Dignity Rights


Book Description

Originally published in 2012, Dignity Rights is the first book to explore the constitutional law of dignity around the world. In it, Erin Daly shows how dignity has come not only to define specific interests like the right to humane treatment or to earn a living wage, but also to protect the basic rights of a person to control his or her own life and to live in society with others. Daly argues that, through the right to dignity, courts are redefining what it means to be human in the modern world. As described by the courts, the scope of dignity rights marks the outer boundaries of state power, limiting state authority to meet the demands of human dignity. As a result, these cases force us to reexamine the relationship between the individual and the state and, in turn, contribute to a new and richer understanding of the role of the citizen in modern democracies. This updated edition features a new preface by the author, in which she articulates how, over the past decade, dignity rights cases have evolved to incorporate the convergence of human rights and environmental rights that we have seen at the international level and in domestic constitutions.




Choosing Equality


Book Description

"Examines the desegregation experience, with a focus on the impact of the Supreme Court's decisions from Brown v. Board of Education in 1954, through Parents Involved v. Seattle School District in 2007. Assesses desegregation in Delaware, one of the states involved in the original Brown litigation"--Provided by publisher.




Environmental Rights


Book Description

A comprehensive and systematic guide to environmental rights and their relationship with standards of protection globally, nationally and locally.




Legal Pathways to Deep Decarbonization in the United States


Book Description

Legal Pathways to Deep Decarbonization in the United States provides a "legal playbook" for deep decarbonization in the United States, identifying well over 1,000 legal options for enabling the United States to address one of the greatest problems facing this country and the rest of humanity. The book is based on two reports by the Deep Decarbonization Pathways Project (DDPP) that explain technical and policy pathways for reducing U.S. greenhouse gas emissions by at least 80% from 1990 levels by 2050. This 80x50 target and similarly aggressive carbon abatement goals are often referred to as deep decarbonization, distinguished because it requires systemic changes to the energy economy. Legal Pathways explains the DDPP reports and then addresses in detail 35 different topics in as many chapters. These 35 chapters cover energy efficiency, conservation, and fuel switching; electricity decarbonization; fuel decarbonization; carbon capture and negative emissions; non-carbon dioxide climate pollutants; and a variety of cross-cutting issues. The legal options involve federal, state, and local law, as well as private governance. Authors were asked to include all options, even if they do not now seem politically realistic or likely, giving Legal Pathways not just immediate value, but also value over time. While both the scale and complexity of deep decarbonization are enormous, this book has a simple message: deep decarbonization is achievable in the United States using laws that exist or could be enacted. These legal tools can be used with significant economic, social, environmental, and national security benefits. Book Reviews "A growing chorus of Americans understand that climate change is the biggest public health, economic, and national security challenge our families have ever faced and they rightly ask, ''What can anyone do?'' Well, this book makes that answer very clear: we can do a lot as individuals, businesses, communities, cities, states, and the federal government to fight climate change. The legal pathways are many and the barriers are not insurmountable. In short, the time is now to dig deep and decarbonize." --Gina McCarthy, Former U.S. Environmental Protection Agency Administrator "Legal Pathways to Deep Decarbonization in the United States sets forth over 1,000 solutions for federal, state, local, and private actors to tackle climate change. This book also makes the math for Congress clear: with hundreds of policy options and 12 years to stop the worst impacts of climate change, now is the time to find a path forward." --Sheldon Whitehouse, U.S. Senator, Rhode Island "This superb work comes at a critical time in the history of our planet. As we increasingly face the threat and reality of climate change and its inevitable impact on our most vulnerable populations, this book provides the best and most current thinking on viable options for the future to address and ameliorate a vexing, worldwide challenge of extraordinary magnitude. Michael Gerrard and John Dernbach are two of the most distinguished academicians in the country on these issues, and they have assembled leading scholars and practitioners to provide a possible path forward. With 35 chapters and over 1,000 legal options, the book is like a menu of offerings for public consumption, showing that real actions can be taken, now and in the future, to achieve deep decarbonization. I recommend the book highly." --John C. Cruden, Past Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice "This book proves that we already know what to do about climate change, if only we had the will to do it. The path to decarbonization depends as much on removing legal impediments and changing outdated incentive systems as it does on imposing new regulations. There are ideas here for every sector of the economy, for every level of government, and for business and nongovernmental organizations, too, all of which should be on the table for any serious country facing the most serious of challenges. By giving us a sense of the possible, Gerrard and Dernbach and their fine authors seem to be saying two things: (1) do something; and (2) it''s possible. What a timely message, and what a great collection." --Jody Freeman, Archibald Cox Professor of Law and Founding Director of the Harvard Law School Environmental and Energy Law Program




Academic Legal Writing


Book Description

Resource added for the Paralegal program 101101.




Self-defence in International Law


Book Description

Self-defense and the right to go to war. Originally published: New York: Praeger, [1958]. xv, 294 pp. Bowett observes that the use or threat of force by any state can be a delict, an approved sanction, or a measure taken in self-defense. He examines the evolution of self-defense doctrine in the nineteenth and early-twentieth centuries, with the assumption of the existence of a state's unlimited 'right' to go to war. He then attempts to outline the limited and provisional effects of this right under the U.N. Charter. This book was written after Bowett's term as a United Nations legal officer from 1957-1959. "Throughout the work there is a refusal to dogmatize or to state in absolute terms any aspect of the 'privilege' of self-defence in its present context. (...) [Bowett] is to be congratulated on producing a timely and scholarly survey of one of the most fundamental, and often abused, sovereign rights known to international law." --K.R. Simmonds, British Year Book of International Law 34 (1958) 432. SIR DEREK WILLIAM BOWETT [1927-2009], an international lawyer, was President of Queens' College, Cambridge from 1969-1982 and Whewell Professor of International Law, Cambridge, from 1981-1991. He was awarded a CBE in 1983 and a knighthood in 1998. He is the author of The Law of International Institutions (1963), United Nations Forces: A Legal Study (1964), The Law of the Sea (1967), The Search for Peace (1972) and The International Court of Justice (1996).




Legal Scholar’s Guidebook


Book Description

The Legal Scholar’s Guidebookdemystifies academic legal writing by providing concrete advice on topic selection, research strategies, and analytical frameworks. It is an essential resource for any serious legal scholar. Nascent scholars will find it a reassuring guide through a demanding process and experienced scholars will find it a source of encouragement. Wherever you are on your scholarly journey, the Guidebook is your compass. Scholars will benefit from: Chapter Brainstormsthat contain Questions guiding entry into stages of the research and writing process. Squelch the Impostor tips that include advice to manage stress inherent at each stage of the research and writing process. Specific assignments to methodically guide the scholar through each stage. Examples, Guides, and Checklists that provide samples to help the scholar understand expectations at each stage.




The Buffalo Creek Disaster


Book Description

The "suspenseful and completely absorbing story" (San Francisco Chronicle) of how survivors of the worst coal-mining disaster in history triumphed over corporate irresponsibility—written by the young lawyer who took on their case and won. One Saturday morning in February 1972, an impoundment dam owned by the Pittston Coal Company burst, sending a 130 million gallon, 25 foot tidal wave of water, sludge, and debris crashing into southern West Virginia's Buffalo Creek hollow. It was one of the deadliest floods in U.S. history. 125 people were killed instantly, more than 1,000 were injured, and over 4,000 were suddenly homeless. Instead of accepting the small settlements offered by the coal company's insurance offices, a few hundred of the survivors banded together to sue.




Criminalizing Sex


Book Description

In the late 20th century, the law of sexual offenses began to reflect a striking divergence. On the one hand, it became significantly more punitive in its approach to nonconsensual sexual conduct, as in the case of rape and sexual assault. On the other hand, it became more permissive in how it dealt with putatively consensual sex, such as sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. In doing so, it assumes that the proper role of criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private, consensual) sexual conduct in which they do wish to participate. Although consistent in the abstract, these dual aims frequently come into conflict in practice, as is explored in the context of a wide range of offenses.




Law in America


Book Description

Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.