Recent Acquisitions

This book focuses on the federalization of corporate governance in the United States from both historical and contemporary perspectives. Although the states traditionally have regulated the sphere of corporate governance - encompassing the relations among and between the subject corporation,its directors, it officers, its stockholders, and other stakeholders - federal law today impacts the governance of publicly-traded companies to a greater degree than ever before in U.S. history. This book discusses the evolution and development of corporate governance from a federal law perspective from the commencement of the twentieth century to the present. It examines the tension between state company law and federal law, analyzes the federal historical developments, explains the ramifications of the federal legislation enacted during the past two decades, and recommends corrective measures that should be implemented. The book accordingly provides an original, historical, and contemporary analysis of the federalization of corporate governance - a subject that impacts this country's economic well-being in a very fundamental way.

The Seventh Edition contains developments through August 2016. Coverage includes definition of "security," registration and disclosure obligations under the Securities Act of 1933, exemptions from registration, reporting obligations under the Securities Exchange Act of 1934, the proxy rules, tender offer regulation, and civil liabilities. The book treats broker-dealer regulation, market regulation, and the administrative role of the SEC, as well as proxy rules, insider trading, the Investment Company Act and the Investment Advisers Act. The up-to-date discussion of market regulation includes discussion of the role of FINRA, the successor to the regulatory arms of the New York Stock Exchange and the National Association of Securities Dealers.

This title includes the most recent developments in securities regulation in an accessible format, including the JOBS Act. Authoritative coverage includes the registration process; exemptions; corporate recapitalizations, reorganizations, and mergers; market manipulation; liabilities; Securities Exchange Act of 1934; jurisdictional aspects; broker-dealer regulation and an overview of investment company regulation.

This concise text provides a basic introduction to securities law. The authors define a security, explain how securities are registered under the Securities Act and describe the applicable exemptions. Many other subjects are addressed, including Exchange Act reporting, proxy solicitations and tender offers, insider trading, and international aspects of securities law. The book is completely up-to-date, incorporating all relevant changes from the JOBS and STOCK Acts of 2012.

Published in a comprehensive, one-volume compendium for easy reference and guidance are the three pieces addressing the statutory and contractual underpinnings of the modern trust indenture. They are: The Revised Model Simplified Indenture; The Model Negotiated Covenants and Related Definitions; and, The Annotated Trust Indenture Act.

An inherently interdisciplinary subject, tax avoidance has attracted growing interest of scholars in many fields. No longer limited to law and accounting, research increasingly has been conducted from other perspectives, such as anthropology, business ethics, corporate social responsibility, and economic psychology. Covering global as well as regional issues, this collection addresses the definition, legality, morality, and psychology of tax avoidance. New research challenges from changes in policy and tax law are assessed by a global team of contributors, with the economic impact of the phenomenon a key theme.

Numerous and often complicated issues are involved in estate planning for minor children, including taxation, education funding, insurance, and disability of a minor or a minor's caregiver. Now completely updated, Tax, Estate, and Lifetime Planning for Minors focuses exclusively on the pertinent issues facing adults when planning for younger family members.

Flexible Trusts and Estates for Uncertain Times has been an indispensable resource for attorneys engaged in estate planning and instrument drafting for many years. Lawyers who have consulted previous editions will find Horn’s many updates useful and informative. Those new to the work will quickly learn why it is considered a classic in the field.

Nonprofit Law is a practical and quick reference for the attorney who needs answers to basic questions to advise the client on nonprofit issues. Written by leaders in the field, this resource covers the formation, tax, governance, and documentation, as well as other areas including mergers and sale of assets of nonprofits, and dissolution of nonprofits.

Published by the American Bar Association Section of Taxation and now in its 7th Edition, this two-volume reference provides an in-depth discussion of the law and is replete with realistic examples and hundreds of practice tips to aid tax practitioners during all stages of representation before the IRS in controversy matters, including exam, appeals, Tax Court, refund actions, and collection matters. The companion DVD contains select audio and video recordings, gleaned from past ABA Section of Taxation meetings, and is supplemented with meeting materials relevant to your practice.

This classic reference explains how to use the 1040 return as a discovery tool in divorce cases, showing where to start a review and how to discover cash flow and the existence of assets. A line-by-line analysis of a hypothetical couple's federal tax form and its schedules provides guidance for drafting a detailed and effective discovery plan for assets and income. This edition does include the Tax Cuts and Jobs Act of 2017.

This highly-acclaimed text explains the conceptual basis of federal income taxation. It is designed to help students quickly pull together the entire subject for end-of-semester review and provide perspective about where a topic fits within the federal income tax scheme. While focusing on the present income tax, the text provides an explanation of the often-discussed consumption tax and contrasts the two taxes in a note at the end of the volume. The new edition reflects developments since the thirteenth edition, including many changes made by the Tax Cuts and Jobs Act of 2017--the most significant federal tax legislation in more than thirty years.

The 2018 Edition of this best-seller is updated and expanded to assist you with understanding complex arbitrage issues. This book will help you gain a clearer understanding of the rules of arbitrage, the relevant IRS code sections, and the regulations and technical terms.

The demanding area of asset protection planning requires knowledge of property law, domestic and international tax law, estate planning, the law of trusts and estates, bankruptcy and debtor-creditor law, and more. Since the original publication of Asset Protection Strategies in 2005, there have been many important and interesting developments addressed in this updated edition. This compendium brings together the knowledge of multiple experts in the field who share an in-depth, professional analysis and review of the key issues that lawyers and financial planning professionals face in advising clients on plans designed to achieve the goal of tax savings, providing for other family members, and protecting the estate from creditors. Chapters provide practical viewpoints and current information to assist practitioners in analyzing the client's needs and determining the appropriate plan for each objective and situation.

In the United States, it is quite common to lay claim to the benefits of society by appealing to "taxpayer citizenship"--the idea that, as taxpayers, we deserve access to certain social services like a public education. Tracing the genealogy of this concept, Camille Walsh shows how tax policy and taxpayer identity were built on the foundations of white supremacy and intertwined with ideas of whiteness. From the origins of unequal public school funding after the Civil War through school desegregation cases from Brown v. Board of Education to San Antonio v. Rodriguez in the 1970s, this study spans over a century of racial injustice, dramatic courtroom clashes, and white supremacist backlash to collective justice claims. Incorporating letters from everyday individuals as well as the private notes of Supreme Court justices as they deliberated, Walsh reveals how the idea of a "taxpayer" identity contributed to the contemporary crises of public education, racial disparity, and income inequality.

In this revealing book, Cass Sunstein shows how today's Internet is driving political fragmentation, polarization, and even extremism, and what can be done about it. Thoroughly rethinking the critical relationship between democracy and the Internet, Sunstein describes how the online world creates "cybercascades," exploits "confirmation bias," and assists "polarization entrepreneurs." And he explains why online fragmentation endangers the shared conversations, experiences, and understandings that are the lifeblood of democracy. In response, Sunstein proposes practical and legal changes to make the Internet friendlier to democratic deliberation. These changes would get us out of our information cocoons by increasing the frequency of unchosen, unplanned encounters and exposing us to people, places, things, and ideas that we would never have picked for our Twitter feed. #Republic need not be an ironic term. As Sunstein shows, it can be a rallying cry for the kind of democracy that citizens of diverse societies most need.

As part of the highly acclaimed series on critical infrastructure and homeland security, Information Technology Protection and Homeland Security is an eye-opening account of a diverse and complex sector. This book describes the processes needed to identify assets, assess risk, implement protective programs and resilience strategies, and measure their effectiveness. While the IT sector can never be made immune to all possible intrusions or hacks, a concerted, well thought out effort to incorporate security upgrades along with careful planning for facilities can help minimize attacks. While working through the text systematically, the reader will gain an understanding of the need for a heightened sense of awareness of the present threat facing the IT sector, as well as gain knowledge of security principles and measures that can be implemented, adding a critical component to not only the reader's professional knowledge but also providing them the tools needed to combat terrorism.

Yascha Mounk shows in this brilliant and timely book that trust in politics is dwindling. Citizens are falling out of love with their political system. Democracy is wilting away. Drawing on vivid stories and original research, Mounk identifies three key drivers of voters' discontent: stagnating living standards, fear of multi-ethnic democracy, and the rise of social media. To reverse the trend, politicians need to enact radical reforms that benefit the many, not the few. The People vs. Democracy is the first book to describe both how we got here and what we need to do now. For those unwilling to give up either individual rights or the concept of the popular will, Mounk argues that urgent action is needed, as this may be our last chance to save democracy.

The field of artificial intelligence (AI) and the law is on the cusp of a revolution that began with text analytic programs like IBM's Watson and Debater and the open-source information management architectures on which they are based. Today, new legal applications are beginning to appear and this book - designed to explain computational processes to non-programmers - describes how they will change the practice of law, specifically by connecting computational models of legal reasoning directly with legal text, generating arguments for and against particular outcomes, predicting outcomes and explaining these predictions with reasons that legal professionals will be able to evaluate for themselves. These legal applications will support conceptual legal information retrieval and allow cognitive computing, enabling a collaboration between humans and computers in which each does what it can do best. Anyone interested in how AI is changing the practice of law should read this illuminating work.

Important and original, this book presents an entirely new way of understanding Technology - as the successor to the dominant ideologies that have underpinned the thought and practices of the West. Like Deity, State and Market, Technology displays the features of a modern myth, promising to deal with our existential concerns by creating a fully empowered sense of the individual on condition of our subjection to it. David Grant and Lyria Bennett Moses examine the dynamics of each of these ideologies, showing how Technology shares their mythological characteristics. They argue that this new myth has not only dominated science to establish its credentials but, utilizing robust empirical evidence, they show how law has been imbued with mythological thinking. Demonstrating that law adopts a mythological approach in attempting to regulate technology, they argue that the pathway out of this mythological maze is to establish a new sense of political, corporate and personal self-responsibility.

The world's fourth industrial revolution - automation through the growth of robotics, artificial intelligence, blockchain, and virtual ecommerce - will disrupt the legal industry. By being open to this change, lawyers can eliminate repetitive, inefficient processes so they can increase the speed, quality, and scale of their legal services. In addition to bolstering the business of law for both big and small firms, this automation will increase access to justice for those who need it most. This book sets out different models and details what firms, lawyers and society, can gain from automated legal services.

The volume is devoted to the relevant problems in the legal sphere, created and generated by recent advances in science and technology. In particular, it investigates a series of cutting-edge contemporary and controversial case-studies where scientific and technological issues intersect with individual legal rights. The book addresses challenging topics at the intersection of communication technologies and biotech innovations such as freedom of expression, right to health, knowledge production, Internet content regulation, accessibility and freedom of scientific research.

In a digitally connected world, the question of how to respect, protect and fulfil human rights has become unavoidable. Uniting research from scholars and practitioners, this contemporary Research Handbook offers new insights into well-established debates surrounding digital technologies by framing them in terms of human rights. An international group of expert contributors explore the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule-making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, the book draws on law, political science, and international relations, as well as computer science and science and technology studies in order to engage with human rights aspects of the digitally connected world. The chapters examine in depth current topics relating to human rights and security, Internet access, surveillance, automation, trade, and freedom of expression.

This book sets out a possible trajectory for the co-development of legal responsibility on the one hand and artificial intelligence and the machines and systems driven by it on the other. As autonomous technologies become more sophisticated it will be harder to attribute harms caused by them to the humans who design or work with them. This will put pressure on legal responsibility and autonomous technologies to co-evolve. Mark Chinen illustrates how these factors strengthen incentives to develop even more advanced systems, which in turn inspire nascent calls to grant legal and moral status to autonomous machines.

Cloud 3.0: Drafting and Negotiating Effective Cloud Computing Agreements provides practical guidance and best practices to help you understand cloud agreements. Information and approaches to create useful cloud computing agreements that meet your clients’ business and legal requirements include: how to evaluate vendors and recognize agreements that heavily favor the vendor; detailed analysis of service levels in cloud agreements, enabling you to negotiate for guarantees that will serve your clients’ needs; warranties, indemnities, and limitations of liability in cloud contracts; best practices for cloud privacy and maintaining security; practical tips for effective cloud negotiations to better arm you to create “win-win” cloud agreements; alternative dispute resolution, litigation strategies, and bankruptcy considered in the context of cloud agreements; mitigating risk through cyberliability insurance; negotiating the exit from a cloud contract and ensuring successful transition, whether to another provider or an in-house solution; and more!

Using a multi-disciplinary and comparative approach, this study examines emerging and innovative attempts to tackle privacy and legal issues in cloud computing such as personal data privacy, security and intellectual property protection. An international team of legal scholars, computer science researchers, regulators and practitioners present original and critical responses to the growing challenges posed by cloud computing. They analyse the specific legal implications pertaining to jurisdiction, biomedical practice and information ownership, as well as issues of regulatory control, competition and cross-border regulation.

In The End of Ownership, Aaron Perzanowski and Jason Schultz explore how notions of ownership have shifted in the digital marketplace, and make an argument for the benefits of personal property. Of course, ebooks, cloud storage, streaming, and other digital goods offer users convenience and flexibility. But, Perzanowski and Schultz warn, consumers should be aware of the tradeoffs involving user constraints, permanence, and privacy. The rights of private property are clear, but few people manage to read their end user agreements. Perzanowski and Schultz argue that introducing aspects of private property and ownership into the digital marketplace would offer both legal and economic benefits. But, most important, it would affirm our sense of self-direction and autonomy. If we own our purchases, we are free to make whatever lawful use of them we please. Technology need not constrain our freedom; it can also empower us.

The Internet of Things : Legal Issues, Policy, and Practical Strategies features chapters on IoT legal and policy issues by some of the leading authorities and thinkers from government, academia, and private practice. More than 30 experts from a variety of backgrounds and points of view address a wide range of topics relating to the IoT with a multidisciplinary approach.

Many kinds of interventions have been designed and implemented to combat digital copyright infringement, a type of cyber-deviance that is also known as 'digital piracy'. However, it is not clear whether such measures are indeed effective in reducing this type of deviance. This research sets out out to examine the functioning of these interventions from an empirical perspective. The persistence of digital copyright infringement presents various challenges to governments, the creative industries and other stakeholders that attempt to curtail digital piracy. The author combines both traditional and innovative research methods in order to establish whether and to what extent these interventions are able to curtail digital piracy. This book is of interest to organisations and individuals that are in charge of developing copyright laws and policy or the enforcement thereof. The focus on the evaluation of digital policy also makes the book relevant to evaluators, criminologists and those interested in digital behavior and digital policy.

In every era of communications technology - whether print, radio, television, or Internet - some form of government censorship follows to regulate the medium and its messages. Today we are seeing the phenomenon of 'machine speech' enhanced by the development of sophisticated artificial intelligence. Ronald K. L. Collins and David M. Skover argue that the First Amendment must provide defenses and justifications for covering and protecting robotic expression. It is irrelevant that a robot is not human and cannot have intentions; what matters is that a human experiences robotic speech as meaningful. This is the constitutional recognition of 'intentionless free speech' at the interface of the robot and receiver. Robotica is the first book to develop the legal arguments for these purposes. Aimed at law and communication scholars, lawyers, and free speech activists, this work explores important new problems and solutions at the interface of law and technology.

This book features peer reviewed contributions from across the disciplines on themes relating to protection of data and to privacy protection. The authors explore fundamental and legal questions, investigate case studies and consider concepts and tools such as privacy by design, the risks of surveillance and fostering trust. Readers may trace both technological and legal evolution as chapters examine current developments in ICT such as cloud computing and the Internet of Things. Written during the process of the fundamental revision of revision of EU data protection law (the 1995 Data Protection Directive), this volume is highly topical.

Privacy as Virtue discusses whether a rights-based approach to privacy regulation still suffices to address the challenges triggered by new data processing techniques, such as Big Data and mass surveillance. A rights-based approach generally grants subjective rights to individuals to protect their personal interests. However, large-scale data processing techniques often transcend the individual and their interests. Virtue ethics is used to reflect on this problem and open up new ways of thinking. A virtuous agent not only respects the rights and interests of others, but also has a broader duty to act in the most careful, just, and temperate way. This applies to citizens, to companies such as Apple, Google, and Facebook, and to governmental organizations that are involved with large scale data processing. The author develops a three-layered model for privacy regulation in the Big Data era. The first layer consists of minimum obligations that are independent of individual interests and rights. Virtuous agents have to respect the procedural pre-conditions for the exercise of power. The second layer echoes the current paradigm, the respect for individual rights and interests. While the third layer is the obligation of aspiration: a virtuous agent designs the data process in such a way that human flourishing, equality, and individual freedom are promoted.

Autonomous vehicles have attracted a great deal of attention in the media, however there are some inconsistencies between the perception of autonomous vehicles' capabilities and their actual functions. This book provides an accessible explanation of how autonomous vehicles function, suggesting appropriate regulatory responses to the existing and emerging technology. Hannah YeeFen Lim explores the current capabilities of autonomous vehicles and importantly, highlights their inherent limitations. Lim provides a concise and easy to follow overview of the technology behind autonomous vehicles which encompasses hardware and software aspects, including machine learning algorithms. Having laid the technical foundation, the following chapters assess the current legal standards in negligence law that are applicable to autonomous vehicles taking the current technical limitations of the vehicles into account. Lim concludes by exploring the ethical issues associated with autonomous vehicles and proposes appropriate regulatory approaches.

Social media offers a platform for individual self-expression and the sharing of information. However, social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from both public and private law perspectives and outlines how the law has endeavored to adapt the existing tools to social media.The expert contributors explore a range of ideas to investigate the intersection between law and social media and they provide an insight into the challenges the legal community currently face. This collection explores key topics such as public and private law implications, the gap between the lay and legal understandings of social media, the conflict of laws regarding social media and the individual rights associated with social media.

Fastcase is an invaluable legal research tool that provides a variety of legal resources, from case law to statutes, regulations, and more. If you have access to Fastcase from the more than 25 state bar associations that provide it to their members, or if you have your own subscription, this guide will help you make the best use of your legal research time and budget, and will introduce you to valuable features that you may not know it offers.

Lawyers in firms of all sizes will benefit from the advice, trends, and best practices that fill this 4th edition published by the American Bar Association’s Law Practice Management Section. Use this resource to transform your website, email, social media and overall online strategy. Get closer to target prospects in clients in ways that are proven and meaningful to buyers of legal services.

Law firms can mitigate the risk of a data breach through a variety of means, including: investing in cybersecurity tools, hiring internal and external cyber resources to augment the firm’s current information security practices, and arguably most importantly changing the firm’s culture to be more security conscious. No one size fits all solution exists for dealing with cyber threats, but with proper focus and resources, a firm can consider its unique factors and develop an information security posture that addresses its most compelling concerns.

While most lawyers and law practices still use Windows, an increasing number are contemplating the switch to Mac, due to its reliability, usability, and security. This book helps guide your decision and addresses common Mac-myths and questions about running a Mac-based law practice. It includes a step-by-step action plan for switching to Macs, along productivity tips and tricks for Mac-using lawyers.

Collaboration in the legal field is essential, and constantly-evolving technology makes it easier and more efficient than ever. This is your go-to guide for mastering the collaboration process in all ways, from collaborating within and outside your firm to finding practical ways to manage cases. It includes tools to use with clients and colleagues as well as information on commonly used collaboration platforms and on how to develop a collaboration strategy for your firm.

As software evolves and hardware ages both physically and in its ability to handle the new software, the most current information and recommendations on computers, servers, networking equipment, legal software, printers, security products, smartphones, tablets, and more is a must-have. The 2018 Solo and Small Firm Legal Technology Guide is more condensed and focused than prior editions, concentrating on the core technologies of the law office.

As technology is constantly evolving, the Second Edition of Microsoft Office 365 for Lawyers is here with up-to-date information on the increasingly popular software program for small, midsized, and large law firms—Office 365. This easy to understand guide covers the most common questions lawyers have when considering migrating their firms to Office 365. With quickly digested "What You Need to Know" sections at the end of each chapter, this book will save you time by focusing on the specific information you need.

The most comprehensive guide available, The Ultimate Guide to Adobe® Acrobat® DC discusses and demonstrates the features that law offices and businesses use, and explains what the features are, why they are important, and how to use them.

Cybersecurity for the Home and Office is a call to action. Readers of this book will grow to appreciate that personal data protection needs to become a priority in our lives, and effective information security for our personal information requires that we make good choices to secure our devices.

This handbook deals with social media laws and related governance principally in the United States (including a separate chapter on records management within the context of social media), while providing the reader with ample coverage of key global regions, including Canada, the European Union, Australia, and Asia.

While technology positively impacts the legal profession and improves workflows, a lawyer must also master social media skills and know that all existing rules of ethics still apply while navigating the brave new world of status updates, tweets, Instagram followers, and YouTube uploads. Written to assist lawyers navigate the often slippery slope of digital communication such as Twitter, Facebook, and more, this pertinent book offers necessary guidance for one’s ethical responsibilities in social media.

The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known variously as cyberlaw, cyberspace law or internet law. Unlike much of the existing literature, this book tackles the question with the benefit of hindsight and draws on several decades of legal developments in the United States and abroad that help illustrate the scope of the field. The author argues that cyberlaw might best be considered a law of the 'online intermediary,' and that by focusing on the regulation of online conduct by search engines, online retail outlets, Internet service providers and online social networks, a more cohesive and comprehensive concept of cyberlaw may be developed. Topics covered include current comparative and global strategies, suggestions for future approaches to cyberspace regulation, and the creation of a cohesive and comprehensive framework for the cyberlaw field.

This practical reference book is ideal for both lawyers and business people, including contract managers, procurement officers, corporate counsel, and anyone else responsible for contracts. Perhaps most important, the book is accessible, clear, and precise-just like a good contract.

In nearly every forum, blockchain has been described as one of the most transformative and disruptive technologies in decades. Blockchain for Business Lawyers identifies the principal challenges of blockchain (distributed ledger technology) in seven separate fields of law, reviews legal developments, and suggests possible resolutions in light of these developments.

Electronic Payment Systems explores the innovations in payment systems, and the legal and technological questions that they present. Written by experts in the field, this book provides a topical discussion of the principal electronic payment systems utilized today, including important regulatory issues that concern money laundering, tax enforcement, and sanctions regimes.

In Privacy's Blueprint, Woodrow Hartzog argues that the law should require software and hardware makers to respect privacy in the design of their products. Current legal doctrine treats technology as though it were value-neutral: only the user decides whether it functions for good or ill. But this is not so. As Hartzog explains, popular digital tools are designed to expose people and manipulate users into disclosing personal information. Against the often self-serving optimism of Silicon Valley and the inertia of tech evangelism, Hartzog contends that privacy gains will come from better rules for products, not users. The current model of regulating use fosters exploitation. Privacy's Blueprint aims to correct this by developing the theoretical underpinnings of a new kind of privacy law responsive to the way people actually perceive and use digital technologies.

The Federal Trade Commission, a US agency created in 1914 to police the problem of 'bigness', has evolved into the most important regulator of information privacy - and thus innovation policy - in the world. Its policies profoundly affect business practices and serve to regulate most of the consumer economy. In short, it now regulates our technological future. Despite its stature, however, the agency is often poorly understood by observers and even those who practice before it. This volume by Chris Jay Hoofnagle - an internationally recognized scholar with more than fifteen years of experience interacting with the FTC - is designed to redress this confusion by explaining how the FTC arrived at its current position of power. It will be essential reading for lawyers, legal academics, political scientists, historians and anyone else interested in understanding the FTC's privacy activities and how they fit in the context of the agency's broader consumer protection mission.

The most dangerous threat we--individually and as a society and country--face today is no longer military, but rather the increasingly pervasive exposure of our personal information; nothing undermines our freedom more than losing control of information about ourselves. And yet, as daily events underscore, we are ever more vulnerable to cyber-attack. In this bracing book, Michael Chertoff makes clear that our laws and policies surrounding the protection of personal information, written for an earlier time, need to be completely overhauled in the Internet era. On the one hand, the collection of data--more widespread by business than by government, and impossible to stop--should be facilitated as an ultimate protection for society. On the other, standards under which information can be inspected, analyzed, or used must be significantly tightened. In offering his compelling call for action, Chertoff argues that what is at stake is not so much the simple loss of privacy, which is almost impossible to protect, but of individual autonomy--the ability to make personal choices free of manipulation or coercion. Offering colorful stories over many decades that illuminate the three periods of data gathering we have experienced, Chertoff explains the complex legalities surrounding issues of data collection and dissemination today, and charts a path that balances the needs of government, business, and individuals alike.

Expanding on the author's experience as a cybersecurity lawyer and law professor, Cybersecurity Law is the definitive guide to cybersecurity law, with an in-depth analysis of U.S. and international laws that apply to data security, data breaches, sensitive information safeguarding, law enforcement surveillance, cybercriminal combat, privacy, and many other cybersecurity issues. The book begins by outlining the legal requirements for data security, which synthesizes the Federal Trade Commission's cybersecurity cases in order to provide the background of the FTC's views on data security. The book also examines data security requirements imposed by a growing number of state legislatures and private litigation arising from data breaches. Anti-hacking laws, such as the federal Computer Fraud and Abuse Act, Economic Espionage Act, and the Digital Millennium Copyright Act, and how companies are able to fight cybercriminals while ensuring compliance with the U.S. Constitution and statutes are discussed thoroughly.

This new guide provides an in-depth examination of how artificial intelligence has evolved, how it will affect the legal profession, and how the law will be reformed to meet the new realities created by AI. Written by high-level industry experts, this guide discusses a wide-range of AI topics including a history and introduction, healthcare regulation, entertainment, labor laws, aviation, military applications, cybernetics and biorobotics, copyright law, cybersecurity issues, product liability, AI and the transactional law practice, the future of AI, and more.

U.S. Private-Sector Privacy: Law and Practice for Information Privacy Professionals is an indispensable resource for those working in the constantly changing privacy landscape. Peter Swire and DeBrae Kennedy-Mayo provide thoughtful analysis of U.S. laws and regulations and the technological and social developments that influence them. Covering the medical, financial, educational, telecommunications and marketing sectors, as well as enforcement, data breach and incident management, online activities, and privacy issues in investigations and litigation, this book is a comprehensive resource encompassing the essentials of privacy practice.

The Handbook on Antitrust in Technology Industries is intended to serve as a comprehensive review and analysis of the application of antitrust law and principles to the technology industry, including software and hardware for computers, mobile and embedded devices, networking, and rapidly growing cloud-based industries such as social media.

Social Media Law, 3rd Edition, examines social and new media issues through the lens of law and policy. With social networking and the use of social media and new media always growing, it is essential for attorneys and law students to understand the trends in these platforms when advising clients of the potential risks and pitfalls of social media and social networking use. This edition covers a wide range of recent court decisions; privacy issues regarding employers and employees on social media; and social media directives issued by the Securities and Exchange Commission and Federal Drug Administration.

Keeping up to date with changing IP laws adds to the complexities for effective due diligence. This expansive guide assists the intellectual property attorney in conducting a thorough review of all aspects of intellectual property and technology, accurately assessing and analyzing the risks and benefits associated with those intangible assets, and determining how they impact transactions and the business at large.

This updated and expanded guide will help attorneys learn the skills necessary to expertly represent clients when using alternative dispute resolution (ADR) in intellectual property disputes.

Computer Games and Immersive Entertainment explores and discusses how to obtain traditional intellectual property rights in the non-traditional settings of video game and immersive environments, and serves as a primer for practitioners researching these emerging legal issues. Each chapter covers important IP issues involved with computer games and immersive entertainment, including end-user license agreements, copyrights, patents, trademarks, trade secrets, rights of publicity, and international considerations.

The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies - remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed.

Surveillance presents a conundrum: how to ensure safety, stability, and efficiency while respecting privacy and individual liberty. From police officers to corporations to intelligence agencies, surveillance law is tasked with striking this difficult and delicate balance. That challenge is compounded by ever-changing technologies and evolving social norms. Following the revelations of Edward Snowden and a host of private-sector controversies, there is intense interest among policymakers, business leaders, attorneys, academics, students, and the public regarding legal, technological, and policy issues relating to surveillance. This handbook documents and organizes these conversations, bringing together some of the most thoughtful and impactful contributors to contemporary surveillance debates, policies, and practices. Its pages explore surveillance techniques and technologies; their value for law enforcement, national security, and private enterprise; their impacts on citizens and communities; and the many ways societies do - and should - regulate surveillance.

In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties. These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort. At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited. This book outlines the paradigmatic shift this entails for the future of the Internet and analyzes the associated legal and economic opportunities and problems.

The subjects of Privacy and Data Protection are more relevant than ever with the European General Data Protection Regulation (GDPR) becoming enforceable in May 2018. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the tenth annual International Conference on Computers, Privacy and Data Protection, CPDP 2017, held in Brussels in January 2017.

One Nation Under Drones is an interesting and informative review of how robotic and unmanned systems are impacting every aspect of American life, from how we fight our wars to how we play to how we grow our food. Edited by John Jackson, this highly readable book features chapters from a dozen experts, researchers, and operators of the sophisticated systems that have become ubiquitous across the nation and around the world. Press reports have focused primarily on unmanned aerial vehicles, officially designated as UAVs, but more often referred to as drones. This work takes you behind the scenes and describes how Predators, Reapers, Scan Eagles, and dozens of other pilotless aircraft have been used to fight the Global War on Terrorism. Chapters written by international law specialists and drone pilots with advanced education in ethics address these issues from both sides of the argument. The book also details how robotic systems are being used on land, in and below the seas, and in civilian applications such as driverless cars. One Nation Under Drones covers such a wide array of topics that it will be of interest to everyone from the casual reader seeking to know more about these systems to national security professionals, both in and out of uniform, who will be making decisions about their procurement and use in decades to come.

Examining the thematic intersection of law, technology and violence, this book explores cyber attacks against states and current international law on the use of force. The theory of information ethics is used to critique the law's conception of violence and to develop an informational approach as an alternative way to think about cyber attacks. Cyber attacks against states constitute a new form of violence in the information age, and international law on the use of force is limited in its capacity to regulate them. This book draws on Luciano Floridi's theory of information ethics to critique the narrow conception of violence embodied in the law and to develop an alternative way to think about cyber attacks, violence, and the state. The author uses three case studies - the 2007 cyber attacks against Estonia, the Stuxnet incident involving Iran that was discovered in 2010, and the cyber attacks used as part of the Russian interference in the 2016 US presidential election - to demonstrate that an informational approach offers a means to reimagine the state as an entity and cyber attacks as a form of violence against it.

A new era of war fighting is emerging for the U.S. military. Hi-tech weapons have given way to hi tech in a number of instances recently. A computer virus is unleashed that destroys centrifuges in Iran, slowing that country's attempt to build a nuclear weapon. ISIS, which has made the internet the backbone of its terror operations, finds its network-based command and control systems overwhelmed in a cyber attack. A number of North Korean ballistic missiles fail on launch, reportedly because their systems were compromised by a cyber campaign. Offensive cyber operations like these have become important components of U.S. defense strategy and their role will grow larger. But just what offensive cyber weapons are and how they could be used remains clouded by secrecy. This new volume by Amy Zegart and Herb Lin is a groundbreaking discussion and exploration of cyber weapons with a focus on their strategic dimensions. It brings together many of the leading specialists in the field to provide new and incisive analysis of what former CIA director Michael Hayden has called "digital combat power" and how the United States should incorporate that power into its national security strategy.

A former Wall Street quant sounds an alarm on the mathematical models that pervade modern life -- and threaten to rip apart our social fabric. We live in the age of the algorithm. Increasingly, the decisions that affect our lives--where we go to school, whether we get a car loan, how much we pay for health insurance--are being made not by humans, but by mathematical models. Tracing the arc of a person's life, O'Neil exposes the black box models that shape our future, both as individuals and as a society. These "weapons of math destruction" score teachers and students, sort résumés, grant (or deny) loans, evaluate workers, target voters, set parole, and monitor our health. O'Neil calls on modelers to take more responsibility for their algorithms and on policy makers to regulate their use. But in the end, it's up to us to become more savvy about the models that govern our lives. This important book empowers us to ask the tough questions, uncover the truth, and demand change.

Get the most out of cutting-edge blockchain technology using the hands-on information contained in this comprehensive resource. Written by a team of technology and legal experts, Blockchain: A Practical Guide to Developing Business, Law, and Technology Solutions demonstrates each topic through a start-to-finish, illustrated case study. The book includes financial, technology, governance, and legal use cases along with advantages and challenges. Validation, implementation, troubleshooting, and best practices are fully covered.

Created by programmers from the mid-90s onwards and launched by technology disruptors in 2008 on the back of the biggest corporate failings in trust and honesty the modern world has seen, Blockchain collects facts as diverse as Wikipedia and churns them out randomly. Heralded as the next big thing, blockchain has the potential to radically change the way lawyers work, and even threaten their very existence. So, what is it, and how does it work? This book, featuring opinions and experience from some of the most knowledgeable thought leaders on the subject, aims to cut through the hype and explore the many different facets of blockchain, and what it will mean for the legal profession.

Since Bitcoin appeared in 2009, the digital currency has been hailed as an Internet marvel and decried as the preferred transaction vehicle for all manner of criminals. It has left nearly everyone without a computer science degree confused: Just how do you "mine" money from ones and zeros? The answer lies in a technology called blockchain, which can be used for much more than Bitcoin. A general-purpose tool for creating secure, decentralized, peer-to-peer applications, blockchain technology has been compared to the Internet itself in both form and impact. Some have said this tool may change society as we know it. Blockchains are being used to create autonomous computer programs known as "smart contracts," to expedite payments, to create financial instruments, to organize the exchange of data and information, and to facilitate interactions between humans and machines. The technology could affect governance itself, by supporting new organizational structures that promote more democratic and participatory decision making. Primavera De Filippi and Aaron Wright acknowledge this potential and urge the law to catch up. That is because disintermediation--a blockchain's greatest asset--subverts critical regulation. By cutting out middlemen, such as large online operators and multinational corporations, blockchains run the risk of undermining the capacity of governmental authorities to supervise activities in banking, commerce, law, and other vital areas. De Filippi and Wright welcome the new possibilities inherent in blockchains. But as Blockchain and the Law makes clear, the technology cannot be harnessed productively without new rules and new approaches to legal thinking.

Every day, new warnings emerge about artificial intelligence rebelling against us. All the while, a more immediate dilemma flies under the radar. In this wide-reaching, interdisciplinary book, Brett Frischmann and Evan Selinger examine what's happening to our lives as society embraces big data, predictive analytics, and smart environments. They explain how the goal of designing programmable worlds goes hand in hand with engineering predictable and programmable people. Detailing new frameworks, provocative case studies, and mind-blowing thought experiments, Frischmann and Selinger reveal hidden connections between fitness trackers, electronic contracts, social media platforms, robotic companions, fake news, autonomous cars, and more. This powerful analysis should be read by anyone interested in understanding exactly how technology threatens the future of our society, and what we can do now to build something better.

Cybersecurity and Human Rights in the Age of Cyberveillance is a collection of articles by distinguished authors from the US and Europe that presents contemporary perspectives on the limits of human rights online. By considering the latest political events and case law, including the NSA PRISM surveillance program controversy, the planned EU data protection amendments, and the latest European Court of Human Rights jurisprudence, it provides an analysis of the ongoing legal discourse on global cyberveillance.

With each passing year, the internet-linked attacks on America's interests have grown in both frequency and severity. Overmatched by our military, countries like North Korea, China, Iran, and Russia have found us vulnerable in cyberspace. The "Code War" is upon us. In this dramatic book, former Assistant Attorney General John P. Carlin takes readers to the front lines of a global but little-understood fight as the Justice Department and the FBI chase down hackers, online terrorist recruiters, and spies. Today, as our entire economy goes digital, from banking to manufacturing to transportation, the potential targets for our enemies multiply. This firsthand account is both a remarkable untold story and a warning of dangers yet to come.

In Algorithms of Oppression, Safiya Umoja Noble challenges the idea that search engines like Google offer an equal playing field for all forms of ideas, identities, and activities. Data discrimination is a real social problem; Noble argues that the combination of private interests in promoting certain sites, along with the monopoly status of a relatively small number of Internet search engines, leads to a biased set of search algorithms that privilege whiteness and discriminate against people of color, specifically women of color.

Cy-près doctrine, which allows the purpose of a failing or impractical charitable gift to be changed, has been understood since the eighteenth century as a medieval canon law principle, derived from Roman law, to rescue souls by making good their last charitable intentions. The Uses of the Dead offers an alternate origin story for this judicial power, grounded in modern, secular concerns. The book shows how cy-près developed out of controversies over church property, particularly monastic property, and whether it might be legally turned over to fund education, poor relief, or national defense. Renaissance humanists hoped to make better, more prudent uses of property; the Reformation sought to correct superstitious abuses of property and ultimately tended to prevent donors' heirs from recovering secularized ecclesiastical gifts; and the early modern state attempted to centralize poor relief and charitable efforts under a more rational, centralized supervision. These three factors combined to replace an older equitable ideal with a new equitable rule--one whose use has rapidly expanded in the modern era to allow assorted approximations and judicial redistribution of property.

Numerous and often complicated issues are involved in estate planning for minor children, including taxation, education funding, insurance, and disability of a minor or a minor's caregiver. Now completely updated, Tax, Estate, and Lifetime Planning for Minors focuses exclusively on the pertinent issues facing adults when planning for younger family members.

Focusing on the legal issues that can arise in old age and the various laws and governmental programs that address those issues, this book is organized in three parts that reflect the different stages of aging. "Retirement Considerations" discusses income issues and paying for medical care; "Post-Retirement Issues" addresses topics such as housing and identifying decision makers for their property and person; and "Later Life Concerns" covers issues associated with the end of life, including long-term care and planning for the possible loss of mental capacity.

Flexible Trusts and Estates for Uncertain Times has been an indispensable resource for attorneys engaged in estate planning and instrument drafting for many years. Lawyers who have consulted previous editions will find Horn’s many updates useful and informative. Those new to the work will quickly learn why it is considered a classic in the field.

Life insurance properly acquired and actively managed is one of the best long-term solutions to assuring financial liquidity at death. Due Diligence of Trust-Owned Life Insurance is an impactful and timely resource for any attorney who wishes to safely guide their clients through what can be a confusing maze of life insurance policies sold in today’s market. The book clearly explains policy provisions and details in an understandable fashion, making important decision-making criteria finally accessible to the practitioner. At the same time, it also includes a rigorous treatment of key insurance contract provisions to help attorneys understand how different contract details can materially impact their clients.

Islamic law provides a non-discretionary system of rules that governs the distribution of a Muslim's estate. Designing an estate plan based upon these rules presents unique challenges and opportunities. As the demand for faith-based planning increases, there is a growing need for culturally competent advisors who understand how these complex rules interplay with state and federal law. This first-of-its-kind practice guide serves as an authoritative resource for practitioners on how to ethically and effectively draft and administer estate plans for Muslim clients seeking to comply with their faith.

A Lawyer's Guide to Estate Planning, 4th ed. provides a helpful introduction to the basics of estate planning. The text is written in a user-friendly manner that provides basic text treatment of the subject along with cautions, examples, and planning pointers clearly denoted throughout the book. The cautions point out problem areas that must be considered to avoid an unwanted tax or other problem. The examples supplement the text and illustrate the point being discussed. The planning pointers show how to use the tax laws to benefit the tax and other planning needs of clients.

Age-related issues, including diminished capacity, can be a significant indicator of the potential vulnerability of a client to undue influence, and also an indicator that our population as a whole is aging. Elder abuse has been called "the crime of the 21st century." Undue influence is a form of financial abuse of the elderly, with the large number of reported cases and estimated $1.17 billion in damages just the tip of the iceberg. Looking at the topic from a legal perspective, Undue Influence and Vulnerable Adults addresses both the role and the importance of the attorney when representing a vulnerable adult. The book’s authors, who each command extensive experience in the area, explain the relevant considerations and provide strategies when litigation is required. Their practical and legal advice on issues will assist planners identify issues and then create effective plans for vulnerable adults that may better withstand attack.

Art is an asset of passion, as author Ramsay H. Slugg states, yet it also has unique and important financial characteristics. This makes art possibly the most difficult asset to incorporate into an overall estate and financial plan. Handbook of Practical Planning for Artists, Art Collectors and Their Advisors addresses two essential elements of art ownership: planning for the ultimate disposition of the art, including how to address the wealth represented by the art into any estate and financial planning, and also the practical considerations for collectors as they actively collect and plan for the art’s eventual disposition.

The demanding area of asset protection planning requires knowledge of property law, domestic and international tax law, estate planning, the law of trusts and estates, bankruptcy and debtor-creditor law, and more. Since the original publication of Asset Protection Strategies in 2005, there have been many important and interesting developments addressed in this updated edition. This compendium brings together the knowledge of multiple experts in the field who share an in-depth, professional analysis and review of the key issues that lawyers and financial planning professionals face in advising clients on plans designed to achieve the goal of tax savings, providing for other family members, and protecting the estate from creditors. Chapters provide practical viewpoints and current information to assist practitioners in analyzing the client's needs and determining the appropriate plan for each objective and situation.

This volume assembles in one place the work of scholars who are making key contributions to a new approach to the United Nations, and to global organizations and international law more generally. Anthropology has in recent years taken on global organizations as a legitimate source of its subject matter. The research that is being done in this field gives a human face to these world-reforming institutions. Palaces of Hope demonstrates that these institutions are not monolithic or uniform, even though loosely connected by a common organizational network. They vary above all in their powers and forms of public engagement. Yet there are common threads that run through the studies included here: the actions of global institutions in practice, everyday forms of hope and their frustration, and the will to improve confronted with the realities of nationalism, neoliberalism, and the structures of international power.

This remarkable collection of letters reveals the debate over universal human rights. Prominent mid-twentieth-century intellectuals and leaders--including Gandhi, T.S. Eliot, W.H. Auden, Aldous Huxley, Jawaharlal Nehru, and Arnold Schoenberg--engaged with the question of universal human rights. Letters to the Contrary presents the foundation of the intellectual struggles and ideological doubts still present in today's human rights debates. Since its adoption in 1948, historians and human rights scholars have claimed that the Universal Declaration of Human Rights was influenced by UNESCO's 1947-48 global survey of intellectuals, theologians, and cultural and political leaders, that supposedly demonstrated a truly universal consensus on human rights. Based on meticulous archival research, Letters to the Contrary provides a curated history of the UNESCO human rights survey and demonstrates its relevance to contemporary debates over the origins, legitimacy, and universality of human rights. In collecting, annotating, and analyzing these responses, including letters and responses that were omitted and polite refusals to respond, Mark Goodale shows that the UNESCO human rights survey was much less than supposed, but also much more. In many ways, the intellectual struggles, moral questions, and ideological doubts among the different participants who both organized and responded to the survey reveal a strikingly critical and contemporary orientation, raising similar questions at the center of current debates surrounding human rights scholarship and practice.

Created in order to celebrate the 20th Anniversary of the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992-2012), this publication aims to offer readers a comprehensive review, written by a variety of scholars in the field, of the value and impact of the standards formulated in the Declaration. In so doing, it hopes to stimulate attention for and debate around the Declaration and its principles. The regional perspectives and case studies included further enable the identification of positive initiatives and good practices as well as persistent gaps in the implementation of the standards enshrined in the Declaration.

The essays which have been collected in this edited volume all approach statelessness from a solutions perspective, looking at what is being done, and what more can be done, to address the issue. The first part of the book has a thematic focus, exploring perspectives, tools and techniques for solving statelessness which are relevant across different countries and regions. Chapters in the second part each have a regional focus, exploring region-specific challenges, developments and innovations set against the backdrop of the broader context of a global campaign to solve statelessness.

Based on a collection of statements delivered between 2003 and 2015, The Vatican in the Family of Nations provides a new understanding of the social doctrine and actions of the Catholic Church in international law and relations. These statements address contemporary issues that stir deep emotional responses, from disarmament, migrations, trade, and intellectual property to discrimination and freedom of conscience. This volume disputes irrational fears of newcomers, offers reasonable adaptations to allow for peaceful coexistence, and insists on investigating the root causes of today's conflicts and displacements. As an independent voice, the Holy See offers these reflections with the view of prioritizing the common good before confessional interests, even when their aims and ends converge. In this sense, this book is a unique collection in international literature on the intersection of theology, human rights and social issues, which opens courageous new paths for the future.

The Impact of International Organizations on International Law addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law. Professor Jose Alvarez considers the impact on sovereigns and actions taken by the contemporary Security Council, the UN General Assembly, and UN Specialized Agencies such as the World Health Organization. He considers the diverse functions performed by adjudicators - from judges of the International Criminal Court to arbitrators within the international investment regime. This text raises fundamental questions concerning the future of international law given the challenges international organizations pose to legal positivism, to traditional conceptions of sovereignty, and to the rule of law itself.

Diplomatic Law in a New Millennium brings together 20 experts to provide insight into some of the most controversial and important matters which characterise modern diplomatic law. They include diplomatic asylum, the treatment (and rights) of domestic staff of diplomatic agents, the inviolability of correspondence, of the diplomatic bag and of the diplomatic mission, the immunity to be given to members of the diplomatic family, diplomatic duties (including the duty of non-interference), but also the rise of diplomatic actors which are not sent by States (including members of the EU diplomatic service). This book explores these matters in a critical, yet accessible manner, and is therefore an invaluable resource for practitioners, scholars and students with an interest in diplomatic relations. The authors of the book include some of the leading authorities on diplomatic law (including a delegate to the 1961 conference which codified modern diplomatic law) as well as serving and former members of the diplomatic corps.

This book analyses the exercise of authority by the UN Security Council and its subsidiary organs over individuals. The UN Security Council was created in 1945 as an outcome of World War II under the predominant assumption that it exercises its authority against states. Under this assumption, the UN Security Council and those individuals were "distanced" by the presence of member states that intermediate between the Security Council's international commands and those individuals that are subject to member states' domestic law. However, in practice, the UN Security Council's exercise of authority has incrementally removed the presence of state intermediaries and reduced the Security Council's distance to individuals. This book demonstrates that this phenomenon has increased the relevance of domestic law in developing the international normative frameworks governing the UN Security Council and its subsidiary organs in safeguarding the rights, obligations, and interests of those affected individuals. This book presents how the UN Security Council's exercise of authority has been received at the domestic level, and what would be the international implications of the Security Council's extensive encounter with the actors who primarily reside in a domestic legal order.

The twenty-five years following the conclusion of the Cold War witnessed an unprecedented intensification of the usage of UN sanctions. This Research Handbook maps how UN sanctions multiplied and diversified during this period and analyses the substantive and procedural transformations to UN sanctions regimes, through the lens of international law. Expert contributors explore different types of UN sanctions regimes, most notably counter-terrorism regimes, counter-proliferation regimes and conflict-resolution regimes. They trace developments across these regimes, such as increased references to international legal standards in sanctions design and procedure as well as interplays with other processes and informal arrangements. Offering a holistic study of UN sanctions, this Research Handbook identifies cross-cutting issues and common challenges in order to provide an outlook on the future of UN sanctions in a 21st century setting.

The permanent five (P5) members of the United Nations Security Council - China, France, Russia, the UK, and the USA - have a firm duty to prevent genocide in light of the due diligence standard under conventional, customary, and peremptory international law. This perceptive book explores the positive obligations of these states to act both within and without the Security Council context to prevent or suppress imminent or ongoing genocide. John Heieck successfully argues why the duty to prevent genocide is not only a customary, but also an absolute norm of international law, and analyses the scope of the due diligence standard regarding the duty to prevent genocide. In doing so, he considers the ramifications of this on the actions of the P5 members of the Security Council, both inside and outside of this eminent body. Significantly, Heieck proposes a legal test for identifying jus cogens norms, and explores the effect of these on the actions and omissions of specifically identified members of the United Nations (UN).

Legal Order in the World's Oceans: UN Convention on the Law of the Sea assesses the impact of the 1982 Convention on the Law of the Sea (UNCLOS) and many aspects and challenges of modern law of the sea. The theme was selected in part to celebrate that this conference was the Center for Oceans Law and Policy's 40th Annual Conference and in part to emphasize the seminal contribution to the Rule of Law from UNCLOS in building legal order in the world's oceans. The comprehensive scope of this inquiry is presented in six parts. The topics are: Ocean Affairs and the Law of the Sea at the United Nations; the Area and the International Seabed Authority; the International Tribunal for the Law of the Sea and Dispute Settlement; the Commission on the Limits of the Continental Shelf; Sustainable Fisheries, including the UN Fish Stocks Agreement; and Operational Implementation--Maritime Compliance and Enforcement.

As the sixth publication of the Centre for Research in Air and Space Law’s Monograph Series, this book contains selected papers presented at the 5th Manfred Lachs International Conference on Global Space Governance and the UN 2030 Agenda, which took place in May 2017 in Montreal, Canada, coinciding with the fiftieth anniversary of the Outer Space Treaty. The various chapters of this book, written by renowned international scholars, professionals and diplomats, address questions of sustainable development on Earth as well as in space, paying particular attention to the interface between the two. This interdisciplinary work presents fresh ideas aimed to ensure the continued sustainable development of outer space as well as its effects on the sustainable development of life on Earth.

With tribes and individual Indians increasingly participating in American electoral politics, this study examines the ways in which tribes work together with state and local governments to overcome significant governance challenges. Much scholarship on tribal governance continues to rely on a concept of tribal sovereignty that does not allow for or help structure this type of governance activity. The resulting tension which emerges in both theory and practice from American Indian intergovernmental affairs is illuminated here and the limits of existing theory are confronted. Kessler-Mata presents an argument for tribal sovereignty to be normatively understood and pragmatically pursued through efforts aimed at interdependence, not autonomy. By turning toward theories of federalism and freedom in the republican tradition, the author provides an alternative framework for thinking about the goals and aspirations of tribal self-determination.

Ken Burns and Lynn Novick’s ten-part, 18-hour documentary series, The Vietnam War, tells the epic story of one of the most consequential, divisive, and controversial events in American history as it has never before been told on film. Visceral and immersive, the series explores the human dimensions of the war through revelatory testimony of nearly 80 witnesses from all sides—Americans who fought in the war and others who opposed it, as well as combatants and civilians from North and South Vietnam. Ten years in the making, the series includes rarely seen and digitally re-mastered archival footage from sources around the globe, photographs taken by some of the most celebrated photojournalists of the 20th Century, historic television broadcasts, evocative home movies, and secret audio recordings from inside the Kennedy, Johnson, and Nixon administrations.

Over five centuries of foreign rule--by Spain, Mexico, and the United States--Native American pueblos have confronted attacks on their sovereignty and encroachments on their land and water rights. How five New Mexico and Texas pueblos did this, in some cases multiple times, forms the history of cultural resilience and tenacity chronicled in Pueblo Sovereignty by two of New Mexico's most distinguished legal historians, Malcolm Ebright and Rick Hendricks. The authors focus here on four New Mexico Pueblo Indian communities--Pojoaque, Nambe, Tesuque, and Isleta--and one now in Texas, Ysleta del Sur. They trace the complex tangle of conflicting jurisdictions and laws these pueblos faced when defending their extremely limited land and water resources. The communities often met such challenges in court and, sometimes, as in the case of Tesuque Pueblo in 1922, took matters into their own hands. Ebright and Hendricks describe how--at times aided by appointed Spanish officials, private lawyers, priests, and Indian agents--each pueblo resisted various non-Indian, institutional, and legal pressures; and how each suffered defeat in the Court of Private Land Claims and the Pueblo Lands Board, only to assert its sovereignty again and again. Although some of these defenses led to stunning victories, all five pueblos experienced serious population declines. Some were even temporarily abandoned. That all have subsequently seen a return to their traditions and ceremonies, and ultimately have survived and thrived, is a testimony to their resilience. Their stories, documented here in extraordinary detail, are critical to a complete understanding of the history of the Pueblos and of the American Southwest.

Pulitzer Prize-winning author Jon Meacham helps us understand the present moment in American politics and life by looking back at critical times in our history when hope overcame division and fear. Our current climate of partisan fury is not new, and in The Soul of America Meacham shows us how what Abraham Lincoln called the "better angels of our nature" have repeatedly won the day. He writes about the Civil War, Reconstruction, and the birth of the Lost Cause; the backlash against immigrants in the First World War and the resurgence of the Ku Klux Klan in the 1920s; the fight for women's rights; the demagoguery of Huey Long and Father Coughlin and the isolationist work of America First in the years before World War II; the anti-Communist witch-hunts led by Senator Joseph McCarthy; and Lyndon Johnson's crusade against Jim Crow. Each of these dramatic hours in our national life have been shaped by the contest to lead the country to look forward rather than back, to assert hope over fear--a struggle that continues even now. While the American story has not always--or even often--been heroic, we have been sustained by a belief in progress even in the gloomiest of times. In this inspiring book, Meacham reassures us, "The good news is that we have come through such darkness before"--as, time and again, Lincoln's better angels have found a way to prevail.

In this culmination of five decades of acclaimed studies in presidential history, Pulitzer Prize-winning author Doris Kearns Goodwin offers an illuminating exploration of the early development, growth, and exercise of leadership. In Leadership in Turbulent Times, Goodwin draws upon the four presidents she has studied most closely--Abraham Lincoln, Theodore Roosevelt, Franklin D. Roosevelt, and Lyndon B. Johnson (in civil rights)--to show how they recognized leadership qualities within themselves and were recognized as leaders by others. By looking back to their first entries into public life, we encounter them at a time when their paths were filled with confusion, fear, and hope. The book tells the story of how they all collided with dramatic reversals that disrupted their lives and threatened to shatter forever their ambitions. Nonetheless, they all emerged fitted to confront the contours and dilemmas of their times. No common pattern describes the trajectory of leadership. Although set apart in background, abilities, and temperament, these men shared a fierce ambition and a deep-seated resilience that enabled them to surmount uncommon hardships. At their best, all four were guided by a sense of moral purpose. At moments of great challenge, they were able to summon their talents to enlarge the opportunities and lives of others. This seminal work provides an accessible and essential road map for aspiring and established leaders in every field. In today's polarized world, these stories of authentic leadership in times of apprehension and fracture take on a singular urgency.

Written in elegiac prose, Lepore's groundbreaking investigation places truth itself--a devotion to facts, proof, and evidence--at the center of the nation's history. The American experiment rests on three ideas--"these truths," Jefferson called them--political equality, natural rights, and the sovereignty of the people. And it rests, too, on a fearless dedication to inquiry, Lepore argues, because self-government depends on it. But has the nation, and democracy itself, delivered on that promise? These Truths tells this uniquely American story, beginning in 1492, asking whether the course of events over more than five centuries has proven the nation's truths, or belied them. To answer that question, Lepore traces the intertwined histories of American politics, law, journalism, and technology, from the colonial town meeting to the nineteenth-century party machine, from talk radio to twenty-first-century Internet polls, from Magna Carta to the Patriot Act, from the printing press to Facebook News. Along the way, Lepore's sovereign chronicle is filled with arresting sketches of both well-known and lesser-known Americans, from a parade of presidents and a rogues' gallery of political mischief makers to the intrepid leaders of protest movements, including Frederick Douglass, the famed abolitionist orator; William Jennings Bryan, the three-time presidential candidate and ultimately tragic populist; Pauli Murray, the visionary civil rights strategist; and Phyllis Schlafly, the uncredited architect of modern conservatism. Americans are descended from slaves and slave owners, from conquerors and the conquered, from immigrants and from people who have fought to end immigration. "A nation born in contradiction will fight forever over the meaning of its history," Lepore writes, but engaging in that struggle by studying the past is part of the work of citizenship. "The past is an inheritance, a gift and a burden," Lepore observes. "It can't be shirked. There's nothing for it but to get to know it."

The Supreme Court in its last term by a vote of 6-3 invalidated a statute passed by Congress touching on the status of Jerusalem, affirming the U.S. Court of Appeals for the D.C. Circuit decision in Zivotofsky v. Secretary of State that the President's power to recognise foreign sovereigns is exclusive and trumps Congress's authority to regulate passports. The Court's decision in Zivotofsky v. Kerry (Zivotofsky II) represents the first time the Court has struck down a congressionally enacted law on the basis of a separation-of-powers infringement involving a matter of foreign affairs. At the same time, the Court rejected the executive branch assertion that it has exclusive authority to conduct international diplomacy, while endorsing Congress's ample authority to influence the nation's foreign affairs. The implications the decision will have on Congress's foreign affairs authority will likely depend on its interpretation by lower courts, as well as the two political branches. This book briefly describes legislative efforts to modify U.S. policy with respect to Jerusalem, in particular multiple enactments of the passport provision. The book next summarises the appellate court's opinion finding the passport measure at issue unconstitutional. Turning to the Supreme Court decision, it presents brief synopses of the petitioner's argument, the Secretary of State's brief in response, and briefs of amici curiae submitted by the Senate and by some Members of the House of Representatives. The book then summarises the Supreme Court decision, including concurrences and dissents. Finally, the book concludes by suggesting possible implications of the decision with respect to Congress's authority to influence foreign affairs.

The award-winning author, Joseph J. Ellis, gives us a deeply insightful examination of the relevance of the views of George Washington, Thomas Jefferson, James Madison, and John Adams to some of the most divisive issues in America today. The story of history is a ceaseless conversation between past and present, and in American Dialogue, Joseph J. Ellis focuses the conversation on the often-asked question "What would the Founding Fathers think?" He examines four of our most seminal historical figures through the prism of particular topics, using the perspective of the present to shed light on their views and, in turn, to make clear how their now centuries-old ideas illuminate the disturbing impasse of today's political conflicts. He discusses Jefferson and the issue of racism, Adams and the specter of economic inequality, Washington and American imperialism, Madison and the doctrine of original intent. Through these juxtapositions--and in his hallmark dramatic and compelling narrative voice--Ellis illuminates the obstacles and pitfalls paralyzing contemporary discussions of these fundamentally important issues.

While the United States continues to recover from the 2008 Great Recession, the country still faces unprecedented inequality as increasing numbers of poor families struggle to get by with little assistance from the government. Holes in the Safety Net: Federalism and Poverty offers a grounded look at how states and the federal government provide assistance to poor people. With chapters covering everything from welfare reform to recent efforts by states to impose work requirements on Medicaid recipients, the book avoids unnecessary jargon and instead focuses on how programs operate in practice. This timely work should be read by anyone who cares about poverty, rising inequality, and the relationship between state, local, and federal levels of government.

Why the Right Went Wrong offers a historical view of the conservative right since the 1960s. Its core contention is that American conservatism and the Republican Party took a wrong turn when they adopted Barry Goldwater's worldview during and after the 1964 campaign. The radicalism of today's conservatism is not the product of the Tea Party, Washington Post columnist E.J. Dionne writes. The Tea Partiers are the true heirs to Goldwater ideology. The purity movement did more than drive moderates out of the Republican Party - it beat back alternative definitions of conservatism. Since 1968, no conservative administration - not Nixon not Reagan not two Bushes - could live up to the rhetoric rooted in the Goldwater movement that began to reshape American politics fifty years ago. The result was the Tea Party, which Dionne says, was as much a reaction to Bush as to Obama. Dionne also shows how a more moderate brand of politics would be good for the Republican Party and the nation and allow American government to work again.

American Intelligence - the ultimate truth teller - has a responsibility in a post-truth world beyond merely warning of external dangers, and in The Assault on Intelligence, General Michael Hayden takes up that urgent work with profound passion, insight and authority. It is a sobering vision. The American intelligence community is more at risk than is commonly understood, for every good reason. Civil war or societal collapse is not necessarily imminent or inevitable, but our democracy's core structures, processes, and attitudes are under great stress. Many of the premises on which we have based our understanding of governance are now challenged, eroded, or simply gone. Because when we lose our intelligence, literally and figuratively, democracy dies.

Presidential power is perhaps one of the most central issues in the study of the American presidency. Since Richard E. Neustadt's classic study, first published in 1960, there has not been a book that thoroughly examines the issue of presidential power. Presidential Power: Theories and Dilemmas by noted scholar John P. Burke provides an updated and comprehensive look at the issues, constraints, and exercise of presidential power. This book considers the enduring question of how presidents can effectively exercise power within our system of shared powers by examining major tools and theories of presidential power, including Neustadt's theory of persuasion and bargaining as power, constitutional and inherent powers, Samuel Kernell's theory of going public, models of historical time, and the notion of internal time. Using illustrative examples from historical and contemporary presidencies, Burke helps students and scholars better understand how presidents can manage the public's expectations, navigate presidential-congressional relations, and exercise influence in order to achieve their policy goals.

Noted political scientist Benjamin Ginsberg has written an essential text on the United States presidency. An invaluable resource, Ginsberg's comprehensive analysis emphasizes the historical, constitutional, and legal dimensions of presidential power. He explores the history and essential aspects of the office, the president's relationship to the rest of the executive branch and to a subordinated Congress, and the evolution of the American president from policy executor to policy maker.

At the beginning of the century, the majority of Americans were satisfied with the way things were going in the United States. And then a slow decline began, seemingly uninterrupted by changes in party or achievements by the White House. In Why Presidents Fail and How They Can Succeed Again, Elaine Kamarck asks important questions: When did Americans lose faith in their leaders? And how can they get it back? Kamarack argues that presidents today spent too much time talking, and not enough time governing. After decades of "imperial" and "rhetorical" presidencies, we are in need of a "managerial" president. In her fully readable and accessible book, she explains the difficulties of governing in our modern political landscape, and offers examples and recommendations of how our next president can not only recreate faith in leadership, but also run a competent, successful administration.

In an era of intense partisan polarization and institutional dysfunction, Investigating the President delves into the dynamics of congressional investigations and how Congress leverages this tool to counterbalance presidential power. Douglas Kriner and Eric Schickler construct the most comprehensive overview of congressional investigative oversight to date, analyzing nearly thirteen thousand days of hearings, spanning more than a century, from 1898 through 2014. The authors examine the forces driving investigative power over time and across chambers, identify how hearings might influence the president's strategic calculations through the erosion of the president's public approval rating, and uncover the pathways through which investigations have shaped public policy. Put simply, by bringing significant political pressure to bear on the president, investigations often afford Congress a blunt, but effective check on presidential power--without the need to worry about veto threats or other hurdles such as Senate filibusters.

Of the many issues polarizing societies today, immigration is one of the most contentious. In the United States, as in Europe, immigration was a defining issue in recent national elections. Immigration not only involves government policies but also the human rights of millions of people. American Presidents, Deportations, and Human Rights Violations studies how recent immigration policies in the United States developed during the Obama administration and are now being expanded in the first months of the Trump presidency. Documenting the harsh treatment of immigrants over the past twenty years, Bill Ong Hing shows how mass detention and deportation of immigrants, from Clinton's two terms and the Bush administration, have escalated even higher. This book questions what price the United States is willing to pay for such harsh immigration policies in terms of our national values, and the impact on the lives of the millions of immigrants who deserve the full protection of universal human rights obligations.

In this book, the authors explore the relationship between federal procurement and the Civil False Claims Act (FCA), which is the federal government's principal civil tool in its anti-fraud efforts. The book describes the regulated nature of government contracting and the players in the policy and enforcement communities who regulate and police government contracts.

This new second edition provides a framework for prime contractors and subcontractors to negotiate the terms and conditions of service subcontracts in support of federal government customers. This guide is based on the published Federal Acquisition Regulation and Department of Defense FAR Supplement texts as of November 30, 2018.

Written by many of the top experts in government contracts and construction law, Federal Government Construction Contracts contains detailed analysis and citations in all areas of the government construction contract law. This completely revised and updated edition provides a basic knowledge of the principles of federal government construction contracting along with its regulations and case law.

This book represents a comprehensive coverage of the doctrine of sovereign immunity; one chapter provides a summary of the sovereign immunity laws in all US states. The book provides the reader with a knowledge and understanding of the sovereign immunity doctrine but also covers the important legal problems and road blocks that confront attorneys who represent victims of improvident government actions. One chapter discusses the immunity of foreign States regarding claims filed against foreign governments in United States courts and when and how a claim can be brought successfully against a foreign State in a court in the United States for violations, among others, of international law. The book is an invaluable reference work for attorneys who may represent victims of governmental misconduct; attorneys should read this book in advance to filing a lawsuit against the government in any context.

The First World War profoundly affected the American political system by transforming constitutional law and providing the predicate for the modern administrative state. In this groundbreaking study, William G. Ross examines the social, political, economic and legal forces that generated this rapid change. Ross explains how the war increased federal and state economic regulatory powers, transferred power from Congress to the President, and altered federalism by enhancing the powers of the federal government. He demonstrates how social changes generated by the war provided a catalyst for the expansion of personal liberties, including freedom of speech, freedom of the press, and the rights of women, racial minorities, and industrial workers. Through a study of constitutional law, gender, race, economics, labor, the prohibition movement, international relations, civil liberties, and society, this book provides a major contribution to our understanding of the development of the American Constitution.

Over three decades after its initial publication, Louis Fisher's durable classic remains at the head of its class; a book that Congressional Quarterly called "as close to being indispensable as anything published in this field." This newly revised sixth edition emphatically reinforces that sterling reputation. Fisher dissects the crucial constitutional disputes between the executive and legislative branches of government from the Constitutional Convention through President Clinton's impeachment battles to the recent controversies over President Bush's conduct as commander in chief. He ventures beyond traditional discussions of Supreme Court decisions to examine the day-to-day working relationships between the president and Congress. By analyzing a mixture of judicial pronouncements, executive acts, and legislative debates, Fisher pinpoints the critical areas of legislative-executive tension: appointment powers, investigatory powers, legislative and executive vetoes, the budgetary process, and war powers. He then examines these areas of tension within a concrete political and historical context.

Banned examines the choice a government has to protect, detain, or deport immigrants, and describes how the Trump administration has handled creating and executing its immigration policy. The book combines personal interviews, immigration law, policy analysis, and case studies to answer the following questions: (1) what does immigration enforcement and discretion look like in the time of Trump? (2) who is affected by changes to immigration enforcement and discretion?; (3) how have individuals and families affected by immigration enforcement under President Trump changed their own perceptions about the future?; and (4) how do those informed about immigration enforcement and discretion describe the current state of affairs and perceive the future? Shoba Sivaprasad Wadhia pairs the contents of these interviews with a robust analysis of immigration enforcement and discretion during the first eighteen months of the Trump administration and offers recommendations for moving forward.

This sourcebook is a landmark publication that sets out all the statutes, executive orders, legal issues, and models that are relevant to public-private partnerships. It covers the law as it relates to counterterrorism and non-proliferation, mobility and maritime security, health and special weapons, disaster preparedness and response, and protection of cyber and critical infrastructure.

Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how "winner-take-all" and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections. This timely analysis of election law and politics outlining key structural election reforms combines distinct analysis of presidential, Senate, and U.S. House elections reforms, while also addressing reforms at the state and local government level. The author argues for fundamental structural changes to U.S. elections like Proportional Representation and Ranked Choice Voting, without requiring any constitutional amendments. Analysis of recent political developments such as progress on the National Popular Vote Interstate Compact, the adoption of Ranked Choice Voting state-wide in Maine, and the 2018 Supreme Court gerrymandering cases add real-world relevance and applicability.

In Policy Drift, Norma Riccucci sheds light on how institutional forces collectively contributed to major change in three key areas of U.S. policy (privacy rights, civil rights, and climate policy) without any new policy explicitly being written. Formal levers of change--U.S. Supreme Court decisions; inaction by Congress; Presidential executive orders--stimulated by social, political or economic forces, organized permutations which ultimately shaped and defined contemporary public policy. Invariably, implementations of new policies are embedded within a political landscape. Political actors, motivated by social and economic factors, may explicitly employ strategies to shift the direction of existing public polices or derail them altogether. Some segments of the population will benefit from this process, while others will not; thus, "policy drifts" carry significant consequences for social and economic change.

As President Trump and Congressional Democrats battle over the findings of the Mueller report, talk of impeachment is in the air. But what are the grounds for impeaching a sitting president? Who is subject to impeachment? Is impeachment effective as a safeguard against presidential misconduct? What challenges does today's highly partisan political climate pose to the impeachment process, and what, if any, meaningful alternatives are there for handling presidential misconduct? For more than twenty years, The Federal Impeachment Process has served as the most complete analysis of the constitutional and legal issues raised in every impeachment proceeding in American history. Impeachment, Michael J. Gerhardt shows, is an inherently political process designed to expose and remedy political crimes--serious breaches of duty or injuries to the Republic. Subject neither to judicial review nor to presidential veto, it is a unique congressional power that involves both political and constitutional considerations, including the gravity of the offense charged, the harm to the constitutional order, and the link between an official's misconduct and duties. For this third edition, Gerhardt updates the book to cover cases since President Clinton, as well as recent scholarly debates. He discusses the issues arising from the possible impeachment of Donald Trump, including whether a sitting president may be investigated, prosecuted, and convicted for criminal misconduct or whether impeachment and conviction in Congress is the only way to sanction a sitting president; what the "Emoluments Clause" means and whether it might provide the basis for the removal of the president; whether gross incompetence may serve as the basis for impeachment; and the extent to which federal conflicts of interest laws apply to the president and other high ranking officials. Significantly updated, this book will remain the standard work on the federal impeachment process for years to come.

A detailing of the precise nature of impeachment law, by a respected attorney and legal scholar. The book includes a study of the language of the law and its precise grounds and repercussions; how the founding fathers based US impeachment rules on British law; and a history of the law's application in American history, including details of the 18 cases of impeachment that have taken place (of judges and legislators as well as several presidents).

Americans tend to believe in government that is transparent and accountable. Those who govern us work for us, and therefore they must also answer to us. But how do we reconcile calls for greater accountability with the competing need for secrecy, especially in matters of national security? Those two imperatives are usually taken to be antithetical, but Heidi Kitrosser argues convincingly that this is not the case -- and that our concern ought to lie not with secrecy, but with the sort of unchecked secrecy that can result from "presidentialism", or constitutional arguments for broad executive control of information. In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments -- including "supremacy" and "unitary executive theory" -- she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser's own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability.

The Law of the Executive Branch: Presidential Power places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the U.S. Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of "inherent" presidential powers that may not be checked by other branches; and executive privilege.

A timely account of the ongoing struggle between the presidents and Congress over who has the power to declare and wage war. The Constitution states that it is Congress that declares war, but it is the presidents who have more often taken us to war and decided how to wage it. Congress has criticized George W. Bush for being too aggressive and Barack Obama for not being aggressive enough, but it avoids a vote on the matter. By recounting how our presidents have declared and waged wars, author David J. Barron shows that these executives have had to get their way without openly defying Congress. Waging War shows us our country's revered and colorful presidents at their most trying times: Washington, Lincoln, Theodore Roosevelt, Franklin Roosevelt, Truman, Eisenhower, John F. Kennedy, Johnson, both Bushes, and Obama. Their wars have made heroes of some and victims of others, but most have proved adept at getting their way over reluctant or hostile Congresses. The next president will face this challenge immediately, and the Constitution and its fragile system of checks and balances will once again be at the forefront of the national debate.

Impeachment: What Everyone Needs to Know is the step back and deep reflection on the law of impeachment that everyone needs now. Written in an accessible and lively question-and-answer format, it offers a timely explanation of the impeachment process from its very meaning to its role in politics today. The book defines the scope of impeachable offenses, and how the Constitution provides alternative procedures and sanctions for addressing misconduct in office. It explains why the only two presidential impeachments, those of Andrew Johnson and Bill Clinton, failed to lead to conviction, and how the impeachments of federal judges illuminate the law and politics of the process. As a legal expert and the only joint witness in the impeachment proceedings against President Clinton, author Michael J. Gerhardt also explores a question frequently asked - will Donald Trump be impeached? This book does not take a side in the debate over the possible impeachment of the president; instead, it is a primer for anyone eager to learn about impeachment's origins, practices, limitations, and alternatives.

Cass R. Sunstein provides a succinct citizen's guide to an essential tool of self-government. He illuminates the constitutional design behind impeachment and emphasizes the people's role in holding presidents accountable. Despite intense interest in the subject, impeachment is widely misunderstood. Sunstein identifies and corrects a number of misconceptions. For example, he shows that the Constitution, not the House of Representatives, establishes grounds for impeachment, and that the president can be impeached for abuses of power that do not violate the law. Even neglect of duty counts among the "high crimes and misdemeanors" delineated in the republic's foundational document. With an eye toward the past and the future, Impeachment: A Citizen's Guide dispels the fog surrounding impeachment so that Americans of all political convictions may use their ultimate civic authority wisely.

To End a Presidency addresses one of today's most urgent questions: when and whether to impeach a president. Laurence Tribe and Joshua Matz provide an authoritative guide to impeachment's past and a bold argument about its proper role today. In an era of expansive presidential power and intense partisanship, we must rethink impeachment for the twenty-first century. This is an essential book for all Americans seeking to understand how the crucial but fearsome power should be exercised.

As procedures governing the rulemaking process have proliferated since the Administrative Procedure Act was enacted, the potential procedural pitfalls have multiplied. This 6th edition brings the Guide up-to-date with respect to recent cases and changes introduced during the latter half of the Obama Administration and the early years of the Trump Administration.

The Federal Veterans Laws, Rules and Regulations (FVLRR) contains the most relevant parts of Title 38 veterans law, including statutes and regulations, and court rules in a single source.

How does the U.S. Supreme Court shape constitutional and political development? In The Collision of Political and Legal Time, Kimberley Fletcher answers this question by analyzing the key role the Court has played in interpreting presidential decision-making in the area of foreign affairs since 1936. She reconsiders the Curtiss-Wright Court, which instituted a new constitutional order that established plenary powers independent of congressional delegation. Fletcher also reexamines Japanese internment and detainee cases, demonstrating the entrenchment of the new constitutional order and how presidential ascendency becomes institutionalized. Other cases, such as Youngstown, illustrate how the Court, during a time of war, will check Executive power and authority. The book examines these cases and controversies in foreign policymaking through the twentieth and into the twenty-first centuries to show that the Court is not passive or constrained; it does not merely follow politics or the majority coalition. Through her nuanced analysis, Fletcher makes a larger argument about the role of the U.S. Supreme Court as an agent of change, which ultimately transforms power, shapes politics, and redirects history.

Now, completely updated and revised for 2018, Foreign Corrupt Practices Act Handbook, Fifth Edition offers 50 new FCPA resolutions, including coverage of Brazil, Canada, China, India, Russia, and UK statutes. You’ll also find information on anti-bribery conventions; board of directors and management responsibilities; transaction issues and considerations; gifts, travel, lodging and entertainment; charitable donations and political contributions; and conducting and defending an FCPA Investigation. The book identifies all major FCPA risk areas and then presents thoughtful and practical advice for how companies can most effectively address these risks and conduct credible investigations.

The United States Department of Defense Law of War Manual: Commentary and Critique provides an irreplaceable resource for any politician, international expert, or military practitioner who wishes to understand the approach taken by the American military in the complex range of modern conflicts. Readers will understand the strengths and weaknesses of US legal and policy pronouncements and the reasons behind the modern American way of war, whether US forces deploy alone or in coalitions. This book provides unprecedented and precise analysis of the US approach to the most pressing problems in modern wars, including controversies surrounding use of human shields, fighting in urban areas, the use of cyberwar and modern weaponry, expanding understanding of human rights, and the rise of ISIS. This group of authors, including academics and military practitioners, provides a wealth of expertise that demystifies overlapping threads of law and policy amidst the world's seemingly intractable conflicts.

The Mueller Investigation and issues emanating from that investigation are at the heart of this book, providing a contextual setting for learning and reviewing materials across the law school curriculum. The book includes cases, essays, and other materials that allow it to be used as a capstone course for classroom discussion in areas of administrative law, civil procedure, counterintelligence and congressional investigative activity, constitutional law, criminal law and procedure, election law, evidence, and professional responsibility.

From one of the world's most admired women, this is Condoleezza Rice's compelling story of eight years serving at the highest levels of government. A native of Birmingham, Alabama who overcame the racism of the Civil Rights era to become a brilliant academic and expert on foreign affairs, Rice distinguished herself in serving as the National Security Advisor and Secretary of State within the Bush Administration. Surprisingly candid in her appraisals of various colleagues and the hundreds of foreign leaders with whom she dealt, Rice also offers here keen insight into how history actually proceeds. In No Higher Honor, she delivers a master class in statecraft -- but always in a way that reveals her essential warmth and humility, and her deep reverence for the ideals on which America was founded.

In a life filled with meaning and accomplishment, Michelle Obama has emerged as one of the most iconic and compelling women of our era. As First Lady of the United States of America - the first African-American to serve in that role - she helped create the most welcoming and inclusive White House in history, while also establishing herself as a powerful advocate for women and girls in the U.S. and around the world, dramatically changing the ways that families pursue healthier and more active lives, and standing with her husband as he led America through some of its most harrowing moments. In her memoir, a work of deep reflection and mesmerizing storytelling, Michelle Obama invites readers into her world, chronicling the experiences that have shaped her - from her childhood on the South Side of Chicago to her years as an executive balancing the demands of motherhood and work, to her time spent at the world's most famous address. Warm, wise, and revelatory, Becoming is the deeply personal reckoning of a woman of soul and substance who has steadily defied expectations - and whose story inspires us to do the same.

Looking forward to the 100-year anniversary of the passage of the Nineteenth Amendment in 2020, this collection of original essays takes a long view of the past century of women's political engagement to gauge how much women have achieved in the political arena. The volume looks back at the decades since women won the right to vote to analyze the changes, developments, and even continuities in women's roles in the broad political sphere. Ultimately, the book asks two important questions about the last 100 years of women's suffrage: 1) How did the Nineteenth Amendment alter the American political system? and 2) How has women's engagement in politics changed over the last 100 years? As the volume traces women's forceful presence and limitations in politics over the past century, it also helps us look forward to consider the next 100 years: what additional victories might be won and what new defeats will need women's response?

This textbook provides a comprehensive assessment of women in American politics as participants, candidates, and office holders, as well as important public policies that affect women in their daily lives. Firmly grounded in current Political Science research, this textbook also provides cutting-edge analysis of current topics such as gender, feminism, social media, and issues within the current gender justice movement, to name a few, in its coverage. This textbook will be timely and relevant to undergraduate students in its coverage of important topics, and will provide a strong overview of important research in the field of women and politics for graduate students. In addition, the pedagogical features included throughout the textbook will help students develop critical thinking skills as well as provide resources to become lifelong learners on this topic.

Decriminalizing Domestic Violence asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in the first place. Envisioned for both courses and research topics in domestic violence, family violence, gender and law, and sociology of law, the book challenges readers to understand intimate partner violence not solely, or even primarily, as a criminal law concern but as an economic, public health, community, and human rights problem. It also argues that only by viewing intimate partner violence through these lenses can we develop a balanced policy agenda for addressing it. At a moment when we are examining our national addiction to punishment, Decriminalizing Domestic Violence offers a thoughtful, pragmatic roadmap to real reform.

Most Americans take for granted their right to vote, whether they choose to exercise it or not. But the history of suffrage in the U.S. is, in fact,the story of a struggle to achieve this right by our society's marginalized groups. In The Right to Vote, Duke historian Alexander Keyssar explores the evolution of suffrage over the course of the nation's history. Examining the many features of the history of the right to vote in the U.S.--class, ethnicity, race, gender, religion, and age--the book explores the conditions under which American democracy has expanded and contracted over the years. Keyssar presents convincing evidence that the history of the right to vote has not been one of a steady history of expansion and increasing inclusion, noting that voting rights contracted substantially in the U.S. between 1850 and 1920. Keyssar also presents a controversial thesis: that the primary factor promoting the expansion of the suffrage has been war and the primary factors promoting contraction or delaying expansion have been class tension and class conflict.

From 1865, Susan B. Anthony and Elizabeth Cady Stanton led campaigns for equal rights for all but were ultimately defeated by a Congress and reformers intent on applying suffrage established with constitutional amendments and legislation to men only. Ignoring all women, black and white, advocates argued that enfranchising black men would solve race problems, masking the effect on women. This book weaves Anthony's and Stanton's campaigns together with national and congressional events, in the process uncovering relationships among these events and revealing the devastating impact on the women and their campaign for civil rights for all citizens.

When Women Won the Vote focuses on the final decade (1910-1920) of American women's fight for the vote--a fight that had already been underway for more than sixty years, and which culminated in the passage of the 19th amendment in 1920. Sandra Opdycke reveals how woman suffragists campaigned in communities across the country, building a mass movement and tirelessly publicizing their cause. Meanwhile, in Washington DC, the main suffrage organization led by Carrie Chapman Catt courted the President and Congress with diplomatic skill, while the smaller National Woman's Party, headed by Alice Paul, intensified political pressure with confrontational picketing and demonstrations. Supported by primary documents and online eResources, this book adds context by describing the historical events that shaped this crucial decade in American women's fight for the vote.

Four generations of women fought for the right to vote. Suffrage not only reminds us of the laws that conspired against women's equality in the post-Civil War United States, but it also illustrates--through the eyes of the suffragists themselves--the cultural and religious norms that had held women in second-class status for centuries. Early suffragists grappled with isolation and outright hostility as they lectured around the nation, even as they tried to reassure the public that politicized women would still serve the family. Others espoused outrage by organizing public protests. This book shows how lasting political change comes about through a combination of working from within the system and outside of it, and deftly illustrates the tensions within the movement. Although the vote was finally won in 1920, it was not without tremendous sacrifice. The book lays bare the strategies that led to the single-minded focus on the vote and the consequences of postponing action on so many other issues that remained for later generations to address, including reproductive freedom, labor rights, and equal pay.

Despite global undertakings to safeguard the full enjoyment of human rights, culture, traditional practices and religion are widely used to discriminate against women. In this volume 17 scholars approach women's human rights globally, regionally and nationally, combining the perspectives of public and private international law in a hitherto unique manner. Comprehensive legal, culture-based and theoretical overviews are combined with analyses of topical issues, such as unbalanced sex-ratios, intercountry adoption, women as refugees or as "surrogate mothers," violence against women and cross-border enforcement of protection orders.

The product of extensive empirical and interdisciplinary research, Kalantry's book investigates the actual occurrence of sex-selective abortion among Asian Americans, the social and cultural contexts in which women in the United States and India practice sex-selective abortion, and the consequences of the laws in each country for women's equality. Women's Human Rights and Migration develops a transnational feminist legal approach to examining and legislating contested acts that result from migration.

Dr. Delaram Farzaneh's groundbreaking book is the first comprehensive critique of Iran's gender-based discrimination against women from the various perspectives of domestic and comparative law, Islamic jurisprudence, and international human rights laws, within a historical context. The rights of women have gone through an undeniable evolution throughout Iran's long history as one of the world's oldest civilizations. Since the beginning of the 20th century alone, Iran has gone through three dramatic changes in the structure of its government, each with a direct and powerful impact on the legal and social status of women. Dr. Farzaneh relates the historical struggle of Iranian women against persistent social taboos and legal hurdles to acquire the most fundamental legal rights, beginning with ancient times through the Qājār and the Pahlavī Monarchy. She also analyzes the dramatic setbacks to women's rights after the 1979 Islamic Revolution that resulted in the re-imposition of discrimination against women on the ground of their "sex" throughout the entire Iranian legal system. Finally, Dr. Farzaneh presents a compelling analysis of the ban on women from judgeships in Iran. She explores how this ban is in violation of Iran's legal obligations under international human rights laws. She argues that the intentional banning of women from judgeships exemplifies the pervasive systematic discrimination against women in Iran, not just in equal participation in decision-making positions, but in all spheres of their lives.

In Ladder Down, author Lauren Stiller Rikleen offers an easy-to-read, hopeful, optimistic view of a profession that has been under siege. It reminds lawyers why they went to Law School, and helps them reclaim their enthusiasm for practicing law. A unique feature of this book is that it contains advice from successful women practitioners around the globe.

You Don't Look Like a Lawyer examines the discrimination professional women of color face in the legal profession and the ways in which race and gender impact women's work. Tsedale Melaku looks in depth at the legal profession and discusses how these issues also impact women of color in other fields.

In Stories from Trailblazing Women Lawyers, award-winning legal historian Jill Norgren curates the oral histories of one hundred extraordinary American women lawyers who changed the profession of law. Many of these stories are being told for the first time. In 2005 the American Bar Association's Commission on Women in the Profession initiated a national oral history project named the Women Trailblazers in the Law initiative: One hundred outstanding senior women lawyers were asked to give their personal and professional histories in interviews conducted by younger colleagues. The interviews, made available to the author, permit these women to be written into history in their words, words that evoke pain as well as celebration, humor, and somber reflection. These are women attorneys who, in courtrooms, classrooms, government agencies, and NGOs have rattled the world with insistent and successful demands to reshape their profession and their society. They are women who brought nothing short of a revolution to the profession of law.

This unique volume contains new research by the Commission begun two years ago on grit and growth mindset, two traits that have been shown to impact the success of women lawyers. The original study focused on large law firms; the Commission’s expanded research covered all legal work environments: solo practice; small, medium, and large firms; corporations; government; and nonprofits. The book also is a collection of 47 letters from a group of diverse women who have used these principles to advance in their careers, and each woman shares her advice, insight, and experience as a female attorney who has achieved success in the practice of law. You will learn from these women how to use grit and growth mindset to blaze your own trail to success.

The life and times of a trailblazing feminist in American law. The first female Stanford law professor was also first director of the District of Columbia Public Defender Service, one of the first women to be an Assistant Attorney General of the United States, and the biographer of California's first woman lawyer, Clara Foltz. Survivor, pioneer, leader, and fervent defender of the powerless and colorful mobsters alike, Barbara Babcock led by example and by the written word--and recounts her part of history in this candid and personal memoir.

Rose Elizabeth Bird was forty years old when in 1977 Governor Edmund G. "Jerry" Brown chose her to become California's first female supreme court chief justice. Appointed to a court with a stellar reputation for being the nation's most progressive, Bird became a lightning rod for the opposition due to her liberalism, inexperience, and gender. Over the next decade, her name became a rallying cry as critics mounted a relentless effort to get her off the court. Bird survived three unsuccessful recall efforts, but her opponents eventually succeeded in bringing about her defeat in 1986, making her the first chief justice to be removed from the California Supreme Court. The Case of Rose Bird provides a fascinating look at this important and complex woman and the political and cultural climate of California in the 1970s and 1980s. Seeking to uncover the identities and motivations of Bird's vehement critics, Kathleen A. Cairns traces Bird's meteoric rise and cataclysmic fall. Cairns considers the instrumental role that then-current gender dynamics played in Bird's downfall, most visible in the tensions between second-wave feminism and the many Americans who felt that a "radical" feminist agenda might topple long-standing institutions and threaten "traditional" values.

By weaving together law, feminist theory, and history, author Tracy A. Thomas explores Stanton's little-examined philosophies on and proposals for women's equality in marriage, divorce, and family, and reveals that the campaigns for equal gender roles in the family that came to the fore in the 1960s and '70s had nineteenth-century roots. Using feminist legal theory as a lens to interpret Stanton's political, legal, and personal work on the family, Thomas argues that Stanton's positions on divorce, working mothers, domestic violence, childcare, and many other topics were strikingly progressive for her time, providing significant parallels from which to gauge the social and legal policy issues confronting women in marriage and the family today.

A compelling account of how women shaped the common law right to privacy during the late nineteenth and early twentieth centuries. Drawing on a wealth of original research, Jessica Lake documents how the advent of photography and cinema drove women, whose images were being taken and circulated without their consent, to court. There they championed the creation of new laws and laid the groundwork for America's commitment to privacy.

The First World War profoundly affected the American political system by transforming constitutional law and providing the predicate for the modern administrative state. In this groundbreaking study, William G. Ross examines the social, political, economic and legal forces that generated this rapid change. Ross explains how the war increased federal and state economic regulatory powers, transferred power from Congress to the President, and altered federalism by enhancing the powers of the federal government. He demonstrates how social changes generated by the war provided a catalyst for the expansion of personal liberties, including freedom of speech, freedom of the press, and the rights of women, racial minorities, and industrial workers. Through a study of constitutional law, gender, race, economics, labor, the prohibition movement, international relations, civil liberties, and society, this book provides a major contribution to our understanding of the development of the American Constitution.

The relationship between Sandra Day O'Connor and Ruth Bader Ginsburg - Republican and Democrat, Christian and Jew, western rancher's daughter and Brooklyn girl - transcends party, religion, region, and culture. Strengthened by each other's presence, these groundbreaking judges, the first and second women to serve on the highest court in the land, have transformed the Constitution and America itself, making it a more equal place for all women. Linda Hirshman's dual biography includes revealing stories of how these trailblazers fought for recognition in a male-dominated profession - battles that would ultimately benefit every American woman. Hirshman also makes clear how these two justices have shaped the legal framework of modern feminism, setting precedent in cases dealing with employment discrimination, abortion, affirmative action, sexual harassment, and many other issues crucial to women's lives. Sisters in Law combines legal detail with warm personal anecdotes, bringing these very different women into focus as never before. Meticulously researched and compellingly told, it is an authoritative account of our changing law and culture, and a moving story of a remarkable friendship.

This illuminating work examines Justice Ruth Bader Ginsburg's contributions in reshaping the rhetoric of the law (specifically through the lens of watershed cases in women's rights) and describes her rhetorical contributions, beginning with her work in the 1970s as a lawyer and an advocate for the ACLU's Women's Rights Project through her tenure as a Supreme Court justice. Katie L. Gibson examines Ginsburg's rhetoric to argue that she has dramatically shifted the boundaries of legal language. Gibson draws from rhetorical theory, critical legal theory, and feminist theory to describe the law as a rhetorical genre, arguing that Ginsburg's jurisprudence can appropriately be understood as a direct challenge to the traditional rhetoric of the law.

Before taking her place as the second woman on the Supreme Court of the United States, Ruth Bader Ginsburg quietly led a revolution and forever changed life in America for both men and women. Reserved and quiet, she didn't set out to be a trailblazer, but there was something in her way: the law. Hundreds of years of legal precedent, a line of devastating Supreme Court cases, and countless statutes depriving women of equal citizenship and keeping them from full participation in the legal and political process. Mixing social and legal history with a moving and intimate biography, award-winning author Teri Kanefield captures a turbulent era and tells the story of how Ruth Bader Ginsburg defied expectations to become one of the most influential and powerful women in America.

Ruth Bader Ginsburg is a legal icon. In more than four decades as a lawyer, professor, appellate judge, and associate justice of the US Supreme Court, Ginsburg has influenced the law and society in real and permanent ways. This book chronicles and evaluates the remarkable achievements Ruth Bader Ginsburg has made over the past half century. Including chapters written by prominent court watchers and leading scholars from law, political science, and history, it offers diverse perspectives on an array of doctrinal areas and on different time periods in Ginsburg's career. Together, these perspectives document the impressive legacy of one of the most important figures in modern law.

She was born in 1930 in El Paso and grew up on a cattle ranch in Arizona. At a time when women were expected to be homemakers, she set her sights on Stanford University. When she graduated near the top of her class at Law School in 1952, no firm would even interview her. But Sandra Day O'Connor's story is that of a woman who repeatedly shattered glass ceilings, doing so with a blend of grace, wisdom, humor, understatement, and cowgirl toughness. She became the first-ever female majority leader of a state senate. As a judge on the Arizona State Court of Appeals, she stood up to corrupt lawyers and humanized the law. When she arrived at the Supreme Court, appointed by Reagan in 1981, she began a quarter-century tenure on the court, hearing cases that ultimately shaped American law. Diagnosed with cancer at fifty-eight, and caring for a husband with Alzheimer's, O'Connor endured every difficulty with grit and poise. Women and men today will be inspired by how to be first in your own life, how to know when to fight and when to walk away, through O'Connor's example. This is a remarkably vivid and personal portrait of a woman who loved her family and believed in serving her country, who, when she became the most powerful woman in America, built a bridge forward for the women who followed her.

In this large, comprehensive, revelatory biography, Jane De Hart explores the central experiences that crucially shaped Ruth Bader Ginsburg's passion for justice, her advocacy for gender equality, her meticulous jurisprudence: her desire to make We the People more united and our union more perfect. De Hart captures, in all its richness and complexity, the pioneering life and legal career whose profound mark on American jurisprudence, on American society, on our American character and spirit, will reverberate deep into the twenty-first century and beyond.

Since the early 2010s, an increasing number of European countries have passed laws that prohibit the wearing of various kinds of Islamic veil in particular circumstances. This insightful book considers the arguments used to justify such laws and analyzes the legitimacy of these arguments both generally and in regards to whether such laws can be seen as justified interferences with the rights of women who wish to wear such garments. This timely book considers the most recently passed European laws that target Islamic veiling. The author situates the justifications for anti-veiling laws in the context of a careful analysis of the reasons why women wear veils, and considers these justifications by reference to emerging debates surrounding the relative value of liberalism and human rights, multiculturalism, and the need to protect 'traditional values'. The book concludes that these laws are best viewed as symbolic strikes at a recognizable symbol of an ideological opponent, theorizing that their principal purpose is to enable particular countries to reaffirm traditional values in a context of increased domestic opposition to multiculturalism.

This documentary depicts the Tribunal's historic role in the prosecution and adjudication of wartime sexual violence. It includes testimonies from witnesses and survivors of sexual violence, who bravely gave evidence at trials, and interviews with former and current ICTY professionals who worked on these cases. In English, French, German and Serbo-Croatian with subtitles in English.
Director: Rob Barsony
Writers: Rob Barsony, Petar Finci
Narrator: Lisa Biersay

From Oppression to Grace gives voice to the experiences of women of color--women of African, Native American, Latina, East Indian, Korean and Japanese descent--as students pursuing terminal degrees and as faculty members navigating the Academy, grappling with the dilemmas encountered by others and themselves as they exist at the intersections of their work and identities. This book uses critical race feminism (CRF) to place women of color in the center, rather than the margins, of the discussion, theorizing, research and praxis of their lives as they co-exist in the dominant culture. This book is for all women of color growing up in the academy, learning to stand on their own, taking first steps, mastering the language, walking, running, falling and getting up to run again--and illuminates the process of self-definition that is essential to their growth as scholars and individuals.

The bestselling author Stephen Carter delves into his past and discovers the inspiring story of his grandmother's extraordinary life. She was black and a woman and a prosecutor, a graduate of Smith College and the granddaughter of slaves, as dazzlingly unlikely a combination as one could imagine in New York of the 1930s -- and without the strategy she devised, Lucky Luciano, the most powerful Mafia boss in history, would never have been convicted. When special prosecutor Thomas E. Dewey selected twenty lawyers to help him clean up the city's underworld, she was the only member of his team who was not a white male. Eunice Hunton Carter was raised in a world of stultifying expectations about race and gender, yet by the 1940s, her professional and political successes had made her one of the most famous black women in America. Moving, haunting, and as fast-paced as a novel, Invisible tells the true story of a woman who often found her path blocked by the social and political expectations of her time. But Eunice Carter never accepted defeat, and thanks to her grandson's remarkable book, her long forgotten story is once again visible.

Over five centuries of foreign rule--by Spain, Mexico, and the United States--Native American pueblos have confronted attacks on their sovereignty and encroachments on their land and water rights. How five New Mexico and Texas pueblos did this, in some cases multiple times, forms the history of cultural resilience and tenacity chronicled in Pueblo Sovereignty by two of New Mexico's most distinguished legal historians, Malcolm Ebright and Rick Hendricks. The authors focus here on four New Mexico Pueblo Indian communities--Pojoaque, Nambe, Tesuque, and Isleta--and one now in Texas, Ysleta del Sur. They trace the complex tangle of conflicting jurisdictions and laws these pueblos faced when defending their extremely limited land and water resources. The communities often met such challenges in court and, sometimes, as in the case of Tesuque Pueblo in 1922, took matters into their own hands. Ebright and Hendricks describe how--at times aided by appointed Spanish officials, private lawyers, priests, and Indian agents--each pueblo resisted various non-Indian, institutional, and legal pressures; and how each suffered defeat in the Court of Private Land Claims and the Pueblo Lands Board, only to assert its sovereignty again and again. Although some of these defenses led to stunning victories, all five pueblos experienced serious population declines. Some were even temporarily abandoned. That all have subsequently seen a return to their traditions and ceremonies, and ultimately have survived and thrived, is a testimony to their resilience. Their stories, documented here in extraordinary detail, are critical to a complete understanding of the history of the Pueblos and of the American Southwest.

Answers to environmental issues are not black and white. Debates around policy are often among those with fundamentally different values, and the way that problems and solutions are defined plays a central role in shaping how those values are translated into policy. The Environmental Case captures the real-world complexity of creating environmental policy, and this much-anticipated Fifth Edition contains fifteen carefully constructed cases. Through her analysis, Sara Rinfret explores the background, players, contributing factors, and outcomes of each case, and gives readers insight into some of the most interesting and controversial issues in U.S. environmental policymaking.

This book deals with market demand-based permitting and building planning by municipalities and counties through regional coordination. Some of the themes explored in the book include: market analysis, planning, development in accordance with a plan, the savings and loan crisis, the Great Recession, permitting development in excess of demand, the economics of development cycles, property rights, protecting the local economy, existing tools to prevent over permitting, and more.

Once the exclusive prerogative of domaine reserve, landscape has gained increasing importance in international law in recent years. Since the introduction of cultural landscapes within the UNESCO World Heritage Convention, and particularly since the adoption of the European Landscape Convention (ELC), emphasis has shifted beyond a scenic, preservationist approach towards a more dynamic, human-centred one. The focus is not only on outstanding landscapes, but also on the everyday and degraded landscapes where most people live and work. Landscape is land shaped by people, after all, and its protection, management and planning have a number of implications for democracy, human rights and spatial justice. Despite these links, however, there has been little legal scholarship on the topic.How does international law, which deals for the most part with universality, deal with something so region-specific and particular as landscape? What is the legal conception of landscape and what are the various roles played by international law in its protection? Amy Strecker assesses the institutional framework for landscape protection, analyses the interplay between landscape and human rights, and links the etymology and theory of landscape with its articulation in law.

Joint Tenancies remains the only work at this time inviting careful thought about the commercial landlord’s risk and reward scenarios in leasing to marijuana businesses. The book seeks to teach readers about issues to take to heart in the Cannabis industry real estate leasing process and to be successful in doing so. Toward the end of the book, some forms are included that offer ideas for how a landlord might treat this type of transaction. Using these forms, or anything like them, won’t guarantee that a landlord avoids forfeiture or personal criminal prosecution if that landlord veers off the regulatory rails. Any potential commercial landlord must proceed with extreme caution. Part of that process is to obtain competent legal advice from an experienced attorney in the local community.

More Sticks and Bricks brings together in one volume the expertise of nationally recognized engineers, architects and contractors who explain in clear language their areas of building technology. No matter what your level of expertise, this comprehensive guide pulls together the basics of constructing a building and presents it in a practical format.

Adapting to Rising Sea Levels discusses the ways in which the structure of the United States' legal system shapes adaptation. The book provides the necessary background on the science of sea level rise and the basic legal principles that animate decision-making in the coastal zone, including the takings doctrine. It explores the role of federal flood insurance and disaster relief in shaping adaptation decisions, presents case studies from states, and concludes with a high-level overview of some of the unique challenges faced by corporations operating in the coastal zone.

This invaluable practical resource provides a thorough introduction to the legal and policy issues associated with vacant and problem properties, how to take action to revitalize them, and how to frame effective and defensible local ordinances and regulations. It also addresses the benefits and challenges of creating land banks, the regulatory issues involved with dealing with brownfield properties, the importance of developing sound demolition strategies, and the value of greening or nondevelopment reuse strategies.