The Making of Environmental Law

The Making of Environmental Law
Author: Richard J. Lazarus
Publisher: University of Chicago Press
Total Pages: 335
Release: 2008-09-15
Genre: Law
ISBN: 0226470644

The unprecedented expansion in environmental regulation over the past thirty years—at all levels of government—signifies a transformation of our nation's laws that is both palpable and encouraging. Environmental laws now affect almost everything we do, from the cars we drive and the places we live to the air we breathe and the water we drink. But while enormous strides have been made since the 1970s, gaps in the coverage, implementation, and enforcement of the existing laws still leave much work to be done. In The Making of Environmental Law, Richard J. Lazarus offers a new interpretation of the past three decades of this area of the law, examining the legal, political, cultural, and scientific factors that have shaped—and sometimes hindered—the creation of pollution controls and natural resource management laws. He argues that in the future, environmental law must forge a more nuanced understanding of the uncertainties and trade-offs, as well as the better-organized political opposition that currently dominates the federal government. Lazarus is especially well equipped to tell this story, given his active involvement in many of the most significant moments in the history of environmental law as a litigator for the Justice Department's Environment and Natural Resources Division, an assistant to the Solicitor General, and a member of advisory boards of the U.S. Environmental Protection Agency, the World Wildlife Fund, and the Environmental Defense Fund. Ranging widely in his analysis, Lazarus not only explains why modern environmental law emerged when it did and how it has evolved, but also points to the ambiguities in our current situation. As the field of environmental law "grays" with middle age, Lazarus's discussions of its history, the lessons learned from past legal reforms, and the challenges facing future lawmakers are both timely and invigorating.

Making Indian Law

Making Indian Law
Author: Christian W. McMillen
Publisher: Yale University Press
Total Pages: 305
Release: 2007-01-01
Genre: History
ISBN: 030014329X

In 1941, a groundbreaking U.S. Supreme Court decision changed the field of Indian law, setting off an intellectual and legal revolution that continues to reverberate around the world. This book tells for the first time the story of that case, United States, as Guardian of the Hualapai Indians of Arizona, v. Santa Fe Pacific Railroad Co., which ushered in a new way of writing Indian history to serve the law of land claims. Since 1941, the Hualapai case has travelled the globe. Wherever and whenever indigenous land claims are litigated, the shadow of the Hualapai case falls over the proceedings. Threatened by railroad claims and by an unsympathetic government in the post - World War I years, Hualapai activists launched a campaign to save their reservation, a campaign which had at its centre documenting the history of Hualapai land use. The book recounts how key individuals brought the case to the Supreme Court against great odds and highlights the central role of the Indians in formulating new understandings of native people, their property, and their past.

The Making of Law

The Making of Law
Author: Bruno Latour
Publisher: John Wiley & Sons
Total Pages: 318
Release: 2013-04-26
Genre: Political Science
ISBN: 0745655025

In this book, Bruno Latour pursues his ethnographic inquiries into the different value systems of modern societies. After science, technology, religion, art, it is now law that is being studied by using the same comparative ethnographic methods. The case study is the daily practice of the French supreme courts, the Conseil d’Etat, specialized in administrative law (the equivalent of the Law Lords in Great Britain). Even though the French legal system is vastly different from the Anglo-American tradition and was created by Napoleon Bonaparte at the same time as the Code-based system, this branch of French law is the result of a home-grown tradition constructed on precedents. Thus, even though highly technical, the cases that form the matter of this book, are not so exotic for an English-speaking audience. What makes this study an important contribution to the social studies of law is that, because of an unprecedented access to the collective discussions of judges, Latour has been able to reconstruct in detail the weaving of legal reasoning: it is clearly not the social that explains the law, but the legal ties that alter what it is to be associated together. It is thus a major contribution to Latour’s social theory since it is now possible to compare the ways legal ties build up associations with the other types of connection that he has studied in other fields of activity. His project of an alternative interpretation of the very notion of society has never been made clearer than in this work. To reuse the title of his first book, this book is in effect the 'Laboratory Life of Law'.

Making Law

Making Law
Author: Richard C. Cahn
Publisher: Gatekeeper Press
Total Pages: 216
Release: 2020-04-14
Genre: Political Science
ISBN: 1642379522

This unique memoir tells firsthand the stories of six dramatic public court cases, and shows how lawyers, sometimes fighting to make new precedent, and impartial judges who hear their arguments, are our best protection against inappropriate governmental actions. These are adventure stories, involving ordinary people attempting to protect themselves from actions by strangers or a public official that threaten to upend their lives: A male cadet soon to be commissioned learns that newly-coed West Point intends to expel him for “walking with” a female cadet. The family of the victims of three horrifying murders committed on an American military base seek justice after the government states it will not prosecute the probable murderer. Parents of a newborn baby with life-threatening medical conditions are sued by political zealots for custody of their child and the right to make her medical decisions. Other adventures involve the author, then 34, going to Washington to ask a sharply divided Supreme Court to invalidate his county’s 300-year -old charter in the first local reapportionment case in the nation; an emotional court confrontation between the White and Black populations of a local suburban community over zoning policies that it and most other American suburbs followed for many years; and New York’s high court missing an opportunity to prevent the 2007-2008 world financial crisis. These cases affected the lives of many, and became part of a long tradition of Constitutional law gradually changing to meet new conditions. The book is a clarion call to restore the courts’ impartility.

Making Migration Law

Making Migration Law
Author: Eve Lester
Publisher: Cambridge University Press
Total Pages: 389
Release: 2018-03-22
Genre: Law
ISBN: 1107173272

This thought-provoking study examines the backstory and enduring contemporary effects of Australia's claim to an absolute right to exclude foreigners.

Making Civil Rights Law

Making Civil Rights Law
Author: Mark V. Tushnet
Publisher: Oxford University Press
Total Pages: 412
Release: 1994-02-24
Genre: Law
ISBN: 0195359224

From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.

Making Tax Law

Making Tax Law
Author: Daniel M. Berman (Lawyer)
Publisher:
Total Pages: 0
Release: 2014
Genre: Taxation
ISBN: 9781611632804

This book explores the process of making U.S. tax law and examines the ways in which considerations of tax policy, tax politics, and tax administration intersect and contribute to the development of law through the legislative process, the promulgation of regulations and other administrative guidance, and the negotiation and ratification of tax treaties. The book provides detailed information regarding the legislative process that has not been published in other resources. This insider's look into the workings of the government is derived from Berman's twenty-five-year career as a Washington, D.C. tax attorney. The book uses tax legislation as a substantive backdrop for considering the legislative process and is suited for use in J.D.- or LL.M.-level courses such as Making Tax Law, Legislation, or Federal Regulatory and Legislative Practice Seminar. "There are many tax experts, but only a very select few combine executive branch, congressional, private sector and academic perspective in the way that Dan Berman does. His views should be given extremely careful consideration." --Lawrence H. Summers, former U.S. Secretary of the Treasury and former President of Harvard University "Dan is an expert at making and practicing tax law." --Sheldon S. Cohen, former Commissioner of Internal Revenue

The Power Law

The Power Law
Author: Sebastian Mallaby
Publisher: Penguin
Total Pages: 496
Release: 2022-02-01
Genre: Business & Economics
ISBN: 0525560009

“A gripping fly-on-the-wall story of the rise of this unique and important industry based on extensive interviews with some of the most successful venture capitalists.” - Daniel Rasmussen, Wall Street Journal “A must-read for anyone seeking to understand modern-day Silicon Valley and even our economy writ large.” -Bethany McLean, The Washington Post "A rare and unsettling look inside a subculture of unparalleled influence.” —Jane Mayer "A classic...A book of exceptional reporting, analysis and storytelling.” —Charles Duhigg From the New York Times bestselling author of More Money Than God comes the astonishingly frank and intimate story of Silicon Valley’s dominant venture-capital firms—and how their strategies and fates have shaped the path of innovation and the global economy Innovations rarely come from “experts.” Elon Musk was not an “electric car person” before he started Tesla. When it comes to improbable innovations, a legendary tech VC told Sebastian Mallaby, the future cannot be predicted, it can only be discovered. It is the nature of the venture-capital game that most attempts at discovery fail, but a very few succeed at such a scale that they more than make up for everything else. That extreme ratio of success and failure is the power law that drives the VC business, all of Silicon Valley, the wider tech sector, and, by extension, the world. In The Power Law, Sebastian Mallaby has parlayed unprecedented access to the most celebrated venture capitalists of all time—the key figures at Sequoia, Kleiner Perkins, Accel, Benchmark, and Andreessen Horowitz, as well as Chinese partnerships such as Qiming and Capital Today—into a riveting blend of storytelling and analysis that unfurls the history of tech incubation, in the Valley and ultimately worldwide. We learn the unvarnished truth, often for the first time, about some of the most iconic triumphs and infamous disasters in Valley history, from the comedy of errors at the birth of Apple to the avalanche of venture money that fostered hubris at WeWork and Uber. VCs’ relentless search for grand slams brews an obsession with the ideal of the lone entrepreneur-genius, and companies seen as potential “unicorns” are given intoxicating amounts of power, with sometimes disastrous results. On a more systemic level, the need to make outsized bets on unproven talent reinforces bias, with women and minorities still represented at woefully low levels. This does not just have social justice implications: as Mallaby relates, China’s homegrown VC sector, having learned at the Valley’s feet, is exploding and now has more women VC luminaries than America has ever had. Still, Silicon Valley VC remains the top incubator of business innovation anywhere—it is not where ideas come from so much as where they go to become the products and companies that create the future. By taking us so deeply into the VCs’ game, The Power Law helps us think about our own future through their eyes.

Making Law Matter

Making Law Matter
Author: Lesley McAllister
Publisher: Stanford University Press
Total Pages: 288
Release: 2008-05-30
Genre: Law
ISBN: 0804758239

Making Law Matter presents the first book-length treatment of an innovative prosecutorial institution, the Brazilian Ministrio Publico, which refashioned itself in the 1980s into a powerful defender of citizen rights in environmental protection, as well as in other areas of public interest such as disability rights, consumer protection, and anti-corruption.

The Making of Law

The Making of Law
Author: William Suarez-Potts
Publisher: Stanford University Press
Total Pages: 361
Release: 2012-09-26
Genre: History
ISBN: 0804783489

Despite Porfirio Díaz's authoritarian rule (1877-1911) and the fifteen years of violent conflict typifying much of Mexican politics after 1917, law and judicial decision-making were important for the country's political and economic organization. Influenced by French theories of jurisprudence in addition to domestic events, progressive Mexican legal thinkers concluded that the liberal view of law—as existing primarily to guarantee the rights of individuals and of private property—was inadequate for solving the "social question"; the aim of the legal regime should instead be one of harmoniously regulating relations between interdependent groups of social actors. This book argues that the federal judiciary's adjudication of labor disputes and its elaboration of new legal principles played a significant part in the evolution of Mexican labor law and the nation's political and social compact. Indeed, this conclusion might seem paradoxical in a country with a civil law tradition, weak judiciary, authoritarian government, and endemic corruption. Suarez-Potts shows how and why judge-made law mattered, and why contemporaries paid close attention to the rulings of Supreme Court justices in labor cases as the nation's system of industrial relations was established.