The religion and state debate in Israel has overlooked the Palestinian-Arab religious communities and their members, focusing almost exclusively on Jewish religious institutions and norms and Jewish majority members. Because religion and state debates in many other countries are defined largely by minority religions' issues, the debate in Israel is anomalous. Michael Karayanni advances a legal matrix that explains this anomaly by referencing specific constitutional values. At the same time, he also takes a critical look at these values and presents the argument that what might be seen as liberal and multicultural is at its core just as illiberal and coercive. In making this argument, A Multicultural Entrapment suggests a set of multicultural qualifications by which one should judge whether a group based accommodation is of a multicultural nature.

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.

This book explores the often neglected, but overwhelmingly common, everyday vulnerability of those who support the smooth functioning of contemporary societies: paid domestic workers. With a focus on the multiple disadvantages these - often migrant - workers face when working and living in Europe, the book investigates the role of law in producing, reinforcing - or, alternatively, attenuating - vulnerability to exploitation. It departs from approaches that focus on extreme abuse such as 'modern' slavery or trafficking, to consider the much more widespread day-to-day vulnerabilities created at the intersection of different legal regimes. The book, therefore, examines issues such as low wages, unregulated working time, dismissals and the impact of migration status on enforcing rights at work. The complex legal regimes regulating migrant domestic labour in Europe include migration and labour law sources at different levels: international, national and, as this book demonstrates, also EU. With an innovative lens that combines national, comparative, and multilevel analysis, this book opens up space for transformative legal change for migrant domestic workers in Europe and beyond.

Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. Yet while adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning. The author surveys the entire history of the US Supreme Court up until 2020, keying in on decisions regarding when it chose to overturn its own constitutional precedent and why. He explores how the US Supreme Court under its different Chief Justices has approached constitutional precedents and justified its reversal and quantifies which Courts have reversed the most constitutional precedents and why. Constitutional Precedent in US Supreme Court Reasoning is essential reading for law professors and students interested in precedent and its role in legal reasoning. Law libraries which will find this book of importance to their collections on legal reasoning and analysis.

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.

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.

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.

This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, "Emergency, Exception and Normalcy," the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, "Terrorism and Warfare," the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, "Public Health, Financial and Economic Crises," considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, "Constitutionalism for Divided Societies," then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled "Constitution-Making and Constitutional Change," highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter "Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International" is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

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.

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.

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

Title 34 presents regulations governing education related activities and programs. General provisions, civil rights, elementary and secondary education, special education and rehabilitative services, vocational and adult education, bilingual education and minority languages affairs, postsecondary education, educational research and improvement, literacy, and disability are addressed in separate chapters. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.

By reminding readers that early Supreme Court justices refused to reduce the Constitution to a mere legal document, Approaching the U.S. Constitution provides a definitive response to Reading Law by Antonin Scalia and Bryan Garner. Turning to the vision of Alexander Hamilton found in Federalists No. 78, Hunter argues that rather than seeing the judiciary as America's legal guardian, Hamilton looked to independent individuals of integrity on the judiciary to be the nation's collective conscience. For Hamilton, the judiciary's authority over the legislature does not derive from positive law but is extra-legal by 'design' and is purely moral. By emphasizing the legal expertise of judges alone, individuals such as Justice Scalia mistakenly demand that judges exercise no human ethical judgment whatsoever. Yet the more this happens, the more the "rule of law" is replaced by the rule of lawyers. Legal sophistry becomes the primary currency wherewith society's ethical and moral questions are resolved. Moreover, the alleged neutrality of legal analysis is deceptive with its claims of judicial modesty. It is not only undemocratic, it is dictatorial and highly elitist. Public debate over questions of fairness is replaced by an exclusive legalistic debate between lawyers over what is legal. The more Scalia and Garner realize their agenda, the more all appeals to what is moral will be effectively removed from political debate. 'Conservatives' lament the 'removing God from the classroom,' by 'liberals,' yet if the advocates of legalism get their way, God will be effectively removed from the polis altogether. The answer to preserving both separation of powers and the American commitment to unalienable human rights is to view the Supreme Court in the same way early founders such as Hamilton did and in the way President Abraham Lincoln urged. The Court's most important function in exercising the power of judicial review is to serve as the nation's conscience just as it did in Brown v. Board of Education.

This open access book explains why a democratic reckoning will start when European societies win the fight against COVID-19. Have democracies successfully mastered the challenges of the pandemic? How has the coronavirus impacted democratic principles, processes and values? At the heels of the worst public health crisis in living memory, this book shines an unforgiving light on the side-lining of parliaments, the ruling by governmental decrees and the disenfranchisement of the people in the name of fighting COVID-19. Pandemocracy in Europe situates the dramatic impact of COVID-19, and the fight against the virus, on Europe's democracies. Throughout its 17 contributions the book sets the theoretical stage and answers the democratic questions engaged by health emergencies. Seven national case studies - UK, Germany, Italy, Sweden, Hungary, Switzerland, and France - show, each time with a pronounced focus on a particular element of democracy, how different states reacted to the pandemic. The book also shifts the analytical gaze beyond the nation state towards international settings, looking at the effects on the European Union and considering the impact on populist movements. Bridging disciplines and uniting a stellar cast of scholars on democracy, rule of law and constitutionalism, the book provides contours and nuances to a year of debates in political science, international relations and law on the impact of the virus on democracies. In times of uncertainty, Pandemocracy in Europe provides analysis and answers to the democratic challenges of the coronavirus. The ebook editions of this book are available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.

." . . 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.

Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all. Rethinking Intellectual Property is a deeply reflective conceptualisation of the modern principles of intellectual property law at both a national and an international level. The first chapter investigates conflicts of interests relating to intellectual property and guiding principles for their resolution within its constitutional framework. Ghidini then moves on to examine the reshaping of patent protection, and the way that the exercise of patent rights goes hand-in-hand with the competitive dynamics of technological innovation. In chapter 3, he analyses the copyright paradigm from an industrial perspective, focusing particular attention to the online distribution of material. Chapter 4 moves on to examine trademark protection, and the protection of entrepreneurial identity and brand value. Finally, he addresses the complex intersection between intellectual property law and competition law. This book will be invaluable reading for anyone interested in the conceptual foundations of intellectual property law, and challenges the reader to re-examine their understanding of the field.