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Better Left Unsaid: Victorian Novels, Hays Code Films, and the Benefits of Censorship
by Nora GilbertBetter Left Unsaidis in the unseemly position of defending censorship from the central allegations that are traditionally leveled against it. Taking two genres generally presumed to have been stymied by the censor's knife--the Victorian novel and classical Hollywood film--this book reveals the varied ways in which censorship, for all its blustery self-righteousness, can actually be good for sex, politics, feminism, and art. As much as Victorianism is equated with such cultural impulses as repression and prudery, few scholars have explored the Victorian novel as a "censored" commodity--thanks, in large part, to the indirectness and intangibility of England's literary censorship process. This indirection stands in sharp contrast to the explicit, detailed formality of Hollywood's infamous Production Code of 1930. In comparing these two versions of censorship, Nora Gilbert explores the paradoxical effects of prohibitive practices. Rather than being ruined by censorship, Victorian novels and Hays Code films were stirred and stimulated by the very forces meant to restrain them.
GC-MS Guide to Ignitable Liquids
by Michael W. Gilbert Reta Newman Kevin LothridgeThe rapidly increasing number of different ignitable liquid formulations available today poses a new challenge to fire debris analysts and other forensic chemistry specialists - that of accurately identifying and classifying ignitable liquids with unfamiliar chromatographic patterns. GC-MS Guide to Ignitable Liquids addresses that challenge with a selection of more than 100 different ignitable liquid formulations designed to supplement the laboratory's standard collection. Both total ion chromatograms and extracted ion chromatograms (mass chromatograms) are included. Written by authors who are also experienced forensic chemists, this complete reference is the only single source of information on ignitable liquids - a must for students of fire science, forensic chemists, and anyone conducting fire debris analysis.
On Social Facts (International Library Of Philosophy)
by Margaret GilbertAre social groups real in any sense that is independent of the thoughts, actions, and beliefs of the individuals making up the group? Using methods of philosophy to examine such longstanding sociological questions, Margaret Gilbert gives a general characterization of the core phenomena at issue in the domain of human social life. After developing detailed analyses of a number of central everyday concepts of social phenomena--including shared action, a social convention, a group's belief, and a group itself--she proposes that the core social phenomena among human beings are "plural subject" phenomena. In her analyses Gilbert discusses the work of such thinkers as Emile Durkheim, Georg Simmel, Max Weber, and David Lewis. "Gilbert's book aims to ... exhibit some general and structural features of the conceptual scheme in terms of which we think about social groups, collective action, social convention, and shared belief.... [It] offers an important corrective to individualistic thinking in the social sciences...."--Michael Root, Philosophical Review "In this rich and rewarding work, Margaret Gilbert provides a novel and detailed account of our everyday concepts of social collectivity. In so doing she makes a seminal contribution to ... some vexed issues in the philosophy of social science.... [An] intellectually pioneering work."--John D. Greenwood, Social Epistemology
A Theory of Political Obligation: Membership, Commitment, and the Bonds of Society
by Margaret GilbertMargaret Gilbert offers an incisive new approach to a classic problem of political philosophy: when and why should I do what the laws of my country tell me to do? Beginning with carefully argued accounts of social groups in general and political societies in particular, the author argues that in central, standard senses of the relevant terms membership in a political society in and of itself obligates one to support that society's political institutions. The obligations in question are not moral requirements derived from general moral principles, as is often supposed, but a matter of one's participation in a special kind of commitment: joint commitment. An agreement is sufficient but not necessary to generate such a commitment. Gilbert uses the phrase 'plural subject' to refer to all of those who are jointly committed in some way. She therefore labels the theory offered in this book the plural subject theory of political obligation. The author concentrates on the exposition of this theory, carefully explaining how and in what sense joint commitments obligate. She also explores a classic theory of political obligation --- actual contract theory --- according to which one is obligated to conform to the laws of one's country because one agreed to do so. She offers a new interpretation of this theory in light of a theory of plural subject theory of agreements. She argues that actual contract theory has more merit than has been thought, though the more general plural subject theory is to be preferred. She compares and contrasts plural subject theory with identification theory, relationship theory, and the theory of fair play. She brings it to bear on some classic situations of crisis, and, in the concluding chapter, suggests a number of avenues for related empirical and moral inquiry. Clearly and compellingly written, A Theory of Political Obligation will be essential reading for political philosophers and theorists.
The Role of Corporate Sustainability in Asian Development: A Case Study Handbook in the Automotive and ICT Industries (Advances in Business Ethics Research #7)
by Gilbert Lenssen, Jay Hyuk Rhee and Fabien MartinezThis book examines the challenges faced by seven multinational companies - Intel, Lenovo, Samsung Electronics, ZTE, BMW Hyundai Motor Company, Mahindra and Mahindra - in their endeavour to contribute to the economic, environmental and social development of Asia. The lessons learned from the examination of these business practices may directly contribute to an increase in the practice of sustainable management and may as such contribute to positive economic, environmental and social impact of companies in this region. The cases are highly relevant for management theoreticians seeking to deepen our understanding of corporate sustainability in an area where scholars, practitioners and policy-makers can expect new questions, problems and challenges in the years ahead. The book is also of high interest to policy review agencies, policy makers and welfare economists seeking to support the development of a comprehensive sustainability framework for managing social and environmental issues in the context of Asia.
Ethics for Managers: Philosophical Foundations and Business Realities
by Joseph GilbertEthics for Managers introduces students to the philosophical underpinnings of business ethics and translates this theory into practical terms, demonstrating the moral implications of the decisions managers make. This edition features new material on global ethics, the financial downturn, and ethical sustainability. New, student-friendly features include: Learning objectives at the beginning of each chapter, which provide a roadmap to what is covered and how to use it. Cases that demonstrate real-world scenarios, allowing readers to grapple with real moral ambiguity. Discussion questions at the end of each chapter, which challenge students to see different moral perspectives and to practice good decision-making. A new chapter on international business ethics. Students of business ethics courses will find this compact, well-organized text a useful tool to understand ethics in the digital age.
Nomadic Peoples and Human Rights (Routledge Research in Human Rights Law)
by Jérémie GilbertAlthough nomadic peoples are scattered worldwide and have highly heterogeneous lifestyles, they face similar threats to their mobile livelihood and survival. Commonly, nomadic peoples are facing pressure from the predominant sedentary world over mobility, land rights, water resources, access to natural resources, and migration routes. Adding to these traditional problems, rapid growth in the extractive industry and the need for the exploitation of the natural resources are putting new strains on nomadic lifestyles. <P><P> This book provides an innovative rights-based approach to the issue of nomadism looking at issues including discrimination, persecution, freedom of movement, land rights, cultural and political rights, and effective management of natural resources. Jeremie Gilbert analyses the extent to which human rights law is able to provide protection for nomadic peoples to perpetuate their own way of life and culture. The book questions whether the current human rights regime is able to protect nomadic peoples, and highlights the lacuna that currently exists in international human rights law in relation to nomadic peoples. It goes on to propose avenues for the development of specific rights for nomadic peoples, offering a new reading on freedom of movement, land rights and development in the context of nomadism.
The Delivery of Human Rights: Essays in Honour of Professor Sir Nigel Rodley
by Geoff GilbertThe Delivery of Human Rights reflects on two overlapping issues in international human rights law: how can existing norms be better implemented and effected, and how can other branches of international law or other international actors be used so as to provide an improved delivery of those norms. Rather than simply looking at the content of the rights, this book will also explore how the framers’ intention that individuals benefit from the norms can be achieved. The book is written and published in honour of Professor Sir Nigel Rodley KBE. It celebrates his career as an academic and practitioner in the area of human rights. Professor Rodley acted as the UN Special Rapporteur on Torture from 1993 to 2001 and is currently a member of the UN Human Rights Committee. He is also a member of the International Commission of Jurists. Since 2001 he has been a Member of the UN Human Rights Committee, established under the International Covenant on Civil and Political Rights. In 1998 he was knighted in the Queen's New Year's Honours list for services to Human Rights and International Law and in 2000 he received an honorary LLD from Dalhousie University. He is Professor and Chair of the Human Rights Centre, University of Essex, having taught there since 1990. The contributors to this volume are notable experts in the area of human rights law and include Paul Hunt, Malcolm Evans, Michael O’Flaherty and David Weissbrodt. The book addresses such topics as the Role of Special Rapporteurs, how can the absolute prohibition of torture be properly implemented, Responsibility to Protect, non-state actors, including businesses, and human rights.
Strategic Visions for Human Rights: Essays in Honour of Professor Kevin Boyle
by Geoff GilbertStrategic Visions for Human Rights takes a multi-disciplinary approach to future directions for human rights. It looks beyond what international human rights treaties have so far established and considers the context in which rights in the twenty-first century might develop to meet needs. The book examines how international law might be utilized to protect groups rather than just individual members of the group and it also calls into question the liberal positivist approach to international law that provides the framework for human rights norms. The book is written and published in honour of Professor Kevin Boyle. It celebrates his long career in human rights law both as an academic and a practising barrister. Professor Boyle has taken numerous cases on human rights issues to the European Court of Human Rights in Strasbourg and has long been involved in human rights aspects of the peace process in Northern Ireland. He has published widely on human rights issues, focusing on freedom of expression and religion and non-discrimination. The contributors to this volume are well-known academics in the field of human rights and include Francesca Klug, Conor Gearty, David Beetham and Asbjorn Eide. Amongst some of the issues addressed in the book are the future of the European Court of Human Rights, the role of academics play in engendering transition to post-conflict democratic states, and human rights and religious pluralism.
The Patient Revolution: How We Can Heal the Healthcare System
by David GilbertThe NHS is in crisis - it's in record demand, and care services are at breaking point - but what if the solution to rescuing the NHS is in the hands of the patients themselves?In this refreshingly positive and remarkable book, David Gilbert shares the powerful real-life stories of 'patient leaders' - ordinary people affected by life-changing illnesses, disabilities, or conditions, who have all gone back into the fray to help change the healthcare system in necessary and inspiring ways. Charting their diverse journeys - from managing to live with their condition, and their motivation to change the status quo, right through to their successes in improving approaches to health and social care - these moving and courageous stories aim to motivate others to take back control and showcase the pivotal importance of patients as genuine decision-making leaders.Filled with hard-won wisdom and everyday heroism, The Patient Revolution challenges current discourse and sets out an empowering vision of how patient leaders can change the future of healthcare.
The Noble Edge: Reclaiming an Ethical World One Choice at a Time
by Christopher GilbertBeing trusted is the foundation of our greatest personal freedoms. In a time of deepening divisions and “alternative facts”, trust and authenticity grow more precious by the hour. More and more people find themselves driven to overcome the personal, professional and social pressures for ignoring what is right in favor of what passes for ‘success.’ They want: • Truth in their decisions • Authenticity in their relationships, and • Solid ground for making tough, ethical choices in business and life Winner of the Paris Book Festival Award, NABE Pinnacle Book Achievement Award, International Impact Book Award, Literary Titan Book Award, Firebird Book Awards in three categories, NYC Big Book Award, Canadian Book Club Award and Hollywood Book Festival Runner-up for Best Business. The Noble Edge: Reclaiming an Ethical World One Choice at a Time provides these answers as Dr. Christopher Gilbert invites readers into an inspirational conversation spiced with personal stories, humorous anecdotes and invaluable guidance about making consistently good choices. Based on three research-proven steps and nine principles for leading an ethically driven life, The Noble Edge brings a fresh approach to personal growth and inspires real change to empower a brighter future. As useful in the board room as the family room, this easy-to-follow book contains insightful stories and a powerful model that sharpens the ethical lens and empowers readers to examine their own standards and values by applying transformational concepts to their life. Most importantly, readers will finish The Noble Edge encouraged that they have the power and capacities— individually and collectively— to achieve moral progress and bring better ethics into their organizations, families, communities and the world.
The Status of the Family in Law and Bioethics: The Genetic Context
by Roy GilbarWhere do a doctor's responsibilities lie in communicating diagnostic and predictive genetic information to a patient's family members? On the one hand, a patient may wish to retain confidentiality while the relatives seek information; on the other, a patient may wish to share the information while the relatives would rather not know. This volume investigates the doctor's professional legal and ethical obligations in the context of these two familial tensions. The examination is conducted within the liberal-communitarian debate, whereby the two philosophies hold different perceptions of the individual and the relationship he or she has with others. Within this theoretical framework, the book examines the approach taken by English medical law and ethics to the communication of genetic information to family members. Legally, the focus is on tort law and the law of confidentiality. Ethically, it concentrates on the approach taken by the bioethical literature, and more specifically by codes of ethics and professional guidelines.
La hermandad de los astronautas: El Juicio a las Juntas por dentro
by Ricardo Gil LavedraUn grupo de magistrados jóvenes ante el mayor desafío de sus vidas y de la incipiente democracia: juzgar a los comandantes de la dictadura. A meses de recuperada la democracia, la sociedad asiste atónita al develamiento de un masivo y atroz plan criminal. A pesar de las amenazas de los cuarteles y las presiones de sectores del poder, seis jueces y dos fiscales ponen en marcha un juicio que sería un hito para la Historia del país y un ejemplo para el mundo. «Sabíamos que dependíamos de nosotros mismos, que nada ni nadie nos iba a ayudar. Éramos seis tipos muy distintos. Sin embargo, aun en esa diversidad teníamos las mismas convicciones sobre la justicia, sobre la necesidad de restaurar el estado de derecho, sobre la necesidad de asegurar la vigencia plena de la ley. Lo que siguió, el juicio, la sentencia, la amistad entrañable que se consolidó entre nosotros, fue la consecuencia de lo que pudimos hacer con lo que traíamos de nuestras propias historias, más la relación que construimos en aquellos días y para siempre. Detrás de los hechos históricos siempre hay explicaciones racionales: procesos, contextos, factores predecibles, las fuerzas de la Historia. Pero también está lo fortuito, lo humano. Las cosas que se producen misteriosamente en un momento dado, con las personas y sus circunstancias. Cuando, de algún modo, todos los planetas se alinean».Ricardo Gil Lavedra
The Memorialization of Genocide
by Simone GigliottiDivided societies, tormented pasts, and unrepentant perpetrators. Why are some countries more intent on vanquishing uncomfortable pasts than others? How do public and often unsightly attempts at memorialisation both fail the victims and valorize their oppressors? This book offers fresh and original perspectives on dictatorship, fascism and victimization from the bloodiest decades in Europe’s, Australia’s and Central America’s colonial and modern history. Chapters include analyses of Francoist memorials in Spain, assessments of the El Mozote massacre in El Salvador, the forgetting of frontier colonial violence in Tasmania, Romania’s treatment of its Roma populations in the midst of Holocaust memorialisation in Bucharest’s urban development, and whether or not the Holocaust continues to serve as an instructional model or impossible aspiration for cross-cultural genocide memorialisation strategies. In an era of ongoing political, ethnic and religious conflict, and unrepentant insurgent activity around the world, this collection reminds readers that genocidal actions, wherever and whenever they occurred, must be held to account by more than rhetoric and concrete memory. This book was originally published as a special issue of the Journal of Genocide Research.
Leonardo’s Choice
by Carol GigliottiLeonardo's Choice: Genetic Technologies and Animals is an edited collection of twelve essays and one dialogue focusing on the profound affect the use of animals in biotechnology is having on both humans and other species. Communicating crucial understandings of the integrated nature of the human and non-human world, these essays, unlike the majority of discussions of biotechnology, take seriously the impact of these technologies on animals themselves. This collection's central questions revolve around the disassociation Western ideas of creative freedom have from the impacts those ideas and practices have on the non-human world. This transdisciplinary collection includes perspectives from the disciplines of philosophy, cultural theory, art and literary theory, history and theory of science, environmental studies, law, landscape architecture, history, and geography. Included authors span three continents and four countries. Included essays contribute significantly to a growing scholarship surrounding "the question of the animal" emanating from philosophical, cultural and activist discourses. Its authors are at the forefront of the growing number of theorists and practitioners across the disciplines concerned with the impact of new technologies on the more-than-human world.
By Way of Sorrow (An Erin McCabe Legal Thriller #1)
by Robyn Gigl&“Emotionally resonant…Gigl is too astute and compassionate a writer to create cartoon villainy out of anti-trans attitudes…quietly groundbreaking.&” —The New York Times Book ReviewIn a fresh and riveting thriller debut, Robyn Gigl introduces Erin McCabe, a New Jersey criminal defense attorney doing her best to live a quiet life in the wake of profound personal change—until a newsworthy case puts both her career and safety in jeopardy . . . Erin McCabe has been referred the biggest case of her career. Four months ago, William E. Townsend, Jr., son of a New Jersey State Senator, was found fatally stabbed in a rundown motel near Atlantic City. Sharise Barnes, a nineteen-year-old transgender prostitute, is in custody, and given the evidence against her, there seems little doubt of a guilty verdict. Erin knows that defending Sharise will blow her own private life wide open, and doubtless deepen her estrangement from her family. Yet as a trans woman, she feels uniquely qualified to help Sharise, and duty-bound to protect her from the possibility of a death sentence. Sharise claims she killed the senator&’s son in self-defense. As Erin assembles the case with her partner, former FBI agent Duane Swisher, the circumstances hint at a more complex and chilling story with ties to other brutal murders. Senator Townsend is using the full force of his prestige and connections to publicly discredit everyone involved in defending Sharise. Behind the scenes, his tactics are even more dangerous. His son had secrets that could destroy the senator&’s political aspirations—secrets worth killing for. And as leads begin mysteriously disappearing, it&’s not just the life of Erin&’s client at stake, but her own . . .
Nothing but the Truth (An Erin McCabe Legal Thriller #4)
by Robyn Gigl&“Topically relevant, edgy, and riveting&” (Library Journal), this groundbreaking and provocative legal suspense series combines a unique protagonist—a transgender defense attorney—with twist-filled, provocative plots that will appeal to fans of J.A. Vance and Philip Margolin. New Jersey State Trooper Jon Mazer has been charged with killing Black investigative reporter Stewart Marshall in a racially charged, headline-making murder. The evidence against criminal defense attorney Erin McCabe&’s new client is overwhelming. The gun used is Mazer&’s off-duty weapon. Fingerprints and carpet fibers link Mazer to the crime. And Mazer was patrolling Marshall&’s neighborhood shortly before the victim took three bullets to the chest. Mazer&’s argument? He&’s a gay officer being set up to take the fall in an even bigger story. Mazer swears he was a secret source for Marshall&’s exposé about the Lords of Discipline. The covert gang operating within the New Jersey State Police is notorious for enforcing their own code of harassing women, framing minorities, and out-powering any troopers who don&’t play their rogue and racist games. With everyone from the governor to the county prosecutor on the wrong side of justice, Erin and her partner, Duane Swisher, are prepared to do anything to make sure Mazer doesn&’t become another victim. As Erin deals with an intensely personal issue at home, and faces an uphill battle to prove her client&’s innocence, both she and Duane find themselves mired in a conspiracy of corruption deeper than they imagined—and far more dangerous than they feared.
Remain Silent: A Chilling Legal Thriller from an Acclaimed Author (An Erin McCabe Legal Thriller #3)
by Robyn Gigl&“Topically relevant, edgy, and riveting&” (Library Journal), this groundbreaking and provocative legal suspense series combines a unique protagonist—a transgender defense attorney—with twist-filled, provocative plots that will appeal to fans of J.A. Vance and Philip Margolin. Erin McCabe&’s years as a criminal defense attorney have prepared her for almost anything, except being on the opposite side of the interrogation table. A new client—a successful financial adviser—was found stabbed to death on the beach near his palatial Jersey Shore home. The time of death is estimated to be during Erin&’s one and only consultation with him, during which he revealed that he was secretly transgender. As the last person to see him alive, Erin&’s now the prime suspect. If the evidence were simply circumstantial, Erin is sure she and her law partner, Duane Swisher, could prevail. But there are entanglements that can&’t be easily explained, and connections to powerful unscrupulous politicians who hold a lot of grudges. While the investigation unfolds, Erin and Duane are called on to represent a mother charged with abducting her child—a hot-button case that has both private and public implications for Erin. As she battles one prosecutor who wants to see her charged with murder, and another determined to send her to jail for refusing to divulge her client&’s location, Erin also faces a devastating family tragedy. With her career and her relationship on the line, and her life being targeted by a desperate nemesis, there has never been more at stake—or fewer places to turn . . .
Survivor's Guilt (An Erin McCabe Legal Thriller #2)
by Robyn GiglRobyn Gigl&’s unique protagonist, transgender attorney Erin McCabe, returns in a fascinating and timely legal thriller that delves into the dark world of human trafficking by the rich and powerful . . . At first, the death of millionaire businessman Charles Parsons seems like a straightforward suicide. There&’s no sign of forced entry or struggle in his lavish New Jersey mansion—just a single gunshot wound from his own weapon. But days later, a different story emerges. Computer techs pick up a voice recording that incriminates Parsons&’ adoptive daughter, Ann, who duly confesses and pleads guilty. Erin McCabe has little interest in reviewing such a slam-dunk case—even after she has a mysterious meeting with one of the investigating detectives, who reveals that Ann, like Erin, is a trans woman. Yet despite their misgivings, Erin and her law partner, Duane Swisher, ultimately can&’t ignore the pieces that don&’t fit. As their investigation deepens, Erin and Swish convince Ann to withdraw her guilty plea. But Ann clearly knows more than she&’s willing to share, even if it means a life sentence. Who is she protecting, and why? Fighting against time and a prosecutor hell-bent on notching another conviction, the two work tirelessly—Erin inside the courtroom, Swish in the field—to clear Ann&’s name. But despite Parsons&’ former associates&’ determination to keep his—and their own—illegal activities buried, a horrifying truth emerges—a web of human exploitation, unchecked greed, and murder. Soon, a quest to see justice served becomes a desperate struggle to survive . . .
Fathoms: The World in the Whale
by Rebecca GiggsWinner of the 2021 Andrew Carnegie Medal for Excellence in Nonfiction * Finalist for the 2020 Kirkus Prize for Nonfiction * Finalist for the PEN/E.O. Wilson Literary Science Writing AwardA &“delving, haunted, and poetic debut&” (The New York Times Book Review) about the awe-inspiring lives of whales, revealing what they can teach us about ourselves, our planet, and our relationship with other species. When writer Rebecca Giggs encountered a humpback whale stranded on her local beachfront in Australia, she began to wonder how the lives of whales reflect the condition of our oceans. Fathoms: The World in the Whale is &“a work of bright and careful genius&” (Robert Moor, New York Times bestselling author of On Trails), one that blends natural history, philosophy, and science to explore: How do whales experience ecological change? How has whale culture been both understood and changed by human technology? What can observing whales teach us about the complexity, splendor, and fragility of life on earth?In Fathoms, we learn about whales so rare they have never been named, whale songs that sweep across hemispheres in annual waves of popularity, and whales that have modified the chemical composition of our planet&’s atmosphere. We travel to Japan to board the ships that hunt whales and delve into the deepest seas to discover how plastic pollution pervades our earth&’s undersea environment.With the immediacy of Rachel Carson and the lush prose of Annie Dillard, Giggs gives us a &“masterly&” (The New Yorker) exploration of the natural world even as she addresses what it means to write about nature at a time of environmental crisis. With depth and clarity, she outlines the challenges we face as we attempt to understand the perspectives of other living beings, and our own place on an evolving planet. Evocative and inspiring, Fathoms &“immediately earns its place in the pantheon of classics of the new golden age of environmental writing&” (Literary Hub).
Law Dictionary, (Mass Market) 6th Ed.: Mass Market Edition
by Steven H. GifisA Simon & Schuster eBook. Simon & Schuster has a great book for every reader.
Law Dictionary, (Trade) 6th Ed: Mass Market Edition
by Steven H. GifisA Simon & Schuster eBook. Simon & Schuster has a great book for every reader.
Dictionary of Legal Terms: Definitions and Explanations for Non-Lawyers
by Stephen H. GifisUpdated to include new terms and to incorporate recent changes in laws and judicial interpretations, this handy dictionary:Contains over 2500 legal terms defined in clear, easy to understand EnglishTranslates “legalese” for the laypersonIncludes hundreds of examples to illustrate the definitionsIs an ideal book for quick reference or to learn more about the law:Non-lawyers will appreciate the way this book cuts through the complexities of legal jargon and presents definitions and explanations that are easily understood and referenced. The terms are arranged alphabetically and given with definitions and explanations for consumers, business proprietors, legal beneficiaries, investors, property owners, litigants, and all others who have dealings with the law. Find definitions on everything from Abandonment and Abatable Nuisance, all the way through to Zoning.
Suing The Tobacco And Lead Pigment Industries
by Donald G. Gifford"The topic, how tort law evolved over time into a system that allowed, for a moment at least, a parens patriae form of massive litigation against corporations, is exceedingly interesting and important. Gifford's treatment of this topic is highly informative, engaging, insightful, very current, and wise. " ---David Owen, Carolina Distinguished Professor of Law, and Director of Tort Law Studies, University of South Carolina InSuing the Tobacco and Lead Pigment Industries, legal scholar Donald G. Gifford recounts the transformation of tort litigation in response to the challenge posed by victims of 21st-century public health crises who seek compensation from the product manufacturers. Class action litigation promised a strategy for documenting collective harm, but an increasingly conservative judicial and political climate limited this strategy. Then, in 1995, Mississippi attorney general Mike Moore initiated aparens patriaeaction on behalf of the state against cigarette manufacturers. Forty-five other states soon filed public product liability actions, seeking both compensation for the funds spent on public health crises and the regulation of harmful products. Gifford finds that courts, through their refusal to expand traditional tort claims, have resisted litigation as a solution to product-caused public health problems. Even if the government were to prevail, the remedy in such litigation is unlikely to be effective. Gifford warns, furthermore, that by shifting the powers to regulate products and to remediate public health problems from the legislature to the state attorney general,parens patriaelitigation raises concerns about the appropriate allocation of powers among the branches of government. Donald G. Gifford is the Edward M. Robertson Research Professor of Law at the University of Maryland School of Law.
The Atlantic Divide in Antitrust: An Examination of US and EU Competition Policy
by Daniel J. Gifford Robert T. KudrleHow is it that two broadly similar systems of competition law have reached different results across a number of significant antitrust issues? While the United States and the European Union share a commitment to maintaining competition in the marketplace and employ similar concepts and legal language in making antitrust decisions, differences in social values, political institutions, and legal precedent have inhibited close convergence. aaaaaaaaaaa With "The Atlantic Divide in Antitrust, " Daniel J. Gifford and Robert T. Kudrle explore many of the main contested areas of contemporary antitrust, including mergers, price discrimination, predatory pricing, and intellectual property. After identifying how prevailing analyses differ across these areas, they then examine the policy ramifications. Several themes run throughout the book, including differences in the amount of discretion firms have in dealing with purchasers, the weight given to the welfare of various market participants, and whether competition tends to be viewed as an efficiency-generating process or as rivalry. The authors conclude with forecasts and suggestions for how greater compatibility might ultimately be attained. "