Government powers Books

Book SynopsisAs the government increasingly uses commercial augmentation to perform many of its most basic functions, it is critically important that all employees understand the rules, expectations and boundaries that define the government-contractor relationship. The enormous shortfall of experienced acquisition personnel has left much of the burden of oversight and accountability to employees who are not trained in contracting regulations and procedures. Now, more than ever, all government employees and supervisors must possess a basic understanding of contract administration best practices and familiarity with rules and regulations governing the conduct of contractors in the workplace. This handbook introduces the fundamentals of managing government-contractor relations in a blended workforce. In Contractors in the Government Workplace: Managing the Blended Workforce, author Glenn Voelz offers best practices and tips for employees and junior supervisors tasked with managing hybrid government-contractor teams. Focusing primarily on service-based contracting, the most rapidly expanding element of government acquisitions over the past decade, he provides an understanding of the tools, techniques, rules, and regulations relating to supervision of contractors in the workplace. He also discusses legal, ethical, and security tips to help avoid common mistakes and violations of Federal Acquisition Regulation (FAR) guidelines. Voelz explains in a straightforward way all aspects of government contracting that acquisition personnel need to know, including the basics of service-based contracting, the government-contractor relationship, acquisition team responsibilities, administration procedures, contract language, common mistakes government managers may make, methods of evaluation, Performance-Based Service Acquisitions, and ethical and legal concerns. An extensive bibliography supplements the text along with several appendices which include a glossary of key acquisition terms, a checklist for reviewing and analyzing contracts, tips for writing Performance Statements and Statements of Work, and guidelines for contingency contracting and contracting in forward locations or austere environments.

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Book SynopsisThere are two oppositional narratives in relation to telling the story of indigenous peoples and minorities in relation to globalization and intellectual property rights. The first, the narrative of Optimism, is a story of the triumphant opening of brave new worlds of commercial integration and cultural inclusion. The second, the narrative of Fear, is a story of the endangerment, mourning, and loss of a traditional culture. While the story of Optimism deploys a rhetoric of commercial mobilization and “innovation,” the story of Fear emphasizes the rhetoric of preserving something “pure” and “traditional” that is “dying.” Both narratives have compelling rhetorical force, and actually need each other, in order to move their opposing audiences into action. However, as Picart shows, the realities behind these rhetorically framed political parables are more complex than a simple binary. Hence, the book steers a careful path between hope rather than unbounded Optimism, and caution, rather than Fear, in exploring how law functions in and as culture as it contours the landscape of intellectual property rights, as experienced by indigenous peoples and minorities. Picart uses, among a variety of tools derived from law, critical and cultural studies, anthropology and communication, case studies to illustrate this approach. She tracks the fascinating stories of the controversies surrounding the ownership of a Taiwanese folk song; the struggle over control of the Mapuche’s traditional land in Chile against the backdrop of Chile’s drive towards modernization; the collaboration between the Kani tribe in India and a multinational corporation to patent an anti-fatigue chemical agent; the drive for respect and recognition by Australian Aboriginal artists for their visual expressions of folklore; and the challenges American women of color such as Josephine Baker and Katherine Dunham faced in relation to the evolving issues of choreography, improvisation and copyright. The book also analyzes the cultural conflicts that result from these encounters between indigenous populations or minorities and majority groups, reflects upon the ways in which these conflicts were negotiated or resolved, both nationally and internationally, and carefully explores proposals to mediate such conflicts.Trade ReviewAn original work of seminal scholarship, Law In and As Culture: Intellectual Property, Minority Rights, and the Rights of Indigenous Peoples is exceptionally well written, organized and presented. Enhanced with the inclusion of twenty-two pages of Notes, and an eight page Index, Law In and As Culture is very highly recommended for inclusion in academic library Legal Studies and Cultural Studies reference collections and university level supplemental curriculum reading lists. * Midwest Book Review *This is a thought-provoking and useful survey and analysis of law and culture as they relate to the fast-moving field of intellectual property. The illustrative cases selected by Picart delve into complex issues of indigenous property; they are telling, captivating, and highly readable examples that lead to a deeper understanding of the competing interests and viewpoints involved in these conflicts. Picart offers the reader creative and novel steps to move the field of intellectual property forward in just and nuanced, yet pragmatic, ways. -- M C Mirow, Professor of Law, F I U College of Law, MiamiLaw In and As Culture is a fascinating study of the porosity of traditional knowledge cultural identities, and legal protections. Weaving a complex tapestry of theory and knowledge, Picart explores the tensions between legal cultures of individualism and communitarianism, egalitarianism and hierarchy, in the law of intellectual property. Exploring how highly legalistic developed nations appropriate the signs and cultural knowledges of indigenous peoples, Picart is able to offer a nuanced and sensitive solution to the translation gap that characterizes the post-modern global consumer world. -- Danaya C. Wright, Clarence J. TeSelle Professor of Law, University of Florida, Levin College of LawDr. Picart's book offers a unique and compelling analysis of indigenous peoples' rights in the context of intellectual property. This topic is gaining prominence in the scholarly literature in multiple contexts and is part of a growing call for legal recognition of and respect for indigenous culture and traditional knowledge. The book offers a valuable interdisciplinary analysis of key issues in this space, including the majoritarian cultural assumptions built into western intellectual property law and how this reality undermines effective legal protection of indigenous cultural practices. Dr. Picart effectively uses case studies of attempts to protect the intellectual property of indigenous peoples in different contexts to illustrate these challenges and the need for legal reform.This book is a tour de force that should be on the must read list of all who claim or aspire to be robust interdisciplinary scholars and care about the disciplines of law, culture, society, marginable populations, and attaining justice. Picart sophisticatedly deconstructs the often oppositional narratives about the intersection of indigenous peoples’ and minority populations’ interests on one side and the forces of globalization and intellectual property rights on the other. Recognizing that the narratives emerge from a much more complicated series of different realities and different voices, the author discredits the utility of deploying the binaries if one seeks to take a holistic look at all the energetics existing at the intersections. In one of the most efficient interdisciplinary approaches I have encountered, Picart utilizes theory and practice from various fields to unveil the flaws of the normative oppositional narratives and replaces these with the individualized complexity of a middle way – one that rejects the normative assumptions of culture and hierarchy and provides the methodological tools necessary to resolve controversies by reflecting upon the real conflicts generated through the superimposition of formal law as a means to resolve tensions that include deep cultural differences. As in prior work, her approach successfully and artfully debunks the myth that law is objective and neutral by showing how in instances of non-normative actors the law is structurally imbued with sex, race, gender, and cultural biases. -- Berta Esperanza Hernández-Truyol, Levin, Mabie & Levin Professor of Law, University of Florida Fredric G. Levin College of LawThrough concise conceptual explanations and examinations of contemporary cases dealing with Intellectual Property Rights (IPR), Picart describes responses to cross-cultural conflicts in this field as well as the strategies adopted by individuals and communities in fighting for ‘ownership’ of their IPR.... Her backgrounds and expertise as academic and practitioner contribute in providing a strong foundation for the book. * Anthropological Forum *Table of ContentsContents Acknowledgments Chapter 1: Between Mirroring Master Narratives of Fear and Optimism Chapter 2: Law In and As Culture Chapter 3: Negotiating Cultural Meanings of Intellectual Property Chapter 4: Colonial Appropriations of Marginalized Cultures Chapter 5: Attempting to Negotiate Differences in Cultural Clashes between Majoritarian Cultures and Indigenous Peoples Bibliography Index About the Author

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Book SynopsisSignificant changes have taken place pertaining to banking and finance regulations. In July 2010, Congress passed the Dodd-Frank Act, which outlined sweeping regulatory changes intended to bring greater transparency and oversight to the financial markets. Hedge fund managers were not exempt from increased scrutiny and regulation by state and federal regulatory agencies. Mandated by the Dodd-Frank Act, the SEC adopted new rules in 2011 that eliminated (again) the private adviser exemption, required more hedge fund managers to register with the SEC or a state authority, and required much more detailed and frequent reporting from most managers. The SEC and the Commodity Futures Trading Commission (CFTC) issued thousands of pages of proposals for new rules that directly or indirectly regulate investment advisers and hedge funds, and many have been adopted. Lawyers at SHARTSIS FRIESE LLP, one of the nation’s preeminent law firms in representing hedge fund managers, have once again pooled their expertise with a second edition to the U.S. Regulation of Hedge Funds to address recent developments and evolving regulations. This book is a top-to-bottom review of hedge fund regulation bringing together in a single, convenient volume a discussion of the wide array of securities, tax, ERISA and commodities laws that apply to hedge funds and their investment advisers. This resource surveys federal securities laws and rules applicable to the organization, capitalization and operations of private U.S. domestic investment partnerships that invest and trade mainly in the public securities markets. An invaluable resource for anyone who manages a hedge fund or counsels hedge funds managers.

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Book SynopsisConceived during the turbulent period of the late 1960s when 'rights talk' was ubiquitous, Federal Service and the Constitution, a landmark study first published in 1971, strove to understand how the rights of federal civil servants had become so differentiated from those of ordinary citizens. Now in a new, second edition, this legal-historical analysis reviews and enlarges its look at the constitutional rights of federal employees from the nation's founding to the present. Thoroughly revised and updated, this highly readable history of the constitutional relationship between federal employees and the government describes how the changing political, administrative, and institutional concepts of what the federal service is or should be are related to the development of constitutional doctrines defining federal employees' constitutional rights. Developments in society since 1971 have dramatically changed the federal bureaucracy, protecting and expanding employment rights, while at the same time Supreme Court decisions are eroding the special legal status of federal employees. Looking at the current status of these constitutional rights, Rosenbloom concludes by suggesting that recent Supreme Court decisions may reflect a shift to a model based on private sector practices.Trade ReviewProvides scholars, students of public administration, and public management practitioners with an invaluable overview of how courts have reshaped the public employment relationship. . . . [the book] should be mandatory reading for any student studing public administration and anyone serving as a government employee. * Public Administration Review *Table of ContentsPreface 1. The Public Employment Relationship 2. Development of the Public Employment Relationship, 1776-18293. The Spoils System and the Public Employment Relationship 4. Civil Service Reform and the Public Employment Relationship 5. Political Neutrality 6. Equality of Access to Civil Service Positions 7. Loyalty and Security 8. Building the Public Service Model 9. The Public Employment Relationship Today: Toward Convergence with the Private Sector? Bibliography Index

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Book SynopsisNow updated, this acclaimed resource is your complete guide to important national security law source material. This edition is now expanded, and for 2014 now includes: President Barack Obama's remarks on issues of national security and signals intelligence; Congressional Statements by key intelligence officials; New Cybersecurity for Critical Infrastructure Directive and Framework; New Privacy and Surveillance Reports and Guidelines, and more! Annually updated with feedback from leading national security law practitioners, this comprehensive collection of the laws, rules and regulations governing the United States Intelligence Community, and the carefully chosen context material is an invaluable resource for lawyers, academics, journalists and corporate officers alike.

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Book SynopsisTitle 45 presents regulations governing highly diverse welfare programs and projects. Family assistance, child support enforcement, the Commission on Civil Rights, community services, the National Foundation for the Arts and the Humanities, refugee resettlement, foreign claims settlement, the National Science Foundation, ACTION, and human development services (ranging from Head Start to programs for older persons), are among the topics included. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

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Book SynopsisTitle 46 presents regulations applied by the Coast Guard to merchant marine officers and seamen, uninspected vessels, tank vessels, load lines, marine engineering, documenting and measuring vessels, passenger vessels, cargo and miscellaneous vessels, offshore supply vessels, mobile offshore drilling units, electrical engineering, small passenger vessels, oceanographic vessels, occupational safety and health standards, and lifesaving systems. Maritime Administration regulations cover policies, practices and procedures, maritime carriers, subsidized vessels, vessel financing assistance, emergency operations, training, and ports. The Maritime Commission also holds the responsibility for maritime carriers, terminals, tariffs, domestic offshore commerce, and foreign commerce.

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Book SynopsisTitle 47 presents regulations impacting equipment, carrier services, broadcast radio services, safety and special radio services, and policies related to national security. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

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Book SynopsisPolice are nine times more likely to kill African-American men than they are other Americans—in fact, nearly one in every thousand will die at the hands, or under the knee, of an officer. As eminent constitutional scholar Erwin Chemerinsky powerfully argues, this is no accident, but the horrific result of an elaborate body of doctrines that allow the police and, crucially, the courts to presume that suspects—especially people of color—are guilty before being charged. Today in the United States, much attention is focused on the enormous problems of police violence and racism in law enforcement. Too often, though, that attention fails to place the blame where it most belongs, on the courts, and specifically, on the Supreme Court. A “smoking gun” of civil rights research, Presumed Guilty presents a groundbreaking, decades-long history of judicial failure in America, revealing how the Supreme Court has enabled racist practices, including profiling and intimidation, and legitimated gross law enforcement excesses that disproportionately affect people of color. For the greater part of its existence, Chemerinsky shows, deference to and empowerment of the police have been the modi operandi of the Supreme Court. From its conception in the late eighteenth century until the Warren Court in 1953, the Supreme Court rarely ruled against the police, and then only when police conduct was truly shocking. Animating seminal cases and justices from the Court’s history, Chemerinsky—who has himself litigated cases dealing with police misconduct for decades—shows how the Court has time and again refused to impose constitutional checks on police, all the while deliberately gutting remedies Americans might use to challenge police misconduct. Finally, in an unprecedented series of landmark rulings in the mid-1950s and 1960s, the pro-defendant Warren Court imposed significant constitutional limits on policing. Yet as Chemerinsky demonstrates, the Warren Court was but a brief historical aberration, a fleeting liberal era that ultimately concluded with Nixon’s presidency and the ascendance of conservative and “originalist” justices, whose rulings—in Terry v. Ohio (1968), City of Los Angeles v. Lyons (1983), and Whren v. United States (1996), among other cases—have sanctioned stop-and-frisks, limited suits to reform police departments, and even abetted the use of lethal chokeholds. Written with a lawyer’s knowledge and experience, Presumed Guilty definitively proves that an approach to policing that continues to exalt “Dirty Harry” can be transformed only by a robust court system committed to civil rights. In the tradition of Richard Rothstein’s The Color of Law, Presumed Guilty is a necessary intervention into the roiling national debates over racial inequality and reform, creating a history where none was before—and promising to transform our understanding of the systems that enable police brutality.Trade Review"Stunning... Chemerinsky presents a damning indictment of the Supreme Court... As Chemerinsky declares, the court’s record 'from 1986 through the present and likely for years to come, can easily be summarized: ‘The police almost always win....' Aside from the fact that he writes well, Chemerinsky... is also an experienced advocate, having appeared before the court on many occasions, and also having served as a consultant to those police forces who either by choice or necessity have tried to overhaul their practices. He bolsters his argument with examples from his own experiences, and his telling of the cases always starts with the people involved... Chemerinsky details a number of ways state and local governments can and should reform police procedures without having to go to court. Whether the furor unleashed by Black Lives Matter will lead to state and city governments reforming their police departments is yet to be seen, but all lawmakers, in fact all concerned citizens, need to read this book. It is an eloquent and damning indictment not only of horrific police practices, but also of the justices who condoned them and continue to do so." -- Melvin I. Urofsky - New York Times Book Review"Opens our eyes to a critical reason that we continue to have problems of police violence and racism in law enforcement... Chemerinsky masterfully presents his arguments by tying together current events with major Supreme Court decisions that laid the foundation for those conflicts... My criminal procedure students know this to be true. They read another book written by Chemerinsky and his co-author that goes through the cases. In the future, they may be assigned this one as well... Years from now, Americans may ask, “Did anyone stand up to the Supreme Court and pull back the curtain?” The answer will be “Yes.” Chemerinsky did just that. Now, it is time for all of us to take a good look." -- Laurie L. Levenson - Los Angeles Review of Books"One of the foremost U.S. Constitutional scholars and Supreme Court analysts, Chemerinsky (dean, Univ. of California, Berkeley, Sch. of Law; The Conservative Assault on the Constitution) cogently demonstrates in this book that the court bears much of the blame for police violence and racism in U.S. law enforcement.... An insightful primer for understanding the judicial decisions that support the United States’ prevailing authoritarian, paramilitary, racist approach to policing.... A thoughtful, provocative, and instructive must-read for anyone concerned with justice and domestic tranquility." -- Thomas J. Davis, Library Journal, starred review"The veteran legal affairs expert offers a powerful attack on a judiciary committed to advancing the police state . . . [Chemerinsky] suggests that because the Supreme Court will not restrain the police, state courts can and should invoke state constitutions in order to do so.' Necessary reading for civil libertarians, public defenders, and activists." -- Kirkus Reviews

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Book SynopsisTitle 12 presents regulations governing banking procedures and activities of the Comptroller of the Currency, the Federal Reserve System, the Federal Deposit Insurance Corporation, the Export-Import Bank, Office of Thrift Supervision, Farm Credit Administration, and the National Credit Union Administration. It also contains regulations pertaining to other types of banking operations. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.

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Book SynopsisTitle 5 presents the rules and regulations governing civil service and other employees of the executive branch departments and agencies. The 77 chapters cover the scope of procedures by organizational entity. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.

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Book SynopsisThis 700 page subject index, complete with cross references, helps researchers locate federal regulations applicable to the operations of government departments and agencies of the executive branch. The Parallel Table of Authorities and Rules provides a citation index of the codified promulgated rules in the Code of Federal Regulations. Also included are the 180-page List of CFR Titles, Chapters, Subchapters, and Parts; and the 9-page Alphabetical List of Agencies Appearing in the CFR. Additions and revisions are posted annually by January. Publication follows within six months.

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Book SynopsisTitle 10 presents regulations governing energy resources; nuclear, oil, alternative fuels, and natural gas; energy sales; and energy conservation.

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Book SynopsisTitle 20 presents regulations promulgated by the Department of Labor, Railroad Retirement Board, and the Social Security Administration to govern employees' benefits. These include workers' compensation programs, employment and training, and veterans' services. Additions and revisions to this section of the code are posted annually by April. Publication follows within six months.

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Book SynopsisTitle 29 presents regulations addressing labor management standards; wages and hours; equal employment; occupational safety; and pension and welfare benefits.

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Book SynopsisTitle 18 presents regulations governing the Department of Energy and other agencies overseeing the conservation of power and water resources. Agencies covered include: the Water Resources Council, the Tennessee Valley Authority, and other similar agencies. This title includes the Federal Power Act, Public Utility Regulatory Act, Natural Gas Act, Power Plant and Industrial Fuel Act, and the Interstate Commerce Act.

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Book SynopsisTitle 28 presents regulations by the Department of Justice and the Office of Independent Counsel that govern judicial administration. Chapters also address Federal Prison Industries and Bureau of Prisons. Subchapters address inmate admission, classification, and transfer; institutional management; and community programs and release.

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Book SynopsisTitle 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.

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Book SynopsisTitle 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.

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Book SynopsisTitle 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.

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Book SynopsisTitle 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.

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Book SynopsisTitle 15 presents regulations governing the Department of Commerce and other agencies involved with commerce and foreign trade, and includes rules for: National Security Industrial Base, Export Administration, National Weather Service, Environmental Data Service, Oil Pollution Act, Foreign Trade Agreements, and telecommunications and information. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.

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Book SynopsisTitle 10 presents regulations governing energy resources; nuclear, oil, alternative fuels, and natural gas; energy sales; and energy conservation.

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Book SynopsisTitle 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.

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Book SynopsisThis 700 page subject index, complete with cross references, helps researchers locate federal regulations applicable to the operations of government departments and agencies of the executive branch. The Parallel Table of Authorities and Rules provides a citation index of the codified promulgated rules in the Code of Federal Regulations. Also included are the 180-page List of CFR Titles, Chapters, Subchapters, and Parts; and the 9-page Alphabetical List of Agencies Appearing in the CFR. Additions and revisions are posted annually by January. Publication follows within six months.

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Book SynopsisTitle 1 presents the regulations that govern the activities of the Administrative Committee of the Federal Register, the Office of the Federal Register, and miscellaneous agencies such as the President's Commission on White House Fellowships, the National Capital Planning Commission, and the National Commission for Employment Policy. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.

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Book SynopsisTitle 5 presents the rules and regulations governing civil service and other employees of the executive branch departments and agencies. The 77 chapters cover the scope of procedures by organizational entity. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.

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