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.

The Judicial System: A Reference Handbook provides an authoritative and accessible one-stop resource for understanding the U.S. judicial system and its place in the fabric of American government and society. The American judicial system plays a central role in setting and enforcing the legal rules under which the people of the United States live. U.S. courts and laws, though, are complex and often criticized for bias and other alleged shortcomings, The U.S. Supreme Court has emerged as a particular focal point of political partisanship and controversy, both in terms of the legal decisions it hands down and the makeup of its membership. Like other books in the Contemporary World Issues series, this volume comprises seven chapters. Chapter 1 presents the origins, development, and current characteristics of the American judicial system. Chapter 2 discusses problems and controversies orbiting around the U.S. justice system today. Chapter 3 features a wide-ranging collection of essays that examine and illuminate various aspects of the judicial system. Chapter 4 profiles influential organizations and people related to the justice system, and Chapter 5 offers relevant data and documents about U.S. courts. Chapter 6 is composed of an annotated list of important resources, while Chapter 7 offers a useful chronology of events. Explains the responsibilities and authority of the United States' many different types of courts and how they fit together Explores major controversies surrounding the U.S. judicial system, including politicization of the courts and bias in the criminal justice system Provides wide-ranging perspectives on the judicial system from reformers, court employees, and scholars Provides a comprehensive annotated list of resources for further reading and research

Since the 2003 U.S. led invasion of Iraq, the private military sector has seen the largest growth of profit for decades. As Iraq continues to be the focal point of private military clients, staff and related actors, the recurring issue of legitimacy must be addressed. While many texts focus only on existing or proposed legislation, this book analyses the public perception of private military companies (PMCs) and, of wider significance, how their use by states affects how the general public perceives state legitimacy of monopolizing force. Furthermore, this book provides a timely overview of how the energy sector and PMCs are challenging the established sovereignty of politically fragmented oil states, illustrating how energy firms may become as culpable as states in their partnerships with the private military sector and subsequent political ramifications.

Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here in original contributions that look thematically at issues from a general perspective, with special attention on how they have been treated in East Asian jurisdictions.The authors - leading comparativists from around the world - illuminate material from Asian jurisdictions on matters such as freedom of religion, constitutional courts, property rights, emergency regimes and the drafting process of constitutions. Together they present a picture of a region that is grappling with complex constitutional issues and is engaged with developments in the rest of the world, while at the same time pursuing distinctive local solutions that deserve close attention. This unique scholarly study will prove an important research tool for Asian scholars, constitutional lawyers within Asia and comparative constitutional scholars around the world. Contributors: T. Allen, J. Blount, J.A. Cheibub, S. Choudhry, R. Chowdhry, M. Clark, R. Dixon, T. Ginsburg, R. Hirschl, M. Khosla, F. Limongi, K. O'Regan, V.V. Ramraj, C. Saunders, A. Stone, M. Tushnet

This book includes guiding cases of the Supreme People's Court, cases deliberated on by the Judicial Committee of the Supreme People's Court and cases discussed at the Joint Meeting of Presiding Judges from various tribunals. This book is divided into three sections, including "Cases by Justices", "Cases at Judicial Committee" and "Typical Cases", which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear and accurate manner. This book presents cases selected by the trial departments of the Supreme People's Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People's Court, and to achieve the goal of "serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities , serving the rule of law in China", the China Institute of Applied Jurisprudence, with the approval of the Supreme People's Court, opts to publish "Selected Cases from the Supreme People's Court of the People's Republic of China" in both Chinese and English, for domestic and overseas distribution.

This book explores some of the conceptual questions that underpin the legal disputes which arise in relation to equality and discrimination. Among these questions are: the meaning of 'equality' as a legal concept and its relationship to the principle of non-discrimination * symmetrical and asymmetrical approaches to equality/non-discrimination * the role of comparators in discrimination/equality analysis * the selection of protected characteristics and the proper sphere of statutory and constitutional protections * the scope for and regulation of potential conflicts between protected grounds. The book engages with domestic, European Union, and European Convention on Human Rights case law, as well as with wider international approaches. It also addresses a number of contemporary issues for discrimination/equality law, including the problem of racial profiling and the regulation of multiple discrimination. This is an interesting study for all those working in the fields of discrimination and human rights. (Series: Human Rights Law in Perspective)

"Choice" Outstanding Academic Title 2003

.,."A thorough summary of the trajectory of current case law on the legal regulation of U.S. citizens' intimate lives. . . . A valuable introduction to increasingly important and salient legal questions about the constitutional limits on the state's ability to shape intimate lives in the United States."
--" Political Science Quarterly"

.,."A worthy assessment of the law of intimate association and personal decision-making. For those intrigued by the Court's human side, Ball provides a sufficient glimpse without raising the curtain on its realm of privacy that the justices have strived to protect.
-- "Trial"

"Despite the controversial content of many of the cases, Mr. Ball maintains an air of bemused detachment and does not openly take sides. This is not a polemic. With few exceptions, the prevailing tone is light and scholarly. The goal is to illuminate, not to persuade."
--"New York Law Journal"

"In this truly fascinating and spellbinding work, Ball tells many tales."
-- "Choice"

Personal rights, such as the right to procreate--or not--and the right to die generate endless debate. This book maps out the legal, political, and ethical issues swirling around personal rights. Howard Ball shows how the Supreme Court has grappled with the right to reproduce and to abort, and takes on the issue of auto-euthanasia and assisted suicide, from Karen Ann Quinlan through Kevorkian and just recently to the Florida case of the woman who was paralyzed by a gunshot from her mother and who had the plug pulled on herself.

For the last half of the twentieth century, the justices of the Supreme Court have had to wrestle with newand difficult life and death questions for them as well as for doctors and their patients, medical ethicists, sociologists, medical practitioners, clergy, philosophers, law makers, and judges. The Supreme Court in the Intimate Lives of Americans offers a look at these issues as they emerged and examines the manner in which the men and women of the U.S. Supreme Court addressed them.

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.

Asian countries possess some of the fastest growing economies in the modern world. To maintain this tremendous growth while also sustaining demographic, population, health, and quality of life standards, leaders must take careful stock of past accomplishments and their plans for the future. Trends, Prospects, and Challenges in Asian E-Governance addresses some of the ongoing struggles of fast-developing nations such as China, India, and Indonesia within the context of electronic government, illustrating how digital tools can assist developing nations in maintaining their prospects for future growth and expansion. Employing real-world case studies as well as ongoing research on the growing potential of these Eastern nations, this book serves as a useful reference for government officials, policymakers, and students of public policy in Asia and Oceania.

Title 7 presents regulations governing the Office of the Secretary of Agriculture and forty subordinate departments and agencies. Regulated activities include: marketing services, food and consumer services, crop insurance, plant and animal inspection, agricultural research, natural resources, etc. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.

The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.

Every year, thousands of people seek asylum in the United States because they have been persecuted in other countries due to their race, religion, nationality, social group, or political opinion. In seeking refuge and protection, these immigrants must rely on the American court system to help them achieve safety from the great harm they have suffered.

In her unique and compelling judicial memoir, Susan Yarbrough, a former US immigration judge, highlights five significant asylum cases that she heard and decided during almost eighteen years on the benchcases that profoundly changed her not only as a judge, but also as a person.

Yarbrough recounts heartrending testimony described against the background of the countries in which the persecution took place, following each account with personal reflections on how she was emotionally and spiritually transformed by each person who testified. From Josue Maldonado, persecuted in El Salvador because of his religion, to Daniel Quetzal, an Indian from Guatemala who was tied naked to a pole and tortured because of his political opinion, the cases that the author shares provide an unforgettable glimpse into the lives of courageous people who risked everything for peace and freedom in the United States.

Bench-Pressed is the story of five asylum seekers and the judge who was irrevocably changed by the intersection of her life with theirs.

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aA must-read for anyone interested in the intersection of law and politics. . . . [Hasenas] is an important framework against which election law scholars will react and upon which they will build for some time to come.a
--"Michigan Law Review"

"Hasen wrote this concise but substantive volume to assess the history, at least since 1901, of the Supreme Court's intervention in the political process."
--"The Law and Politics Book Review"

"A major contribution to the field of election law."
--Thomas E. Mann, The Brookings Institution

In the first comprehensive study of election law since the Supreme Court decided "Bush v. Gore," Richard L. Hasen rethinks the Court's role in regulating elections. Drawing on the case files of the Warren, Burger, and Rehnquist courts, Hasen roots the Court's intervention in political process cases to the landmark 1962 case, Baker v. Carr. The case opened the courts to a variety of election law disputes, to the point that the courts now control and direct major aspects of the American electoral process.

The Supreme Court does have a crucial role to play in protecting a socially constructed "core" of political equality principles, contends Hasen, but it should leave contested questions of political equality to the political process itself. Under this standard, many of the Court's most important election law cases from Baker to Bush have been wrongly decided.

Wysong analyzes the nature and extent of the involvement of seven major health and safety professional organizations in the development of the most significant national reform effort in occupational health policy since the OSA Act of 1970: The High Risk Occupational Disease Notification and Prevention Act. The professions have long been a focus of study in sociology; however, this is the first book to examine how the interests and involvement of health professionals' organizations on a national health policy issue are linked to external interests and dynamic contextual factors. By illuminating how professional societies' policy choices are embedded within and shaped by economic and political contexts, Wysong refines prevailing new class interpretations of professionals' interests where policy reforms are concerned. This book should be of particular concern to scholars and researchers involved with medical sociology, the sociology of work, complex organizations, social change, and occupational health policy.

This book offers a multidisciplinary treatment of targeting. It is intended for use by the military, government legal advisers and academics. The book is suitable for use in both military training and educational programs and in Bachelor and Master degree level courses on such topics as War Studies and Strategic Studies. The book first explores the context of targeting, its evolution and the current targeting process and characteristics. An overview of the legal and ethical constraints on targeting as an operational process follows. It concludes by surveying contemporary issues in targeting such as the potential advent of autonomous weapon systems, 'non-kinetic' targeting, targeting in multinational military operations and leadership decapitation in counter-terrorism operations. The deep practical experience and academic background of the contributors ensures comprehensive treatment of current targeting and use of force issues. Paul Ducheine is Professor for Cyber Operations and Cyber Security, Netherlands Defence Academy, Breda, The Netherlands; and Professor of Law of Military Cyber Operations and Cyber Security at the University of Amsterdam, The Netherlands. Michael Schmitt is Charles H. Stockton Professor & Director, Stockton Center for the Study of International Law, U.S. Naval War College, Newport, Rhode Island, and Professor of Public International Law, University of Exeter, UK. Frans Osinga is Chair of the War Studies Department, Netherlands Defence Academy, Breda, The Netherlands, and Professor of Military Operational Art and Sciences.

In six lectures, Aiken compares the constitutions of Great Britain and the United States and also examines their similarities and differences in terms of government, (The House of Commons and the House of Representatives, the Senate and the House of Lords), religion, slavery, elections, the judiciary and other topics. "The author's design was to compare our limited monarchy with the greatest modern republic, not in order to disparage either, but to elucidate both to a popular audience of his countrymen (...) The subject has an intrinsic claim to attention. It embraces a variety of topics, both entertaining and important, and historical truths of immense practical value, concerning which the people are deeply interested and too often misled." --(Preface, viii Contents: Lecture One: Introductory Lecture Two: Provincial Institutions. Outline of American Constitution. Lecture Three: Elective Franchise. Legislative Assemblies. Lecture Four: The Executive Power. Lecture Five: Law-Religion. Lecture Six: Social Influence of Political Institutions. Peter Freeland Aiken (1799?-1877) was a Scottish advocate for some time, and later moved to Bristol, England. He was the author of The People's Charter, and Old England For Ever (1839) and War: Religiously, Morally and Historically Considered (1850).

The book considers the changes which national sovereignty has undergone through the supranational European integration. In various contributions by renowned academics and high judges demonstrate the serious impacts of supranationality on the EU member states and even on third countries which are connected with the EU by international treaties. It becomes clear that primacy of EU law, the most significant expression of supra-nationality, collides with national sovereignty as anchored in the national constitutions. The studies clearly show that most member states do not fully deny EU law primacy but are aware of the need to find an adequate balance between the supranational and the national orders. The result from the analyses of the authors from various European countries is that the upcoming constitutional paradigm is "constitutional identity", a concept established by jurisprudence in Germany, France, Czech Republic (without being named so) and debated also in Poland which, herself, denies supranational impact on the national Constitution entirely. Studies on selected EU member states clarify the specific national approaches towards the limitations of their sovereignty as developed by the constitutional jurisprudence (Poland, Czech Republic, Hungary, Romania, Italy, Germany with comparative references to United Kingdom and France). It is illuminated that traditionally strong sovereignty concepts (UK, France) are considerably relativized and functionally opened towards the integration challenges. Basic issues are furthermore reflected, such as the supranational impact on the State's power to reform its Constitution, the relation of national and constitutional identity and the national and supranational perspectives of identity. The book also includes Europe beyond the EU by research on the supranational character of association treaties (from a Ukrainian perspective) and on the Europeanization of a third country preparing EU membership (Albania).

In recent years, some have asked "Are we all originalists now?" and many have assumed that originalists have a monopoly on concern for fidelity in constitutional interpretation. In Fidelity to Our Imperfect Constitution, James Fleming rejects originalisms-whether old or new, concrete or abstract, living or dead. Instead, he defends what Ronald Dworkin called a "moral reading" of the United States Constitution, or a "philosophic approach" to constitutional interpretation. He refers to conceptions of the Constitution as embodying abstract moral and political principles-not codifying concrete historical rules or practices-and of interpretation of those principles as requiring normative judgments about how they are best understood-not merely historical research to discover relatively specific original meanings. Through examining the spectacular concessions that originalists have made to their critics, he shows the extent to which even they acknowledge the need to make normative judgments in constitutional interpretation. Fleming argues that fidelity in interpreting the Constitution as written requires a moral reading or philosophic approach. Fidelity commits us to honoring our aspirational principles, not following the relatively specific original meanings (or original expected applications) of the founders. Originalists would enshrine an imperfect Constitution that does not deserve our fidelity. Only a moral reading or philosophic approach, which aspires to interpret our imperfect Constitution so as to make it the best it can be, gives us hope of interpreting it in a manner that may deserve our fidelity.