Title 14 presents regulations governing the activities of the Department of Transportation and the National Aeronautics and Space Administration in the areas of aeronautics and space, including: aircraft, airmen, airspace, air traffic, certification of air carriers and operations, and airports. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.

Many of Carl Schmitt's major works have by now been translated, with two notable exceptions: Schmitt's two early monographs Statute and Judgment (first published in 1912) and The Value of the State and the Significance of the Individual (first published in 1914). In these two works Schmitt presents a theory of adjudication as well as an account of the state's role in the realization of the rule of law, which together form the theoretical basis on which Schmitt later developed his political and constitutional theory. This new book makes these two key texts available in English translation for the first time, together with an introduction that relates the texts to their historical context, to Schmitt's other works, and to contemporary discussions in legal and constitutional theory.

Title 38 presents regulations governing the standards and practices of disabilities ratings, life insurance, civil relief, loans by banks, vocational rehabilitation and education, medical benefits, relocation assistance, legal services, cemetery grants, etc.

"The Lisbon Treaty states that national Parliaments shall contribute to a better functioning of the EU. Can they really do it and therefore enrich the European democracy? How far can they extend their original sovereignty without distorting political responsibilities that should be geared upon the European Parliament? The authors analyze the experience of the Italian Parliament under the light of these crucial questions and their exhaustive answers are greatly helpful to the readers of all over Europe." Giuliano Amato, Judge of the Italian Constitutional Court. This important new collection explores the role of the Italian Parliament in the Euro-national parliamentary system as an example of an increased role for national parliaments within the composite European constitutional order. It illustrates how parliamentary interactions within the European Union are highly systematic, with integrated procedures and mutual interdependence between the various institutions and stakeholders. The book argues that this dynamic is vital for both the functioning and the future equilibrium of democracy in the EU. This is significant, particularly given the challenges posed to democracy within the EU institutions and the Member States. Notwithstanding its peculiarities (a symmetrical bicameral system in which both Houses are directly elected, hold the same powers and are linked through a confidence relationship with the government), the Italian Parliament deserves specific attention as a lively active player of the European polity. The grid for its analysis proposed by this collection may also be applied to other national parliaments, so contributing to the development of comparative research in this field.

The last couple of years have witnessed an unprecedented battle within Europe between values and pragmatism, and between states' interests and individuals' rights. This book examines humanitarian considerations and immigration control from two perspectives; one broader and more philosophical, the other more practical. The impetus to show compassion for certain categories of persons with vulnerabilities can depend on religious, philosophical and political thought. Manifestation of this compassion can vary from the notion of a charitable act to aid 'the wretched' in their home country, to humanitarian assistance for the 'distant needy' in foreign lands and, finally, to immigration policies deciding who to admit or expel from the country. The domestic practice of humanitarian protection has increasingly drawn in transnational law through the expansion of the EU acquis on asylum, and the interpretation of the European Court of Human Rights.

Title 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.

This book provides unique insights into the practice of democratic constitutionalism in one of the world's most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide 'bottom up' and 'top down' insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground - or the limits to constitutions as a locus for broader social change. This book presents new perspectives on recurrent topics and debates that enrich comparative constitutional law in other regions of the world, both in the Global South and the Global North. The fine-tuned, in-depth approach of the contributors brings rigorous scholarship to this institutionally diverse and significant region, illuminating the under-explored relationship between constitutionalism, politics, ideology and leadership. This unique and challenging study will prove to be an indispensable tool, not only for academics interested in Latin America but for comparative constitutional law scholars across the globe. Contributors include: C. Bernal, J.l. Colon-Rios, J. Couso, R. Dixon, Z. Elkins, H.A. Garcia, R. Gargarella, T. Ginsburg, A. Huneeus, D. Landau, J. Lemaitre, L. Lixinski, G.L. Negretto, R.A. Sanchez-Urribarri, M. Tushnet, O. Vilhena Vieira

To defend its citizens from harm, must the government have unfettered access to all information? Or, must personal privacy be defended at all costs from the encroachment of a surveillance state? And, doesn't the Constitution already protect us from such intrusions? When the topic of discussion is intelligence-gathering, privacy, or Fourth Amendment protections against unreasonable search and seizure, the result is usually more heat than light. Anthony Gregory challenges such simplifications, offering a nuanced history and analysis of these difficult issues. He highlights the complexity of the relationship between the gathering of intelligence for national security and countervailing efforts to safeguard individual privacy. The Fourth Amendment prohibiting unreasonable searches and seizures offers no panacea, he finds, in combating assaults on privacy-whether by the NSA, the FBI, local police, or more mundane administrative agencies. Given the growth of technology, together with the ambiguities and practical problems of enforcing the Fourth Amendment, advocates for privacy protections need to work on multiple policy fronts.

This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states' margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.

Title 50 presents regulations governing the taking, possession, transportation, sale, purchase, barter, exportation and importation of wildlife and plants; wildlife refuges; wildlife research; fisheries conservation areas; fish and wildlife restoration; marine mammals; whaling; fisheries; tuna fisheries; and international fishing. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

Title 37 presents regulations governing issues related to establishing and guaranteeing the rights of intellectual property holders and the fair use of their patents, trademarks, inventions, writings, musical compositions and recordings, television programs and films, and technology by the Patent and Trademark Office, the Copyright Office of the Library of Congress, and the Department of Commerce.

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.

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.