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"Commercial Speech and Advertising," in Mass Communication Law in Idaho, 3rd Ed.
Shaakirrah R. Sanders
Media law in Idaho is sometimes sticky, but is often clear-cut if one takes the time to look up the law. Unfortunately, too many people do not have the time nor the understanding of where to turn for the information.
That is why this book was re-written. The first book was written in 1986, but the first under this title was published in 1992 by New Forums Press and re-issued under another title in 2003. In all cases, the intent of the authors was and is to help people understand media law in the state — a central location to find out about open meetings, shield law, advertising law, defamation and other media law issues in Idaho.
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"Defamation and Libel," in Mass Communication Law in Idaho, 3rd. Ed.
Shaakirrah R. Sanders
Media law in Idaho is sometimes sticky, but is often clear-cut if one takes the time to look up the law. Unfortunately, too many people do not have the time nor the understanding of where to turn for the information.
That is why this book was re-written. The first book was written in 1986, but the first under this title was published in 1992 by New Forums Press and re-issued under another title in 2003. In all cases, the intent of the authors was and is to help people understand media law in the state — a central location to find out about open meetings, shield law, advertising law, defamation and other media law issues in Idaho.
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"Invasion of Privacy," in Mass Communication Law in Idaho, 3rd. Ed.
Shaakirrah R. Sanders
Media law in Idaho is sometimes sticky, but is often clear-cut if one takes the time to look up the law. Unfortunately, too many people do not have the time nor the understanding of where to turn for the information.
That is why this book was re-written. The first book was written in 1986, but the first under this title was published in 1992 by New Forums Press and re-issued under another title in 2003. In all cases, the intent of the authors was and is to help people understand media law in the state — a central location to find out about open meetings, shield law, advertising law, defamation and other media law issues in Idaho.
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"Obscenity and Indecency," in Mass Communication Law in Idaho
Shaakirrah R. Sanders
Media law in Idaho is sometimes sticky, but is often clear-cut if one takes the time to look up the law. Unfortunately, too many people do not have the time nor the understanding of where to turn for the information.
That is why this book was re-written. The first book was written in 1986, but the first under this title was published in 1992 by New Forums Press and re-issued under another title in 2003. In all cases, the intent of the authors was and is to help people understand media law in the state — a central location to find out about open meetings, shield law, advertising law, defamation and other media law issues in Idaho.
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"Arizona Homeland Standard Measure of Indian Water Rights" in Tribal Water Rights: Essays in Contemporary Law, Policy, and Economics
Barbara Cosens
The settlement of Indian water rights cases remains one of the thorniest legal issues in this country, particularly in the West. In a previous book, Negotiating Tribal Water Rights, Colby, Thorson, and Britton presented a general overview of the processes involved in settling such cases; this volume provides more in-depth treatment of the many complex issues that arise in negotiating and implementing Indian water rights settlements. Tribal Water Rights brings together practicing attorneys and leading scholars in the fields of law, economics, public policy, and conflict resolution to examine issues that continue to confront the settlement of tribal claims. With coverage ranging from the differences between surface water and groundwater disputes to the distinctive nature of Pueblo claims, and from allotment-related problems to the effects of the Endangered Species Act on water conflicts, the book presents the legal aspects of tribal water rights and negotiations along with historical perspectives on their evolution
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"The Local Official and Climate Change," in Contemporary Issues in Climate Change Law and Policy: Essays Inspired by the IPCC
Stephen R. Miller
About
The Intergovernmental Panel on Climate Change’s most recent set of reports, generally referred to collectively as the Fifth Assessment Report, present significant data and findings about climate change. But what role does law play in addressing and responding to these findings? This book, the second by the Environmental Law Collaborative, an affiliation of environmental law professors, focuses on the relationship between law and the Fifth Assessment Report in hopes of bridging this gap. This book’s chapters are illustrative of the overwhelming number of legal issues that climate change creates. Some of the contributions remain directly tied to the text of the IPCC’s reports, while others focus on climate change more generally. Together, this volume contributes to a constructive and helpful discussion about how to address the climate change challenge.
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"The Local Official and Climate Change" in Contemporary Issues in Climate Change Law and Policy: Essays Inspired by the IPCC
Stephen R. Miller
The Intergovernmental Panel on Climate Change’s most recent set of reports, generally referred to collectively as the Fifth Assessment Report, present significant data and findings about climate change. But what role does law play in addressing and responding to these findings? This book, the second by the Environmental Law Collaborative, an affiliation of environmental law professors, focuses on the relationship between law and the Fifth Assessment Report in hopes of bridging this gap. This book’s chapters are illustrative of the overwhelming number of legal issues that climate change creates. Some of the contributions remain directly tied to the text of the IPCC’s reports, while others focus on climate change more generally. Together, this volume contributes to a constructive and helpful discussion about how to address the climate change challenge
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"Commentary on United States v. Morrison," in Feminist Judgments: Rewritten Opinions of the United States Supreme Court
Shaakirrah R. Sanders
What would United States Supreme Court opinions look like if key decisions on gender issues were written with a feminist perspective? Feminist Judgments brings together a group of scholars and lawyers to rewrite, using feminist reasoning, the most significant US Supreme Court cases on gender from the 1800s to the present day. The twenty-five opinions in this volume demonstrate that judges with feminist viewpoints could have changed the course of the law. The rewritten decisions reveal that previously accepted judicial outcomes were not necessary or inevitable and demonstrate that feminist reasoning increases the judicial capacity for justice. Feminist Judgments opens a path for a long overdue discussion of the real impact of judicial diversity on the law as well as the influence of perspective on judging.
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"Sustainable Cities of Tomorrow: A Land Use Response to Climate Change" in Rethinking Sustainable Development to Meet the Climate Change Challenge
Stephen R. Miller
Has the concept of sustainability as we know it reached the end of its useful life? It is a term that means many things to many people, but it has been a positive driving force across all levels of society in a broad-based effort—either through laws and treaties or voluntary action—to keep our planet and our people healthy. But none of those efforts have managed to prevent climate change. It’s a reality that’s here to stay, and it’s bigger than we would have imagined even 20 years ago.
This volume presents a collection of papers from experts in the field articulating a wide range of thoughtful ways in which various conceptions of sustainability need to be re-examined, refined, or articulated in greater detail to address these challenges. The chapters reflect the kind of thoughtful and sophisticated thinking that is needed to accelerate the transition to sustainability in the face of a changing climate. As editors Jessica Owley and Keith Hirokawa note, one of the main challenges is the need for a better understanding of the issues and developing the proper means of communicating them.
The chapter authors demonstrate that sustainability provides a creative space within which to develop ideas and proposals to further social, economic, and environmental goals at the same time. Many propose new or modified laws and policies. All of them contribute to a constructive and helpful discussion about how to address what is easily one of the most difficult and important questions facing the planet.
Rethinking Sustainability will be helpful to a wide range of audiences—lawyers and policymakers as well as students and their teachers.
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"Resilience and Water Governance: Addressing Fragmentation and Uncertainty in Water Allocation and Water Quality Law" in Social-Ecological Resilience and Law
Barbara Cosens
Environmental law envisions ecological systems as existing in an equilibrium state, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past four decades, "resilience theory," which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has provided a robust, invaluable foundation for sound environmental management. Reforming American law to incorporate this knowledge is the key to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law
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"Boundaries of Nature and the American City" in Environmental Law and Contrasting Ideas of Nature: A Constructivist Approach
Stephen R. Miller
Law's ideas of nature appear in different doctrinal and institutional settings, historical periods, and political dialogues. Nature underlies every behavior, contract, or form of wealth, and in this broad sense influences every instance of market transaction or governmental intervention. Recognizing that law has embedded discrete constructions of nature helps in understanding how humans value their relationship with nature. This book offers a scholarly examination of the manner in which nature is constructed through law, both in the 'hard' sense of directly regulating human activities that impact nature, and in the 'soft' manner in which law's ideas of nature influence and are influenced by behaviors, values, and priorities. Traditional accounts of the intersection between law and nature generally focus on environmental laws that protect wilderness. This book will build on the constructivist observation that when considered as a culturally contingent concept, 'nature' is a self-perpetuating and self-reinforcing social creation.
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"Culture and the Rule of Law: Cautions for Constitution-Making," in A Road Map of a New Constitution for Turkey: Essays in Comparative Constitutional Law
David Pimentel
In the last twenty years, the making of constitutions has gained considerable momentum in countries that have transitioned away from colonialist or communist regimes. Even though this new constitutionalism movement has been received favorably for the most part, some political scientists and lawyers approach these activities with suspicion and skepticism. One of these individuals, and perhaps the most important, is Ran Hirschl. He argues that it is inaccurate to claim that establishing judicial review and constitutionalizing rights will have benefits such as a fair redistribution of social reforms and a balance of power. The new constitutionalism activities, Hirschl believes, are a strategic product of homogenous political elites, along with their associated economic interest groups and judiciary directors. This coalition, concerned only with themselves, is made up of people who are the decision makers when constitutional reforms take place, and who decide on the overall scope and structure of those reforms. Many examples of this can be given from the constitutional implementations in Turkey, including the review of constitutional changes based on principle, the shutting down of political parties, privatization or the unbreakable system of guardianship, and statutes made by legal or constitutional reforms related to religious freedoms and the liberty of conscience.
When a new constitution is made, it must include input from a wide range of society, and should not simply be the work of that society’s elites. Otherwise, even if it’s drafted within a legitimate political system, the constitution will not be an effective long-term solution. In this regard we believe it is crucially important to examine the constitution-making processes of Kenya and South Africa, as well as other constitutional issues from around the world. Our hope is that the new civil constitution being prepared in Turkey will be constructed based on a model that allows for public input both during and after the constitution-making period.
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"Global Theatre of Justice?" in Brandeis Meets Gutenberg
Donald L. Burnett Jr.
In 1991, a faculty exchange relationship was established between Johannes Gutenberg-University in Mainz (Germany) and Louis D. Brandeis School of Law at the University of Louisville (USA). Since that time, numerous lectures, speeches and panel-talks discussing a broad range of topics were held. Today, the Mainz-Louisville exchange is a vital program that strengthens the international profile of both faculties. This collection honors the twentieth anniversary of the exchange program and presents the scientific output created in both historical and current contexts.
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"A Vision of Interdisciplinary Graduate Education in Water and Environmental Resources in 2050" in Toward a Sustainable Water Future: Visions for 2050
Barbara Cosens
Toward a Sustainable Water Future: Visions for 2050 showcases the opinions of more than 50 experts who draw an optimistic picture of environmental and water resource conditions and issues midway through the 21st century. These authorities—distinguished professionals in environmental and water resources engineering, ecology, economics, and law—describe the pathways that could transform today's visions into future reality. Each chapter addresses a specific issue in water resources planning and policy, education, or science and technology and identifies the steps to shape a future of water security and sustainability. This collection of essays challenges readers to consider how society can manage natural and cultural resources to benefit present and future generations. It will be of particular interest to students, educators and practitioners in water resource engineering, as well as planners, environmental managers, and government officials at all levels.
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"A Vision of Interdisciplinary Graduate Education in Water and Environmental Resources in 2050" in Toward a Sustainable Water Future: Visions for 2050
Barbara Cosens
Toward a Sustainable Water Future: Visions for 2050 showcases the opinions of more than 50 experts who draw an optimistic picture of environmental and water resource conditions and issues midway through the 21st century. These authorities—distinguished professionals in environmental and water resources engineering, ecology, economics, and law—describe the pathways that could transform today's visions into future reality. Each chapter addresses a specific issue in water resources planning and policy, education, or science and technology and identifies the steps to shape a future of water security and sustainability.
This collection of essays challenges readers to consider how society can manage natural and cultural resources to benefit present and future generations. It will be of particular interest to students, educators and practitioners in water resource engineering, as well as planners, environmental managers, and government officials at all levels.
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"Interdisciplinary Graduate Education in Water and Environmental Resources in 2050" in World Environmental and Water Resources Congress 2010: Challenges of Change
Barbara Cosens
Proceedings of the World Environmental and Water Resources Congress 2010, held in Providence, Rhode Island, May 16-20, 2010. Sponsored by the Environmental and Water Resources Institute of ASCE. This collection contains 484 papers that address areas of environmental and water resources engineering that will see dramatic change in the future. Perhaps first and foremost among these topics is climate change, and some 50 papers study aspects of evaluating, responding to, and planning for the impacts of climate change. Also of continuing interest is strategies that can deal with managing the ever-growing conflicts associated with sustaining our nation's water. Other important topics include the systematic management of resources; the efficient and safe transmission of water through distribution systems; low-impact development of water resources; groundwater management; and urban hydrology. Special sessions include: 7th Urban Watershed Management Symposium; 8th Groundwater Hydrology, Quality, and Management Symposium; 12th Water Distribution System Analysis Symposium; and Climate Change. Together, the papers explore exploring well-defined challenges that have yet to be solved, update researchers and practitioners on recent accomplishments, and identify emerging challenges both to this nation and the world.
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"Lacey Act" in Berkshire Encyclopedia of Sustainabilty, Vol. 3: The Law and Politics of Sustainability
Dale Goble
The Law and Politics of Sustainability explores efforts made to address pressing environmental concerns through legislation, conventions, directives, treaties, and protocols. Articles explain the mechanics of environmental law, the concepts that shape sustainable development, case studies and rulings that have set precedents, approaches to sustainable development taken by legal systems around the world, and more. Experts and scholars in the field raise provocative questions about the effectiveness of international law versus national law in protecting the environment, and about the effect of current laws on future generations. They analyze the successes and shortcomings of present legal instruments, corporate and public policies, social movements, and conceptual strategies, offering readers a preview of the steps necessary to develop laws and policies that will promote genuine sustainability.
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"Free Association and Surveillance: The Implications of U.S. Anti-Terrorism Policy" in U.S. National Security, Intelligence and Democracy
Elizabeth Brandt
This volume examines the investigation by the 1975 Senate Select Committee (‘Church Committee’) into US intelligence abuses during the Cold War, and considers its lessons for the current ‘war on terror’.
This report remains the most thorough public record of America’s intelligence services, and many of the legal boundaries operating on US intelligence agencies today are the direct result of reforms proposed by the Church Committee, including the Foreign Intelligence Surveillance Act. The Church Committee also drew attention to the importance of constitutional government as a Congressional body overseeing the activities of the Executive branch. Placing the legacy of the Church Committee in the context of the contemporary debate over US national security and democratic governance, the book brings together contributions from distinguished policy leaders and scholars of law, intelligence and political science.
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"Experimental Populations" in Endangered Species Act: Law, Policy and Perspectives, Second Edition
Dale D. Goble
Endangered Species Act: Law, Policy and Perspectives is an authoritative guide to the history of the ESA, the Act's most critical sections, the twists and turns of its implementation, and the cutting-edge issues facing the protection of endangered wildlife and its habitat. This updated edition serves as a guide for both the novice and the more experienced practitioner to the ins and outs of the ESA. It begins with the building blocks of the ESA: the processes for listing species and designating critical habitat.
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"Recovery," in Endangered Species Act: Law, Policy, and Perspectives
Dale D. Goble
The Endangered Species Act provides a comprehensive approach to the complex problem of species extinction. This is an authoritative guide to the history of the ESA, the Act's most critical sections, the twists and turns of its implementation, and the cutting-edge issues facing the protection of endangered wildlife and its habitat.
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"Administrative Agencies: General Concepts and Principles" in South Carolina Administrative Practice and Procedure
Richard Henry Seamon
Administrative law in South Carolina has undergone radical and pervasive changes in the last twenty years. Not only has the body of case law dramatically increased, state agency regulatory schemes have grown, due process standards have been more clearly defined, and administrative procedures have become more formal and consistent. Perhaps the most important development in state administrative practice and procedure over the past two decades has been the creation and expansion of the Administrative Law Court. Administrative law touches practically all facets of everyday life and everyday law practice. It provides the framework by which state government administers service, policy, licensing and permitting, and taxation programs. Administrative law regulates telephone and power rates, determines taxes and rates, protects air and water from pollution, oversees and controls the availability of and access to healthcare services for many of our citizens, sets insurance rates, sanitation standards on restaurants, sets policy for and controls property use, regulates workplace safety, and performs a host of other functions that affect virtually every segment of everyday society.
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"Domestic Surveillance for International Terrorists: Presidential Power and Fourth Amendment Limits" in U.S. National Security, Intelligence and Democracy: From the Church Committee to the War on Terror
Richard Henry Seamon
This volume examines the investigation by the 1975 Senate Select Committee (‘Church Committee’) into US intelligence abuses during the Cold War, and considers its lessons for the current ‘war on terror’. This report remains the most thorough public record of America’s intelligence services, and many of the legal boundaries operating on US intelligence agencies today are the direct result of reforms proposed by the Church Committee, including the Foreign Intelligence Surveillance Act. The Church Committee also drew attention to the importance of constitutional government as a Congressional body overseeing the activities of the Executive branch. Placing the legacy of the Church Committee in the context of the contemporary debate over US national security and democratic governance, the book brings together contributions from distinguished policy leaders and scholars of law, intelligence and political science.
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"Derivative Versus Direct Liability as a Basis for State Liability for Transboundary Harms" in Transboundary Harm in International Law: Lessons from the Trail Smelter Arbitration
Mark Anderson
This book reveals the many harms which flow across the ever-more porous sovereign borders of a globalizing world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.
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"Conserving Biodiversity in Human-Dominated Landscapes," in Endangered Species Act at Thirty, Vol. 2
Dale D. Goble
A companion volume to The Endangered Species Act at Thirty: Renewing the Conservation Promise, this book examines the key policy tools available for protecting biodiversity in the United States by revisiting some basic questions in conservation: What are we trying to protect and why? What are the limits of species-based conservation? Can we develop new conservation strategies that are more ecologically and economically viable than past approaches?
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