-
Can Laws and Rights Teach? John Witte and the Uses of the Law
Rafael Domingo, Gary S. Hauk, Timothy P. Jackson, Patrick McKinley Brennan, and William S. Brewbaker III
Across four decades, John Witte, Jr. has advanced the study of law and religion by retrieving religious sources of law, renewing timeless teachings of religion for today, and reengaging with the difficult issues confronting society. Interdisciplinary, international, and interfaith in scope, Witte’s work has generated an enormous body of scholarship. This collection of essays by leading scholars examines his impact and maps new directions for future exploration.
-
Religious Liberty in the Thirteenth Colony
Rafael Domingo, Gary S. Hauk, Timothy P. Jackson, and Joel A. Nichols
Across four decades, John Witte, Jr. has advanced the study of law and religion by retrieving religious sources of law, renewing timeless teachings of religion for today, and reengaging with the difficult issues confronting society. Interdisciplinary, international, and interfaith in scope, Witte’s work has generated an enormous body of scholarship. This collection of essays by leading scholars examines his impact and maps new directions for future exploration.
-
Trial by Fire: Lessons Learned from Teaching Race and Evidence in a Hostile Environment
Nicole P. Dyszlewski, Raquel J. Gabriel, Suzanne Harrington-Steppen, Anna Russell, Genevieve B. Tung, and Montre' D. Carodine
This companion volume to Integrating Doctrine and Diversity: Inclusion and Equity in the Law School Classroom features new essays, case studies, and bibliographies for law faculty seeking to bring critical perspectives on equity, inclusion, and social justice into their teaching in upper-level courses. Chapters focus on subjects traditionally tested on the bar exam, including evidence, criminal procedure, and family law, as well as professional responsibility.
Additionally, this volume includes guidance for teaching a range of other advanced law school topics and can be used in experiential courses, including advanced legal writing, legal research, counseling, and negotiations. It also features guidance and reflections from faculty who have created new courses specifically focused on race and social justice in the legal system. With submissions from over 40 authors, the collection is intended to spur valuable conversations within the classroom and across the legal academy.
-
Hand a Relatively Free Hand: Data Privacy in the U.S. and the Unfortunate, but Lawful, Commodification of the Person
Matthias C. Kettemann, Alexander Peukert, Indra Spiecker gen. Dohmann, and Ronald J. Krotoszynski Jr.
The Internet is not an unchartered territory. On the Internet, norms matter. They interact, regulate, are contested and legitimated by multiple actors. But are they diverse and unstructured, or are they part of a recognizable order? And if the latter, what does this order look like?
This collected volume explores these key questions while providing new perspectives on the role of law in times of digitality. The book compares six different areas of law that have been particularly exposed to global digitality, namely laws regulating consumer contracts, data protection, the media, financial markets, criminal activity and intellectual property law. By comparing how these very different areas of law have evolved with regard to cross-border online situations, the book considers whether cyberlaw is little more than "the law of the horse", or whether the law of global digitality is indeed special and, if so, what its characteristics across various areas of law are. The book brings together legal academics with expertise in how law has both reacted to and shaped cross-border, global Internet communication and their contributions consider whether it is possible to identify a particular mediality of law in the digital age.
Examining whether a global law of digitality has truly emerged, this book will appeal to academics, students and practitioners of law examining the future of the law of digitality as it intersects with traditional categories of law.
-
Whalen v Roe (1977)
Paul Wragg, Peter Coe, and Ronald J. Krotoszynski Jr.
This new addition to Hart's acclaimed Landmark Cases series is a diverse and engaging edited collection bringing together eminent commentators from the United Kingdom, the United States, Australia, Canada, and New Zealand, to analyse cases of enduring significance to privacy law.
The book tackles the conceptual nature of privacy in its various guises, from data protection, to misuse of private information, and intrusion into seclusion. It explores the practical issues arising from questions about the threshold of actionability, the function of remedies, and the nature of damages.
The cases selected are predominantly English but include cases from the United States (because of the formative influence of United States' privacy jurisprudence on the development of privacy law), Australia, Canada, the Court of Justice of the European Union, and the European Court of Human Rights. Each chapter considers the reception and application (and, in some instances, rejection) outside of the jurisdiction where the case was decided. -
Civil Procedure: The Institutional Pragmatist
Ryan Vacca, Ann Bartow, Elizabeth G. Porter, and Heather Elliott
Provides a sweeping overview of Justice Ginsburg’s jurisprudence
The passing of Justice Ruth Bader Ginsburg in September of 2020 marked a grim day for women and the broader progressive legal community. In her twenty-seven years on the Supreme Court and thirteen years on the Court of Appeals, she was most known for her trailblazing work on gender equality; however, she also influenced the direction of a multitude of legal subject areas during her long tenure. The Jurisprudential Legacy of Justice Ruth Bader Ginsburg is a critical examination of Justice Ginsburg’s remarkable career, with a focus on the common themes and approaches underscoring her many rulings.
In this edited volume, Ryan Vacca and Ann Bartow bring together leading scholars of American law to analyze Justice Ginsburg’s voting patterns and written opinions from the perspectives of subject matter experts. Each essay highlights areas of the law in which Justice Ginsburg had an outsized interest or impact. Chapters delve into topics such as gender equality, voting rights, the death penalty, civil and criminal procedure, employment discrimination, freedom of expression, bankruptcy, environmental law, immigration, and taxation. Together, they form a colorful tapestry that illustrates a long and celebrated judicial career, displaying Ginsburg’s immense influence on areas of the law well beyond women’s rights.
The Jurisprudential Legacy of Justice Ruth Bader Ginsburg shares profound insights into its subject’s unique legal philosophy, and reminds us what we had and whom we lost with her passing. -
Augustinian Property
Robert Cochran Jr., Michael Moreland, and William S. Brewbaker III
This volume examines the relationship between Christian legal theory and the fields of private law.
Recent years have seen a resurgence of interest in private law theory, and this book contributes to that discussion by drawing on the historical, theological, and philosophical resources of the Christian tradition. The book begins with an introduction from the editors that lays out the understanding of "private law" and what distinguishes private law topics from other fields of law. This section includes two survey chapters on natural law and biblical sources. The remaining sections of the book move sequentially through the fields of property, contracts, and torts. Several chapters focus on historical sources and show the ways in which the evolution of legal doctrine in areas of private law has been heavily influenced by Christian thinkers. Other chapters draw out more contemporary and public policy-related implications for private law.
While this book is focused on the relationship of Christianity to private law, it will be of broad interest to those who might not share that faith perspective. In particular, legal historians and philosophers of law will find much of interest in the original scholarship in this volume. The book will be attractive to teachers of law, political science, and theology. It will be of special interest to the many law faculty in property, contracts, and torts, as it provides a set of often overlooked historical and theoretical perspectives on these fields.
-
Strategic trade controls
Eric P.J. Myjer, Thilo Marauhn, and Daniel H. Joyner
This Research Handbook provides a broad yet detailed treatment of international arms control law. It takes stock of existing arms control agreements, addresses current challenges and aims to indicate avenues for the future development of this distinct branch of public international law.
Split across nine thematic parts, this comprehensive Handbook goes beyond the pure encyclopaedic approach by providing analytical and doctrinal guidance. Chapters provide extensive analysis of international arms control law, addressing both conventional weapons and new technologies, contextualising arms control law and politics through identifying actors, forums and regulatory approaches. The impressive list of contributors also explore geographical zones of arms control including Africa, Asia, Europe and Latin America.
Investigating both complex theoretical and recent practical approaches into arms control law, this Research Handbook will be an ideal read for interested students and academics as well as practitioners involved in conflict, security and international law. -
Malpractice
Amirala S. Pasha and Benjamin McMichael
This book provides an overview of the US laws that affect clinical practice for healthcare professionals with no legal background.
Divided into thirteen sections, each chapter starts with a summary of the chapter’s content and relevant legal concepts in bullet points before discussing the topics in detail. An application section is provided in many chapters to clarify essential issues by reflecting on clinically relevant case law or clinical vignette(s).
Filling a crucial gap in the literature, this comprehensive guide gives healthcare professionals an understanding or a starting point to legal aspects of healthcare.
-
Competition Law as Collective Bargaining Law
Sanjukta Paul, Shae McCrystal, Ewan McGaughey, Nathan Tankus, and Luke Herrine
As scholars and policymakers around the world seek a systematic approach to the question of 'gig work,' one of its regulatory dimensions – the intersection of labor and competition law – points toward a deeper reconceptualization of the conventional legal and economic categories typically brought to bear upon it. A comparative approach to the question of gig work further reveals the variety and contingency of background assumptions that are often overlooked in the context of domestic policy debates. By combining a detailed comparative doctrinal survey of the regulation of non-employee workers in domestic competition law systems with a set of essays reframing the underlying questions raised – in terms of international legal frameworks, freedom of association norms, alternative approaches to law and economics, and more – The Cambridge Handbook of Labor in Competition Law moves the debates over the fissured workplace and the labor – competition law intersection forward in novel ways.
-
The Economic Context of Nursing Practice in the U.S.
KT Waxman, Mary Lynne Knighten, Benjamin McMichael, and Joanne Spetz
This award-winning resource is the only text to focus on the financial and business skills needed by students in DNP programs. The third edition, updated to reflect key changes in our healthcare system and in nursing competencies, includes three new chapters addressing Big Data, Population Health, and Financial Management in Times of Uncertainty. It examines the impact of COVID on our healthcare system as it relates to nursing competencies, provides expansive coverage of clinical environments beyond acute care, and presents five comprehensive new case studies emphasizing the financial aspects of DNP roles and the DNP Project.
Clear and well-organized, the third edition emphasizes critical skills that nurse leaders need to participate in strategic health care planning. It addresses recent changes to reimbursement and health care regulations. The third edition offers updated information on ambulatory care, cost and ratio analysis, new examples of financial statements, and a new business plan. Enhanced teaching strategies include real-life case studies, challenging critical thinking questions, learning games, key terms, and an extensive glossary. New PowerPoint slides add to the text's value as a vital teaching tool.
-
Judge Frank M. Johnson Jr. and His Extended Law Clerk Family: Reminiscences on Working for a Living Profile in Courage
Todd C. Peppers and Ronald J. Krotoszynski Jr.
In his earlier books, In Chambers and Of Courtiers and Kings, Todd C. Peppers provided an insider’s view of the Supreme Court from the perspective of the clerks who worked closely with some of its most important justices. With Of Courtiers and Princes, he concludes the trilogy by examining the understudied yet equally fascinating role of lower court clerks—encompassing pioneering women and minorities.
Drawing on contributions from former law clerks and judicial scholars—including an essay by Ruth Bader Ginsburg—the book provides an inside look at the professional and personal bonds that form between lower court judges and their clerks. While the individual essays often focus on a single judge and his or her corps of law clerks, including their selection process, contributions, and even influence, the book as a whole provides a macro-level view of the law clerk’s role in the rapidly changing world of lower federal and state courts, thereby offering an unusual yet crucial perspective on the inner workings of our judicial system.
-
Blake v. Stradford, 725 N.Y.S.2d 189 (Dist. Ct. 2001)
Eloisa C. Rodriguez-Dod, Elena Maria Marty-Nelson, Andrea B. Carroll, and Meredith Render
How could feminist perspectives and methods change the shape of property law? This volume assembles a group of diverse scholars to explore this question by presenting fundamental property law cases rewritten from a feminist perspective. The cases cover a broad range of property law topics, from landlord-tenant rights and obligations, patents, and zoning to publicity rights, land titles, concurrent ownership, and takings. These rewritten opinions and their accompanying commentaries demonstrate how incorporating feminist theories and methods could have made property law more just and equitable for women and marginalized groups. The book also shows how property law is not neutral but is shaped by the society that produces it and the judges who apply it.
-
Fame, Infamy, and Canonicity in American Constitutional Law
Austin Sarat, Lawrence Douglas, Martha M. Umphrey, and Paul Horwitz
An analysis of how problematic laws ought to be framed and considered
From the murder of George Floyd to the systematic dismantling of voting rights, our laws and their implementation are actively shaping the course of our nation. But however abhorrent a legal decision might be—whether Dred Scott v. Sanford or Plessy v. Ferguson—the stories we tell of the law’s failures refer to their injustice and rarely label them in the language of infamy. Yet in many instances, infamy is part of the story law tells about citizens’ conduct. Such stories of individual infamy work on both the social and legal level to stigmatize and ostracize people, to mark them as unredeemably other.
Law’s Infamy seeks to alter that course by making legal actions and decisions the subject of an inquiry about infamy. Taken together, the essays demonstrate how legal institutions themselves engage in infamous actions and urge that scholars and activists label them as such, highlighting the damage done when law itself acts infamously and focus of infamous decisions that are worthy of repudiation. Law's Infamy asks when and why the word infamy should be used to characterize legal decisions or actions. This is a much-needed addition to the broader conversation and questions surrounding law’s complicity in evil. -
Big Data and the electoral process in the United States: Constitutional constraint and limited data privacy regulations
Normann Witzleb, Moira Paterson, Janice Richardson, and Ronald J. Krotoszynski Jr.
In this multidisciplinary book, experts from around the globe examine how data-driven political campaigning works, what challenges it poses for personal privacy and democracy, and how emerging practices should be regulated.
The rise of big data analytics in the political process has triggered official investigations in many countries around the world, and become the subject of broad and intense debate. Political parties increasingly rely on data analytics to profile the electorate and to target specific voter groups with individualised messages based on their demographic attributes. Political micro-targeting has become a major factor in modern campaigning, because of its potential to influence opinions, to mobilise supporters and to get out votes. The book explores the legal, philosophical and political dimensions of big data analytics in the electoral process. It demonstrates that the unregulated use of big personal data for political purposes not only infringes voters’ privacy rights, but also has the potential to jeopardise the future of the democratic process, and proposes reforms to address the key regulatory and ethical questions arising from the mining, use and storage of massive amounts of voter data.
Providing an interdisciplinary assessment of the use and regulation of big data in the political process, this book will appeal to scholars from law, political science, political philosophy and media studies, policy makers and anyone who cares about democracy in the age of data-driven political campaigning.
-
Privacy, remedies and comity: The emerging problem of global injunctions and some preliminary thoughts on how best to address it
András Koltay, Pázmány Péter, Paul Wragg, and Ronald J. Krotoszynski Jr.
Providing comparative analysis that examines both Western and non-Western legal systems, this wide-ranging Handbook expands and enriches the existing privacy and defamation law literature and addresses the fundamental issues facing today’s scholars and practitioners. Comparative Privacy and Defamation provides insightful commentary on issues of theory and doctrine, including the challenges of General Data Protection Regulations (GDPR) and the impact of new technologies on the law.
-
Judicial Reasoning and New Technologies: Framing, Newness, Fundamental Rights and the Internet
Oreste Pollicino, Graziella Romeo, András Sajó, and Clare Ryan
This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation.
The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.
-
"The Devil Is in the Details": On the Central Importance of Distinguishing the Truly Public from the Truly Private in Reconciling Equality and Religious Liberty
William N. Eskridge Jr., Robin Fretwell Wilson, and Ronald J. Krotoszynski Jr.
The rights of lesbian, gay, bisexual, and transgender persons (LGBT) are strongly contested by certain faith communities, and this confrontation has become increasingly pronounced following the adjudication of a number of legal cases. As the strident arguments of both sides enter a heated political arena, it brings forward the deeply contested question of whether there is any possibility of both communities' contested positions being reconciled under the same law. This volume assembles impactful voices from the faith, LGBT advocacy, legal, and academic communities - from the Human Rights Campaign and ACLU to the National Association of Evangelicals and Catholic and LDS churches. The contributors offer a 360-degree view of culture-war conflicts around faith and sexuality - from Obergefell to Masterpiece Cakeshop - and explore whether communities with such profound differences in belief are able to reach mutually acceptable solutions in order to both live with integrity.
-
Functionalism
Fathali M. Moghaddam and Ronald J. Krotoszynski Jr.
The SAGE Encyclopedia of Political Behavior explores the intersection of psychology, political science, sociology, communications, and human behavior to better understand why and how people interact with political processes. Bringing together scholars from around the world, the encyclopedia integrates theories, research, and case studies from a variety of disciplines to help readers better understand the complexities of political behavior. Contributors analyze the forces that shape the behavior of individuals, groups, and social movements and how that behavior impacts political outcomes and public policy debates.
-
UN counter-proliferation sanctions and international law
Larissa van den Herik and Daniel H. Joyner
Since the end of the Cold War we have witnessed an unprecedented intensification of the use of sanctions by the UN Security Council. This study of the current practice of UN sanctions in international law includes the different types of UN sanctions regimes, notably counter-terrorism regimes, counter-proliferation regimes and conflict-resolution regimes. It covers their interrelationship with other regimes and substantive areas of law, as well as issues arising from their implementation and application at the domestic level.
-
Of Mirrors and Media: The Blogger as Public Intellectual
Michael C. Desch and Paul Horwitz
What is a public intellectual? Where are they to be found? What accounts for the lament today that public intellectuals are either few in number or, worse, irrelevant? While there is a small literature on the role of public intellectuals, it is organized around various thinkers rather than focusing on different countries or the unique opportunities and challenges inherent in varied disciplines or professions. In Public Intellectuals in the Global Arena, Michael C. Desch has gathered a group of contributors to offer a timely and far-reaching reassessment of the role of public intellectuals in a variety of Western and non-Western settings. The contributors delineate the centrality of historical consciousness, philosophical self-understanding, and ethical imperatives for any intelligentsia who presume to speak the truth to power. The first section provides in-depth studies of the role of public intellectuals in a variety of countries or regions, including the United States, Latin America, China, and the Islamic world. The essays in the second section take up the question of why public intellectuals vary so widely across different disciplines. These chapters chronicle changes in the disciplines of philosophy and economics, changes that "have combined to dethrone the former and elevate the latter as the preeminent homes of public intellectuals in the academy." Also included are chapters that consider the evolving roles of the natural scientist, the former diplomat, and the blogger as public intellectuals. The final section provides concluding perspectives about the duties of public intellectuals in the twenty-first century.
-
Israel
Jacob C. Jorgensen, Yonathan Arbel, and Elad Peled
Finding, Freezing and Attaching Assets: A Multi-Jurisdictional Handbook is about how to find out whether a defendant has any assets before initiating costly litigation, arbitration, or insolvency proceedings, and how to freeze such assets with the aim of eventually enforcing a judgment or award. The globalization in trade relations has resulted in a steady increase in cross-border disputes and, due to the ease with which assets can be moved around the world with the help of online banking and fiduciary service providers, parties are increasingly finding themselves suing or being sued outside their home jurisdictions. As a result, there is increased interest among clients with regard to the finding and freezing of assets as the parties involved in commercial disputes these days are doing their best to expatriate assets as well as undermine enforcement.
The purpose of this book is to provide the reader with as much information as possible on asset identification on a jurisdiction-by-jurisdiction basis and also on the client’s decision of whether or not to freeze assets once the assets have been identified.
-
Judicial review of agency statutory interpretations in environmental law
Lee Paddock, Robert L. Glicksman, Nicholas S. Bryner, and Heather Elliott
Environmental issues are at the heart of some of the most complex and consequential decisions that society must face in pursuit of a more sustainable future. They encompass the international, national, and local levels and engage all branches of government. Decision Making in Environmental Law, one of the constituent volumes in the Elgar Encyclopedia of Environmental Law, brings together some of the leading experts in the field and provides a structured overview of the various dimensions of decision making from an environmental law perspective. Topics include: the use of treaties, common law tools, rulemaking, access to information, regulatory structures, market-based and trading mechanisms, monitoring and reporting, voluntary programs and private regulation, environmental impact analysis, public engagement and environmental justice, administrative and judicial review, and the role of environmental courts and tribunals.
-
International Legal Limits on the Ability of States to Lawfully Impose International Economic/Financial Sanctions
Natalino Ronzitti and Daniel H. Joyner
This volume explores sanctions as instruments of coercive diplomacy, delving into theoretical arguments and combining perspectives from international law and international relations scholars and practitioners. Primary questions include the compatibility and legitimacy of sanctions regimes, enforcement measures, including the role of sanctions committees, the practice of circumventing sanctions, and the relation with the ICC proceedings. Legal and institutional aspects of the practice of the European Union are addressed. The extraterritorial effects of national legislation implementing sanctions imposed by individual States are investigated. A focus is on the impact of sanctions on non-State actors. The connections with the protection of human rights and the adverse impact on individual rights are considered. The implementation of sanctions is addressed in view of their legal limitation and the concept of proportionality, their consequences upon existing treaties and contracts, their effectiveness, and their strategic implications.
-
Race Is Evidence: (Mis)Characterizing Blackness in the American Civil Rights Story
Austin Sarat and Montre' D. Carodine
Civil Rights in the American Story charts the ambiguous and contested meanings of civil rights in law and culture and confronts a variety of important questions about race in contemporary America. How important is civil rights in America's story of possibility and change? How has it transformed the very meaning of citizenship and identity in American culture? Why does the subject of race continue to haunt the American imagination and continue to play such a large role in political and legal debates? Do affirmative action and multiculturalism promise a way out of racial polarization, or do they sharpen and deepen it? Are there new and better ways to frame our commitment to equal justice? This book brings together the work of five distinguished scholars to critically assess the place of civil rights in the American story. It offers different ways of talking about civil rights and different frames through which we can address issues of civil rights in the future.
Printing is not supported at the primary Gallery Thumbnail page. Please first navigate to a specific Image before printing.