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  "Procedure & Indian Children" in A Guide to Civil Procedure: Integrating Critical Legal Studies

  Neoshia Roemer

  In today’s increasingly hostile political and cultural climate, law schools throughout the country are urgently seeking effective tools to address embedded inequality in the United States legal system. A Guide to Civil Procedure aims to serve as one such tool by centering questions of systemic injustice in the teaching, learning, and practice of civil procedure.
  
  Featuring an outstanding group of diverse scholars, the contributors illustrate how law school curriculums often ignore issues such as race, gender, disability, class, immigration status, and sexual orientation. Too often, students view the #MeToo movement, Black Lives Matter, immigration/citizenship controversy, or LGBTQ+ issues as mere footnotes to their legal education, often leading to the marginalization of many students and the production of graduates that do not view issues of systemic injustice as central to their profession.
  
  A Guide to Civil Procedure reveals how procedure is, and always has been, a central pressure point in the struggle to eradicate structural inequality and oppression through the courts. This book will give students and scholars alike a more complex view of their roles as attorneys, sharpen their litigation skills, and provide a stronger sense of community and purpose in the law school classroom.

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  "Concurrent Investigations Involving Criminal, Civil, & Administrative Authorities" in The Anticorruption Manual: A Guide for State Prosecutors

  Brenda Bauges

  Provides a comprehensive overview of prosecuting corruption in the United States. This is the first publication in 30 years dedicated to guiding prosecutors who investigate and charge public corruption crimes. It is the first-ever publication designed specifically to address the needs of state and local corruption prosecutors.

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  "Adaptive Governance in North American Water Systems: A Legal Perspective on Resilience and Reconciliation" in Water Resilience: Management and Governance in Times of Change

  Barbara Cosens

  This book synthesizes current knowledge and understanding of management and governance in the context of water resilience; advances theory through synthesis of research and experiences from a variety of disciplinary perspectives. The book highlights the implications of theory and experience for innovation in practice and policy; and it explores frontiers and future research. The book further addresses the need for a consolidated, interdisciplinary approach to the theoretical advances and practical implications of water resilience for academics, resource managers, aid organizations, policy makers and citizens.

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  "Indigenous Rights to Water" in Water Law

  Barbara Cosens

  This volume of the Elgar Encyclopedia of Environmental Law provides thorough and detailed coverage of the changing meanings and roles of water law, from the local to the global. It examines the rules of ownership, rights of use, and dispute resolution that address access, allocation, and protection of water resources. Written by leading scholars and practitioners from across the globe, this authoritative volume will be a vital resource for all scholars and students of environmental law.

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  "Resilience of Legal Systems: Toward Adaptive Governance" in Multisystemic Resilience: Adaptation and Transformation in Contexts of Change

  Barbara Cosens

  Multisystemic Resilience brings together for the first time in one volume a wide range of resilience scholars who have been wrestling with how to explain processes of recovery, adaptation, and transformation in contexts of change and adversity. With contributions from psychologists, epigeneticists, ecologists, architects, disaster specialists, engineers, sociologists, social workers, and public health researchers among others, this innovative volume creates a platform for an interdisciplinary conversation about how to effectively research resilience across systems. Even more, it explores how to identify possible solutions to problems that threaten the physical and mental health of individuals, the wellbeing of our communities, and the sustainability of our planet. Every chapter provides a detailed review of systemic resilience from one disciplinary perspective, drawing from cutting edge research and case studies. Together these chapters show that considering the resilience of multiple systems at once is instrumental to understanding the processes of change and sustainability.

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  "Social-Ecological Resilience and Its Relation to the Social Pillar of Sustainable Development" in The Cambridge Handbook of Environmental Justice and Sustainable Development

  Barbara Cosens

  Despite the global endorsement of the Sustainable Development Goals, environmental justice struggles are growing all over the world. These struggles are not isolated injustices, but symptoms of interlocking forms of oppression that privilege the few while inflicting misery on the many and threatening ecological collapse. This handbook offers critical perspectives on the multi-dimensional, intersectional nature of environmental injustice and the cross-cutting forms of oppression that unite and divide these struggles, including gender, race, poverty, and indigeneity. The work sheds new light on the often-neglected social dimension of sustainability and its relationship to human rights and environmental justice. Using a variety of legal frameworks and case studies from around the world, this volume illustrates the importance of overcoming the fragmentation of these legal frameworks and social movements in order to develop holistic solutions that promote justice and protect the planet's ecosystems at a time of intensifying economic and ecological crisis.

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  "Excluded Uses: Indigenous Rights to Water" in Oxford Research Encyclopedia of Environmental Science

  Barbara Cosens

  Indigenous rights to water follow diverse trajectories across the globe. In Asia and Africa even the concept of indigeneity is questioned and peoples with ancient histories connected to place are defined by ethnicity as opposed to sovereign or place-based rights, although many seek to change that. In South America indigenous voices are rising. In the parts of the globe colonized by European settlement, the definition of these rights has been in a continual state of transition as social norms evolve and indigenous capacity to assert rights grow. From the point of European contact, these rights have been contested. They have evolved primarily through judicial rulings by the highest court in the relevant nation-state. For those nation-states that do address whether indigenous rights to land and water exist, the approach has ranged from the 18th- and 19th-century doctrines of terra nullius (the land (and resources) belonged to no one) to a recognized right of “use and occupancy” that could be usurped under the doctrine of “discovery” by the conquering power. In the 20th and 21st centuries the evolution of the recognition of indigenous rights remains uneven, reflecting the values, judicial doctrine, and degree to which the contested water resource is already developed in the relevant nation-state. Thus, indigenous rights to water range from the recognition of cultural and spiritual rights that would have been in existence at the time of European contact, to inclusion of subsistence rights, rights sufficient for economic development, rights for homeland purposes, and rights as guardian for a water resource. At the forefront in this process of recognition is the right of indigenous peoples as sovereign to control, allocate, develop and protect their own water resources. This aspirational goal is reflected in the effort to create a common global understanding of the rights of indigenous peoples through declaration and definition of the right of self-determination articulated in the UN Declaration on the Rights of Indigenous Peoples.

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  "Transformative Experience Interventions Through the Lens of Culturally Relevant Pedagogy" in Promoting Motivation and Learning in Contexts: Sociocultural Perspectives on Education Interventions

  Christopher Engle-Newman

  The body of literature has pointed to the benefits of educational interventions in facilitating improvement in school motivation and, by implication, learning and achievement. However, it is now recognized that most extant motivation and learning enhancing intervention programs are grounded in Western motivational and learning perspectives, such as attribution, expectancy-value, implicit theories of intelligence, self-determination, and self-regulated learning theories. Further, empirical evidence for the positive impacts of these interventions seems to have primarily emerged from North American settings. The cross-cultural transferability and translatability of such educational interventions, however, are often assumed rather than critically assessed and adapted before their implementation in other cultures. In this volume, the editors invited scholars to re-assess their intervention work from a sociocultural lens. Regardless of the different theoretical perspectives and strategies they adopt in their interventions, these scholars are in unison on the importance of taking into account sociodemographic backgrounds of the students and sociocultural contexts of the interventions to optimize the benefits of such interventions. Indeed, placing culture at the heart of designing, implementing, and evaluating educational interventions could be a key not only to strengthen the effectiveness and efficacy of educational interventions, but also to ensure that students of a wider and more diverse range of educational and cultural backgrounds reap the benefits from such interventions. This volume constitutes the foundation towards a deeper and more systematic understanding of culturally relevant and responsive educational interventions.

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  "Simpkins v. Grace Brethren Church of Delaware" in Feminist Judgments: Rewritten Tort Opinions

  Shaakirrah R. Sanders

  By rewriting both canonical and lesser-known tort cases from a feminist perspective, this volume exposes gender and racial bias in how courts have categorized and evaluated harm stemming from pre-natal malpractice, pregnancy loss, domestic violence, sexual assault and harassment, invasion of privacy, and the award of economic and non-economic damages. The rewritten opinions demonstrate that when confronted with gendered harm to women, courts have often distorted or misapplied conventional legal doctrine to diminish the harm or deny recovery. Bringing this implicit bias to the surface can make law students, and lawyers and judges who craft arguments and apply tort doctrines, more aware of inequalities of race, gender, class, and sexual orientation or identity. This volume shows the way forward to make the basic doctrines of tort law more responsive to the needs and perspectives of traditionally marginalized people, in ways that give greater value to harms that they disproportionately experience.

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  "Uniform Electronic Transactions Act," in Uniform Commercial Code Series

  D. Benjamin Beard

  This series provides the official code text, official comments, variations enacted by the states, and Permanent Editorial Board comments. It includes section-by-section analysis and commentary, other related legislation, and case references. It is organized by the Uniform Commercial Code (UCC) numbers for quick access and contains a concordance with more than 7,000 entries by words, phrases, and UCC section numbers. Also included are analyses of the Uniform Computer Information Transaction Act, the Uniform Electronic Transactions Act, International Commercial Conventions within the scope of the Uniform Commercial Code, Model Tribal Secured Transactions Act, and Non-UCC payment methods and systems.

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  "Adaptive Water Governance: Summary and Synthesis," in Practical Panarchy for Adaptive Water Governance: Linking Law to Social-Ecological Resilience

  Barbara Cosens

  This book presents the results of an interdisciplinary project that examined how law, policy and ecological dynamics influence the governance of regional scale water based social-ecological systems in the United States and Australia. The volume explores the obstacles and opportunities for governance that is capable of management, adaptation, and transformation in these regional social-ecological systems as they respond to accelerating environmental change. With the onset of the Anthropocene, global and regional changes in biophysical inputs to these systems will challenge their capacity to respond while maintaining functions of water supply, flood control, hydropower production, water quality, and biodiversity. Governance lies at the heart of the capacity of these systems to meet these challenges. Assessment of water basins in the United States and Australia indicates that state-centric governance of these complex and dynamic social-environmental systems is evolving to a more complex, diverse, and complex array of public and private arrangements.

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  "Assessing Adaptive Water Governance for Lake Eyre Basin and Linked Portions of the Great Artesian Basin in Australia," in Practical Panarchy for Adaptive Water Governance: Linking Law to Social-Ecological Resilience

  Barbara Cosens

  This book presents the results of an interdisciplinary project that examined how law, policy and ecological dynamics influence the governance of regional scale water based social-ecological systems in the United States and Australia. The volume explores the obstacles and opportunities for governance that is capable of management, adaptation, and transformation in these regional social-ecological systems as they respond to accelerating environmental change. With the onset of the Anthropocene, global and regional changes in biophysical inputs to these systems will challenge their capacity to respond while maintaining functions of water supply, flood control, hydropower production, water quality, and biodiversity. Governance lies at the heart of the capacity of these systems to meet these challenges. Assessment of water basins in the United States and Australia indicates that state-centric governance of these complex and dynamic social-environmental systems is evolving to a more complex, diverse, and complex array of public and private arrangements.

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  "Case Studies in Adaptation and Transformation of Ecosystems, Legal Systems, and Governance Systems," in Practical Panarchy for Adaptive Water Governance: Linking Law to Social-Ecological Resilience

  Barbara Cosens

  This book presents the results of an interdisciplinary project that examined how law, policy and ecological dynamics influence the governance of regional scale water based social-ecological systems in the United States and Australia. The volume explores the obstacles and opportunities for governance that is capable of management, adaptation, and transformation in these regional social-ecological systems as they respond to accelerating environmental change. With the onset of the Anthropocene, global and regional changes in biophysical inputs to these systems will challenge their capacity to respond while maintaining functions of water supply, flood control, hydropower production, water quality, and biodiversity. Governance lies at the heart of the capacity of these systems to meet these challenges. Assessment of water basins in the United States and Australia indicates that state-centric governance of these complex and dynamic social-environmental systems is evolving to a more complex, diverse, and complex array of public and private arrangements.

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  "Columbia River Treaty and the Dynamics of Transboundary Water Negotiations in a Changing Environment: How Might Climate Change Alter the Game?," in Water Policy and Planning in a Variable and Changing Climate

  Barbara Cosens

  This book addresses the current challenges facing western water planners and policy makers in the United States and considers strategies for managing water resources and related risks in the future. Written by highly-regarded experts in the industry, the book offers a wealth of experience, and explains the physical, socioeconomic, and institutional context for western water resource management. The authors discuss the complexities of water policy, describe the framework for water policy and planning, and identify many of the issues surrounding the subject.

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  "Governing the Freshwater Commons: Lessons from Application of the Trilogy of Governance Tools in Australia and the Western United States," in Reforming Water Law and Governance: From Stagnation to Innovation in Australia

  Barbara Cosens

  This book identifies the most effective water policy tools and innovations, and the circumstances that foster their successful implementation by taking a comparative look at a world-leading ‘laboratory’ of water law and governance: Australia. In particular, the book analyses Australia’s 20-year experience implementing a hybrid governance system of markets, hierarchical regulation, and collaborative integrated water planning.

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  "Introduction to Practical Panarchy: Linking Law, Resilience and Adaptive Water Governance of Regional Scale Social-Ecological Systems," in Practical Panarchy for Adaptive Water Governance: Linking Law to Social-Ecological Resilience

  Barbara Cosens

  This book presents the results of an interdisciplinary project that examined how law, policy and ecological dynamics influence the governance of regional scale water based social-ecological systems in the United States and Australia. The volume explores the obstacles and opportunities for governance that is capable of management, adaptation, and transformation in these regional social-ecological systems as they respond to accelerating environmental change. With the onset of the Anthropocene, global and regional changes in biophysical inputs to these systems will challenge their capacity to respond while maintaining functions of water supply, flood control, hydropower production, water quality, and biodiversity. Governance lies at the heart of the capacity of these systems to meet these challenges. Assessment of water basins in the United States and Australia indicates that state-centric governance of these complex and dynamic social-environmental systems is evolving to a more complex, diverse, and complex array of public and private arrangements.

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  "Legal Pathways to Adaptive Governance in Water Basins in North America and Australia," in Practical Panarchy for Adaptive Water Governance: Linking Law to Social-Ecological Resilience

  Barbara Cosens

  This book presents the results of an interdisciplinary project that examined how law, policy and ecological dynamics influence the governance of regional scale water based social-ecological systems in the United States and Australia. The volume explores the obstacles and opportunities for governance that is capable of management, adaptation, and transformation in these regional social-ecological systems as they respond to accelerating environmental change. With the onset of the Anthropocene, global and regional changes in biophysical inputs to these systems will challenge their capacity to respond while maintaining functions of water supply, flood control, hydropower production, water quality, and biodiversity. Governance lies at the heart of the capacity of these systems to meet these challenges. Assessment of water basins in the United States and Australia indicates that state-centric governance of these complex and dynamic social-environmental systems is evolving to a more complex, diverse, and complex array of public and private arrangements.

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  "Social-Ecological Resilience in the Columbia River Basin: The Role of Law and Governance," in Practical Panarchy for Adaptive Water Governance: Linking Law to Social-Ecological Resilience

  Barbara Cosens

  This book presents the results of an interdisciplinary project that examined how law, policy and ecological dynamics influence the governance of regional scale water based social-ecological systems in the United States and Australia. The volume explores the obstacles and opportunities for governance that is capable of management, adaptation, and transformation in these regional social-ecological systems as they respond to accelerating environmental change. With the onset of the Anthropocene, global and regional changes in biophysical inputs to these systems will challenge their capacity to respond while maintaining functions of water supply, flood control, hydropower production, water quality, and biodiversity. Governance lies at the heart of the capacity of these systems to meet these challenges. Assessment of water basins in the United States and Australia indicates that state-centric governance of these complex and dynamic social-environmental systems is evolving to a more complex, diverse, and complex array of public and private arrangements.

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  "Trajectories of Change in Regional-Scale Social-Ecological Water Systems," in Practical Panarchy for Adaptive Water Governance: Linking Law to Social-Ecological Resilience

  Barbara Cosens

  This book presents the results of an interdisciplinary project that examined how law, policy and ecological dynamics influence the governance of regional scale water based social-ecological systems in the United States and Australia. The volume explores the obstacles and opportunities for governance that is capable of management, adaptation, and transformation in these regional social-ecological systems as they respond to accelerating environmental change. With the onset of the Anthropocene, global and regional changes in biophysical inputs to these systems will challenge their capacity to respond while maintaining functions of water supply, flood control, hydropower production, water quality, and biodiversity. Governance lies at the heart of the capacity of these systems to meet these challenges. Assessment of water basins in the United States and Australia indicates that state-centric governance of these complex and dynamic social-environmental systems is evolving to a more complex, diverse, and complex array of public and private arrangements.

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  "Urban Data and the Platform City," in Cambridge Handbook of the Law of the Sharing Economy

  Stephen R. Miller

  This handbook grapples conceptually and practically with what the sharing economy - which includes entities ranging from large for-profit firms like Airbnb, Uber, Lyft, Taskrabbit, and Upwork to smaller, non-profit collaborative initiatives - means for law, and how law, in turn, is shaping critical aspects of the sharing economy. Featuring a diverse set of contributors from many academic disciplines and countries, the book compiles the most important, up-to-date research on the regulation of the sharing economy. The first part surveys the nature of the sharing economy, explores the central challenge of balancing innovation and regulatory concerns, and examines the institutions confronting these regulatory challenges, and the second part turns to a series of specific regulatory domains, including labor and employment law, consumer protection, tax, and civil rights. This groundbreaking work should be read by anyone interested in the dynamic relationship between law and the sharing economy.

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  "Urban Data and the Platform City" in The Cambridge Handbook of the Law of the Sharing Economy

  Stephen R. Miller

  This Handbook grapples conceptually and practically with what the sharing economy - which includes entities ranging from large for-profit firms like Airbnb, Uber, Lyft, Taskrabbit, and Upwork to smaller, non-profit collaborative initiatives - means for law, and how law, in turn, is shaping critical aspects of the sharing economy. Featuring a diverse set of contributors from many academic disciplines and countries, the book compiles the most important, up-to-date research on the regulation of the sharing economy. The first part surveys the nature of the sharing economy, explores the central challenge of balancing innovation and regulatory concerns, and examines the institutions confronting these regulatory challenges, and the second part turns to a series of specific regulatory domains, including labor and employment law, consumer protection, tax, and civil rights. This groundbreaking work should be read by anyone interested in the dynamic relationship between law and the sharing economy.

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  "Federal Antidiscrimination Law," in Administrators' Guide to Employment Law and Personnel Management in Schools

  John E. Rumel

  This reference on the important topics of educational employment law and personnel management provides practical, up-to-date information for current and aspiring school administrators, as well as school law attorneys and professors of education law. Many of the authors have rich experience acquired from serving in multiple educational and legal roles through the course of their careers.

  The book draws heavily from chapters adapted from the Education Law Association’s popular The Principal’s Legal Handbook 6th Edition, but goes several steps further. It includes a comprehensive review of federal anti-discrimination laws, as well as providing several hypothetical cases intended to serve as learning platforms to apply legal concepts.

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  "By Faith Alone: When Religious Beliefs and Child Welfare Collide," in The Contested Place of Religion in Family Law

  Shaakirrah R. Sanders

  Like many beliefs, religious views matter across an individual's life and the life cycle of a family - from birth to marriage, through child-rearing, and, eventually, death. This volume examines clashes over religious liberty within the personal realm of the family. Against swirling religious beliefs, secular values, and legal regulation, this volume offers a forward-looking examination of tensions between religious freedom and the state's protective function. Contributors unpack some of the Court's recent decisions and explain how they set the stage for ongoing disputes. They evaluate religious claims around birth control, circumcision, modesty, religious education, marriage, polygamy, shared parenting, corporal punishment, faith healing, divorce, and the end of life. Authors span legislators, attorneys, academics, journalists, ministers, physicians, child advocates, and representatives of minority faiths. The Contested Place of Religion in Family Law begins an overdue conversation on questions dividing the nation.

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  "Appeals From the Magistrate Division," in Idaho Appellate Handbook, 5th ed.

  Maureen Laflin

  The Handbook is designed to be an informal guide to practice before Idaho appellate courts.

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  "Appellate Settlement Conferences," in Idaho Appellate Handbook, 5th Ed.

  Maureen Laflin

  The Handbook is designed to be an informal guide to practice before Idaho appellate courts.