The Lawyers' Guide to Personal Injury Law is an instructional textbook for attorneys who want to become experts in the field of negligence law. The book provides a comprehensive analysis of the law in a multitude of areas within the field, including the various types of construction accidents, motor vehicle accidents, premises accidents, and more. The Lawyers' Guide to Personal Injury Law also provides a detailed roadmap - from intake through trial - to successfully litigating each of these claims and, ultimately, maximizing monetary compensation for accident victims and their families.

Magna Carta ITS ROLE IN THE MAKING OF THE ENGLISH CONSTITUTION 1300-1629 by FAITH THOMPSON Associate Professor of History University of Minnesota THE UNIVERSITY OF MINNESOTA PRESS, Minneapolis LONDON GEOFFREY CTTMBEKLBGB OXFORD UNIVERSITY PRESS Copyright 1948 by the UNIVERSITY OF MINNESOTA All rights reserved. No part of this book may be reproduced in any form without the written permission of the publisher. Permission is hereby granted to review ers to quote brief passages in a review to be printed in a magazine or newspaper. Second Printing 1950 Old London Bridge From Gordon Homes Old London Bridge Job Lane the Bodley Head Ltd, PREFACE Magna Carta is well called the oldest of liberty, documents. It has come to serve as the prototype of all bills of rights, a symbol, a slogan that conies readily to the tongue of a public speaker. Its history, in these days when human progress seems to depend on the success of a world charter, may seem of mere antiquarian interest. Yet the New Yor Times of January n, 1946, saw fit to devote nearly a column to a description of the ceremony in which Dr. Luther H. Evans, Librarian of Congress, handed to his majes tys minister, John Balfour, one of the original parchment copies of the Great Charter for return to the Dean and Chapter of Lincoln Cathedral. Of the Charter, during its stay in the United States, Dr. Evans said Fifteen million Americans have made pilgrimage to see it American arms have been its guard. Mr. Balfour termed the Charter the forefather of the British and American bills of rights, the American Habeas Corpus Act, and the Declaration of Independence. The Federal Constitution of the United States, Mr. Balfour said, contained many of itsprovisions and even some of its actual words and this in turn has been the model for many constitutions in many lands. The line of descent extends to our time and we can, without flight of fancy, trace as an authentic offspring the preamble to the Charter of the United Nations. Here is a lineage without equal in human history. For this we honor the Great Charter, and for this, not as Britons or as Americans, but as members of the whole brotherhood of free peoples, we give our thanks to the Librarians of Congress for the care with which during these momentous years, they have guarded a document that is beyond re placement and above price. Magna Carta is not the private property of the British people. It belongs equally to you and to all who at any time and in any land have fought for freedom under the law. la the words of Professor A. B. White Today we study its history, yes terday it was our political Bible. If it became something of a myth few would question that the myth has been beneficent and still is. It was through Professor White that my interest in Magna Carta history was first awakened while preparing under his direction at the University of Minnesota a doctoral dissertation, published as The First Century of Magna Carta These studies attempt to trace through three more centuries the varied uses and increasingly significant interpretations of the famous document. It is a pleasure to express to Professor White my gratitude for his continued in terest and stimulating suggestions, and for reading parts of the manuscript. VI PREFACE The opportunity to use valuable sources available only in England was made possible by a Guggenheim Fellowship for the year 1938-39, For this I expresshearty thanks to the foundation, as well as to the Graduate School of the University of Minnesota for a grant-in-aid for a research assistant. I am indebted to Mr. Pulling of the Harvard Law Library, and to Professor Bade and Miss Caroline Brede of the University of Minnesota Law Library, for permission and aid in using their remarkable collections of early printed law books. Acknowledgment is also due the Treasurer and Masters of the Bench of the Inner Temple for permission to use certain Inner Temple Library manuscripts...

This insightful and discerning book offers a fresh discourse on the functioning of national courts as decentralised EU courts and a new thematic for revising some older understandings of how national judges apply EU law. Organised into three key sections, the interdisciplinary chapters combine approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts' roles in protecting fundamental rights in the area of freedom, security and justice. The analysis of each is enriched through diverse research methods such as case-law analysis, citation network analysis, interviews, surveys and statistics. With its new legal and empirical assessment covering the newest member states of the EU, National Courts and EU Law will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law. Contributors include: M. Claes, M. de Visser, M. de Werd, M. Wind, B. de Witte, T. Evas, M. Gorski, C. Hermanin, U. Jaremba, J.A. Mayoral, D. Piqani, K. Podstawa, R. Raffaelli, U. Sadl, A. Tatham, A. Torres Perez

In his widely acclaimed volume Our Undemocratic Constitution, Sanford Levinson boldly argued that our Constitution should not be treated with "sanctimonious reverence," but as a badly flawed document deserving revision. Now Levinson takes us deeper, asking what were the original assumptions underlying our institutions, and whether we accept those assumptions 225 years later. In Framed, Levinson challenges our belief that the most important features of our constitutions concern what rights they protect. Instead, he focuses on the fundamental procedures of governance such as congressional bicameralism; the selection of the President by the electoral college, or the dimensions of the President's veto power-not to mention the near impossibility of amending the United States Constitution. These seemingly "settled" and "hardwired" structures contribute to the now almost universally recognized "dysfunctionality" of American politics. Levinson argues that we should stop treating the United States Constitution as uniquely exemplifying the American constitutional tradition. We should be aware of the 50 state constitutions, often interestingly different-and perhaps better-than the national model. Many states have updated their constitutions by frequent amendment or by complete replacement via state constitutional conventions. California's ungovernable condition has prompted serious calls for a constitutional convention. This constant churn indicates that basic law often reaches the point where it fails and becomes obsolete. Given the experience of so many states, he writes, surely it is reasonable to believe that the U.S. Constitution merits its own updating. Whether we are concerned about making America more genuinely democratic or only about creating a system of government that can more effectively respond to contemporary challenges, we must confront the ways our constitutions, especially the United States Constitution, must be changed in fundamental ways.

Title 42 presents regulations that apply to: medical personnel; medical care and examinations; health related grants; fellowships, internships, and training; quarantine, inspection, and licensing; occupational safety and health research; health assessments; vaccines; Medicare and medical assistance programs; and standards and certification of facilities and services. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

In Constitutional Orphan, Professor Paula Monopoli explores the significant role of former suffragists in the constitutional development of the Nineteenth Amendment the woman suffrage amendment ratified in 1920. She sheds new light on the connection between the suffragists as institutional actors in civil society and the emergence of a "thin" conception of the Nineteenth Amendment as a mere nondiscrimination in voting rule, rather than a robust equality norm. In this compelling legal history, Monopoli illuminates how the Nineteenth had implications for federalism, women's citizenship and the definition of equality, as well as how gender, race and class intersect to affect our constitutional development. Monopoli explores the choice by both the National Woman's Party and the National American Woman Suffrage Association to turn away from African American suffragists who were denied the vote even after ratification of the Nineteenth Amendment. Using original sources, legislative history and case analysis, she develops a persuasive theory connecting that moral and strategic failure to the emergence of a narrow interpretation of the amendment. Monopoli also evaluates the impact of class divisions among former suffragist allies. These divisions around support for the NWP's Equal Rights Amendment, found social feminists opposing that "blanket" amendment for fear of its impact on the constitutional validity of protective labor legislation for working-class women. Monopoli details how many state courts, left without federal enforcement legislation to guide them, used strict construction to cabin the emergence of a more robust interpretation of the Nineteenth Amendment, as a broad equality norm. She concludes with an examination of new legal scholarship that suggests ways in which such a robust understanding of the Nineteenth Amendment could be used today to expand gender equality. In this compelling legal history, Monopoli illuminates how gender, race and class intersect to affect our constitutional development.

The Real World of EU Accountability reports the findings of a major empirical study into patterns and practices of accountability in European governance. The product of a 4-year, path-breaking project, this book assesses to what extent and how the people that populate the key arenas where European public policy is made or implemented are held accountable. Using a systematic analytical framework, it examines not just the formal accountability arrangements but also documents and compares how these operate in practice. In doing so, it provides a unique, empirically grounded contribution to the pivotal but often remarkably fact-free debate about democracy and accountability in European governance.
With four empirical chapters covering the Commission and its agencies, the European Council, and Comitology committees, it shows that a web of formal accountability arrangements has been woven around most of them, but that the extent to which the relevant accountability forums actually use the oversight possibilities offered to them varies markedly: some forums lack the institutional resources, others the willingness. But in those cases where both are on the increase, as in the European Parliament's efforts vis a vis the European Commission, fundamentally healthy accountability relationships are developing. Although ex-post accountability is only part of the larger equation determining the democratic quality of European governance, this study suggests that at least in this area, the EU is slowly but surely reducing its 'democratic deficit'.

European Union citizenship is increasingly relevant in the context of both the refugee crisis and Brexit, yet the issue of citizenship is neither new nor unique to the EU. Using historical, political and sociological perspectives, the authors explore varied experiences of combining multiple identities into a single sense of citizenship. Cases are taken from Canada, Croatia, Czechia, Estonia, Spain, Switzerland and Turkey to assess the various experiences of communities being incorporated into one entity. The studies show that the EU has a comparatively large degree of diversity and complexity, with levels of integration achieved in a relatively short timeframe. Advisory models based on Canada and Switzerland allow for the EU integration processes to continue while protecting diversity and upholding common institutions. Citizenship in Segmented Societies will appeal to academics and students in the field of European and federalist studies with a focus on multiculturalism and linguistic pluralism, minority rights, and citizenship issues. It will also be of interest to those with a particular interest in historical and comparative analysis of the EU. Contributors include: A.C. Bianculli, F. Cheneval, C. Erdogan, M. Ferrin, V. Hlousek, J. Jordana, S. Lopez, M. Sanjaume-Calvet, G. Tavits, H. Yilmaz, C.I. Velasco Rico

This new edition of Norgren and Nanda's classic updates their examination of the intersection of American cultural pluralism and law. They document and analyze legal challenges to the existing social order raised by many cultural groups, among them, Native Americans and Native Hawaiians, homeless persons, immigrants, disabled persons, and Rastafarians. In addition, they examine such current controversies as the culture wars in American schools and the impact of post-9/11 security measures on Arab and Muslim individuals and communities. The book also discusses more traditional challenges to the American legal system by women, homosexuals, African Americans, Latinos, Japanese Americans, and the Mormons and the Amish. The new chapters and updated analyses in this Third Edition reflect recent, relevant court cases dealing with culture, race, gender, religion, and personal status. Drawing on court materials, state and federal legislation, and legal ethnographies, the text analyzes the ongoing tension between, on the one hand, the need of different groups for cultural autonomy and equal rights, and on the other, the necessity of national unity and security. The text integrates the authors' commentary with case descriptions set in historical, cultural, political, and economic context. While the authors' thesis is that law is an instrument of social policy that has generally furthered an assimilationist agenda in American society, they also point out how in different periods, under different circumstances, and with regard to different groups, law has also some opportunity for cultural autonomy.

This work discusses the major court decisions that answer the important questions affecting freedom of the press, providing illustrations and examples that give insight into this complex body of law. The clear and concise style of the book makes it an essential guide for all those interested in freedom of the press. The book begins with an analysis of the text of the First Amendment and demonstrates how the seemingly simple text has given rise to complicated issues and interpretations. It also discusses the historical evolution of our current understanding of the justifications offered to protect freedom of expression. A number of important questions that have arisen in First Amendment law are discussed in detail.

This is the first study of constitution making during a critical decade of British rule in Kenya to be based on a thorough examination of archival sources. Such sources include secret police and intelligence reports, records of the planning and negotiations leading to the imposition of the three constitutions, and British cabinet records. These allow for a more complete appreciation of the forces that produced the specific constitutional dispensations. For example, the book provides the fullest and most authoritative account of the first Lancaster House conference of 1960. The account indicates that the constitution that emerged, as with the negotiations of 1954 and 1957, was not the result of inter-racial bargaining. Rather, each constitution was imposed by Britain after acceptance by some political groups, though not all. Such partial acceptance proved fatal to the constitutions of the 1950s. The book illustrates this reality as well as highlighting the importance of African agency in the overthrow of the Lyttleton and Lennox-Boyd constitutions and in the emergence of the very different constitutional order that resulted from the Lancaster House conference. Britain and Kenya's Constitutions, 1950-1960 is an important resource for scholars in African studies as well as those researching the history of British decolonization in Africa.

Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book reconsiders older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future? This unique resource draws on examples from administrative law, banking law, budget law, constitutional law, criminal law, environmental law, inheritance law, national security law, tax law, and tort law, and will be of interest to academics studying law, political science and economics, as well as to policymakers, legislators, and judges. Contributors include: E. Alston, F. Fagan, D.A. Farber, J.E. Gersen, T. Ginsburg, D. Kamin, S. Levmore, A. Niblett, M.C. Nussbaum, E.A. Posner, J.M. Ramseyer, A.M. Samaha, D. Shaviro, J. Suk

Paul Cavill offers a major reinterpretation of early Tudor constitutional history. In the grand "Whig" tradition, the parliaments of Henry VII were a disappointing retreat from the onward march towards parliamentary democracy. The king was at best indifferent and at worst hostile to parliament; its meetings were cowed and quiescent, subservient to the royal will. Yet little research has tested these assumptions.
Drawing on extensive archival research, Cavill challenges existing accounts and revises our understanding of the period. Neither to the king nor to his subjects did parliament appear to be a waning institution, fading before the waxing power of the crown. For a ruler in Henry's vulnerable position, parliament helped to restore royal authority by securing the good governance that legitimated his regime. For his subjects, parliament served as a medium through which to communicate with the government and to shape--and, on occasion, criticize--its policies. Because of the demands parliament made, its impact was felt throughout the kingdom, among ordinary people as well as among the elite. Cooperation between subjects and the crown, rather than conflict, characterized these parliaments.
While for many scholars parliament did not truly come of age until the 1530s, when-freed from its medieval shackles-the modern institution came to embody the sovereign nation state, in this study Henry's reign emerges as a constitutionally innovative period. Ideas of parliamentary sovereignty were already beginning to be articulated. It was here that the foundations of the "Tudor revolution in government" were being laid.

In 2015, the United Nations formulated 17 ambitious goals towards transforming our world the Sustainable Development Goals (SDG 2030). Their relation to public international law has been studied, but private law has received less attention in this context and private international law none at all. Yet development happens, not only through public action, but also through private action and such action is governed predominantly by private law and private international law. This book demonstrates an important, constructive role for private international law as an indispensable part of the global legal architecture needed to turn the SDGs into reality. Renowned and upcoming scholars from around the world analyse, for each of the 17 SDGs, what role private international law actually plays towards advancing these goals and how private international law could, or should, be reformed to advance them. Together, the chapters in the book bring to the fore the hitherto lacking private side of transforming our world.

In today's globalized society, the war on terror has negatively affected privacy rights not just in the United States, but everywhere. When privacy rights are curtailed around the world, American efforts to spread freedom and democracy are hindered, and as a consequence, Americans are less secure in the world. Ironically, the erosion of individual privacy rights, here and abroad, has been happening in the name of enhancing national security. This book sheds light on this apparent contradiction, and argues that governments must do more to preserve privacy rights while endeavoring to protect their citizens against future terrorist attacks. It is easy to forget that prior to 9/11, privacy rights were on the march. Plans were in the works, in the areas of legislation and regulation, to protect personal privacy from both governmental intrusion and corporate penetration. The need for such protections arose from the swift advances in information technology of the 1990s. But the attacks of 9/11, and the responses of governments to this new level of the terrorist threat, put an end to all that. Not only is privacy no longer emphasized in legislation, it is being eroded steadily, raising significant questions about the handling of personal information, surveillance, and other invasions into the private lives of ordinary citizens.