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Andrew F. Popper, Patricia E. Salkin, and David Avitabile
The Companion to Bordering on Madness: An American Land Use Tale, Second Edition expands the issues raised in the novel using cases, scholarship and case studies. The text serves as a foundation to understand select doctrine, theory and strategy applicable to conflicts between developers and those who oppose development. Land use is an area in which law and government become personal, direct, immediate, and, quite literally, tangible. Land use cases set the parameters for the structures in which we live, the vistas (or lack thereof) we experience quite literally, the sights, sounds and air that surround us. The mission of this text is to provide a window into this dynamic field.
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Robert Tsai
This provocative book presents a theory of the First Amendment’s development. During the twentieth century, Americans gained trust in its commitments, turned the First Amendment into an instrument for social progress, and exercised their rhetorical freedom to create a common language of rights.
Robert L. Tsai explains that the guarantees of the First Amendment have become part of a governing culture and nationwide priority. Examining the rhetorical tactics of activists, presidents, and lawyers, he illustrates how committed citizens seek to promote or destabilize a convergence in constitutional ideas. Eloquence and Reason reveals the social and institutional processes through which foundational ideas are generated and defends a cultural role for the courts.
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Angela Davis and Michael Tigar
This book tells the stories of nine iconic trials. The themes of these cases include treason, racial justice, the death penalty, fraud, personal rights, women’s rights, product safety, and corporate misdeeds. The chapters show lawyers at work, creating a relationship with a litigant seeking justice, and then taking that claim into the courtroom. These chapters are excellent vehicles for teaching all the elements of trial advocacy, including jury selection, opening statement, direct and cross-examination, use of expert testimony, and closing argument. The book shows us that advocacy does make a difference, and that advocacy skills can be taught and learned.
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Paul Williams, Matthew Simpson, and Christina Sheetz
The Public International Law & Policy Group's (PILPG) Peace Agreement Drafting Guide: Darfur is a comprehensive peace agreement drafting handbook tailored to the upcoming Darfur peace negotiations. The drafting guide presents core elements of relevant topics, outlines the Darfur Peace Agreement (DPA) provisions related to those topics, and provides sample language parties may wish to consider when drafting future provisions. The Darfur Peace Agreement is divided into six chapters: Power Sharing, Wealth Sharing, Ceasefire and Final Security Arrangements, Darfur-Darfur Dialogue and Consultation, General Provisions, and Implementation Modalities and Timelines. The Darfur Peace Agreement also includes six annextures detailing previous agreements reached by the parties, including those negotiated in N'JDjamena, Chad; Addis-Ababa, Ethiopia; and Abuja, Nigeria. PILPG's Peace Agreement Drafting Guide: Darfur draws on the subject matter addressed in the DPA chapters and annextures and identifies 24 topics covered by the DPA. Each of the 24 chapters of this drafting guide is dedicated to one of those topics. These topics include power sharing, wealth sharing, human rights protections, ceasefire and disarmament, demobilization, and reintegration, among others. Each chapter is divided into four sections including: an introduction, analysis of the core elements of each topic, a summary of the DPA language related to the topic, and sample language the parties may wish to consider when drafting provisions related to the topic. While the DPA is organized by subject matter, the 24 chapters of the Peace Agreement Drafting Guide: Darfur are organized alphabetically for ease of use. The Core Elements section of each chapter presents comparative state practice regarding the various mechanisms parties may use to address the topic covered in each chapter. The section headings within each core elements chapter correspond to the Sample Language provisions included later in each chapter. For example, the Core Elements section of the Displaced Persons chapter identifies the issues encountered by states with displaced persons and outlines the mechanisms states have used to facilitate the return of displaced persons. The Darfur Peace Agreement section of each chapter then outlines the provisions of the DPA that address the topic covered in each chapter. For example, the Darfur Peace Agreement section of the Displaced Persons chapter outlines how the DPA defines displaced persons, provides guarantees by all parties regarding the return of displaced persons, defines the rights of the displaced persons, and creates implementation and enforcement mechanisms to facilitate the return of displaced persons. Finally, the Sample Language section of each chapter provides language parties may wish to consider when drafting provisions of a peace agreement that address the topic covered in each chapter. This sample language is drawn from related provisions used by other states in peace negotiations, post-conflict constitutions, and various legislation. The Sample Language is organized to correspond to the section headings presented in the Core Elements section. For example, the Sample Language of the Displaced Persons section provides possible definitions of displaced persons, mechanisms states have used to guarantee safety to displaced persons returning to their places of origin, various provisions states have used to grant rights to displaced persons, and institutional mechanisms states have created to enforce the rights of displaced persons. Please see the Table of Contents of the Peace Agreement Drafting Guide: Darfur for a full list of topics covered in this peace agreement drafting handbook.
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Jonathan Baker and M. Howard Morse
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Padideh Ala'i, Tomer Broude, and Colin Picker
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Susan Carle
Legal ethics should be far more than a set of rules on professional responsibility; they can serve as a means for changing power relations, empowering the disenfranchised, and advocating progressive social change. Lawyers’ Ethics and the Pursuit of Social Justice broadens the discussion on legal ethics by first introducing the historical and theoretical background and then connecting it to real world issues while addressing lawyers' ethical obligations to work for social justice.
The reader features differing critical approaches and opens up new avenues of ethical debate. While the literature included is diverse and interdisciplinary, it shares a vision of legal ethical inquiry as a means for changing power relations, empowering the disenfranchised, and advocating progressive social change. Through a combination of provocative selections, lively writing, concrete examples of cases and social movements, and incisive editorial commentary, Lawyers’ Ethics and the Pursuit of Social Justice defines the emergence of an exciting new field of critical legal ethics scholarship. -
Herman Schwartz
Right Wing Justice raises the alarm about the creeping conservative campaign to "pack" America's courts with judges more identified with their ideological affiliation than their skill or regard for the Constitution. The consequence is that the rule of law is taking a terrific beating from the Supreme Court. Who can forget the debacle of Election 2000? But the consequences of the campaign go far deeper than that, impinging on the daily lives of ordinary Americans who are at the receiving end of attempts to overturn or erode Supreme Court rulings on abortion, school prayer, civil rights, criminal justice, and economic regulation. As the author shows, the problem does not end at the Supreme Court—it filters down to the lowers courts and circuits. Right Wing Justice gives an alarming account of how this has come to pass over the last two decades, how conservative activists hatched this strategy in the 1960s only to see it really come of age during the Reagan revolution and the successive Republican administrations. Combining a scholar's sense of history with the immediacy of eyewitness testimony, Right Wing Justice will come not only as a sobering reading to many concerned Americans—but also as a call to wake-up.
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Jamin B. Raskin
The Supreme Court has recently issued decisions announcing that citizens have neither a constitutional right to vote, nor the right to an education. Conservative judges have continually disavowed claims to any rights not specifically mentioned in the Constitution. In "Overruling Democracy, " celebrated law professor Jamin B. Raskin, argues that we need to develop a whole new set of rights, through amendments or court decisions, that revitalize and protect the democracy of everyday life. Detailing specific cases through interesting narratives, "Overruling Democracy" describes the transgressions of the Supreme Court against the Constitution and the people - and the faulty reasoning behind them -- and lays out the plan for the best way to back a more democratic system.
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Herman Schwartz
"In the former Eastern Bloc countries, one of the most difficult and important aspects of the transition to democracy has been the establishment of constitutional justice and the rule of law." Herman Schwartz's wide-ranging book, backed with rich historical detail and a massive array of research, is the first to chronicle and analyze the rise and troubles of constitutional courts in this changing region.
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Herman Schwartz
For nearly all his tenure as Chief Justice of the Supreme Court, William Rehnquist has enjoyed the support of a slim but usually solid majority of his fellow justices. With it he has been able to effect a dramatic shift to the right in many vital areas of constitutional law. Displaying a judicial activism not seen since the 1930s, Rehnquist and his allies, in a series of 5-4 decisions, have undermined civil rights and weakened the federal government's ability to respond to pressing social needs.
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Paul Williams and Norman L. Cigar
The trial of Slobodan Milosevic represents a singular moment in modern history. For the first time a former head of state must answer charges before an International Tribunal for the commission of war crimes.
Taking as its starting point the existing canon of international law and conventions governing actions during war, Indictment at the Hague, represents the most detailed examination of the conduct of the Serbian authorities and the individual responsibility of senior members of its leadership for war crimes.
Citing the precedent of the Nuremberg trials, Cigar and Williams carefully link conscious decisions and specific deeds undertaken by the Milosevic regime that violated the protections guaranteed to civilian populations in war. The volume reproduces a collection of key documents from the Hague Tribunal, U.N. Commissions, and Human Rights Organizations which appear in print together for the first time. Indictment at the Hague is essential for all those concerned with the difficult task of sustaining the Geneva and Hague Conventions, and those who wish to understand how in the era of "never again" the crimes of war continue to challenge the instruments of international law.
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Paul Williams and Michael P. Scharf
Resolving the Yugoslav conflict was the last great foreign policy challenge of the twentieth century. Never before in history was so much emphasis placed on the need to employ the concept of justice in the peace process or was so much energy devoted to creating and utilizing international justice-based institutions. In this provocative and insightful book, two former State Department lawyers, Paul R. Williams and Michael P. Scharf, undertake to tell the true story, 'warts and all,' of the role of justice in building peace in the former Yugoslavia. During the Yugoslav conflict, Serb leader Slobodan Milosevic was transformed from a key partner in peace to an indicted war criminal, who now sits in a 10 x 17 foot cell at the International Criminal Tribunal in The Hague. But the road from accommodation to accountability in the Balkans was anything but smooth. Based on their personal experience, extensive research, and interviews with key players in the Yugoslav peace-building process, Williams and Scharf provide a gripping account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. All too often human rights and peace advocates treat justice as a panacea for conflict and atrocities, while self-proclaimed realists and professional diplomats dismiss justice as an impediment to peace. Williams and Scharf demonstrate that the truth lies in between. Their definitive study provides a novel framework for understanding the utility of justice as well as its practical limits as a diplomatic tool so that it can be more effectively applied in resolving future conflicts around the globe.
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Claudio Grossman, Robert K. Goldman, Claudia Martin, and Diego Rodriguez-Pinzon
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Barlow Burke
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Paul Williams
This book takes an interdisciplinary approach to the question of what role international law plays in promoting a resolution of Central and East European transboundary environmental disputes. The author examines a wide variety of environmental disputes in Central and Eastern Europe, with particular emphasis on the Gabcíkovo-Nagymaros Project dispute between Slovakia and Hungary, and melds international legal theory and international relations theory to develop an analytic framework for understanding the role of law and assessing its future application.
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Jonathan Baker, John Meyer, Elizabeth Bailey, Roden Brandt, Darius Gaskins Jr., Jóse Gómez-Ibáñez, Cornish Hitchcock, Alfred Kahn, Randall Malin, Steven Morrison, sherwin rosen, and Thomas Menzies Jr.
TRB Special Report 255 - Entry and Competition in the U.S. Airline Industry: Issues and Opportunities focuses on some well understood and recognized opportunities to encourage airline competition, especially in larger markets.
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Barlow Burke
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Robert Dinerstein, Joan L. Sullivan, Stanley S. Herr, and Joan L. O'Sullivan
This guide discusses a novel approach to the issues of consent and choice experienced by persons with mental retardation. Written byamultidisciplinary group of lawyers, program directors, and educators, the book explores policy, legal, and programmatic implications of topics vital to self-determination.
Contents -Adult guardianship and alternatives -Informed consent for health care -Consent to sexual activity -Consent to residential options -Capacity for and consent to legal representation -Capacity and the courts -Consent to extraordinary interventions -Conclusion
Since 1876, the American Association on Intellectual and Developmental Disabilities (AAIDD) has been providing worldwide leadership in the field of disabilities. AAIDD is the oldest and largest interdisciplinary organization of professionals and citizens concerned about intellectual and developmental disabilities.
Also available:
Cross Cultural Perspectives on Quality of Life - ISBN 0940898705 Mental Retardation: Definition, Classification, and Systems of Supports - ISBN 0940898810
AAIDD publishes books for professionals in developmental disability in the areas of:
-Supported living -Definition of intellectual disability -Disability funding -Positive behavior support -Palliative care -Quality of life -Health
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Corinne Parver
An immensely practical resource, Health Care Fraud and Abuse Compliance Manual provides a comprehensive overview of legislative and regulatory restrictions that affect the way health care providers conduct business and how they structure relationships among themselves. This treatise helps providers determine the boundaries of permissible conduct under the myriad statutes and regulations that relate to health care fraud and abuse at both the federal and state levels.
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Padideh Ala'i
Co-author, Introduction to the U.S. Legal System, translated to Chinese and published by Research Center of the State Council of the People Republic of China (1996).
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Nicholas Kittrie
The Cold War is over and a New World Order is supposed to have begun. Yet the world has perversely avoided the "broad, sunlit uplands of peace" hoped for by Winston Churchill. Ethnic, religious, and civil strife continues to erupt around the world, played out in the mass media with unprecedented immediacy and horror. As fears of global apocalypse fade, the struggle between the forces upholding "authority" and those clamoring for "autonomy" breaks out anew on the national and sub-national stages. Not only the nation and the state, but also the church, the family, the school and the workplace, are reeling under the lash of dissent, opposition, and rebellion--often appearing on the verge of collapse.
In The War Against Authority, his most provocative work to date, eminent political, legal, and historical scholar Nicholas N. Kittrie explores the causes of escalating worldwide racial, cultural, political and social discontent. He goes beyond facile and traditional explanations such as population explosion, environmental abuse, ancient rivalries or the clash of civilizations. Instead, Kittrie points to a long predicted "crisis of legitimacy," a force that erodes the underpinnings of society and public confidence in its institutions.
With dramatic historical sweep and unblinking contemporary focus, Kittrie highlights the quest by those out of power to share in society's benefits, and by rulers to gain and maintain the acquiescence of their underlings. The cast of players in Kittrie'sbook is as diverse as history itself: Socrates and Brutus, Robert E. Lee and John Brown, Martin Luther King and Susan B. Anthony, Vladimir Lenin and Mao-Tsetung, Lee Harvey Oswald and Sirhan Sirhan. Their means and causes are just as varied: abolition and slavery, public order and individual conscience, abortion and the right to life, the bomb and the leaflet, freedom fighting and terrorism, communal conciliation and genocide, fundamentalism and heresy, conformity and civil disobedience, tribalism and multiculturalism.
Kittrie shows how the recent scramble between the Republican "Contract with America" and the Democratic "New Covenant" is simply an attempt to reclaim political legitimacy--different and contrasting efforts to recapture the essence of the "American Dream." The ongoing process to rewrite, in a form acceptable to new generations, this country's "social contract" (modifying and implementing a Constitution signed in Philadelphia over two hundred years ago) is mirrored across the globe. Constitution writing and similar efforts at institution and consensus building are vigorously under way throughout the world, clearly pointing to a need to prop up the legitimacy of authority in this pluralistic post-totalitarian era.
The War Against Authority is not another fin de siecle documentation of chaos and the world's woes. It offers workable solutions, useful methods for governments and individuals to redefine their identities and restore the legitimacy of authority. Kittrie proposes creative, responsive and pluralistic systems of power-sharing and justice. He calls for a new national and worldorder, committed to the richness of human diversity, the power of the person over government, and the ultimate accountability of all power. As Kittrie reiterates: "Perhaps history is nothing more than the struggle between different concepts of authority."
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Jamin B. Raskin and John Bonifaz
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