The Public's Law is a theory and history of democracy in the American administrative state. The book describes how American Progressive thinkers - such as John Dewey, W.E.B. Du Bois, and Woodrow Wilson - developed a democratic understanding of the state from their study of Hegelian political thought. G.W.F. Hegel understood the state as an institution that regulated society in the interest of freedom. This normative account of the state distinguished his view from later German theorists, such as Max Weber, who adopted a technocratic conception of bureaucracy, and others, such as Carl Schmitt, who prioritized the will of the chief executive. The Progressives embraced Hegel's view of the connection between bureaucracy and freedom, but sought to democratize his concept of the state. They agreed that welfare services, economic regulation, and official discretion were needed to guarantee conditions for self-determination. But they stressed that the people should participate deeply in administrative policymaking. This Progressive ideal influenced administrative programs during the New Deal. It also sheds light on interventions in the War on Poverty and the Second Reconstruction, as well as on the Administrative Procedure Act of 1946. The book develops a normative theory of the state on the basis of this intellectual and institutional history, with implications for deliberative democratic theory, constitutional theory, and administrative law. On this view, the administrative state should provide regulation and social services through deliberative procedures, rather than hinge its legitimacy on presidential authority or economistic reasoning.

This book provides a critical evaluation of the ways in which EU law engages with minority rights protection: at its core is an analysis of EU law and minority rights. Unlike the UN or ECHR, the EU has no competence to set standards on minority protection and this has been a point of disappointment for minority rights advocates. Indeed, this book will demonstrate that, in EU law, binding standards really only exist in the sphere of non-discrimination and are at their strongest in the field of employment. As such, binding standards within EU law affect only a small proportion of the canon of minority rights. However, the EU does have competence to promote diversity and facilitate redistribution of power and resources across the EU. According to a broad understanding of minority rights protection, acts of promotion and facilitation -alongside those of standard-setting - constitute essential underpinnings for minority protection. The EU's existing competences do therefore play a key role in minority protection. In order to support these conclusions, the book undertakes a comprehensive examination of the impact of EU law on minority rights protection. The book examines a broad range of the EU's legal provisions and principles which may affect minority protection, before undertaking in-depth analyses of the examples of minority cultural rights and minority linguistic rights. In addition, the final substantive chapter of the book contextualises the impact of EU law within the perspective of the overall needs of a specific group - the Roma minority. The concluding chapter draws together the EU's contribution to minority rights. In short, the EU can be seen as a promoter, but not a protector, of minority rights. Although not ideal, especially from the perspective of minorities, it is worth at least exploring such a view. Such an exploration would enable the EU most easily to build upon its existing competences and regulatory capacities. This book will be of interest to lawyers and activists concerned with minority rights and Roma rights protection within the EU. It will also be of relevance to those interested in understanding the dynamics between the EU and the international law community in overlapping areas of rights protection, and exploring how this informs our perception of the capacity of the EU to be a central actor in the field of rights protection.

In a political climate where the machinery of the federal government has grown increasingly complex, The Power to Legislate offers a comprehensive and in-depth analysis of the extent and limitations of legislative power granted by the U. S. Constitution. By examining the historical development of the Constitution as well as judicial precedent set by the Supreme Court, Richard E. Levy develops a systematic account of federal legislative power that is ideal for anyone interested in constitutional history and political science. Levy focuses his investigation on three distinct, yet related, aspects of federal legislative power: the "necessary and proper clause" of Article I, the delegation of powers to the various federal institutions, and the deliberative powers of Congress to conduct investigations and interrogations. The Power to Legislate synthesizes these three crucial ideas into a fresh perspective that sheds light on today's controversies.

View the Table of Contents.
Read the Chapter 1.

""Sexual Rights in America" develops an argument that us useful, timely, well conceived, and will provide a handy primer for courses designed to introduce students to the basics of constitutional privacy."--"Journal of NSRC"

"A fascinating...argument for the inclusion of sexual freedoms among the enumerated rights in the Ninth Amendment"
--"Conscience"

"As the subtitle suggest, the authors want to combine the least specific article of the Bill of Rights with the equally vague, if well-known, phrase from the Declaration of Independence, to make a case for the right of consenting American adults to have sex how, when, and with whom they like....Recommended."
--"Choice"

aI donat normally give astarsa to a history book, but this one deserves a full five- both for its important contribution to the field of Jewish history, and also for Abramas enthralling narrative style that makes this book both a captivating and edifying text to read!a
--"Large Print Reviews"

The Constitution of the United States guarantees all Americans certain rights, such as the freedoms of speech and religious expression. But what guarantees our "sexual" freedoms?

Sexual Rights in America presents a bold and intriguing look at the constitutional basis of sexual rights in America. Resurrecting the "forgotten" Ninth Amendment, which guarantees those fundamental rights not protected elsewhere in the Constitution, Abramson and colleagues argue that the freedom to choose how, when, and with whom we express ourselves sexually is integral to our happiness. Their careful review of the historical record reveals the importance of the "pursuit ofhappiness" in the socio-moral philosophy underpinning the Constitution. Sexual freedoms, they assert, are cut from the same cloth as the other freedoms protected by the Bill of Rights, and therefore, should be covered by the Ninth Amendment.

Using concrete examples such as prostitution and phone sex, Sexual Rights in America illustrates the scope and limitations of Ninth Amendment sexual rights.

Internal displacement has become one of the most pressing geo-political concerns of the twenty-first century. There are currently over 45 million internally displaced people worldwide due to conflict, state collapse and natural disaster in such high profile cases as Syria, Yemen and Iraq. To tackle such vast human suffering, in the last twenty years a global United Nations regime has emerged that seeks to replicate the long-established order of refugee protection by applying international law and humanitarian assistance to citizens within their own borders. This book looks at the origins, structure and impact of this new UN regime and whether it is fit for purpose.

Lawrence M. Friedman's newest book explores the sheer phenomenon of a near-global arc favoring the idea, and sometimes even the practice, of human rights. Not the typical legal or philosophical examination of rights, this book instead asks: Why is it - as a social and historical matter - that rights discourse is so prevalent and compelling to the current world? "Reams of books and articles have been written about human rights, but THE HUMAN RIGHTS CULTURE is unique. It is the first comprehensive, sociological study of human rights in the contemporary period. With his characteristic erudition and graceful style, Lawrence Friedman addresses all the central topics: women's rights, minority rights, privacy, social rights, cultural rights, the role of courts, whether human rights are universal, and much more. This surprisingly compact book presents a balanced discussion of each issue, filled with fascinating details and examples. Friedman's core argument is that the recent rise of human rights discourse around the globe is the product of modernity - in particular the spread of the cultural belief that people are unique individuals entitled to respect and the opportunity to flourish. This terrific book will be informative not only to human rights experts and practitioners but also to people who wish to read a clear and sophisticated introduction to the field." - Brian Z. Tamanaha, Professor of Law, Washington University Lawrence Friedman is the Marion Rice Kirkwood Professor of Law at Stanford University. His latest book joins Quid Pro's Contemporary Society Series.

Examining the role of the Intergovernmental Conference (IGC) in the development of the European Union (EU) and the evolution of the EU treaties, this book focuses on the negotiations of what are termed the eight constitutional IGCs. These eight include the negotiations of the 1950s and 1960s on: 1) the European Coal and Steel Community, 2) the European Defence and Political Community, 3) the European Economic Community and European Atomic Energy Community, and 4) the Fouchet Plan. The book also examines the more recent constitutional IGCs on: 1) the Single European Act, 2) the Maastricht Treaty, 3) the Amsterdam Treaty, and 4) the Nice Treaty. This book challenges the neofunctionalist and liberal intergovernmentalist perspectives that have been used in the past to explain the process of IGCs. The author presents an alternative perspective in the form of an incremental model to explain the nature of negotiations at all eight constitutional IGCs. It is also argued that the increasing frequency of IGC negotiations signifies a gradual institutionalisation of the process to the point where the constitutional IGC is becoming a regular feature on the EU's political landscape. Governments are locked into a process of constitutional IGCs that leaves the primary legal document of the EU in a state of perpetual reform. In turn, it is argued that the incrementalism that defines the IGC negotiations shapes the entire process of European integration and the general nature of the European Union.

This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.

The Historical Roots of English Land Law. Originally published: London: Oxford University Press, 1927. xxiv, 339 pp. One of the most distinguished historians of English common law, Holdsworth produced this manual to provide students of real property with a concise history of the field. This background was necessary, he argued, because contemporary land law was hard to comprehend apart from its history.
" Holdsworth] has cheerfully carried through the task of giving us an elementary survey of one part of the vast subject in the mastery of which he stands alone. Most writers of manuals have to popularize the results of the labour of others; Professor Holdsworth need pillage few storehouses but his own." --Law Quarterly Review 44: (1928) 105.
William S. Holdsworth 1871-1944] was a professor of Constitutional Law at the University of Cambridge from 1903-1966 and became the Vinerian Professor of English Law at Oxford in 1922. He is well-known for his monumental A History of English Law (1903-1966) and other works, such as Charles Dickens as a Legal Historian (1929) and Some Makers of English Law (1938).

This book is the result of an objective analysis based on quantitative research of the situation of openness of government affairs in China in 2019. It consists of five parts: General Re-port, Systematic Advancement of Openness of Government Affairs, Systems Relating to Openness of Government Affairs, Openness of Government Affairs in Specific Fields and Giving Full Play to the Role of Openness of Government Affairs. This book contains a large amount of the latest and most authoritative data collected by the author's team with high credibility. The rule of law index research framework used in this book was initiated by the author's team and has been continuously updated and improved. Through the evaluation of government transparency, it demonstrates the improvement of China's open government system and the steady progress of open decision-making, as well as the significant progress of open government services. It also provides scientific and objective feasibility advice and suggestions for enhancing the awareness of openness, accurately identifying public information needs, integrating openness into the whole process of government activities, and improving the level of information security.

Explores and documents the causes and effects of the long history of vote denial on American politics, culture, law, and society. The debate over who can and cannot vote has been "on trial" since the American Revolution. Throughout U.S. history, the franchise has been awarded and denied on the basis of wealth, status, gender, ethnicity, and race. Featuring a unique mix of analysis and documentation, Voting Rights on Trial illuminates the long, slow, and convoluted path by which vote denial and dilution were first addressed, and then defeated, in the courts. Four narrative chapters survey voting rights from colonial times to the 2000 presidential election, focus on key court cases, and examine the current voting climate. The volume includes analysis of voting rights in the new century and their implications for future electoral contests. The coverage concludes with selections of documents from cases discussed, relevant statutes and amendments, and other primary sources. A timeline giving the history of voting rights from 1619, when Virginia planters voted for the first time, to 2000, when the Supreme Court invalidated Florida's recount process, which ultimately determined the outcome of the election Excerpts of key legal documents including Reynolds v. Sims (one person, one vote) and Bush v. Gore (debate over nationalization of voting rights)

The world appears to be globalising economically, technologically and even, to a halting extent, politically. This process of globalisation raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But for any international legal framework to exist, normative agreement between countries, with very different political, economic, cultural and legal traditions, becomes necessary. This work explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at least in part, a Bill of Rights. These texts reveal significant similarities; the Canadian Charter of Rights and Freedoms, for instance, had a marked influence on the drafting of the Bill of Rights for South Africa, New Zealand and Hong Kong as well as the Basic Law of Israel. Similarly, the drafts of Eastern European constitutions reflect significant borrowing from older texts. The essays in this book examine the depth of these similarities; in particular the extent to which textual borrowings point to the development of foundational values in these different national legal systems and the extent of the similarities or differences between these values and the priorities accorded to them. From these national studies the work analyses the rise of constitutionalism since the Second World War, and charts the possibility of a consensus on values which might plausibly underpin an effective and legitimate international legal order.

"Ambitious in scope, yet full of detailed and incisive criticisms of specific cases and theological principles, "Getting Over Equality" is an uncommon work of truly interdisciplinary scholarship. The provocative legal and theological theses make it a welcome addition to contemporary scholarship in both fields and a recommended text from any course that considers law and religion in the American context."--"The Journal of Religion"

Questions of religious freedom continue to excite passionate public debate. Proposals involving school prayer and the posting of the Ten Commandments in schools and courtrooms perennially spur controversy. But there is also a sense that the prevailing discourse is exhausted, that no one seems to know how to think about religious freedom in a way that moves beyond our stale, counterproductive thinking on this issue.

In Getting over Equality, Steven D. Smith, one of the most important voices now writing about religious liberty, provocatively contends that we must get over our presumptionmistakenly believed to be rooted in the Constitutionthat all religions are equally true and virtuous and "authentically American." Smith puts forth an alternative view, that the courts should promote an ideal of tolerance rather than equality and neutrality. Examining such controversial examples as the animal sacrifice case, the peyote case, and the problem of aid to parochial schools, Smith delineates a way for us to tolerate and respect contrary creeds without sacrificing or diluting our own beliefsand without pretending to believe in a spurious "equality" among the variety of diverse faiths.

Like systems and procedures in most areas of modern society, the functioning of courts throughout the world has been enormously affected by information and communication technologies (ICT). It has become crucial for lawyers to keep pace with technical changes in judicial systems, especially in international cases where an understanding of procedural variations from one system to another could spell the difference between success and failure. This text has been written by experts who have been engaged in the planning and implementation of ICT in the courts of their respective countries. To ensure information that is as homogeneous as possible, and to facilitate cross-border comparisons, the authors have followed a common and detailed "blueprint" which includes a brief description of the judicial system under discussion. Specific areas of court technology covered include case management systems, electronic filing, and electronic data interchange. Although the emphasis is on EU Member States, a general overview of ICT applications in some Latin American judiciaries is also provided.

Meetings: Laws, Rules, Procedures and Suggestions sets out the rules and procedures that apply to meetings so that the requirements are taken into account when planning meetings. Drawing on his extensive experience and personal professional conduct, the author provides suggestions to help facilitate the planning of meetings. All these suggestions are integrated with the legal requirements relating to meetings, so that compliance and smooth flowing conduct will be the result. This book is recommended for company secretaries, trustees of bodies such as retirement funds or bodies corporate of sectional title schemes, directors who chair board and board committee meeting as well as administration managers who arrange staff and committee meetings. Pat Mahony is a fellow of the Chartered Governance Institute and a past president of its Southern African division. In a career spanning several decades he has been very actively involved in meetings at all levels, including large stock exchange listed companies, employee benefit funds such as retirement funds and medical aid societies, and academic and professional bodies. He has lectured extensively on a part-time basis on a range of subjects aimed at furthering the professional development needs of many in South Africa and overseas. His authorship portfolio comprises several highly practical publications and he is currently the chief technical editor of Company Secretarial Practice, published by Juta.

It has been well-established that many of the injustices that people around the world experience every day, from food insecurity to unsafe labor conditions and natural disasters, are the result of wide-scale structural problems of politics and economics. These are not merely random personal problems or consequences of bad luck or bad planning. Confronted by this fact, it is natural to ask what should or can we do to mitigate everyday injustices? In one sense, we answer this question when we buy the local homeless street newspaper, decide where to buy our clothes, remember our reusable bags when we shop, donate to disaster relief, or send letters to corporations about labor rights. But given the global scale of injustices related to poverty, environmental change, gender, and labor, can these individual acts really impact the seemingly intractable global social, political, and economic structures that perpetuate and exacerbate them? Moreover, can we respond to injustices in the world in ways that do more than just address their consequences? In this book, Brooke A. Ackerly both answers the question of what should we do, and shows that it's the wrong question to ask. To ask the right question, we need to ground our normative theory of global justice in the lived experience of injustice. Using a feminist critical methodology, she argues that what to do about injustice is not just an ethical or moral question, but a political question about assuming responsibility for injustice, regardless of our causal responsibility and extent of our knowledge of the injustice. Furthermore, it is a matter that needs to be guided by principles of human rights. As she argues, while many understand human rights as political goals or entitlements, they can also guide political strategy. Her aims are twofold: to present a theory of what it means to take responsibility for injustice and for ensuring human rights, as well as to develop a guide for how to take responsibility in ways that support local and global movements for transformative politics. In order to illustrate her theory and guide for action, Ackerly draws on fieldwork on the Rana Plaza collapse in 2013, the food crisis of 2008, and strategies from 125 activist organizations working on women's and labor rights across 26 countries. Just Responsibility integrates these ways of taking political responsibility into a rich theory of political community, accountability, and leadership in which taking responsibility for injustice itself transforms the fabric of political life.