Law Books

Book SynopsisWhile the law can create conflict between religion and health, it can also facilitate religious accommodation and protection of conscience. Finding this balance is critical to addressing the most pressing questions at the intersection of law, religion, and health in the United States: should physicians be required to disclose their religious beliefs to patients? How should we think about institutional conscience in the health care setting? How should health care providers deal with families with religious objections to withdrawing treatment? In this timely book, experts from a variety of perspectives and disciplines offer insight on these and other pressing questions, describing what the public discourse gets right and wrong, how policymakers might respond, and what potential conflicts may arise in the future. It should be read by academics, policymakers, and anyone else - patient or physician, secular or devout - interested in how US law interacts with health care and religion.Trade Review'Health care - in particular, care related to sexuality and procreation - has become the epicenter of the struggle to define religious liberty in America. From insurance mandates to professional autonomy, from refusing reproductive care to 'treating' homosexuality, and from defining life to defining death, Law, Religion, and Health in the United States is essential reading.' R. Alta Charo, Sheldon B. Lubar Distinguished Research Chair and Warren P. Knowles Professor of Law and Bioethics, University of Wisconsin, Madison'This timely volume addresses a wide array of deep religious, ethical, legal, and technological quandaries that swirl around the increasingly complex world of health care in the United States. Bringing together top scholars from divergent disciplines and perspectives, this book will be essential reading for those who wrestle with power over life and death in a divided country where there are no one-size-fits-all answers.' Sarah Barringer Gordon, Arlin M. Adams Professor of Constitutional Law and Professor of History, University of Pennsylvania'This impressive volume offers an in-depth analysis of a broad range of issues at the intersection of law, religion, health care, and public policy. … Many of the contributors are noted scholars and all bring substantial expertise to their essays. All of the essays are well-documented with extensive citations. Legal analyses are frequently enriched with historical and socio-cultural context. The authors' introduction provides an excellent overview of the many chapters.' Robert S. Olick, Journal of Church and StateTable of ContentsPart I. Testing the Scope of Legal Protections for Religion in the Health Care Context: 1. Religious liberty, health care, and the culture wars Douglas Laycock; 2. From Smith to Hobby Lobby: the transformation of the religious freedom restoration act Diane L. Moore and Eric M. Stephen; 3. The HHS Mandate Litigation and religious health care providers Adèle Keim; 4. Not your father's religious exemptions: the contraceptive-coverage litigation and the rights of others Gregory M. Lipper; 5. Recent applications of the Supreme Court's hands-off approach to religious doctrine: from Hosanna-Tabor and Holt to Hobby Lobby and Zubik Samuel J. Levine; Part II. Law, Religion, and Health Care Institutions: Introduction Christine Mitchell; 6. A corporation's exercise of religion: a practitioner's experience Melanie Di Pietro; 7. The natural person as the limiting principle for conscience: can a corporation have a conscience if it doesn't have an intellect and will? Ryan Meade; 8. Contracting religion Elizabeth Sepper; 9. Mission integrity matters: balancing catholic health care values and public mandates David M. Craig; Part III. Law, Religion, and Health Insurance: Introduction Marc A. Rodwin; 10. Religious exemptions to the individual mandate: health care sharing miniseries and the Affordable Care Act Rachel E. Sachs; 11. Bosses in the bedroom: religious employers and the future of employer-sponsored health care Holly Fernandez Lynch and Gregory Curfman; Part IV. Professional Responsibilities, Religion, and Health Care: Introduction Holly Fernandez Lynch; 12. Religious outliers: professional knowledge communities, individual conscience claims, and the availability of professional services to the public Claudia E. Haupt; 13. A common law duty to disclose conscience-based limitations on medical practice Nadia N. Sawicki; Part V. The Impact of Religious Objections on the Health and Health Care of Others: Introduction Richard H. Fallon Jr; 14. Conscientious objection, complicity, and accommodation Amy J. Sepinwall; 15. How much may religious accommodations burden others? Nelson Tebbe, Micah Schwatzman and Richard Schragger; 16. 'A patchwork array of theocratic fiefdoms?' RFRA claims against ACA's contraception mandate Mary Anne Case; 17. Unpacking the relationship between conscience and access Robin Fretwell Wilson; Part VI. A Case Study – Religious Beliefs and the Health of the LGBT Community: Introduction Noa Ben-Asher; 18. Religious convictions about homosexuality and the training of counseling professionals: how should we treat religious-based opposition to counseling about same-sex relationships? Susan Stabile; 19. Reclaiming biopolitics: religion and psychiatry in the sexual orientation change therapy cases and the establishment clause defense Craig Konnoth; Part VII. Accounting for Patients' Religious Beliefs: Introduction Robert D. Truog; 20. Brain death rejected: expanding legal duties to accommodate religious objections Thaddeus Mason Pope; 21. Accommodating miracles: medical futility and religious free exercise Teneille R. Brown; 22. Putting the insanity defense on trial: understanding criminality in the context of religion and mental illness Abbas Rattani and Jemen Amin Derbali; 23. Religion as a controlling interference in medical decision-making by minors Jonathan F. Will; Part VIII. Religion and Reproductive Health Care: Introduction Mindy Jane Roseman; 24. Regulating reasons: governmental regulation of private deliberation in reproductive decision-making B. Jessie Hill; 25. Religion and reproductive technology I. Glenn Cohen; 26. Religion and the unborn under the first amendment Dov Fox.

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Book SynopsisProblems regarding the nature of consent are at the heart of many of today''s most pressing issues. For example, the #MeToo movement has underscored the need to move beyond viewing consent as a simple matter of yes or no. Consent is complex because humans and their relationships are complicated. Humans, as a result of cognitive limitations and emotional and physical vulnerabilities, are susceptible to manipulation and mistakes. Given the potential for regret, are there some things to which one should not be permitted to consent? The consentability quandary becomes more urgent with technological advances. Should we allow body hacking? Cryonics? Consumer travel to Mars? Assisted suicide? In Consentability: Consent and Its Limits, Nancy S. Kim proposes a bold, original framework for evaluating consentability, which considers the complexities surrounding consent.Trade Review'Nancy Kim has reset the stage in terms of how consent should be understood and governed within the law. In rich prose, she explains there are 'reasons to doubt the invincibility of consent', and with that she takes the reader on an intellectually rich journey. This is the rarest of books, because scholars across many disciplines will want to read and reference it. At a time in which consent is mired in confusion and conflict, she offers a clear and rich analysis on how we got here.' Michele Goodwin, Chancellor's Professor of Law, University of California, Irvine'Should the law protect us from ourselves? Nancy Kim's timely and interesting book examines this question through the lens of consent and its limits. Ironically, in an era of increasing choice regarding how to live, die, and procreate, we also understand better than ever the limits of human capacity to make wise choices. What the law should do about that, however, is far from clear.' Kimberly Krawiec, Kathrine Robinson Everett Professor of Law, Duke University, North Carolina'With Consentability, Nancy Kim has cemented her reputation as a leading authority on contracting theory. Kim confronts cutting edge ethical questions about the boundaries of consent, drawn from real-life scenarios involving harmful and potentially life-threatening contracting decisions. Her carefully crafted analysis balances values of autonomy against community needs and mores and once again offers a framework to help us think more clearly about the meaning of consent.' Deborah Zalesne, City University of New York'… a good overview, clearly written, and accessible even to nonspecialists.' B. Gregg, ChoiceTable of ContentsIntroduction; Part I. The Contours of Consent: 1. What does it mean to consent? 2. The hard cases; Part II. Consentability and Contractability: 3. A consentability framework; 4. Consent and contracts; Part III. The Regret Principle and the Opportunism Corollary: Application: 5. Improving the conditions of consent; 6. Reducing opportunism; 7. Revisiting the hard cases – some final thoughts; Conclusion; List of cases; List of statutes; Bibliography; Index.

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Book SynopsisFamilies and family law have encountered significant challenges in the face of rapid changes in social norms, demographics and political expectations. The Cambridge Companion to Comparative Family Law highlights the key questions and themes that have faced family lawyers across the world. Each chapter is written by internationally renowned academic experts and focuses on which of these themes are most significant to their jurisdictions. In taking this jurisdictional approach, the collection will explore how different countries have tackled these issues. As a result, the collection is aimed at students, practitioners and academics across a variety of disciplines interested in the key issues faced by family law around the world and how they have been addressed.Trade Review'A stimulating collection of scholarly essays, exploring the key current family law issues in a range of jurisdictions and highlighting a variety of common underlying themes influencing contemporary family law systems. An excellent source for comparative thought about family law.' Stephen Gilmore, King's College London'This rich collection of essays challenges readers to think about the lens through which they view family law, and the even more fundamental question of how we determine what the law is. Each contributor focuses on the issues that are most salient within their particular jurisdiction or area, and adopts a different framework for analysing the issues, from constitutionalism to religious laws. This approach lays bare the assumptions that may be taken for granted within any given jurisdiction, and enables a deeper comparison to be undertaken.' Rebecca Probert, University of Exeter'A fascinating and wide-ranging tour of current developments, debates, and dilemmas in family law around the globe. What an intriguing premise: Ask leading scholars in select jurisdictions to identify the crucial issues and recurrent themes in family law in their respective countries today. The sum is even greater than the parts, as the comparative dimension elevates this volume above more insular examinations of contemporary family law in just one country. Anyone who wants a broad and well-informed understanding of family law in the modern world, including how it operates in practice as well as how it is evolving on the books, should read this volume cover to cover.' James G. Dwyer, College of William and Mary, VirginiaTable of ContentsIntroduction; 1. Contemporary issues in family law in England and Wales Rosemary Hunter; 2. Family law in the United States Theresa Glennon; 3. Human rights in the family law context Bettina Heiderhoff; 4. Australian family property law: just and equitable' outcomes? Belinda Fehlberg and Lisa Sarmas; 5. Towards the constitutionalization of family law in Latin America Nicolás Espejo and Fabiola Lathrop; 6. The nuclear norm and the free-form family – irreconcilable paths in Swedish family law? Pernilla Leviner; 7. South African family law and the chimera of diversity Anne Louw; 8. The post-divorce child support system in China: past, present and future Lei Shi; 9. The problem with personal law Farrah Ahmed; 10. The post-colonial fallacy of 'Islamic' family law Abdullahi Ahmed An-Na'im.

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Book SynopsisThe application and interpretation of the four Geneva Conventions of 1949 and their two Additional Protocols of 1977 have developed significantly in the sixty years since the International Committee of the Red Cross (ICRC) first published its Commentaries on these important humanitarian treaties. To promote a better understanding of, and respect for, this body of law, the ICRC commissioned a comprehensive update of its original Commentaries. Its preparation was coordinated by Jean-Marie Henckaerts, ICRC legal adviser and head of the project to update the Commentaries. The First Convention is a foundational text of international humanitarian law. It contains the essential rules on the protection of the wounded and sick, those assigned to their care, and the red cross and red crescent emblems. This article-by-article Commentary takes into account developments in the law and practice to provide up-to-date interpretations of the Convention. The new Commentary has been reviewed by humanitarTable of ContentsIntroduction; Preamble; Part I. General Provisions: Article 1. Respect for the Convention; Article 2. Application of the Convention; Article 3. Conflicts not of an international character; Article 4. Application by neutral powers; Article 5. Duration of application; Article 6. Special agreements; Article 7. Non-renunciation of rights; Article 8. Protecting Powers; Article 9. Activities of the ICRC and other impartial humanitarian organizations; Article 10. Substitutes for protecting powers; Article 11. Conciliation procedure; Part II. Wounded and Sick: Article 12. Protection and care of the wounded and sick; Article 13. Protected persons; Article 14. Status of the wounded and sick who have fallen into enemy hands; Article 15. Search for casualties. Evacuation; Article 16. Recording and forwarding of information; Article 17. Prescriptions regarding the dead. Graves Registration Service; Article 18. Role of the population; Part III. Medical Units and Establishments: Article 19. Protection of medical units and establishments; Article 20. Protection of hospital ships; Article 21. Discontinuance of protection of medical units and establishments; Article 22. Conditions not depriving medical units and establishments of protection; Article 23. Hospital zones and localities; Part IV. Personnel: Article 24. Protection of permanent personnel; Article 25. Protection of auxiliary personnel; Article 26. Personnel of aid societies; Article 27. Societies of neutral societies; Article 28. Retained personnel; Article 29. Status of auxiliary personnel who have fallen into enemy hands; Article 30. Return of medical and religious personnel; Article 31. Selection of personnel for return; Article 32. Return of personnel belonging to neutral countries; Part V. Buildings and Material: Article 33. Buildings and material of medical units and establishments; Article 34. Property of aid societies; Part VI. Medical Transports: Article 35. Protection of medical transports; Article 36. Medical aircraft; Article 37. Flight over neutral countries. Landing of the wounded and sick; Part VII. The Distinctive Emblem: Article 38. Emblem of the Convention; Article 39. Use of the emblem; Article 40. Identification of medical and religious personnel; Article 41. Identification of auxiliary personnel; Article 42. Marking of medical units and establishments; Article 43. Marking of units of neutral countries; Article 44. Restrictions in the use of the emblem. Exceptions; Part VIII. Execution of the Convention: Article 45. Detailed execution. Unforeseen cases; Article 46. Prohibition of reprisals; Article 47. Dissemination of the Convention; Article 48. Translations. Implementing laws and regulations; Part IX. Repression of Abuses and Infractions: Article 49. Penal sanctions; Article 50. Grave breaches; Article 51. Responsibilities of the contracting parties; Article 52. Enquiry procedure; Article 53. Misuse of the emblem; Article 54. Prevention of misuse of the emblem; Final provisions; Article 55. Languages; Article 56. Signature; Article 57. Ratification; Article 58. Coming into force; Article 59. Relation to previous conventions; Article 60. Accession; Article 61. Notification of accessions; Article 62. Immediate effect; Article 63. Denunciation; Article 64. Registration with the United Nations; Testimonium and signature clause.

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Book SynopsisChildren are the victims of some of the most devastating examples of state-sanctioned and private human rights abuse. In increasing numbers, they are attempting to find international protection, and are forced to navigate complex administrative and legal processes that fail to take into account their distinct needs and vulnerabilities. The key challenges they face in establishing entitlement to refugee protection are their invisibility and the risk of incorrect assessment. Drawing on an extensive and original analysis of jurisprudence of leading common law jurisdictions, this book undertakes an assessment of the extent to which these challenges may be overcome by greater engagement between international refugee law and international law on the rights of the child. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of refugee children.Trade Review'This book is an exceptional contribution to international refugee law; it displays originality and rigour throughout. It is a remarkable achievement and a major scholarly intervention in ongoing conversations about the future direction of international refugee law. The arguments advanced will have a profound impact on the approach to the relationship between international human rights law and refugee law, and will assist in reshaping legal and policy responses.' Colin Harvey, Queen's University, Belfast'This creative work of scholarship will raise the visibility of the many thousands of children now in search of refuge and protection. It identifies and clarifies relevant and operative rights, and provides a solid jurisprudential bridge between refugee status and the best interests of the child. What is more, it underlines the immediate obligations of States, whose active and protective intervention is required if children on the move are not to lose what can never be recovered - their childhood.' Guy S. Goodwin-Gill, Emeritus Professor of International Refugee Law, University of Oxford'Meticulous research has been accompanied by rigorous scholarship to produce a work that anyone working in the field of child refugee law must read.' John Tobin, Director of Studies, Human Rights Law, Faculty of Law, University of Melbourne'This book is an important addition to the leading texts on refugee law. It combines deep erudition, clear exposition and excellent analysis. It is essential reading for scholars, practitioners and judges interested in this field.' Raza Husain QC, Matrix Chambers'This book is published at just the right time, when there is increasing sophistication among practitioners and scholars about the complex issues involved in theorizing protection claims and providing effective representation to children refugees, accounting for their unique needs and vulnerabilities as children. Pobjoy's treatise is not only a major scholarly achievement, but it will have practical uses as well for lawyers representing refugee children, especially as they consider alternative and supportive international frameworks (such as the Convention on the Rights of the Child) beyond the familiar Refugee Convention context.' Deborah Anker, Director and Clinical Professor of Law, Harvard Immigration and Refugee Clinical Program, Harvard Law School, Massachusetts'The Child in International Refugee Law is an important book that should prompt discussion and debate on several fronts. Every substantial part of it prompts reflection about difficult and unjustly neglected aspects of international refugee law, and some elements represent potential building blocks for a positive reconsideration and development of international refugee law to better align with obligations created by the CRC [Convention on the Rights of the Child]. Overall, the work provides a substantial basis for what should be a continuing attention to all of the topics covered.' Eric Fripp, International Journal of Refugee Law'… this book starts a conversation that has been needed for a long time, and will undoubtedly be considered by scholars and decision makers alike.' Sarah Staples, AmeriQuests (www.ameriquests.org)Table of ContentsIntroduction; 1. Situating the refugee child in international law; 2. The child and the refugee status determination process; 3. An age-sensitive assessment of risk; 4. A child rights framework for identifying persecutory harm; 5. Nexus to a convention ground; 6. The convention on the rights of the child as a complementary source of protection; Conclusions; Annex 1. CRC, preamble and Articles 1 to 41; Annex 2. Refugee Convention, preamble and Article 1; Annex 3. Final act of the Conference of Plenipotentiaries, Recommendation B (principle of family unity).

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Book SynopsisIn Red Zones, Marie-Eve Sylvestre, Nicholas Blomley, and Céline Bellot examine the court-imposed territorial restrictions and other bail and sentencing conditions that are increasingly issued in the context of criminal proceedings. Drawing on extensive fieldwork with legal actors in the criminal justice system, as well as those who have been subjected to court surveillance, the authors demonstrate the devastating impact these restrictions have on the marginalized populations - the homeless, drug users, sex workers and protesters - who depend on public spaces. On a broader level, the authors show how red zones, unlike better publicized forms of spatial regulation such as legislation or policing strategies, create a form of legal territorialization that threatens to invert traditional expectations of justice and reshape our understanding of criminal law and punishment.Trade Review'A brilliant contribution to criminal law and criminal law theory! In their remarkable empirical and legal study on Red Zones, Marie-Eve Sylvestre and her colleagues, Nicholas Blomley and Céline Bellot, show how the quotidian forms of law's technical practices - such as bail and probation supervision - have a momentous impact on the administration of the criminal law, on punishment practices, and on our own understandings and expectations of justice. Chock full of insights about how these practices function to regulate the poor and create both spatial and temporal effects that make rights arguments and resistance far more difficult, Red Zones is a must read for anyone studying criminal law, criminal law theory, and policing.' Bernard E. Harcourt, Isidor and Seville Sulzbacher Professor of Law, Columbia University'A huge contribution to criminology and to urban geography, this book shows, with vast amounts of data, that low-level judicial proceedings such as bail act in a dysfunctional manner by imposing unrealistic spatial prohibitions on those who most need to access services and friends in stigmatized downtown areas. The far-ranging empirical research, carried out mainly in Vancouver and Montreal, is of great relevance not only across Canada but throughout North America, since the practice of imposing 'red zones' (spatial prohibitions) through probation, parole and other lower-court and police mechanisms has become ubiquitous.' Mariana Valverde, University of Toronto'Red Zones is a highly original and ground-breaking book that compellingly reveals how marginalized peoples are increasingly governed through territory and time via criminal law and justice processes. Its rare combination of legal theory and rich empirical data will appeal to legal scholars, criminologists and geographers alike.' Randy K. Lippert, University of WindsorTable of ContentsList of figures; List of maps; List of tables; Acknowledgments; Table of cases; Table of legislation; 1. Navigating the territories of the law; Part I. Foundations: 2. Law and territory, a legal geography; 3. 'Recognizances to keep the peace and be of good behaviour': the legal history of red zones and conditions of release; Part II. Expansion: 4. Territory widening; 5. The shifting and expanding terrain of criminal justice management; Part III. Territorialization and its Consequences: 6. Territorializing: how legal territory is made and justified; 7. Conditional life inside the red zone; 8. Red zoning politics; Conclusion; 9. Red zones in and out of the courtroom; Bibliography; Index.

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Book SynopsisThis volume explores how societies are addressing challenging questions about the relationship between expression, traditional and societal values, and the transformations introduced by new information communications technologies. It seeks to identify alternative approaches to the role of speech and expression in the organization of societies as well as efforts to shape the broader global information society. How have different societies or communities drawn on the ideas of philosophers, religious leaders or politicians, both historical and contemporary, that addressed questions of speech, government, order or freedoms and applied them, with particular attention to applications in the digital age? The essays include a wide variety of cultural and geographic contexts to identify different modes of thinking. The goal is to both unpack the ''normative'' internet and free expression debate and to deepen understanding about why certain internet policies and models are being pursued in very Table of ContentsForeword András Sajó; Introduction: 1. Speech and society in comparative perspective Monroe Price and Nicole Stremlau; Part I. Revisiting International Norms: 2. Islam, human rights and the new information technologies Ali Allawi; 3. Closure, strategic communications and international norms Monroe Price; Part II. Dewesternizing Tendencies: 4. Confucian speech and its challenge to the Western theory of deliberative democracy Baogang He; 5. From Gandhi to Modi: institutions and technologies of speech and symbolism in India William Gould; 6. The making of a media system in Uganda: a new vision and a revolutionary origin Nicole Stremlau; 7. Neoliberal 'good governance' in Lieu of rights: Lee Kuan Yew's Singapore experiment Cherian George; 8. Atatürk and contemporary speech lessons from the Late Ottoman and Early Republican Era Altug Akin; 9. Jewish law and ethics in the digital era Yoel Cohen; Part III. The West as Progenitor and Modifier of Concepts of Free Expression: 10. Where should speech be free? Placing liberal theories of free speech in a wider context Richard Danbury; 11. The history, philosophy and law of free expression in the United States: implications for the digital age Stephen M. Feldman; 12. The evolution of a Russian concept of free speech Elena Sherstoboeva; Part IV. Technology and Ideologies in Turbulent Times: 13. Free speech, traditional values and Hinduism in the internet age Rohit Chopra; 14. Cyber-Leninism: the political culture of the Chinese internet Rogier Creemers; 15. French national values, paternalism and the evolution of digital media Julien Mailland; 16. Strategies and tactics: re-shaping the internet in Ethiopia Iginio Gagliardone; Part V. Conclusion: 17. Philosophies and principles in turbulent times Monroe Price and Nicole Stremlau; Index.

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Book SynopsisCould a feminist perspective change the shape of tax laws? Feminist reasoning and analysis are recognized as having tremendous potential to affect employment discrimination, sexual harassment, and reproductive rights laws - but they can likewise transform tax law (as well as other statutory or code-based areas of the law). By highlighting the importance of perspective, background, and preconceptions on reading and interpreting statutes, this volume shows what a difference feminist analysis can make to statutory interpretation. Feminist Judgments: Rewritten Tax Opinionsbrings together a group of scholars and lawyers to rewrite tax decisions in which a feminist emphasis would have changed the outcome, the court''s reasoning, or the future direction of the law. Featuring cases including medical expense deductions for fertility treatment, gender confirmation surgery, tax benefits for married individuals, the tax treatment of tribal lands, and business expense deductions, this volume opens Trade Review'… the book is a beautiful gift, not only to tax scholars and professionals, but also to women's rights advocates and political actors who aim at fostering substantive gender equality, including as regards taxation.' Alice Pirlot, Literature reviewTable of ContentsPart I. Introduction and Overview: 1. Introduction to the Feminist Judgments: Rewritten Tax Opinions Project Bridget J. Crawford and Anthony C. Infanti; 2. Feminist judging for substantive gender equality in tax law: changing international and comparative constitutional contexts Kathleen A. Lahey; Part II. The Feminist Judgments: 3. United States v. Rickert, 188 US 432 (1903) Chloe Thompson and Grant Christensen; 4. Lucas v. Earl, 281 U.S. 111 (1930) Francine J. Lipman and Ann Murphy; 5. Welch v. Helvering, 290 US 111 (1933) Nicole Appleberry and Mary Louise Fellows; 6. United States v. Davis, 370 US 65 (1962) Linda M. Beale and Patricia A. Cain; 7. Bob Jones University v. United States, 461 US 574 (1983) Elaine Waterhouse Wilson and David A. Brennen; 8. Manufacturers Hanover Trust Co. v. United States, 75 F.2d 459 (2d Cir. 1985) Mildred Wigfall Robinson and Mary L. Heen; 9. Estate of Clack, 106 T.C. 131 (1996) Goldburn P. Maynard, Jr and Wendy C. Gerzog; 10. Cheshire v. Commissioner, 115 T.C. 183 (2000), aff'd, 282 F.3d 326 (5th Cir. 2002) Michelle L. Drumbl and Danshera Cords; 11. Magdalin v. Commissioner, 96 T.C.M. (CCH) 491 (2008), aff'd, 2010–1 US Tax Cas. (CCH) 50,150 (1st Cir. 2009) Katherine Pratt and Jennifer Bird-Pollan; 12. O'Donnabhain v. Commissioner, 134 T.C. 34 (2010), acq., 2011-47 I.R.B. 789 (Nov. 21, 2011) Nancy J. Knauer and David B. Cruz; 13. United States v. Windsor, 133 S. Ct. 2675 (2013) Allison Anna Tait and Ruthann Robson.

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Book SynopsisThe Telegraph is an award-winning, multimedia news brand that has been synonymous with quality, authority and credibility for more than 165 years. Telegraph Media Group (TMG) is the publisher of The Daily Telegraph and The Sunday Telegraph, The Telegraph Magazine, Telegraph.co.uk, the Telegraph app and a number of books, including the annual Telegraph Tax Guide.Table of Contents Chapter - 00: Introduction; Chapter - 01: You and HMRC; Chapter - 02: Tax rates and allowances; Chapter - 03: Tax credits; Chapter - 04: Interest payments and other outgoings; Chapter - 05: Working in employment; Chapter - 06: Value Added Tax; Chapter - 07: Working for yourself; Chapter - 08: National Insurance and state benefits; Chapter - 09: State and private pensions; Chapter - 10: Savings and investment income; Chapter - 11: The family unit; Chapter - 12: Residence and domicile; Chapter - 13: Capital gains; Chapter - 14: How to complete your Tax Return and work out your tax; Chapter - 15: Paying your tax, interest and penalties; Chapter - 16: Elections and claims: time limits; Chapter - 17: Inheritance Tax; Chapter - 18: Budget measures;

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Book SynopsisTristram and Coote''s Probate Practice is the definitive work on probate and is extensively referred to by the Probate Registries. This new edition, fully updated since the 31st edition and supplement set, contains up to date, expert guidance on all aspects of probate procedure and is accompanied by a CD-ROM containing precedents recommended by Probate Registrars. The text is written by a team of experts drawn from the judiciary, probate registry and the Capital Taxes Office and is fully updated to include all new developments since the 31st edition.The precedents are accepted by the Probate Registry and come recommended, making this new edition essential for all practitioners working within this complex area of the law.

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Book SynopsisWilliams on Wills has long been recognised as the leading text in the area of wills. Considered to be the definitive practitioner textbook, the new edition has been fully revised and updated for 2021. As always, the title will consist of two volumes, the second of which comprises an extensive collection of gold standard precedents both for complete wills and clauses used in wills, also included on a CD in Word format ready to edit and use in practice.Included in this new edition - Vol. 1:* Case law updates since the last supplement in 2018;* Additional commentary on digital assets;* New commentary on the Covid attestation rules. Vol. 2:* New RNRB precedents added where appropriate, including 2-yr, 2-day spousal interest in possession* New precedent wording for a ''Covid attestation'' clause;* Discussion of Brexit.

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Book SynopsisSheriff Alastair Brown draws on his extensive experience in practice to present a clear and up-to date overview of the conduct of criminal cases, taking into account updates relating to the law of arrest, the treatment of vulnerable witnesses, the sentencing powers for non-harassment orders and the First Diet procedure.

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Book SynopsisHow far did the European Union (EU) referendum result of 23 June 2016 really justify and necessitate the policies executed in response to it? What are the implications of that vote and its prolonged aftermath for the United Kingdom (UK) constitution? What other challenges does our political system face? This book seeks to answer these questions. It considers from a constitutional perspective the way in which the decision to leave the EU was taken and then implemented, discussing in particular the role of Parliament. It includes a close analysis of the referendum legislation, and relevant Commons debates. Adapting methods from applied history, the author considers the wider implications of Brexit by assessing a series of proposals for constitutional reform produced in the UK since 1900. He addresses features of the UK system including referendums, representative democracy, Parliament, devolution, and the executive, from both an historic and contemporary point of view. The book assesses other issues that do not arise directly from Brexit but that have constitutional implications and a global aspect to them. They include political applications of the Internet and climate change. Finally, the author makes a series of proposals for reforms that will help the democratic system of the UK to adapt to its changing environment.Trade ReviewStretching the Constitution by Andrew Blick, a constitutional scholar, is refreshing in that it employs a unique approach by seeking to place Brexit within the wider context of constitutional reform debates going back over the course of the past century... The historical context provided to contemporary debates is insightful, but also very instructive in introducing the modern reader to materials of which they would in many instances have been ignorant or unaware. Anyone who purports to be a scholar of constitutional affairs should read Stretching the Constitution. -- Dr Gary Wilson, Senior Lecturer in Law at Liverpool John Moores University * LSE Review of Books *Stretching the Constitution is insightful and thought-provoking. The book is recommended to scholars of constitutional affairs as well as to “political junkies” curious about the historical parallels and precedents behind the Brexit process. -- Donata Krakowski-White * Canadian Law Library Review *This book brutally dissects the democratic calamity our constitutional system brought upon itself through the European Union referendum of June 2016. But it also gives cause for optimism. By looking to the past, the author uncovers possible solutions to many of the dilemmas we face today. They range from the tension between direct and representative government to the abuse of online campaigning. All those concerned about the future of the United Kingdom constitution must read Blick’s latest work. -- Graham Allen, Visiting Professor, King’s College London. Chair of the House of Commons Political and Constitutional Reform Committee, 2010–2015.Table of ContentsIntroduction Part 1: Brexit and the constitution Chapter 1 The constitutional connotations Chapter 2 The basis for the 2016 referendum: law, politics and the constitution Part 2: The Past and the Future Chapter 3 Multi-state organisations Chapter 4 Advocating the referendum Chapter 5 Representative democracy: reform and challenge Chapter 6 Programmes for Parliament Chapter 7 The territorial constitution Chapter 8 The executive: organisation, power and constraint Chapter 9 The digital constitution Conclusions

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Book Synopsis5 ***** Mail on Sunday ‘An absolutely gripping read’ Andrew Marr ‘Probably the most important book on the state of British policing you’ll ever read' Graham Bartlett Jess McDonald was a true crime junkie and Line of Duty sofa sleuth with a strong sense of justice. Under a year later, thanks to a controversial new initiative, she was a detective in the London Metropolitan Police Service. The Met Police’s Direct Entry Detective scheme was aimed at turning people with no experience of the police into detectives. When it was launched, to tackle an unprecedented recruitment crisis, over 4,500 people, Jess included, applied. But why, within just a year of qualifying, had the majority of Jess’ cohort resigned? No Comment is Jess’ candid, eye-opening and often shocking account, exploring the reality of being a detective in the Met and responsible for ‘keeping London safe for everyone’. In her incisive book she explores the challenges of life on the front line, dealing almost exclusively with serious crimes against women, and what that reveals about the Met Police now.Trade ReviewProbably the most important book on the state of British policing you’ll ever read. Written with candour and balance, Jess McDonald lifts the lid on why cultural change is nigh on impossible in the Metropolitan Police and how the justice system conspires against the most vulnerable. A brilliant read which should be compulsory for all Chief Officers if they are serious about understanding what life is really like at the coal face -- Graham BartlettI was gripped by this unflinching close-up account of life as a new Met detective. As a female outsider, McDonald offers a rare insight into the current state of the UK’s biggest and most controversial police force - a world usually painfully resistant to scrutiny. No Comment is essential reading for anyone interested in the questions being asked of the Met today, and its passionate call for change could hardly be more timely -- Katherine FaulknerIt's an excellent insight into modern policing and how the system fails to protect victims, communities and the people who work in the job. Jess writes about complex, dark subjects with humanity and warmth. It's a must-read for anyone who has ever wondered what happens after they've called 999 and a shocking indictment of a system not fit for purpose -- Angela Kirwin, author of Criminal: How Our Prisons Are Failing Us All

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book SynopsisThis book is a compilation of CRS reports on defense policies. Some topics discussed herein include the United States Special Operations Command, US withdrawals from treaties and other international agreements, artificial intelligence development and the North Atlantic Treaty Organization.

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Book SynopsisThis book is a compilation of CRS reports on childrens issues and legislation. Some topics discussed herein include runaway and homeless youth, unauthorized childhood arrivals, the Taxpayer Relief Act of 1997, the Missing Childrens Assistance Act and the Deferred Action for Childhood Arrivals policy.

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Book SynopsisThe principal statute addressing air quality concerns, the Clean Air Act was first enacted in 1955, with major revisions in 1970, 1977, and 1990 and is addressed in the first part of this book. Congressional actions on air quality issues have been dominated since 2011 by efforts particularly in the Houseto change the Environmental Protection Agencys (EPAs) authority to promulgate or implement new emission control requirements. EPAs regulations on greenhouse gas emissions from electric power plants and from oil and gas industry sources have been of particular interest, as have the agencys efforts to revise ambient air quality standards for ozone. The 115th Congress and the Trump Administration are reviewing some of these regulations, with the possibility of their modification or repeal. On October 23, 2015, the U.S. Environmental Protection Agency (EPA) published its final Clean Power Plan rule (Rule) to regulate emissions of greenhouse gases (GHGs), specifically carbon dioxide (CO2), from existing fossil fuel-fired power plants. The aim of the Rule, according to EPA, is to help protect human health and the environment from the impacts of climate change. The Clean Power Plan would require states to submit plans to achieve state-specific CO2 goals reflecting emission performance rates or emission levels for predominantly coal- and gas-fired power plants, with a series of interim goals culminating in final goals by 2030.

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Book SynopsisThe Centers for Medicare & Medicaid Services (CMS) -- a federal agency within the Department of Health and Human Services (HHS) -- and states jointly administer and fund the Medicaid program. States have flexibility within broad federal requirements to design and implement their Medicaid programs. States must submit a state Medicaid plan to CMS for review and approval. A states approved Medicaid plan outlines the services provided and the groups of individuals covered. While states must cover certain mandatory populations and benefits, they have the option of covering other categories of individuals and benefits.

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Book SynopsisThe Alien Tort Claim Act, aka the Alien Tort Statute, was part of the Judiciary Act of 1789. Only in 1980 did the U.S. federal courts find any significant meaning in it. Initially, the ATCA applied to violations of basic rules of international law, such as piracy. It was applied at the beginning of 1980 to human rights violations. Its meaning was expanded to incorporate liability, but in 2013 the U.S. Supreme Court ended such lawsuits.

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Book SynopsisThe U.S. Coast Guard is the nations principal law enforcement authority on U.S. waters. Its missions include maritime safety and security, marine environmental protection, search and rescue, drug and migrant interdiction, fisheries enforcement, and defense readiness. The Coast Guards responsibilities are specified in legislation establishing the agency as well as authorization bills typically passed by Congress every one to two years and in Department of Homeland Security appropriations acts.

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Book SynopsisCongress has been active in establishing federal policy for the agricultural sector on an ongoing basis since the 1930s. Over the years, as economic conditions and technology have evolved, Congress has regularly revisited agricultural policy through periodic farm legislation. Across these decades, the breadth of policy areas addressed through such farm bills has expanded beyond providing support for a limited number of agricultural commodities to include establishing programs and policies that address a broad spectrum of related areas, such as agricultural conservation, credit, rural development, domestic nutrition assistance, trade and international food aid, organic agriculture, forestry, and support for beginning and veteran farmers and ranchers, among others. On June 21, 2018, the House voted to approve H.R. 2, the Agriculture and Nutrition Act of 2018, an omnibus farm bill that would establish farm and food policy for the next five years. The Senate passed its version of H.R. 2, the Agriculture Improvement Act of 2018, on 28 June 2018.

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Book SynopsisSince 2009, the U.S. Environmental Protection Agency (EPA) has proposed and promulgated numerous regulations to implement the pollution control statutes enacted by Congress. Critics have reacted strongly. Some, both within Congress and outside of it, have accused the agency of reaching beyond the authority given it by Congress and ignoring or underestimating the costs and economic impacts and overestimating the benefits of proposed and promulgated rules.

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Book SynopsisFor over twenty centuries, from ancient Greece the ideal of natural law has been appealed to in Western moral and legal philosophy as a grounding for ethics and jurisprudence, centered on capacities of a common human nature. From the early medieval advent of Christendom, it was embedded within theistic and religious systems for over a millennium, during which time it was treated as incomplete and part of an enveloping divine law of ethics. Modern agnosticism in theology, religion, and metaphysics then saw natural law unhitched from these associations, but it is still suspect due to its lingering ties with these disciplines and practices. It endured through its meta-ethical capacity to integrate changes in science with ethics via its central notion of wellbeing as the perfection of human nature, via access to the highest good, however variously understood. Today, nature and human natures wellbeing, are both endangered. Ecological destruction arising from unbridled growth, industrial pollution, nuclear weapons and mass population displacement though poverty and wars threaten humanity. But in terms of the meta-ethics of wellbeing, both the humanist normative ethics of natural law, and some of its enveloping theistic and religious divine law addenda, can be invoked to address such evils. The book aims to reinvigorate natural law as a unifying ethical organon for this purpose, showing that it can dialogue with its enveloping divine law overlays constructively, uncovering its points of essential unity with them, and generating some unified solutions to the global threats mentioned, like poverty. These are largely due to global injustices like tax evasion, the arms trade, and political corruption, which are better prevented by cooperatively agreed and enforced global ideals, norms, and laws, based on natural and divine law, grounding international laws rather than appealing to national norms and laws alone.

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Book SynopsisThis book contains the Agreements on Social Security between the United States and Iceland, Uruguay and the Republic of Slovenia. The Agreements are similar in objective and content to the social security totalization agreements already in force with other leading economic partners in Europe and elsewhere, including Australia, Canada, Chile, Japan, Norway, the Republic of Korea, and Switzerland. Such bilateral agreements provide for limited coordination between the United States and foreign social security systems to eliminate dual social security coverage and taxation and to help prevent the loss of benefit protection that can occur when workers divide their careers between two countries.

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Book SynopsisCongress has been active in establishing federal policy for the agricultural sector on an ongoing basis since the 1930s. Over the years, as economic conditions and technology have evolved, Congress has regularly revisited agricultural policy through periodic farm legislation. Over these decades, the breadth of policy areas addressed through such farm bills has expanded beyond providing support for a limited number of agricultural commodities to include establishing programs and policies that address a spectrum of related areas, such as agricultural conservation, credit, rural development, domestic nutrition assistance, trade and international food aid, organic agriculture, and support for beginning and veteran farmers and ranchers, among others.Congress sets national food and agriculture policy through periodic omnibus farm bills. The 115th Congress has the opportunity to establish the future direction of farm and food policy because many of the provisions in the current farm bill expire in 2018. Chapter 1 provides a title-by-title summary of the policies and provisions in H.R. 2 and compares them with current law.The Trump Administration released its first full budget request on 23 May 2017. It proposes specific amounts for the FY2018 Agriculture appropriation as well as legislative changes to various mandatory spending programs, including those in the farm bill. Chapter 2 separates the Presidents budget request into proposed changes for agriculture based on congressional jurisdiction.Over time, farm bills have tended to become more complicated and politically sensitive. As a result, the timeline for reauthorization has become less certain. Chapter 3 reports on the budget issues shaping the 2018 farm bill while chapter 4 examines the major legislative milestones for the last 12 farm bills covering 54 years.Three farm bills have contained an energy title: the 2002 farm bill, the 2008 farm bill, and the 2014 farm bill. For all three farm bills, the major energy programs expire and lack baseline funding. Chapter 5 presents data on 2014 farm bill budgetary authority for energy provisions, as well as the original budget authority for Title IX programs under the previous 2008 farm bill.The timing and consequences of expiration vary by program across the breadth of the farm bill. There are two principal expiration dates: September 30 and December 31. Chapter 6 reports on the possible consequences of expiration including minimal disruption (if the program is able to be continued via appropriations), ceasing new activity (if its authorization to use mandatory funding expires), or reverting to permanent laws enacted decades ago (for the farm commodity programs).

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Book SynopsisThis book is a compilation of government reports from 2018 and 2019 on secrecy and information policies and procedures. The first 49-page report is from January 2019 and begins with an overview of the standards governing and exceptions applicable to grand jury secrecy. The report examines whether and how the rule of grand jury secrecy and its exceptions apply to Congress. The second report in this book focuses on disclosure requirements that provide transparency so that the electorate, the Senate and employing agencies are aware of potential conflicts of interest that presidential candidates, executive branch nominees and other high-ranking executive officials have. Should Congress consider legislation addressing financial conflicts of interests for executive branch officials, it may revisit disclosure requirements. The next 3-page report from 2018 revisits the issue of whether courts have inherent authority (and obligation) to release secret grand jury materials. Following this report is a discussion on the public release of newly appointed Judge Kavanaughs records and whether the scope and volume of the records released is similar to previous Supreme Court nominees. The fifth report provides information on locating military unit histories and individual service records of discharged, retired and deceased military personnel. It also provides information n locating and replacing military awards and medals. Included is contact information for military history centers, websites for additional sources of research and a bibliography of other publications, including related CRS reports. Next, is an exploration of whether executive privilege applies to the communications of a President-Elect. The final chapter in this book is a 76-page analysis of the Resolutions of Inquiry (a simple resolution making a direct request or demand of the President or the head of an executive department to furnish the House with specific factual information in the Administrations possession) and their use in the House from 1947 to 2017.

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Book SynopsisChapter 1 examines the implementation of certain Coast Guard programs, including those involving performance monitoring, the Services Capital Investment Plan, and commercial fishing vessel safety. Chapter 2 discusses Coast Guard and maritime transportation programs. Chapter 3 reviews the fiscal year 2019 budget request for the Coast Guard and maritime transportation programs.

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Book SynopsisThe purpose of the legislation discussed in chapter 1 is to do the following: support national defense and the United States Merchant Marine by authorizing the Maritime Administration (MARAD) for fiscal year (FY) 2019, including the National Security Multi-Mission Vessel Program; implement Department of Transportation (DOT) Office of Inspector General (OIG) recommendations to improve protections and incident reporting related to sexual assault and harassment; improve merchant mariner training for cadets by providing additional opportunities for on-the-job experience via the Sea Year program and by supporting State Maritime Academy training vessels; and create new opportunities for domestic ship recycling by streamlining the import process. Chapter 2 discusses the National Marine Sanctuary Act, which grants the Secretary of Commerce the authority to designate areas of additional restriction and management over areas in Americas oceans and Great Lakes and their unique conservation, cultural, or historic significance. Federal agencies respond to abandoned and derelict vessels (ADV) in accordance with federal law, interagency agreements, and funding availability. Chapter 3 reviews actions federal and state agencies have taken to address ADVs in U.S. waterways. This chapter examines (1) key factors that guide how federal agencies respond to ADVs; (2) the extent federal agencies track ADVs and their expenditures for responding to them; and (3) actions states have taken to address ADVs and the factors they cite as affecting their efforts. On January 1, 2020, new, more stringent maritime emission regulations are scheduled to take effect for all ocean-going vessels as reported in chapter 4.

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Book SynopsisThis reference guide provides the reader straightforward coverage on the controversial and often complicated topic of how the U.S. Supreme Court interprets the Religion Clauses of the U.S. Constitution, which promote the free exercise of religion and prohibit the establishment of religion. The resulting court decisions affects the lives of all Americans in an amazingly wide variety of contexts in the religious and government context. This diverse range includes abortion, conscience rights, drug use, military service, and the rights of same sex couples. These issues are highly controversial and often passionately divisive. This work specifically addresses how the Supreme Court has decided these issues during the tenure of the current Chief Justice, John Roberts. In applying the Religion Clauses to a specific case, the justices often follow the philosophical principles of what the Clauses mean. This book explains these differing ideologies and their significance in Supreme Court jurisprudence on cases where the Religion Clauses have been invoked. While holding to long-established principles, American law constantly evolves to meet the challenges of the United States and as a result of reinterpretation of existing legal issues. Chief Justice John Roberts has served on the Court since 2005. The Court has significantly changed during this time, especially in recent years. As jurists change, the overall judicial perspective of the Court changes as well, giving rise to a potentially new Constitutional jurisprudence in all areas of the law. In covering constitutional jurisprudence in contemporary America, we discuss complicated topics in plain English, with minimal jargon, to make the work as accessible as possible to students and general readers. Editorial enhancements are provided to help the researcher refine or expand their research. As a reference work, this book is not offered to persuade the reader to adopt a particular opinion, but instead, seeks to be unbiased, presenting differing positions on given issues, and facilitating the reader to make informed on some of the most important issues in contemporary American society.Table of ContentsIntroduction; The Religion Clauses in the US Supreme Court, 1953 through 2005; The Religion Clauses in the Roberts Court; Conclusion: Current Issues and Future Prospects; Index.

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