: 1412

View: 7322

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Financial Regulation: Law and Policy (2d Edition) introduces the field of financial regulation in a new and accessible way. Even though a decade has passed since the most systemic financial crisis in the last 70 years and eight years have elapsed since a major shift in regulatory design, the world is still grappling with the aftermath. In addition, technology innovations, including Bitcoin and other cryptocurrencies, market forces and a changing political environment all have combined to reframe and reorient public debate over financial regulation. The book has kept up to date with all of these changes. The book analyzes and compares the market and regulatory architecture of the entire U.S. financial sector as it exists today, from banks, insurance companies, and broker-dealers, to asset managers, complex financial conglomerates, and government-sponsored enterprises. The book explores a range of financial activities, from consumer finance and investment to payment systems, securitization, short-term wholesale funding, money markets, and derivatives. The book examines a range of regulatory techniques, including supervision, enforcement, and rule-writing, as well as crisis-fighting tools such as resolution and the lender of last resort. Throughout the book, the authors note the cross-border implications of U.S. rules, and compare, where appropriate, the U.S. financial regulatory framework and policy choices to those in other places around the globe, especially the European Union.

Property Law

Ownership, Use, and Conservation : Cases and Materials

Author: Paul Goldstein,Barton H. Thompson

Publisher: Foundation Press

ISBN: 9781599411415

Category: Law

Page: 1223

View: 5371

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"Property lawyers are increasingly engaged in environmental issues, whether it be the increased interest in conservation easements, national regulation of land use through such statutes as the Endangered Species Act and the Clean Water Act, problems of hazardous waste cleanup, pressures to open private land to public use, or dozens of other environmental additions to traditional property law. This new casebook is the first to provide significant materials on emerging and important environmental issues in the property field. It provides an in-depth treatment of traditional property doctrines, while providing cutting-edge coverage of these emerging environmental questions."--Publisher's website.