Passed in 1873, the Comstock Act banned 'obscene' materials from the mail without defining obscenity, leaving it open to interpretation by courts that were hostile to free speech. Literature that reflected changing attitudes toward sexuality, religion, and social institutions fell victim to the Comstock Act and related state laws. Dr. Edward Bliss Foote became among the earliest individuals convicted under the law after he mailed a brochure on birth-control methods. For the next four decades, Foote Sr. and his son, Dr. Edward Bond Foote, challenged the Comstock Act in Congress, legislatures, and courts and also offered personal assistance to Comstock defendants. This book chronicles the Footes' struggle, examining not just the efforts of these cruising champions of freedom of expression and women's rights, but also the larger issues surrounding free speech and censorship in the Gilded Age of American history.

A significant part of the world's population lives under some sort of federal arrangement. And yet, the concepts of federalism and federation remain under-theorised. Federalist theorists have, for the most part, defined their object by opposition to the unitary state. As a result, they have not developed public law theories that capture the specificity of this type of polity. Bringing together contributions from leading public law theorists and intellectual historians, this volume explores the foundations of federalism. It develops novel perspectives on the core problems of traditional federalist theory and charts new departures in federalist theory and federal power-sharing. At a time when we look for more inclusive ways of ordering public life, the volume fills an urgent theoretical and political need.

"A must read and a breakthrough work ... The book makes clear the importance of comparing, learning from, and adapting legal systems to the ever-changing world, while maintaining the integrity of the Constitution. The subtlety of the book shows deep understanding of these legal regimes, something most legal analysts and policy makers from both systems sorely lack ... a most timely and valuable analysis."- Prof. Christopher L. Blakesley, University of Nevada, Las Vegas, and author of Terrorism and Anti-Terrorism: A Normative and Practical Assessment "A careful and authoritative account of the controversial practice of investigative detention as a tool for responding to terrorism in a post-September 11th world. Informed by an impressive knowledge of American, British, and French law, Stigall's book reflects a distinctive comparative perspective. It deserves to be read not only by scholars and students in the field but also by policy makers on both sides of the Atlantic." - Prof. Stuart P. Green, Rutgers School of Law-Newark "Dan Stigall's analysis highlights the danger of dismissing a comparative approach, for he has most effectively used the British and French experience in discussing detention. While no regime has the answer (an illusion, at best), democratic nations can well learn from each other's successes and failures. Precisely for that reason, policy makers, jurists, and the concerned public owe Dan a collective thanks; in addressing the extraordinarily complicated issue of detention from a comparative perspective, he has truly bitten off a very large bite of a problematic apple. That he has done so is to our benefit; that he has done so successfully is to his credit. While we shall continue to struggle with the limits of detention and what legal paradigm is the "correct" one, we are the richer for Dan's book. It can serve as an effective "guide" as we continue to traverse the never-ending field of terrorism and counterterrorism." - Amos N. Guiora, Professor of Law, S. J. Quinney College of Law, University of Utah

This book discusses whether democracy and republicanism are identical, complementary, or contradicting ideas. The rediscovery of classic republicanism a few decades ago made it clear how profoundly modern notions of democracy had been shaped by the republican tradition. But defining these two concepts remains difficult, and the views diverge widely. The overarching aim of this book is to discuss the extent to which democracy and republicanism are identical, complementary or mutually contradicting ideals / ideas. Pursuing this open approach to the subject means calling into question a widely used formula according to which modern democracy is composed of liberal principles such as individualism, the rule of law and human rights, on the one hand, and of republican principles such as focusing on the common good and popular sovereignty, on the other. This book will appeal to students, researches, and scholars of political science interested in a better understanding of political theory and political history.

This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Courts approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers' duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law scholars to elaborate on 'legisprudence under review', this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation.

In the second part of this two-volume study, Ian Loveland delves deeply into the immediate historical and political context of the Trethowan litigation which began in New South Wales in 1930 and reached the Privy Council two years later. The litigation centred on the efforts of a conservatively-inclined government to prevent a future Labour administration led by the then radical politician Jack Lang abolishing the upper house of the State's legislature by entrenching the existence of the upper house through the legal device of requiring that its abolition be approved by a state-wide referendum. The book carefully examines the immediate political and legal routes of the entrenchment device fashioned by the State's Premier Sir Thomas Bavin and his former law student, colleague and then Dean of the Sydney University law school Sir John Peden, and places the doctrinal arguments advanced in subsequent litigation in the State courts, before the High Court and finally in the Privy Council in the multiple contexts of the personal and policy based disputes which pervaded both the State and national political arenas. In its final chapter, the book draws on insights provided by the detailed study of McCawley (in volume one) and Trethowan to revisit and re-evaluate the respective positions adopted by William Wade and Ivor Jennings as to the capacity of the United Kingdom's Parliament to introduce entrenching legislation which would be upheld by the courts.

Is there a real and meaningful future for EU constitutionalism? This collection explores this question in light of recent challenges to EU constitutional law; namely the pandemic and the political schisms emerging across the European Union. The contributors explore the question through the prism of the five main pillars of EU constitutionalism: the constitutional values, the EU formal constitutional framework, its substance consisting of the EU political and economic constitution, and conclude by looking at the foundational concept of sovereignty (national and European) in a global realm. Drawing on expertise from both 'old' and 'new' Europe, it gives voice to the most fundamental question facing the Union in its second half century.

This book offers an innovative account of Prevent, Britain's counter-radicalisation strategy, situating it as a novel form of power that has played a central role in the production and the policing of contemporary British identity. Drawing on interviews with those at the heart of Prevent's development, the book provides readers with an in-depth history and conceptualisation of the policy. The book demonstrates that Prevent is an ambitious new way of thinking about violence that has led to the creation of a radical new role for the state: tackling vulnerability to radicalisation. Detailing the history of the policy, and the concepts and practices that have been developed within Prevent, this book critically engages with the assumptions on which they are based and the forms of power they mobilise. -- .

At the beginning of the twenty-first century the term 'privacy' gained new prominence around the world, but in the legal arena it is still a concept in 'disarray'. Enclosing it within legal frameworks seems to be a particularly difficult task in the employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different from those taking place in other areas of modern society. This book suggests that these problems can only be addressed by the development of a holistic approach to its protection, an approach that addresses the issue of not only contemporary regulation but also the conceptualization, adjudication, and common (public) perception of employees' privacy. The book draws on a comprehensive analysis of the conceptual as well as regulatory convergences and divergences between European, American and Canadian models of privacy protection, to reconsider the conceptual and normative foundations of the contemporary paradigm of employees' privacy and to elucidate the pillars of a holistic approach to the protection of right to privacy in employment.

How big a problem is torture? Are the right things being done to prevent it? What does the UN do, and why does it appear at times to be so impotent in the face of torture? In this vitally important work, Malcolm D. Evans tells the story of torture prevention under international law, setting out what is really happening in places of detention around the world. Challenging assumptions about torture’s root causes, he calls for what is needed to enable us to be in a better position to bring about change. The author draws on over ten years’ experience as the Chair of the United Nations Sub-Committee for Prevention of Torture to give a frank account of the remarkable capacities of this system, what it has achieved in practice, what it has not been able to achieve – and most importantly, why.

The principle of effective judicial protection ('PEJP') is specifically provided for in the EU Charter of Fundamental Rights Article 47. But how effective is the provision and the protection it affords? This ambitious, innovative project examines that question over two volumes. In the first volume an expert team explores how the Court of Justice of the European Union (CJEU) has interpreted the PEJP, as expressed in particular by Article 47, in selected policy areas, and reflects on the impact of the principle on the EU's constitutional structure. Taking both a horizontal interpretation, analysing the constitutional themes in play, and a vertical one, which looks at the Court's interpretation in specific policy areas, it shows the interplay of the protection within the wider architecture of the EU. Addressing key questions such as legal certainty, judicial autonomy and division of competences, it significantly adds to our understanding of judicial protection within the EU.

In September 2001, the world witnessed the horrific events of 9/11. A great deal has happened on the counterterrorist front in the 20 years since. While the terrorist threat has greatly diminished in Northern Ireland, the events of 9/11 and their aftermath have ushered in a new phase for the rest of the UK with some familiar, but also many novel, characteristics. This ambitious study takes stock of counterterrorism in Britain in this anniversary year. Assessing current challenges, and closely mirroring the 'four Ps' of the official CONTEST counterterrorist strategy - Protect, Prepare, Prevent, and Pursue - it seeks to summarize and grasp the essence of domestic law and policy, without being burdened by excessive technical detail. It also provides a rigorous, context-aware, illuminating, yet concise, accessible, and policy-relevant analysis of this important and controversial subject, grounded in relevant social science, policy studies, and legal scholarship. This book will be an important resource for students and scholars in law and social science, as well as human rights, terrorism, counterterrorism, security, and conflict studies.

The constitutional entrenchment and protection of property rights has always been a difficult and controversial issue. With the introduction of a new, democratic Constitution in 1993, South African lawyers were forced to join the debate on constitutional property, particularly in a setting where restitution and land reform are important goals of the sociopolitical transformation process. Given the situation and the nature of the South African Bill of Rights, it was clear that a comparative study of constitutional property law was necessary. This book started out as a casebook, the idea being to collect the most important cases on constitutional property law from various jurisdictions, but because of the volume of important constitutional property cases from around the world, this idea was abandoned. The result is a book that consists of three parts. The first chapter contains general discussion of comparative, theoretical and analytical issues, and the author explains the way in which the book is structured.;The second part of the book consists of 18 chapters on jurisdictions where the property clause has generated substantial case law, and jurisdictions that merit extensive analysis and discussion. Each of these chapters gives a general introduction, an historical overview if necessary, an analysis of the relevant property clause and a discussion of the case law. The third part of the book consists of a collection of 86 property clauses from jurisdictions not included in earlier chapters, sometimes without discussion and in other instances with very brief discussion of either the property clause or the case law.

1. Introduction 2. Conceptual and Analytical Framework 3. Reservation Policy in India: Origin Growth and Recent Trends 4. Judicial Creativity towards Rationalisation of Reservation 5. Legal Mechanics of Reservation and Judicial Balancing of the Conflicting Interests 6. Conclusion Table of Cases Amendments Appendices Bibliography Index

This book proposes an innovative treatment of minority language policies, by looking at them as policy options that can be methodically evaluated. The author applies the analytical concepts and technical tools of policy analysis to guide the reader through a step-by-step application of notions such as effectiveness and cost-effectiveness, with particular reference to the European Charter for Regional or Minority Languages. The thrust of this book is deeply interdisciplinary, and links the evaluation exercise to sociolinguistic, political and legal considerations.

Covers the key institutions, concepts and legal rules in the United Kingdom constitutional system Explores the administrative justice system, including judicial review, and the protection of human rights Clearly written and easy to use Updated to cover the latest implications of Brexit, as well as legislation in the wake of the 2020 pandemic.

The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military justice remain glaringly under-examined, despite their implications for the quality and survival of democracy. This book breaks new ground by providing a theoretically rich, global examination of the operation and reform of military courts in democratic countries. Drawing on a newly created dataset of 120 countries over more than two centuries, it presents the first comprehensive picture of the evolution of military justice across states and over time. Combined with qualitative historical case studies of Colombia, Portugal, Indonesia, Fiji, Brazil, Pakistan, and the United States, the book presents a new framework for understanding how civilian actors are able to gain or lose legal control of the armed forces. The book's findings have important lessons for scholars and policymakers working in the fields of democracy, civil-military relations, human rights, and the rule of law.

Title 33 presents regulations administered by the Coast Guard and the Corps of Engineers that govern the following: navigation, international navigation rules, inland navigation rules, vessel operating regulations, anchorages, bridges, security of vessels, waterfront facilities, marine pollution financial responsibility and compensation, outer continental shelf activities, deepwater ports, pollution, ports and waterways safety, boating safety, permits for dams, dikes, structures or work impacting navigable waters, and more.

The EU Data Protection Code of Conduct for Cloud Service Providers - A guide to complianceFormally founded in 2017, the EU Data Protection Code of Conduct for Cloud Service Providers (otherwise known as the EU Cloud Code of Conduct; the Code) is a voluntary code of conduct created specifically to support GDPR compliance within the B2B (business-to-business) Cloud industry. The EU Commission, the Article 29 Working Party (now the European Data Protection Board (EDPB)), the EU Directorate-General for Justice and Consumers, and Cloud-industry leaders have all contributed to its development, resulting in a robust framework that recognises the unique requirements of the Cloud industry. Cloud providers must ensure that their services - which by design involve accessing and transferring data across the Internet, exposing it to far greater risk than data stored and processed within an organisation's internal network - meet or exceed the GDPR's requirements in order to provide the security and privacy that the market expects. Organisations can achieve this via compliance to the EU Cloud Code of Conduct. The EU Cloud Code of Conduct has already been adopted by major Cloud service organisations, including: Microsoft; Oracle; Salesforce; IBM; Google Cloud; Dropbox; and Alibaba Cloud. Public and business focus on information security and data protection continues to increase in the face of a constantly changing threat landscape and ever-more stringent regulation, and compliance to initiatives such as the EU Cloud Code of Conduct demonstrates to current and potential customers that your organisation is taking data privacy seriously, as well as strengthens your organisation's overall approach to information security management, and defences against data breaches. The EU Data Protection Code of Conduct for Cloud Service Providers provides guidance on how to implement the Code within your organisation. It explores the objectives of the Code, and how compliance can be achieved with or without a pre-existing ISMS (information security management system) within the organisation. Begin your journey to EU Cloud Code of Conduct implementation with our guide to compliance - Buy this book today!

The UN's capacity as an administrative decision-maker that affects the rights of individuals is a largely overlooked aspect of its role in international affairs. Administrative Justice in the UN explores the potential for a model of administrative justice that might act as a benchmark to which global decision-makers could develop procedural standards. Niamh Kinchin adeptly explores accountability in the context of decision-making within the UN and examines whether its administrative decisions, affecting the rights and obligations of individuals and groups, contain sufficient procedural protections. It is suggested that 'global administrative justice' requires two fundamental elements; administrative decisions made according to law, and to values communities accept as just, which are identified as rationality, fairness, transparency and participation. This model is applied to the UN's Investigations Divisions of the Office of Internal Oversight Services, the UN High Commissioner for Refugees, the UN Security Council and the Internal Formal Justice System in order to measure procedural protections, identify gaps and make recommendations for reform. This insightful book will be vital reading for academics and students of human rights, constitutional, public international, and administrative law. UN-affiliated personnel, as well as those involved in diplomatic departments, will find this book an engaging read.