Law Books

Book SynopsisThis book is a comprehensive compilation of all reports, testimony, correspondence and other publications issued by the GAO (Government Accountability Office) during the month of December, grouped according to the topic of Justice and Law Enforcement.Table of ContentsFor more information, please visit our website at:https://novapublishers.com/shop/justice-and-law-enforcement-reports-for-december-2018/

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Book SynopsisThe nation's air, land, and marine transportation systems are designed for accessibility and efficiency, two characteristics that make them vulnerable to attack. The focus of chapter 1 is how best to implement and finance a system of deterrence, protection, and response that effectively reduces the possibility and consequences of terrorist attacks without unduly interfering with travel, commerce, and civil liberties. Almost every conversation about surface transportation finance begins with a two-part question: What are the "needs" of the national transportation system, and how does the nation pay for them? Chapter 2 is aimed almost entirely at discussing the "how to pay for them" question. On 4 December 2015, President Barack Obama signed the Fixing America's Surface Transportation Act (FAST Act; P.L. 114-94). As reported in chapter 3, the act authorised spending on federal highway and public transportation programs, surface transportation safety and research activities, and rail programs for five years to 30 September 2020. Despite significant investments in public transportation at the federal, state, and local levels, transit ridership has fallen in many of the top 50 transit markets. If strong gains in the New York area are excluded, ridership nationally declined by 7% over the past decade. Chapter 4 examines the implications for federal transit policy of the current weakness and possible future changes in transit ridership. Congress created the Railroad Rehabilitation and Improvement Financing (RRIF) program to offer long-term, low-cost loans to railroad operators, with particular attention to small freight railroads, to help them finance improvements to infrastructure and investments in equipment. This program is discussed in chapter 5. The Department of Transportation's (DOT) Federal Railroad Administration (FRA) and Federal Transit Administration (FTA) carry out different approaches to rail safety oversight. FRA has a more centralised safety oversight program for railroads, while FTA's program for oversight of rail transit safety largely relies on state safety agencies to monitor and enforce rail transit safety, as established in federal statute. Chapter 6 examines (1) key characteristics of FRA's and FTA's rail safety oversight programs and (2) strengths and limitations of FRA's and FTA's rail safety oversight programs. Research sponsored by the Federal Railroad Administration (FRA) has identified driver behaviour as the main cause of highway-rail grade crossing crashes and that factors such as train and traffic volume can contribute to the risk of a crash. Chapter 7 examines: (1) the focus of FRA's grade-crossing-safety research, (2) how states select and implement grade-crossing projects and what data are available from FRA to inform their decisions, and (3) the challenges states reported in implementing and assessing projects and the extent to which FHWA assesses the program's effectiveness.Table of ContentsFor more information, please visit our website at:https://novapublishers.com/shop/transportation-congressional-issues-financing-and-improvements/

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Book SynopsisFOIA requires federal agencies to provide the public with access to government records and information based on the principles of openness and accountability in government. The objective of chapter 1 was to determine the extent to which agencies have implemented selected FOIA requirements; describe the methods established by agencies to reduce backlogged requests and the effectiveness of those methods; and identify any statutory exemptions that have been used by agencies as the basis for withholding (redacting) information from requesters. Chapter 2 provides information regarding federal court decisions that pertain to the improper withholding of FOIA records. The chapter discusses how many court decisions citing the improper withholding of FOIA records have resulted in disciplinary actions against responsible agency personnel. Chapter 3 reviews DOL''s FOIA processing including how the department and its components manage and process FOIA requests, how they prioritize requests, and the extent that responses to requests have been timely; and how many lawsuits DOL has been subjected to arising from FOIA requests, and the results of those lawsuits. Chapter 4 determines FOIA litigation-related costs incurred by federal agencies for lawsuits in which the plaintiffs substantially prevailed. Congress is currently considering legislation that would make substantive changes to the Freedom of Information Act (FOIA). Chapter 5 provides a side-by-side comparison of the bills, using the versions that have passed each of their originating congressional chambers.

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Book SynopsisFederal firearms regulation has been a subject of continuous interest for legislators. In recent Congresses, a range of proposals has been introduced, with some seeking to ease various federal firearms restrictions or facilitate reciprocity in state treatment of persons authorized to carry a firearm by another state. Other proposals have sought greater restrictions on the federal rules concerning the possession, transfer or sale of firearms, or the expansion of background checks for firearm purchases. These various approaches, in turn, prompt debate about not only their pros and cons but also their legalities, as Congress's ability to legislate on such matters must comport with the Second Amendment and other constitutional constraints. This book discusses important gun control issues.Table of ContentsPrefaceU.S. Gun Policy: Framework and Major IssuesFederal Firearms Laws: Overview and Selected Legal Issues for the 116th CongressFirearm Red Flag Laws in the 116th CongressGun Control: Federal Law and Legislative Action in the 114th CongressGun Control: FY2017 Appropriations for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Other Initiatives3D-Printed Guns: An Overview of Recent Legal DevelopmentsGun Control: 3D-Printed AR-15 Lower ReceiversATFs Ability to Regulate Bump StocksDoes ATFs Bump-Stock Ban Comport with the APA?What You Dont Know Cant Hurt You: Supreme Court to Address Knowledge Requirement for Firearm OffensesGun Control, Mental Incompetency, and Social Security Administration Final RuleGun Control, Veterans Benefits, and Mental Incompetency DeterminationsFirearms Background Checks Under H.R. 8 and H.R. 1112Firearm Background Checks: Current Federal Framework and the House-Passed Proposals in the 116th CongressFirearms Eligibility: Stalking- and Domestic Violence-Related Provisions in H.R. 1585Can the Government Prohibit 18-Year-Olds from Purchasing Firearms?Post-Heller Second Amendment JurisprudenceIndex.

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Book SynopsisSome years ago, while a Senior Lecturer-in-Law at BPP University, one of my Master of Laws' students asked if he could write a dissertation in Maritime Law. He wanted to do a survey of the rules of both Admiralty Law and the Law of the Sea. The department contained no specialist in either of these fields, and I taught neither. As he could not be dissuaded from this plan, I had to undertake a rapid, informal, self-directed learning programme in the subjects in order to gain sufficient professional skill to be able to supervise, and, later, assess the dissertation. His project was surprisingly good -- and I had my first contact with rules concerning territorial seas, contiguous zones, exclusive economic zones, continental shelves and high seas. My interest in these topics grew and, eventually, flourished in the project of this monograph. The book covers the laws in the United Nations Convention on the Law of the Sea 1982 that concern baselines and boundary delimitation, together with cases which relate to these topics. There is also a major input to the monograph from procedural matters pertaining to the International Court of Justice, the International Tribunal for the Law of the Sea and arbitration under Annex VII to the Convention, with an example case provided for each of these mechanisms. As States Parties to the Convention may make a Declaration under its Article 287 for the settlement of their disputes by one or more of these methods -- together with special arbitration under Annex VIII to the Convention for four issues specified therein -- this Article, together with the methods and the remainder of Part XV of the Convention, are core material for a systematic review of the Law of the Sea. In instances in which it is possible, comparisons are made between: (i) the United Nations Convention on the Law of the Sea and its predecessors, i.e., the Geneva Conventions from 1958, and (ii) the rules of the International Court of Justice and those of the International Tribunal for the Law of the Sea. In essence, the Convention builds upon its precursory instruments, which tend to be simpler than the former, and the procedural rules for the International Tribunal for the Law of the Sea are similar or identical to those of the International Court of Justice, other than a few provisions that are new or materially modified from the terms of the Court, but with the necessary changes from the latter being made. The cases at this level are fewer than in black-letter subjects of the law, but tend to be complex and, for the legal scholar, very interesting. This is especially true of the South China Sea Arbitration, which was a judgment of pioneering brilliance from an Annex VII arbitral tribunal composed of one academic and four experienced judges, to which a substantial literature has-in the short period since this case's resolution -- been devoted. The very best of luck with your reading!Table of ContentsList of Tables; Preface; List of Abbreviations; An Introduction to the United Nations Convention on the Law of the Sea; An Introduction to the Cases of the International Court of Justice, the International Tribunal for the Law of the Sea, and International Arbitrations; Baselines and Boundary Delimitation; Bibliography; About the Author; Index.

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Book SynopsisChapter 1 reports on the U.S. drug supply and the complex way it is interwoven with multiple stakeholders involved in each step of the process. When investigational drugs show promise for treating serious or life-threatening diseases, patients are often interested in obtaining access to them. Congress included a provision in the FDA Reauthorization Act of 2017 for GAO to review actions taken to facilitate access to these drugs. Chapter 2 describes (1) actions FDA and drug manufacturers have taken to broaden eligibility criteria for clinical trials, (2) actions FDA has taken to facilitate access to investigational drugs outside of clinical trials, and (3) information drug manufacturers have communicated to patients and physicians about access to investigational drugs outside of clinical trials. Chapter 3 reports on requiring e-prescriptions for coverage under part D of the Medicare program for prescription drugs that are controlled substances.

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Book SynopsisIndividuals apprehended by the Department of Homeland Security and placed into expedited immigration proceedings are to be removed from the country without a hearing in immigration court unless they express an intention to apply for asylum, or a fear of persecution, torture, or return to their country. Chapter 1 examines (1) USCIS and EOIR data on fear screenings, (2) USCIS policies and procedures for overseeing fear screenings, and (3) USCIS and EOIR processes for workload management. Customs and Border Protection (CBP) temporarily holds individuals in its facilities and processes them for further action, such as release or transfer to ICE. ICE manages the nation's immigration detention system. ICE utilizes various facility types to detain individuals, such as those owned and operated by ICE and contract facilities. Chapter 2 examines (1) what available data indicate about pregnant women detained or held in DHS facilities, (2) DHS policies and standards that address the care of pregnant women, and (3) what is known about the care provided to pregnant women in DHS facilities. Unauthorized migration across the U.S. Southwest border poses considerable challenges to federal agencies that apprehend and process unauthorized migrants (aliens) due to changing characteristics and motivations of migrants in the past few years as reported in chapter 3. Department of Homeland Security's (DHS) U.S. Customs and Border Protection (CBP) experienced a significant increase in the number of individuals apprehended at or between U.S. ports of entry along the southwest border. To help address this issue, in May 2019, CBP determined it needed a temporary soft-sided facility for processing and holding single adults in the El Paso Border Patrol sector as discussed in chapter 4.Table of ContentsPreface; Immigration: Actions Needed to Strengthen USCISs Oversight and Data Quality of Credible and Reasonable Fear Screenings; Immigration Detention: Care of Pregnant Women in DHS Facilities; Immigration: Recent Apprehension Trends at the U.S. Southwest Border; Audrey Singer and William A. Kandel; Border Security: U.S. Customs and Border Protections Management of a Temporary Facility in Texas Raised Concerns about Resources Used; Index.

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Book SynopsisPrior to the September 2001 terrorist attacks on the United States, insurers generally did not exclude or separately charge for coverage of terrorism risk. The events of September 11, 2001, changed this as insurers realized the extent of possible terrorism losses. Congress responded to the disruption in the insurance market by passing the Terrorism Risk Insurance Act of 2002 (P.L. 107-297). The goals of TRIA are to (1) protect consumers by addressing market disruptions and ensuring the continued widespread availability and affordability of commercial property/casualty insurance for terrorism risk; and (2) allow for a transitional period for the private markets to stabilize, resume pricing of such insurance, and build capacity to absorb any future losses, while preserving state insurance regulation and consumer protections. The book looks at issues surrounding TRIA.Table of ContentsPreface; Terrorism Risk Insurance: Overview and Issue Analysis for the 116th Congress; Protecting America: The Reauthorization of the Terrorism Risk Insurance Program; Terrorism Risk Insurance: Market Challenges May Exist for Current Structure and Alternative Approaches; Terrorism Risk Insurance: Market Is Stable but Treasury Could Strengthen Communications about Its Processes; Terrorism Risk Insurance: Program Changes Have Reduced Federal Fiscal Exposure; The Terrorism Risk Insurance Act (TRIA); Index.

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Book SynopsisChapter 1 analyses recent changes to state Unemployment Compensation (UC) programs. Two categories of UC state law issues are considered: (1) changes in the duration of state UC unemployment benefits, and (2) changes in the UC weekly benefit amount Chapter 2 provides state-by-state information on workers covered, benefit eligibility, methods of financing, and other areas of interest in the Unemployment Insurance (UI) program. It also includes information on the temporary disability programs operated in six states.Table of ContentsPreface; Unemployment Insurance: Consequences of Changes in State Unemployment Compensation Laws; Comparison of State Unemployment Laws 2019; Index.

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Book SynopsisA Book About Lawyers provides a glimpse into the history of lawyers in London in the 19th century.Table of ContentsPart I: Houses and Householders; Part II: Loves of the Lawyers; Part III: Money; Part IV: Costume and Toilet; Part V: Music; Part VI: Amateur Theatricals; Part VII: Legal Education; Part VIII: Mirth; Part IX: At Home, in Court, and in Society; Index.

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Book SynopsisSeniors in nursing homes are among the people most vulnerable to life-threatening consequences of abuse and neglect. Across the country, that vulnerability is being exploited in unimaginably cruel ways in nursing homes that are unsafe, understaffed, and uninterested in providing even the most basic humane level of care. Chapter 1 looks at elder abuse and especially nursing home abuse. Elder abuse is a complex issue. As such, it often leads to calls for a multifaceted policy response that combines public health interventions, social services programs, and law enforcement. Chapter 2 provides a brief legislative history of the Elder Justice Act, summarises elder justice provisions enacted as part of the ACA, and describes administrative efforts related to implementation and funding, along with several issues for Congress regarding the act's reauthorisation. Elder financial exploitation -- the fraudulent or illegal use of an older adult's funds or property -- has far-reaching effects on victims and society. Chapter 3 examines the status of HHS's efforts to compile nationwide data through NAMRS on the extent of financial exploitation and the challenges involved, and what is known about the costs of financial exploitation to victims and others.Table of ContentsPreface; Not Forgotten: Protecting Americans from Abuse and Neglect in Nursing Homes; The Elder Justice Act: Background and Issues for Congress; Elder Justice: HHS Could Do More to Encourage State Reporting on the Costs of Financial Exploitation; Index.

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Book SynopsisThe foundational principle of this book is the sacred rights enumerated in the United States Constitution, specifically, in the Firstand Thirteenth Amendments. With the politicization of the LGBTQ movement, concern for these rights have again come to the forefront of American jurisprudence. The rights enumerated in these amendments have frequently been violated by the various states when, in the name of public accommodation laws, they have attempted to force Christian business owners and religious entities to facilitate events, provide services, express opinions, change attitudes, or to enter into associations that violate their religious consciences. The book explores what it means to have free exercise of religion, free speech, and to be free of involuntary servitude in the context of the contending rights claimed by LGBTQ individuals. LGBTQ rights are neither denied nor disparaged, but the author argues that the constitutional rights of religious dissenters should not be denied or disparaged either. He also argues that when constitutional rights clash with statutory obligations, the former always triumphs. This has always been black letter law, and remains so in all cases except those in which LGBTQ rights clash with those of Christians. The book is not just a legal monograph. It engages political, philosophical, and sociological issues such as freedom v. equality, socialism v. republicanism, the liberal-progressive agenda in higher education, and the many benefits Christianity has bestowed on Western civilization. The underlying theme, however, remains, and that theme is that if we lose the freedom of religious conscience which the founding fathers made the "first freedom", we will lose all freedom.Table of ContentsAcknowledgments; Preface; The United States Constitution: Originalism v. Living Document; The Establishment Clause: Ally or Adversary of Religious Liberty?; Religious Liberty: The Free Exercise Clause; Religious Freedom as Freedom of Speech; Religious Liberty and the Legalization of Same-Sex Marriage; Religious Liberty in the Age of LGBTQ Rights; Freedom, Equality, Discrimination, and Involuntary Servitude; Two Iconic Religious Liberty v. Anti-Discrimination Cases; Photographs, Cakes, and Pizzas; Federal Government Animus Toward Religion; Some Important Victories for Religious Liberty; Big Government and its Danger to Freedom; Concluding Remarks on the Battle for Religious Liberty; Index.

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Book SynopsisThe Immigration and Nationality Act (INA) authorizes and in some cases requires the Department of Homeland Security (DHS) to detain non-U.S. nationals (aliens) arrested for immigration violations that render them removable from the United States. An alien may be subject to detention pending an administrative determination as to whether the alien should be removed, and, if subject to a final order of removal, pending efforts to secure the alien's removal from the United States. The immigration detention scheme is multifaceted, with different rules that turn on several factors, such as whether the alien is seeking admission into the United States or has been lawfully admitted into the country; whether the alien has engaged in certain proscribed conduct; and whether the alien has been issued a final order of removal. In many instances DHS maintains discretion to release an alien from custody. But in some instances, such as when an alien has committed specified crimes, the governing statutes have been understood to allow release from detention only in limited circumstances. This book focuses on current topics concerning immigration detention and enforcement.Table of ContentsPreface; Immigration Detention: A Legal Overview; The Law of Immigration Detention: A Brief Introduction; Is Mandatory Detention of Unlawful Entrants Seeking Asylum Constitutional; Immigration Detainers: Background and Recent Legal Developments; Nielsen v. Preap: High Court Clarifies Application of Immigration Detention Statute to Criminal Aliens; Immigration Detention: ICE Should Enhance Its Use of Facility Oversight Data and Management of Detainee Complaints; Immigration Detention: Actions Needed to Improve Planning, Documentation, and Oversight of Detention Facility Contracts; Immigration Enforcement: Arrests, Detentions, and Removals, and Issues Related to Selected Populations; COVID-19s Effect on Interior Immigration Enforcement and Detention; Index.

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Book SynopsisU.S. immigration policy is governed largely by the Immigration and Nationality Act (INA). The United States has long distinguished temporary immigration from permanent immigration. Temporary immigration occurs through the admission of visitors for specific purposes and limited periods of time. Permanent immigration occurs through family- and employer-sponsored categories, the diversity immigrant visa lottery, and refugee and asylee admissions. This book looks at key issues concerning visas.Table of ContentsPreface; Non-immigrant and Immigrant Visa Categories: Data Brief (Updated); The Diversity Immigrant Visa Program; H-2A and H-2B Temporary Worker Visas: Policy and Related Issues; Temporary Work Visa Holders in the United States, By the Numbers; The H-2B Visa and the Statutory Cap; EB-5 Immigrant Investor Visa; Immigration: Recalcitrant Countries and the Use of Visa Sanctions to Encourage Cooperation with Alien Removals; Visa Waiver Program; Adding Countries to the Visa Waiver Program: Effects on National Security and Tourism; COVID-19-Related Suspension of Nonimmigrant Entry; Index.

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Book SynopsisIn a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles—including that of judicial psychology. The primary focus, however, is on the ‘logic’ of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay.Trade Review“Golding’s Legal Reasoning is not only the best book in its field, but the only book of its kind.” — Professor Ronald Moore, University of WashingtonTable of ContentsPrefaceCitationsI The Study of Legal ReasoningDiscovery and Justification in Science and LawExplanatory and Justifying ReasonsReasoned DecisionsMaterialsII Types of Legal ArgumentTwo Perspectives: An InterpretationForms of ArgumentArgument By AnalogyKinds of ReasonsPractical ReasoningConflicting DecisionsMaterialsIII Precedent and AnalogyAdherence to PrecedentArgument by Analogy: Interpretations and revisionCase Law DevelopmentMaterialsBibliographic essay. (Updated for the Broadview edition)Index

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Book SynopsisReadings in the Philosophy of Law brings together central texts on such topics as legal reasoning, the limits of individual liberty, responsibility and punishment, and international law. The included selections provide superb coverage of both classic and contemporary views, and are edited only lightly to allow readers to grapple with arguments in their original form. Culver and Giudice's clear, accessible introductions discuss key terms, claims, issues, and points of connection and disagreement. Readings are placed within their historical and social contexts, with analogies and examples emphasizing the continuing relevance of the arguments at issue. This third edition is updated to take account of the rise of legal pluralism, debates over judicial review of constitutional rights, anti-terrorism laws, hate crime, and non-state law at both regional and global levels.Trade Review“This is an exceptionally well-organized textbook. The editors’ introductory matter is uniformly first rate. It is a collection from which a professor could build an excellent course.” — Richard Bronaugh, University of Western Ontario“A balanced and thorough introduction to philosophy of law that includes recent work in critical legal studies and feminism, and important material on international law. I strongly recommend it.” — Paul Hughes, University of Michigan, Dearborn“Readings in the Philosophy of Law is an excellent textbook. The editors carefully distill central themes of legal philosophy into manageable segments without sacrificing the level of detail that makes the subject both demanding and interesting. By structuring the material around the central questions that inform, or spring from, each debate, the authors prompt students to think critically about the material presented. In my view, the mark of a great textbook is that instructors from a range of philosophical schools will be excited to use it. I think Keith Culver and Michael Giudice have achieved this elusive goal.” — Margaret Martin, author of Judging PositivismTable of Contents Acknowledgements Preface Introduction Further ReadingsChapter 1: Natural Law Theory St. Thomas Aquinas, ""Treatise on Law,"" Questions 90-91, 94-96, Summa Theologica John Finnis, from Natural Law and Natural Rights Chapter 2: Legal Positivism John Austin, from The Province of Jurisprudence Determined H.L.A. Hart ""Positivism and the Separation of Law and Morals"" ""Law as the Union of Primary and Secondary Rules,"" The Concept of Law ""The Foundations of a Legal System,"" The Concept of Law Chapter 3: Integrity Ronald Dworkin ""The Model of Rules I,"" Taking Rights Seriously ""Integrity in Law,"" Law's Empire Chapter 4: Legal Realism Oliver Wendell Holmes, ""The Path of the Law,"" The Common Law Brian Leiter, ""Rethinking Legal Realism: Toward a Naturalized Jurisprudence"" Chapter 5: Recent Developments: Feminist Jurisprudence, Critical Race Theory, and Legal Pluralism Patricia Smith, ""Feminist Jurisprudence and the Nature of Law,"" Feminist Jurisprudence Catharine A. MacKinnon, ""Toward Feminist Jurisprudence,"" Toward a Feminist Theory of the State Richard Delgado, ""About Your Masthead: A Preliminary Inquiry into the Compatibility of Civil Rights and Civil Liberties"" Brian Tamanaha, ""Looking at Micronesia for Insights about the Nature of Law and Legal Thinking"" Chapter 6: Constitutional Rights, Judicial Review, and Democracy Jeremy Waldron, ""A Right-Based Critique of Constitutional Rights"" Wil Waluchow, ""Constitutions as Living Trees: An Idiot Defends"" Chapter 7: Law and Limits on Individual Liberty John Stuart Mill, from On Liberty Patrick Devlin, ""Morals and the Criminal Law,"" The Enforcement of Morals H.L.A. Hart, from Law, Liberty and Morality Ronald Dworkin, ""The Threat to Patriotism"" Chapter 8: Responsibility H.L.A. Hart, ""Postscript: Responsibility and Retribution,"" Punishment and Responsibility R.A. Duff, ""Choice, Character, and Action,"" Criminal Attempts Heidi Hurd, ""Why Liberals Should ‘Hate' Hate Crime Legislation"" Chapter 9: The Nature of International Law Hugo Grotius, ""Prolegomena,"" De Jure Belli Ac Pacis Libri Tres H.L.A. Hart, ""lnternational Law,"" The Concept of Law Martti Koskenniemi, ""The Politics of lnternational Law"" Roger Cotterrell, ""Transnational Communities and the Concept of Law""

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Book SynopsisThis is a collection of Canadian legal decisions, primarily from the Supreme Court of Canada, along with international cases that have bearing on Canadian law. The selected cases raise and respond to current and controversial issues in political and legal philosophy. Cases have been edited to present key legal principles and methods of judicial reasoning in action, showing not only what was decided but also how the decisions were made. Topics include: constitutional law, fundamental freedoms, equality rights, civil and criminal responsibility, and sovereignty. This new fifth edition adds over two dozen new cases, including new sections on Indigenous issues and international law. A helpful glossary of common legal terms has also been added as an appendix.Trade Review“This is an excellent collection that serves as an accessible and illuminating introduction to issues in Canadian law and to puzzles about the nature of legal reasoning. The case excerpts are judiciously selected and the range of topics covered is impressive. The general introduction to the nature of legal disputes and the functioning of the court system will help those without a background in law to understand and appreciate important but unfamiliar features of the legal system.” — Colin Macleod, University of Victoria“Canadian Cases in the Philosophy of Law is an indispensable resource and guide for students, scholars, teachers of law and philosophy courses, and interested citizens. The updated fifth edition provides clear and thoughtful introductions to the main legal concepts and debates surrounding the most important Canadian legal decisions that have shaped Canadian legal and political culture and society.” — Violetta Igneski, McMaster University“The fifth edition of Canadian Cases in the Philosophy of Law provides an excellent introduction to the deepest issues in the philosophy of law. It maintains the high standard of case editing from the earlier editions, but its great improvement is the new and extremely helpful editors’ introduction that sets the cases in their proper procedural and institutional context. Philosophers and theoretically inclined lawyers alike will learn much from this excellent new edition of a long-respected text.” — Malcolm Thorburn, University of TorontoTable of Contents Introduction PART I: CONSTITUTIONAL LAW A: The Constitution Reference Re Resolution to Amend the Constitution of Canada Edwards v. Attorney-General of Canada Reference Re Manitoba Language Rights Reference Re Secession of Quebec B: The Scope and Operation of the Charter Retail, Wholesale and Department Store Union, Local 580 v. Dolphin Delivery Ltd. R. v. Oakes Canada (Justice) v. Khadr Related Cases PART II: FUNDAMENTAL FREEDOMS R. v. Big M Drug Mart Ltd. R. v. Keegstra R. v. Butler Little Sisters Book and Art Emporium v. Canada (Minister of Justice) R. v. Sharpe Chaoulli v. Quebec (Attorney General) Related Cases PART III: EQUALITY RIGHTS Andrews v. Law Society Of British Columbia Eaton v. Brant County Board Of Education Vriend v. Alberta Law v. Canada (Minister of Employment and Immigration) Reference Re ss. 193 and 195.1(1)(c) of the Criminal Code (Man.) Canada (Attorney General) v. Bedford Reference Re Same-Sex Marriage Related Cases PART IV: AUTONOMY AND SELF-DETERMINATION Malette v. Shulman R. v. Morgentaler Rodriguez v. Attorney-General of B.C. B. (R.) v. Children’s Aid Society of Toronto R. v. Latimer (SCA) and R. v. Latimer (SCC) Winnipeg Child And Family Services v. G. (D.F.) Starson v. Swayze Carter v. Canada (Attorney General) Related Cases PART V: PROCEDURAL JUSTICE Roncarelli v. Duplessis Re B.C. Motor Vehicle Act R. v. Carosella Suresh v. Canada (Minister of Citizenship and Immigration) and Report of the Committee Against Torture Dunsmuir v. New Brunswick R. v. J.H.S. Related CasesPART VI: RESPONSIBILITYA: Criminal Responsibility and DefenceR. v. City of Sault Ste. MarieR. v. HundalPerka v. The QueenR. v. Lavallee and R. v. MalottR. v. EwanchukR. v. JAB: Liability in Private LawCook v. LewisMarconato and Marconato v. FranklinNorberg v. WynribCrocker v. Sundance Northwest Resorts Ltd.C: PunishmentKindler v. Canada (Minister Of Justice) and United States v. BurnsR. v. ProulxSauve v. Canada (Chief Electoral Officer)Related CasesPART VII. INDIGENOUS ISSUESR. v. MachekequonabeMitchell v. MNRR. v. SparrowTsilhqot’in Nation v. British Columbia and Letter of Understanding Between the Tsilhqot’in Nation and CanadaKtunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations)Related CasesPART VIII. INTERNATIONAL CASESTrail Smelter Arbitration (United States v. Canada)SS Lotus (France v. Turkey)Legality of the Threat or Use of Nuclear WeaponsAccordance with International Law of the Unilateral Declaration of Independence in Respect KosovoRelated CasesAppendix: Canadian Charter of Rights and Freedoms Glossary of Legal Terms

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Book SynopsisAffirmative Action Law: An Introduction (Charles V. Dale); Affirmative Action Revisited: A Legal History and Prospectus (Charles V. Dale); The Supreme Court Decision in Adarand Constructors Inc. v. Pena; Disadvantaged Business Enterprises (Charles V. Dale); Small Disadvantaged Business Programs of the Federal Government (Mark Eddy); Higher Education and Affirmative Action; Recent Developments (Steven R. Aleman); Affirmative Action in Washington State: A Discussion and Analysis of Initiative 200 (Andorra Bruno); The Equal Rights Amendment: A Chronology (Leslie W. Gladstone); Affirmative Action and Diversity in Public Education -- Legal Developments (Charles V. Dale); Sex Discrimination and the United States Supreme Court: Recent Developments in the Law (Karen J. Lewis); Affirmative Action: Congressional and Presidential Activity, 1995-1998 (Andorra Bruno)

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Book SynopsisA guide to legal issues that relate to artists, writers, and other creative people, such as copyright, fair use, free speech, and other key legal concerns important to US artists. Includes discussion of landmark cases for reference. The book is divided into seven chapters with the following titles: 1. What does the artist own? 2. What is the artist selling? 3. What can and can't the artist use? 4. What is the artist allowed and not allowed to say? 5. How does the artist protect intellectual property? 6. What contracts does the artist make? 7. What happens to art when the artist no longer possesses it?

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Book SynopsisThe Supreme Court of the United States is in the midst of a generation change which will no doubt result in societal imperatives different than those in the past. The Supreme Court of the US has a profound effect on ideas, thoughts and behaviour of the people of the US. This bibliography presents hundreds of citations of the important literature dealing with this beacon of society.

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Book SynopsisThis book addresses Congress'' oversight authority over individual federal judges or Supreme Court Justices. Congressional oversight authority, although broad, is limited to subjects related to the exercise of legitimate congressional power. While Congress has the power to regulate the structure, administration and jurisdiction of the courts, its power over the judicial acts of individual judges or Justices is more restricted. For instance, Congress has limited authority to remove or discipline a judge for decisions made on the bench. Article III, Section 1 of the Constitution provides that judges have ''good behaviour'' tenure, which effectively has come to mean lifetime tenure for Article III judges subject to removal only through conviction on impeachment. It also examines Congress'' legislative authority with respect to the Judicial Branch. While Congress has broad power to regulate the structure, administration and jurisdiction of the courts, its powers are limited by precepts of due process, equal protection and separation of powers. Usually congressional oversight of the judicial branch is non-controversial, but when Congress proposes to use its oversight and regulatory powers in a manner designed to affect the outcome of pending or previously decided cases, constitutional issues can be raised. In recent years, Congress has considered using or has exercised its authority in an effort to affect the results in cases concerning a number of issues, including abortion, gay marriage, freedom of religion, ''right to die'' and prisoners'' rights. It also reviews the constitutional foundation of the federal courts, and the explicit and general authorities of Congress to regulate the courts. It then addresses Congress'' ability to limit the jurisdiction of the courts over particular issues, sometimes referred to as ''court-stripping''.

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Book SynopsisIn recent years, Congress has enacted several federal laws addressing telemarketing fraud and practices. As a result, both the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) have established regulations covering the $720 billion telemarketing industry in the United States. It is estimated that consumers lose over $40 billion a year to fraudulent telemarketers. Although the vast majority of telemarketers are legitimate business people attempting to sell a particular product or service, there are unscrupulous individuals and companies violating telemarketing rules and promoting various fraudulent schemes aimed at parting consumers from their money. The FCC, FTC, and several consumer groups and government/business partnerships identified in this book provide extensive information on telemarketing. This book provides summaries of the federal laws and regulations particular to telemarketing, the establishment of a national do-not-call registry, and on the options that are available to consumers to attempt to limit the calls that they receive from telemarketers and to report questionable telemarketing practices to local or federal authorities.

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Book SynopsisTheRisale-i Nur Collection is full of 'general principles,' not only related to the Islamic Jurisprudence but also to all the fields of Islam or Islamic life and Islamic branches of knowledge. Based on or specially favored with profound wisdom having its source in the Divine Wisdom or the Divine Name of the All-Wise, the Risale-i Nur Collection contains numerous principles, precepts, or maxims which are standards or brilliant criteria enabling people to think, believe, and live according to Islam, and to evaluate and judge things and events in Islam’s light. They also provide people with the essentials or basic principles on which the branches of Islamic knowledge and Islamic science are based. Thus, we have tried to collect many of these principles in this book under certain titles, and in certain parts or sections according to the fields of thought and branches of knowledge to which they have a greater relevance.

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Book SynopsisThe goal of antitrust advocates is to increase the role of competition, assure that competition works in the interests of consumers, and challenge abuses of concentrated economic power in the American and world economy. Antitrust policies were first enacted during the great robber baron era of American economic history. Men such as Rockefeller and Carnegie were forced to split up their companies that monopolised the oil and steel industries of America. Ever since that time antitrust policies have worked to avoid similar situations. These policies cannot always be effective because of developing circumstances. This book presents studies of different antitrust policies and how they adapt to a rapidly changing economic landscape.

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