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Turning to the Heavens and the Earth
The Earth needs our attention--the best of our intellectual, ethical, and spiritual wisdom and action. In this collection, written in honor of Elizabeth A. Johnson, scholars from the United States and around the world contribute their insights on how theology today can and must turn to the world in new ways in light of contemporary science and our ecological crisis. The essays in this collection advance theological visions for the human task of healing our destructive relationship with the earth and envision hope for our planet's future. Contributors: Kevin Glauber Ahern, Erin Lothes Biviano, Lisa Sowle Cahill, Colleen Mary Carpenter, David Cloutier, Kathy Coffey, Carol J. Dempsey, OP, Denis Edwards, William French, Ivone Gebara, John F. Haught, Mary Catherine Hilkert, OP, Sallie McFague, Eric Daryl Meyer, Richard W. Miller, Jürgen Moltmann, Jeannette Rodriguez, Michele Saracino
Why Environmental Policies Fail
The real question examined by this book is not the extent of the failure of environmental policy, but exactly why did the policy fail?
America's Frozen Neighborhoods
This book examines local zoning policies and suggests reforms that states and the federal government might adopt to counter the negative effects of exclusionary zoning In this book, Robert Ellickson asserts that local zoning policies are the most consequential regulatory program in the United States. Many localities have created barriers to the development of less costly forms of housing. Numerous economists have found that current zoning practices inflict major damage on the national economy. Using Silicon Valley, the Greater New Haven area, and the northwestern portion of Greater Austin as case studies, Ellickson shows in unprecedented detail how the zoning system works and recommends steps for its reform. Zoning regulations, Ellickson demonstrates, are hard to dislodge once localities have enacted them. He develops metrics to measure the existence and costs of exclusionary zoning, and suggests reforms that states and the federal government could undertake to counter the detrimental effects of local policies. These include the cartelization of housing markets and the aggravation of racial and class segregation.
Harvard Law Review: Volume 129, Number 7 - May 2016
The May 2016 issue, Number 7, features these contents: • Article, "The Positive Law Model of the Fourth Amendment," by William Baude and James Y. Stern • Essay, "Deference and Due Process," by Adrian Vermeule • Book Review, "How to Explain Things with Force," by Mark Greenberg • Note, "Free Speech Doctrine After Reed v. Town of Gilbert" Furthermore, student commentary analyzes Recent Cases on the Affordable Care Act and the origination clause; statutory interpretation and the Video Privacy Protection Act; and commercial speech doctrine and the FDA's power to prosecute non-misleading statements after modifying text. Other commentary examines South Carolina's legislative effort to to d...
The Law of American State Constitutions
The second edition of The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Drawing on examples from specific states, Professors Williams and Friedman analyze the nature and function of state constitutions in contrast to the federal Constitution, including rights, separation of powers, issues of interpretation, and the processes for amendment and revision. In this edition, Williams and Friedman focus on recent developments, including the state constitutional dimensions of same-sex marriage and the reaction of state courts to U.S. Supreme Court decisio...
Law’s Abnegation
Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.
Dressing Constitutionally
This book examines how the intertwining of clothes and the United States Constitution raises fundamental questions of hierarchy, sexuality and democracy. Constitutional considerations both constrain and confirm daily choices. In turn, appearances provide multilayered perspectives on the Constitution and its interpretations. Garments often raise First Amendment issues of expression or religion, but they also prompt questions of equality on the basis of gender, race and sexuality. At work, in court, in schools, in prisons and on the streets, clothes and grooming provoke constitutional controversies. Additionally, the production, trade and consumption of apparel implicates constitutional concerns including colonial sumptuary laws, slavery, wage and hour laws, and current notions of free trade. The regulation of what we wear - or do not - is ubiquitous. From a noted constitutional scholar and commentator, this book examines the rights to expression and equality, as well as the restraints on government power, as they both limit and allow control of our most personal choices of attire and grooming.
The Regulatory State
Distinguished by a practical focus on how federal administrative agencies make decisions and how political institutions influence and courts review those decisions, with coverage tailored to 1L or upper-level courses on the regulatory state or legislation and regulation. Uses primary source materials drawn from agency rules, adjudicatory orders, and guidance documents to show how lawyers engage agencies. Uses an accessible central example (auto safety) throughout to make the materials cohesive and accessible. Presents legislation with attention to modern developments in the legislative process. Presents statutory interpretation in useful terms, highlighting the “tools” that courts employ...
Reorganizing Government
A pioneering model for constructing and assessing government authority and achieving policy goals more effectively Regulation is frequently less successful than it could be, largely because the allocation of authority to regulatory institutions, and the relationships between them, are misunderstood. As a result, attempts to create new regulatory programs or mend under-performing ones are often poorly designed. Reorganizing Government explains how past approaches have failed to appreciate the full diversity of alternative approaches to organizing governmental authority. The authors illustrate the often neglected dimensional and functional aspects of inter-jurisdictional relations through in-d...
Manufactured Uncertainty
In this provocative work, Lorraine Code returns to the idea of "epistemic responsibility," as developed in her influential 1987 book of the same name, to confront the telling new challenges we now face to know the world with some sense of responsibility to other "knowers" and to the sustaining, nonhuman world. Manufactured Uncertainty focuses centrally on the environmental and cultural crises arising from postindustrial, man-made climate change, which have spawned new forms of passionately partisan social media that directly challenge all efforts to know with a sense of collective responsibility. How can we agree to act together, Code asks, even in the face of inevitable uncertainty, given t...
