Adequate and fair asylum procedures are a precondition for the effective exercise of rights granted to asylum applicants, in particular the prohibition of refoulement. In 1999 the EU Member States decided to work towards a Common European Asylum System. In this context the Procedures Directive was adopted in 2005 and recast in 2013. This directive provides for important procedural guarantees for asylum applicants, but also leaves much discretion to the EU Member States to design their own asylum procedures. This book examines the meaning of the EU right to an effective remedy in terms of the legality and interpretation of the Procedures Directive in regard to several key aspects of asylum procedure: the right to remain on the territory of the Member State, the right to be heard, the standard and burden of proof and evidentiary assessment, judicial review and the use of secret evidence.

Governing Sexuality explores issues of sexual citizenship and law reform in the United Kingdom and Continental Europe today. Across western and eastern Europe,lesbians and gay men are increasingly making claims for equal status, grounded in the language of rights and citizenship, and using the language of international human rights and European law. This book uses same sex sexualities as a prism through which to explore broader questions of legal and political theory concerning democratic legitimacy; rights discourse; national sovereignty and identity; citizenship; transnationalism; and globalisation. Case studies are widely drawn: from New Labour's sexual politics in the UK to the decriminalisation of same-sex sexualities under pressure from the EU in Romania; to new civil solidarity laws in France.

The constitutional entrenchment and protection of property rights has always been a difficult and controversial issue. This text is more than a collection of cases on constitutional property law, it is an in-depth comparison of constitutional property clauses in jurisdictions around the world. The book consists of three parts: the first chapter contains a general discussion of comparative, theoretical, and analytical issues. The second part consists of 18 chapters on jurisdictions where the property clause has generated substantial case law and jurisprudence, meriting extensive analysis and discussion. Among the countries discussed are Australia, Japan, Canada, Germany, Switzerland and South Africa. For easy reference the structure of these country-by-country chapters is identical. These chapters not only contain practical, useful legal information but also a normative interpretation of constitutional property clauses in their national and international context. The third and final part of the book contains a collection of 86 property clauses from jurisdictions not included in the country reports. The focus of the book is on comparison, and cross-references assist the reader in finding related cases and issues in other jurisdictions.

How effective is judicial review in securing compliance with administrative law? This book presents an empirically-based study of the influence of judicial review on government agencies. In doing so, it explores judicial review from a regulatory perspective and uses the insights of the regulation literature to reflect on the capacity of judicial review to modify government behavior. On the basis of extensive research with heavily litigated government agencies, the book develops a framework for analyzing and researching the regulatory capacity of judicial review. Combining empirical and legal analysis, it describes the conditions which must exist to maximize judicial review's capacity to secure compliance with administrative law.

In this study of literature and law from the Constitutional founding through the Civil War, Hoang Gia Phan demonstrates how American citizenship and civic culture were profoundly transformed by the racialized material histories of free, enslaved, and indentured labor. Bonds of Citizenship illuminates the historical tensions between the legal paradigms of citizenship and contract, and in the emergence of free labor ideology in American culture. Phan argues that in the age of Emancipation the cultural attributes of free personhood became identified with the legal rights and privileges of the citizen, and that individual freedom thus became identified with the nation-state. He situates the emergence of American citizenship and the American novel within the context of Atlantic slavery and Anglo-American legal culture, placing early American texts by Hector St. John de Crevecoeur, Benjamin Franklin, and Charles Brockden Brown alongside Black Atlantic texts by Ottobah Cugoano and Olaudah Equiano. Beginning with a revisionary reading of the Constitution's "slavery clauses," Phan recovers indentured servitude as a transitional form of labor bondage that helped define the key terms of modern U.S. citizenship: mobility, volition, and contract. Bonds of Citizenship demonstrates how citizenship and civic culture were transformed by antebellum debates over slavery, free labor, and national Union, while analyzing the writings of Frederick Douglass and Herman Melville alongside a wide-ranging archive of lesser-known antebellum legal and literary texts in the context of changing conceptions of constitutionalism, property, and contract. Situated at the nexus of literary criticism, legal studies, and labor history, Bonds of Citizenship challenges the founding fiction of a pro-slavery Constitution central to American letters and legal culture.Hoang Gia Phanis Associate Professor of English at the University of Massachusetts, Amherst.In theAmerica and the Long 19th CenturyseriesAn ALI book

"A voice of reason, wisdom and compassion, Eric Yamamoto brings rich practical experience and analytic insight to the crucial subject of healing and reconciliation between groups divided by histories of oppression and mistreatment. This book is vital reading for anyone interested in creating a just world.
"--Martha Minow, Harvard Law School, Author of Between Vengeance and Forgiveness: Facing History after Genocide"

"A stunningly original and moving work that dramatically expands the national dialogue on race. . . . Yamamoto presents a multidisciplinary, praxis-oriented approach to confronting conflict among communities of color. He provides us with the concepts, the methods, and the language to understand and grapple with the messy nature of reconciliation between racialized groups. His vision of interracial justice is compelling, inspiring, and essential to averting the fire next time."
"--Michael Omi, University of California, Berkeley"

"Remarkable. A must read for all activists."
"--Yuri Kochiyama"

"Yamamoto's analysis offers an important insight: A group can simultaneously be oppressed by others more powerful than it and also oppress others less powerful. . . . A pragmatic model for how interracial justice may someday be real."
"--The Hawaii Herald
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"Inspiring and energizing, disturbing and challenging, informative and inquisitive, "Interracial Justice" is a thoroughly researched, even ground-breaking, tour de force."
"aBerta Esperanza HernAndez-Truyol, St. John's University"

The United States in the twenty-first century will be a nation of so-called minorities. Shifts in the composition of the American populace necessitate a radical change inthe ways we as a nation think about race relations, identity, and racial justice.

Once dominated by black-white relations, discussions of race are increasingly informed by an awareness of strife among nonwhite racial groups. While white influence remains important in nonwhite racial conflict, the time has come for acknowledgment of ways communities of color sometimes clash, and their struggles to heal the resulting wounds and forge strong alliances.

Melding race history, legal theory, theology, social psychology, and anecdotes, Eric K. Yamamoto offers a fresh look at race and responsibility. He tells tales of explosive conflicts and halting conciliatory efforts between African Americans and Korean and Vietnamese immigrant shop owners in Los Angeles and New Orleans. He also paints a fascinating picture of South Africa's controversial Truth and Reconciliation Commission as well as a pathbreaking Asian American apology to Native Hawaiians for complicity in their oppression. An incisive and original work by a highly respected scholar, Interracial Justice greatly advances our understanding of conflict and healing through justice in multiracial America.

Until now the Crown has remained a somewhat elusive concept receiving surprisingly little attention from constitutional lawyers, considering it represents the legal and political structure of the state. During a period of political transformation in the UK, on the one hand being devolved (e.g. the Scottish Parliament) and on the other being absorbed into the European Union, this is a timely book which explores the central power of the state in its legal and political context. This book draws together a unique collection of essays written by experienced academics and practitioners that explores what the Crown is, or might be, in contemporary theory and practice and the critical issues relating to it.

This collection of twenty essays, written by an array of internationally prestigious scholars, is a ground-breaking work which raises serious and profound concerns about the entrenchment of human rights generally and into UK law in particular. This is the only book on the market to take a sceptical approach to recent developments in human rights law. Written throughout in an engaging and accessible style, this book is essential reading for all those with an interest in law or politics.

This 700 page subject index, complete with cross references, helps researchers locate federal regulations applicable to the operations of government departments and agencies of the executive branch. The Parallel Table of Authorities and Rules provides a citation index of the codified promulgated rules in the Code of Federal Regulations. Also included are the 180-page List of CFR Titles, Chapters, Subchapters, and Parts; and the 9-page Alphabetical List of Agencies Appearing in the CFR. Additions and revisions are posted annually by January. Publication follows within six months.

Title 29 presents regulations addressing labor management standards; wages and hours; equal employment; occupational safety; and pension and welfare benefits.

The Supreme Court has final authority in determining what the Constitution means. The Court's findings have not, however, always been final. Lively focuses on several landmark dissenting opinions--resisted initially--later redefining the meaning of the Constitution. Each opinion arises from a rich historical context and involves constitutional issues of pointed significance. Vivid descriptions of some of the colorful personalities behind the opinions add appeal. Lively conveys the evolutionary and dynamic nature of the law demonstrating the relationship between present and past understanding of the Constitution. He describes the competitive nature of constitutional development and identifies the relevance of factors including subjective preference, values, vying theories, and ideologies.

The role of the Court, is addressed as are the federal government's relationship to the states and their citizens; slavery; property rights; substantive due process; freedom of speech; and the right to be left alone. This is a clearly presented and highly instructive consideration of how the Constitution's interpretation has been fashioned over time with important insights relevant to today's Court and contemporary cases.

Of the "four freedoms of movement" embraced in the single European market concept - capital, goods, services and persons - the latter lags far behind in the practical affairs of Member States. In fact, the restrictions on free movement of persons are among the most significant failures of European integration. This practice guide provides a detailed overview and analysis of all EC/EU laws on free movement of persons and European citizenship. It should help practitioners to interpret and apply appropriate legislation, directives, regulations and policy statements to remedy such situations as the following: transfer of unemployment benefits; timely recognition of qualification for employment; transfer of retirement benefits; age limits defining dependents; restrictions on family reunion rights; rights of third country nationals married to EU nationals; and persons dependent on social assistance. In addition to this detailed practical material, "Freedom of Movement of Persons" collects the relevant directives, regulations, court judgements and policy statements dealing with the free movement of persons in the European Union. Between its covers it contains legal analysis, practical guidance and thorough documentation, which should make it a useful work for practitioners in the field.

David Saari provides an extended essay on the nature of freedom in contemporary America, its historical roots, and its present-day manifestations. Drawing on the fields of history, law, politics, business, and philosophy, this wide-ranging study examines three facets of freedom--national freedom, freedom from the state, and freedom within the state--as they have developed in American law, politics, and society. Each of these facets is carefully defined and then applied to such contemporary issues as authority, property, equality, justice, and privacy.

Thomas Curry argues that discussion and interpretation of the First Amendment have reached a point of deep crisis. Historical scholarship dealing with the background and interpretation of the Amendment are at an impasse, says Curry, and judicial interpretation is in a state of disarray. His purpose is to provide a new paradigm for the understanding and exploration of religious liberty. He traces much of the current difficulty to the largely unexamined assumption on the part of judges and scholars that the Amendment created a right - the right to free exercise of religion - and that the courts are the guardians of that right. In fact, however, the First Amendment is above all a limitation on government and a guarantee that the government will not impinge on the religious liberty that citizens already possess by natural right.

This title tracks the development of Justice Thurgood Marshall's rationale and reason regarding Indian law. Drawing from Marshall's career preceding his appointment to the Supreme Court, it is anticipated that Marshall's views In Indian law would be consistent with his previous role as a champion of the disenfranchised in America.

Title 29 presents regulations addressing labor management standards; wages and hours; equal employment; occupational safety; and pension and welfare benefits.

This book, through an analysis of 49,355 high value public procurement contracts awarded between 2004 and 2011, provides systematic evidence on favoritism in public procurement in Turkey. Public procurement is one of the main areas where the government and the private sector interact extensively and is thus open to favoritism and corruption. In Turkey, the new Public Procurement Law, which was drafted with the pull of the EU-IMF-WB nexus, has been amended more than 150 times by the AKP government. In addition to examining favoritism, this book also demonstrates how the legal amendments have increased the use of less competitive procurement methods and discretion in awarding contracts. The results reveal that the AKP majority government has used public procurement as an influential tool both to increase its electoral success, build its own elites and finance politics. The use of public procurement for rent creation and distribution is found to be particularly extensive in the construction and the services sector through the TOKI projects and the Municipal procurements.

This yearbook is a compilation of thematically arranged essays that critically analyseemerging developments, issues, and perspectives across different branches of law. Itconsists of research from scholars around the world with the view that comparativestudy would initiate dialogue on law and legal cultures across jurisdictions. The themesvary from jurisprudence of comparative law and its methodologies to intrinsic detailsof specific laws like memory laws. The sites of the enquiries in different chapters aredifferent legal systems, recent judgements, and aspects of human rights in a comparativeperspective. It comprises seven parts wherein the first part focuses on general themesof comparative law, the second part discusses private law through a comparative lens,and the third, fourth and fifth parts examine aspects of public law with special focuson constitutional law, human rights and economic laws. The sixth part engages withcriminal law and the last part of the book covers recent developments in the field ofcomparative law. This book intends to trigger a discussion on issues of comparativelaw from the vantage point of Global South, not only focusing on the Global North.It examines legal systems of countries from far-east and sub-continent and presentsinsights on their working. It encourages readers to gain a nuanced understanding ofthe working of law, legal systems and legal cultures, adding to existing deliberationson the constituents of an ideal system of law.

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.

Originally published in 1814, this is a reprint of the Yale University Press 1950 edition with an introduction by Roy Franklin Nichols. 562 pp. Taylor wrote this important work in 1814 as a reply to John Adams's Defence of the Constitutions of Government of the United States of America. Unlike Adams, he rejects the concept of "a natural aristocracy" of "paper and patronage" and a federal government based on a system of debt and taxes. He considers the American government to be one of divided powers responsible to the sovereign people alone. Opposed to the extent of power awarded to the executive office, he calls for shorter terms for the president and all elected officers. Charles Beard said this work "deserves to rank among the two or three really historic contributions to political science which have been produced in the United States." JOHN TAYLOR 1753-1824] was known as "John Taylor of Caroline County, Virginia." He served in the Continental Army and later in the Virginia House of Delegates, then served three terms as a member of the United States Senate. He is considered to be one of the nation's greatest philosophers of agrarian liberalism. He was one of the nation's first proponents of states' rights. His works include New Views of the Constitution of the United States (1823), Construction Construed, and Constitutions Vindicated (1820) and A Defence of the Measures of the Administration of Thomas Jefferson. By Curtius (1804), an argument in favor of the achievements of the first Jefferson administration.

Reprint of the rare 1843 edition. Tucker proposes a vigorous defense of states-rights principles in the manner of John Taylor of Caroline. A notably sophisticated argument, it balances detailed analysis of the U.S. Constitution with criticism of Joseph Story, Daniel Webster and other proponents of a powerful Federal government. Henry St. George Tucker 1780-1848] served as U.S. Congressman representing Virginia's 3rd District in the United States House of Representatives from 1815 to 1819. He studied under his father, St. George Tucker (editor of the American edition of Blackstone's Commentaries), at the College of William & Mary, and after he received his law degree, taught there himself. He was later was captain of Cavalry in the War of 1812, President of Virginia's Supreme Court of Appeals, (1831-1841) and, later in life, a prominent Professor of Law at the University of Virginia. He founded the Honor System there. Works that grew out of the classroom include Commentaries on the Laws of Virginia (1836-1837) and the present work. Tucker County, West Virginia, is named in his honor.