BiblioVault - Books about Decision making

The Law and Policy of Ecosystem Services

J. B. Ruhl, Steven E. Kraft, and Christopher L. Lant

Island Press, 2007

The Law and Policy of Ecosystem Services is the first comprehensive exploration of the status and future of natural capital and ecosystem services in American law and policy. The book develops a framework for thinking about ecosystem services across their ecologic, geographic, economic, social, and legal dimensions and evaluates the prospects of crafting a legal infrastructure that can help build an ecosystem service economy that is as robust as existing economies for manufactured goods, natural resource commodities, and human-provided services. The book examines the geographic, ecological, and economic context of ecosystem services and provides a baseline of the current status of ecosystem services in law and society. It identifies shortcomings of current law and policy and the critical areas for improvement and forges an approach for the design of new law and policy for ecosystem services.

Included are a series of nine empirical case studies that explore the problems caused by society’s failure to properly value natural capital. Among the case study topics considered are water issues, The Conservation Reserve Program, the National Conservation Buffer Initiative, the agricultural policy of the European Union, wetland mitigation, and pollution trading.

The Law and Policy of Ecosystem Services is a groundbreaking look at the question of whether and how law and policy can shape a sustainable system of ecosystem service management. It is an accessible and informative work for faculty, students, and policy makers concerned with ecology, economics, geography, political science, environmental studies, law, and related fields.

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The Law of Life and Death

Elizabeth Price Foley

Harvard University Press, 2011

Are you alive? What makes you so sure? Most people believe this question has a clear answer—that some law defines our status as living (or not) for all purposes. But they are dead wrong. In this pioneering study, Elizabeth Price Foley examines the many, and surprisingly ambiguous, legal definitions of what counts as human life and death.

Foley reveals that “not being dead” is not necessarily the same as being alive, in the eyes of the law. People, pre-viable fetuses, and post-viable fetuses have different sets of legal rights, which explains the law's seemingly inconsistent approach to stem cell research, in vitro fertilization, frozen embryos, in utero embryos, contraception, abortion, homicide, and wrongful death.

In a detailed analysis that is sure to be controversial, Foley shows how the need for more organ transplants and the need to conserve health care resources are exerting steady pressure to expand the legal definition of death. As a result, death is being declared faster than ever before. The "right to die," Foley worries, may be morphing slowly into an obligation to die.

Foley’s balanced, accessible chapters explore the most contentious legal issues of our time—including cryogenics, feticide, abortion, physician-assisted suicide, brain death, vegetative and minimally conscious states, informed consent, and advance directives—across constitutional, contract, tort, property, and criminal law. Ultimately, she suggests, the inconsistencies and ambiguities in U.S. laws governing life and death may be culturally, and perhaps even psychologically, necessary for an enormous and diverse country like ours.

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Lawyers in Practice

Ethical Decision Making in Context

Edited by Leslie C. Levin and Lynn Mather

University of Chicago Press, 2012

How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice.

The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.

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Legislative Style

William Bernhard and Tracy Sulkin

University of Chicago Press, 2018

Once elected, members of Congress face difficult decisions about how to allocate their time and effort. On which issues should they focus? What is the right balance between working in one’s district and on Capitol Hill? How much should they engage with the media to cultivate a national reputation? William Bernhard and Tracy Sulkin argue that these decisions and others define a “legislative style” that aligns with a legislator’s ambitions, experiences, and personal inclinations, as well as any significant electoral and institutional constraints.

Bernhard and Sulkin have developed a systematic approach for looking at legislative style through a variety of criteria, including the number of the bills passed, number of speeches given, amount of money raised, and the percentage of time a legislator voted in line with his or her party. Applying this to ten congresses, representing twenty years of congressional data, from 1989 to 2009, they reveal that legislators’ activity falls within five predictable styles. These styles remain relatively consistent throughout legislators’ time in office, though a legislator’s style can change as career goals evolve, as well as with changes to individual or larger political interests, as in redistricting or a majority shift. Offering insight into a number of enduring questions in legislative politics, Legislative Style is a rich and nuanced account of legislators’ activity on Capitol Hill.

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Library Improvement through Data Analytics

Lesley S. J. Farmer

American Library Association, 2016

Limited Government and the Bill of Rights

Patrick M. Garry

University of Missouri Press, 2012

Eric Hoffer Award Grand Prize Short List, 2015

What was the intended purpose and function of the Bill of Rights? Is the modern understanding of the Bill of Rights the same as that which prevailed when the document was ratified? In Limited Government and the Bill of Rights, Patrick Garry addresses these questions. Under the popular modern view, the Bill of Rights focuses primarily on protecting individual autonomy interests, making it all about the individual. But in Garry’s novel approach, one that tries to address the criticisms of judicial activism that have resulted from the Supreme Court’s contemporary individual rights jurisprudence, the Bill of Rights is all about government—about limiting the power of government. In this respect, the Bill of Rights is consistent with the overall scheme of the original Constitution, insofar as it sought to define and limit the power of the newly created federal government.

Garry recognizes the desire of the constitutional framers to protect individual liberties and natural rights, indeed, a recognition of such rights had formed the basis of the American campaign for independence from Britain. However, because the constitutional framers did not have a clear idea of how to define natural rights, much less incorporate them into a written constitution for enforcement, they framed the Bill of Rights as limited government provisions rather than as individual autonomy provisions. To the framers, limited government was the constitutional path to the maintenance of liberty. Moreover, crafting the Bill of Rights as limited government provisions would not give the judiciary the kind of wide-ranging power needed to define and enforce individual autonomy.

With respect to the application of this limited government model, Garry focuses specifically on the First Amendment and examines how the courts in many respects have already used a limited government model in their First Amendment decision-making. As he discusses, this approach to the First Amendment may allow for a more objective and restrained judicial role than is often applied under contemporary First Amendment jurisprudence.

Limited Government and the Bill of Rights will appeal to anyone interested in the historical background of the Bill of Rights and how its provisions should be applied to contemporary cases, particularly First Amendment cases. It presents an innovativetheory about the constitutional connection between the principle of limited government and the provisions in the Bill of Rights.

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The Limits of Rationality

Edited by Karen Schweers Cook and Margaret Levi

University of Chicago Press, 1990

Prevailing economic theory presumes that agents act rationally when they make decisions, striving to maximize the efficient use of their resources. Psychology has repeatedly challenged the rational choice paradigm with persuasive evidence that people do not always make the optimal choice. Yet the paradigm has proven so successful a predictor that its use continues to flourish, fueled by debate across the social sciences over why it works so well.

Intended to introduce novices to rational choice theory, this accessible, interdisciplinary book collects writings by leading researchers. The Limits of Rationality illuminates the rational choice paradigm of social and political behavior itself, identifies its limitations, clarifies the nature of current controversies, and offers suggestions for improving current models.

In the first section of the book, contributors consider the theoretical foundations of rational choice. Models of rational choice play an important role in providing a standard of human action and the bases for constitutional design, but do they also succeed as explanatory models of behavior? Do empirical failures of these explanatory models constitute a telling condemnation of rational choice theory or do they open new avenues of investigation and theorizing?

Emphasizing analyses of norms and institutions, the second and third sections of the book investigate areas in which rational choice theory might be extended in order to provide better models. The contributors evaluate the adequacy of analyses based on neoclassical economics, the potential contributions of game theory and cognitive science, and the consequences for the basic framework when unequal bargaining power and hierarchy are introduced.

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Logic and the Foundations of Game and Decision Theory (LOFT 7)

Edited by Giacomo Bonanno, Wiebe van der Hoek, and Michael Wooldridge

Amsterdam University Press, 2008

This volume is a collects papers originally presented at the 7th Conference on Logic and the Foundations of Game and Decision Theory (LOFT), held at the University of Liverpool in July 2006. LOFT is a key venue for presenting research at the intersection of logic, economics, and computer science, and this collection gives a lively and wide-ranging view of an exciting and rapidly growing area.

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