A SCHOLARLY BOOK REPOSITORY
What can we learn from watching animals play? Dogs chase each other and wrestle. Cats pounce and bite. These animals may look like they are fighting, but if you pay close attention— as world-renowned biologist Marc Bekoff does—you can see they are playing and learning the rules of their games. In Animals at Play, Bekoff shows us how animals behave when they play, with full-color illustrations showing animals in action and having fun—from squirrels climbing up a tree to polar bears somersaulting in the snow.
Bekoff emphasizes how animals communicate, cooperate and learn to play fair and what happens when they break the rules. He uses lively illustrations and simple explanations of what it means when a sea lion swims with kelp in its mouth or when two dogs bow to each other. Bekoff also describes what happens when animals become too aggressive and how they apologize, forgive and learn to trust one another. This entertaining and informative book will delight every child and show readers how animals—and humans—interact when they are having fun.
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.
So begins Galateo, a treatise on polite behavior written by Giovanni Della Casa (1503–56) for the benefit of his nephew, a young Florentine destined for greatness.
Honorable Mention, 2017 Scribes Book Award, The American Society of Legal Writers
At the dawn of the twentieth century, the United States was reeling from the effects of rapid urbanization and industrialization. Time-honored verities proved obsolete, and intellectuals in all fields sought ways to make sense of an increasingly unfamiliar reality. The legal system in particular began to buckle under the weight of its anachronism. In the midst of this crisis, John Henry Wigmore, dean of the Northwestern University School of Law, single-handedly modernized the jury trial with his 1904-5 Treatise onevidence, an encyclopedic work that dominated the conduct of trials. In so doing, he inspired generations of progressive jurists—among them Oliver Wendell Holmes, Jr., Benjamin Cardozo, and Felix Frankfurter—to reshape American law to meet the demands of a new era. Yet Wigmore’s role as a prophet of modernity has slipped into obscurity. This book provides a radical reappraisal of his place in the birth of modern legal thought.
Living by the Rules of the Sea is a primer for people living along the nation's coastlines, those considering moving to the coast, or those who want a greater understanding of the risks and dangers posed by living at the seacoast. Published as part of Duke University Press's Living with the Shore series, but without a direct focus on the coastline of one particular state, this book is intended as an overall guide to coastal physical processes, risk assessment of potential property damage from coastal natural hazards, and property damage mitigation.
Over the past twenty years, the authors have mapped and studied most of the barrier islands in the United States and have experienced coastal processes such as storms and shoreline retreat at close range. They represent a coastal geology/oceanographic perspective that is decidedly in favor of preserving the natural protective capabilities of the native coastal environment. While strongly anti-engineering in outlook, Living by the Rules of the Sea does provide a review of coastal engineering techniques. It also examines methods of repairing damage to the natural environment that lessen the prospect of further property damage. Finally, it employs a more inclusive "coastal zone" approach rather than simply concentrating on a more narrowly defined shoreline. Barrier islands are viewed as part of a larger system in which changes in one part of the system—for example, the mining of sand dunes or dredging offshore for beach replenishment sand—can have profound effects on another part of the system, predictable effects even though they may not be visible for years or decades.
A comprehensive handbook with references to recent storms including hurricanes Andrew, Gilbert, Hugo, Emily, and Opal, Living by the Rules of the Sea is designed to help people make better and more informed choices about where or if to live at the coast.
On Rules is the culmination of decades of thinking about and working within the law as both an ideal and a realm of practical action. Gherardo Colombo brings to his rich philosophical analysis of the culture of justice thirty years of experience in the Italian judiciary, which saw him head up numerous important and sensitive commissions and inquiries. His exploration of the concept and application of rules of justice is powerful and clear: if we don’t root our experience in a fundamental respect for rules, we cannot have a functioning, just society.
Ryan evaluates the nature and effectiveness of U.S. trade diplomacy with Japan, Korea, Taiwan, and China in the 1970s and 1980s by examining the diplomatic strategies used by the U.S. Trade Representative to enforce Section 301 of the 1974 Trade Act, which was designed to protect free trade and competition through investigations, negotiations, and sanctions.
Ryan shows the different trade diplomacy tactics the East Asian governments pursued during dispute settlement negotiations with the USTR. The study also evaluates the fit between the East Asian political economies and the rules and principles of the General Agreement on Trade and Tariffs (GATT) regime. It explores the capabilities of the multilateral and minilateral regional institutions of trade dispute in the Pacific to settle emerging trade disputes. In the debate over rule-based or power-based diplomacy, Ryan concludes that U.S. trade diplomacy was most successful when it was rule-based, and that it gained significant compliance with GATT and other fair trade agreements.
Ryan interviewed many of the key trade negotiators in Tokyo, Seoul, Taipei, Beijing, and Washington. His analysis is based on the largest, most systematic, market sector-specific data set yet presented on U.S. export trade dispute settlement in the Pacific. It studies the structure of state power, the structures of international business competition in manufacturing, agriculture, and services, the international and regional institutions of trade diplomacy, and the national governmental institutions of trade diplomacy in the Pacific.
Anyone interested in international trade or diplomacy will find this book a source of new insight into the dynamics of trans-Pacific trade.
Despite America's pluralistic, fragmented, and generally adversarial political culture, participants in pollution control politics have begun to collaborate to reduce the high costs of developing, implementing, and enforcing regulations. Edward P. Weber uses examples from this traditionally combative policy arena to propose a new model for regulation, "pluralism by the rules," a structured collaborative format that can achieve more effective results at lower costs than typically come from antagonistic approaches.
Weber cites the complexity and high implementation costs of environmental policy as strong but insufficient incentives for collaboration. He shows that cooperation becomes possible when opposing sides agree to follow specific rules that include formal binding agreements about enforcement, commitment to the process by political and bureaucratic leaders, and the ensured access and accountability of all parties involved. Such rules establish trust, create assurances that agreements will be enforced, and reduce the perceived risks of collaboration. Through case studies dealing with acid rain, reformulated gasoline, and oil refinery pollution control, Weber demonstrates the potential of collaboration for realizing a cleaner environment, lower compliance costs, and more effective enforcement.
Challenging the prevailing view that endless conflict in policymaking is inevitable, Pluralism by the Rules establishes a theoretical framework for restructuring the regulatory process.
Once the importance of this moral and practical conflict is acknowledged, the authors argue, authoritative rules become the central problems of jurisprudence. The inevitable gap between rules and background morality cannot be bridged, they claim, although many contemporary jurisprudential schools of thought are misguided attempts to do so. Alexander and Sherwin work through this dilemma, which lies at the heart of such ongoing jurisprudential controversies as how judges should reason in deciding cases, what effect should be given to legal precedent, and what status, if any, should be accorded to “legal principles.” In the end, their rigorous discussion sheds light on such topics as the nature of interpretation, the ancient dispute among legal theorists over natural law versus positivism, the obligation to obey law, constitutionalism, and the relation between law and coercion.
Those interested in jurisprudence, legal theory, and political philosophy will benefit from the edifying discussion in The Rule of Rules.
One of the most influential texts in the Middle Ages, The Rule of Saint Benedict offers guidance about both the spiritual and organizational dimensions, from the loftiest to the lowliest, of monastic life. This new Latin-English edition has features of interest for first-time readers of the Rule as well as for scholars of medieval history and language.
The Latin text is a transcription of manuscript 914 of the Abbey of St. Gall (Switzerland), an early ninth-century copy regarded as the version that most closely reproduces Benedict's style. The saint’s idiom was informal, sometimes conversational, and heavily influenced by the spoken Latin of the sixth century CE. In the Rule his voice and thought processes come through in all their strength and humanity. Readers will find background to the monastic life in the notes. This volume also includes texts and translations of two letters that explain the origins of the St. Gall version as well as an index to all the translated materials.
"A work of impressive scholarship in which theoretical sophistication and ethnographic richness are convincingly matched."—Ian Hamnett, Times Higher Education Supplement.
One reason budget rules are ineffective, David Primo shows, is that politicians often create and preserve loopholes to protect programs that benefit their constituents. Another reason is that legislators must enforce their own provisions, an arrangement that is seriously compromised by their unwillingness to abide by rules that demand short-term sacrifices for the sake of long-term gain. Convinced that budget rules enacted through such a flawed legislative process are unlikely to work, Primo ultimately calls for a careful debate over the advantages and drawbacks of a constitutional convention initiated by the states—a radical step that would bypass Congress to create a path toward change. Rules and Restraint will be required reading for anyone interested in institutional design, legislatures, and policymaking.
In 1863 a group of Victorian Oxbridge graduates, frustrated by the confusing riot of competing rules that characterized the game of British football, began meeting at the Freemason’s Tavern in Lincoln’s Inn Fields, London, to codify the rules of the game. They quickly drew up the standard set of rules, creating the First Rule Book of the Football Association, reprinted here in its entirety alongside illustrations and drawings of the game.
This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena.
In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes.
The hopes of renowned writer and golfer Henry Longhurst—and millions of golfers before and after him—have finally been realized. In The Rules of Golf in Plain English, Bryan A. Garner, American English language and usage expert, and Jeffrey S. Kuhn, volunteer USGA rules official, have translated the knotty Rules with the encouragement and permission of the United States Golf Association. The result is a modern, readable version that offers, for the first time, clear guidance to both amateurs and professionals.
Based on a 338-word set of thirteen rules written in 1744, the official Rules have grown, over two and a half centuries, to 40,000 words. Numerous contributors and a complex revision process have rendered these Rules so opaque and stylistically inconsistent that a companion volume—the 600-page Decisions on the Rules of Golf—has been published to help golfers navigate them.
Both lawyers and avid golfers, Kuhn and Garner recognized the difficulties that the language of the Rules of Golf created, especially in a sport that expects players to call penalties on themselves. By reworking the Rules line by line, word by word, they have produced an accessible resource that no golfer—from the duffer to the pro—should be without.
Two hundred years of revisions have rendered these Rules opaque and stylistically inconsistent. Those intricacies can be intimidating for anyone hoping to pick up the game and frustrating for longtime players who just want to settle a dispute. Both lawyers and avid golfers, Jeffrey S. Kuhn and Bryan A. Garner recognized the difficulties that the language of the Rules of Golf has created, especially in a sport that expects players to call penalties on themselves. By reworking the Rules line by line, word by word, they have produced an accessible resource that no golfer—from the duffer to the pro—should be without.
This new edition of The Rules of Golf in Plain English is fully aligned with the latest United States Golf Association updates and continues to be published with their permission and encouragement. Clear and concise, this reference will allow players to spend more time playing through and less time scratching their heads.
The hopes of renowned writer and golfer Henry Longhurst—and millions of golfers before and after him—have finally been realized. In The Rules of Golf in Plain English, Bryan A. Garner, American English language and usage expert, and Jeffrey S. Kuhn, volunteer USGA rules official, have translated the knotty Rules with the encouragement and permission of the United States Golf Association. The result is a modern, readable version that offers, for the first time, clear guidance to both amateurs and professionals.
Based on a 338-word set of thirteen rules written in 1744, the official Rules have grown, over two and a half centuries, to 40,000 words. Numerous contributors and a complex revision process have rendered these Rules so opaque and stylistically inconsistent that a companion volume—the 600-page Decisions on the Rules of Golf—has been published to help golfers navigate them.
Both lawyers and avid golfers, Kuhn and Garner recognized the difficulties that the language of the Rules of Golf created, especially in a sport that expects players to call penalties on themselves. By reworking the Rules line by line, word by word, they have produced an accessible resource that no golfer—from the duffer to the pro—should be without.
The hopes of renowned writer and golfer Henry Longhurst—and millions of golfers before and after him—have finally been realized. In The Rules of Golf in Plain English, Bryan A. Garner, American English language and usage expert, and Jeffrey S. Kuhn, volunteer USGA rules official, have translated the knotty Rules with the encouragement and permission of the United States Golf Association. The result is a modern, readable version that offers, for the first time, clear guidance to both amateurs and professionals.
Based on a 338-word set of thirteen rules written in 1744, the official Rules have grown, over two and a half centuries, to 40,000 words. Numerous contributors and a complex revision process have rendered these Rules so opaque and stylistically inconsistent that a companion volume—the 600-page Decisions on the Rules of Golf—has been published to help golfers navigate them.
Both lawyers and avid golfers, Kuhn and Garner recognized the difficulties that the language of the Rules of Golf created, especially in a sport that expects players to call penalties on themselves. By reworking the Rules line by line, word by word, they have produced an accessible resource that no golfer—from the duffer to the pro—should be without.
In The Rules of the Global Game, Dam first lays out what US international economic policies are and compares them to what they should be based on how they affect US per capita income. With this foundation in place, Dam then develops and applies principles for elucidating the major components of economic policy, such as foreign trade and investment, international monetary and financial systems, and current controversial issues, including intellectual property and immigration. Underlying his explanations is a belief in the importance of worldwide free trade and open markets as well as a crucial understanding of the political forces that shape decision making. Because economic policy is not created in a political vacuum, Dam argues, sound policymaking requires an understanding of "statecraft"-the creation and use of institutions that channel the efforts of interest groups and political forces in directions that encourage good economic outcomes.
Dam's vast experience with the politics and practicalities of economic policy translates into a view of policy that is neither academic nor abstract. Rather, Dam shows us how policy is actually made, who makes it, and why, using examples such as GATT, NAFTA, the US-Japan semiconductor agreement, and the Asian financial crisis. A rare book that can be read with pleasure and profit by layperson and economist alike, The Rules of the Global Game allows readers to understand the policies that shape our economy and our lives.
Julia Tanney offers a sustained criticism of today’s canon in philosophy of mind, which conceives the workings of the rational mind as the outcome of causal interactions between mental states that have their bases in the brain. With its roots in physicalism and functionalism, this widely accepted view provides the philosophical foundation for the cardinal tenet of the cognitive sciences: that cognition is a form of information-processing. Rules, Reason, and Self-Knowledge presents a challenge not only to the cognitivist approach that has dominated philosophy and the special sciences for the last fifty years but, more broadly, to metaphysical-empirical approaches to the study of the mind.
Responding to a tradition that owes much to the writings of Davidson, early Putnam, and Fodor, Tanney challenges this orthodoxy on its own terms. In untangling its internal inadequacies, starting with the paradoxes of irrationality, she arrives at a view these philosophers were keen to rebut—one with affinities to the work of Ryle and Wittgenstein and all but invisible to those working on the cutting edge of analytic philosophy and mind research today. This is the view that rational explanations are embedded in “thick” descriptions that are themselves sophistications upon ever ascending levels of discourse, or socio-linguistic practices.
Tanney argues that conceptual cartography rather than metaphysical-scientific explanation is the basic tool for understanding the nature of the mind. Rules, Reason, and Self-Knowledge clears the path for a return to the world-involving, circumstance-dependent, normative practices where the rational mind has its home.
A leader of a global superpower is betrayed by his mistress, who makes public the sordid details of their secret affair. His wife stands by as he denies the charges. Debates over definitions of moral leadership ensue. Sound familiar? If you guessed Clinton and Lewinsky, try again. This incident involved former Japanese prime minister Sosuke Uno and a geisha.
In Secrets, Sex, and Spectacle, Mark D. West organizes the seemingly random worlds of Japanese and American scandal—from corporate fraud to baseball cheaters, political corruption to celebrity sexcapades—to explore well-ingrained similarities and contrasts in law and society. In Japan and the United States, legal and organizational rules tell us what kind of behavior is considered scandalous. When Japanese and American scandal stories differ, those rules—rules that define what’s public and what’s private, rules that protect injuries to dignity and honor, and rules about sex, to name a few—often help explain the differences. In the cases of Clinton and Uno, the rules help explain why the media didn’t cover Uno’s affair, why Uno’s wife apologized on her husband’s behalf, and why Uno—and not Clinton—resigned.
Secrets, Sex, and Spectacle offers a novel approach to viewing the phenomenon of scandal—one that will be applauded by anyone who has obsessed over (or ridiculed) these public episodes.
Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules.
This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.
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