Books by "Thomas O. McGarity"
5 books found
Safety professionals communicate, directly and indirectly with a large number of employees and others on a daily basis. While not lawyers, they regularly deal with legal issues. A subset of their responsibilities includes how to discuss safety without crossing the discriminatory line. To do this, they need an understanding of discrimination laws. Written for safety professionals, this book provides general knowledge of the various laws and regulations that offer protection to employees and individuals against discrimination in the workplace. It takes a proactive approach to identifying situations where potential discrimination against an employee or individual may occur, and provides guidance on how to take immediate action to address the potential discriminatory situation. The book discusses new laws and amendments to existing laws, and illustrates the filing process for claims. Chapters cover the Americans with Disabilities Act, the Equal Pay Act of 1963, and the Pregnancy Discrimination Act.
Health Care Ethics and the Law
by Donna K. Hammaker, Thomas M. Knadig, Jonathan D. Gomberg
2022 · Jones & Bartlett Learning
Health Care Ethics and the Law is a comprehensive, practical resource designed for those preparing for a career in healthcare management. In 16 chapters, the text explains and illustrates ethical principles and their application in the real world, including material that is consistently cited by the U.S. Supreme Court and the nation’s highest appellate courts. The book also explores substantive theories of classic ethicists in the Western world, along with current scholarly literature from the nation’s leading ethicists. The authors seamlessly integrate ethical and legal concepts without overwhelming the reader with philosophies and theory. With an emphasis on interpretation, insight, and ideas, Health Care Ethics and the Law guides healthcare professionals through the ethical decisions they will face in their everyday professional lives.
The trajectories of pollution in global capitalism, from the toxic waste of early tanneries to the poisonous effects of pesticides in the twentieth century. Through the centuries, the march of economic progress has been accompanied by the spread of industrial pollution. As our capacities for production and our aptitude for consumption have increased, so have their byproducts—chemical contamination from fertilizers and pesticides, diesel emissions, oil spills, a vast “plastic continent” found floating in the ocean. The Contamination of the Earth offers a social and political history of industrial pollution, mapping its trajectories over three centuries, from the toxic wastes of early tanneries to the fossil fuel energy regime of the twentieth century. The authors describe how, from 1750 onward, in contrast to the early modern period, polluted water and air came to be seen as inevitable side effects of industrialization, which was universally regarded as beneficial. By the nineteenth century, pollutants became constituent elements of modernity. The authors trace the evolution of these various pollutions, and describe the ways in which they were simultaneously denounced and permitted. The twentieth century saw new and massive scales of pollution: chemicals that resisted biodegradation, including napalm and other defoliants used as weapons of war; the ascendancy of oil; and a lifestyle defined by consumption. In the 1970s, pollution became a political issue, but efforts—local, national, and global—to regulate it often fell short. Viewing the history of pollution though a political lens, the authors also offer lessons for the future of the industrial world.
A leading expert on the administrative state describes the past, present, and future of the immensely consequential--and equally controversial--legal doctrine that has come to define how Congress's laws are applied by the executive branch. The Constitution makes Congress the principal federal lawmaker. But for a variety of reasons, including partisan gridlock, Congress increasingly fails to keep up with the challenges facing our society. Power has inevitably shifted to the executive branch agencies that interpret laws already on the books and to the courts that review the agencies' interpretations. Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Critics of the administrative state also charge that Chevron deference enables unaccountable bureaucratic power. Thomas Merrill reviews the history and immense consequences of the Chevron doctrine and suggests a way forward. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state. Instead, he focuses on what should be the proper relationship between agencies and courts in interpreting laws, given the strengths and weaknesses of these institutions. Courts are better at enforcing the rule of law and constitutional values; agencies have more policy expertise and receive more public input. And, unlike courts, agencies are subject to at least some political discipline. The best solution, Merrill suggests, is not of the either-or variety. Neither executive agencies nor courts alone should pick up the slack of our increasingly ineffectual legislature.
Instream Flow Protection is a comprehensive overview of Western water use and the issues that surround it. The authors explain instream flow and its historical, political, and legal context; describe current instream flow laws and policies; and present methods of protecting instream flow. They provide numerous examples to illustrate their discussions, with case studies of major river systems including the Bitterroot, Clark's Fork, Colorado, Columbia, Mimbres, Mono Lake, Platte, Snake, and Wind. Policymakers, land and water managers at local, state, and federal levels, attorneys, students and researchers of water issues, and anyone concerned with instream flow protection will find the book enormously valuable.