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Reconsidering Law and Policy Debates

Author: John G. Culhane

Publisher: Cambridge University Press

Published: 2010-11-08

Total Pages: 273

ISBN-13: 1139492322

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This book approaches a variety of social and political issues that have become highly polarized and resistant to compromise by examining them through a population-based public health perspective. The topics included are some of the most contentious: abortion and reproductive rights; end-of-life issues, including the right to die and the treatment of pain; the connection between racism and poor health outcomes for African-Americans; the right of same-sex couples to marry; the toll of gun violence and how to reduce it; domestic violence and how the criminal justice model fails to deal with it effectively; and how tort compensation and punitive damages can further public health goals. People at every point along the political spectrum will find the book enlightening and informative. Written by eight authors, all of whom have cross-disciplinary expertise, this book shifts the focus away from the point of view of rights, politics, or morality and examines the effect of laws and policies from the perspective of public health and welfare.

Book Synopsis Reconsidering Law and Policy Debates by : John G. Culhane

Download or read book Reconsidering Law and Policy Debates written by John G. Culhane and published by Cambridge University Press. This book was released on 2010-11-08 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book approaches a variety of social and political issues that have become highly polarized and resistant to compromise by examining them through a population-based public health perspective. The topics included are some of the most contentious: abortion and reproductive rights; end-of-life issues, including the right to die and the treatment of pain; the connection between racism and poor health outcomes for African-Americans; the right of same-sex couples to marry; the toll of gun violence and how to reduce it; domestic violence and how the criminal justice model fails to deal with it effectively; and how tort compensation and punitive damages can further public health goals. People at every point along the political spectrum will find the book enlightening and informative. Written by eight authors, all of whom have cross-disciplinary expertise, this book shifts the focus away from the point of view of rights, politics, or morality and examines the effect of laws and policies from the perspective of public health and welfare.

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Reconsidering Policy

Author: Crowley, Kate

Publisher: Policy Press

Published: 2021-08-11

Total Pages: 256

ISBN-13: 1447333160

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For nation-states, the contexts for developing and implementing policy have become more complex and demanding. Yet policy studies have not fully responded to the challenges and opportunities represented by these developments. Governance literature has drawn attention to a globalising and network-based policy world, but politics and the role of the state have been de-emphasised. This book addresses this imbalance by reconsidering traditional policy-analytic concepts, and re-developing and extending new ones, in a melded approach defined as systemic institutionalism. This links policy with governance and the state and suggests how real-world issues might be substantively addressed.

Book Synopsis Reconsidering Policy by : Crowley, Kate

Download or read book Reconsidering Policy written by Crowley, Kate and published by Policy Press. This book was released on 2021-08-11 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: For nation-states, the contexts for developing and implementing policy have become more complex and demanding. Yet policy studies have not fully responded to the challenges and opportunities represented by these developments. Governance literature has drawn attention to a globalising and network-based policy world, but politics and the role of the state have been de-emphasised. This book addresses this imbalance by reconsidering traditional policy-analytic concepts, and re-developing and extending new ones, in a melded approach defined as systemic institutionalism. This links policy with governance and the state and suggests how real-world issues might be substantively addressed.

Legitimacy, Legal Development and Change

Author: Dr David K Linnan

Publisher: Ashgate Publishing, Ltd.

Published: 2013-02-28

Total Pages: 881

ISBN-13: 1409498018

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This book addresses critical questions about how legal development works in practice and is a timely reference for practitioners of institutional reform, providing a thought-provoking interdisciplinary collection of essays in an area of renewed scholarly interest. The contributors are a distinguished, international group of scholars and practitioners of law, development, social sciences and religion, with extensive experience in the developing world.

Book Synopsis Legitimacy, Legal Development and Change by : Dr David K Linnan

Download or read book Legitimacy, Legal Development and Change written by Dr David K Linnan and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses critical questions about how legal development works in practice and is a timely reference for practitioners of institutional reform, providing a thought-provoking interdisciplinary collection of essays in an area of renewed scholarly interest. The contributors are a distinguished, international group of scholars and practitioners of law, development, social sciences and religion, with extensive experience in the developing world.

Reconsidering Reparations

Author: Olúfhemi O. Táíwò

Publisher: Oxford University Press

Published: 2022

Total Pages: 281

ISBN-13: 0197508898

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"Christopher Columbus' voyage changed the world forever because the era of racial slavery and colonialism that it started built the world in the first place. The irreversible environmental damage of history's first planet-sized political and economic system is responsible for our present climate crisis. Reparations calls for us to make the world over again: this time, justly. The project of reparations and racial justice in the 21st century must take climate justice head on. The book develops arguments about the role of racial capitalism in global politics, addresses other views of reparations, and summarizes perspectives on environmental racism"--

Book Synopsis Reconsidering Reparations by : Olúfhemi O. Táíwò

Download or read book Reconsidering Reparations written by Olúfhemi O. Táíwò and published by Oxford University Press. This book was released on 2022 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Christopher Columbus' voyage changed the world forever because the era of racial slavery and colonialism that it started built the world in the first place. The irreversible environmental damage of history's first planet-sized political and economic system is responsible for our present climate crisis. Reparations calls for us to make the world over again: this time, justly. The project of reparations and racial justice in the 21st century must take climate justice head on. The book develops arguments about the role of racial capitalism in global politics, addresses other views of reparations, and summarizes perspectives on environmental racism"--

Planning By Law and Property Rights Reconsidered

Author: Barrie Needham

Publisher: Routledge

Published: 2016-04-22

Total Pages: 270

ISBN-13: 131708019X

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Countries which take spatial planning seriously should take planning law and property rights also seriously. There is an unavoidable logical relationship between planning, law, and property rights. However, planning by law and property rights is so familiar and taken for granted that we do not think about the theory behind it. As a result, we do not think abstractly about its strengths and weaknesses, about what can be achieved with it and what not, how it can be improved, how it could be complemented. Such reflections are essential to cope with current and future challenges to spatial planning. This book makes the (often implicit) theory behind planning by law and property rights explicit and relates it to those challenges. It starts by setting out what is understood by planning by law and property rights, and investigates - theoretically and by game simulation - the relationships between planning law and property rights. It then places planning law and property rights within their institutional setting at three different scales: when a country undergoes enormous social and political change, when there is fundamental political debate about the power of the state within a country, and when a country changes its legislation in response to European policy. Not only changing institutions, but also global environmental change, pose huge challenges for spatial planning. The book discusses how planning by law and property rights can respond to those challenges: by adaptive planning), by adaptable property rights, and by public policies at the appropriate geographical level. Planning by law and property rights can fix a local regime of property rights which turns out to be inappropriate but difficult to change. It questions whether such regimes can be changed and whether planning agencies can make such undesirable lock-ins less likely by reducing market uncertainty and, if so, by what means.

Book Synopsis Planning By Law and Property Rights Reconsidered by : Barrie Needham

Download or read book Planning By Law and Property Rights Reconsidered written by Barrie Needham and published by Routledge. This book was released on 2016-04-22 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries which take spatial planning seriously should take planning law and property rights also seriously. There is an unavoidable logical relationship between planning, law, and property rights. However, planning by law and property rights is so familiar and taken for granted that we do not think about the theory behind it. As a result, we do not think abstractly about its strengths and weaknesses, about what can be achieved with it and what not, how it can be improved, how it could be complemented. Such reflections are essential to cope with current and future challenges to spatial planning. This book makes the (often implicit) theory behind planning by law and property rights explicit and relates it to those challenges. It starts by setting out what is understood by planning by law and property rights, and investigates - theoretically and by game simulation - the relationships between planning law and property rights. It then places planning law and property rights within their institutional setting at three different scales: when a country undergoes enormous social and political change, when there is fundamental political debate about the power of the state within a country, and when a country changes its legislation in response to European policy. Not only changing institutions, but also global environmental change, pose huge challenges for spatial planning. The book discusses how planning by law and property rights can respond to those challenges: by adaptive planning), by adaptable property rights, and by public policies at the appropriate geographical level. Planning by law and property rights can fix a local regime of property rights which turns out to be inappropriate but difficult to change. It questions whether such regimes can be changed and whether planning agencies can make such undesirable lock-ins less likely by reducing market uncertainty and, if so, by what means.

Rethinking the Law of Armed Conflict in an Age of Terrorism

Author: Christopher A. Ford

Publisher: Lexington Books

Published: 2012

Total Pages: 357

ISBN-13: 0739166530

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Ten years after the terrorist attacks of September 11, 2011, Rethinking the Law of Armed Conflict in an Age of Terrorism, edited by Christopher Ford and Amichai Cohen, brings together a range of interdisciplinary experts to examine the problematic encounter between international law and challenges presented by conflicts between developed states and non-state actors, such as international terrorist groups. Through examinations of the counter-terrorist experiences of the United States, Israel, and Colombia--coupled with legal and historical analyses of trends in international humanitarian law--the authors place post-9/11 practice in the context of the international legal community's broader struggle over the substantive content of international rules constraining state behavior in irregular wars and explore trends in the development of these rules. From the beginning of international efforts to rewrite the laws of armed conflict in the 1970s, the legal rules to govern irregular conflicts of the "state-on-nonstate" variety have been contested terrain. Particularly in the wake of the 9/11 attacks, policymakers, lawyers, and scholars have debated the merits, relevance, and applicability of what are said to be competing "war" and "law enforcement" paradigms of legal constraint--and even the degree to which international law can be said to apply to counter-terrorist conflicts at all. Ford & Cohen's volume puts such debates in historical and analytical context, and offers readers an insight into where the law has been headed in the fraught years since September 2001. The contributors provide the reader with differing perspectives upon these questions, but together their analyses make clear that law-governed restraint remains a cardinal value in counter-terrorist war, even as the law stands revealed as being much more contested and indeterminate than many accounts would have it. Rethinking the Law of Armed Conflict in an Age of Terrorism provides an important conceptual framework through which to view the development of the law as the policy and legal communities move into the second decade of the "global war on terrorism."

Book Synopsis Rethinking the Law of Armed Conflict in an Age of Terrorism by : Christopher A. Ford

Download or read book Rethinking the Law of Armed Conflict in an Age of Terrorism written by Christopher A. Ford and published by Lexington Books. This book was released on 2012 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten years after the terrorist attacks of September 11, 2011, Rethinking the Law of Armed Conflict in an Age of Terrorism, edited by Christopher Ford and Amichai Cohen, brings together a range of interdisciplinary experts to examine the problematic encounter between international law and challenges presented by conflicts between developed states and non-state actors, such as international terrorist groups. Through examinations of the counter-terrorist experiences of the United States, Israel, and Colombia--coupled with legal and historical analyses of trends in international humanitarian law--the authors place post-9/11 practice in the context of the international legal community's broader struggle over the substantive content of international rules constraining state behavior in irregular wars and explore trends in the development of these rules. From the beginning of international efforts to rewrite the laws of armed conflict in the 1970s, the legal rules to govern irregular conflicts of the "state-on-nonstate" variety have been contested terrain. Particularly in the wake of the 9/11 attacks, policymakers, lawyers, and scholars have debated the merits, relevance, and applicability of what are said to be competing "war" and "law enforcement" paradigms of legal constraint--and even the degree to which international law can be said to apply to counter-terrorist conflicts at all. Ford & Cohen's volume puts such debates in historical and analytical context, and offers readers an insight into where the law has been headed in the fraught years since September 2001. The contributors provide the reader with differing perspectives upon these questions, but together their analyses make clear that law-governed restraint remains a cardinal value in counter-terrorist war, even as the law stands revealed as being much more contested and indeterminate than many accounts would have it. Rethinking the Law of Armed Conflict in an Age of Terrorism provides an important conceptual framework through which to view the development of the law as the policy and legal communities move into the second decade of the "global war on terrorism."

Environmental Governance Reconsidered, second edition

Author: Robert F. Durant

Publisher: MIT Press

Published: 2017-06-30

Total Pages: 545

ISBN-13: 0262533316

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Key topics in the ongoing evolution of environmental governance, with new and updated material. This survey of current issues and controversies in environmental policy and management is unique in its thematic mix, broad coverage of key debates, and in-depth analysis. The contributing authors, all distinguished scholars or practitioners, offer a comprehensive examination of key topics in the continuing evolution of environmental governance, with perspectives from public policy, public administration, political science, international relations, sustainability theory, environmental economics, risk analysis, and democratic theory. The second edition of this popular reader has been thoroughly revised, with updated coverage and new topics. The emphasis has shifted from sustainability to include sustainable cities, from domestic civic environmentalism to global civil society, and from global interdependence to the evolution of institutions of global environmental governance. A general focus on devolution of authority in the United States has been sharpened to address the specifics of contested federalism and fracking, and the treatment of flexibility now explores the specifics of regulatory innovation and change. New chapters join original topics such as environmental justice and collaboration and conflict resolution to address highly salient and timely topics: energy security; risk assessment, communication, and technology innovation; regulation-by-revelation; and retrospective regulatory analysis. The topics are organized and integrated by the book's “3R” framework: reconceptualizing governance to reflect ecological risks and interdependencies better, reconnecting with stakeholders, and reframing administrative rationality. Extensive cross-references pull the chapters together. A broad reference list enables readers to pursue topics further. Contributors Regina S. Axelrod, Robert F. Durant, Kirk Emerson, Daniel J. Fiorino, Anne J. Kantel, David M. Konisky, Michael E. Kraft, Jennifer Kuzma, Richard Morgenstern, Tina Nabatchi, Rosemary O'Leary, Barry Rabe, Walter A. Rosenbaum, Stacy D. VanDeveer, Paul Wapner

Book Synopsis Environmental Governance Reconsidered, second edition by : Robert F. Durant

Download or read book Environmental Governance Reconsidered, second edition written by Robert F. Durant and published by MIT Press. This book was released on 2017-06-30 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Key topics in the ongoing evolution of environmental governance, with new and updated material. This survey of current issues and controversies in environmental policy and management is unique in its thematic mix, broad coverage of key debates, and in-depth analysis. The contributing authors, all distinguished scholars or practitioners, offer a comprehensive examination of key topics in the continuing evolution of environmental governance, with perspectives from public policy, public administration, political science, international relations, sustainability theory, environmental economics, risk analysis, and democratic theory. The second edition of this popular reader has been thoroughly revised, with updated coverage and new topics. The emphasis has shifted from sustainability to include sustainable cities, from domestic civic environmentalism to global civil society, and from global interdependence to the evolution of institutions of global environmental governance. A general focus on devolution of authority in the United States has been sharpened to address the specifics of contested federalism and fracking, and the treatment of flexibility now explores the specifics of regulatory innovation and change. New chapters join original topics such as environmental justice and collaboration and conflict resolution to address highly salient and timely topics: energy security; risk assessment, communication, and technology innovation; regulation-by-revelation; and retrospective regulatory analysis. The topics are organized and integrated by the book's “3R” framework: reconceptualizing governance to reflect ecological risks and interdependencies better, reconnecting with stakeholders, and reframing administrative rationality. Extensive cross-references pull the chapters together. A broad reference list enables readers to pursue topics further. Contributors Regina S. Axelrod, Robert F. Durant, Kirk Emerson, Daniel J. Fiorino, Anne J. Kantel, David M. Konisky, Michael E. Kraft, Jennifer Kuzma, Richard Morgenstern, Tina Nabatchi, Rosemary O'Leary, Barry Rabe, Walter A. Rosenbaum, Stacy D. VanDeveer, Paul Wapner

Economic Sanctions Reconsidered: History and current policy

Author: Gary Clyde Hufbauer

Publisher: Peterson Institute

Published: 1990

Total Pages: 338

ISBN-13: 9780881321364

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Book Synopsis Economic Sanctions Reconsidered: History and current policy by : Gary Clyde Hufbauer

Download or read book Economic Sanctions Reconsidered: History and current policy written by Gary Clyde Hufbauer and published by Peterson Institute. This book was released on 1990 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reconsidering Constitutional Formation II Decisive Constitutional Normativity

Author: Ulrike Müßig

Publisher:

Published: 2020-10-08

Total Pages: 424

ISBN-13: 9781013269943

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This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically 'higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyès' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the 'constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu) This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.

Book Synopsis Reconsidering Constitutional Formation II Decisive Constitutional Normativity by : Ulrike Müßig

Download or read book Reconsidering Constitutional Formation II Decisive Constitutional Normativity written by Ulrike Müßig and published by . This book was released on 2020-10-08 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically 'higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyès' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the 'constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu) This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.