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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
The "superb" (The Guardian) biography of an American who stood
against all the forces of Gilded Age America to fight for civil
rights and economic freedom: Supreme Court Justice John Marshall
Harlan. They say that history is written by the victors. But not in
the case of the most famous dissenter on the Supreme Court. Almost
a century after his death, John Marshall Harlan's words helped end
segregation and gave us our civil rights and our modern economic
freedom. But his legacy would not have been possible without the
courage of Robert Harlan, a slave who John's father raised like a
son in the same household. After the Civil War, Robert emerges as a
political leader. With Black people holding power in the Republican
Party, it is Robert who helps John land his appointment to the
Supreme Court. At first, John is awed by his fellow justices, but
the country is changing. Northern whites are prepared to take away
black rights to appease the South. Giant trusts are monopolizing
entire industries. Against this onslaught, the Supreme Court seemed
all too willing to strip away civil rights and invalidate labor
protections. So as case after case comes before the court,
challenging his core values, John makes a fateful decision: He
breaks with his colleagues in fundamental ways, becoming the
nation's prime defender of the rights of Black people, immigrant
laborers, and people in distant lands occupied by the US. Harlan's
dissents, particularly in Plessy v. Ferguson, were widely read and
a source of hope for decades. Thurgood Marshall called Harlan's
Plessy dissent his "Bible"--and his legal roadmap to overturning
segregation. In the end, Harlan's words built the foundations for
the legal revolutions of the New Deal and Civil Rights eras.
Spanning from the Civil War to the Civil Rights movement and
beyond, The Great Dissenter is a "magnificent" (Douglas Brinkley)
and "thoroughly researched" (The New York Times) rendering of the
American legal system's most significant failures and most
inspiring successes.
The securitization that accompanied many national responses after
11 September 2001, along with the shortfalls of neo-liberalism,
created waves of opposition to the growth of the human rights
regime. By chronicling the continuing contest over the reach,
range, and regime of rights, Contracting Human Rights analyzes the
way forward in an era of many challenges. Through an examination of
both global and local challenges to human rights, including
loopholes, backlash, accountability, and new opportunities to move
forward, the expert contributors analyze trends across
multiple-issue areas. These include; international institutions,
humanitarian action, censorship and communications, discrimination,
human trafficking, counter-terrorism, corporate social
responsibility and civil society and social movements. The topical
chapters also provide a comprehensive review of the widening
citizenship gaps in human rights coverage for refugees, women?s
rights in patriarchal societies, and civil liberties in chronic
conflict. This timely study will be invaluable reading for
academics, upper-level undergraduates, and those studying graduate
courses relating to international relations, human rights, and
global governance. Contributors include: K. Ainley, G.
Andreopolous, C. Apodaca, P. Ayoub, Y. Bei, N. Bennett, K.
Caldwell, F. Cherif, M. Etter, J. Faust, S. Ganesh, F. Gomez Isa,
A. Jimenez-Bacardi, N. Katona, B. Linder, K. Lukas, J. Planitzer,
W. Sandholtz, G. Shafir, C. Stohl, M. Stohl, A. Vestergaard, C.
Wright
This timely book untangles the digital media jurisprudence of
supranational courts in Europe with a focus on the CJEU and the
ECtHR. It argues that in the face of regulatory tension and
uncertainty, courts can have a strong bearing on the applicable
rules and standards of digital media. Chapters written by expert
contributors explore the interpretative steps taken by the CJEU and
the ECtHR to solve arising legal issues, shedding light on their
interpretation and refinement of the applied rules. The book
provides fresh insights into the effects of European adjudication
on the content and scope of the rules enforced and examines the
ways in which the two European courts address the specificities of
digitalization and digital media in their rulings. It also
addresses the process of defining the constitutional boundaries of
digital media and the exercise of rights and freedoms therein,
focusing on digital media and the distinct challenges posed by
digitalization and digital communication. Digital Media Governance
and Supranational Courts will be a key resource for academics and
scholars of European and Constitutional law, fundamental rights and
digital transformation, as well as for students seeking a better
understanding of the contribution of the CJEU and the ECtHR to
digital media governance.
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Ecclesiastical Law; 3
(Hardcover)
Richard 1709-1785 Burn; Created by John 1735-1826 Adams, Boston Public Library) John Adams Lib
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R1,109
Discovery Miles 11 090
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Ships in 12 - 19 working days
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Over the past two decades Global Legal Pluralism has become one of
the leading analytical frameworks for understanding and
conceptualizing law in the 21st century. Wherever one looks, there
is conflict among multiple legal regimes. Some of these regimes are
state-based, some are built and maintained by non-state actors,
some fall within the purview of local authorities and
jurisdictional entities, and some involve international courts,
tribunals, and arbitral bodies, and regulatory organizations.
Global Legal Pluralism has provided, first and foremost, a set of
useful analytical tools for describing this conflict among legal
and quasi-legal systems. At the same time, some pluralists have
also ventured in a more normative direction, suggesting that legal
systems might sometimes purposely create legal procedures,
institutions, and practices that encourage interaction among
multiple communities. These scholars argue that pluralist
approaches can help foster more shared participation in the
practices of law, more dialogue across difference, and more respect
for diversity without requiring assimilation and uniformity.
Despite the veritable explosion of scholarly work on legal
pluralism, conflicts of law, soft law, global constitutionalism,
the relationships among relative authorities, transnational
migration, and the fragmentation and reinforcement of territorial
boundaries, no single work has sought to bring together these
various scholarly strands, place them into dialogue with each
other, or connect them with the foundational legal pluralism
research produced by historians, anthropologists, and political
theorists. Paul Schiff Berman, one of the world's leading theorists
of Global Legal Pluralism, has gathered over 40 diverse authors
from multiple countries and multiple scholarly disciplines to touch
on nearly every area of legal pluralism research, offering
defenses, critiques, and applications of legal pluralism to
21st-century legal analysis. Berman also provides introductions to
every part of the book, helping to frame the various approaches and
perspectives. The result is the first comprehensive review of
Global Legal Pluralism scholarship ever produced. This book will be
a must-have for scholars and students seeking to understand the
insights of legal pluralism to contemporary debates about law. At
the same time, this volume will help energize and engage the field
of Global Legal Pluralism and push this scholarly trajectory
forward into another two decades of innovation.
This collection of specially commissioned chapters takes one of the
oldest theoretical approaches on federalism in the law and puts it
in the service of the new empirically minded law and economics. A
federalist structure, at least in principle, allows for
quasi-experimental examinations and evaluations of the effects of
various policies that would be more difficult in unitary systems.
Although legal scholars have talked about this topic for decades,
rarely has the law and economics literature treated federalism
empirically in such a systematic and useful way. The Law and
Economics of Federalism begins with a generalized discussion of US
federalism in the environmental context and in social welfare
programs. Additionally, new empirical work is provided on the
effect of state regulations on entrepreneurism, consumer protection
law and crime policies. Expert contributors then turn to an
analysis of inter-jurisdictional arrangements on the development of
Native American communities, as well as the interplay among the
levels of government on budgetary issues. Lastly, the book
addresses the notable dearth of empirical analysis of federalism in
the EU with an illuminating analysis of the EU's institutional
background that will spur comparable empirical work in the future.
This unique study offers valuable insights on federalism that will
be welcomed by students and academics in law and economics. The
innovative proposals on federalism as a vehicle for the empirical
identification of policy effects will be of great interest to
policymakers. Contributors include: T.L. Anderson, M.P. Bitler,
J.A. Dove, M. Faure, R.K. Fleck, B. Galle, J.B. Gelbach, F.A.
Hanson, J. Klick, D. Parker, R.S. Sobel, J.D. Wright, M. Zavodny
Title 20 presents regulations promulgated by the Department of
Labor, Railroad Retirement Board, and the Social Security
Administration to govern employees' benefits. These include
workers' compensation programs, employment and training, and
veterans' services. Additions and revisions to this section of the
code are posted annually by April. Publication follows within six
months.
Twenty-five years after the introduction of European citizenship,
it seems as though the EU has overreached itself. In its current
state the EU provokes much negative political reaction among its
citizens. Conversely, interest in European issues has increased
during the crisis, pro-European social movements have emerged and
new debates on reforms of the Union?s architecture are flaring up.
Through updated and integrated multidisciplinary research this book
reconsiders the contradictions and constraints, as well as the
promises and prospects, for the future of EU citizenship. With
chapters from leading researchers in the field, Reconsidering EU
Citizenship is an innovative contribution to the lively debate on
European and transnational citizenship. Bringing together policy
research and reflections from political theory, this book offers an
up-to-date critique of the current state of EU citizenship as well
as new insights for its future. As citizenship rights issues become
more prominent on the EU policy-making agenda, Reconsidering EU
Citizenship will be an invaluable resource to students of EU policy
as well as policy-makers and practitioners in the field.
Contributors include: F. Cheneval, H. Dean, O. Eberl, M. Ferrin, V.
Hlousek, M. Hoogenboom, J. Komarek, V. Koska, M. Prak, S. Seubert,
C. Strunck, P. van Parijs, F. Van Waarden
The practice of armed conflict has changed radically in the last
decade. With eminent contributors from legal, government and
military backgrounds, this Research Handbook addresses the legal
implications of remote warfare and its significance for combatants,
civilians, policymakers and international lawyers. Primarily
focused on the legality of all forms of remote warfare, including
targeted killings by drone, cyber-attacks, and autonomous weapons,
each chapter gives a compelling insight beyond the standard and
reactionary criticisms of these technologies. Current assumptions
of remote warfare are challenged and discussed from a variety of
international perspectives. These include governing the use of
force, humanitarian law, criminal law, and human rights law.
Contributors consider the essential features of current warfare
regulations, and test their strength for controlling these new
technologies. Suggestions are made for the future development of
law to control the limits of modern remote warfare, with a
particular focus on the possibility of autonomous weapons. This is
an essential read for academics and students of jus ad bellum,
international humanitarian law, criminal law and human rights.
Students of political science, governance and military studies will
also find this a thought-provoking insight into modern warfare
techniques and the complex legal issues they create. Contributors
include: W. Banks, G. Corn, E. Crawford, A. Cullen, L.
Davies-Bright, G. Gaggioli, R. Geiss, T.D. Gill, R. Heinsch, I.S.
Henderson, P. Keane, M. Klamberg, H. Lahmann, J. Liddy, P.
Margulies, M.W. Meier, J.D. Ohlin, M. Roorda, J. van Haaster, N.
White
This comprehensive Commentary provides the first fully up-to-date
analysis and interpretation of the Council of Europe Convention on
Action against Trafficking in Human Beings. It offers a concise yet
thorough article-by-article guide to the Convention's
anti-trafficking standards and corresponding human rights
obligations. This Commentary includes an analysis of each article's
drafting history, alongside a contextualisation of its provisions
with other anti-trafficking standards and a discussion of the core
issues of interpretation. The Commentary also presents the first
full exploration of the findings of the Convention's monitoring
body, the Group of Experts on Action against Trafficking in Human
Beings (GRETA), providing a better understanding of the practical
implications and challenges in relation to the Convention's
standards. Practitioners in the field of anti-trafficking,
including lawyers, law enforcement agencies and providers of victim
support services will find the Commentary's concise analysis
invaluable. It will also prove useful to researchers and students
of human rights law, as well as to policymakers looking for
guidance concerning obligations stemming from the Convention.
Title 3 presents regulations for the handling and dissemination of
Presidential documents and the standards of conduct, public
information provisions, and the enforcement of non-discrimination
on the basis of handicap applicable to the Executive Office of the
President. Additions and revisions to this section of the code are
posted annually by January. Publication follows within six months.
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