Banning therapeutic and reproductive cloning jeopardizes more than cloning itself. The constitutional principles intertwined with cloning embrace such vital liberties as personal autonomy, privacy, reproduction, and freedom of expression. Properly understood, cloning is essentially the same as other forms of assisted reproduction. Procrustean bans on cloning implicate and indirectly threaten numerous key personal interests, including abortion, in vitro fertilization, same-sex adoption, and surrogacy. A government allowed to preemptively isolate and censor medico-scientific research into cloning may be emboldened to shut down other forms of disfavored inquiry and expression as well. Much of the animosity toward cloning is based on unfounded fear, science-fiction fantasy, moralistic bias, and slippery slope predictions, most of which is scientifically untenable or already illegal. Yet when people are cloned, they will in fact be less similar than identical twins; genetics aren't everything. Differing environments produce differing people, and human clones--distinct individuals--will be entitled to the same human rights and legal protections that have protected individuals for centuries. Kunich establishes the pressing need to evaluate cloning in a rational scientific and legal manner, before the extreme opposition sprouting from fear and misunderstanding, which has already led to several state laws, results in an unconstitutional federal ban.

The Executive in the Constitution: Structure, Autonomy, and Internal Control is the first constitutional and legal analysis of the inner workings of the executive for many years. It aims to provoke a reappraisal, by constitutional lawyers, of the place of the executive within the constitution, by exploring an area hitherto largely neglected in constitutional law: the legal foundations of the powers and structure of the executive, and the mechanisms through which the centre of the executive seeks to control the actions of departments. The authors, both pre-eminent in the field off constitutional law, show that the machinery of executive co-ordination and control is no less crucial a dimension of the constitutional order than the external machinery of democratic and legal control. These external parliamentary and judicial controls depend for their effectiveness on the executive's ability to control itself. The plural structure of the executive, however, makes the co-ordination and control of its component parts a highly problematical pursuit. Against the background of an analysis of the executive's legal structure, the book examines in detail the controls governing departmental access to staffing, financial, and legal resources, analysing the relationship between these internal controls and the external machinery of democratic and legal control, and showing how the machinery of internal control has been shaped by the structure of the executive branch. The organization of the executive and the way it controls the actions of its departments has changed significantly in recent year. This book explores the impact of the machinery if executive co-ordination and control of the ambitious public service reform project which has been pursued by successive governments over the last twenty years, as well as of changes in the wider constitutional framework, including those stemming from the United Kingdom's membership of the European Union and the growth of judicial review. It shows how public service reforms, judicial review, and European law are changing not just the inner life of the executive government but its place in the constitution as well.

Arizona has one of the fastest growing communities of Latino immigrants in the United States. In response to accusations that the Federal government was hampering the immigration enforcement actions of Arizona police, state Senator Russell Pearce introduced the "Support Our Law Enforcement and Safe Neighborhoods Act." Better known as SB 1070, the policy allows police officers in Arizona to arrest unauthorized immigrants under the state's trespassing law. The law also gives officers the latitude to question and detain those that may appear suspicious, which may simply mean that they appear Latino. Under the State's statute, immigrants can also be criminalized for their mere presence in Arizona. The bill was signed into law on April 23, 2010, which generated a number of immensely complex issues at the local, national and international level The measure has affected an already problematic U.S.-Mexico, bi-national relationship at a time of increased security cooperation between the two countries. Furthermore, former the President of Mexico has criticized the law, issuing travel advisories, and as a sanction, trade between Arizona and Mexico has been reduced. Elected officials across the country called for a variety of economic boycotts and campaigns that would discourage the full implementation of the law. Over fifteen major cities have ended business contracts with Arizona. The State tourism industry has lost almost one billion dollars in less than six months as a result of this policy. This book examines a variety of issues and consequences of SB 1070 at the local, national and international level. It provides timely research and analysis on a topic not previously examined and from a variety of inter disciplinary approaches, making it of interest to political scientists and policy-makers alike.

Just as the polls opened on November 5, 1872, Susan B. Anthony arrived and filled out her "ticket" for the various candidates. But before it could be placed in the ballot box, a poll watcher objected, claiming her action violated the laws of New York and the state constitution. Anthony vehemently protested that as a citizen of the United States and the state of New York she was entitled to vote under the Fourteenth Amendment. The poll watchers gave in and allowed Anthony to deposit her ballots. Anthony was arrested, charged with a federal crime, and tried in court. Primarily represented within document collections and broader accounts of the fight for woman suffrage, Anthony's controversial trial-as a landmark narrative in the annals of American law-remains a relatively neglected subject. N. E. H. Hull provides the first book-length engagement with the legal dimensions of that narrative and in the process illuminates the laws, politics, and personalities at the heart of the trial and its outcome. Hull summarises the woman suffrage movement in the post-Civil War era, reveals its betrayal by former allies in the abolitionist movement, and describes its fall into disarray. She then chronicles Anthony's vote, arrest, and preliminary hearings, as well as the legal and public relations manoeuvring in the run-up to the trial. She captures the drama created by Anthony, her attorneys, the politically ambitious prosecutor, and presiding judge-and Supreme Court justice-Ward Hunt, who argued emphatically against Anthony's interpretation of the Reconstruction Amendments as the source of her voting rights. She then tracks further relevant developments in the trial's aftermath-including Minor v. Happersett, another key case for the voting rights of women-and follows the major players through the eventual passage of the Nineteenth (or "Susan B. Anthony") Amendment. Hull's concise and readable guide reveals a story of courage and despair, of sisterhood and rivalry, of high purpose and low politics. It also underscores for all of us how Anthony's act of civil disobedience remains essential to our understanding of both constitutional and women's history-and why it all matters. This book is part of the Landmark Law Cases and American Society series.

The subjects of Privacy and Data Protection are more relevant than ever with the European General Data Protection Regulation (GDPR) becoming enforceable in May 2018. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the tenth annual International Conference on Computers, Privacy and Data Protection, CPDP 2017, held in Brussels in January 2017. The book explores Directive 95/46/EU and the GDPR moving from a market framing to a 'treaty-base games frame', the GDPR requirements regarding machine learning, the need for transparency in automated decision-making systems to warrant against wrong decisions and protect privacy, the riskrevolution in EU data protection law, data security challenges of Industry 4.0, (new) types of data introduced in the GDPR, privacy design implications of conversational agents, and reasonable expectations of data protection in Intelligent Orthoses. This interdisciplinary book was written while the implications of the General Data Protection Regulation 2016/679 were beginning to become clear. It discusses open issues, and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in computers, privacy and data protection.

Administrative Law and Policy of the EU provides a comprehensive analysis of the administration of the European Union and the legal framework within which that administration operates. The book examines the multifarious approaches, techniques, and structures of public administration in order to systematise and assess the solutions they offer to political, social, and economic problems.
The legal framework of administration is examined from the standpoint of how it meets the demands of specific policy objectives established by democratically accountable decision-makers. Administrative law structures and many of its underlying principles have developed in an evolutionary and isolated manner in each policy area. While aware of the diversity of specific areas, this book takes an overarching approach, setting out the common rules and principles that constitute the general body of EU administrative law.
By integrating the disciplines of political and administrative science, and administrative law, the book offers a rich explanation and critique of the complex executive framework of the EU.

How does an idea that forms in the minds of a few activists in one part of the world become a global norm that nearly all states obey? How do human rights ideas spread? In this book, Robyn Linde tracks the diffusion of a single human rights norm: the abolition of the death penalty for child offenders under the age of 18. The norm against the penalty diffused internationally through law-specifically, criminal law addressing child offenders, usually those convicted of murder or rape. Through detailed case studies and a qualitative, comparative approach to national law and practice, Linde argues that children played an important-though little known-role in the process of state consolidation and the building of international order. This occured through the promotion of children as international rights holders and was the outcome of almost two centuries of activism. Through an innovative synthesis of prevailing theories of power and socialization, Linde shows that the growth of state control over children was part of a larger political process by which the liberal state (both paternal and democratic) became the only model of acceptable and legitimate statehood and through which newly minted international institutions would find purpose. The book offers insight into the origins, spread, and adoption of human rights norms and law by elucidating the roles and contributions of principled actors and norm entrepreneurs at different stages of diffusion, and by identifying a previously unexplored pattern of change whereby resistant states were brought into compliance with the now global norm against the child death penalty. From the institutions and legacy of colonialism to the development and promotion of the global child-a collection of related, still changing norms of child welfare and protection-Linde demonstrates how a specifically Western conception of childhood and ideas about children shaped the current international system.

Calabresi complains that we are "choking on statutes" and proposes a restoration of the courts and their common law function. From a series of lectures given by Calabresi as part of The Oliver Wendell Holmes Lectures delivered at Harvard Law School in March 1977.

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 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 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.

This book originated as a series of lectures presented at Johns Hopkins in 1915. It proposes a method to supplement the established doctrine of constitutional law, which enforces legislative norms through negation and review, by a system of positive principles that would guide the making of statutes and give more definite meaning and content to the concept of due process. Highly regarded since its original publication in 1917 and the winner of Harvard Law School's Ames Prize in 1919, it went on to become a standard work. It was recommended, to cite two examples, in Roscoe Pound's Introduction to American Law (1919) and Arthur Vanderbilt's Studying Law (1945). A comment published at the end of Freund's career summarizes a general opinion: "The great quality which Ernst Freund brought to the study of administrative law was his capacity for analysis. He was the Austin of the jurisprudence of administrative law." -W.I.J., Law Quarterly Review 49 (1933): 588."We have seldom read an essay so philosophically and learnedly written and one which at the same time is extremely interesting as well as constructive. Mention is made of practically all our general classes of legislation during 'the last century, and in every instance we are treated with a learned historical review of the subject under consideration."-American Law Review 52 (1918) 476.Ernst Freund 1864-1932] was Professor of Jurisprudence and Public Law at the University of Chicago. He is widely considered to be responsible for the development of administrative law in the United States.

Parliamentary elections are the foundation of the democratic State, providing legitimacy to government and an opportunity for citizens to participate in the democratic process. But despite the crucial role of elections in government and society, the law governing them is fragmented, both conceptually and in terms of the legal framework. This book examines each stage of the electoral process from the perspective of the candidate seeking to become an MP: eligibility and qualification, the candidate selection process, nominations, disputed elections and then, lastly, disqualification or exit from the House of Commons. Each stage of the process is considered in light of developments in political practice and human rights jurisprudence, and an argument is made for the rethinking and reform of the law of parliamentary candidacy and membership. The book takes into account the reforms ushered in by the parliamentary expenses scandal of 2009, and also looks to the new electoral era that may eventuate under the Liberal Democrat-Conservative Coalition Government.

What makes a great book? If the determining factors are the content,authorship and timing of publication then this collection of essays from some of Europe's most eminent judges and jurists satisfies all three criteria. Readers will here find the expanded versions of the speeches given at a one-day conference in London to mark, from a legal point of view, the beginning of the new millennium. In a thoughtful and predominantly comparative manner the distinguished speakers explore the cross fertilisation of ideas that is taking place between the Common and Civil law systems in such important topics as human rights, commercial law, and comparative methodology. The contributors include Lords Irvine, Bingham, Woolf, Steyn, and Goff, the President of the Court of the European Communities, Dr Iglesias, the President of the Court of Human Rights, Dr Wildhaber, the President of the German Constitutional Court, Professor Limbach, Justices Lenoir and Mirabelli, respectively of the French and Italian Constitutional Courts, the Professor Walter van Gerven, former Advocate General of the Court of the European Communities, Professor Klaus Hopt, co-Director of the Max-Planck Institute of Hamburg, Professor Christian von Bar, Director of the Institute of Comparative Law at the University of Osnabruck and the organiser of the conference, Professor Basil Markesinis, Director of the Oxford Institute of European and Comparative Law. The book commences with a Foreword by Keith Clark, Senior Partner of the multinational law firm, Clifford Chance, who have sponsored the conference. This is a unique book about legal practice in the increasingly integrated world of tomorrow.

Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation. This updated and revised second edition includes a number of new contributions on the political status of the courts in their democratic political cultures.

This book examines how the increasing interdependence between trade and foreign policy can be managed within the legal framework of the European Union. In the context of the legally distinct characteristics of the European Community and the Common Foreign and Security Policy,it analyses the problems underpinning the regulation of three areas: sanctions against third countries, armaments, and exports of dual-use goods. The focus is on whether the constitutional order of the European Union may address these problems while performing a variety of functions: ensuring the consistency and coherence of its external relations, preserving the acquis communautaire and respecting the right of the Member States to conduct their foreign policy as fully sovereign subjects of international law. The book concludes that the interactions between trade and foreign policy may be regulated in a legally sensible and realistic way within the current structure of the European Union. The recent developments regarding the defense and security identity of the European Union and the debate over the nature of an enlarged Union make this book all the more topical.

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.

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.

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.