This book is based on a unique data set and assesses in comparative terms the public management reforms in the five Nordic countries: Denmark, Finland, Iceland, Norway, and Sweden. Based on the assessments of administrative executives, the book compares the Nordic countries with the Anglo-Saxon, the Germanic, the Napoleonic and the East European group of countries. The book addresses the following questions: What reform trends are relevant in the public administrations of the Nordic countries? What institutional features characterize the state authorities in these countries? What characterizes the role identity, self-understanding, dominant values, and motivation of administrative executive in the Nordic countries? What characterizes reform processes, trends and content, what is the relevance of different types of management instruments, and what are their perceived effects and the perceived performance of the public administration? The book also examines how the different Nordic countries dealt with the financial crisis of 2008, and how the differences and similarities in their approaches can be explained.

The Americans With Disabilities Act (ADA) is grounded in the human rights perspective. Like other civil rights legislation, the ADA is aimed at an oppressed group, persons with disabilities, who have been denied equal opportunities to participate in the larger society. As Pardeck makes clear, the goal of ADA, ending discrimination against people with disabilities in all facets of American life, is aligned with the philosophies and traditions of the social work profession. Pardeck provides a detailed overview and analysis of the ADA that will help professional social workers as well as students entering the field realize the full significance of the new rights and protections extended to people with disabilities. He also provides specific case studies and examples to illustrate the range of opportunities afforded the disabled and their advocates.

Since the mid-1970s American presidents have, with growing frequency, claimed that they have the power to ignore any law they believe is unconstitutional. Beginning with a review of the English constitutional backdrop against which the U.S. Constitution was framed, this book demonstrates that the Founders did not intend to confer on the president a power equivalent to the royal prerogative of suspending the laws, which was stripped from the English Crown in 1689. The author examines each of the nearly 150 instances in which presidents from George Washington to Jimmy Carter have objected to the validity of a law, in order to determine whether or not the president then ignored the law in question. This examination of the historical record reveals that prior to the mid-1970s the White House only rarely failed to honor a law that it believed to be unconstitutional.

This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.

Although Americans generally think that the U.S. Department of Homeland Security is focused only on preventing terrorism, one office within that agency has a humanitarian mission. Its Asylum Office adjudicates applications from people fleeing persecution in their homelands. Lives in the Balance is a careful empirical analysis of how Homeland Security decided these asylum cases over a recent fourteen-year period. Day in and day out, asylum officers make decisions with life-or-death consequences: determining which applicants are telling the truth and are at risk of persecution in their home countries, and which are ineligible for refugee status in America. In Lives in the Balance, the authors analyze a database of 383,000 cases provided to them by the government in order to better understand the effect on grant rates of a host of factors unrelated to the merits of asylum claims, including the one-year filing deadline, whether applicants entered the United States with a visa, whether applicants had dependents, whether they were represented, how many asylum cases their adjudicator had previously decided, and whether or not their adjudicator was a lawyer. The authors also examine the degree to which decisions were consistent among the eight regional asylum offices and within each of those offices. The authors' recommendations , including repeal of the one-year deadline , would improve the adjudication process by reducing the impact of non-merits factors on asylum decisions. If adopted by the government, these proposals would improve the accuracy of outcomes for those whose lives hang in the balance.

Moore argues that there is a fundamental incompatibility between race and governance. She examines the formal procedures used to enact the thirteen major civil rights laws and the policy concessions necessitated by the use of those procedures and notes the impact of the divisive nature of the politics of race upon procedure and substance.

Her analysis of 40 years of congressional civil rights lawmaking reveals that whenever race is introduced into the normal policy process, that process breaks down. In its place emerges an abnormal policy process--one that is inordinately demanding with respect to skill, input, and support/votes. She concludes that the substantive provisions of policies produced by this process are too weak to reduce huge racial disparities in education, housing, and employment. The reason race regularly generates abnormal process and policies is that it is too contentious for the standard governmental apparatus. This apparatus is designed to redress problems and issues undergirded by some measure of consensus. Race lacks such a consensual undercurrent and, therefore, is incompatible with standard governance processes. A provocative analysis of particular interest to scholars and researchers involved with American racial politics, minorities, and party politics.

As broadcasting systems transform - both in societies marking a post- communist transition and in the rest of Europe and the United States - opportunities for "access" are frequently put forward and debated. Just as frequently, little is done to analyze what is meant by access and how the concept fits into a theoretical framework. Access issues proliferate, not only for the new statutes concerning broadcasting licenses, but for cable television regimens and for the information infrastructures of the future. Access becomes the hope of social groups, religious organizations, politicians, redemptive in its impact on the democratic process. Given the range of uses, given the consequences imputed to access, in the broadcasting field, more attention to its various meanings is long overdue. This volume of essays is a partial answer. The book has its origins in a conference held in June 1993 at the Institute for Constitutional and Legislative Policy at the Central European University in Budapest. The purpose of the conference was to gather scholars with a commitment to exploring the theoretical and actual implications of various access regimes as they have been or were then being practised or proposed. The time was a vital one as debates continued throughout the region on the shape of proposed broadcasting legislation. The conference offered an opportunity to review the political context in which access was being considered at a raw and early moment in the transitions to democracy. Hungary was still deadlocked in its "media wars", a confrontation between the major political parties over the course of society in which the conduct and control of broadcasting was seen as a defining issue. The Czech Republic had just split from its Slovak counterpart and the implications for the role of broadcasting in the building of a nation were self-evident. Problems of hate speech and lustration - a negative form of access: access by society to information about the personal past of public figures - compounded the difficulty of policy-making. Access issues yielded concerns about privatization since the ownership of instruments of the press are a key factor in access and that implicated the choice of licensees, the conditions under which they should operate, whether and to what extent foreign investment should be allowed. The inevitable, underlying problem concerns the role of the state in establishing rules, maintaining a hand in establishing the narratives of continuity and, indeed, in letting go and fostering the processes of change. The responses are organized in four sections: theories of media access; access to media in Europe and the United States; judicial review of access to the media; and the media and the political arena.

Several international legal issues are related to the concept of legal personality, including the determination of international rights and duties of non-state actors and the legal capacities of transnational institutions. When addressing these issues, different understandings of legal personality are employed. These concepts consider different entities to be international persons, state different criteria for becoming one and attach different consequences to being one. In this book, Roland Portmann systematizes the different positions on international personality by spelling out the assumptions on which they rest and examining how they were substantiated in legal practice. He puts forward the argument that positions on international personality which strongly emphasize the role of states or effective actors rely on assumptions that have been discarded in present international law. The principal argument is that international law has to be conceived as an open system, wherein there is no presumption for or against certain entities enjoying international personality.

This is a comprehensive guide to challenging decisions of criminal courts and public bodies in the criminal justice system using judicial review. Written by a team of criminal and public law practitioners, it considers claims for judicial review arising in the criminal justice system, which now represent a distinct area of public law. These claims are set apart by special considerations and rules; for example, on the limits of the High Court's jurisdiction or the availability of relief during ongoing proceedings. Criminal practitioners may lack the background to spot public law points. Equally, public law specialists may be unfamiliar with criminal law and types of issues that arise. Criminal Judicial Review is intended as a resource for both. The book deals with the principles, case law, remedies and, the practice and procedure for obtaining legal aid and costs. It will be of assistance to any practitioner preparing or responding to judicial review claims involving the following: - The Police and the Crown Prosecution Service. - Magistrates' courts, the Crown Court and Coroners. - Prisons and the Parole Board. - Statutory bodies such as the Independent Police Complaints Commission and the Legal Aid Agency. - Claimants who are children, young persons or have mental disorders. - The international dimension including extradition proceedings and European Union law. - Practical considerations such as CPR Part 54, remedies, legal aid and costs. From the Foreword by The Rt Hon Lord Judge "The book is offered in clear and simple style, focussing less on esoteric theoretical considerations and more on the practical needs of the practitioner. It brings together materials relating to public law with which a criminal specialist may be less well informed, and material relevant to the criminal justice processes which may not be immediately apparent to the public law specialist. It will assist with the preparation of arguments, and also enable submissions which are unarguable to be discarded. It will therefore provide valuable guidance in this broad and developing area of practice."

This book is about privacy interests in English tort law. Despite the recent recognition of a misuse of private information tort, English law remains underdeveloped. The presence of gaps in the law can be explained, to some extent, by a failure on the part of courts and legal academics to reflect on the meaning of privacy. Through comparative, critical and historical analysis, this book seeks to refine our understanding of privacy by considering our shared experience of it. To this end, the book draws on the work of Norbert Elias and Karl Popper, among others, and compares the English law of privacy with the highly elaborate German law. In doing so, the book reaches the conclusion that an unfortunate consequence of the way English privacy law has developed is that it gives the impression that justice is only for the rich and famous. If English courts are to ensure equalitarian justice, the book argues that they must reflect on the value of privacy and explore the bounds of legal possibility.

This book provides a comprehensive human rights analysis of key areas of law affecting older persons, including legal capacity; elder abuse; accommodation and aged care; healthcare; employment; financial security, retirement, and estate planning; and social and cultural participation. The research identifies individual autonomy and participation in decision-making as fundamental to a human rights-based approach to elder law. The book argues that a paradigm shift must occur away from traditional medical and charity-based understandings of 'old age' to instead acknowledge older persons as active holders of enforceable rights. The book argues that a Convention on the Rights of Older Persons is an essential tool in achieving this, but that even without a dedicated treaty there is much to be gained from a human rights-based approach. Significantly, because the issues arising in 'old age' are often the culmination of experiences occurring throughout the life course, a human rights-based approach to elder law must begin with a commitment to human rights for people of all ages.

Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power. Chapters investigate the complex relationship and potential relationships between crowdsourcing, democratic constitutionalism and the network society, exploring the strengths and weaknesses of crowdsourcing in this area. This thought-provoking book concludes that constitutionalism is further strengthened because the democratic legitimacy of the constitutional text is reinforced via this mechanism. Antoni Abat i Ninet conceives constitutional crowdsourcing as an epistemic response, an opportunity to place the people at the heart of constitutionalism in the new digital era. Engaging and accessible, Constitutional Crowdsourcing will be of benefit to students and scholars of legal theory, constitutional and administrative law, political science and constitutions. Its forward-looking aspect will also appeal to public officers seeking a better understanding of the potential impact of constitutional crowdfunding.

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""Mixed Race America and the Law" is...a provocative introduction to racial mixture and the law."
-- "Journal of Ethnic History"

"The first work of its type. . . It offers a wide selection of material, almost all of it thoughtful and provocative>"
-- "Trial"

"In Mixed Race America and the Law: A Reader, Kevin R. Johnson has edited one of the most important and timely anthologies on the general topic of race mixture and the law."
--"The Law and Politics Book Review"

For the first time in United States history, the Year 2000 census allowed people to check more than one box to identify their race. This new way of gathering data and characterizing race and ethnicity reflects important changes in how racial identity is understood in America. Besides acknowledging the presence of mixed race citizens, this new understanding promises to have major implications for American law and policy.

With this anthology, Kevin R. Johnson brings together ground-breaking scholarship on the mixed race experience in America to examine the impact of law on these citizens. The foundational essays that comprise the collection present the historical, social, and political contexts surrounding the body of law that addresses race while analyzing the implications of multiracialism. Divided into 12 sections, the reader includes an introduction by Johnson and essential essays by contributors such as Garrett Epps, Judith Resnick, Richard Delgado, Ian Haney-LA3pez, Randall Kennedy, and Patricia Hill Collins. Selections address miscegenation, racial classification, interracial adoption, the 2000 census, "passing," and other topics; eachsection includes questions to promote further discussion. This book is an invaluable resource for examining the complexities of racial categories in modern America.

This much revised and expanded edition guides researchers to sources that provide information about the general and specific subjects which form the jurisdiction of the U.S. Government. A tool that correlates legal authorities, principal offices, and financial resources and clarifies their patterns of interaction, the book points out the most appropriate methods and authors for accessing all fields of federal data. Students, teachers, public administrators, policy analysts and citizen activists will find that this easy-to-use guide reliably maps out the jurisdictions of government business and policymaking. This much revised and expanded edition guides researchers to sources that provide information about the general and specific subjects which form the jurisdiction of the U.S. Government. A tool that correlates legal authorities, principal offices, and financial resources and clarifies their patterns of interaction, the book points out the most appropriate methods and authors for accessing all fields of federal data. This research aid translates the universe of public responsibilities into topical categories that chart the structure and functions of the policymaking branches and their various subunits. By helping students, teachers, public administrators, policy analysts, and citizen activists to understand the role of jurisdiction in the business of government, it enables them to develop their own best research strategies.

Anita Whitney was a child of wealth and privilege who became a vocal leftist, early in the twentieth century, became a vocal leftist, supporting radical labor groups such as the Wobblies and helping to organize the Communist Labor Party. In 1919 she was arrested and charged with violating California's recently passed laws banning any speech or activity intended to change the American political and economic systems. The story of the Supreme Court case that grew out of Whitney's conviction, told in full in this book, is also the story of how Americans came to enjoy the most liberal speech laws in the world. In clear and engaging language, noted legal scholar Philippa Strum traces the fateful interactions of Whitney, a descendant of Mayflower Pilgrims; Supreme Court Justice Louis D. Brandeis, a brilliant son of immigrants; the teeming immigrant neighborhoods and left wing labor politics of the early twentieth century; and the lessons some Harvard Law School professors took from World War I-era restrictions onspeech. Though the Supreme Court upheld Whitney's conviction, it included an opinion by Justice Brandeis-joined by Justice Oliver Wendell Holmes, Jr.-that led to adecisive change in the way the Court understood First Amendment free speech protections. Speaking Freely takes us into the discussions behind this dramatic change, as Holmes, Brandeis, Judge Learned Hand, and Harvard Law professors Zechariah Chafee and Felix Frankfurter debate the extent of the First Amendment and the important role of free speech in a democratic society. In Brandeis's opinion, we see this debate distilled in a statement of the value of free speech and the harm that its suppression does to a democracy, along with reflections on the importance of freedom from government control for the founders and the drafters of the First Amendment. Through Whitney v. California and its legacy, Speaking Freely shows how the American approach to speech, differing as it does that of every other country, reflects the nation's unique history. Nothing less than a primer in the history of free speech rights in the US, the book offers a sobering and timely lesson as fear once more raises the specter of repression.

This reference volume will assist the attorney who needs to understand inheritance laws, administration, and probate proceedings in other states and foreign jurisdictions. Among the areas covered are rights of intestacy, rights of pretermitted and posthumous children, and rights of election by surviving spouses. The book also addresses problems inherent in probate, administration, and kinship proceedings and furnishes the attorney with a method for gathering the information these proceedings require. Henner also highlights Western European estate tax treaties and their interaction with the laws of the United States, thus providing a rudimentary foundation for understanding the conflict of laws. He also provides commentary on common law, community property, administrative duties, etc. Finally, the volume contains organizational charts and informational data sheets, as well as a directory of bar associations.

This remarkable book covers the impact of human rights on intellectual property law in the most comprehensive review ever undertaken. It is destined to influence the future development of this field and constitutes an essential resource for both scholars and practitioners.' - Jerome H. Reichman, Duke University School of Law, US'Professor Geiger has assembled an extraordinary group of leading legal scholars, human rights lawyers, judges, and international civil servants to provide comprehensive, up-to-the-minute coverage of all the major issues implicated by the interaction between human rights and intellectual property. This volume will be required reading for anyone interested in this increasingly important topic.' - Beebe Barton, New York University School of Law, US 'Intellectual property law draws boundaries around human creativity. In doing so it intersects with the principles and values of the human rights tradition. In this remarkable volume, Professor Christophe Geiger has brought together a great team of scholars to explore this intersection. The result is a Research Handbook that is comprehensive in its coverage of jurisdictions, issues and debates. It is an indispensable starting point for researchers wishing to understand the field and its many topics.' - Peter Drahos, Australian National University and Queen Mary University of London, UK Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world renown, the book explores the practical and doctrinal implications of human rights considerations on intellectual property law and jurisprudence. The various chapters of the book scrutinize issues related to interactions among and between norms of different legal families and the role of human rights in the development of a balanced intellectual property legal framework. The innovative approach of the book is reflected in its structure: the first part provides a foundation for the human rights and intellectual property discourse; the second sheds light on the human rights implications for the development of intellectual property; and the third (characterized by a human rights perspective) is devoted to the specific issues of interaction between human rights and intellectual property. Exploring in depth a variety of interactions between human rights and intellectual property law, the book will be of great interest to academics and experts working within human rights, intellectual property, development, international relations and international public law. Contributors include: A. Abdel-Latif, T. Aplin, C. Avila Plaza, D.B. Barbosa, A.Brown, C. Chiarolla, J. Christoffersen, C.M. Correa, T. Dreier, P. Ducoulombier, L.Falcon, S. Farran, S. Frankel, D. Gangjee, M. Ganzhorn, C. Geiger, D. Gervais, G. Ghidini, J. Griffiths, H. Grosse Ruse-Khan, L.R. Helfer, P. von Kapff, A. Kupzok, J.D. Lipton, D. Matthews, T. Mylly, A. Peukert, A. Plomer, J.M. Samuels, M. Senftleben, X. Seuba, C. Sganga, R. Smith, A. Stazi, T. Takenaka, C. Trautmann, D. Voorhoof, C. Waelde, H. Wager, J. Watal, G. Westkamp, P.K. Yu

Affirmative action can generally be described as preferential treatment for minorities and women in jobs, educational opportunities, and receipt of other benefits. However, its origin and meaning remain relatively obscure. This study is designed to provide clarity and to strengthen the position of affirmative action amidst the controversy that surrounds it. Under attack across the nation, affirmative action is at a nadir. Gray contends that the grounds for defending affirmative action are based in ideas of social justice and can be found in the writings of philosophers, polemicists, and judges. One can organize these ideas according to four modes of thought which allow exhaustive treatment of the subject.

Each mode of thought is concisely explained and then developed through the analysis of current philosophical thought; next, it is applied to the case law. This study boldly defines affirmative action as part of the quest for social justice. It takes affirmative action away from the tort law of causation by going as far back as Aristotle to show that private corrective justice is not an apt model for affirmative action. Gray concludes that such action is best promoted by the voices of diversity and rhetoric. Thus, dialogue and debate remain the best support for affirmative action.

In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.