Bøger i Concepts and Insights serien

This creative and tightly reasoned book brings a measure of coherency to this controversial and seemingly chaotic field of law. It begins by recounting the history of American religious liberty, from its Lockean origins to the First Amendment to the present day. Drawing upon that history, it identifies a set of embedded and evolving constitutional values: religious voluntarism, respect for religious identity, religious equality, and freedom of religious speech, as well as broader structural values such as preserving tradition, protecting government from religion, and protecting religion from government. The book returns to these values time and again as it explores and evaluates the Supreme Court's contemporary First Amendment doctrine under the Free Exercise and Establishment Clauses, as well as its protection of religious speech under the Free Speech Clause. A separate chapter discusses other important sources of religious freedom, including the Religious Freedom Restoration Act (RFRA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA).The book provides comprehensive and up-to-date coverage of all of the major facets of the Supreme Court's decisionmaking, including the Court's general doctrinal tests as well as its rulings and reasoning in particular areas, for example, concerning prayer and religious instruction in the public schools, religious symbolism in other settings, legislative prayer, financial aid to religious schools and organizations, and claims for religious exemptions under RFRA and RLUIPA. It provides selective coverage of lower court decisions as well, for instance, under the land use provisions of RLUIPA. It also includes references to leading academic works. In its concluding chapter, the book highlights ongoing developments in the American religious landscape and explains how they might affect the future of religious liberty in the United States.Offering clear exposition combined with creative and sophisticated analysis, this book will be of value not only to students but also to scholars, lawyers, and judges.

Makes complex doctrinal rules easier to understand by exploring the history and rationale behind the rules. The analysis is thorough and focuses both on common law doctrines and statutory reforms - with an emphasis on the Uniform Probate Code and the Uniform Trust Code.

Offers a conceptual approach to the legal issues implicit in family law. The book describes the developments of alternatives to marriage, same-sex marriage, and the expansion of assisted reproductive technology and gestational surrogacy.

Discusses and analyses principal concepts of administrative law and process, including the political and legal nature of administrative law; legislative control of administrative discretion; executive control of administrative discretion; judicial control of agency discretion (threshold issues, procedural issues, substantive issues); and access to private and public information.

Provides a one-volume treatment of the basic analytical structure and legal policy issues informing US employment law. The full range of the subject matter is examined with chapters on defining who are employees; employment contracts; employment torts; workplace privacy; post-termination restraints; employee benefits; and more.

This book is intended as an introduction to the field of employment discrimination law, both at the abstract level of theory and at the concrete level of doctrine. It is as much an introduction for experienced lawyers and scholars who come to this field with a thorough knowledge of other aspects of the law as for law students who have just begun preparing for their careers.

Offers a state-of-the-art study of products liability, showing how ancient laws have evolved into liability rules capable of solving the safety questions raised by new or emerging technologies, ranging from autonomous vehicles to the Amazon online marketplace.

Appreciating the challenges the system faces in an era of declining unionization rates in private firms and rising competitive forces in labor markets, this one-volume, concise treatise gives students an appreciation of the analytical structure of the law that governs how employees can form workplace organisations and bargain over the terms and conditions of employment.

This law school casebook instructs students on natural resources law and policy. The book covers a wide range of natural resources -- from forests and wildlife to oceans and rivers -- with problems exercises and case studies for students to sharpen their understanding of the issues.

Offers concepts of and insights into the forms and functions of complex litigation issues, including their implications. Helps students in such courses to review and study, as well as serves as a reference book for students once they are in practice.

Provides a broad yet detailed understanding of the major components of energy systems, energy infrastructure, and energy markets and the laws that guide their development. The book covers all major energy policy sectors, and will serve as a valuable resource for students of law, business, and public policy as well as practicing attorneys.

Written by a leading national scholar, Farber's coverage of the First Amendment is clear and incisive. All of the major areas of this complex doctrine are reviewed, including the religion clauses. The text also probes theories of free speech and debates over controversial issues such as campaign finance, hate speech, and religious exemptions.

Provides a reader-friendly, accessible overview of unincorporated business associations. While emphasizing the doctrinal issues taught in today's unincorporated business associations classes, it places significant emphasis on economic analysis of the major issues in that course.

The death penalty is contested across modern social, political, academic, and legal institutions, and this interdisciplinary text helps readers analyse that debate. The text explores the legal rules and moral reasoning behind the principle of the death penalty, as well as the uncomfortable realities of American capital punishment.