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Is there a unique visual infrastructure that keeps and defines a culture? Professor Guillen discusses a culture built entirely on the visual modality and, most significantly, on that province of the visual we negotiate through the written word. Although this work analyzes features critical to the American legal tradition from its origins in Anglo-Saxon jurisprudence to recent Supreme Court decisions---substantially exploring Judge Scalia's "originalist" movement and Posner's law and economics theories---the presiding agency remains the power of the written language to provide scaffolding to American culture. Writing, it is argued, contours: our worldview, our laws, morality, science, social ...
The essays in Marriage Proposals envision a variety of scenarios in which adults would continue to join themselves together seeking permanent companionship and sustenance, linking sexual intimacy to a long commitment, usually caring for each other, and building new families. What would disappear are the legal consequences associated with marriage. No joint income tax return; no immigration privileges like the “fiancée visa” or the right to bring in a husband or wife; no special statuses for prison visits or hospital decisions; no prerogative to remain silent in court by claiming “confidential marital communications”; no pension entitlements; no marital benefits and detriments regard...
Property: Values and Institutions, by Hanoch Dagan, offers an original understanding of property, different from the dominant voices in the field, yet loyal to the practice of property. It rejects the misleading dominant binarism in which property is either one monistic form, structured around Blackstone's (in)famous formula of sole and despotic dominion, or a formless bundle of rights. Instead, it conceptualizes property as an umbrella for a set of institutions bearing a mutual family resemblance. It resists the prevailing tendency to discuss property through the prism of only one particular value, notably efficiency. Dagan argues that property can, and should, serve a pluralistic set of li...
Higher Education Law is a comprehensive and accessible guide to the law of higher education. Drawing from real-life cases on United States campuses, the authors equip readers with the tools and knowledge to effectively respond in an environment of increasing litigation. This textbook clearly explains the higher education law emanating from federal and state constitutions, as well as the common law flowing from appellate courts throughout the US. Addressing a clear gap in the literature currently available, this text provides: an explanation of the point of law case examples rules of law case notes "context setting" This innovative approach weaves law into its historical, political and sociological context, and is designed to help students and professors better understand the law as it applies to colleges and universities. It also provides higher education administrators in student affairs, development, philanthropy, and financial affairs with clear guidance on the legal responsibilities of their respective offices.
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The Clean Air Act of 1970 set out for the United States a basic, yet ambitious, objective to reduce pollution to levels that protect health and welfare. The Act set out state and federal regulations to limit emissions and the Environmental Protection Agency was established to help enforce the regulations. The Act has since had several amendments, notably in 1977 and 1990, and has successfully helped to increase air quality. This book reviews the history of the Clean Air Act of 1970 including the political, business, and scientific elements that went into establishing the Act, emphasizing the importance that scientific evidence played in shaping policy. The analysis then extends to examine th...
The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
This book discusses the current topic of Federal Government regulations increasingly assessed by asking whether the benefits of the regulation justifies the cost of the regulation.