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

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.

For most of the twentieth century, the American founding has been presented as a struggle between social classes over issues arising primarily within, rather than outside, the United States. But in recent years, new scholarship has instead turned to the international history of the American union to interpret both the causes and the consequences of the US Constitution. In Perfecting the Union, Max M. Edling argues that the Constitution was created to defend US territorial integrity and the national interest from competitors in the western borderlands and on the Atlantic Ocean, and to defuse inter-state tension within the union. By replacing the defunct Articles of Confederation, the Constitution profoundly transformed the structure of the American union by making the national government more effective. But it did not transform the fundamental purpose of the union, which remained a political organization designed to manage inter-state and international relations. And in contrast to what many scholars claim, it was never meant to eclipse the state governments. The Constitution created a national government but did not significantly extend its remit. The result was a dual structure of government, in which the federal government and the states were both essential to the people's welfare. Getting the story about the Constitution straight matters, Edling claims, because it makes possible a broader assessment of the American founding as both a transformative event, aiming at territorial and economic expansion, and as a conservative event, aiming at the preservation of key elements of the colonial socio-political order.

The law and practice of EU external relations is governed not only by general objectives (Articles 3(5) and 21 TEU and Article 205 TFEU) and values (Article 2 TEU) but also by a set of principles found in the Treaties and developed by the Court of Justice, which structure the system, functioning and exercise of EU external competences. This book identifies a set of 'structural principles' as a legal norm-category governing EU external relations; it explores the scope, content and function of those principles that may be categorised as structural. With an ambitious scope, and a stellar line-up of experts in the field, the collection offers a truly innovative perspective on the role of law in EU external relations.

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

What private law avenues are open to victims of human rights violations? This innovative new collection explores this question across sixteen jurisdictions in the Global South and Global North. It examines existing mechanisms in domestic law for bringing civil claims in relation to the involvement of states, corporations and individuals in specific categories of human rights violation: (i) assault or unlawful arrest and detention of persons; (ii) environmental harm; and (iii) harmful or unfair labour conditions. Taking a truly global perspective, it assesses the question in jurisdictions as diverse as Kenya, Switzerland, the US and the Philippines. A much needed and important new statement on how to respond to human rights violations.

Based on legal-philosophical research, and informed by insights gleaned from empirical case studies, this book sets out three central claims about integration requirements as conditions for attaining increased rights (ie family migration, permanent residency and citizenship) in Europe: (1) That the recent proliferation of these (mandatory) integration requirements is rooted in a shift towards 'individualised' conceptions of integration. (2) That this shift is counterproductive as it creates barriers to participation and inclusion for newcomers (who will most likely permanently settle); and is normatively problematic insofar as it produces status hierarchies between native-born and immigrant citizens. (3) That the remedy for this situation is a firewall that disconnects integration policy from access to rights. The book draws on perspectives on immigrant integration in multiple EU Member States and includes legal and political reactions to the refugee/migrant crisis.

Focusing on the information economy, free trade exploitation, and confronting terrorist violence, Mark Findlay critiques law's regulatory commodification. Conventional legal regulatory modes such as theft and intellectual property are being challenged by waves of property access and use, which demand the rethinking of property 'rights' and their relationships with the law. Law's Regulatory Relevance? theorises how the law should reposition itself in order to help rather than hinder new pathways of market power, by confronting the dominant neo-liberal economic model that values property through scarcity. With in-depth analysis of empirical case studies, the author explores how law is returning to its communal utility in strengthening social ties, which will in turn restore property as social relations rather than market commodities. In a world of contested narratives about property valuing, law needs to ground its inherent regulatory relevance in the ordering of social change. This book is an essential read for students of law and regulation wanting to explore the contemporary dissent against neo-liberal market economies and the issues of communitarian governance and social resistance. It will also appeal to policy makers interested in law's failing regulatory capacity, particularly through criminalising attacks on conventional property rights, by offering insights into why law's regulatory relevance is at a cross-roads.