Due process protections are among the most important Constitutional protections in the United States, yet they do not apply to non-citizens facing detention and deportation. Due Process Denied describes the consequences of this lack of due process through the stories of deportees and detainees. People who have lived nearly all of their lives in the United States have been detained and deported for minor crimes, without regard for constitutional limits on disproportionate punishment. The court's insistence that deportation is not punishment does not align with the experiences of deportees. For many, deportation is one of the worst imaginable punishments.

In May It Please the Court, artist Xavier Cortada portrays ten significant decisions by the Supreme Court of the United States that originated from people, places, and events in Florida. These cases cover the rights of criminal defendants, the rights of free speech and free exercise of religion, and the powers of states. In Painting Constitutional Law, scholars of constitutional law analyse the paintings and cases, describing the law surrounding the cases and discussing how Cortada captures these foundational decisions, their people, and their events on canvas. This book explores new connections between contemporary art and constitutional law. Contributors are: Renee Ater, Mary Sue Backus, Kathleen A. Brady, Jenny E. Carroll, Erwin Chemerinsky, Xavier Cortada, Andrew Guthrie Ferguson, Leslie Kendrick, Corinna Barrett Lain, Paul Marcus, Linda C. McClain, M.C. Mirow, James E. Pfander, Laura S. Underkuffler, and Howard M. Wasserman.

The volume is a thoroughly revised edition of the author's book on German Administrative Law which was first published in 1985. From the perspective of a common law jurisdiction the author presents the basic framework of German administrative law, along the lines administrative law is understood in the English speaking world. It covers all the essential elements of German administrative law. It is updated to include the latest developments and the impact of EC law in different spheres.

In this work, Robert E. Brown applies the fruits of modern historical scholarship toward an understanding of Beard's groundbreaking and controversial work. With a perspective of forty years, Brown attempts to separate the valid from the bogus in this work.

This book offers different perspectives on China's business and law. It aims to offer an introduction into both theoretical and practical aspects of Chinas law on foreign related business affairs. This comprises economic and political background information, including Chinas economic evolution and China-EU trade relations, in addition to more detailed information on selected subject areas important to foreign related business affairs in China, namely commercial arbitration law, contract law ,company law , IPR protection, financial law, foreign direct investment law, and also the establishment of overseas branches of Chinese companies in the EU.Perspectives on Chinese Business and Law thus introduces the reader to the current Chinese legislations on foreign related business.

THE ROMAN LAW DEALING WITH DAMAGES, LIABILITY AND GIFTS BETWEEN HUSBAND AND WIFEThe Lex Aquilia deals with unlawful and accidental damages and gives a civil remedy for damage to property. It is important as the basis of the general principle of liability to person and property in later Roman law. The Lex Aquila is difficult to interpret, and it has inspired a great deal of contemporary and later commentary. Thayer's bilingual edition presents the text with a summary of commentary (in English) by scholars from the Medieval era through the 1920s. The second part contains the Latin text of De Donationibus with extensive notes (in English) by Thayer.James Bradley Thayer [1831-1902] practiced law in Boston from 1856 until 1874.He was the Royall Professor of Law, Harvard Law School, 1874-1883, and WeldProfessor of Law, 1883-1902.CONTENTSAD LEGEM AQUILIAM (IX, 2)TEXT AND TRANSLATIONCOMMENTARYDE DONATIONIBUS INTER VIRUM ET UXOREM (XXIV, I)TEXT AND COMMENTARY

In two canonical decisions of the 1920s--"Meyer v. Nebraska" and "Pierce v. Society of Sisters"--the Supreme Court announced that family (including certain relations within it) was an institution falling under the Constitution's protective umbrella. Since then, proponents of "family values" have claimed that a timeless form of family--nuclear and biological--is crucial to the constitutional order. Mark Brandon's new book, however, challenges these claims.

Brandon addresses debates currently roiling America--the regulation of procreation, the roles of women, the education of children, divorce, sexuality, and the meanings of marriage. He also takes on claims of scholars who attribute modern change in family law to mid-twentieth-century Supreme Court decisions upholding privacy. He shows that the "constitutional" law of family has much deeper roots.

Offering glimpses into American households across time, Brandon looks at the legal and constitutional norms that have aimed to govern those households and the lives within them. He argues that, well prior to the 1960s, the nature of families in America had been continually changing--especially during western expansion, but also in the founding era. He further contends that the monogamous nuclear family was codified only at the end of the nineteenth century as a response to Mormon polygamy, communal experiments, and Native American households.

Brandon discusses the evolution of familial jurisprudence as applied to disputes over property, inheritance, work, reproduction, the status of women and children, the regulation of sex, and the legal limits to and constitutional significance of marriage. He shows how the Supreme Court's famous decisions in the latter part of the twentieth century were largely responses to societal change, and he cites a wide range of cases that offer fresh insight into the ways the legal system responded to various forms of family life.

More than a historical overview, the book also considers the development of same-sex marriage as a political and legal issue in our time. "States of Union" is a groundbreaking volume that explains how family came to be "in" the Constitution, what it has meant for family to be constitutionally significant, and what the implications of that significance are for the constitutional order and for families.

This volume is a compilation of the U.S. federal special prosecutor/independent counsel investigations spanning the complete twenty-one year tenure from 1978-1999 of the independent counsel statute. The entries include individuals who have served as investigators; those who have been targets of investigations; all attorney generals who have called for appointment of special prosecutors; all presidents during whose terms of office such prosecutors served; and all legal cases that served to argue for or against the constitutionality of the independent counsel statute. These historical precedents are traced from Ulysses Grant's appointment of a special prosecutor to investigate the St. Louis Whiskey Scandal in 1875. More contemporary cases include Watergate, precipitated by Richard Nixon's Saturday Night Massacre dismissal of Special Prosecutor Archibald Cox in 1973; Independent Counsel Lawrence Walsh's Iran-Contra Investigation; and Special Prosecutor Ken Starr's Whitewater investigation of the Clintons and the ensuing permutations which brought individuals like Linda Tripp and Monica Lewinsky to prominence and also brought the statute calling for such investigations into constitutional debate.

The book is fully cross-referenced and contains a comprehensive bibliography and index. It will be of interest to scholars and students of American History and Constitutional History.

This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.

This book examines the way in which judges in the top courts of nine different common law countries go about developing the law by devising new principles to allow themselves to be innovative and justice-oriented, and to ensure that human rights are universally protected.
The book surveys the decisions of these top courts over the last generation to determine how 'judicially active' they have been. It seeks to compare and contrast the different experiences and to identify the principles in accordance with which the various courts have decided to develop the law. How do they interpret legislation? What use do they make of standards derived from other countries or from international law? How willing are they to make law in areas which are traditionally the preserve of elected politicians?
The contributors are all experts in their own jurisdictions and have already published widely in the field of judicial activism. The jurisdictions covered include Australia, Canada, India, Ireland, Israel, New Zealand, South Africa, the United Kingdom and the United States. The chapter on the judicial work of the House of Lords anticipates the transformation of that institution into the Supreme Court of the United Kingdom in 2009 and the book as a whole suggests that there is plenty of scope for that new court to learn from other common law supreme courts about the appropriate limits of judicial creativity.

Million of people around the Asia Pacific region are suffering from the twin effects of globalization and exclusionary nationality laws. Some are migrant workers without rights in host countries; some are indigenous peoples who are not accorded their full rights in their own countries. Yet others are refugees escaping from regimes that have no respect for human rights. This collection of essays discusses the ways in which citizenship laws in the region might be made consistent with human dignity. It considers the connectedness of national belonging and citizenship in East and Southeast Asian and Pacific states including Australia the impact of mass migration, cultural homogenization and other effects of globalization on notions of citizenship and possibilities of commitment to a transnational democratic citizenship that respects cultural difference.;This work is intended for use by departments of politics, international relations, economics (courses in international trade, globalization, labour economics), Asian studies, sociology (courses in legal and citizenship studies), and law.

Even though the development of competition law in the countries of the former Eastern bloc has been based to a significant extent on arrangements existing in the European Union - including the case law of European courts and various instruments developed by the European Commission - numerous substantial differences remain both in regulatory regimes and in ongoing practice among the various countries. This first-ever practical survey of competition law in this region describes applicable regimes in sixteen of these countries, with additional country chapters on Austria and Turkey and a chapter on the role of the Eurasian Economic Commission.

An attorney and certified information privacy professional offers a resource book for citizens seeking to understand, use, and defend their right to know under freedom of information laws in the United States. The Right to Know: Your Guide to Using and Defending Freedom of Information Law in the United States sets out in plain language freedom-of-information best practices for ordinary citizens, activist organizations, journalists, bloggers, and lawyers. Jacqueline Klosek, an expert in U.S. information law, educes practical lessons from dozens of case studies to show how readers can use freedom of information laws to protect themselves, but also to protect the environment, and public health and safety, as well as to expose governmental and corporate crime, waste, and corruption. Finally, the book shows American readers how, in contrast to what is going on in most democracies, their right to know is being progressively curtailed, why this is so dangerous to democracy, and what they can do to help reverse the alarming trend. 15 illustrations

Within the European Union there is considerable diversity in morally sensitive issues like legal recognition of same-sex relationships or reproductive matters, such as abortion, assisted human reproduction (AHR) and surrogacy. States generally expressly claim recognition of such diversity and it is explicitly respected at European level, even though the (implicit) influence of European law is increasingly visible in these areas.Cross-border movement within the EU adds a new dimension to this complex picture. It implies that States are increasingly confronted by (the consequences of) one another's regimes. For example, same-sex couples residing in one EU Member State claim recognition of their marriage concluded in another Member State, or women from Member States with restrictive abortion regimes resort to States with more liberal regimes. This research explores this cross-border dimension, identifies a number of pressing questions and provides insight into the interests that are at stake in such situations.This volume firstly investigates what if any standard-setting is in place in three national jurisdictions (Ireland, Germany and the Netherlands) as well as in the relevant European jurisdictions (EU law and the ECHR) in respect of reproductive matters and legal recognition of same-sex relationships, and how this has developed over time. This analysis inter alia provides insight into what considerations and interests play or have played a role in legislative debates and case-law, in what respects the regimes studied differ, and how European law has influenced national standard-setting. It furthermore provides the necessary basis for the subsequent analysis of how the relevant jurisdictions respond to cross-border movement in these areas and how they interact. While, for example, States sometimes appear to ward off cross-border movement in these areas to protect their national moral standards, in other situations they choose to or are obliged under European law to accommodate such mobility in order to protect the interests of vulnerable parties involved. This research thereby observes and clarifies the dynamics in decision-making regarding these issues, analysing and explaining how various areas and levels of law interact.

Whether in the form of Christmas trees in town squares or prayer in school, fierce disputes over the separation of church and state have long bedeviled this country. Both decried and celebrated, this principle is considered by many, for right or wrong, a defining aspect of American national identity.

Nearly all discussions regarding the role of religion in American life build on two dominant assumptions: first, the separation of church and state is a constitutional principle that promotes democracy and equally protects the religious freedom of all Americans, especially religious outgroups; and second, this principle emerges as a uniquely American contribution to political theory.

In Please Don't Wish Me a Merry Christmas, Stephen M. Feldman challenges both these assumptions. He argues that the separation of church and state primarily manifests and reinforces Christian domination in American society. Furthermore, Feldman reveals that the separation of church and state did not first arise in the United States. Rather, it has slowly evolved as a political and religious development through western history, beginning with the initial appearance of Christianity as it contentiously separated from Judaism.

In tracing the historical roots of the separation of church and state within the Western world, Feldman begins with the Roman Empire and names Augustine as the first political theorist to suggest the idea. Feldman next examines how the roles of church and state variously merged and divided throughout history, during the Crusades, the Italian Renaissance, the Protestant Reformation, the British Civil War and Restoration, the early North American colonies, nineteenth-century America, and up to the present day. In challenging the dominant story of the separation of church and state, Feldman interprets the development of Christian social power vis--vis the state and religious minorities, particularly the prototypical religious outgroup, Jews.

Compilation of Early Norwegian Laws."The oldest Norwegian laws, those of Gula and Frosta, go back to a time when the culture of the Middle Ages was still a somewhat novel experience in Northern Europe. Though the copies that have survived seem to date from the twelfth century and later, the codes must, in considerable part, have taken form in the eleventh century, or as early as the first generation of the Christian age. Heathendom had by that time been outlawed, but one seems justified in believing that the cult of strength and valor was for some time yet a force that had to be taken into account; for the principles that governed in the heathen age retained much of their ancient vigor, and the old civilization, rooted, as it was, in the soil itself, was able in large measure to maintain both life and validity." --Foreword, viiLaurence M. Larson 1868-1938] was a Professor of History at the University of Illinois. CONTENTSIntroductionTHE OLDER LAW OF THE GULATHINGThe Church LawThe Merchant LawThe Law of TenancyThe Inheritance LawMiscellaneous ProvisionsThe Law of Personal RightsThe Wergeld SystemThe Law as to TheftThe Redemption of Odal LandThe Law of the Coast DefenseA Later System of WergeldTHE OLDER LAW OF THE FROSTATHINGIntroductionI. The FrostathingII. The Church LawIII. The Church Law-ContinuedIV. The Law of Personal RightsV. Miscellaneous ProvisionsVI. The Wergeld SystemVII. The Law of the Coast DefenseVIII. The Inheritance LawIX. The Inheritance Law-ContinuedX. The Merchant LawXI. The Merchant Law-ContinuedXII. The Redemption of Odal LandXIII. The Law of TenancyXIV. The Law of Tenancy-Concluded. The Law as to TheftXV. The Law as to Theft-ContinuedXVI. Later EnactmentsGlossary BibliographyIndex

In Search of the Federal Spirit examines federal theory in the context of the new federal models that have sprung into existence since the end of the Cold War. It utilises the federal spirit as a conceptual lens through which to explore the revival of federalism in the post-Cold War era - especially in the 1990s - and it seeks to place the emergence of these new models in the theoretical context of federal state formation. By examining the approaches of five major contributors to the nature and meaning of federalism - Kenneth Wheare, William Livingston, William Riker, Carl Friedrich, and Daniel Elazar - the book identifies several different expressions of the federal spirit that together constitute its basic political values and principles rooted in liberal democracy. The book explains how and why the federal spirit can survive and prosper only in conditions of liberal democracy which allow these federal values and principles to be freely expressed. In this way the book will connect the five distinctive approaches to understanding federalism and their peculiar interpretation of the federal spirit to the emergence of the new models. This chain of reasoning leads us to look not only at federal state formation based upon formal federal constitutions but also to include the evolution of federal political systems that are an integral part of the post-Cold War revival of federalism. The new federal models are the Russian Federation, Belgium, the European Union, Ethiopia, Bosnia-Herzegovina, Nigeria, Venezuela, and Iraq while Spain, Italy, South Africa, Argentina, and the United Kingdom have each fashioned their own form of federal system in practice. The logic of the argument based upon the federal spirit leads not only to a revisionist framework of analysis to explain the key conditions of future federal state formation but it also prompts a major reconsideration of the conventional conceptual framework of analysis in federalism and the proposal of a new classification of "federal democracies". Confirmation of the firm links between federalism and liberal democracy is further underlined by a detailed examination of the conceptual relationships between civil society, political culture, and liberal democratic constitutionalism. The federal spirit is shown to be multidimensional in its properties and the book concludes with three cases studies of Ethiopia, Bosnia-Herzegovina, and Iraq that establish federalism as essentially a way of thinking - a mindset - about creating political stability in deeply divided societies by creating federations.

Solimine and Walker provide a comprehensive examination of all the major issues revolving around judicial federalism- the sharing of judicial power between the 50 states and the federal government. They make the case that the existence and operation of this system is healthy for the development of law and the protection of liberty.

This theme is developed through a discussion of the major issues in the literature of judicial federalism: federalism and rights, the parity of the state and federal courts, the civil litigation system, state court interpretations of their own constitutions, and the relationship of ideology to judicial federalism. Recognizing that there are and always have been serious shortcomings in this system, the author points out that these problem areas can be remedied; the start of this remedial process necessitates a respect for the judicial institutions of the state. Solimine and Walker envision the beginning of a dialogue among practitioners, academics, and concerned citizens on how best to improve the current system in order to halt the threats to diversity posed by increasing federal domination of the judicial system.