Conflict is the essence of civil liberty. Individual or group rights are rarely, if ever, willingly bestowed without a struggle. From the day that King John was forced at Runnymede to recognize that his barons had certain prerogatives to the present era, when racial minorities, women, and gays and lesbians fight for a place at the table, the din of political, judicial, and sometimes violent battle echoes through the United States. And yet, are the law of freedom of speech and the law of equality truly on a collision course? Henry Louis Gates, Jr., has written that the strongest argument for regulating speech is the unreflective stupidity of most of the arguments for the other side - the tendency of those "who invoke the First Amendment mantra, and seem immediately to fall into a trance, oblivious to further argument and evidence". In an attempt to move past such rote recitations, this volume brings together such thinkers as Sylvia Law, Martin Redish, Ira Glasser, Randall Kennedy, Susan Deller Ross, and Wendy Kaminer to engage in a free-ranging conversation about this very issue. Focusing on the flashpoint topics of abortion clinic violence, workplace harassment, and hate crimes/hate speech, the contributors illustrate ways that we might get beyond the reflexivity that has dictated much of the debate around speech and equality.

The Article 6 fair trial rights are the most heavily-litigated Convention rights before the European Court of Human Rights, generating a large and complex body of case law. With this book, Goss provides an innovative and critical analysis of the European Court's Article 6 case law. The category of 'fair trial rights' includes many component rights. The existing literature tends to chart the law with respect to each of these component rights, one by one. This traditional approach is useful, but it risks artificially isolating the case law in a series of watertight compartments. This book takes a complementary but different approach. Instead of analysing the component rights one by one, it takes a critical look at the case law through a number of 'cross-cutting' problems and themes common to all or many of the component rights. For example: how does the Court view its role in Article 6 cases? When will the Court recognise an implied right in Article 6? How does the Court assess Article 6 infringements, and when will the public interest justify an infringement? The book's case-law-driven approach allows Goss to demonstrate that the European Court's criminal fair trial rights jurisprudence is marked by considerable uncertainty, inconsistency, and incoherence.

This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.

This book offers an exhaustive analysis of extraterritorial employment standards. Part I addresses the U.S. role in the enforcement of internationally recognized worker rights in the world community. Worker rights include the right of association; the right to organize and bargain collectively; a prohibition on the use of any form of forced or compulsory labor; a minimum age for the employment of children; acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; and the right to work in an environment free from discrimination. By using economic coercion in the form of preferential trade benefits, investment incentives, and trade sanctions, the United States attempts to encourage foreign governments and employers, both local and transnational, to abandon exploitative working conditions for employment standards recognized by the world community. Part II is an exhaustive review of employment standards for U.S. citizens employed abroad, including equal employment opportunity standards. It also addresses extraterritorial wage and hour regulation and federal statutes establishing worker compensation standards to persons employed at military installations or in areas where the risk of war hazards are prevalent. Part III is a discussion of the policy concerns and implications of extraterritorial employment standards. These standards impact domestic producers, domestic workers and their representative organizations, consumers, exporters and importers, as well as multinational enterprises and their employees. This book is indispensable for managers, legal counsel for employers and employees, and policy makers and labor leaders in any industry having contact with the global economy.

is book of twelve original essays will bring together two themes of American culture: law and race. The essays fall into four groups: cases that are essential to the history of race in America; cases that illustrate the treatment of race in American history; cases of great fame that became the trials of the century of their time; and cases that made important law. Some of the cases discussed include Amistad, Dred Scott, Plessy v. Ferguson, Scottsboro, Korematsu v. US, Brown v. Board, Loving v. Virginia, Regents v. Bakke, and OJ Simpson. All illustrate how race often determined the outcome of trials, and how trials that confront issues of racism provide a unique lens on American cultural history. Cases include African-Americans, Asian-Americans, and Caucasians. Contributors include a mix of junior and senior scholars in law schools and history departments.

Effective governance is a crucial aspect of all modern nations. Through various collaborative efforts and processes, nations can enhance their current governance systems. The Handbook of Research on Sub-National Governance and Development is a pivotal reference source for the latest scholarly material on the intersection between local and national politics, analyzing how this relationship affects nations' economy and administration. Highlighting theoretical foundations and real-world applications, this book is ideally designed for professionals, academics, students, and practitioners actively involved in the fields of public policy and governance.

The Supreme Court's intervention in the 2000 election will shape American law and democracy long after George W. Bush has left the White House. This vitally important book brings together a broad range of preeminent legal scholars who address the larger questions raised by the Supreme Court's actions. Did the Court's decision violate the rule of law? Did it inaugurate an era of super-politicized jurisprudence? How should Bush v. Gore change the terms of debate over the next round of Supreme Court appointments?

The contributors -- Bruce Ackerman, Jack Balkin, Guido Calabresi, Steven Calabresi, Owen Fiss, Charles Fried, Robert Post, Margaret Jane Radin, Jeffrey Rosen, Jed Rubenreid, Cass Sunstein, Laurence Tribe, and Mark Tushnet -- represent a broad political spectrum. Their reactions to the case are varied and surprising, filled with sparkling argument and spirited debate. This is a must-read book for thoughtful Americans everywhere.

Examining the United States Supreme Court's actual use of legislative history in statutory interpretation, distills the theoretical issues presented by the Court's practices, then analyzes those issues in light of the arguments of several leading theorists. Often, after determining that the statutory text is ambiguous or produces absurd results, the Court looks to legislative history for guidance, saying nothing more than, "The legislative history indicates that Congress intended ..." in order to justify its use of legislative history. This simple statement opens a theoretical thicket of issues about whether a corporate body like a legislature is capable of holding intentions, whether such intentions are actually discoverable, what relation legislative history has to legislative intentions, and what deference must be afforded to either legislative history or legislative intentions. This text separates the utility and usability of legislative history from theories based on legislative intention. Rather than basing an argument for using legislative history on legislative intention, the book argues that legislative history conveys a certain degree of expertise and/or provides certain contextual information about the subject matter of the statute. Legislative history may also be authoritative as a matter of judicial precedent; that is, legislative history may be authoritative because judges have said so in published opinions. In reaching this conclusion, this book follows Joseph Raz and argues that the only legislative intentions that may be identified and deemed legally authoritative as a matter of general theory are minimal intentions relating to the enactment of a particular text as a legally authoritative statute within a particular legal system. This approach - justifying the Court's discretionary use of legislative history without reference to legislative intention - accounts for and undermines most of the major objections to using legislative history, such as objections based on the theoretical problems surrounding legislative intentions, objections based on the perceived unconstitutionality of relying on legislative history, and objections based on its frequent illegality.

In the first work of its kind, Brazier successfully tackles the Herculean task of describing and evaluating contemporary Ministerial life and how it is affected by the law, constitutional convention, and political practice. Ministers of the Crown provides a detailed and concise description of the legal and political position of Ministers, and of their work within the contemporary British governmental system. It covers the daily work of Ministers in their departments and collectively in government; their benefits and pay; as well as how politicians prepare themselves for office and the legal and other qualifications which are required for appointment. Detailed coverage is given to Ministers as legislators, how Ministers are required to exercise their legal powers, and the position of Ministers as plaintiffs and defendants. Finally, the loss of office, and its consequences, is considered. As a detailed assessment of Ministerial life this book is invaluable, but Brazier's capacity to bring the Ministerial world to life using a wealth of contemporary and fascinating detail, transforms a potentially dry subject.

When an economic collapse, natural disaster, epidemic outbreak, terrorist attack, or internal crisis puts a country in dire need, governments must rise to the occasion to protect their citizens, sometimes employing the full scope of their powers. How do political systems that limit government control under normal circumstances allow for the discretionary and potentially unlimited power that such emergencies sometimes seem to require? Constitutional systems aim to regulate government behavior through stable and predictable laws, but when their citizens' freedom, security, and stability are threatened by exigencies, often the government must take extraordinary action regardless of whether it has the legal authority to do so. In Extra-Legal Power and Legitimacy: Perspectives on Prerogative, Clement Fatovic and Benjamin A. Kleinerman examine the costs and benefits associated with different ways that governments have wielded extra-legal powers in times of emergency. They survey distinct models of emergency governments and draw diverse and conflicting approaches by joining influential thinkers into conversation with one another. Chapters by eminent scholars illustrate the earliest frameworks of prerogative, analyze American perspectives on executive discretion and extraordinary power, and explore the implications and importance of deliberating over the limitations and proportionality of prerogative power in contemporary liberal democracy. In doing so, they re-introduce into public debate key questions surrounding executive power in contemporary politics.

Federalism remains a highly contentious issue in the United Kingdom, but however suspect the 'F' word may be, a substantial amount of devolution has already become part of the local landscape and more may yet follow. With the competence for a number of policies thus shifting from Westminster to Scotland, Wales, Northern Ireland, and in future perhaps even within England itself, foreign experience with federal and regional structures becomes a valuable source of ideas. In a series of contributions, distinguished experts from a wide range of legal systems including Canada, the United States, Germany, South Africa and the European Union present their experience, criticisms, and views concerning, inter alia, the distribution of power, judicial review and human rights protection in federalised and regionalised states. The book contains the papers from a conference jointly organised by the Institute of Global Law (UCL) and the Institute of Transnational Law (The University of Texas at Austin).

Writing of the France of the 1930s, the late Simone Weil declared, The state has morally killed everything smaller than itself. Liebmann asserts that a comparable development has recently taken place in the United States, fostering civic apathy and an inability to address serious social problems, and that, not for the first time, abuse of judicial review has caused the Constitution to be used as a tool of class interests. After a general survey of these consequences, Liebmann discusses the original constitutional debates and understanding. He then assesses First Amendment doctrine, through a discussion of the views of Harry Kalven, the most influential modern commentator on free speech issues, and then discusses the appropriate relationship of constitutional restraints to governmental fostering of public policy, on zoning, education, law enforcement, urban renewal, day care, traffic regulation, and care of the elderly, and illustrates the hopeful developments that are possible if judicial restraint is restored. A significant analysis for all scholars and researchers in the areas of constitutional law and current American public policy and politics.

This pioneering study explores the problems of politics and law that lie behind the growing phenomenon of NIMBY (Not In My Back Yard), a stance taken by residential property owners attempting to keep various types of facilities out of their neighborhoods. Denis J. Brion argues that the pejorative connotation that NIMBY carries is both unfortunate and unwarranted and seeks to expose the underlying problems for which NIMBY is a symptom. In particular, Brion examines the impact of siting decisions on those who will be the neighbors of a potential project and the political gridlock that so often results when they become aware of the nature of this impact. The discussion is illuminated by a review of the journalistic accounts of particular episodes chosen to demonstrate the pervasiveness and complexity of the NIMBY phenomenon.

Divided into three sections, the study begins by analyzing how a system of public decisionmaking, founded on the ideal of participatory democracy and built on the structure of representative government, is peculiarly subject to capture by small groups intent on pursuing their own narrow agendas. The result, Brion shows, is often allocational choices which yield benefits to few and harm to many. In Part II, he demonstrates the failure of the public remedial process to provide traditional common-law remedies to those harmed by Locally Unwanted Land Uses (LULUs). Brion then looks at the consequences of this remedial failure from both traditional and non-traditional points of view in order to provide a basis for devising an approach to the problems that underly the NIMBY syndrome. The concluding section proposes a solution that involves both expanding the focus of political and constitutional debate to include the notion of communality and narrowing the traditional conception of right to property. As a unique full-length treatment of the subject, this study makes a significant contribution to the ongoing debate over the NIMBY phenomenon and its consequences.

Nowhere today is constitutional law more avidly debated and studied than in the 12 post-Soviet republics known as the Commonwealth of Independent States (CIS). Drawing on past experience as well as on European, American and Asian models, the constitutions of these countries have a great deal to tell the legal scholar about how the independent states of the post-Cold-War world understand the transition to a market economy. This text contains English translations which accurately present the current (1999) constitutional laws of all 12 CIS countries. The author and translator - himself active as an adviser on constitutional reform in several of these states - has taken care to establish the most authentic sources through an investigation of the existing documents and through personal interviews. From a great mass of confusing and often contradictory material in a dozen languages, he has assembled a coherent collection of documents that allows us to see the lineaments of constitutional law at a crucial stage of development in this fast-changing region of great economic significance.

This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field - lawyers, historians and political scientists - contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant'Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant'Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism - The Hague.

This volume deals with questions of political party funding and campaign financing, issues which arouse controversy in many parts of the world. How are the central actors in the political arena supposed to gather the funds necessary to operate effectively on behalf of their chosen political ends? And, how may they spend money in furtherance of their political objectives? The aim of this volume, the first in a new series of Columbia University/London University collaborative projects, is to explore these issues in the specific context of a number of national settings.The studies presented here show that financing questions cannot be addressed independent of the constitutional conventions of the country, the nature of the political parties in the country, and the means of access to publication and the media in any given nation. The national studies in this volume reveal a rich diversity in the approach to regulation in Australia, Canada, the European Union, Japan, New Zealand, Quebec, the United Kingdom and the United States. The topicality of the issues considered is reflected in the fact that since the book was first mooted there have been major decisions of the US Supreme Court and the Supreme Court of Canada, as well as an investigation and report by the Electoral Commission in the United Kingdom, all of which have a direct bearing on the legal and policy issues discussed in this book.