This is a book about the dynamics of the aspirational society. It explores the boundaries of permissible thought--deviations and transgressions that create constant innovations. When confronted with a problem, an innovative mind struggles and brings forth something distinctive--new ideas, new inventions, and new programs based on unconventional approaches to solve the problem. But this can be done only if the culture creates large breathing spaces by leaving people alone, not as a matter of state generosity but as something fundamental in being an American. Consequently, the Constitutional mandate of "Congress shall make no law..." has encouraged fearless speech, unrestrained thought, and endless experimentation leading to newer developments in science, technology, the arts, and not least socio-political relations. Most of all, the First Freedoms liberate the mind from irrational fears and encourage an environment of divergent thinking, non-conformity, and resistance to a collective mindset. The First Freedoms encourage Americans to be iconoclastic, to be creatively crazy, to be impure, thus, enabling them to mix and re-mix ideas to design new technologies and cultural forms and platforms, anything from experimental social relations and big data explorations to electing our first black president.

In Frontiers of Gender Equality, editor Rebecca Cook enlarges the chorus of voices to introduce new and different discourses about the wrongs of gender discrimination and to explain the multiple dimensions of gender equality. This volume demonstrates that the wrongs of discrimination can best be understood from the perspective of the discriminated, and that gender discrimination persists and grows in new and different contexts, widening the gap between the principle of gender equality and its realization, particularly for subgroups of women and LGBTQ+ peoples. Frontiers of Gender Equality provides retrospective views of the struggles to eliminate gender discrimination in national courts and international human rights treaties. Focusing on gender equality enables comparisons and contrasts among these regimes to better understand how they reinforce gender equality norms. Different regional and international treaties are examined, those in the forefront of advancing gender equality, those that are promising but little known, and those whose focus includes economic, social, and cultural rights, to explore why some struggles were successful and others less so. The book illustrates how gender discrimination continues to be normalized and camouflaged, and how it intersects with other axes of subordination, such as indigeneity, religion, and poverty, to create new forms of intersectional discrimination. With the benefit of hindsight, the book's contributors reconstruct gender equalities in concrete situations. Given the increasingly porous exchanges between domestic and international law, various national, regional, and international decisions and texts are examined to determine how better to breathe life into equality from the perspectives, for instance, of Indigenous and Muslim women, those who were violated sexually and physically, and those needing access to necessary health care, including abortion. The conclusion suggests areas of future research, including how to translate the concept of intersectionality into normative and institutional settings, which will assist in promoting the goals of gender equality.

." . . the real source of his Cooley's] fame. This book originated from the need of introducing a course on Constitutional Law in the school. . . . The text was developed as a basis for lectures. . . . His discussion attained immediate fame and his views and suggestions practically dominated American Constitutional Law. . . . Like Blackstone, Pomeroy and many other legal works, the influence of Constitutional Limitations rests partly upon literary qualities, upon clarity and grace of unaffected statement." --James G. Rogers, American Bar Leaders 70."The most influential work ever published on American Constitutional law." --Edward S. Corwin, Constitutional Revolution 87.Thomas McIntyre Cooley 1824-1898] was a justice of the Michigan Supreme Court and was appointed by President Grover Cleveland to serve on the Interstate Commerce Commission. He was a visiting professor at Johns Hopkins University and dean of the University of Michigan Law School. First issued in 1870, his edition of Blackstone, popularly known as "Cooley's Blackstone," was the standard American edition of the late nineteenth century. Some of his other influential publications are A Treatise on the Law of Taxation (1876) and A Treatise on the Law of Torts or the Wrongs Which Arise Independently of Contract (1878). Thomas M. Cooley Law School in Lansing, Michigan, founded in 1972, was named in his honor.

Constitutions serve to delineate state powers and enshrine basic rights. Such matters are hardly uncontroversial, but perhaps even more controversial are the questions of who (should) uphold(s) the Constitution and how constitutional review is organised. These two questions are the subject of this book by Maartje de Visser, which offers a comprehensive, comparative analysis of how 11 representative European countries answer these questions, as well as a critical appraisal of the EU legal order in light of these national experiences. Where possible, the book endeavours to identify Europe's common and diverse constitutional traditions of constitutional review. The raison d'etre, jurisdiction and composition of constitutional courts are explored and so too are core features of the constitutional adjudicatory process. Yet, this book also deliberately draws attention to the role of non-judicial actors in upholding the Constitution, as well as the complex interplay amongst constitutional courts and other actors at the national and European level. The Member States featured are: Belgium, the Czech Republic, Finland, France, Germany, Italy, Hungary, the Netherlands, Spain, Poland, and the United Kingdom. This book is intended for practitioners, academics and students with an interest in (European) constitutional law.

Kazakhstan finds itself at the crossroads of political, economic, social and cultural relations between the East and West. Constituting a bridge between Europe and Asia, uniting more than 100 different ethnic and religious groups and possessing huge territory with abundant natural resources, it is a unique country with enormous potential to grow in stature on the world's stage. This book is the first-ever comprehensive overview of the legal system of Kazakhstan in English. It offers a compact, coherent, systematic and reliable overview of the major legal concepts, principles and developments of the legal system of Kazakhstan. Sixteen chapters, each written by an expert in the respective field, cover the following specific areas of the Kazakhstani legal system: Legal History of Kazakhstan; Basic Features of the Legal System (Comparative Perspective and Sources of Law); Legal Education and Science in Kazakhstan; Constitutional Law; Administrative Law; Law of Persons; Property Law; Law of Obligations; Family and Inheritance Law; Labor Law; Private International Law; Civil Procedure; Criminal Law; Criminal Procedure; Investment and Energy Law; Tax Law.

For a range of reasons - including internal and external pressures - the constitutional arrangements in many countries are changing. Constitutional change may be: formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind; or informal and organic, as where court decisions affect the operation of the system of government, or where new administrative and other arrangements (e.g. agencification) affect or articulate or alter the operation of the Constitution of the country, without the need for government to resort to legislation. This book explores how Constitutions change and are changed in a number of countries, and how the 'Constitution' of the EU changes and is changed. The countries in this study include - from the EU - a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems, and a hybrid one (France). Chapters on non-EU countries include two on developing countries (India and South Africa), two on common law countries without written constitutions (Israel and New Zealand), a presidential system (the US), and three federal ones (the US, Canada, and Switzerland). In the final chapter, the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.

Analyzes the history of enslaved African Americans' relationship with the criminal courts of the Old Dominion during a 160-year period. Schwarz's study is based on more than 4,000 trials from the colonial, early national, and antebellum periods. This book provides a fascinating portrayal of slave culture and slave resistance to white Society, not only as a means of resistance against oppression, but also as a means of individual empowerment.

Originally published: Chapel Hill: The University of North Carolina Press, 1940. viii, 436 pp. This was the first comprehensive treatise on the legal status of the African-American as interpreted by United States courts in cases involving civil rights and citizenship. Some of the topics examined in this work are land ownership, involuntary servitude, segregation, failure to provide accommodations in charitable and penal institutions, interracial marriage, illegitimate offspring and adoption, as well as consideration of such factors as mob domination at trials of African-Americans, race discrimination in jury selection, racial prejudice of jurors, the voting franchise during reconstruction and its aftermath and attempts to keep African-Americans away from the polls. While lacking a table of cases per se, the treatise is well-annotated with citations to relevant cases, and includes a bibliography and index.
Charles S. Mangum, Jr. 1902-1980] was a Research Fellow at the University of North Carolina. His other notable work is The Legal Status of the Tenant Farmer in the Southeast (1952).
"An enormous compendium of cases, it is a product of sound and painstaking scholarship, brilliant in design, thorough in execution, and deft in style." -Jerome H. Springarn, Columbia Law Review (1940) 40:1118

House of Lords reform is often characterised as unfinished business: a riddle that has been left unanswered since 1911. But rarely can an unanswered riddle have had so many answers offered, even though few have been accepted; indeed, when Viscount Cave was invited in the mid-1920s to lead a Cabinet committee on Lords reform, he complained of finding 'the ground covered by an embarrassing mass of proposals'.That embarrassing mass increased throughout the twentieth century. Much ink has been spilled on what should be done with the upper House of Parliament; much less ink has been expended on why reform has been so difficult to achieve. This book analyses in detail the principal attempts to reform the House of Lords. Starting with the Parliament Act of 1911 the book examines the century of non-reform that followed, drawing upon substantial archival sources, many of which have been under-utilised until now. These sources challenge many of the existing understandings of the history of House of Lords reform and the reasons for success or failure of reform attempts. The book begins by arguing against the popular idea that the 1911 Act was intended by its supporters to be a temporary measure. 'No one - peers included - should be allowed to pronounce about the future of the House of Lords without reading Chris Ballinger's authoritative, shrewd and readable account about reform attempts over the past century. He punctures several widely-held myths and claims in the current debate.' Rt Hon Peter Riddell CBE Director, Institute for Government and former Hansard Society chair 'This is at once an impeccably researched academic study, and a thoroughly readable account loaded with lessons for today's would-be Lords reformers.' Lord (David) Lipsey

Arguing about matters of public policy is ubiquitous in democracies. The ability to resolve conflicts through peaceful contestation is a measure of any well-ordered society. Arguing is almost as ubiquitous in international affairs, yet it is not viewed as an important element of world order. In The Power of Deliberation: International Law, Politics and Organizations, Ian Johnstone challenges the assumption that arguing is mere lip service with no real impact on the behavior of states or the structure of the international system. Johnstone focuses on legal argumentation and asks why, if the rhetoric of law is inconsequential, governments and other international actors bother engaging in it.
Johnstone joins the efforts of international relations scholars and democracy theorists who consider why argumentation occurs beyond nation states. He focuses on deliberation in and around international organizations, drawing on various strands of legal, political and international relations theory to identify common features of legal argumentation and deliberative politics. Johnstone's central claim is that international organizations are places where "interpretive communities" coalesce, and the quality of the deliberations these communities provoke is a measure of the legitimacy of the organization.

Constitutional amendments, like all laws, may lead to unanticipated and even undesired outcomes. In this collection of original essays, a team of distinguished historians, political scientists, and legal scholars led by award-winning constitutional historian David E. Kyvig examines significant instances in which reform produced something other than the foreseen result. An opening essay examines the intentions of the Constitution's framers in creating an amending mechanism and then explores unexpected uses of that instrument. Thereafter, authors focus on the Bill of Rights and subsequent amendments, addressing such subjects as criminal justice procedures, the presidential election system, the Civil War's impact on race and gender relations, the experiment in national prohibition, women's suffrage, and, finally, limits on the presidency. Together these contributions illuminate aspects of constitutional stability and evolution, challenging current thinking about reform within the formal system of change provided by Article V of the Constitution. Forcefully demonstrating that constitutional law is not immune to unanticipated consequences, the eight scholars underscore the need for care, responsibility, and historical awareness in altering the nation's fundamental law.

Global politics has transformed in recent years due to a rise in nationalist ideology, the breakdown of multiple societies, and even nation-state legitimacy. The nation-state, arguably, has been in question for much of the digital age, as citizens become transnational and claim loyalty to many different groups, causes, and in some cases, states. Thus, politics that accompany diasporic communities have become increasingly important focal points of comparative and political science research. Global Diaspora Politics and Social Movements: Emerging Research and Opportunities provides innovative insights into the dispersion of political and social groups across the world through various research methods such as case studies. This publication examines migration politics, security policy, and social movements. It is designed for academicians, policymakers, government officials, researchers, and students, and covers topics centered on the distribution of social groups and political groups.

The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds--Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler and Richard Ford, among others--the book tackles a wide range of issues, including the challenge of new technologies, presidential power, international human rights, religious liberty, freedom of speech, voting, reproductive rights, and economic rights. The Constitution in 2020 calls on liberals to articulate their constitutional vision in a way that can command the confidence of ordinary Americans.

Who are "The Legal Warriors" in this book? Some might think these are lawyers. But that is wrong. The real Legal Warriors in this book are the poor individuals and families who daily struggle to gain their rights. The real Legal Warriors are their community groups fighting for justice and improvements in society. These fighters include families struggling to save their homes from foreclosure. They are the neighborhood organizations combatting the industrial polluters who poison our water and air. They are the soldiers who skirmish to keep their gas and lights on. They are newcomers who come to our region to seek a "fresh start in life." These are only some of the legal warriors that I have been privileged to serve in my fifty years of legal work. To all of them I say thank you for sharing your battles with me. This book is dedicated to you. I pray and hope that the Good Lord blesses you and your communities with many well-deserved legal victories in all of your struggles.

This book addresses a seemingly paradoxical situation. On the one hand, nationalism from Scotland to the Ukraine remains a resilient political dynamic, fostering secessionist movements below the level of the state. On the other, the competence and capacity of states, and indeed the coherence of nationalism as an ideology, are increasingly challenged by patterns of globalisation in commerce, cultural communication and constitutional authority beyond the state. It is the aim of this book to shed light on the relationship between these two processes, addressing why the political currency of nationalism remains strong even when the salience of its objective - independent and autonomous statehood - becomes ever more attenuated. The book takes an interdisciplinary approach both within law and beyond, with contributions from international law, constitutional law, constitutional theory, history, political science and sociology. The challenge for our time is considerable. Global networks grow ever more sophisticated while territorial borders, such as those in Eastern and Central Europe, become seemingly more unstable. It is hoped that this book, by bringing together areas of scholarship which have not communicated with one another as much as they might, will help develop an ongoing dialogue across disciplines with which better to understand these challenging, and potentially destabilising, developments.

For decades, administrations of both political parties have used cost-benefit analysis to evaluate and improve federal policy in a variety of areas, including health and the environment. Today, this model is under grave threat. In Reviving Rationality, Michael Livermore and Richard Revesz explain how Donald Trump has destabilized the decades-long bipartisan consensus that federal agencies must base their decisions on evidence, expertise, and analysis. Administrative agencies are charged by law with protecting values like stable financial markets and clean air. Their decisions often have profound consequences, affecting everything from the safety of workplaces to access to the dream of home ownership. Under the Trump administration, agencies have been hampered in their ability to advance these missions by the conflicting ideological whims of a changing cast of political appointees and overwhelming pressure from well-connected interest groups. Inconvenient evidence has been ignored, experts have been sidelined, and analysis has been used to obscure facts, rather than inform the public. The results are grim: incoherent policy, social division, defeats in court, a demoralized federal workforce, and a loss of faith in government's ability to respond to pressing problems. This experiment in abandoning the norms of good governance has been a disaster. Reviving Rationality explains how and why our government has abandoned rationality in recent years, and why it is so important for future administrations to restore rigorous cost-benefit analysis if we are to return to a policymaking approach that effectively tackles the most pressing problems of our era.