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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
Title 15 presents regulations governing the Department of Commerce
and other agencies involved with commerce and foreign trade, and
includes rules for: National Security Industrial Base, Export
Administration, National Weather Service, Environmental Data
Service, Oil Pollution Act, Foreign Trade Agreements, and
telecommunications and information. Additions and revisions to this
section of the code are posted annually by January. Publication
follows within six months.
This thought-provoking book investigates the increasingly important
subject of constitutional idolatry and its effects on democracy.
Focused around whether the UK should draft a single written
constitution, it suggests that constitutions have been drastically
and persistently over-sold throughout the years, and that their
wider importance and effects are not nearly as significant as
constitutional advocates maintain. Analysing a number of issues in
relation to constitutional performance, including whether these
documents can educate the citizenry, invigorate voter turnout, or
deliver 'We the People' sovereignty, the author finds written
constitutions consistently failing to meet expectations. This
innovative book also examines how constitutional idolatry may
frustrate and distort constitutional change, and can lead to strong
forms of constitutional paternalism emerging within the state.
Ultimately, the book argues that idolising written constitutions is
a hollow endeavour that will fail to produce better democratic
outcomes or help solve increasingly complicated societal problems.
Engaging and accessible, Constitutional Idolatry and Democracy will
be a key resource for both new and established scholars interested
in comparative constitutional law, constitutional theory, law and
democracy and written vs. unwritten constitutions.
In recent years, the international engagement of the EU's
decentralized agencies has continued to increase in the absence of
a clear political and legal framework for their activities. This
timely book addresses urgent questions about these agencies'
external actions and their effects, how these should be
conceptualized and assessed, and how they can and should be
governed in the future. Bringing together pioneering
interdisciplinary work from European legal and political scholars,
this book combines theory with empirical case studies to explore an
underdeveloped field and identify a future research agenda.
Chapters first comprehensively examine the relevant legal
frameworks and the political aspects of these decentralized
agencies' external activities, before exploring the questions this
raises around their own and the EU's legitimacy and accountability,
and the impact of agencies on countries outside the EU who have
dealings with them. Scholars in law, political science, economics
and public administration will find this book invaluable,
particularly those working on external relations, agencification or
institutional innovation. It will also prove useful to policymakers
at EU and national level, as well as other stakeholders such as
non-EU countries and international organizations.
Contrary to how it is often portrayed, the concept of human rights
is not homogeneous. Instead it appears fragmented, differing in
scope, focus, legal force and level of governance. Using the lens
of key case studies, this insightful book contemplates human rights
integration and fragmentation from the perspective of its users.
The fragmentation of human rights law has resulted in an
uncoordinated legal architecture that can create obstacles for
effective human rights protection. Against this background, expert
contributors examine how to make sense - in both theoretical and
practical terms - of these multiple layers of human rights law
through which human rights users have to navigate. They consider
whether there is a need for more integration and the potential ways
in which this might be achieved. The research presented illustrates
the pivotal role that users play in shaping, implementing,
interpreting and further developing human rights law. Offering an
innovative perspective to the debate, this book will appeal to both
students and academics interested in human rights and the
methodological approaches that can be used in furthering its
research. Practitioners and policy makers will also benefit from
the forward thinking insights into how an integrated approach to
human rights could look. Contributors include: E. Brems, E.
Bribosia, P. De Hert, E. Desmet, E.K. Dorneles de Andrade, M.
Holvoet, D. Inman, B. Oomen, S. Ouald-Chaib, I. Rorive, S. Smis, O.
Van der Noot, S. Van Drooghenbroeck
In 1958 Mildred Jeter and Richard Loving, two young lovers from
Caroline County, Virginia, got married. Soon they were hauled out
of their bedroom in the middle of the night and taken to jail.
Their crime? Loving was white, Jeter was not, and in Virginia--as
in twenty-three other states then--interracial marriage was
illegal. Their experience reflected that of countless couples
across America since colonial times. And in challenging the laws
against their marriage, the Lovings closed the book on that very
long chapter in the nation's history. "Race, Sex, and the Freedom
to Marry" tells the story of this couple and the case that forever
changed the law of race and marriage in America.
The story of the Lovings and the case they took to the Supreme
Court involved a community, an extended family, and in particular
five main characters--the couple, two young attorneys, and a crusty
local judge who twice presided over their case--as well as such key
dimensions of political and cultural life as race, gender,
religion, law, identity, and family. In "Race, Sex, and the Freedom
to Marry," Peter Wallenstein brings these characters and their
legal travails to life, and situates them within the wider
context--even at the center--of American history. Along the way, he
untangles the arbitrary distinctions that long sorted out Americans
by racial identity--distinctions that changed over time, varied
across space, and could extend the reach of criminal law into the
most remote community. In light of the related legal arguments and
historical development, moreover, Wallenstein compares interracial
and same-sex marriage.
A fair amount is known about the saga of the Lovings and the
historic court decision that permitted them to be married and
remain free. And some of what is known, Wallenstein tells us, is
actually true. A detailed, in-depth account of the case, as
compelling for its legal and historical insights as for its human
drama, this book at long last clarifies the events and the
personalities that reconfigured race, marriage, and law in
America.
"No state . . . shall deny to any person within its jurisdiction
the equal protection of the laws." So says the Equal Protection
Clause of the U.S. Constitution, a document held dear by Carl
Cohen, a professor of philosophy and longtime champion of civil
liberties who has devoted most of his adult life to the University
of Michigan. So when Cohen discovered, after encountering some
resistance, how his school, in its admirable wish to increase
minority enrollment, was actually practicing a form of racial
discrimination--calling it "affirmative action"--he found himself
at odds with his longtime allies and colleagues in an effort to
defend the equal treatment of the races at his university. In "A
Conflict of Principles" Cohen tells the story of what happened at
Michigan, how racial preferences were devised and implemented
there, and what was at stake in the heated and divisive controversy
that ensued. He gives voice to the judicious and seldom heard
liberal argument against affirmative action in college admission
policies.
In the early 1970s, as a member of the Board of Directors of the
American Civil Liberties Union, Cohen vigorously supported programs
devised to encourage the recruitment of minorities in colleges, and
in private employment. But some of these efforts gave deliberate
preference to blacks and Hispanics seeking university admission,
and this Cohen recognized as a form of racism, however
well-meaning. In his book he recounts the fortunes of contested
affirmative action programs as they made their way through the
legal system to the Supreme Court, beginning with "DeFunis v.
Odegaard" (1974) at the University of Washington Law School, then
"Bakke v. Regents of the University of California" (1978) at the
Medical School on the UC Davis campus, and culminating at the
University of Michigan in the landmark cases of "Grutter v.
Bollinger" and "Gratz v. Bollinger" (2003). He recounts his role in
the initiation of the Michigan cases, explaining the many arguments
against racial preferences in college admissions. He presents a
principled case for the resultant amendment to the Michigan
constitution, of which he was a prominent advocate, which
prohibited preference by race in public employment and public
contracting, as well as in public education.
An eminently readable personal, consistently fair-minded account
of the principles and politics that come into play in the struggles
over affirmative action, "A Conflict of Principles" is a deeply
thoughtful and thought-provoking contribution to our national
conversation about race.
Whilst many of us would agree that human rights are more important
than corporate profits, the reality is often different; such
realities as child labour and environmental destruction caused by
corporate activities make this patently clear. Recognising that
balancing human rights and business interests can be problematic,
Corporate Accountability considers the limits of existing complaint
mechanisms and examines non-judicial alternatives for conflict
resolution. The innovative approach herein compiles both
long-standing international expertise and findings based on 25 key
interviews from experts and victims. In contrast to the current
literature, which tends to provide details on the functioning of
the mechanisms, this book delves further to examine the strengths
and weaknesses of each mechanism and provides criteria of
excellence for non-judicial grievance mechanisms. In doing so, it
provides a reality-check for corporate accountability worldwide.
Novel and thought provoking, Corporate Accountability will be a
captivating read for academics as well as companies interested in
human rights and corporate social responsibility. It will also
prove of interest to related state institutions such as development
agencies and other relevant ministries such as chambers of
commerce, trade unions, NGOs and civil society organisations.
Precedent is an important tool of judicial decision making and
reasoning in common law systems such as the United States. Instead
of having each court decide cases anew, the rule of precedent or
stares decisis dictates that similar cases should be decided
similarly. Adherence to precedent promotes several values,
including stability, reliability, and uniformity, and it also
serves to constrain judicial discretion. Yet while adherence to
precedent is important, there are some cases where the United
States Supreme Court does not follow it when it comes to
constitutional reasoning. Over time the US Supreme Court under its
different Chief Justices has approached rejection of its own
precedent in different ways and at varying rates of reversal. This
book examines the role of constitutional precedent in US Supreme
Court reasoning. The author surveys the entire history of the US
Supreme Court up until 2020, keying in on decisions regarding when
it chose to overturn its own constitutional precedent and why. He
explores how the US Supreme Court under its different Chief
Justices has approached constitutional precedents and justified its
reversal and quantifies which Courts have reversed the most
constitutional precedents and why. Constitutional Precedent in US
Supreme Court Reasoning is essential reading for law professors and
students interested in precedent and its role in legal reasoning.
Law libraries which will find this book of importance to their
collections on legal reasoning and analysis.
This timely Research Handbook offers a systematic and comprehensive
examination of the election laws of democratic nations. Through a
study of a range of different regimes of election law, it
illuminates the disparate choices that societies have made
concerning the benefits they wish their democratic institutions to
provide, the means by which such benefits are to be delivered, and
the underlying values, commitments, and conceptions of democratic
self-rule that inform these choices. Comparative Election Law
features a wide scope of coverage, from distribution of the
franchise, to candidate qualifications, to campaign speech and
finance, to election administration, and more. Contributions from a
range of expert scholars in the field are brought together to
tackle difficult problems surrounding the definition of the
democratic demos, as well as to lay bare important disjunctions
between democratic ideals and feasible democratic regimes in
practice. Furthermore, a comparative approach is also taken to
examine democratic regimes at a theoretical as well as a
descriptive level. Featuring key research in a vitally important
area, this Research Handbook will be crucial reading for academics
and students in a range of fields including comparative law, legal
theory, political science, political theory and democracy. It will
also be useful to politicians and government officials engaged in
election regulation, due to its excellent perspective on the range
of regulatory options and how to evaluate them.
A systematic and scholarly description of the principles of the
Roman law regarding slavery. "So great is the care, skill, and
accuracy with which his object has been carried out, we think it
will be long before any other writer, either at home or abroad
attempts to produce a rival work on this branch of law" (Marke
126). With appendices and a through index.
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