Pioneers in an emergent field, the authors of Climate Change Law and Policy have created a modular and accessible text with extensive web resources. Designed for 2- and 3-credit courses, discussion, commentary, and exercises are integrated into every chapter. Tracing key legal developments, the scope of this landmark text spans international, United States, foreign, state and local, and nongovernmental efforts to address climate change. A concise text that takes a global view, Climate Change Law and Policy features: accessible and modular format that can adapt to a variety of teaching objectives timely coverage of key legal developments in climate change control around the world discussion of the role of non-nation-state actors in forming climate change policy, including cities, corporations, NGO's, and individuals draws from commentary of leading experts on each topic exercises in each chapter based on major law and policy issues extensive web resources, including updates and links
Environmental Economics: A Critique of Benefit-Cost Analysis describes, in a non-technical, readily understandable way, why the practice of benefit-cost analysis in environmental settings is heavily biased against the environment. The book provides environmentalists with the tools necessary to show policy-makers that pursuing many policies with apparent costs greater than benefits are, in fact, welfare-enhancing.
This law school casebook presents the law and policy of natural resource management in a user-friendly and engaging manner. The book covers a wide range of natural resourcesâe"from forests and wildlife to oceans and riversâe"with problem exercises and case studies for students to sharpen their understanding of the issues. The book begins with an exploration of the economic, scientific, political and ethical considerations that drive natural resource policy as well as consideration of the natural resource management challenges presented by common pool resources, scientific uncertainty, mismatched scale, market failures and institutional adequacy. The book then explores these themes and explicates the basic legal regimes for a range of resourcesâe"wildlife, fisheries, whaling, water, protected lands, range, mining, and forests. The book also considers natural resource law and management on both public lands and private property, as well as in international settings. For more information and additional teaching materials, visit the companion site.
The second edition continues the book's interdisciplinary approach to law and religion, including background materials about the religions involved in the cases and readings about comparative religion. The comparative law sections analyze international protection of religious freedom in comparison and contrast with U.S. law. The new edition features recent Supreme Court religion cases O Centro and Summum and considers lower court rulings in anticipation of cases currently before the Court, including the public cross case from California And The Hastings Law School Christian Legal Society case. A variety of state and federal cases addressing issues not resolved by the U.S. Supreme Court is also included. The relationship between science and religion receives extended treatment in Chapter 8. Updated treatment of RLUIPA is included in Chapter 4.
Modern Water Law provides a comprehensive text to study the range of legal issues and doctrines that affect water resources. This is a national book that uses many recent cases, bringing a fresh perspective to the field. The authors begin with private water use rights, including common law doctrines for riparian reasonable use and prior appropriation, as well as groundwater rights and the statutory schemes for administering water use rights. The book explores the range of public rights in water, including navigation, the public trust doctrine, federal reserved rights, and interstate water management. The book also introduces modern challenges and environmental protection goals, focusing on the energy-water nexus, water pollution, and endangered species conflicts. The final chapters combine these concepts in the context of complex watershed restoration challenges and water rights takings litigation.
More than any other environmental law survey casebook, this book conveys the substantive material in real-world practice contexts, with significant chapters on permitting and rulemaking, enforcement, compliance counseling, business transactions, and private litigation. Changes made for the second edition provide a more streamlined and coordinated presentation of the major environmental laws and programs.
In this, the second edition of State Constitutional Law: The Modern Experience, the authors present cases, scholarly writings, and other materials about our ever-evolving, ever-more-relevant state charters of government. The casebook starts by placing state constitutions in context--in the context of a federal system that leaves some powers exclusively with the States, delegates some powers exclusively to the Federal Government, and permits overlapping authority by both sovereigns in many areas. The resulting combination of state and federal charters--what might be called American Constitutional Law--presents fruitful opportunities for give and take, for exporting and importing constitutional tools and insights between and among the different sovereigns. The casebook often addresses the point by explaining how the U.S. Constitution deals with an issue before discussing how the state constitutions handle an identical or similar issue. At other times, the casebook explains and illustrates how the state constitutions contain provisions that have no parallel in the U.S. Constitution. A central theme of the book, explored in the context of a variety of constitutional guarantees, is that state constitutions provide a rich source of rights independent of the federal constitution. Considerable space is devoted to the reasons why a state court might construe the liberty and property rights found in their constitutions, to use two prominent examples, more broadly than comparable rights found in the U.S. Constitution. Among the reasons considered are: differences in the text between the state and federal constitutional provisions, the smaller scope of the state courts' jurisdiction, state constitutional history, unique state traditions and customs, and disagreement with the U.S. Supreme Court's interpretation of similar language. State constitutional law, like its federal counterpart, is not confined to individual rights. The casebook also explores the organization and structure of state and local governments, the method of choosing state judges, the many executive-branch powers found in state constitutions but not in their federal counterpart, the ease with which most state constitutions can be amended, and other topics, such as taxation, public finance and school funding. The casebook is not parochial. It looks at these issues through the lens of important state court decisions from nearly every one of our 50 States. In that sense, it is designed for a survey course, one that does not purport to cover any one State's constitution in detail but that considers the kinds of provisions found in many state charters. Like a traditional contracts, real property or torts textbook, the casebook uses the most interesting state court decisions from around the country to illustrate the astonishing array of state constitutional issues at play in American Constitutional Law. It is difficult to overstate the growing significance of state constitutional law. Many of the ground-breaking constitutional debates of the day are being aired in the state courts under their own constitutions--often as a prelude to debates about whether to nationalize this or that right under the National Constitution. To use the most salient example, it is doubtful that there would have been a national right to marriage equality in 2015, see Obergefell v. Hodges, without the establishment of a Massachusetts right to marry in 2003, see Goodridge v. Department of Public Health. In other areas of constitutional litigation--gun rights, capital punishment, property rights, school funding, free exercise claims, to name but a few--state courts often are the key innovators as well, relying on their own constitutions to address individual rights and structural debates of the twenty-first century. The mission of the casebook is to introduce students to this increasingly significant body of American law and to prepare them to practic
This abridged second edition is designed to meet the needs of undergraduate professors and students for a theoretically ambitious, doctrinally comprehensive, and fact-based exploration of issues of sexuality and gender in American public law. This new edition reflects legal changes in light of Lawrence v. Texas and other developments in this now-prominent field.
The first casebook on the subject marks the contours of the field and provides a comprehensive understanding of the law and legal discourse relating to state regulation of sex, bodies, families, and reproduction. This compilation of rich historical and contemporary primary and secondary materials, accompanied by rigorous legal analysis, considers the economic, political, legal, and social factors that influence procreation and parenting. It is attentive to questions of race, ethnicity, socio-economic status, sexual orientation, and ability. Given that reproductive rights are implicated by different bodies of law, the casebook and teacher's manual will serve as guides to help balance expertise in one particular area of the law and enable well-rounded engagement with various issues.
This casebook emphasizes current doctrine and its historical evolution in exploring the four basic foundations of federal administrative law: separation of powers, statutorily- and constitutionally-required procedures for agency adjudication and rulemaking, scope of judicial review of agency action, and the availability and timing of judicial review. The book concentrates on federal rather than state administrative law in order to provide the fundamental knowledge and concepts necessary to understand the subject, on the belief that an understanding of federal law can be translated into other settings. The book also maintains the straightforward organization and don't-hide-the-ball presentation that has characterized the book since its inception. The Seventh Edition contains five new principal cases, eight major new note cases, ten shorter new note cases, and updated treatments of all major topics. It also includes a revised Chapter I that includes an extended treatment of statutory interpretation to accommodate the increasing inclusion of Administrative Law in the first-year curriculum.
Financial Regulation: Law and Policy (2d Edition) introduces the field of financial regulation in a new and accessible way. Even though a decade has passed since the most systemic financial crisis in the last 70 years and eight years have elapsed since a major shift in regulatory design, the world is still grappling with the aftermath. In addition, technology innovations, including Bitcoin and other cryptocurrencies, market forces and a changing political environment all have combined to reframe and reorient public debate over financial regulation. The book has kept up to date with all of these changes. The book analyzes and compares the market and regulatory architecture of the entire U.S. financial sector as it exists today, from banks, insurance companies, and broker-dealers, to asset managers, complex financial conglomerates, and government-sponsored enterprises. The book explores a range of financial activities, from consumer finance and investment to payment systems, securitization, short-term wholesale funding, money markets, and derivatives. The book examines a range of regulatory techniques, including supervision, enforcement, and rule-writing, as well as crisis-fighting tools such as resolution and the lender of last resort. Throughout the book, the authors note the cross-border implications of U.S. rules, and compare, where appropriate, the U.S. financial regulatory framework and policy choices to those in other places around the globe, especially the European Union.
Receive complimentary lifetime digital access to the eBook with new print purchase. This book offers an introduction to energy law and policy both for students who seek to practice in the field and for those interested in better understanding this fascinating, critical area of law. It introduces the key federal, state, and local government actors that play differing roles in energy controversies and unpacks the multi-jurisdictional approach to energy regulation pervasive in the United States. The book explores the laws and policies governing the extraction, use, and disposal of renewable and non-renewable energy resources and provides in-depth coverage of U.S. regulation of the two major energy systems--electricity and transportation. In doing so, this book breaks away from the traditional approach of looking at energy resources one at a time. Instead, it provides a more holistic view of the field, emphasizing the major themes that run through energy law--regulation of market power, federalism tensions, and the global transition toward cleaner energy. Energy Law and Policy contains cases, sample statutes and regulations, and pertinent excerpts from energy law and policy experts. These policy-oriented, often empirical materials offer the necessary building blocks for a public law course, particularly one that covers a rapidly transitioning field. The book is organized into three parts that introduce students to the fundamental aspects of the energy sector, energy law, and the most pressing energy topics of the 21st century. The second edition builds on the first edition in a variety of ways: Enhanced coverage of legal and policy issues surrounding energy extraction on federal public lands, including coal, oil, natural gas, wind, and solar; Updated coverage of state policy changes in the areas of rooftop solar, net metering, and renewable portfolio standards; In-depth coverage of new energy-related executive orders, regulations, and policy shifts since the start of the Trump Administration; Greater discussion of energy storage technologies, electric vehicles, electric grid modernization, and cyber-security; Additional coverage of nuclear energy issues, including state subsidies for existing nuclear plants, financial concerns over investments in new nuclear plants, and facility permitting; Excerpts of new Supreme Court and federal lower court decisions on contemporary electricity policy issues, including demand response, capacity procurements, and electric transmission line planning; New developments in state regulation of hydraulic fracturing technologies; and Coverage of recent disputes over controversial energy transportation projects such as oil pipelines, natural gas pipelines, and liquefied natural gas export facilities.
This short, integrated text offers a fresh approach to a familiar field. Instead of considering resources one by one and paying special attention to federal lands, Freyfogle steps back from nature and considers the functions that natural resources law performs whenever nature is divided into private use rights. He mixes cases involving a wide range of resources, from ice and seaweed to caves and subterranean formations, on private as well as public lands. Students gain a clear sense about the elements of private use rights while exploring the many ways law can promote collective decision-making among resource users. The book should be particularly appealing to law schools in regions with few federal lands and with instructors that want to focus on basic policy issues. A 3-hour course can cover the entire book.
The new edition enables professors to teach a broad range of traditional and innovative land use law subjects, ranging from zoning and site planning to sustainable development. The first six chapters of the book focus on traditional practice areas in land use regulation at the state and local levels, and includes a full range of federal First and Fifth Amendment issues as well as preemption (all from the existing chapters in the book which have updated notes/commentary and a sprinkling of new principal cases, enough to modernize the book without requiring significant teaching overhauls). For a nuts-and-bolts approach to land use law the first two-thirds of the book will fully cover a three-credit course. The next three chapters explore land use techniques that go beyond traditional planning and Euclidean zoning such as smart growth, transit-oriented development, new urbanism, and form based zoning. Energy and building codes that address environmental and social concerns are explored, as is the topic of local environmental law that includes: aquifer, wetlands, habitat, and steep slopes protection; storm water control; and floodplains management. How environmental impact review, biological sequestration, and climate change mitigation integrate with local land use regulation is also explored. The book ends with a focus on the critical connection between human settlement patterns-the result of local zoning and land use plans-and climate change management, where students examine methods employed by local governments, with state encouragement, to use land use planning and regulation to design buildings, neighborhoods, cities, and regions to reduce energy and fossil fuel consumption and lower carbon dioxide emissions. For professors and students interested in discovering effective methods for dealing with the worsening threat of climate change, workable strategies and needed encouragement are provided. The last third of the book works well for faculty who wish to challenge students to creatively apply the tools they have learned about to address cutting edge issues facing communities. Faculty have used this material in the basic land use course, as a one credit add-on, and as material for an advanced land use course (making it convenient for students to keep the book).
Intended for a general audience, Water Law: Concepts & Insights provides both a general overview of basic water law doctrines and an exploration of how water law-the law and policies governing allocation of water-fit into broader ecological and environmental law issues. The book provides an overview of important hydrological principles before discussing the two state-law systems governing use of surface water in the United States and the five doctrines governing use of groundwater. It then explores the federal government's interests in the fresh waters of the United States, ranging from protection of navigability to federal water projects to federal water rights. Putting the law governing water use into a broader context, Water Law: Concepts & Insights then explores the intersections of state water law with energy policy and production, water quality protections, endangered species protections, and broader watershed management. It ends by returning to the concept of water rights as protected private property rights and the complexities of constitutional "takings" litigation when environmental protections interfere with those rights.
Designed to meet the requirements of 4- and 3-credit hour courses, the Seventh Edition provides an overview of contract law, featuring updated information on Uniform Commercial Code revisions and current trends in contracts scholarship. It includes discussions on the importance of promise and theories of promissory liability; contract remedies; and dispute settlement by private adjudication, including arbitration. In addition to a revised Teacher's Manual, the authors have also produced a CD-ROM Manual that includes the printed Teacher's Manual. It also features electronic briefs of each case together with suggested Socratic dialogue. These materials can be edited and printed for class use. It includes a sample syllabus; annotated table of contents with pedagogical purpose of each case in the book; and electronic copies of every case omitted from Fourth, Fifth, and Sixth Editions (just in case we omitted your favorite case) that can be easily copied and distributed (permission granted
Global markets have made antitrust law global as well. With mergers requiring approval in multiple jurisdictions, cartels in one nation affecting supply in others, and countries entering into treaties about the content or enforcement of competition laws, firms and antitrust lawyers no longer have the luxury of considering only the antitrust regulations of one nation. Antitrust law worldwide is also increasingly economic in its approach to analysing antitrust and competition policy. In the four yearssince the first edition, the globalization of antitrust law has continued apace. China has adopted an antitrust law. The EU has adopted a new Treaty, new guidelines on non-horizontal mergers, new regulations and guidelines on vertical agreements, and a Guidance Paper on abuses of dominance. In the US there have been important new Supreme Court cases (the 2009 Linkline and 2010 American Needle decisions) and the incorporation of modern economic approaches in the revised 2010 U.S. Merger Guidelines. This edition addresses new developments not only in the US and EU, but also in Australia, Brazil, Canada, Israel, Japan, South Africa, and South Korea. It also expands its coverage to add not only China's new antitrust law, but also the antitrust laws of Argentina, Chile, Colombia, Egypt, India, Indonesia, New Zealand, Peru, Russia, Saudi Arabia, Singapore, Taiwan, Thailand, Turkey, and Venezuela. This is the most global and economically sophisticated antitrust casebook on the market. Addressed to students from all jurisdictions having competition laws, it will also serve as a useful reference for practitioners, competition officials, and policy-makers interested in competition law anywhere in the world.
This cutting-edge casebook provides materials for use in law schools and in other higher education programs. The new edition continues its full coverage of core topics involving faculty (tenure, governance, and academic freedom) as well as public/private/for profit distinctions, accreditation, admissions and financial aid. It includes a new case study of the Penn State crisis and materials on key new federal regulatory mandates concerning "gainful employment," Title IX sexual assault guidance, and "direct threat" analysis under Title II.