|The Affordable Care Act and Medicare in Comparative Context
Kinney, Eleanor D.
Burdened with perennially rising costs and responsible for providing health insurance to more than one sixth of all Americans, Medicare in its original form is fiscally and demographically unsustainable. In light of dramatic reforms under the Affordable Care Act, this book provides a comprehensive overview of the current state of Medicare. Eleanor D. Kinney explains how the ACA addresses systemic problems of cost and volume inflation; quality assurance; and fraud. Recognizing the potential for more radical change in the future, Kinney also explores the potential of Medicare to become a single-payer system. Comparisons are made with national health systems in Canada and the United Kingdom, from which the United States can draw valuable lessons. An approachable yet comprehensive account of Medicare and the ACA, this book will be invaluable for health care professionals and informed citizens.
|The Guide to U.S. Legal Analysis and Communication
McGregor, Deborah B.
Written primarily for the international lawyer studying law in the United States, this text introduces students to legal analysis and communications used in U.S. legal practice. The book begins with overviews of the U.S. government and court system, the U.S. common law system and the civil litigation process., laying a foundation for understanding the rest of the course. Through clear explanatory text and numerous exercises, The Guide to U.S. Legal Analysis and Communication provides instruction on the types of written and oral communications that international lawyers are most likely to engage in with U.S. lawyers. Topics covered are: drafting an objective legal analysis; writing persuasively and drafting court documents; expository writings, such as client letters, demand letters, and e-mail communications; conducting an oral argument to a court; and properly citing to legal authorities.
|Undocumented Immigrants in an Era of Arbitrary Law: The Flight and the Plight of People Deemed “Illegal”
Barsky, Robert F.
This book describes the experiences of undocumented migrants, all around the world, bringing to life the challenges they face from the moment they consider leaving their country of origin, until the time they are deported back to it. Drawing on a broad array of academic studies, including law, interpretation and translation studies, border studies, human rights, communication, critical discourse analysis and sociology, Robert Barsky argues that the arrays of actions that are taken against undocumented migrants are often arbitrary, and exercised by an array of officials who can and do exercise considerable discretion, both positive and negative.
|Glass Half Full: The Decline and Rebirth of the Legal Profession
Barton, Benjamin H.
The hits keep coming for the American legal profession. Law schools are churning out too many graduates, depressing wages, and constricting the hiring market. Big Law firms are crumbling, as the relentless pursuit of profits corrodes their core business model. Modern technology can now handle routine legal tasks like drafting incorporation papers and wills, reducing the need to hire lawyers; tort reform and other regulations on litigation have had the same effect. As in all areas of today’s economy, there are some big winners; the rest struggle to find work, or decide to leave the field altogether, which leaves fewer options for consumers who cannot afford to pay for Big Law.
It would be easy to look at these enormous challenges and see only a bleak future, but Ben Barton instead sees cause for optimism. Taking the long view, from the legal Wild West of the mid-nineteenth century to the post-lawyer bubble society of the future, he offers a close analysis of the legal market to predict how lawyerly creativity and entrepreneurialism can save the profession. In every seemingly negative development, there is an upside. The trend towards depressed wages and computerized legal work is good for middle class consumers who have not been able to afford a lawyer for years. The surfeit of law school students will correct itself as the law becomes a less attractive and lucrative profession. As Big Law shrinks, so will the pernicious influence of billable hours, which incentivize lawyers to spend as long as possible on every task, rather than seeking efficiency and economy. Lawyers will devote their time to work that is much more challenging and meaningful. None of this will happen without serious upheaval, but all of it will ultimately restore the health of the faltering profession.
|Black Women and International Law: Deliberate Interactions, Movements and Actions
K561 .B57 2015
From Compton to Cairo and Bahia to Brixton, black women have been disproportionally affected by poverty, illiteracy, unemployment, discrimination and violence. Despite being one of the largest and geographically dispersed groups in the world, they are rarely referenced or considered as a subject of analysis in international law literature. Thus, it is vital that scholars refashion global discourse by re-conceptualizing international law and relations from their unique experiences and perspectives. This unique and eclectic collection covers a broad range of topics and issues that examine the complex interactions – as subjects and objects – between black women and international law. The book critically explores the manifold relationship between them with a view toward highlighting the historic and contemporary ways in which they have influenced and been influenced by transnational law, doctrine, norms, jurisprudence, public policy, public discourse and global governance. It purports to unearth old law and fashion new paradigms born out of the experiences of black women.
|International Cultural Heritage Law
Blake, Janet E.
This book provides a comprehensive overview of the development of international cultural heritage law and policy since 1945. It sets out the international (including regional) law currently governing the protection and safeguarding of cultural heritage in peace time, as well as international cultural policy-making. In addition to analyzing the relevant legal frameworks, it focuses on the broader policy and other contexts within which and in response to which this law has developed.
Following this approach, attention is paid to: introducing international cultural heritage law and its place in international law generally; illicit excavation and the illegal trade in archaeological finds; protection of underwater cultural heritage; the relationship between cultural heritage and the environment; intangible aspects of heritage and their safeguarding; cultural heritage as traditional knowledge and creativity; regional approaches to protection; and human rights issues related to cultural heritage. In addition, newly-emerging topics and challenges are addressed, including the relationship between cultural heritage and sustainable development and the gender dynamics of cultural heritage.
Providing both a perfect introduction to cultural heritage law and deeper reflection on its challenges, this book should be invaluable for students, scholars, and practitioners in the field.
|The Court and the World: American Law and the New Global Realities
Breyer, Stephen G.
In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders.
|The Changing Nature of Religious Rights under International Law
K3258 .C47 2015
The Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, as proclaimed by the United Nations General Assembly in 1981, is the only universal human rights instrument specifically focusing on religious intolerance and discrimination. However, recent years have seen increasing controversy surrounding this right, in both political and legal contexts. The European Court of Human Rights has experienced a vast expansion in the number of cases it has had brought before it concerning religious freedom, and politically the boundaries of the right have been much disputed. This book provides a systematic analysis of the different approaches to religious rights which exist in public international law.
|Copyrighting Creativity: Creative Values, Cultural Heritage Institutions and Systems of Intellectual Property
K3791 .C67 2015
What is the relationship between creativity, cultural heritage institutions and copyright? Who owns culture and cultural heritage? The digital age has expanded the horizon of creative possibilities for artists and cultural institutions – what is the impact on legal regimes that were constructed for an analogue world? What are the tensions between the safeguarding of cultural heritage and the dissemination of knowledge about culture?
Inspired by a three year research project involving leading European universities, this book explores the relationship between copyright and intellectual property, creativity and innovation, and cultural heritage institutions. Its contributors are scholars from both the humanities and the social sciences – from cultural studies to law – as well as cultural practitioners and representatives from cultural heritage institutions. They all share an interest in the contribution of intellectual property to the role of cultural institutions in making culture accessible and encouraging new creativity.
|Enabling Acts: The Hidden Story of How the Americans with Disabilities Act Gave the Largest U.S. Minority Its Rights
Davis, Lennard J.
The Americans with Disabilities Act (ADA) is the widest-ranging and most comprehensive piece of civil rights legislation ever passed in the United States, and it has become the model for disability-based laws around the world. Yet the surprising story behind how the bill came to be is little known.
In this riveting account, acclaimed disability scholar Lennard J. Davis delivers the first behind-the-scenes and on-the-ground narrative of how a band of leftist Berkeley hippies managed to make an alliance with upper-crust, conservative Republicans to bring about a truly bipartisan bill. Based on extensive interviews with all the major players involved including legislators and activists, Davis recreates the dramatic tension of a story that is anything but a dry account of bills and speeches. Rather, it’s filled with one indefatigable character after another, culminating in explosive moments when the hidden army of the disability community stages scenes like the iconic “Capitol Crawl” or an event some describe as “deaf Selma,” when students stormed Gallaudet University demanding a “Deaf President Now!”
|Governed through Choice: Autonomy, Technology, and the Politics of Reproduction
Denbow, Jennifer M.
At the center of the “war on women” lies the fact that women in the contemporary United States are facing more widespread and increased surveillance of their reproductive health and decisions. In recent years states have passed a record number of laws restricting abortion. Physicians continue to sterilize some women against their will, especially those in prison, while other women who choose to forego reproduction cannot find physicians to sterilize them. While these actions seem to undermine women’s decision-making authority, experts and state actors often defend them in terms of promoting women’s autonomy.
In Governed through Choice, Jennifer M. Denbow exposes the way that the notion of autonomy allows for this apparent contradiction and explores how it plays out in recent reproductive law, including newly enacted informed consent to abortion laws like ultrasound mandates and the regulation of sterilization. Denbow also shows how developments in reproductive technology, which would seem to increase women’s options and autonomy, provide even more opportunities for state management of women’s bodies. The book argues that notions of autonomy and choice, as well as transformations in reproductive technology, converge to enable the state’s surveillance of women and undermine their decision-making authority. Yet, Denbow asserts that there is a way forward and offers an alternative understanding of autonomy that focuses on critique and social transformation. Moreover, while reproductive technologies may heighten surveillance, they can also help disrupt oppressive norms about reproduction and gender, and create space for transformation. A critically important analysis, Governed through Choice is a trailblazing look at how the law regulates women’s bodies as reproductive sites and what can be done about it.
|The Supreme Court Versus Congress: Disrupting the Balance of Power, 1789-2014
The always-controversial practice of judicial review of Congress is not prescribed in the Constitution, but is arguably a valid way to protect the rights of individuals or guard against unfair rule by the majority. This book offers a historical review and indictment of the Supreme Court’s overruling of Congress, ultimately taking a position that this has been more detrimental than beneficial to the democratic process in the United States, and that in the aggregate rights of individuals and minorities would have been better served if the relevant laws of Congress had been enforced rather than struck down by the Court.
Written by an author who is a historian and a lawyer, the book covers all Supreme Court overrides of Congress through 2014, including major historical turning points in Supreme Court legislation and such recent and relevant topics as the Affordable Care Act, limits on contributions to political candidates and campaigns from wealthy individuals, and the Defense of Marriage Act. The discussions of specific cases are made in relevant context and focus on “big picture” themes and concepts without skipping key details, making this a useful volume for law and university level students while also being accessible to general readers.
|Broken Trust: Dysfunctional Government and Constitutional Reform
Variously and roundly perceived as gridlocked, incompetent, irresponsible, and corrupt, American government commands less respect and trust today than perhaps at any time in the nation’s history. But the dysfunction in government that we like so little, along with the policy disasters it engenders, is in fact a product of that deep and persistent distrust, Stephen M. Griffin contends in Broken Trust, an accessible work of constitutional theory and history with profound implications for our troubled political system.
Undertaken with a deep concern about the way our government is performing, Broken Trust makes use of the debate over dysfunctional government to uncover significant flaws in the conventional wisdom as to how the Constitution works. Indeed, although Americans strongly believe that our government is dysfunctional, they are just as firmly convinced that the Constitution still works well. Griffin questions this conviction by examining how recent policy disasters such as the 9/11 terrorist attacks, the response to Hurricane Katrina, and the 2008 financial crisis are linked to our constitutional system. This leads him to pose the question of whether the government institutions we have inherited from the eighteenth century are poor fits for contemporary times.
|Diversity Matters: Judicial Policy Making in the U.S. Courts of Appeals
Haire, Susan B.
Until President Jimmy Carter launched an effort to diversify the lower federal courts, the U.S. courts of appeals had been composed almost entirely of white males. But by 2008, over a quarter of sitting judges were women and 15 percent were African American or Hispanic. Underlying the argument made by administration officials for a diverse federal judiciary has been the expectation that the presence of women and minorities will ensure that the policy of the courts will reflect the experiences of a diverse population. Yet until now, scholarly studies have offered only limited support for the expectation that judges’ race, ethnicity, or gender impacts their decision making on the bench. In Diversity Matters, Susan B. Haire and Laura P. Moyer employ innovative new methods of analysis to offer a fresh examination of the effects of diversity on the many facets of decision making in the federal appellate courts.
Drawing on oral histories and data on appellate decisions through 2008, the authors’ analyses demonstrate that diversity on the bench affects not only individual judges’ choices but also the overall character and quality of judicial deliberation and decisions. Looking forward, the authors anticipate the ways in which these process effects will become more pronounced as a result of the highly diverse Obama appointment cohort.
|School Bullying: How Long is the Arm of the Law?
Hanks, James C.
Antibullying is a cause embraced at every level of society, from the grass roots to the federal government. Yet despite well-published efforts to tackle it, bullying persists. The consequences for students and for the educational community are always painful, and sometime tragic. The law has responded to the problem of bullying at the state and local level, through the adoption of statutes and state or local policies. This guide reviews state statutes and case law concerning bullying, explores the constitutional issues that arise from the application of antibullying regulations, examines federal guidance on harassment, and offers suggestions for a systematic approach to bullying.
|Sisters in Law: How Sandra Day O’Connor and Ruth Bader Ginsburg Went to the Supreme Court and Changed the World
Hirshman, Linda R.
The author of the celebrated Victory tells the fascinating story of the intertwined lives of Sandra Day O’Connor and Ruth Bader Ginsburg, the first and second women to serve as Supreme Court justices.
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 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 their own recognition in a male-dominated profession—battles that would ultimately benefit every American woman. She also makes clear how these two justices have shaped the legal framework of modern feminism, including 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 that bring 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.
|Transgender Persons and the Law
Howell, Ally Windsor
This groundbreaking book is intended to educate and inform practitioners on the various laws and landmark court cases involving transgendered individuals in a number of legal situations. It discusses the myriad legal documents transgendered persons need to understand before filling out paperwork and includes a DVD containing a complete set of forms for all 50 states and the District of Columbia for name changes and, for those jurisdictions that allow it, birth certificate changes.
|The Illegal Business of Human Trafficking
K5297 .I45 2015
This book offers a brand-new perspective on human trafficking as an illegal business. It also proposes a new form of networked action: combining the perspectives of academic researchers with those of highly skilled professionals involved in policymaking in this area, this book is a unique contribution and a first step toward a networking paradigm, promoting collaboration in preventing and combating human trafficking crime, and in raising awareness of this ongoing problem.
This book was born within the CINETS group – Crimmigration Control International Net of Studies (www.crimmigrationcontrol.com), which was established in 2011 with the aim of bringing together expertise from different fields, professions, universities and countries. It aims to form a new paradigm for sharing knowledge and advancing research on topics related to human trafficking, crimmigration control, immigration and crime, immigrant detention and all types of violence that may affect victims of crimes, helping to create a fairer society.
|University Ethics: How Colleges Can Build and Benefit from a Culture of Ethics
Keenan, James F.
Stories about ethical issues at universities make headlines every day. From sexual violence to racial conflict, from the treatment of adjuncts to cheating, students, professors, and administrators face countless ethical trials. And yet, very few resources exist to assist universities in developing an ethical culture. University Ethics addresses this challenge. Each chapter studies a facet of university life—including athletics, gender, faculty accountability, and more—highlights the ethical hotspots, explains why they occur, and proposes best practices.
Professional ethics are a key component of training for numerous other fields, such as business management, medicine, law, and journalism, but there is no prescribed course of study for the academy. Professors and administrators are not trained in standards for evaluating papers, colleagues, boundaries, or contracts. University Ethics not only examines the ethical problems that colleges face one by one but proposes creating an integrated culture of ethics university-wide that fosters the institution’s mission and community. In an environment plagued by university scandals, University Ethics is essential reading for anyone connected to higher education today.
|Justices on the Ballot: Continuity and Change in State Supreme Court Elections
Hirshman, Linda R.
Justices on the Ballot addresses two central questions in the study of judicial elections: How have state supreme court elections changed since World War II? And, what effects have those changes had on election outcomes, state supreme court decisions, and the public’s view of the courts? To answer these questions, Herbert M. Kritzer takes the broadest scope of any study to date, investigating every state supreme court election between 1946 and 2013. Through an analysis of voting returns, campaign contributions and expenditures, television advertising, and illustrative case studies, he shows that elections have become less politicized than commonly believed. Rather, the changes that have occurred reflect broader trends in American politics, as well as increased involvement of state supreme courts in hot-button issues.
|Regulating Speech in Cyberspace: Gatekeepers, Human Rights and Corporate Responsibility
Laidlaw, Emily B.
Private companies exert considerable control over the flow of information on the internet. Whether users are finding information with a search engine, communicating on a social networking site or accessing the internet through an ISP, access to participation can be blocked, channelled, edited or personalised. Such gatekeepers are powerful forces in facilitating or hindering freedom of expression online. This is problematic for a human rights system which has historically treated human rights as a government responsibility, and this is compounded by the largely light-touch regulatory approach to the internet in the west. Regulating Speech in Cyberspace explores how these gatekeepers operate at the intersection of three fields of study: regulation (more broadly, law), corporate social responsibility and human rights. It proposes an alternative corporate governance model for speech regulation, one that acts as a template for the increasingly common use of non-state-based models of governance for human rights.
|The Sovereignty of Human Rights
The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law – minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development – are central to the normative architecture of the field.
|Injustices: The Supreme Court’s History of Comforting the Comfortable and Afflicting the Afflicted
Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale.
In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution’s promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren’t for several unpredictable events, Brown v. Board of Education could have gone the other way.
In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people’s elected representatives, and has bent the arc of American history away from justice.
|Federalism on Trial: State Attorneys General and National Policymaking in Contemporary America
“It is one of the happy incidents of the federal system,” Justice Louis Brandeis wrote in 1932, “that a single courageous state may, if its citizens choose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country.” It is one of the features of federalism in our day, Paul Nolette counters, that these “laboratories of democracy,” under the guidance of state attorneys general, are more apt to be dictating national policy than conducting contained experiments. In Federalism on Trial, Nolette presents the first broadscale examination of the increasingly nationalized political activism of state attorneys general. Focusing on coordinated state litigation as a form of national policymaking, his book challenges common assumptions about the contemporary nature of American federalism.
|Privacy in the Digital Age: 21st-Century Challenges to the Fourth Amendment
KF1262 .P747 2015
A collection of expert essays examines the privacy rights that have been lost in the post-9/11 era―giving students and others the knowledge they need to take back their constitutional protections. It traces the historical development of the Fourth Amendment through recent Supreme Court decisions; offers a discussion of current issues and traces the legislative history related to those issues; highlights the use of new technologies to limit privacy rights; combines an awareness of the complexities of the digital age with scholarly analysis; and speaks to the interests of students, scholars, and the general reader about the challenges facing the Fourth Amendment in the 21st century.
|The Trouble with Lawyers
Rhode, Deborah L.
By any measure, the law as a profession is in serious trouble. Americans’ trust in lawyers is at a low, and many members of the profession wish they had chosen a different path. Law schools, with their endlessly rising tuitions, are churning out too many graduates for the jobs available. Yet despite the glut of lawyers, the United States ranks 67th (tied with Uganda) of 97 countries in access to justice and affordability of legal services. The upper echelons of the legal establishment remain heavily white and male. Most problematic of all, the professional organizations that could help remedy these concerns instead jealously protect their prerogatives, stifling necessary innovation and failing to hold practitioners accountable.
Deborah Rhode’s The Trouble with Lawyers is a comprehensive account of the challenges facing the American bar. She examines how the problems have affected (and originated within) law schools, firms, and governance institutions like bar associations; the impact on the justice system and access to lawyers for the poor; and the profession’s underlying difficulties with diversity. She uncovers the structural problems, from the tyranny of law school rankings and billable hours to the lack of accountability and innovation built into legal governance-all of which do a disservice to lawyers, their clients, and the public.
The Trouble with Lawyers is a clear call to fix a profession that has gone badly off the rails, and a source of innovative responses.
|State Religious Freedom Restoration Acts: A Compilation of Enacted and Recently Proposed Legislation
KF4783.A6 S73 2015+
The Religious Freedom Restoration Act of 1993 is a United States Federal law that was proposed to protect the free exercise of religion. Since its proposal, twenty states have enacted their own Religious
Freedom Restoration Acts. This is a collection of both the federal law and state laws that have been put in place.
|Public Rights, Private Relations
The abuse of workers in export processing zones in developing countries, the undignified treatment of elderly people in care homes, and the dangers for internet users’ privacy arising from private companies’ control of their data are prominent examples of how our most fundamental interests are increasingly jeopardized by powerful private actors. Jean Thomas argues that, while these interests are protected by human and constitutional rights in relation to the state, no similar protections exist in relations among private actors. To address this problem, she develops a theoretical framework for the application of human and constitutional rights among private actors.
The author proposes a theory of private liability for public rights violations that allows us to answer the question: who should bear the duties associated with human and constitutional rights in the private sphere? And what do private actors owe one another in respect of the interests protected by these rights? In advancing a model of rights that makes the application of public rights among private actors morally plausible and institutionally feasible, the book also illuminates the broader conceptual question of what rights are.
|Red, White, and Blue: A Critical Analysis of Constitutional Law
Tushnet, Mark V.
The first paperback edition of a classic of American constitutional theory. The book is divided into two parts. In Part I Professor Tushnet appraises the five major competing “grand theories” of constitutional law and interpretation, and, argues that none of them satisfy their own requirements for coherence and judicial constraint. In Part II the author offers a descriptive sociology of constitutional doctrine and raises critical questions as to whether a grand theory is necessary, is it possible to construct a coherent, useful grand theory, and is construction of an uncontroversial grand theory possible?
Professor Tushnet’s new Afterword is organized in parallel fashion to the original text. Part I offers a new survey of the contemporary terrain of constitutional interpretation. Part II provides an extended discussion of the most prominent of contemporary efforts to provide an external analysis of constitutional law, the idea of regime politics. This includes discussion of major court decisions, including Bush v. Gore and Citizens United.