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Author: Robin Craig
Publisher: West Academic Publishing
ISBN: 9781684672363
Category : Environmental law
Languages : en
Pages : 1502
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Book Description
The Fifth Edition is updated to take account of new developments in the law, new regulations, and new cases, as well as the multiple and ongoing regulatory changes and reversals among the Obama, Trump, and Biden Administrations. In addition, the casebook has been modified throughout to call more attention to environmental justice issues. Chapter 1 (RCRA and CERCLA) and Chapter 4 (Clean Air Act) now have expanded discussions of how environmental justice issues arise in the context of pollution control permitting. Chapter 2 (NEPA) includes two of the Standing Rock Sioux decisions about the Dakota Access Pipeline. In addition, the Introduction chapter has been revamped to more thoroughly introduce non-statutory approaches to environmental law, including constitutional and common-law approaches to the public trust doctrine and a brand new section on the Rights of Nature movement, emphasizing the environmental justice and indigenous rights tie-ins to those movements, before shifting to a discussion of why states and the federal government would choose statutes, a theme continued at the beginning of Chapter 1. The challenge of the Fifth Edition is the ongoing changes to environmental regulations in the opening year of the Biden Administration. The Fifth Edition updates through June 2021 and points to resources for keeping track of new developments. It discusses continuing regulatory issues such as climate change under the Clean Air Act and "waters of the United States" under the Clean Water Act in some detail, emphasizing the issues in contention and explaining why the EPA's regulatory approach continues to evolve.
Author: Robin Craig
Publisher: West Academic Publishing
ISBN: 9781684672363
Category : Environmental law
Languages : en
Pages : 1502
Get Book Here
Book Description
The Fifth Edition is updated to take account of new developments in the law, new regulations, and new cases, as well as the multiple and ongoing regulatory changes and reversals among the Obama, Trump, and Biden Administrations. In addition, the casebook has been modified throughout to call more attention to environmental justice issues. Chapter 1 (RCRA and CERCLA) and Chapter 4 (Clean Air Act) now have expanded discussions of how environmental justice issues arise in the context of pollution control permitting. Chapter 2 (NEPA) includes two of the Standing Rock Sioux decisions about the Dakota Access Pipeline. In addition, the Introduction chapter has been revamped to more thoroughly introduce non-statutory approaches to environmental law, including constitutional and common-law approaches to the public trust doctrine and a brand new section on the Rights of Nature movement, emphasizing the environmental justice and indigenous rights tie-ins to those movements, before shifting to a discussion of why states and the federal government would choose statutes, a theme continued at the beginning of Chapter 1. The challenge of the Fifth Edition is the ongoing changes to environmental regulations in the opening year of the Biden Administration. The Fifth Edition updates through June 2021 and points to resources for keeping track of new developments. It discusses continuing regulatory issues such as climate change under the Clean Air Act and "waters of the United States" under the Clean Water Act in some detail, emphasizing the issues in contention and explaining why the EPA's regulatory approach continues to evolve.
Author: Robin Kundis Craig
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1098
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Book Description
Relying on graphics, flow charts, cases, and administrative materials, it provides a step-by-step introduction to six of the most important federal environmental statutes. The Second Edition will use new cases to allow professors to discuss how global climate change is affecting environmental and natural resource regulation in a variety of contexts. Specifically, climate change will be the centerpiece of new cases involving NEPA, the ESA, the Clean Air Act (Massachusetts v. EPA), and citizen suit standing.
Author: Lisa Carol Johnson
Publisher:
ISBN: 9781453389751
Category : Environmental law
Languages : en
Pages : 429
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Book Description
Author: Cynthia Lee
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1096
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Book Description
This text, the only criminal law casebook authored by two progressive female law professors of color, provides the reader with both critical race and critical feminist theory perspectives on criminal law. The book focuses on the cultural context of substantive criminal law, integrating issues of race, gender, class, and sexual orientation where relevant
Author: Mark S. Kende
Publisher:
ISBN: 9781611634853
Category : Civil rights
Languages : en
Pages : 0
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Book Description
Harvard Law Professor Cass Sunstein has said that South Africa has "the most admirable constitution in the history of the world." This comparative constitutional law casebook is unique because it allows students and experts in U.S. constitutional law (or other nations) to compare their approach with modern South African constitutionalism. The transformative and progressive South African Constitution adopts the most successful parts of existing parliamentary constitutions, while honoring the nation's African heritage. Further, it incorporates numerous international human rights such as socio-economic and environmental rights. The book's South African focus guarantees readers will grasp the contingency and social context of a foreign constitutional court's decisions, rather than primarily surveying cases from numerous other nations. Yet the introductory chapter also provides background on South Africa, and then exposes readers to key theoretical questions about comparativism. Moreover, that chapter briefly describes seven other constitutional democracies where the courts play important but different roles than in South Africa. These nations provide further context for the strong judicial review exercised by the South African Constitutional Court. Indeed, excerpts from that Court's decisions make up most of the core second chapter. The core chapter also contains questions about the reasoning of each South African case, as well as how that case compares to a single foreign case on the same topic. The book is suitable for law students, as well as other graduate and undergraduate students. In addition, the book is the first condensed version of South African constitutional case law published in the U.S. Thus, it functions as a research collection for experts, as well as a casebook.
Author: Lavanya Rajamani
Publisher: Oxford University Press
ISBN: 0192589032
Category : Law
Languages : en
Pages : 1104
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Book Description
The second edition of this leading reference work provides a comprehensive discussion of the dynamic and important field of international law concerned with environmental protection. It is edited by globally-recognised international environmental law scholars, Professor Lavanya Rajamani and Professor Jacqueline Peel, and features 67 chapters authored by 76 renowned experts in their fields. The Handbook discusses the key principles underpinning international environmental law, its relevant actors and tools, and rules applying in its substantive sub-fields such as climate law, oceans law, wildlife and biodiversity law, and hazardous substances regulation. It also explores the intersection of international environmental law with other areas of international law, such as those concerned with trade, investment, disaster, migration, armed conflict, intellectual property, energy, and human rights. The Handbook sets its discussion of international environmental law in the broader interdisciplinary context of developments in science, ethics, politics and economics, which inform the way in which environmental rules are made, implemented, and enforced. It provides an introduction to the foundations of international environmental law while also engaging with questions at the frontiers of research, teaching, and practice in the field, including the role of Global South perspectives, the contribution made by Earth jurisprudence, and the growing role of a diverse range of actors from indigenous peoples to business and industry. Like the first edition, this second edition of the Handbook is an essential reference text for all engaged with environmental issues at the international level and the applicable governance and regulatory structures.
Author: Elizabeth A. Rowe
Publisher: West Academic Publishing
ISBN: 9780314195265
Category : Trade secrets
Languages : en
Pages : 0
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Book Description
This, the first casebook in the United States devoted exclusively to trade secret law, is challenging yet user-friendly to students. In order to facilitate understanding of the material, the book is designed to be used by law and business students with no prior background in intellectual property law. Throughout, the authors have made conscious and thoughtful decisions about the way in which the information is presented and organized. The general organization follows a logical analytical approach to understanding trade secret law, with the chapters progressing from proving the essential elements of a trade secret claim to defensive tactics and remedies, managing trade secrets, and criminal actions. It also addresses employment, management, and international issues.
Author: David Pataraia
Publisher: Routledge
ISBN: 1000477320
Category : Law
Languages : en
Pages : 1375
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Book Description
International Law: Text, Cases and Materials provides not only an essential introduction to the core concepts and foundational principles of international law, but also a detailed overview of each established area in which international law operates. Featuring cases, materials, and illustrative figures throughout to enhance the level of context and detail provided, the book covers everything a student of international law requires. Topics include the law of treaties, international organisations, the international protection of human rights, responsibility in international law, jurisdiction, diplomatic and consular law, territory in international law, the law of the sea, international air and space law, international economic law, international environmental law, and international humanitarian law. This comprehensive textbook will be essential reading not only for any course on international law, but also as a starting point for those wishing to grasp the context of a particular area of international law before exploring further.
Author: Lea Brilmayer
Publisher: Aspen Publishers
ISBN: 9780735557451
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
Highly regarded for supplying a solid analytical framework for a complicated area of the law, CONFLICT OF LAWS: Cases and Materials enters its Sixth Edition as a proven teaching tool. The casebook offers: a strong balance of current and historical cases and problems that allow students to test the application of case analysis historical treatment of -- and distinct focus on -- choice of law an entire chapter devoted to the Internet and conflicts of law arising there equal coverage of practical and theoretical aspects of conflicts a chapter on conflicts in international settings Changes for this edition bring the book up to date: older cases in the choice of law parts of the book are replaced with fresher, new ones careful editing results in a streamlined discussion of personal jurisdiction a major section on the various choices of law problems concerning same-sex marriage keeps pace with ongoing developments significant updates to the Internet and international conflicts sections reflect the many new and emerging issues
Author: Lucas Bergkamp
Publisher: BRILL
ISBN: 900447904X
Category : Law
Languages : en
Pages : 734
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Book Description
Liability and Environment analyzes the role of law, in particular civil liability, in controlling environmental pollution and risk. In modern environmental policy, liability has become a popular instrument. In this book, Prof. Bergkamp takes a fresh look at civil liability for environmental harm in an inter- and transnational context. Over the last decade, industry's liability exposure for environmental harm has expanded significantly. At the international, EC, and national level proposals for onerous strict environmental liability regimes are pending. The `polluter pays principle', which is an articulation of the `cost internalization' theory in the environmental area, is believed to justify such liability regimes. Applying an instrumental approach to legal instruments, Prof. Bergkamp aims to redefine the role of liability in the heavily regulated environmental area. He shows that liability for environmental harm is not justified by the polluter pays principle, is an uncertain and unreliable instrument for achieving prevention, results in an inefficient insurance scheme, and plays a dubious role in adjusting activity levels. Based on an analysis of the basic characteristics of alternative legal instruments, Prof. Bergkamp concludes that civil liability should play a more modest, limited role in an environmental law system dominated by public law. Where deterrence is not the objective, first party insurance, compensation funds, or other public law regimes should be preferred over liability rules. In addition to civil liability of private parties, Liability and Environment discusses State liability under international, EC, and national law. Under international law, breach of a primary obligation triggers a State's liability. Prof. Bergkamp argues that this rule should be applied also to liability of private parties. In the environmental area, a business' primary obligations are spelled out in detailed permit conditions, regulations, and statutes. According to Prof. Bergkamp, only if a primary obligation is breached, a private person should be liable for environmental harm. The system that Bergkamp advocates is an objective fault liability regime, in which public environmental law defines the standard of care for both government and industry. "In rebuilding our civil liability system, we should keep in mind that what is good for industry should be good for everyone (or it is not good for anyone), we should keep in mind that what is good for private parties should be good for the state (or it is not good for either). In rebuilding our civil liability system, the international law of State responsibility, which is unpolluted by risk spreading and activity level considerations, will guide us a long way." This book is aimed at advanced law students, academic scholars, and practitioners. In addition, it will be of interest to policy and legislative analysts, legislators, and government officials. Professor Bergkamp's book cannot be described as "solving" the problems of legal and regulatory control of environmental harm, whether within a nation or internationally. As suggested before, however, the very idea of a "solution" is illusory. All legal and regulatory regimes around the world are today and will remain for the future in a state of perpetually continuing development. The virtue of this fine book is that it moves the process of that development forward by a very substantial measure. from the Foreword by George L. Priest.
