In this bold and timely work, law professor Jeffrey Shulman argues that the United States Constitution does not protect a fundamental right to parent. Based on a rigorous reconsideration of the historical record, Shulman challenges the notion, held by academics and the general public alike, that parental rights have a long-standing legal pedigree. What is deeply rooted in our legal tradition and social conscience, Shulman demonstrates, is the idea that the state entrusts parents with custody of the child, and it does so only as long as parents meet their fiduciary duty to serve the developmental needs of the child. Shulman's illuminating account of American legal history is of more than academic interest. If once again we treat parenting as a delegated responsibility-as a sacred trust, not a sacred right-we will not all reach the same legal prescriptions, but we might be more willing to consider how time-honored principles of family law can effectively accommodate the evolving interests of parent, child, and state.

Joseph Story's famous and influential review of the origins, influences, and early interpretations of the U.S. Constitution is now presented in the author's own 1833 Abridged Edition-considered the most useful and readable version of this important work, from the Supreme Court's youngest Justice. The new, affordable hardcover edition adds a 2013 introduction by Kermit Roosevelt III. One of the United States' most influential legal scholars and jurists, Joseph Story wrote his landmark treatise before the Civil War, describing federalism, states' histories, freedoms, and constitutional structure. He abridged it into this usable book. Adding an informative foreword by constitutional scholar Kermit Roosevelt III of the University of Pennsylvania Law School, the Quid Pro edition features modern and readable formatting (compared to mere photocopies of the original, with its expansive and dated print size), as well as embedded pagination from the original, for continuity of referencing and citation. Professor Roosevelt catalogs many instances in which the current Court has relied on this book to decide issues of gun rights, federalism, and privacy. In addition, he provides a fascinating biographical summary of Story and describes the origins of this monumental work, as well as the influence it has had on legal history since 1833. Part of the Legal Legends Series from Quid Pro Books. The series also includes legendary works, in quality ebook and print formats, from Oliver Wendell Holmes, Louis Brandeis, Roscoe Pound, Benjamin Cardozo, Thomas Reed Powell, John Chipman Gray, Woodrow Wilson, and Karl Llewellyn. These editions are introduced and explained by today's recognized scholars in the field, and they exhibit a care in reproduction and presentation often lacking in modern republications of historic books.

This book aims to give readers an insight into two dynamics that influence the phenomenon of autonomous public bodies (APBs) in the European legal sphere today. Stephanie De Somer first studies both phenomena-EU impulse and national restraint-as standalone trends and then addresses the tensions between them. The first trend covers EU legislation that obliges Member States to entrust the implementation of substantive supranational rules to entities that enjoy a considerable degree of autonomy vis-a-vis central government institutions. The second trend refers to a counter-movement at the national level, where initiatives have been taken to rationalize and restrain the use of APBs. Central to the book is the somewhat controversial question of whether the EU, which is itself often criticized for lacking democratic legitimacy, is disregarding fundamental principles regarding the democratic legitimacy of national administrations when imposing these institutional obligations on its Member States. As far as domestic law is concerned, the book offers an integrated approach that truly compares national legal systems. De Somer also incorporates the results of in-depth interviews with representatives of APBs in different Member States. Focusing on these two contemporary trends, this book demonstrates the extent to which two fundamental systems of rules and principles increasingly influence and transform the phenomenon of APBs This book is relevant not only for legal academia, but also for scholars working in the fields of political science and public administration. National legislatures, governments, regulatory bodies, data protection authorities and other APBs may also find this book useful.

Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?

This book provides a practical handbook for legislation. Written by a team of experts, practitioners and scholars, it invites national institutions to apply its teachings in the context of their own drafting manuals and laws. Analysis focuses on general principles and best practice within the context of the different systems of government in Europe. Questions explored include subsidiarity, legitimacy, efficacy, effectiveness, efficiency, proportionality, monitoring and regulatory impact assessment. Taking a practical approach which starts from evidence-based rationality, it represents essential reading for all practitioners in the field of legislative drafting.

This is a truly excellent book: wide-ranging, meticulous scholarship, very well written and easy to read. It should be on the desks of every senior civil servant, government lawyer and politician in every African country. After this book, there is no excuse for not having in place the necessary legal framework and equally important, for not using that legal framework to combat corruption.' - Patrick McAuslan, Birkbeck University of London, UKDrawing on numerous recent examples of good and bad practice from around the continent, this insightful volume explores the legal issues involved in developing and enhancing good governance and accountability within African states, as well as addressing the need for other states worldwide to demonstrate the 'transnational political will' to support these efforts. John Hatchard considers the need for good governance, accountability and integrity in both the public and private sector. He studies how these issues are reflected in both the African Union Convention on Preventing and Combating Corruption and the United Nations Convention Against Corruption. The book demonstrates that despite the vast majority of African states being party to these conventions, in practice, many of them continue to experience problems of bad governance, corporate bribery and the looting of state assets. It explores how the 'art of persuasion' can help develop the necessary political will through which to address these challenges at both the national and transnational levels. This unique and influential book will be of worldwide interest to those studying law, politics or business, as well as legal practitioners, policymakers, senior public officials, parliamentarians, law reformers, civil society organizations and the corporate sector. Contents: Introduction 1. Setting the Scene: Law and Persuasion 2. Law and Governance in Africa: Supporting Integrity and Combating Corruption 3. Preventive Measures: Maintaining Integrity in the Public Service 4. When Things Go Wrong: Addressing Integrity Problems in the Public Service 5. Constitutions, Constitutional Rights and Combating Corruption: Exploring the Links 6. Investigating and Prosecuting Corruption Related Offences: Challenges and Realities 7. National Anti-corruption Bodies: A Key Good Governance Requirement? 8. Judges: Independence, Integrity and Accountability 9. Combating Corruption: 'Persuasion' and the Private Sector 10. Preventing the Looting of State Assets: Combating Corruption-Related Money Laundering 11. Preventing Public Officials from Enjoying their Proceeds of Corruption 12. Law, Political Will and the Art of Persuasion Bibliography Index

In 1981, decades before mainstream America elected Barack Obama, James Chase became the first African American mayor of Spokane, Washington, with the overwhelming support of a majority-white electorate. Chase's win failed to capture the attention of historians--as had the century-long evolution of the black community in Spokane. In "Black Spokane: The Civil Rights Struggle in the Inland Northwest," Dwayne A. Mack corrects this oversight--and recovers a crucial chapter in the history of race relations and civil rights in America.
As early as the 1880s, Spokane was a destination for black settlers escaping the racial oppression in the South--settlers who over the following decades built an infrastructure of churches, businesses, and social organizations to serve the black community. Drawing on oral histories, interviews, newspapers, and a rich array of other primary sources, Mack sets the stage for the years following World War II in the Inland Northwest, when an influx of black veterans would bring about a new era of racial issues. His book traces the earliest challenges faced by the NAACP and a small but sympathetic white population as Spokane became a significant part of the national civil rights struggle. International superstars such as Louis "Satchmo" Armstrong and Hazel Scott figure in this story, along with charismatic local preachers, entrepreneurs, and lawyers who stepped forward as civic leaders.
These individuals' contributions, and the black community's encounters with racism, offer a view of the complexity of race relations in a city and a region not recognized historically as centers of racial strife. But in matters of race--from the first migration of black settlers to Spokane, through the politics of the Cold War and the civil rights movement, to the successes of the 1970s and '80s--Mack shows that Spokane has a story to tell, one that this book at long last incorporates into the larger history of twentieth-century America.

Constitutional orders constitute political communities - and international orders deriving from them - by managing conflicts that threaten peace. This book explores how a European political community can be advanced through EU constitutional law. The constitutional role of the Union is to ensure peace by addressing two types of conflict. The first are static conflicts of interests between the national polities in the EU. These are avoided by ensuring reciprocal non-interference between Member States in the Union through deregulation in Union law. The second are dynamic conflicts of ideas about positive liberty held by the peoples of Europe. These can be resolved through regulation in a European political space. Here, EU law enables a continuous process of re-negotiating a shared European idea of positive liberty that can be accepted as its own by each national polity in the EU. These solutions to the two types of conflicts correspond to the liberal and republican models for Europe. The claim of this book is that the constitutional design of Europe presents both liberal and republican features. Taking an innovative approach, which draws on arguments from substantive law, constitutional theory, case law analysis, insights from psychology and philosophy, it identifies how best to strengthen the Union through constitutional law.

Beginning in 1803, and continuing for several decades, the Ohio legislature enacted what came to be known as the Black Laws. These laws instituted barriers to blacks entering the state and placed limits on black testimony against whites. Stephen Middleton tells the story of this racial oppression in Ohio and provides chilling episodes of how blacks asserted their freedom from the enactment of the Black Laws until the adoption of the Fourteenth Amendment. The fastest-growing state in antebellum America and the destination of whites from the north and the south, Ohio also became the destination for thousands of southern blacks, free and fugitive. Thus, nineteenth-century Ohio became a legal battleground for two powerful and far-reaching impulses in the history of race and law in America. One was the use of state power to further racial discrimination and the other was the thirst of African Americans, and their white allies, for equality under the law for all Americans. The state could never stop the steady stream of blacks crossing the Ohio River to freedom. In time, black and white leaders arose to challenge the laws and by 1849 the firewall built to separate the races began to collapse. The last vestiges of Ohio's Black Laws were repealed in a bill written by a black legislator in 1886. Written in a clear and compelling style, this path-breaking study of Ohio's early racial experience will be required reading for a broad audience of historians, legal scholars, students, and those interested in the struggle for civil rights in America.Stephen Middleton is a member of the history department at North Carolina State University. He is the author of Ohio and the Antislavery Activities ofSalmon P. Chase, The Black Laws in the Old Northwest: A Documentary History, and Black Congressmen During Reconstruction: A Documentary Sourcebook.

The question of supranational citizenship is one of the more controversial in EU law. It is politically contested, the object of prominent court rulings and the subject of intense academic debates. This important new collection examines this vexed question, paying particular attention to the Court of Justice. Offering analytical readings of the key cases, it also examines those political, social and normative factors which influence the evolution of citizens' rights. This examination is not only timely but essential given the prominence of citizen rights in recent political debates, including in the Brexit referendum. All of these questions will be explored with a special emphasis on the interplay between immigration from third countries and rules on Union citizenship.

"Sin imaginarlo otra vida comenzaba para nosotros como para otros miles o millones de cubanos comenzaba la diaspora a esparcirse por el mundo buscando lo mas elemental para vivir, un trabajo, un pan, un alero. Igual que cuando salimos de Cuba no tenia idea de lo que estaba pasando cumplia con mis responsabilidades sacaba los grados de la escuela vivia como cualquiera otra hija de vecina, algunas veces iba al cine hoy Teatro Trial o con las companeras de la escuela al Orange Bowl para algun juego. Un dia me montaron en un avion destino: Caracas, la sucursal del cielo. Venezuela. Hoy cuando he jurado respetar la constitucion y leyes de esta republica de alguna manera me pregunto porque el destino me jugo esta partida de ser y no ser, de tener y no tener, de ser de aqui pero ser de alla un poco como no ser de ninguna parte de un libreto que me toco vivir gracias a Dios por todo esto, a mi hermano, su esposa, mis hijos, los hijos del Sr Smith, a mis dos sobrinos a mis amigos que me ayudaron a correr este camino largo y dificil de la mejor manera. Tambien al Sr Smith mi companero inseparable de tantos anos, algunas veces alumno otras maestro siempre con su espiritu de manana sera mejor que hoy tambien hizo posible este fin de etapa.""

In the 1830s, the French aristocrat Alexis de Tocqueville wrote that 'insufferable despotism' would prevail if America ever acquired a national administrative state. Today's Tea Partiers evidently believe that, after a great wrong turn in the early twentieth century, Tocqueville's nightmare has come true. In those years, it seems, a group of radicals, seduced by alien ideologies, created vast bureaucracies that continue to trample on individual freedom. Tocqueville's Nightmare, shows, to the contrary, that the nation's best corporate lawyers were among the creators of 'commission government,' that supporters were more interested in purging government of corruption than creating a socialist utopia, and that the principles of individual rights, limited government, and due process were designed into the administrative state. Far from following 'un-American' models, American statebuilders rejected the leading European scheme for constraining government, the Rechtsstaat, a state of rules. Instead, they looked to an Anglo-American tradition that equated the rule of law with the rule of courts and counted on judges to review the bases for administrators' decisions aggressively. Soon, however, even judges realized that strict judicial review shifted to generalist courts decisions best left to experts. The most masterful judges, including Charles Evans Hughes, Chief Justice of the United States from 1930 to 1941, ultimately decided that a 'day in court' was unnecessary if individuals had already had a 'day in commission' where the fundamentals of due process and fair play prevailed. Not only did this procedural notion of the rule of law solve the judges' puzzle of reconciling bureaucracy and freedom; it also assured lawyers that their expertise in the ways of the courts would remain valuable and professional politicians that presidents would not use administratively distributed largess as an independent source of political power.