Search results for ""author daniel a. farber""

Public choice theory has become an increasingly significant aspect of public law scholarship. A more comprehensive knowledge of public institutions and their activities can illuminate our understanding of how legal rules shape the behavior of these institutions. This volume gathers together key papers highlighting the fundamental issues in the evolution of this subject. Besides providing an appreciation of the institutional complexity and potential weak points of democracies, public choice theory promises to show how political structures and processes shape outcomes for better or for worse. It thereby aids understanding and improvements to institutional design. Much of that design is expressed in the form of law, so the subject is of particular importance to legal scholars. This authoritative selection of articles provides a firm foundation to this important area of study.

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The Civil War brought pressure on the Constitution that had never been seen before and hasn't been seen since, testing it in much the same way as an engineer tests his materials to destruction to assess their structure. Did the South have the right to secede? Did Abraham Lincoln trample on the Bill of Rights? Can the president go to war without congressional approval? What is the nature of the Union, and what are the limits of states' rights? Forced to confront these issues during the Civil War, Lincoln ran squarely into the conflicts and the issues at the heart of our constitution, issues that remain with us today. Daniel Farber's purpose in "Lincoln's Constitution" is to lead the reader to understand exactly what Lincoln did, what arguments he made in defence of his actions, and how his words and deeds fit into the context of the times. Farber sets the constitutional problems that arose during Lincoln's term within their historical moment, as illuminated by recent work by historians, and investigates how well Lincoln's views hold up today - over a century later. The answers are crucial not only for a better understanding of the Civil War but also for shedding light on issues that the courts struggle with now: state sovereignty, presidential power, and national security limitations on civil liberties. The first book in over 75 years to evaluate Lincoln's legal legacy comprehensively, "Lincoln's Constitution" is a blend of history and constitutional thought. Written for the intelligent reader, its insights speak urgently to us as our nation again finds itself in a time of danger and the limits of constitutional law are once more being tested.

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Farber's Environmental Law in a Nutshell provides an up-to-date foundation for understanding environmental law. Expert text includes coverage of the full range of environmental issues, from climate change and air pollution, to waste disposal and wetlands. Surveys the many statutory and common-law regulations shaping the world in which we live.

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Eco-pragmatism takes on the most critical controversies in environmental law today: how to weigh economic costs against environmental quality and human life, how to assess the long time horizons of environmental problems, and how to make appropriate decisions in the face of scientific uncertainty about the scope of environmental problems."A comprehensive well-argued effort to address many of the most difficult issues facing legislators concerned with environmental issues."—Stephen P. Adamian, Boston Book Review"A timely and well-argued contribution."—Calestous Juma, Nature

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In Lincoln's Constitution Daniel Farber leads the reader to understand exactly how Abraham Lincoln faced the inevitable constitutional issues brought on by the Civil War. Examining what arguments Lincoln made in defense of his actions and how his words and deeds fit into the context of the times, Farber illuminates Lincoln's actions by placing them squarely within their historical moment. The answers here are crucial not only for a better understanding of the Civil War but also for shedding light on issues-state sovereignty, presidential power, and limitations on civil liberties in the name of national security-that continue to test the limits of constitutional law even today.

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In Law and Public Choice, Daniel Farber and Philip Frickey present a remarkably rich and accessible introduction to the driving principles of public choice. In this, the first systematic look at the implications of social choice for legal doctrine, Farber and Frickey carefully review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. Ideal for course use, this volume offers a balanced and perceptive analysis and critique of an approach which, within limits, can illuminate the dynamics of government decision-making. “Law and Public Choice is a most valuable contribution to the burgeoning literature. It should be of great interest to lawyers, political scientists, and all others interested in issues at the intersection of government and law.”—Cass R. Sunstein, University of Chicago Law School

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The field of disaster law has witnessed a huge surge in interest over the past few years. Building widespread recognition of the shortcomings of legal systems faced with disasters, academics have increasingly turned their attention to exploring how these failings can be addressed. This volume is a carefully selected collection of essays which focus on the legal and economic aspects of disaster law and pays particular attention to the legalities of catastrophes. The editors have brought together seminal papers analysing how disasters, both natural and man-made, could be prevented and investigating the ways in which compensation for such events could be provided.This set of indispensable papers examines such issues through a variety of analytical lenses and provides a solid foundation for future developments in this dynamic and highly topical subject.

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Irreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation. On both the right and the left, prominent legal scholars normally try to build all of constitutional law from a single foundational idea, Daniel Farber and Suzanna Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. Their book brilliantly reveals how problematic foundationalism is and shows how the pragmatic, multifaceted common law methods already used by the Court provide a far better means of reaching sound decisions and controlling judicial discretion than do any of the grand theories.

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The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.Climate Change Law, the first volume of the Elgar Encyclopedia of Environmental Law, provides a guide to the rapidly evolving body of legal scholarship relating to climate change. The amount of international, European and national legislation, judicial decisions, and legal scholarship in the field of climate law has now become almost overwhelming. This book focuses on the underlying concepts that are of concern to researchers, students and policymakers rather than on the details of national legislation. The core topics include the difficulty of setting up a coherent international treaty approach, the importance of national and subnational legal action, the potential role of international and national courts, and the importance of human rights and environmental justice. Providing a comprehensive discussion, more than 50 entries developed by experts from across the world cover mitigation and adaptation issues in their wider context, from both international and national perspectives. Each chapter concludes by identifying important research challenges. Finally, the concluding chapter argues that a discernible global legal regime is emerging. The 2015 Paris Agreement marks both the increasingly interlinked but polycentric nature of this new regime.This is the definitive resource for all those seeking the state of the art of climate change law, from students and legal scholars to practising lawyers, civil servants and NGOs.Contributors include: D. Badrinarayana, D. Benson, W.W. Buzbee, M.R. Caldwell, A.E. Camacho, H.S. Cho, R.K. Craig, B. Curtis, J. Dafoe, P. DeArmey, J. de Cendra de Larragán, J.C. Dernbach, N. de Sadeleer, M. Doelle, W.T. Douma, D.M. Driesen, B. Egelund Olsen, K.H. Engel, D.A. Farber, Heline Sivini Ferreira, S. Ferrey, S.R. Foster, D. French, P. Galizzi, M.B. Gerrard, N.S. Ghaleigh, M. Hall, S.B. Hecht, D. Hodas, T. Honkonen, S.-L. Hsu, A. Jordan, A. Kaswan, A. Keessen, S.-H. Kim, S. Krakoff, K. Kulovesi, M.A. Livermore, K. Lu, J. Lueders, R. Lyster, M.L. Melius, Z. Meng, H.M. Osofsky, J. Peel, M. Peeters, B. Pontin, L. Rajamani, A.W. Reitze Jr, J. Reynolds, B.J. Richardson, F. Romanin Jacur, T.Schomerus, J. Scott, D.A. Serraglio, F. Sindico, M.P. Solis, B.K. Sovacool, P.-T.Stoll, L.G. Sun, T. Tang, A.D. Tarlock, Q. Tianbao, X.F. Torrijo, H. van Asselt, M. van Rijswick, M.P. Vandenbergh, R.R.M. Verchick, C. Voigt, X. Wang, M. Wilensky, K.M. Wyman, Y. Zhang

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Public choice theory sheds light on many aspects of legislation, regulation, and constitutional law and is critical to a sophisticated understanding of public policy. The editors of this landmark addition to the law and economics literature have organized the Handbook into four main areas of inquiry: foundations, constitutional law and democracy, administrative design and action, and specific statutory schemes. The original contributions, authored by top scholars in the field, provide helpful introductions to important topics in public choice and public law while also exploring the institutional complexity of American democracy. Beginning with a critical introduction to the core tenets of public choice theory and concluding with comprehensive analyses of drug safety, energy regulation, and environmental law, the Handbook provides differing points of view on the foundations of these and a range of related subjects, including: direct democracy and its financial implications, the functioning of electoral processes, judicial behavior, and the structural differences between presidential and parliamentary systems. The Handbook's knowledgeable contributors offer a rich, realistic view of how public policy is made that is accessible to a broad range of readers. Summarizing much of the key literature in a range of major topics and framing that literature for open debates and further research, the Handbook is ideal for students and scholars of law, political science, and economics. Contributors: D. Carpenter, S. Croley, D.A. Farber, E. Garrett, J.E. Gersen, T. Ginsburg, R.M. Hills, Jr, S. Issacharoff, T. Jacobi, J. Mashaw, L. Miller, A.J. O'Connell, B.D. Richman, J. Rossi, C.H. Schroeder, M.L. Stearns, M.C. Stephenson, J.B. Wiener

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Public choice theory sheds light on many aspects of legislation, regulation, and constitutional law and is critical to a sophisticated understanding of public policy. The editors of this landmark addition to the law and economics literature have organized the Handbook into four main areas of inquiry: foundations, constitutional law and democracy, administrative design and action, and specific statutory schemes. The original contributions, authored by top scholars in the field, provide helpful introductions to important topics in public choice and public law while also exploring the institutional complexity of American democracy. Beginning with a critical introduction to the core tenets of public choice theory and concluding with comprehensive analyses of drug safety, energy regulation, and environmental law, the Handbook provides differing points of view on the foundations of these and a range of related subjects, including: direct democracy and its financial implications, the functioning of electoral processes, judicial behavior, and the structural differences between presidential and parliamentary systems. The Handbook's knowledgeable contributors offer a rich, realistic view of how public policy is made that is accessible to a broad range of readers. Summarizing much of the key literature in a range of major topics and framing that literature for open debates and further research, the Handbook is ideal for students and scholars of law, political science, and economics. Contributors: D. Carpenter, S. Croley, D.A. Farber, E. Garrett, J.E. Gersen, T. Ginsburg, R.M. Hills, Jr, S. Issacharoff, T. Jacobi, J. Mashaw, L. Miller, A.J. O'Connell, B.D. Richman, J. Rossi, C.H. Schroeder, M.L. Stearns, M.C. Stephenson, J.B. Wiener

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