Since September 11, 2001, much has been said about the difficult balancing act between freedom and security, but few have made specific proposals for how to strike that balance. As the scandals over the abuse of Iraqi prisoners at Abu Ghraib and the "torture memos" written by legal officials in the Bush administration show, without clear rules in place, things can very easily go very wrong.
In this book, Norman Cantor analyzes the legal and moral status of people with profound mental disabilities—those with extreme cognitive impairments that prevent their exercise of medical self-determination. He proposes a legal and moral framework for surrogate medical decision making on their behalf. The issues Cantor explores will be of interest to professionals in law, medicine, psychology, philosophy, and ethics, as well as to parents, guardians, and health care providers who face perplexing issues in the context of surrogate medical decision making.
Telecommunications policy profoundly affects the economy and our everyday lives. Yet accounts of important telecommunications issues tend to be either superficial (and inaccurate) or mired in jargon and technical esoterica. In Digital Crossroads, Jonathan Nuechterlein and Philip Weiser offer a clear, balanced, and accessible analysis of competition policy issues in the telecommunications industry.
Is DNA technology the ultimate diviner of guilt or the ultimate threat to civil liberties? Over the past decade, DNA has been used to exonerate hundreds and to convict thousands. Its expanded use over the coming decade promises to recalibrate significantly the balance between collective security and individual freedom. For example, it is possible that law enforcement DNA databases will expand to include millions of individuals not convicted of any crime.
A Primer on American Labor Law is an accessible guide written for nonspecialists—labor and management representatives, students, general practice lawyers, and trade unionists, government officials, and academics from other countries. It covers such topics as the National Labor Relations Act, unfair labor practices, the collective bargaining relationship, dispute resolution, the public sector, and public-interest labor law.
In this book David Driesen shows in detail how the concept of economic dynamics can reshape thinking about environmental law and policy. He argues that environmental policymaking in the United States has been poorly served by the dominant, static view of the relationship between environmental regulation and the economy, technology, and business. Basing public policy on the concept of economic efficiency, he claims, warps our sense of what is necessary and achievable in environmental lawmaking.
Media have been central to government efforts to reinforce sovereignty and define national identity, but globalization is fundamentally altering media practices, institutions, and content. More than the activities of large conglomerates, globalization entails competition among states as well as private entities to dominate the world's consciousness. Changes in formal and informal rules, in addition to technological innovation, affect the growth and survival or decline of governments.
This first book in English by Serge-Christophe Kolm provides an overview of his far-reaching vision of distributive justice. Kolm derives justice from considerations of rationality. Justice cannot be defined by one all-encompassing principle or set of a few principles. It has the general form of an equality of individuals' liberties in a broad sense, with different applications and specific adjustments when several liberties conflict or when everybody prefers another outcome.
Until the 1980s, it was presumed that technical change in most communications services could easily be monitored from centralized state and federal agencies. This presumption was long outdated prior to the commercialization of the Internet. With the Internet, the long-forecast convergence of voice, video, and text bits became a reality. Legislation, capped by the Telecommunications Act of 1996, created new quasi-standards such as "fair" and "reasonable" for the FCC and courts to apply, leading to nonstop litigation and occasional gridlock.