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Constitutional Law, Administrative Law, and Human Rights provides an introduction to public law which draws on developments in politics, the law and society to help the reader gain a fundamental appreciation of the law in its wider context. In addition, it explores the latest ongoing debates around potential constitutional reforms and the author's stimulating style encourages critical analysis. Online resources This book is accompanied by the following online resources: - a fully-integrated online casebook, with edited versions of leading cases and relevant legislation - a selection of mind-maps to help with revision - bonus chapters on the history of the EU - suggested tutorial outlines for lecturers
Although Americans generally think that the US Department of Homeland Security is focused only on preventing terrorism, one office within that agency has a humanitarian mission. Its Asylum Office adjudicates applications from people fleeing persecution in their homelands. This book provides a careful empirical analysis of how Homeland Security decided these asylum cases over a recent fourteen-year period.
Szasz troubles the dark, still waters of psychiatry and the law. He peeps beneath the crazy quilt of federal and state procedures which render impotent the constitutional right to a speedy and public trial.
During the legislative process, many documents are prepared by Congress and its committees. Governmental and non-governmental entities track and record congressional activities, and many more entities chronicle and analyse the development of public policy. The wide availability of such information can be overwhelming to those involved in legislative research. The purpose of this book is to assist Members and congressional staff in identifying and accessing key resources used during legislative research.
For most people, reading a contract conjures up feelings of
dread rather than elation--perhaps even more so for artists. And
who can blame them? Nevertheless, if you are going to succeed as a
creative person in a business world, you must come to terms with
the need to balance your aesthetic sense with business savvy.
For the ordinary soldier, the non-commissioned officer and the junior officer-the large proportion of the lower strata in military organisations-the expectations of levels of responsibility and decision-making are rapidly increasing. In 1999, US Marine Corps General Charles C. Krulak addressed this in his essay `The Strategic Corporal: Leadership in the Three-Block War', which described the range of challenges likely to be faced by marines on the modern battlefield and where a range of operations (fighting, peace works and humanitarian assistance) might occur simultaneously within a very limited precinct (three blocks). The chapters in this book use the metaphor of the `strategic corporal' to focus on the demands facing junior leaders in contemporary military operations, and what might be done to enhance their ability to respond to them. The circumstances in which these decisions are made need to be better understood, by soldiers and their critical onlookers, be they villagers on the scene, senior military or political leaders remote from the operation, or anti-war activists thousands of miles away. Being `strategic' is not just about a soldier's professional mastery. Increasingly it also means a genuine familiarity with legal and ethical issues, and an ability in low-intensity conflict to understand local culture and communicate with those in villages and neighbourhoods whose goodwill, or at least neutrality, are vital to ultimate success. In the non-war circumstances in which many Western militaries operate, such as humanitarian assistance and disaster relief as well as peacekeeping operations, it means dealing with civil authorities in the distribution of aid or even the administration of justice if local institutions have broken down. Sometimes it involves negotiation and mediation. It may even mean having an understanding of the ways pervasive modern media works, and its potential to surveil-and sometimes derail-a mission. Sometimes it also means having a better understanding of the challenges that face the soldier's own defence force: including the malign effects of bureaucratic inertia and the `outsourcing' of key capabilities to private contractors. The book combines theoretical discussions with practical examples, but it is not-as so many books about future conflict are-a discussion of the technology of future war. Rather, it provides opportunities for specialists in a range of security-related fields to consider the issues and challenges of military leadership, the role of civilians and contractors, the importance of International Humanitarian Law, and even whether strategic gains can be made without the deployment of troops (`strategic corporals' or otherwise).
The right to make decisions is important for every individual. It allows us to express ourselves, discover our likes and dislikes, and lead our lives in the way we desire. People with cognitive disability have historically been denied this right in many different ways - sometimes informally by family members or carers, and other times formally by a courtroom or other legal authority. This book provides a discussion of the importance of decision-making and the ways in which it is currently denied to people with cognitive disability. It identifies the human right to equal recognition before the law as the key to ensuring the equal right to decision-making of people with cognitive disabilities. Looking to the future, it also provides a roadmap to achieving such equality.
After decades of struggle to promote racial equality and ensure
personal freedom, interracial intimacy remains one of the least
understood areas of race relations in the United States. Few people
realize that as late as the 1960s state legislatures were free to
punish individuals who either had sec with or married persons
outside their racial and ethnic groups. The first history of the
legal regulation of interracial relationships, Rachel R. Moran's
groundbreaking book also grapples with the consequences of that
Basic freedoms cannot be abandoned in times of conflict, or can they? Are basic freedoms routinely forsaken during times when there are national security concerns? These questions present different conundrums for the legal profession, which generally values basic freedoms but is also part of the architecture of emergency legal frameworks. Unleashing the Force of Law uses multi-jurisdiction empirical data and draws on cause lawyering, political lawyering and Bourdieusian juridical field literature to analyze the invocation of legal norms aimed at the protection of basic freedoms in times of national security tensions. It asks three main questions about the protection of basic freedoms. First, when do lawyers mobilize for the protection of basic freedoms? Second, in what kind of mobilization do they engage? Third, how do the strategies they adopt relate to the outcomes they achieve? Covering the last five decades, the book focusses on the 1980s and the Noughties through an analysis of legal work for two groups of independence seekers in the 1980s, namely, Republican (mostly Catholic) separatists in Northern Ireland and Puerto Rican separatists in the US, and on post-9/11 issues concerning basic freedoms in both countries
This book challenges the prevailing account of the Supreme Court of
the New Deal era, which holds that in the spring of 1937 the Court
suddenly abandoned jurisprudential positions it had staked out in
such areas as substantive due process and commerce clause doctrine.
In the conventional view, the impetus for such a dramatic reversal
was provided by external political pressures manifested in FDR's
landslide victory in the 1936 election, and by the subsequent
Court-packing crisis. Author Barry Cushman, by contrast, discounts
the role that political pressure played in securing this
"constitutional revolution." Instead, he reorients study of the New
Deal Court by focusing attention on the internal dynamics of
doctrinal development and the role of New Dealers in seizing
opportunities presented by doctrinal change.
In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy.Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court.John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
The metaphor of 'dialogue' has been put to different descriptive and evaluative uses by constitutional and political theorists studying interactions between institutions concerning rights. It has also featured prominently in the opinions of courts and the rhetoric and deliberations of legislators. This volume brings together many of the world's leading constitutional and political theorists to debate the nature and merits of constitutional dialogues between the judicial, legislative, and executive branches. Constitutional Dialogue explores dialogue's democratic significance, examines its relevance to the functioning and design of constitutional institutions, and covers constitutional dialogues from an international and transnational perspective.
The Christian Right of the 1980s forged its political identity largely in response to what it perceived as liberal 'judicial activism'. Robert Daniel Rubin tells this story as it played out in Mobile, Alabama. There, a community conflict pitted a group of conservative evangelicals, a sympathetic federal judge, and a handful of conservative intellectuals against a religious agnostic opposed to prayer in schools, and a school system accused of promoting a religion called 'secular humanism'. The twists in the Mobile conflict speak to the changes and continuities that marked the relationship of 1980s' religious conservatism to democracy, the courts, and the Constitution. By alternately focusing its gaze on the local conflict and related events in Washington, DC, this book weaves a captivating narrative. Historians, political scientists, and constitutional lawyers will find, in Rubin's study, a challenging new perspective on the history of the Christian Right in the United States.
"Revising with this series is like having a tutor there..." Mariette Jones, Middlesex University Maximise your marks for every answer you write with Law Express Question and Answer. This series is designed to help you understand what examiners are looking for, focus on the question being asked, and make your answers stand out. Features: See how an expert crafts Answers to up to 50 questions on [title]. Discover how and why different elements of the answer relate to the question in accompanying Guidance. Plan answers quickly and effectively using Answer plans and Diagram plans. Gain higher marks with tips for advanced thinking in Make your answer stand out. Avoid common pitfalls with Don't be tempted to. Compare your responses using the Try it yourself answer guidance on the companion website. Practice answering questions and discover additional resources to support you in preparing for exams on the Companion website. Visit www.pearsoned.co.uk/lawexpressqa
"An indispensable and provocative guide through the thicket of today's most challenging constitutional controversies by some of the most eminent judges of their time. It offers an invaluable peek behind the curtain of judicial decision making."-David Cole, Professor of Law, Georgetown University The EmbattledConstitution presents thefourth collection of the James Madison lectures delivered at the NYU School ofLaw, offering thoughtful examinations of an array of topics on civil libertiesby a distinguished group of federal judges, including Justice Stephen Breyer ofthe U.S. Supreme Court. The result is a fascinating look into the minds of thejudges who interpret, apply, and give meaning to our "embattled Constitution." In these insightfuland incisive essays, the authors bring to bear decades of experience to explorewide-ranging issues. Are today's public schools racially segregated? To whatextent can the federal courts apply the Bill of Rights without legislativeguidance? And what are the criteria for the highest standards of judging and constitutionalinterpretation? The authors also discuss how and why the Constitution came tobe embattled, shining a spotlight on the current polarization in both theSupreme Court and the American body politic and offering careful and informedanalysis of how to bridge these divides. Contributors includeMarsha S. Berzon, Michael Boudin, Stephen Breyer, Guido Calabresi, Robert H.Henry, Robert Katzmann, Pierre N. Leval, M. Blane Michael, Davis S. Tatel, J.Harvie Wilkinson, III, and Diane P. Wood.
In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. Kozel contends that the prevailing approach to precedent in American law is undermined by principled disagreements among judges over the proper means and ends of constitutional interpretation. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or wrong, and whether mistakes are harmful or benign. This is a serious challenge, but it also reveals a path toward maintaining legal continuity even as judges come and go. Kozel's account of precedent should be read by anyone interested in the nature of the judicial role and the trajectory of constitutional law.
Americans tend to believe in government that is transparent and accountable. Those who govern us work for us, and therefore they must also answer to us. But how do we reconcile calls for greater accountability with the competing need for secrecy, especially in matters of national security? Those two imperatives are usually taken to be antithetical, but Heidi Kitrosser argues convincingly that this is not the case--and that our concern ought to lie not with secrecy, but with the sort of unchecked secrecy that can result from "presidentialism," or constitutional arguments for broad executive control of information. In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments--including "supremacy" and "unitary executive theory"--she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser's own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability.
America's criminal justice policy reflects irrational fears stoked by politicians seeking to win election. A preeminent legal scholar argues that reform guided by evidence, not politics and emotions, will reduce crime and reverse mass incarceration. The United States has the world's highest rate of incarceration, a form of punishment that ruins lives and makes a return to prison more likely. As awful as that truth is for individuals and their families, its social consequences-recycling offenders through an overwhelmed criminal justice system, ever-mounting costs, unequal treatment before the law, and a growing class of permanently criminalized citizens-are even more devastating. With the authority of a prominent legal scholar and the practical insights gained through on-the-ground work on criminal justice reform, Rachel Barkow explains how dangerous it is to base criminal justice policy on the whims of the electorate, which puts judges, sheriffs, and politicians in office. Instead, she argues for an institutional shift toward data and expertise, following the model used to set food and workplace safety rules. Barkow's prescriptions are rooted in a thorough and refreshingly ideology-free cost-benefit analysis of how to cut mass incarceration while maintaining public safety. She points to specific policies that are deeply problematic on moral grounds and have failed to end the cycle of recidivism. Her concrete proposals draw on the best empirical information available to prevent crime and improve the reentry of former prisoners into society. Prisoners of Politics aims to free criminal justice policy from the political arena, where it has repeatedly fallen prey to irrational fears and personal interest, and demonstrates that a few simple changes could make us all safer.
The Bill of Rights, perhaps the single most important document in American history, has provided a strong and remarkably durable framework in which the limits of government, the scope of individual liberty, and the nature of our democratic system have been defined for more than two hundred years. In the past several decades in particular, the American Bill of Rights has been subject to virtually continual reinterpretation by the U.S. Supreme Court through a series of landmark cases, while its provisions also have exerted a powerful influence over the movement toward democracy and freedom worldwide.
This third edition of The Bill of Rights, the Courts, and the Law serves to increase public understanding of the Bill of Rights and the American judicial process by presenting select cases and their underlying issues fairly. It allows readers to examine the various legal arguments with the help of expert commentary, offering the best, most accessible introduction to the Bill of Rights available to a nonscholarly audience.
. Lynda Butler, College of William and Mary Marshall-Wythe School of Law
. A. E. Dick Howard, University of Virginia School of Law
. Robert M. O'Neil, University of Virginia School of Law and Thomas Jefferson Center for the Protection of Free Expression
. Barbara Perry, Sweet Briar College Department of Government and International Affairs
. Rodney A. Smolla, University of Richmond T. C. Williams School of Law
. Melvin Urofsky, Virginia Commonwealth University Doctoral Program in Public Policy
Distributed for the Virginia Foundation for the Humanities and Public Policy
In the modern age of internationalism and globalization, comparative study of law has become a sine qua non for participation in almost all transactions across countries. The Indian Yearbook of Comparative Law 2016 addresses this significant area of legal research and writing in India that has hitherto not received much attention. This volume is a compilation of thematically arranged essays that critically analyse emerging developments, issues, and perspectives across different branches of law. It presents cutting-edge research from scholars around the world with the view that comparative study would initiate dialogue on law and legal culture across jurisdictions. The work does not conflate international law with comparative law, but introduces an essential divide between the two interrelated yet very different disciplines. It also encourages readers to gain a deeper understanding of the working of law and legal systems, leading to important insights into the constituents of an ideal system of law.
What is the future of civil rights? Like a living thing, discrimination evolves, adapting to its time. As discrimination becomes more individualized, as difference becomes more pronounced, we need a civil rights that is attuned to the way identity is performed today. Outsiders is filled with stories that demand attention, stories of people whose search for identity has cast them to the margins. Their stories reveal that we need to refresh our vision of civil rights. Taking its cue from religious discrimination law, Outsiders proposes two major changes to civil rights law. The first is a right to personality. Identity comes from within. The goal of civil rights law should be to take people as they come, to let each of us determine who we are and how we relate to the world around us. The second change is a shift in how the law responds to discrimination. The critical question driving equality law should be whether there is space to accommodate a person's identity. Accommodations are about respecting difference, not erasing it. Accommodations are a way to bring outsiders in. Outsiders seeks to change the way we think about identity, equality, and discrimination. It argues that difference, not sameness, should be the cornerstone of civil rights. Mixing doctrine and theory, art, and personal narrative, Outsiders proposes a civil rights for everyone. Being different is universal. We are all outsiders.
In 1914 the British-built and Japanese-owned steamship Komagata Maru left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered by railway contractor and purported rubber planter Gurdit Singh, the ship and its passengers were denied entry into Canada and two months later were deported to Calcutta. In Across Oceans of Law Renisa Mawani retells this well-known story of the Komagata Maru. Drawing on "oceans as method"-a mode of thinking and writing that repositions land and sea-Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds. Through close readings of the ship, the manifest, the trial, and the anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's landing raised urgent questions regarding the jurisdictional tensions between the common law and admiralty law, and, ultimately, the legal status of the sea. By following the movements of a single ship and bringing oceans into sharper view, Mawani traces British imperial power through racial, temporal, and legal contests and offers a novel method of writing colonial legal history.
How was the vast ancient Chinese empire brought together and effectively ruled? What are the historical origins of the resilience of contemporary China's political system? In The Constitution of Ancient China, Su Li, China's most influential legal theorist, examines the ways in which a series of fundamental institutions, rather than a supreme legal code upholding the laws of the land, evolved and coalesced into an effective constitution. Arguing that a constitution is an institutional response to a set of issues particular to a specific society, Su Li demonstrates how China unified a vast territory, diverse cultures, and elites from different backgrounds into a whole. He delves into such areas as uniform weights and measurements, the standardization of Chinese characters, and the building of the Great Wall. The book includes commentaries by four leading Chinese scholars in law, philosophy, and intellectual history--Wang Hui, Liu Han, Wu Fei, and Zhao Xiaoli--who share Su Li's ambition to explain the resilience of ancient China's political system but who contend that he overstates functionalist dimensions while downplaying the symbolic. Exploring why China has endured as one political entity for over two thousand years, The Constitution of Ancient China will be essential reading for anyone interested in understanding the institutional legacy of the Chinese empire.
It's easy to forget how important the jury really is to America. The right to be a juror is one of the fundamental rights guaranteed to all eligible citizens. The right to trial by jury helped spark the American Revolution, was quickly adopted at the Constitutional Convention, and is the only right that appears in both the Constitution and the Bill of Rights. But for most of us, a jury summons is an unwelcome inconvenience. Who has time for jury duty? We have things to do. In Why Jury Duty Matters, Andrew Guthrie Ferguson reminds us that whether we like it or not, we are all constitutional actors. Jury duty provides an opportunity to reflect on that constitutional responsibility. Combining American history, constitutional law, and personal experience, the book engages citizens in the deeper meaning of jury service. Interweaving constitutional principles into the actual jury experience, this book is a handbook for those Americans who want to enrich the jury experience. It seeks to reconnect ordinary citizens to the constitutional character of a nation by focusing on the important, and largely ignored, democratic lessons of the jury. Jury duty is a shared American tradition. It connects people across class and race, creates habits of focus and purpose, and teaches values of participation, equality, and deliberation. We know that juries are important for courts, but we don't know that jury service is important for democracy. This book inspires us to re-examine the jury experience and act on the constitutional principles that guide our country before, during, and after jury service.
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