This book (hardcover) is part of the TREDITION CLASSICS. It contains classical literature works from over two thousand years. Most of these titles have been out of print and off the bookstore shelves for decades. The book series is intended to preserve the cultural legacy and to promote the timeless works of classical literature. Readers of a TREDITION CLASSICS book support the mission to save many of the amazing works of world literature from oblivion. With this series, tredition intends to make thousands of international literature classics available in printed format again - worldwide.

Professors Grear and Kotze have masterfully fashioned a landmark work on human rights and the natural environment. This Research Handbook is more than just a library of current ideas about this important topic; it is an intellectual tour de force that stimulates new thinking on the place of social justice and moral responsibility in the Anthropocene.' - Benjamin J. Richardson, University of Tasmania, Australia'As the connections between human rights and the environment become deeper and broader, this Handbook offers an indispensable point of reference. A seriously impressive group of scholars addresses a seriously interesting range of themes that inform and challenge the totality of our understanding.' - Philippe Sands, University College London, UK Bringing together leading international scholars in the field, this authoritative Handbook combines critical and doctrinal scholarship to illuminate some of the challenging tensions in the legal relationships between humans and the environment, and human rights and environment law. The accomplished contributors provide researchers and students with a rich source of reflection and engagement with the topic. Split into five parts, the book covers epistemologies, core values and closures, constitutionalisms, universalisms and regionalisms, with a final concluding section exploring major challenges and alternative futures. An essential resource for students and scholars of human rights law, the volume will also be of significant interest to those in the fields of environmental and constitutional law. Contributors: S. Adelman, U. Beyerlin, K. Bosselmann, D.R Boyd, P.D. Burdon, L. Code, L. Collins, S. Coyle, C.G Gonzalez, E. Grant, A. Grear, E. Hey, C.J. Iorns Magallanes, B. Jessup, A. Jones, A. A. Khavari, L.J. Kotze, R. Lyster, K. Morrow, A. Philippopoulos-Mihalopoulos, W. Scholtz, P. Simons, S. Theriault, F. Venter

Basic freedoms cannot be abandoned in times of conflict, or can they? Are basic freedoms routinely forsaken during times when there are national security concerns? These questions present different conundrums for the legal profession, which generally values basic freedoms but is also part of the architecture of emergency legal frameworks. Unleashing the Force of Law uses multi-jurisdiction empirical data and draws on cause lawyering, political lawyering and Bourdieusian juridical field literature to analyze the invocation of legal norms aimed at the protection of basic freedoms in times of national security tensions. It asks three main questions about the protection of basic freedoms. First, when do lawyers mobilize for the protection of basic freedoms? Second, in what kind of mobilization do they engage? Third, how do the strategies they adopt relate to the outcomes they achieve? Covering the last five decades, the book focusses on the 1980s and the Noughties through an analysis of legal work for two groups of independence seekers in the 1980s, namely, Republican (mostly Catholic) separatists in Northern Ireland and Puerto Rican separatists in the US, and on post-9/11 issues concerning basic freedoms in both countries

This volume takes a historical approach in analyzing all of the major United States Supreme Court cases relevant to the conflict between a free press and fair trial. Campbell's thorough analysis, which relates 30 primary cases to each other and to nearly 70 associated supporting cases, consists of five parts: (1) legal backgrounds; (2) immediate historical circumstances giving rise to the cases; (3) complete summaries of all court opinions, concurring opinions, and dissenting opinions, often using the Justices' own words; (4) the Court's ruling; and (5) analysis of the significance of the cases.

This is the first in-depth analysis of American railroad litigation from the 1880s to 1910 that led to landmark decisions by the Supreme Court, fundamentally altering the meaning of due process in American constitutional law and establishing a basic power of the federal courts to restrict state regulation over railroad rates. This is the first book-length study systematically to explore the impact of American railroads on the courts and the U.S. Constitution. Historians, political scientists, and legal scholars interested in decisions that profoundly affected contemporary views on the Constitution, and the political strategy and tactics used by the railroads to affect the judicial process, will gain new insights from this study. The introduction covers the disastrous defeat that the railroads suffered at the hands of the Supreme Court in the 1877 Granger Cases when the roads first challenged governmental regulation of railroad rates. Chapters 1 through 5 analyze their victories in the 1880s and 1890s as they sought to establish substantive due process as a valid doctrine. Chapters 6 through 9 describe the subsequent litigation to circumvent the Eleventh Amendment's apparent bar to injunction suits against state officers in the federal courts, culminating in a Supreme Court landmark decision of 1908. The epilogue shows how these decisions had a lasting impact on constitutional development in the United States in relation to civil liberties and contemporary constitutional law.

This book examines the right to a neutral and detached decisionmaker as interpreted by the U.S. Supreme Court. This right resides in the Constitution's Fifth Amendment and Fourteenth Amendment guarantees to procedural due process and in the Sixth Amendment's promise of an impartial jury. Supreme Court cases on these topics are the vehicles to understand how these constitutional rights have come alive. First, the book surveys the right to an impartial jury in criminal cases by telling the stories of defendants whose convictions were overturned after they were the victims of prejudicial pretrial publicity, mob justice, and discriminatory jury selection. Next, the book articulates how our modern notion of judicial impartiality was forged by the Court striking down cases where judges were bribed, where they had other direct financial stakes in the outcome of the case, and where a judge decided the case of a major campaign supporter. Finally, the book traces the development of the right to a neutral decisionmaker in quasi-judicial, non-court settings, including cases involving parole revocation, medical license review, mental health commitments, prison discipline, and enemy combatants. Each chapter begins with the typically shocking facts of these cases being retold, and each chapter ends with a critical examination of the Supreme Court's ultimate decisions in these cases.

This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality. The "sharing" of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks. Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.

This collection brings together for the first time the key primary documents in the history of the abortion controversy in the United States. Organized by historical period, these 92 documents tell the story of this highly charged issue. An explanatory introduction geared to the needs of high school and college students accompanies each document. The collection emphasizes the political and social aspects of the debate, and many voices and conflicting views resound--in congressional hearings, Supreme Court decisions, government reports, party platforms, position papers, statutes, biographical accounts, and news stories. The heart of the work is the drama of Roe v. Wade--the cases that led to it, the Supreme Court decision and dissenting opinions, the reaction in Congress, public opinion, political consequences, and the most recent court tests.

The work is divided into five sections: Part I covers the historical period from its European inception until the beginning of the reform movement in the United States in the 1960s. Part II looks at the developments in 1960-1972 that led to the Supreme Court decision in Roe v. Wade in 1973. Part III focuses on Roe v. Wade and the reaction to the decision. Part IV, The Battlelines Are Drawn, 1974-1980, describes the political battles over abortion in the 1970s. Part V includes documents from the Reagan/Bush administrations and ends with the beginning of the Clinton administration in 1993. Each chapter includes a list of suggested readings. The book concludes with a chronology of events in the abortion controversy and a list of decisions of the United States Supreme Court relating to abortion. The collection will be especially useful for high school, junior college, and college students, and for public libraries.

When one reads the history of the state of Alabama, "courageous judicial decisions" appears to be an oxymoron because there have not been many such decisions. Most that did occur were related in some fashion to the racial problems that have existed in Alabama from the very beginning of statehood. It is important that we understand just what we mean when we speak of courage. Sustained courage emanates from character, which in itself takes a lifetime to build. Courage can be defined as the moral strength that permits one to face fear and difficulty. Courage requires a certain amount of leadership, and this leadership behavior is admirable and excellent. Making judicial decisions that changed ways of living in Alabama during the days of segregation required courage. These decisions could have severe consequences for one's safety and could affect one's family. Yet despite the potential consequences, there were at least four judges in Alabama who made decisions based on what they thought was the right thing to do and would lead Alabama in the right direction. The judges whose names come immediately to the forefront are George Stone, Thomas G. Jones, James E. Horton Jr., and Frank M. Johnson.

The frontier between "law" and "politics" is not always clear-cut. Although courts are allowed to function broadly, governments and parliaments can also make independent decisions. Tim Koopmans compares the way American, British, French and German law and politics handle different issues. For example, highly "political" subjects in one country may constitute legal issues in another. Koopmans considers case law in a range of issues, including human rights protection, federalism, separation of powers, and the impact of European and international law.

Surveys show that the all-volunteer military is our most respected and trusted institution, but over the last thirty-five years it has grown estranged from civilian society. Without a draft, imperfect as it was, the military is no longer as representative of civilian society. Fewer people accept the obligation for military service, and a larger number lack the knowledge to be engaged participants in civilian control of the military.
The end of the draft, however, is not the most important reason we have a significant civil-military gap today. A More Perfect Military explains how the Supreme Court used the cultural division of the Vietnam era to change the nature of our civil-military relations. The Supreme Court describes itself as a strong supporter of the military and its distinctive culture, but in the all-volunteer era, its decisions have consistently undermined the military's traditional relationship to law and the Constitution. Most people would never suspect there was anything wrong, but our civil-military relations are now as constitutionally fragile as they have ever been.
A More Perfect Military is a bracingly candid assessment of the military's constitutional health. It crosses ideological and political boundaries and is challenging-even unsettling-to both liberal and conservative views. It is written for those who believe the military may be slipping away from our common national experience. This book is the blueprint for a new national conversation about military service.

This book examines the frequency, causes and management of divided government in comparative context, identifying the similarities and differences between the various experiences of this increasingly frequent form of government. The countries studied include Denmark, Ecuador, Finland, France, Germany, Ireland, Italy, Mexico, Norway, Poland, and the US.

This book presents an analysis of the concept of the administrative act and its classification as 'foreign', and studies the administrative procedure for adopting administrative acts in a range of countries in and outside Europe. While focusing on the recognition and execution of foreign administrative acts, the book examines the validity, efficacy and enforceability of foreign administrative acts at national level. The book starts with a general analysis of the issue, offering general conclusions about the experiences in different countries. It then analyses the aforementioned themes from the perspective of the domestic law of different European nations and a number of international organisations (European Union, MERCOSUR, and Andean Community). In addition, the book studies the role of the European Union in the progress towards the recognition and execution of foreign administrative acts, where the principle of mutual recognition plays a vital part. Finally, the book analyses the international conventions on the recognition and execution of administrative acts and on the legalisation of public documents.

This book provides a framework for comparing EU citizenship and US citizenship as standards of equality. If we wish to understand the legal development of the citizenship of the European Union and its relationship to the nationalities of the member states, it is helpful to examine the history of United States citizenship and, in particular, to elaborate a theory of 'duplex' citizenships found in federal orders. In such a citizenship, each person's citizenship is necessarily 'layered' with the citizenship or nationality of a (member) state. The question this book answers is: how does federal citizenship, as a claim to equality, affect the relationship between the (member) state and its national or citizen? Because the book places equality, not allegiance to a sovereign at the center of its analysis of citizenship, it manages to escape traditional analyses of the EU that measure it by the standard of a sovereign state. The text presents a coherent account of the development of EU citizenship and EU civil rights for those who wish to understand their continuing development in the case law of the Court of Justice of the European Union. Scholars and legal practitioners of EU law will find novel insights in this book into how EU citizenship works, in order to be able to grasp the direction in which it will continue to develop. And it may be of great interest to American scholars of law and political science who wish to understand one aspect of how the EU works as a constitutional order, not merely as an order of international law, by comparison to their own history. Jeremy Bierbach is an attorney at Franssen Advocaten in Amsterdam. He holds a Ph.D. in European constitutional law from the University of Amsterdam, the Netherlands.

Every year, the European Court of Human Rights delivers a large number of judgments, adding to its already extensive case-law. This makes it difficult for people outside the Court to know which cases are the most relevant and break new ground for fair trial issues. This book seeks to respond to that need by focusing on the most important cases and aims to make the content of Article 6 accessible in order to best serve readers' every-day practical legal needs The cases are selected following the Court's Jurisconsult's opinion of their jurisprudential interest. In addition, the book includes a number of other cases that raise issues of general interest, establish new principles, or develop or clarify the Court's existing case-law. The case summaries draw the readers' attention to the essential points, allowing them to focus on the jurisprudential significance of a particular case. A clear structure utilising detailed heading helps the reader to quickly find the relevant case-law.Right to a Fair Trial - A Practical Guide to the Article 6 Case-Law of the European Court of Human Rights is a comprehensive, easy-to-use and up-to-date reference book which provides a useful source of information for the practitioners, theorists and students in the field of human rights.

This book discusses the recently introduced concession policy, which is also known as PPP worldwide, on municipal utilities policy in China. In this context, critics have claimed that there is a gap in accountability with regard to concessions. The author utilizes interdisciplinary methods and comparative studies, taking into account the situation in the EU and US to analyze the accountability gap some feel will be created when the policy is implemented. Taking water sector concessions as the subject of discussion, the author distinguishes between three types of accountability: traditional bureaucratic accountability, legal accountability and public accountability. By systematically analyzing the essential problems involved, the book attempts to achieve a better understanding of concession and its application in the context of public utilities and finds that the alleged accountability gap is attributed to traditional bureaucratic accountability in China and the concession system per se.

Professor Rideout reviews the laws concerning trade unionism by presenting case surveys and comparing British, American and Commonwealth laws. He is particularly concerned with the right of admission to membership and the regulation of disciplinary proceedings, and speculates on future developments in trade union law.