Abortion is a quasi-eternal problem of humanity. For decades it has been - and continues to be - a highly debated political and legal issue in the Western world on both sides of the Atlantic. The contending political camps are often defined as 'pro-life' or 'pro-choice'. From a more legal perspective, the opposing positions may be described by the terms 'indication model' - where terminations are permitted in certain circumstances - and 'time limitation model' - where termination within a certain period of pregnancy is permitted on demand. Based upon a worldwide survey on abortion law and practice in a total of 64 countries carried out by the Max-Planck Institute for Foreign and International Criminal Law in Freiburg (Germany), the authors developed a 'third way'. This 'third way', which may be described as a 'discourse model', reflects the conviction that the decision to terminate must, in the final analysis, be taken by the pregnant woman herself subject to her own responsibility and that the legal system must treat her decision with respect. Along with a summary of social conditions and historical developments and a detailed comparison of legal regulations, supplemented by statistics on the termination of pregnancy, the authors arrive at their concluding reflections. Important findings, insights and trends are summarized and starting points and guidelines for reforms are pointed out. The book ends with a proposed regulation intended to provide those interested in an optimal regulation of the issue with food for thought. Prof. Dr. Dr. h.c. mult., M.C.J. (New York) Albin Eser is presently a Judge at the International Criminal Tribunal for the former Yugoslavia and Director em. of the Max-Planck-Institute for Foreign and International Criminal Law, Freiburg, Germany. Dr. jur. Hans-Georg Koch is senior researcher, Head of the medical law department of the Max-Planck-Institute for Foreign and International Criminal Law, Freiburg, Germany.

The issue of 'reverse discrimination' is a topical subject, particularly in the field of family reunification. Reverse discrimination occurs when a European Union (EU) citizen in a 'purely internal situation' is treated less favourably than an EU citizen of another nationality whose situation is largely governed by EU law. Reverse Discrimination in the European Union offers an up-to-date standard reference work on reverse discrimination. Part I of this book analyses the issue of reverse discrimination from an EU perspective. In particular, it questions whether reverse discrimination falls within the scope of application of Member State law or whether it falls within the ambit of EU law. Subsequently, it discusses the interpretation of the 'purely internal situation' doctrine on the basis of the case law of the European Court of Justice, giving special attention to recent developments since the controversial Ruiz Zambrano judgment.Although reverse discrimination is of interest from the perspective of the Member States, it is still mostly studied from the viewpoint of the EU.To address this, Part II looks at reverse discrimination in five Member States, namely Belgium, France, Italy, Germany and Austria. The focus lies on the ground(s) on which the national authorities decide whether or not to allow stricter treatment of purely internal situations. Finally, Part III analyses specific instances of reverse discrimination in federally structured Member States, from the perspective of both EU law and Belgian and German law.

An exploration of EU policy towards copyright enforcement on the Internet, examining the EU Telecoms Package from 2007-9. This book explains the puzzling case of copyright in telecoms law, and includes discussion of 3-strikes (graduated response), ISP liability and the French Hadopi law.

Robert Weatherley examines the role of nationalism in Chinese thinking on democracy and human rights spanning four successive periods: the late Qing, the Republic, Mao's China and post-Mao China. During this time, many of the debates in China about democracy and rights have been tied to the question of how to make China strong. The trigger is usually a perceived threat from foreign imperialism. Following the outbreak of the First Opium War in 1839, this imperialism took a military form, leading many Chinese reformers to embrace a system of democracy and rights in order to protect China from further foreign encroachments. In more recent years, the perceived threat has come from cultural imperialism, most apparent, Beijing claims, when the West criticises China for its poor record on democracy and human rights. This has led to the evolution of a distinctively Chinese model of democracy and rights that differs significantly from that deriving from the West.

"Highly recommended. Lower-division undergraduates though faculty."
-- CHOICE

" L]andmark volume on the subject of exclusionary policies against Chinese and Chinese Americans ... a valuable teaching tool ... an exemplary subject reference."
-- Library Journal

Named an Honor Book by the Asian and Pacific American Librarians Association (APALA), and a Gold Winner of the Benjamin Franklin Award.

A whole class of people, forbidden from ever becoming citizens . . . forbidden from even entering the country-their rights torn up and trampled on, left with no political redress. This was the United States of America from 1882 through 1943-if you had the misfortune to be Chinese.

The United States Congress banned all Chinese from becoming U.S. citizens from 1882 through 1943, and stopped most Chinese from even entering the country starting in 1882. Forbidden Citizens recounts this long and shameful legislative history. Congress passed restrictive legislation between 1879 and 1904. The most notorious was the Chinese Exclusion Act of 1882, described as "one of the most vulgar forms of barbarism," by Rep. John Kasson (R-IA) in 1882.

These laws were targeted not only at immigration, they banned citizenship, even for legal immigrants who had arrived before the gate was closed in 1882. Barred from becoming voters, the Chinese had no political recourse against repeated discrimination.

Because their appearance and lifestyle were so different, it was easy to tyrannize the Chinese. Insisting that the Chinese could not assimilate into American culture, lawmakers actively blocked them from doing so. Democrats and Republicans alike found the Chinese easy prey.

For the first time, this book assembles the complete legislative history of Congress's Chinese exclusion.

"Our nation has the greatest ideals, standing as that 'city upon a hill' for the world over to look toward with hope. Yet we have not always been as welcoming as we have proclaimed. Forbidden Citizens by Martin Gold tells the story of the exclusion of a specific group, the Chinese people, for racial reasons that were expressed in the most shocking terms. It is thorough, thoughtful, and highly relevant today. This work presents the best scholarship in the most accessible manner."
-- Frank H. Wu, Chancellor & Dean, University of California Hastings College of the Law

"Through engaging narrative, Forbidden Citizens expertly tells a story unfamiliar to most Americans, one that left a permanent scar upon the psyche of Chinese Americans and changed our nation forever. Martin Gold's thorough and pioneering research into decades of Congressional history brings to life the politics of Chinese exclusion in a way no one has."
-- Judy Chu, United States Representative (D-CA)

"Forbidden Citizens is a moving account of a regrettable part of American history. Marty Gold has done us all a service by bringing this story to light so that our past mistakes are never repeated."
-- Scott Brown, United States Senator (R-MA)

"An important piece of scholarship, which vividly depicts the intensity of anti-Chinese and anti-Asian feeling that was widespread even among our intellectual and political elite only a century ago."
-- Stephen Hsu, Professor of Physics, University of Oregon

For Complete Table of Contents, see ForbiddenCitizens.com

All nation states, whether ancient or newly created, must examine their constitutional fundamentals to keep their constitutions relevant and dynamic. Constitutional change has greater legitimacy when the questions are debated before the people and accepted by them. Who are the peoples in this state? What role should they have in relation to the government? What rights should they have? Who should be Head of State? What is our constitutional relationship with other nation states? What is the influence of international law on our domestic system? What process should constitutional change follow? In this volume, scholars, practitioners, politicians, public officials, and young people explore these questions and others in relation to the New Zealand constitution and provide some thought-provoking answers. This book is recommended for anyone seeking insight into how a former British colony with bicultural foundations is making the transition to a multicultural society in an increasingly complex and globalised world.

Compulsory voting has operated in Australia for a century, and remains the best known and arguably the most successful example of the practice globally. By probing that experience from several disciplinary perspectives, this book offers a fresh, up-to-date insight into the development and distinctive functioning of compulsory voting in Australia. By juxtaposing the Australian experience with that of other representative democracies in Europe and North America, the volume also offers a much needed comparative dimension to compulsory voting in Australia. A unifying theme running through this study is the relationship between compulsory voting and democratic well-being. Can we learn anything from Australia's experience of the practice that is instructive for the development of institutional bulwarks in an era when democratic politics is under pressure globally? Or is Australia's case sui generis - best understood in the final analysis as an intriguing outlier?

Comitology is the most important form of multi-level governance in the European Union. Member State and Commission actors together create roughly 2,500 executive acts per year, amounting to about half of all European laws together. But to what degree is this unknown and invisible committee system being held to account for its decisions? This book for the first time addresses accountability in truly multi-level terms. It looks at accountability foreseen in the constitutional setup of the comitology system, as well as at how this plays out in practice at the European level and within national governments. Controlling Comitology combines findings from different levels of government, and analyses a plurality of data sources including interviews, survey data of committee participants and their superiors, legislative databases and meeting documents. The book argues that accountability has steadily improved over time, but also that unexpected gaps have emerged. This books is important reading for student and scholars of comitology as well as accountability and law-making in the European Union.

Substantially about the relation between the concept of constitutionalism and Islamic Law in general and how such relation is specifically reflected in the Shi'ite jurisprudence, this volumeexplores the juristic origins of constitutionalism, especially in the context of 1905 Constitutional Revolution in Iran. Boozari has introduced the most important fatwas issued by the religious leaders in support of constitutionalism during the 1905 revolution, unfolded their underpinning theories, and analyzed the juristic technicalities of the terms.

Food Safety Management: A Practical Guide for the Food Industry, Second Edition continues to present a comprehensive, integrated and practical approach to the management of food safety throughout the production chain. While many books address specific aspects of food safety, no other book guides you through the various risks associated with each sector of the production process or alerts you to the measures needed to mitigate those risks. This new edition provides practical examples of incidents and their root causes, highlighting pitfalls in food safety management and providing key insights into different means for avoiding them. Each section addresses its subject in terms of relevance and application to food safety and, where applicable, spoilage. The book covers all types of risks (e.g., microbial, chemical, physical) associated with each step of the food chain, making it an ideal resource.

View the Table of Contents.
Read the Introduction.

"Colker's book provides a comprehensive review of the ADA's history and a thorough analysis of how effective it has been in vindicating the rights of the disabled. She does not paint a pretty picture, but it is an accurate, empirically based assessment."
--"Trial"

"[A] comprehensive, factually-supported, and carefully reasoned book in a manner worthy of academic interest. At the same time, [Colker] writes in a plain style free of academic jargon and returns consistently to the human-interest arena of practical ramifications."
--"New York Law Journal"

"This book is must reading for teachers, school administrators, parents, vocational rehabilitation counselors, disability rights lawyers, and Deaf Community leaders who hope to help take the citizen ship interests of deaf and hard-of-hearing people to the next level. The book helps these constituencies make the essential connections between raising and educating deaf children and the rights and opportunities those children hope to enjoy."
--Journal of Deaf Studies and Deaf Education

"The Disability Pendulum chronicles societal views and court reactions to the evolving ADA. Ruth Colker shows that public acceptance and inclusion of persons with disabilities into society is as much driven by attitudes about disability as by law and policy themselves. Colker offers an enriched and fresh analysis of the forces affecting the civil rights movement of persons with disabilities in American society."
--Peter Blank, Charles M. and Marion Kierscht Professor of Law and Director, Law, Health Policy & Disability Center, University of Iowa College of Law

"Ruth Colker's bookis an absolute must-read for anyone interested in disability rights. Colker has long been one of the most astute observers of the development of disability rights in the courts. This book lays out the compelling story of what the ADA was intended to do and what the courts have done to the ADA. The book is both inspiring and sobering."
--Chai Feldblum, Georgetown University Law Center

a[Colker] does not paint a pretty picture, but is an accurate, empirically based assessmenta
-- Adele Rapport, The Associate Regional Attorney for the U.S. Equal Employment Opportunity Commissionas Indianapolis District Office

"The Disability Pendulum helps us to appreciate that how we address these issues will shape the lives of the next generation of children with disabilities."
--"The Law and Politics Book Review"

Signed into law in July 1990, the Americans with Disabilities Act (ADA) became effective two years later, and court decisions about the law began to multiply in the middle of the decade. In The Disability Pendulum, Ruth Colker presents the first legislative history of the enactment of the ADA in Congress and analyzes the first decade of judicial decisions under the act. She assesses the success and failure of the first ten years of litigation under the ADA, focusing on its three major titles: employment, public entities, and public accommodations.

The Disability Pendulum argues that despite an initial atmosphere of bipartisan support with the expectation that the ADA would make a significant difference in the lives of individuals with disabilities, judicial decisions have not been consistent with Congressa intentions. The courts have operated like a pendulum, at timesswinging to a pro-disabled plaintiff and then back again to a pro-defendant stance. Colker, whose work on the ADA has been cited by the Supreme Court, offers insightful and practical suggestions on where to amend the act to make it more effective in defending disability rights, and also explains judicial hostility toward enforcing the act.

Title 47 presents regulations impacting equipment, carrier services, broadcast radio services, safety and special radio services, and policies related to national security. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

This book charts the evolution of the Legal Services Ombudsman for England and Wales. Established in 1990, it had a statutory remit that explicitly recognized its dual responsibility for consumer dispute resolution and democratic accountability. It was replaced in 2010 by a very different type of ombudsman institution. The book describes how the Ombudsman reconciled its different roles and how far it succeeded in changing the mentality of the legal profession. The authors relate the Ombudsman's successes and failures to current debates facing the ombudsman and regulatory community, and highlight the continuing potential of the ombudsman institution. The ombudsman institution emerges as a 'third way' between the courts and various forms of alternative dispute resolution, and as a creative and democratic means of responding to public grievance.

In "Signposts," Sally E. Hadden and Patricia Hagler Minter have assembled seventeen essays, by both established and rising scholars, that showcase new directions in southern legal history across a wide range of topics, time periods, and locales. The essays will inspire today's scholars to dig even more deeply into the southern legal heritage, in much the same way that David Bodenhamer and James Ely's seminal 1984 work, "Ambivalent Legacy," inspired an earlier generation to take up the study of southern legal history.
Contributors to "Signposts" explore a wide range of subjects related to southern constitutional and legal thought, including real and personal property, civil rights, higher education, gender, secession, reapportionment, prohibition, lynching, legal institutions such as the grand jury, and conflicts between bench and bar. A number of the essayists are concerned with transatlantic connections to southern law and with marginalized groups such as women and native peoples. Taken together, the essays in "Signposts" show us that understanding how law changes over time is essential to understanding the history of the South.
Contributors: Alfred L. Brophy, Lisa Lindquist Dorr, Laura F. Edwards, James W. Ely Jr., Tim Alan Garrison, Sally E. Hadden, Roman J. Hoyos, Thomas N. Ingersoll, Jessica K. Lowe, Patricia Hagler Minter, Cynthia Nicoletti, Susan Richbourg Parker, Christopher W. Schmidt, Jennifer M. Spear, Christopher R. Waldrep, Peter Wallenstein, Charles L. Zelden.

Title 28 presents regulations by the Department of Justice and the Office of Independent Counsel that govern judicial administration. Chapters also address Federal Prison Industries and Bureau of Prisons. Subchapters address inmate admission, classification, and transfer; institutional management; and community programs and release.

Striking a balance between the aspirations of individual freedom and the demands of organized society is a central quest of constitutional law. Germany and America provide different paths toward accomplishment of this equilibrium, revealing two paths to freedom and its relation to community. This work is addressed to philosophers of law, political theorists, constitutional lawyers, and everyone interested in protecting human rights and learning the meaning of human personality and freedom as expressed in democratic constitutional regimes. Eberle challenges current thinking in the field by setting out alternative visions of human freedom, dignity, personality and expression; demonstrating that use of comparative methodology has much to offer critical examination of major constitutional and public policy issues; and showing that different conceptions of fundamental ideas are possible. Exploring the nature of human personality as reflected in the constitutional law of two important constitutional democracies, Eberle inquires into human values and human freedom, across national borders, in pursuit of a better understanding of human potential and the nature and limit of freedom. The central personality traits examined comprise human dignity; autonomy; self-determination and identity, including privacy, computer privacy, control over personal information, and maintenance of one's image, words, and reputation; abortion; and freedom of expression, including defamation, offensive speech, hate speech, and burning of the flag. The book weaves between German and American law in examining these questions, providing a unique comparative perspective on the idea of human personality and freedom.

This book offers new perspectives on British nuclear policy-making at the height of the Cold War, arguing that the decisions taken by the British government during the 1950s and 1960s in pursuit of its nuclear ambitions cannot be properly understood without close reference to Duncan Sandys, and in particular the policy preferences that emerged from his experiences of the Second World War and his efforts leading Britain's campaign against the V-1 and V-2. Immersing himself in this campaign against unmanned weaponry, Sandys came to see ballistic missiles as the only guarantor of nuclear credibility in the post-war world, placing them at the centre of his strategic thinking and developing a sincerely-held and logically-consistent belief system which he carried with him through a succession of ministerial roles, allowing him to exert a previously undocumented level of influence on the nature of Britain's nuclear capabilities and its approach to the Cold War. This book shows the profound influence Sandys' personal belief system had on Britain's attempts to acquire a credible nuclear deterrent.

Lee Bollinger is one of our foremost experts on the First Amendment--both an erudite scholar and elegant advocate. In this sweeping account, he explores the troubled history of a free press in America and looks toward the challenges ahead.
The first amendment guaranteed freedom of the press in seemingly clear terms. However, over the course of American history, Bollinger notes, the idea of press freedom has evolved, in response to social, political, technological, and legal changes. It was not until the twentieth century that freedom of the press came to be understood as guaranteeing an "uninhibited, robust and wide-open" public discourse. But even during the twentieth century, government continually tried to erect barriers: the sedition laws of World War One, the use of libel law, the Pentagon Papers case, and efforts to limit press access to information.
Bollinger utilizes this history to explore the meaning of freedom of the press in our globalized, internet-dominated era. As he shows, we have now entered uncharted territory. What does press freedom mean when our news outlets can instantaneously disseminate information throughout the world? When foreign media have immediate access to the American market? Bollinger stresses that even though the law will surely evolve in the coming years, we must maintain our commitment to a press that is "uninhibited, robust, and wide-open," not only in America but everywhere. Given the new ability of foreign media to reach the United States via the Internet and vice versa, it is in America's national interest for press freedoms to expand overseas. While protecting the freedom of the press at home remains a crucial task, the next challenge is to help create a global public forum suitable for an increasingly interconnected world. Part of Oxford's landmark Inalienable Rights series, this book will set the agenda for how we think about the press in the twenty-first century.

Administrative legal systems are based on national constitutional legal traditions and cultural values. This book offers a historical and comparative analysis of English and German Administrative law. There is a growing need for comparative material and analysis in Administrative law - this book provides a valuable contribution to this field.

Title 27 presents regulations by the U.S. Treasury that govern alcohol, tobacco, and firearms. Subchapters address liquors; firearms; procedures and practices; and alcohol, tobacco, and other excise taxes.

The impact of the European Convention on Human Rights on public and criminal law has been well documented. The common law will be equally revolutionised by the Convention,yet its future is uncharted. This collection of papers, the product of two seminars held jointly with 1 Crown Office Row and the human rights group Justice, offers some navigational aids to those confronted with these deep waters. It contains analyses of current law and predictions for the future from practitioners and experts in a range of common law fields, including clinical negligence, medical law, environmental law, mental health and defamation. In addition to these specific areas, these chapters also explore the relationship between the ECHR principles of proportionality and margin of appreciation and the traditional way of resolving common law disputes. The book also includes a detailed - and controversial - scrutiny of the compatibility of the legal aid and costs proposals with the procedural right to a fair trial guaranteed by the Convention. CONTENTS 1 INTRODUCTION William Edis 2 THE CONVENTION AND THE HUMAN RIGHTS ACT: A NEW WAY OF THINKING Philip Havers QC and Neil Garnham 3 COSTS, CONDITIONAL FEES AND LEGAL AID Guy Mansfield QC 4 HORIZONTALITY: THE APPLICATION OF HUMAN RIGHTS STANDARDS IN PRIVATE DISPUTES Jonathan Cooper 5 REMEDIES Rosalind English 6 GENERAL COMMON LAW CLAIMS AND THE HUMAN RIGHTS ACT Richard Booth 7 BRINGING AND DEFENDING A CONVENTION CLAIM IN DOMESTIC LAW: A PRACTICAL EXERCISE Philippa Whipple 8 THE IMPACT OF THE CONVENTION ON MEDICAL LAW Philip Havers QC and Neil Sheldon 9 CLINICAL NEGLIGENCE AND PERSONAL INJURY LITIGATION Robert Owen QC, Sarah Lambert and Caroline Neenan 10 ENVIRONMENTAL RIGHTS David Hart 11 CONFIDENTIALITY AND DEFAMATION Rosalind English 12 MENTAL HEALTH Jeremy Hyam 13 BIBLIOGRAPHY AND GUIDE TO Sources Owain Thomas