The entry into force of the Treaty of Lisbon in 2009 caused the EU's Charter of Fundamental Rights to be granted binding effect. This raised a host of intriguing questions. Would this transform the EU's commitment to fundamental rights? Should it transform that commitment? How, if at all, can we balance competing rights and principles? (The interaction of the social and the economic spheres offers a particular challenge). How deeply does the EU conception of fundamental rights reach into and bind national law and practice? How deeply does it affect private parties? How much flexibility has been left to the Court in making these interpretative choices? What is the likely effect of another of the reforms achieved by the Lisbon Treaty, the commitment of the EU to accede to the ECHR? This book addresses all of these questions in the light of five years of practice under the Charter as a binding instrument.

Europe has come a long way at least in the institutional response to racism. This book describes the responses of the Council of Europe and the European Union to the worrying trends of racism and xenophobia in the 1990s, and considers the prospects for combating discrimination in Europe using tools that have emerged as a result. Part one looks at the evolution of the Council of Europe apparatus to combat discrimination and the anti-discrimination standards prescribed by its institutions. Part two considers the legislative measures recently adopted by the European Union. The contributions in Part three take a comparative perspective of all measures adopted at European level to combat racial and ethnic discrimination.

With the specter of prosecution after his term is over and the possibility of disbarment in Arkansas hanging over President Clinton, the Clinton-Lewinsky scandal and the events that have followed it show no sign of abating. The question has become what to do, and how to think, about those eight months. Did the President lie or was it plausible that he had truthfully testified to no sexual relationship? Was the job search for Monica just help for a friend or a sinister means of obtaining silence? Even if all the charges were true, did impeachment follow or was censure enough? And what are the lasting repercussions on the office of the Presidency?

Aftermath: The Clinton Impeachment and the Presidency in the Age of Political Spectacle takes a multi-disciplinary approach to analyze the Clinton impeachment from political perspectives across the spectrum. The authors attempt to tease out the meanings of the scandal from the vantage point of law, religion, public opinion, and politics, both public and personal. Further, the impeachment itself is situated broadly within the contemporary American liberal state and mined for the contradictory possibilities for reconciliation it reveals in our culture.

Contributors: David T. Canon, John Cooper, Drucilla Cornell, Jean Bethke Elshtain, Robert W. Gordon, Lawrence Joseph, Leonard V. Kaplan, David Kennedy, Kenneth R. Mayer, Beverly I. Moran, Father Richard John Neuhaus, David Novak, Linda Denise Oakley, Elizabeth Rapaport, Lawrence Rosen, Eric Rothstein, Aviam Soifer, Lawrence M. Solan, Cass R. Sunstein, Stephen Toulmin, Leon Trakman, Frank Tuerkheimer, Mark V. Tushnet, Andrew D. Weiner, Robin L. West.

Public anger at perceived ethical and legal failures in recent wars has reinforced the importance of understanding military ethics. Ethics, Law and Military Operations is one of the first texts to examine both the ethical and the legal considerations of contemporary military conflict. It adopts a practical approach to explore the ways in which legal and normative issues combine to affect the entire spectrum of military operations, from high-intensity conflict to peacekeeping activities and the provision of humanitarian aid. With an operational perspective in mind, this text delivers accessible frameworks for evaluating and applying fundamental legal and ethical concepts. Written by an international team of military practitioners and academics, this book provides interdisciplinary insights into the major issues facing military decision-makers. The first half of the book explores the ethical and legal underpinnings of warfare. Later chapters use case studies to examine specific issues in the contemporary operating environment.

Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined 'responsive legality'. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and - towards the end of the century - the logics of 'new managerialism', the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.

This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration. Covering areas such as posting of workers, the right to collective bargaining, political rights and free movement for EU citizens, and asylum policy, chapters provide a cross-disciplinary and policy-oriented treatment of these subjects alongside focused legal analysis. Complementing traditional concepts and methodologies with newly emerged empirical elements, the book exposes the EU's inherent tensions while also offering new perspectives on the ways in which EU constitutional principles, rooted in solidarity, could inform a future Social Europe. Law, Solidarity and the Limits of Social Europe will be a stimulating read for scholars and students of EU law and social policy. It will also be of interest to legal practitioners, policy makers and civil society organisations working in fields related to Social Europe.

"Marcossen has written a good book. Its tone is appropriate, its arguments are provocative, and its subject matter is significant."--"The Law and Politics Book Review," Vol.12, No. 7

"Brilliantly dissecting Thomas' and his philosophical mentor Antonin Scalia's conservatism, Marcossen resembles a master debater delivering a crushing final summation."-- "Booklist," August 2002

"Without a doubt, this is one of the best pieces of constitutional law scholarship published in some time."
-- "Choice"

Originalism is the practice of reviewing constitutional cases by seeking to discern the framers' and ratifiers' intent. Original Sin argues that the "jurisprudence of original intent," represented on the current Supreme Court by Justices Antonin Scalia and Clarence Thomas, has failed on its own terms. Attempts to determine the framers' intent have not brought greater determinacy and legitimacy to the process of constitutional interpretation. Instead, the method has been marked by the very flaws--including self-interested reasoning and the manipulation of doctrine--that originalists argue marred the jurisprudence of the judicial "activists" of the Warren Court.

Original Sin brings a rigorous review of the performance of the "new originalists" to the debate, applying their methodology to real cases. Marcosson focuses on the judicial decisions of Clarence Thomas, an avowed originalist who nevertheless advocates "color blind" readings of the Constitution which are at odds with the framers' ideas concerning anti-miscegenation and other laws. After critiquing what he sees as a troubling use of originalism and explaining why it has failed to provide a consistent basis for constitutionaldecision-making, the author goes on to offer an alternative approach: one that lends greater legitimacy to the Court's interpretations of the Constitution.

This supplemental volume expands upon the seven-volume edition of Constitutional Documents of the United States of America 1776 1860, which was published from 2006 to 2009. It contains 14 constitutional documents from 8 different U.S. states which were recently made accessible for the first time in American libraries and archives. Among the documents in the collection are the constitution of the short-lived Republic of Indian Stream, which succeeded from New Hampshire from 1832 to 1835, as well as rare constitutional documents from New Mexico and Texas written in both Spanish and English. The texts have been edited, annotated, and indexed on the basis of the original manuscripts and (in certain cases rare) original prints produced by the official state or constitutional convention printing presses."

From Russia and Hungary to the United States and Canada, including Britain, France, and Germany, courts are increasingly recognized as political institutions that are important players in political systems. In addition, transnational courts such as the European Court of Justice and European Court of Human Rights are extending their reach and affecting the politics of member states. The book contains essays written by scholars of law and political science exploring in interdisciplinary fashion the relationship between law and politics in cross-national perspective, focusing principally on contemporary Europe.

Designed to succeed previous books on the Maastricht and Amsterdam treaties, this new work includes contributions from leading EU lawyers assessing the Nice Treaty and the Post-Nice process, which is rapidly developing in the lead-up to the next Intergovernmental conference. The book's central theme is the discussion of a European Constitution and European Constitutionalism. The new constitutional balance after institutional reform, the Luxembourg courts after Nice, the future of the three pillar Treaty structure and the Human Rights charter are the other main topics. Among the contributors are the editors, Professor Stephen Weatherill (Oxford), Professor Noreen Burrows (Glasgow), Professor Jrgen Schwarze (Freiburg), Professor Paul Craig (Oxford), Professor Jo Shaw (Manchester) Steve Peers (Essex) Professor Piet Eeckhout (King's College, London) and Professor Alan Dashwood (Cambridge).

Concepts such as e-voting, e-democracy, e-participation, online campaigning, and e-parliament are the most powerful proof of the use of ICTs in political activities, processes, and institutions. E-Parliament and ICT-Based Legislation: Concept, Experiences and Lessons presents a conceptual framework regarding e-parliament and analyzes the impacts of ICTs on the structure of parliament, its functions, relations with other actors, and the legislative process. As a result of the means and opportunities created by ICTs, parliaments have had a chance to simplify and integrate their administrative processes and involve citizens in legislative processes. This book reflects on new understandings, developments, and practices in parliaments within the framework of ICT usage.

This book gives a comprehensive account of the drafting of the EU Charter in the first Convention and shows the important contribution of this process to the constitutional development of the European Union. By drawing on a body of empirical data from the Convention in 1999-2000 it shows how the debates about a catalogue of fundamental rights for the EU prior to enlargement triggered a much wider discussion about the basis and basics of European integration. Thus it can shed new light on the EU's ongoing search for legitimacy.

This comprehensive case law book examines the evolution of judicial interpretation of the scope and limitations of presidential power. From interbranch struggles for power, to presidential selection, to campaign financing, to war powers, hardly an issue arises for the modern presidency that does not eventually find itself framed as a legal problem to be addressed by the courts. Each section provides an introduction providing background and framework for students. Throughout, the analysis is informed by the view that court decisions are framed by legal arguments and constitute legal issuances and are also framed by politics, and have profound political consequences. Coinciding with a broader intellectual and disciplinary return to institutions and law as key to understanding the presidency and modern politics, this book will find special favour among scholars who teach courses on the presidency and related areas.

The United States government, represented by the Office of the Solicitor General, appears before the Supreme Court more than any other litigant. The Office's link to the president, the arguments it makes before the Court, and its ability to alter the legal and policy landscape make it the most important Supreme Court litigant bar none. As such, scholars must understand the Office's role in Supreme Court decision making and, more importantly, its ability to influence the Court. This book examines whether and how the Office of the Solicitor General influences the United States Supreme Court. Combining archival data with recent innovations in the areas of matching and causal inference, the book finds that the Solicitor General influences every aspect of the Court's decision making process. From granting review to cases, selecting winning parties, writing opinions, and interpreting precedent, the Solicitor General's office influences the Court to behave in ways it otherwise would not.

A compelling account of how women shaped the common law right to privacy during the late nineteenth and early twentieth centuries Drawing on a wealth of original research, Jessica Lake documents how the advent of photography and cinema drove women-whose images were being taken and circulated without their consent-to court. There they championed the creation of new laws and laid the groundwork for America's commitment to privacy. Vivid and engagingly written, this powerful work will draw scholars and students from a range of fields, including law, women's history, the history of photography, and cinema and media studies.

The volume is devoted to the relevant problems in the legal sphere, created and generated by recent advances in science and technology. In particular, it investigates a series of cutting-edge contemporary and controversial case-studies where scientific and technological issues intersect with individual legal rights. The book addresses challenging topics at the intersection of communication technologies and biotech innovations such as freedom of expression, right to health, knowledge production, Internet content regulation, accessibility and freedom of scientific research.

The provision of legal technical assistance has in recent years become a major concern for international financial institutions, such as the World Bank, and for Western-based bilateral donor agencies. This book offers critical perspectives for the evaluation of legal technical assistance projects and contains proposals for action and research. Five chapters offer general perspectives on law, state and civil society and the remaining six case studies on themes such as economic regulation, agrarian reform, representation of women and access to justice.

In this study we look at how free speech interests are balanced against the need to protect reputation in American and English defamation laws. We studied cases from both countries to see how this tension is resolved. We pay special attention to 'public interest' defence since the media often justifies its attack on reputation on 'public interest', even when it is substituting its own interest for this 'public interest'.