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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.
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.
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
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 provocative book investigates the relationship between law and artificial intelligence (AI) governance, and the need for new and innovative approaches to regulating AI and big data in ways that go beyond market concerns alone and look to sustainability and social good. Taking a multidisciplinary approach, the contributors demonstrate the interplay between various research methods, and policy motivations, to show that law-based regulation and governance of AI is vital to efforts at ensuring justice, trust in administrative and contractual processes, and inclusive social cohesion in our increasingly technologically-driven societies. The book provides valuable insights on the new challenges posed by a rapid reliance on AI and big data, from data protection regimes around sensitive personal data, to blockchain and smart contracts, platform data reuse, IP rights and limitations, and many other crucial concerns for law's interventions. The book also engages with concerns about the 'surveillance society', for example regarding contact tracing technology used during the Covid-19 pandemic. The analytical approach provided will make this an excellent resource for scholars and educators, legal practitioners (from constitutional law to contract law) and policy makers within regulation and governance. The empirical case studies will also be of great interest to scholars of technology law and public policy. The regulatory community will find this collection offers an influential case for law's relevance in giving institutional enforceability to ethics and principled design.
"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.""
Truth commission recommendations are critical to their legacies, yet there is little research examining their fates. Based on fieldwork that is unprecedented in scope, this double-volume project provides the first systematic study of the formulation and implementation of the recommendations of 13 Latin American truth commissions.Beyond Words Vol. I examines the variations in truth commission recommendations across 13 Latin American cases. Insights are provided regarding how the internal dynamics of truth commissions, as well as the political, social and economic context in which they operate, influence how recommendations are formulated. The authors then explore how the nature of these recommendations themselves, along with the aforementioned factors, influence which recommendations are actually implemented. The conclusion considers the findings' relevance for the crafting of future truth commission recommendations and reflects upon how the formulation and implementation of these recommendations shape the impact of truth commissions on societies emerging from periods of violence and repression.Beyond Words Vol. II is a unique collection of 11 Latin American country studies covering all 13 formal truth commissions established in this region that submitted their final reports between 1984 and 2014. Based on qualitative original data and a common analytical framework, the main focus of each of the country chapters is threefold: (1) to provide a brief background to the truth commission(s); (2) to provide a detailed account of the formulation of the truth commission's recommendations; and (3) to analyze the implementation record of the recommendations, taking into account the actors and factors that have aided or obstructed the implementation process.
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.
Governments must continuously update policies, laws, and legislation as the world continues to rapidly evolve due to technologies and changing cultural perspectives. To streamline policy creation and implementation, governments seek new and efficient methods to ensure their citizens' and communities' safety while also encouraging citizen participation. Advanced Methodologies and Technologies in Government and Society provides research on emerging methodologies in effective governing including sections on public sector management and socioeconomic development. While highlighting the challenges facing government officials and law enforcement such as crisis response and natural disaster management, this book shows how technology use can make those areas of government more efficient and improve preventative measures. This book is an ideal resource for law enforcement, government officials and agencies, policymakers, public servants, citizen activists, researchers, and political leaders seeking cutting-edge information to strengthen their government's relationship with society and their constituents while also strengthening their policy measures through new technology and methods.
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.
Title 12 presents regulations governing banking procedures and activities of the Comptroller of the Currency, the Federal Reserve System, the Federal Deposit Insurance Corporation, the Export-Import Bank, Office of Thrift Supervision, Farm Credit Administration, and the National Credit Union Administration. It also contains regulations pertaining to other types of banking operations. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months. |
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