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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
Title 32 presents regulations governing grants, military and
civilian personnel, military justice, security, defense
contracting, closures and realignment, civil defense, environment,
and other activities by the Department of Defense. Regulations
specific to the Departments of the Army, Navy, and the Air Force;
the Defense Logistics Agency; the Central Intelligence Agency; the
Information Security Oversight Office; the National Security
Council and other groups are included as well. Additions and
revisions to this section of the code are posted annually by July.
Publication follows within six months.
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.
Title 29 presents regulations addressing labor management
standards; wages and hours; equal employment; occupational safety;
and pension and welfare benefits.
'In their beautifully written book, O'Brien and Doyle tell a story
of small places - where human rights and administrative justice
matter most. A human rights discourse is cleverly intertwined with
the debates about the relationship between the citizen and the
state and between citizens themselves. O'Brien and Doyle re-imagine
administrative justice with the ombud institution at its core. This
book is a must read for anyone interested in a democratic vision of
human rights deeply embedded within the administrative justice
system.'-Naomi Creutzfeldt, University of Westminster, UK 'Doyle
and O'Brien's book makes an important and timely contribution to
the growing literature on administrative justice, and breaks new
ground in the way that it re-imagines the field. The book is
engagingly written and makes a powerful case for reform, drawing on
case studies and examples, and nicely combining theory and
practice. The vision the authors provide of a more potent and
coherent approach to administrative justice will be a key reference
point for scholars, policymakers and practitioners working in this
field for years to come.'-Dr Chris Gill, Lecturer in Public Law,
University of Glasgow 'This immensely readable book ambitiously and
successfully re-imagines adminstrative justice as an instrument of
institutional reform, public trust, social rights and political
friendship. It does so by expertly weaving together many disparate
motifs and threads to produce an elegant tapestry illustrating a
remaking of administrative justice as a set of principles with the
ombud institution at its centre.'-Carolyn Hirst, Independent
Researcher and Mediator, Hirstworks This book reconnects everyday
justice with social rights. It rediscovers human rights in the
'small places' of housing, education, health and social care, where
administrative justice touches the citizen every day, and in doing
so it re-imagines administrative justice and expands its democratic
reach. The institutions of everyday justice - ombuds, tribunals and
mediation - rarely herald their role in human rights frameworks,
and never very loudly. For the most part, human rights and
administrative justice are ships that pass in the night. Drawing on
design theory, the book proposes to remedy this alienation by
replacing current orthodoxies, not least that of 'user focus', with
more promising design principles of community, network and
openness. Thus re-imagined, the future of both administrative
justice and social rights is demosprudential, firmly rooted in
making response to citizen grievance more democratic and embedding
legal change in the broader culture.
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This provocative book investigates the relationship between law and
artificial intelligence (AI) governance, and the need for new and
innovative approaches to regulating AI and big data in ways that go
beyond market concerns alone and look to sustainability and social
good. Taking a multidisciplinary approach, the contributors
demonstrate the interplay between various research methods, and
policy motivations, to show that law-based regulation and
governance of AI is vital to efforts at ensuring justice, trust in
administrative and contractual processes, and inclusive social
cohesion in our increasingly technologically-driven societies. The
book provides valuable insights on the new challenges posed by a
rapid reliance on AI and big data, from data protection regimes
around sensitive personal data, to blockchain and smart contracts,
platform data reuse, IP rights and limitations, and many other
crucial concerns for law's interventions. The book also engages
with concerns about the 'surveillance society', for example
regarding contact tracing technology used during the Covid-19
pandemic. The analytical approach provided will make this an
excellent resource for scholars and educators, legal practitioners
(from constitutional law to contract law) and policy makers within
regulation and governance. The empirical case studies will also be
of great interest to scholars of technology law and public policy.
The regulatory community will find this collection offers an
influential case for law's relevance in giving institutional
enforceability to ethics and principled design.
The first time Ravi Shankar was arrested, he spoke out against
racist policing on National Public Radio and successfully sued the
city of New York. The second time, he was incarcerated when his
promotion to full professor was finalized. During his ninety-day
pretrial confinement at the Hartford Correctional Center--a level
4, high-security urban jail in Connecticut--he met men who shared
harrowing and heart-felt stories. The experience taught him about
the persistence of structural racism, the limitations of mass
media, and the pervasive traumas of twenty-first-century daily
life. Shankar's bold and complex self-portrait--and portrait of
America--challenges us to rethink our complicity in the criminal
justice system and mental health policies that perpetuate inequity
and harm. Correctional dives into the inner workings of his mind
and heart, framing his unexpected encounters with law and order
through the lenses of race, class, privilege, and his bicultural
upbringing as the first and only son of South Indian immigrants.
Vignettes from his early life set the scene for his spectacular
fall and subsequent struggle to come to terms with his own demons.
Many of them, it turns out, are also our own.
This book is about Freedom of Speech and public discourse in the
United States. Freedom of Speech is a major component of the
cultural context in which we live, think, work, and write,
generally revered as the foundation of true democracy. But the
issue has a great deal more to do with social norms rooted in a web
of cultural assumptions about the function of rhetoric in social
organization generally, and in a democratic society specifically.
The dominant, liberal notion of free speech in the United States,
assumed to be self-evidently true, is, in fact, a particular
historical and cultural formation, rooted in Enlightenment
philosophies and dependent on a collection of false narratives
about the founding of the country, the role of speech and media in
its development, and the relationship between capitalism and
democracy. Most importantly, this notion of freedom of speech
relies on a warped sense of the function of rhetoric in democratic
social organization. By privileging individual expression, at the
expense of democratic deliberation, the liberal notion of free
speech functions largely to suppress rather than promote meaningful
public discussion and debate, and works to sustain unequal
relations of power. The presumed democratization of the public
sphere, via the Internet, raises more questions than it answers-who
has access and who doesn't, who commands attention and why, and
what sorts of effects such expression actually has. We need to
think a great deal more carefully about the values subsumed and
ignored in an uncritical attachment to a particular version of the
public sphere. This book seeks to illuminate the ways in which
cultural framing diminishes the complexity of free speech and
sublimates a range of value-choices. A more fully democratic
society requires a more critical view of freedom of speech.
What makes a great book? If the determining factors are the
content,authorship and timing of publication then this collection
of essays from some of Europe's most eminent judges and jurists
satisfies all three criteria. Readers will here find the expanded
versions of the speeches given at a one-day conference in London to
mark, from a legal point of view, the beginning of the new
millennium. In a thoughtful and predominantly comparative manner
the distinguished speakers explore the cross fertilisation of ideas
that is taking place between the Common and Civil law systems in
such important topics as human rights, commercial law, and
comparative methodology. The contributors include Lords Irvine,
Bingham, Woolf, Steyn, and Goff, the President of the Court of the
European Communities, Dr Iglesias, the President of the Court of
Human Rights, Dr Wildhaber, the President of the German
Constitutional Court, Professor Limbach, Justices Lenoir and
Mirabelli, respectively of the French and Italian Constitutional
Courts, the Professor Walter van Gerven, former Advocate General of
the Court of the European Communities, Professor Klaus Hopt,
co-Director of the Max-Planck Institute of Hamburg, Professor
Christian von Bar, Director of the Institute of Comparative Law at
the University of Osnabruck and the organiser of the conference,
Professor Basil Markesinis, Director of the Oxford Institute of
European and Comparative Law. The book commences with a Foreword by
Keith Clark, Senior Partner of the multinational law firm, Clifford
Chance, who have sponsored the conference. This is a unique book
about legal practice in the increasingly integrated world of
tomorrow.
In the 20 years between 1895 and 1915, two key leaders-Booker T.
Washington and W.E.B. Du Bois-shaped the struggle for African
American rights. This book examines the impact of their fierce
debate on America's response to Jim Crow and positions on civil
rights throughout the 20th century-and evaluates the legacies of
these two individuals even today. The debate between W.E.B. Du Bois
and Booker T. Washington on how to further social and economic
progress for African Americans lasted 20 years, from 1895 to
Washington's death in 1915. Their ongoing conversation evolved over
time, becoming fiercer and more personal as the years progressed.
But despite its complexities and steadily accumulating bitterness,
it was still, at its heart, a conversation-an impassioned contest
at the turn of the century to capture the souls of black folk. This
book focuses on the conversation between Washington and Du Bois in
order to fully examine its contours. It serves as both a document
reader and an authored text that enables readers to perceive how
the back and forth between these two individuals produced a
cacophony of ideas that made it anything but a bipolar debate, even
though their expressed differences would ultimately shape the two
dominant strains of activist strategy. The numerous chapters on
specific topics and historical events follow a preface that
presents an overview of both the conflict and its historiographical
treatment; evaluates the legacies of both Washington and Du Bois,
emphasizing the trajectories of their theories beyond 1915; and
provides an explanation of the unique structure of the work. Offers
a fresh exploration of the fascinating conversations and
controversies between two of the most important African American
leaders in history Provides an in-depth exploration of these two
important leaders' perspectives and views on America's response to
Jim Crow and civil rights that leads to significant new conclusions
about historical information Presents the words of DuBois,
Washington, and their allies as a conversation that enables readers
to better understand the big-picture story of these two scholars
This book offers a comprehensive assessment of the successes and
failures in China's current legal system construction. It
systematically and comprehensively examines the development of
China's rule of law policy since the reform and opening up, as well
as future trends. The main areas covered include: The course,
achievements and motivation behind China's construction of
law-based administration; Development, status quo and general
characteristics of administrative legislation; Reform of the
administrative examination and approval system and the
administrative licensing system; The relationship between social
security system reform, beneficial administration and service
government; The development of administrative law in China; Origin
of the concept of due process, experiences with and development
trends concerning China's administrative legislative procedure; The
importance of government information, open practices, problems and
development trend; History, current situation, reform mechanism of
the emergency management system and the improvement of the legal
system for emergency requisitions; The course, practical problems
in and reasons for the enhanced approach of administrative
reconsideration system; The course, achievements in, current
situation and enhanced approach of administrative litigation
system; The course of the national compensation system; and the
construction of responsible government and administrative
accountability system.
This book explores the conflict between the Catalan project to
become independent and the Spanish state's opposition to any
attempt of secessionism. The volume addresses some of the key
political and academic issues of contemporary European societies:
nationalism, separatism and sovereignty. The banned referendum in
Catalonia in October 2017 unveiled the existence of multiple
crises, from territorial to economic and political. Indeed, the
Catalan issue is about the crisis of sovereignty: who holds
legitimacy to make decisions, and who is in power legally and
politically? The book is structured according to three themes:
sovereignty and its people, where the realignment to independence,
populism and the definition of the demos are discussed; collective
identities and actions, to account for the shaping of 'us', the
importance of collective memory and the cross-alliances forged
during the referendum; and internationalization, focusing on
Europeanisation, international media and comparative constitutional
perspectives.
In this edited volume, an array of scholars has examined recent
policymaking efforts in selected areas of contemporary importance.
Government at Work: Policymaking in the Twenty-First Century
Congress provides chapter-length treatment to reveal the
similarities and fundamentals of policy development while also
illustrating the unique issues and obstacles found in each policy
environment. This book's scope spans the entire policymaking
process, exposing the readers to the interaction among all major
power centers, ranging from interest groups, media, courts,
Congress, the president, and the federal bureaucracy. It shows the
dynamic nature of American policymaking system. The approach
employed in this book treats events, such as Congress passing a law
or the Supreme Court announcing a ruling, as important steps in the
policy process rather than as merely ends unto themselves. This
volume focuses on major legislation passed by Congress since the
turn of the century. It features one case study per chapter,
demonstrating how issues rise to the national agenda, pass through
the congressional labyrinth to become public policies, are
implemented by the federal bureaucracy, receive feedback from
affected elements of the society, and ultimately evolve over the
years.
Title 32 presents regulations governing grants, military and
civilian personnel, military justice, security, defense
contracting, closures and realignment, civil defense, environment,
and other activities by the Department of Defense. Regulations
specific to the Departments of the Army, Navy, and the Air Force;
the Defense Logistics Agency; the Central Intelligence Agency; the
Information Security Oversight Office; the National Security
Council and other groups are included as well. Additions and
revisions to this section of the code are posted annually by July.
Publication follows within six months.
Globalisation, Law and the State begins - as is customary in
globalisation literature - with an acknowledgement of the
definitional difficulties associated with globalisation. Rather
than labour the point, the book identifies some economic, political
and cultural dimensions to the phenomenon and uses these to analyse
existing and emerging challenges to State-centric and territorial
models of law and governance. It surveys three areas that are
typically associated with globalisation - financial markets, the
internet, and public contracts - as well as trade more generally,
the environment, human rights, and national governance. On this
basis it considers how global legal norms are formed, how they
enmesh with the norms of other legal orders, and how they create
pressure for legal harmonisation. This, in turn, leads to an
analysis of the corresponding challenges that globalisation
presents to traditional notions of sovereignty and the models of
public law that have grown from them. While some of the themes
addressed here will be familiar to students of the European process
(there are prominent references to the European experience
throughout the book), Globalisation, Law and the State provides a
clear insight into how the sovereign space of States and their
legal orders are diminishing and being replaced by an altogether
more fluid system of intersecting orders and norms. This is
followed by an analysis of the theory and practice of the
globalisation of law, and a suggestion that the workings of law in
the global era can best be conceived of in terms of networks that
link together a range of actors that exist above, below and within
the State, as well as on either side of the public-private divide.
This book is an immensely valuable, innovative and concise study of
globalisation and its effect on law and the state.
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.
This collection considers human rights and incarceration in
relation to the liberal-democratic states of Australia, New Zealand
and the UK. It presents original case-study material on groups that
are disproportionately affected by incarceration, including
indigenous populations, children, women, those with disabilities,
and refugees or 'non-citizens'. The book considers how and why
human rights are eroded, but also how they can be built and
sustained through social, creative, cultural, legal, political and
personal acts. It establishes the need for pragmatic reforms as
well as the abolition of incarceration. Contributors consider what
has, or might, work to secure rights for incarcerated populations,
and they critically analyse human rights in their legal,
socio-cultural, economic and political contexts. In covering this
ground, the book presents a re-invigorated vision of human rights
in relation to incarceration. After all, human rights are not
static principles; they have to be developed, fought over and
engaged with.
Increasingly, European and other Western states have sought to
control the movement of refugees outside their borders. To do this,
states have adopted a variety of measures - including carrier
sanctions, interception of migrants at sea, posting of immigration
officers in foreign countries and external processing of
asylum-seekers. This book focuses on the legal implications of
external mechanisms of migration control for the protection of
refugees and irregular migrants. The book explores how refugee and
human rights law has responded to the new measures adopted by
states, and how states have sought cooperation with other actors in
the context of migration control. The book defends the thesis that
when European states attempt to control the movement of migrants
outside their territories, they remain responsible under
international law for protecting the rights of refugees as well as
their general human rights. It also identifies how EU law governs
and constrains the various types of pre-border migration
enforcement employed by EU Member States, and examines how
unfolding practices of external migration control conform with
international law. This is a work which will be essential reading
for scholars and practitioners of asylum and refugee law throughout
Europe and the wider world. The book received 'The Max van der
Stoel Human Rights Award 2011' (first prize category
dissertations); and the 'Erasmianum Study Prize 2011'.
Title 49 presents regulations governing research and special
programs administration, railroads, highways, vessel cargo
containers, traffic safety, surface transportation, transit
administration, transportation safety, etc. Additions and revisions
to this section of the code are posted annually by October.
Publication follows within six months.
The focus of this book is the legal analysis of the evolution of
federal relationships from an asymmetric treaty-constitutional
federation to a de facto unitary state. Questioned is whether it is
worth returning to the asymmetric federative form, while the aim is
to review the origins of federalism in the New Russia, assess the
present de jure and de facto situations and analyze whether Russia
has a chance of reviving federalism. Steps forward on the way to
developed federal relationships in the 1990s have been replaced by
steps backwards owing to unitary tendencies in the 2000s and the
2010s. But is this a sustainable state of affairs? The possible
ways of framing relations between the center and the constituent
units for the next four years and beyond are also discussed. This
book is aimed at researchers and students in the field of
comparative constitutional law, Russian studies and federal and
regional studies. Gulnara R. Shaikhutdinova is Professor and Doctor
of International Law in the Faculty of Law of Kazan (Volga Region)
Federal University, Republic of Tatarstan, Russian Federation.
When the Founders penned the Fourth Amendment to the Constitution,
it was not difficult to identify the "persons, houses, papers, and
effects" they meant to protect; nor was it hard to understand what
"unreasonable searches and seizures" were. The Fourth Amendment was
intended to stop the use of general warrants and writs of
assistance and applied primarily to protect the home. Flash forward
to a time of digital devices, automobiles, the war on drugs, and a
Supreme Court dominated by several decades of the jurisprudence of
crime control, and the legal meaning of everything from "effects"
to "seizures" has dramatically changed. Michael C. Gizzi and R.
Craig Curtis make sense of these changes in The Fourth Amendment in
Flux. The book traces the development and application of search and
seizure law and MYUjurisprudence over time, with particular
emphasis on decisions of the Roberts Court. Cell phones, GPS
tracking devices, drones, wiretaps, the Patriot Act, constantly
changing technology, and a political culture that emphasizes crime
control create new challenges for Fourth Amendment interpretation
and jurisprudence. This work exposes the tensions caused by
attempts to apply pretechnological legal doctrine to modern
problems of digital privacy. In their analysis of the Roberts
Court's relevant decisions, Gizzi and Curtis document the different
approaches to the law that have been applied by the justices since
the Obama nominees took their seats on the court. Their account,
combining law, political science, and history, provides insight
into the court's small group dynamics, and traces changes regarding
search and seizure law in the opinions of one of its longest
serving members, Justice Antonin Scalia. At a time when issues of
privacy are increasingly complicated by technological advances,
this overview and analysis of Fourth Amendment law is especially
welcome-an invaluable resource as weaddress the enduring question
of how to balance freedom against security in the context of the
challenges of the twenty-firstcentury.
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