An expert examination of U.S. immigration law and its various reforms from 1965 to the present. U.S. Immigration: A Reference Handbook is an authoritative, timely, and balanced review of immigration law in the United States. This title ranges from the "Kennedy" law of 1965 to the recent restructuring of the Immigration and Naturalization Service as a part of the creation of the new Department of Homeland Security. The work offers a clear look at historic and ongoing immigration problems in the United States and the reforms enacted to address them. It provides insightful summaries of key statutes and landmark court cases, as well as biographical profiles of the principal players in U.S. immigration policy. Coverage includes problems within our borders such as legal and political attempts to control illegal immigration, to global concerns including terrorism, epidemics, and economic and trade issues. Provides biographical sketches of both governmental and nongovernmental figures involved in U.S. immigration policy reform such as Doris Meissner and Lydio Tomasi Summarizes every key U.S. law and court decision concerning immigration since 1965 including the Immigration Acts of 1990 and 1996 as well as the Immigration Reform and Control Act of 1986

Focusing on the lived experience of immigration policy and processes, this volume provides fascinating insights into the deportation process as it is felt and understood by those subjected to it. The author presents a rich and innovative ethnography of deportation and deportability experienced by migrants convicted of criminal offenses in England and Wales. The unique perspectives developed here - on due process in immigration appeals, migrant surveillance and control, social relations and sense of self, and compliance and resistance - are important for broader understandings of border control policy and human rights.

This edited book focuses on the most controversial aspects of assistance benefits as mandated by the Brazilian Constitution of 1988 - and the challenges that have merged since the approval, in 1993, of the Federal Act 8.742, also known as Organic Law of Social Assistance. This collection of essays allows the reader to understand some important changes in social assistance policies in Brazil in recent years, having the General Theory of Social Security and the Human Rights as references. The tensions between economic principles and affirmative policies for the less advantaged parts of the society are also covered, showing how different interpretations of key concepts - like need, poverty or family - may have an important role on the exercise of fundamental rights.

Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan?
The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success.
The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.

This book seeks to enrich and refine global administrative law and EU administrative law analytical tools by examining their manifold relations. Its aim is to begin to explore the complex reality of the interactions between EU administrative law and global administrative law, to provide a preliminary map of such legal and institutional reality, and to review it. The book is the first attempt to analyze a dense area of new legal issues. The first part of the book contains core elements of a general theory of the relationships between global and EU administrative law: comparative inquiries, exchanges of legal principles, and developing linkages. The second part is devoted to special regulatory regimes, in which global and European law coexist, though not always peacefully. Several sectors are considered: cultural heritage, medicines, climate change, antitrust, accounting and auditing, banking supervision, and public procurement.

This work examines all the aspects of the Full Faith and Credit Clause and its importance in the development of United States law. It begins with the birth of the clause and the history underlying its adoption. This includes discussions held at the Constitutional Convention and the early judicial interpretations of the clause. The book looks separately at the individual components that embody the clause--those that deal with records, public acts, and judicial proceedings. The book also zeroes in on the relationship between the clause and the issues of family law. It covers marriage, divorce, support, and child custody, all issues that have demanded serious attention in recent years.

"Well-written, concise and comprehensive.... should be welcomed with gratitude by everyone interested in drafting a better understanding of the role of judicial review in the American political system". -- Law Books in Review

This is the first reference series that makes understanding civil liberties and constitutional law completely accessible to the layperson. The author expertly guides readers through actual cases decided by the Supreme Court in four key areas of the U.S. Constitution. Each volume features an overview of court decisions by both the agreeing and dissenting justices, plus
-- a glossary of legal terms
-- a thorough, research-oriented index
-- a copy of the U.S. Constitution
-- publications recommended for further reading

Although social legislation in the United States is always in the tradition of social reform rather than fundamental social change, the 1960s are considered a progressive period because of the union of government and societal obligations; class consciousness was aroused, and the redistribution of power and resources were salient issues. In Civil Rights and the Social Programs of the 1960s, Marcia Bok describes the background, analyzes the process of decision making, and traces the passage of selected landmark decisions of the 1960s. She tracks the changes that have occurred in this legislation in the last two decades, and discusses the current and possible future status of social policies and programs.

The legislation examined is chosen for its diversity and reflection of Great Society programs, and includes: The Civil Rights Act, 1964; The Community Mental Health Centers Act, 1963; The Economic Opportunity Act, 1964; Medicare and Medicaid, 1965; and Head Start, 1965. Bok considers the concepts of equality and social justice as the bases for the social legislation discussed, and includes analysis of historical, political, and legal aspects of the civil rights movement and concurrent events.

The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law-making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.

Constitutional theory, Earl Maltz argues, has reached a critical impasse marked by a largely unproductive stalemate between originalists and nonoriginalists regarding the proper role of judicial review. It's time, he says, for both sides to rethink their positions if any hope for a more viable model of judicial review is to be realized. This book is his answer to the dilemma.

Maltz reorients the debate between originalists (those who believe that judges should be bound by the original understanding in constitutional adjudication) and nonoriginalists (those who believe the original understanding should not be binding). Advocates of both sides, he shows, generally proceed from three misguided premises: that originalism is linked to both judicial deference and political conservatism; that originalism is the sole alternative to some less deferential approach to judicial review; and that the question of "legitimacy" is the central unresolved issue facing nonoriginalist theorists. This book challenges each of these premises.

Maltz's contribution is threefold. First, going beyond the influential writings of authors such as Raoul Berger and Robert Bork, he reformulates the justification for originalist review and refines originalist theory itself. Second, he argues that a pure originalist approach mandates excessive judicial intervention under the Constitution; as he points out, the same argument that justifies interventionism in individual rights cases might also require the court to limit sharply the power of the federal government to regulate the economy. Third, he shows that--even leaving aside problems of legitimacy--most nonoriginalist theorists have failed to provide a sufficient functional justification for nonoriginalist intervention.

Rejecting the extreme arguments of today's debates, the author examines what the framers of the Constitution actually said about religious freedom The debate over the framers' concept of freedom of religion has become heated and divisive. This scrupulously researched book sets aside the half-truths, omissions, and partisan arguments, and instead focuses on the actual writings and actions of Washington, Adams, Jefferson, Madison, and others. Legal scholar Michael I. Meyerson investigates how the framers of the Constitution envisioned religious freedom and how they intended it to operate in the new republic. Endowed by Our Creator shows that the framers understood that the American government should not acknowledge religion in a way that favors any particular creed or denomination. Nevertheless, the framers believed that religion could instill virtue and help to unify a diverse nation. They created a spiritual public vocabulary, one that could communicate to all-including agnostics and atheists-that they were valued members of the political community. Through their writings and their decisions, the framers affirmed that respect for religious differences is a fundamental American value. Now it is for us, Meyerson concludes, to determine whether religion will be used to alienate and divide or to inspire and unify our religiously diverse nation.

This up-to-date collection of essays addresses key elements of the law and politics of voting rights: the Supreme Court's jurisprudence, the impact of the Voting Rights Act, and the opportunities for enhanced minority representation posed by alternative electoral systems. This volume, comprised of contributions by leading legal and political science practitioners in the field of voting rights, will be a valuable resource to experienced researchers and newcomers to the field. It includes current assessments of the intricacies of the Supreme Court's decisions, current research on the impact of the the Voting Rights Act on the various minority groups it purports to assist, and critical analysis of the use of alternative electoral systems.

Based on empirical investigation and an interdisciplinary approach, this book offers a crucial theoretical work on China's basic-level judicial system and a masterpiece by Professor Suli Zhu, a prominent jurist on modern China. Its primary goal is to identify issues - ones that can only be effectively sensed and raised by China's jurists because of their unique circumstances and cultural background - that are of practical significance in China's basic-level judicial system, and of theoretical significance to juristic systems in general. Divided into four parts, the book begins with a discussion of the systematic and theoretical problems in China's basic-level judicial system at the macro-, meso- and micro- scale. In the second part, it examines the technology and knowledge to be found in the basic-level judicial system, so as to make the traditionally "invisible" technology and knowledge of trial judges available for general theoretical analyses. The third part focuses on the judge and other legal personnel in the judicial system, while the last part discusses the value of legal sociology surveys as powerful resources. This book not only presents essential features of China's judicial system by precisely describing key issues in its basic-level judicial system, but also offers well-founded content that accentuates the significance of social management innovation.

Students learn about the Establishment Clause and the Free Exercise Clause of the First Amendment and discover how just 16 words in the U.S. Constitution inaugurated a debate that continues to this day. The author objectively follows the debate in relation to prayer in public schools, government support for religious schools, the right to speak and raise money for religious causes, when religion conflicts with the law, and where this issue stands today.

Civil Rights in American Law, History, and Politics charts the ambiguous and contested meanings of civil rights in law and culture and confronts important questions about race in contemporary America. How important is civil rights in America's story of possibility and change? How has it transformed the very meaning of citizenship and identity in American culture? Why does the subject of race continue to haunt the American imagination and play such a large role in political and legal debates? Do affirmative action and multiculturalism promise a way out of racial polarization, or do they sharpen and deepen it? Are there new and better ways to frame our commitment to equal justice? This book brings together the work of five distinguished scholars to critically assess the place of civil rights in the American story. It offers different ways of talking about civil rights and frames through which we can address issues of civil rights in the future.

Many of the most controversial areas of reform initiated by the Lisbon Treaty were not negotiated in the Treaty itself, but left to be resolved during its implementation. Since the Treaty's entry into force, the implementation process has already had a profound impact on many areas of EU law and policy, and consolidated new areas of power, such as over foreign investment. This collection gathers leading specialists in the field to analyse the Treaty's implementation and the directions of legal reform post-Lisbon. Drawing on a range of expertise to assess and comment on the Treaty, the contributors include both academics and practitioners involved in negotiating and implementing the Treaty. Focusing on the central issues and changes resulting from the Lisbon Treaty, the contributors examine the Treaty in the broader background of how the EU, and EU law in particular, has been developing in recent years and provide a contextual understanding of the future direction of EU law in the post-Lisbon era.

'The authors breathe new life into this complex, recondite branch of the law. An illuminating and penetrating study of an ancient remedy whose importance endures - and even increases.' - Raymond Wacks, University of Hong Kong This concise yet detailed book explores the historical foundations and modern developments of the ancient doctrine of breach of confidence. The authors show that despite its humble beginnings, stilted development and air of quaintness the doctrine has modern relevance and influence, its sense of 'trust and confidence' still resonating with the information society of today. Topical chapters include, 'Inventing an equitable doctrine', 'Privacy and publicity in early Victorian Britain', 'Searching for balance in the employment relationship', as well as many others. Breach of Confidence will make insightful reading for all those interested in issues of privacy and information, and will appeal strongly to practicing lawyers and judges as well as academic researchers and postgraduate law students.

This examination of the Freedom of Information Act (FOIA) traces the American origins of the belief that the citizens of a democracy have a natural right to know about the workings of their government. The issue began in the colonies and came to a head in the 1950s when escalating government secrecy led the press to demand open government. Declaring that the public business is the public's business, a series of crusading newspaper editors aroused public support for the Freedom of Information Act which was passed in 1966.

The book features in-depth interviews with the architects of the FOIA, the FOIA staff in the major federal agencies, and the most prominent FOIA users throughout the country. The concluding chapter examines current impediments to the full realization of the people's right to know.

Increasingly, state regulations are implemented and exercised by the administrative discretion of state bureaucracies. This increased rulemaking activity threatens to rival, or even replace, state legislatures as the principal source of new laws emanating from state government. To combat this, state legislatures now routinely seek to regain their preeminence as lawmakers by overseeing administrative rulemaking authority. This oversight is frequently conducted through a process known as rules review. The process, a systematic form of legislative oversight, encourages the responsible exercise of rulemaking authority by requiring legislative scrutiny of proposed regulations prior to final adoption by the issuing agency. "Regulating the RegulatorS" presents an introduction to rules review. James R. Bowers examines this process through an in depth case study of the Illinois General Assembly.

Regulating the Regulators presents an introduction to this important and widely used method of oversight by state legislatures. The author poses three basic questions about rules review that previous works have not asked: Why is a state legislature likely to incorporate rules reviews in its oversight arsenal? What is the substance and nature of rules review likely to be? What factors are likely to contribute to agency responsiveness to rules review? These questions are examined through an in depth case study of the rules review process in the Illinois General Assembly. From this case study, Regulating the Regulator develops a number of analytic generalizations upon which future research and a more general understanding of rules review can be built. Students of both legislative an administrative process, as well as state legislators and state level public administrators, will find "Regulating the RegulatorS" a valuable source of information. This book is particularly well-suited for upper-level undergraduate and graduate courses in state governement and politics, administrative process, regulatory politics, and administrative theory.

This book will systematically examine how Supreme Court detainee cases have been implemented over time with an emphasis on the role of the president in this process. More specifically, it will test the hypothesis that an active, energetic executive branch has the ability to powerfully shape the implementation process of judicial decisions in a policy area it has deemed important. It concludes that the President, though just one of many actors in the implementation process, wields considerable influence and has a variety of tools that can be used to shape the manner in which judicial decisions are implemented and achieve his policy goals. It also explores why presidents seem to have the upper hand in the implementation process when compared with the power and influence of Congress and the courts.

This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.

Renmin Chinese Law Review, Volume 7 is the seventh work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China. Volume 7 delivers new insights into a wide range of topics including compulsory commercial insurance systems, injurious acts in competitive sports, the trust mechanism in private law, and justification on local rule of law. Distinguished contributors also consider the regulation of performance requirements, the mode of criminal proof, and the meaning of silence in civil and commercial interactions as well as a number of other pertinent developments in Chinese law. Containing a diverse and contemporary collection of work, this study will appeal to academics and governmental professionals working in the fields of Chinese law, society, and politics in addition to members of diplomatic communities. Contributors include: G. Chen, M. Gu, L. Han, Y. Jin, Q. Liu, W. Luo, F. Ni, Y. Qian, Y. Shi, G. Sun, R. Sun, L. Wang, H. Xu