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Bending the Law is a must read for bankruptcy practitioners, and for anyone else concerned about the use of bankruptcy law to deal with mass torts.
This title provides managers, executives and other professionals with an innovative method for critical decision-making. The book explains the reasons for decision failures using the Law of Unintended Consequences. This account draws on the work of sociologist Robert K. Merton, psychologists Amos Tversky and Daniel Kahneman, and economist Herbert Simon to identify two primary causes⁠: cognitive biases and bounded rationality. It introduces an innovative method for “test driving” decisions that addresses both causes by combining scenario planning and “what-if” simulations. This method enables professionals to learn safely from virtual mistakes rather than real ones. It also provides four sample test drives of realistic critical decisions as well as two instructional videos to illustrate this new method. This book provides leaders and their support teams with important new tools for analyzing and refining complex decisions that are critical to organizational well-being and survival.
Who determines the fuel standards for our cars? What about whether Plan B, the morning-after pill, is sold at the local pharmacy? Many people assume such important and controversial policy decisions originate in the halls of Congress. But the choreographed actions of Congress and the president account for only a small portion of the laws created in the United States. By some estimates, more than ninety percent of law is created by administrative rules issued by federal agencies like the Environmental Protection Agency and the Department of Health and Human Services, where unelected bureaucrats with particular policy goals and preferences respond to the incentives created by a complex, procedure-bound rulemaking process. With Bending the Rules, Rachel Augustine Potter shows that rulemaking is not the rote administrative activity it is commonly imagined to be but rather an intensely political activity in its own right. Because rulemaking occurs in a separation of powers system, bureaucrats are not free to implement their preferred policies unimpeded: the president, Congress, and the courts can all get involved in the process, often at the bidding of affected interest groups. However, rather than capitulating to demands, bureaucrats routinely employ “procedural politicking,” using their deep knowledge of the process to strategically insulate their proposals from political scrutiny and interference. Tracing the rulemaking process from when an agency first begins working on a rule to when it completes that regulatory action, Potter shows how bureaucrats use procedures to resist interference from Congress, the President, and the courts at each stage of the process. This exercise reveals that unelected bureaucrats wield considerable influence over the direction of public policy in the United States.
Essential for students and scholars in politics and law, Pelc provides a comprehensive account of the politics of treaty flexibility.
When the Fifteenth Amendment of 1870 granted African Americans the right to vote, it seemed as if a new era of political equality was at hand. Before long, however, white segregationists across the South counterattacked, driving their black countrymen from the polls through a combination of sheer terror and insidious devices such as complex literacy tests and expensive poll taxes. Most African Americans would remain voiceless for nearly a century more, citizens in name only until the passage of the 1965 Voting Rights Act secured their access to the ballot. In Bending Toward Justice, celebrated historian Gary May describes how black voters overcame centuries of bigotry to secure and preserve one of their most important rights as American citizens. The struggle that culminated in the passage of the Voting Rights Act was long and torturous, and only succeeded because of the courageous work of local freedom fighters and national civil rights leaders -- as well as, ironically, the opposition of Southern segregationists and law enforcement officials, who won public sympathy for the voting rights movement by brutally attacking peaceful demonstrators. But while the Voting Rights Act represented an unqualified victory over such forces of hate, May explains that its achievements remain in jeopardy. Many argue that the 2008 election of President Barack Obama rendered the act obsolete, yet recent years have seen renewed efforts to curb voting rights and deny minorities the act's hard-won protections. Legal challenges to key sections of the act may soon lead the Supreme Court to declare those protections unconstitutional. A vivid, fast-paced history of this landmark piece of civil rights legislation, Bending Toward Justice offers a dramatic, timely account of the struggle that finally won African Americans the ballot -- although, as May shows, the fight for voting rights is by no means over.
A searing exposé of the profound failures in our justice system, told by a woman who has journeyed from wrongfully accused prisoner to acclaimed public defender Keeda Haynes was a Girl Scout and a churchgoer, but after college graduation, she was imprisoned for a crime she didn’t commit. Her boyfriend had asked her to sign for some packages—packages she did not know were filled with marijuana. As a young Black woman falsely accused, prosecuted, and ultimately imprisoned, Haynes suffered the abuses of our racist and sexist justice system. But rather than give in to despair, she decided to fight for change. After her release, she attended law school at night, became a public defender, and ultimately staged a highly publicized campaign for Congress. At every turn of her unlikely story, she gives unique insights into the inequities built into our institutions. In the end, despite the injustice she endured, she emerges convinced that ours can become a true second-chance culture.
This text re-examines issues concerning the relationship between disability and normality in the light of postmodern theory and political activism. It argues that disability can become the new prism through which postmodernity examines and defines itself.
Authors: Julie Castro Abrams, Carole Amos, Eldette Davie, Hannah Kain, Mai-Huong Le, Sue Lebeck, Terrie Mui, Pat Obuchowski, Yuko Shibata, Nathalie Udo, Betty Jo Waxman Although some people make it look easy, the reality is that the path to success is often convoluted and messy. It's tempting to believe that the professionals surrounding us somehow have their act completely together while we lurch fitfully onward, but the real story is often much more complicated and chaotic. This refreshingly honest book provides welcome reassurance for every businesswoman who's ever wondered, ""Is it me, or has the whole rest of the company gone nuts?!"" Each chapter is a fascinating description of one woman's unlikely journey, and every story is teeming with personal insights and practical tips to encourage you along the way toward your own goals and dreams. The human side of each achiever comes alive as she shares her challenges, choices and achievements in a ""just between us"" tone that educates as it entertains. If you've ever had ""one of those days"" where your co-workers seemed to grow horns or you were tempted to sink into the icy couch of despair--you are not alone! Once in a while we need to take a well-deserved break. Reading even just one chapter from 'Scrappy Business Women' will refresh your spirit and invigorate you for the next sprint. If you're a seasoned professional, you'll see your own journey reflected in those of these women. And if you're just starting out on your professional journey, the wisdom in this guide will save you a whole lot of time and aggravation! Share your own story at the ScrappyWomen.Biz website, which grew out of this 'gal pal' project. Your story, and those of enterprising, determined women like you, will help this collection grow from a trickle of wisdom into a fountain of inspiration from which millions of women will drink, and ultimately a platform from which they gain the courage to leap boldly into their own futures. Please visit and add your story to ours so that, drop by drop, we grow this tiny stream into an ocean of wisdom. Stay Scrappy!
Criminal Law: A Comparative Approach presents a systematic and comprehensive analysis of the substantive criminal law of two major jurisdictions: the United States and Germany. Presupposing no familiarity with either U.S. or German criminal law, the book will provide criminal law scholars and students with a rich comparative understanding of criminal law's foundations and central doctrines. All foreign-language sources have been translated into English; cases and materials are accompanied by heavily cross-referenced introductions and notes that place them within the framework of each country's criminal law system and highlight issues ripe for comparative analysis. Divided into three parts, the book covers foundational issues - such as constitutional limits on the criminal law - before tackling the major features of the general part of the criminal law and a selection of offences in the special part. Throughout, readers are exposed to alternative approaches to familiar problems in criminal law, and as a result will have a chance to see a given country's criminal law doctrine, on specific issues and in general, from the critical distance of comparative analysis.