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In 2010, Martin Loughlin, Professor of Public Law at the LSE, published Foundations of Public Law, 'an account of the foundation of the discipline of public law with a view to identifying its essential character'. The book has become a landmark in the field, and it has been said, notably by one of its major critics, that it now provides the 'starting point' for any deeper inquiry into the subject. The purpose of this volume is to engage critically with Foundations - conceptually, comparatively and historically - from the viewpoints of public law, private law, political, social and legal theory, as well as jurisdictional perspectives including the UK, US, India, and Continental Europe. Scholars also consider the legacy and continuing relevance of Foundations in the light of developments in transnational law, global law and regional integration in the European Union.
This innovative collection offers one of the first analyses of criminologies of the military from an interdisciplinary perspective. While some criminologists have examined the military in relation to the area of war crimes, this collection considers a range of other important but less explored aspects such as private military actors, insurgents, paramilitary groups and the role of military forces in tackling transnational crime. Drawing upon insights from criminology, this book's editors also consider the ways the military institution harbours criminal activity within its ranks and deals with prisoners of war. The contributions, by leading experts in the field, have a broad reach and take a truly global approach to the subject.
A towering and beloved figure in legal scholarship, Martha Minow explores the complicated intersection between law, justice and forgiveness, asking whether law should encourage individuals to forgive and when the courts, public officials and specific laws should forgive. Examining these questions through sometimes troubling cases with compassion and acumen, Minow acknowledges that there are grounds for both individuals and societies to withhold forgiveness but argues that there are also many places where letting go of justified grievances can make law more just, not less. This type of lawful forgiveness might also nudge individuals and societies towards the respect and generosity that comes with apology and restitution. Forgiveness does not change the past but it does enlarge the future.
The first wave of democratization in the United States - the removal of property and taxpaying qualifications for the right to vote - was accompanied by the disenfranchisement of African American men, with the political actors most supportive of the former also the most insistent upon the latter. The United States is not unique in this respect: other canonical cases of democratization also saw simultaneous expansions and restrictions of political rights, yet this pattern has never been fully detailed or explained. Through case studies of the USA, the UK, and France, Disenfranchising Democracy offers the first cross-national account of the relationship between democratization and disenfranchisement. It develops a political institutional perspective to explain their co-occurrence, focusing on the politics of coalition-building and the visions of political community coalitions advance in support of their goals. Bateman sheds new light on democratization, connecting it to the construction of citizenship and cultural identities.
For the third time in forty-five years, America is talking about impeaching a president, but the impeachment provisions of the American constitution are widely misunderstood. In High Crimes and Misdemeanors, constitutional scholar Frank O. Bowman, III offers unprecedented clarity to the question of impeachment, tracing its roots to medieval England through its adoption in the Constitution and 250 years of American experience. By examining the human and political history of those who have faced impeachment, Bowman demonstrates that the Framers intended impeachment to be a flexible tool, adaptable to the needs of any age. Written in a lively, engaging style, the book combines a deep historical and constitutional analysis of the impeachment clauses, a coherent theory of when impeachment should be used to protect constitutional order against presidential misconduct, and a comprehensive presentation of the case for and against impeachment of President Trump. It is an indispensable work for the present moment.
In Digital Data Collection and Information Privacy Law, Mark Burdon argues for the reformulation of information privacy law to regulate new power consequences of ubiquitous data collection. Examining developing business models, based on collections of sensor data - with a focus on the 'smart home' - Burdon demonstrates the challenges that are arising for information privacy's control-model and its application of principled protections of personal information exchange. By reformulating information privacy's primary role of individual control as an interrupter of modulated power, Burdon provides a foundation for future law reform and calls for stronger information privacy law protections. This book should be read by anyone interested in the role of privacy in a world of ubiquitous and pervasive data collection.
Non-disability mental conditions, such as personality disorders, can render a service member unsuitable for military service and can lead to an administrative separation. This book examines the extent to which the Department of Defense (DOD) and the military services are able to identify the number of enlisted service members separated for non-disability mental conditions, and the military services are complying with DOD requirements when separating enlisted service members for non-disability mental conditions, including personality disorders, and how DOD and the military services oversee such separations.
The Fourteenth Amendment to the Constitution, ratified in 1868, sought to protect the rights of the newly freed slaves; but its first important test did not arise until five years later. That test centered on a vitriolic dispute among the white butchers of mid-Reconstruction New Orleans.
The rough-and-tumble world of nineteenth-century New Orleans was a sanitation nightmare, with the city's slaughterhouses dumping animal remains into local backwaters. When Louisiana authorized a monopoly slaughterhouse to bring about sanitation reform, many independent butchers felt disenfranchised. Framing their case as an infringement of rights protected by the new amendment, they flooded the lower courts with nearly 300 suits. The surviving cases that reached the U.S. Supreme Court pitted the butchers' right to labor against the state's "police power" to regulate public health. The result was a controversial decision that for the first time addressed the meaning and import of the Fourteenth Amendment.
Speaking for the majority in the Court's 5-4 decision, Justice Samuel F. Miller upheld the state's actions as a fair use of its "police power." He also argued that the Fourteenth Amendment was intended exclusively as a means of protecting and redressing the suffering of former slaves. The result was a very restricted interpretation of the amendment's "privileges and immunities," "due process," and "equal protection" clauses. In striking contrast, the minority, led by Justices Stephen Field and Joseph Bradley, claimed that the Fourteenth Amendment had been intended to apply to all Americans, not just former slaves, and therefore protected the butchers' right to labor in their chosen profession.
Engagingly written and concisely crafted for students and general readers, this newly abridged edition provides a very accessible guide to one of the Supreme Court's most famous cases.
This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of truth versus justice or stability versus accountability in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this edited book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. Authors use social movement, ideational, legal, path dependent, qualitative case study, statistical, and cross-national approaches in their chapters. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations, some well-known and others with little scholarly or advocacy exposure: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda, and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.
The decision made by the United Kingdom in 2016 to leave the European Union has produced shock waves across Europe and the world. Brexit calls into question consolidated assumptions on the finality of the EU, and simultaneously sparks new challenges. These new challenges are not only in regard of the constitutional settlements reached in the UK, notably in Scotland and Northern Ireland, but also on the future of European integration. Now that Article 50 of the Treaty on the European Union has been invoked, and the path towards full withdrawal by the UK from the EU remains clouded in uncertainties, a comprehensive legal and political analysis of how Brexit impacts on UK and the EU appears of the utmost importance. This book brings together leading lawyers, economists and political scientists to discuss the constitutional implications of Brexit and propose possible solutions for the way forward. The book is structured around four main themes. First, it considers how Brexit will be implemented legally and politically, in terms of the withdrawal and the possible new relations between the UK and the EU. Second, it examines the implications of Brexit on the constitutional structure of the UK, as well as on the status of Northern Ireland and the relations with the Republic of Ireland. Third, it examines the implications of Brexit on the constitutional structure of the EU, focusing on a number of key areas of EU policy-making, notably the Area of Freedom Security and Justice, the Single Market, and Economic and Monetary Union. Finally, the book looks to the mid to long-term future, and discusses the prospects for relaunching the EU after Brexit.
Unorthodox Lawmaking introduces students to the intricacies of Congress while also providing the tools to assess the relative successes and limitations of the legislative process. It explores the full range of special procedures and processes that make up the legislative process, as well as the reasons these unconventional routes evolved. New coverage also includes changes to the filibuster rules under Harry Reid, and the fiscal cliff and government shutdowns.
EU Criminal Law, Policing, and Civil Law examines in detail the EU legislation and case law on the issues of criminal law and procedure, policing and security, and civil cooperation in these areas, discussing the impact and ongoing development of EU law in these complex and controversial fields. The new edition particularly covers new EU legislation, case law, and operational developments since 2010 on: fair trials legislation; the Schengen Information System; the European Arrest Warrant; the European Investigation Order; the rights of victims of crime; and data protection. The book includes comprehensive coverage of the institutional framework and related human rights aspects, in addition to the connections with other areas of EU law. It concludes with a summary of EU civil law rules, and is updated to cover new legislation on civil jurisdiction, insolvency, small claims, and cross-border family issues. Steve Peers' seminal text on the justice and home affairs law of the European Union appears in its fourth edition and is now available in two separate volumes covering asylum and immigration law, and criminal law, policing, and civil law, and as a two-volume set. It provides a detailed examination of EU legislation and case law on the issues of immigration, asylum, visas, border controls, and police and criminal law cooperation, discussing the impact and ongoing development of EU law. This edition is the definitive guide to these intricate, contentious, and fast-developing areas of EU law, and will be invaluable to scholars, practitioners, and students in the field.
As Benjamin Franklin famously put it, Americans have a republic, if we can keep it. Preserving the Constitution and the democratic system it supports is the public's responsibility. One route the Constitution provides for discharging that duty-a route rarely traveled-is impeachment. Cass R. Sunstein provides a succinct citizens' guide to an essential tool of self-government. He illuminates the constitutional design behind impeachment and emphasizes the people's role in holding presidents accountable. Despite intense interest in the subject, impeachment is widely misunderstood. Sunstein identifies and corrects a number of misconceptions. For example, he shows that the Constitution, not the House of Representatives, establishes grounds for impeachment, and that the president can be impeached for abuses of power that do not violate the law. Even neglect of duty counts among the "high crimes and misdemeanors" delineated in the republic's foundational document. Sunstein describes how impeachment helps make sense of our constitutional order, particularly the framers' controversial decision to install an empowered executive in a nation deeply fearful of kings. With an eye toward the past and the future, Impeachment: A Citizen's Guide considers a host of actual and imaginable arguments for a president's removal, explaining why some cases are easy and others hard, why some arguments for impeachment have been judicious and others not. In direct and approachable terms, it dispels the fog surrounding impeachment so that Americans of all political convictions may use their ultimate civic authority wisely.
Probably the best survey and overview to date, The Consolidated Asylum and Migration Acquis contains all the relevant Directives and Regulations on the sensitive and often politicized issues of asylum and migration as adopted by the European Union through 2004. The Directives have been included in a consumer-friendly manner, with an extensive index. Experts, students, parliamentarians, policy makers, the media, lawyers, civil servants and the individuals concerned will easily be able to trace articles and references and their meaning in this Handbook. Europe has been warned by the UNHCR and others that it is coming dangerously close to trespassing upon international minimum norms. This Handbook enables the reader to see clearly where Europe really stands.
A riveting new examination of the leading progressive justice of his era, published in the centennial year of his confirmation to the U.S. Supreme Court According to Jeffrey Rosen, Louis D. Brandeis was "the Jewish Jefferson," the greatest critic of what he called "the curse of bigness," in business and government, since the author of the Declaration of Independence. Published to commemorate the hundredth anniversary of his Supreme Court confirmation on June 1, 1916, Louis D. Brandeis: American Prophet argues that Brandeis was the most farseeing constitutional philosopher of the twentieth century. In addition to writing the most famous article on the right to privacy, he also wrote the most important Supreme Court opinions about free speech, freedom from government surveillance, and freedom of thought and opinion. And as the leader of the American Zionist movement, he convinced Woodrow Wilson and the British government to recognize a Jewish homeland in Palestine. Combining narrative biography with a passionate argument for why Brandeis matters today, Rosen explores what Brandeis, the Jeffersonian prophet, can teach us about historic and contemporary questions involving the Constitution, monopoly, corporate and federal power, technology, privacy, free speech, and Zionism.
This Italian-Dutch collaboration provides the first comparative thematic coverage of the Constitution of the Netherlands in English. The book's unique method of a dialectic confrontation between scholars from different countries yields fascinating discussions about famous peculiarities of the Dutch Constitution. Among other subjects, the volume covers the Dutch Constitution's extreme openness towards international and European law, its combination of parliamentary democracy and a monarchy, its political consensus culture, and its ban of constitutional review by the judiciary. This book aspires to be a helpful account of Dutch constitutional law as well as a useful contribution to global constitutional literature. As the two leading constitutional scholars Tom Ginsburg and James Melton aptly noted, the successful constitutional experience of the Netherlands can be a source of inspiration for other countries who seek to enhance the endurance and efficacy of their own constitutional arrangements. The Dutch Constitution beyond 200 Years will be a reference point for all students and scholars eager to engage with insightful debates surrounding one of the oldest and most efficient constitutions of the world.
This book offers a comparative introduction, by the editor and native authors, to the most important aspects of administrative law in various EU Member States (France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the United States of America. It aspires to contribute to the `transboundary' understanding of different regimes related to actions and decisions of the administration. For the purpose of the use of this book in education, research and legal practice, the contributions to the book are all based on one and the same format, thus making it more accessible for its readers. The main items of the format, worked out in the introduction by the editor, are: 1. What is administrative law? 2. Who is administrating? 3. Which instruments are available for the administration? 4. Which (formal) rules/principles (written or unwritten) govern administrative actions? 5. Access to (administrative) courts against administrative actions/decisions. 6. Enforcement by the administration. 7. Financial liability of the administration for (un)lawful actions. 8. Recent and future developments and conclusions. The final chapter offers comparative remarks by the editor.
How can we understand and contest the global wave of violence against women? In this book, Alison Brysk shows that gender violence across countries tends to change as countries develop and liberalize, but not in the ways that we might predict. She shows how liberalizing authoritarian countries and transitional democracies may experience more shifting patterns and greater levels of violence than less developed and democratic countries, due to changes and uncertainties in economic and political structures. Accordingly, Brysk analyzes the experience of semi-liberal, developing countries at the frontiers of globalization-Brazil, India, South Africa, Mexico, the Philippines, and Turkey-to map out patterns of gender violence and what can be done to change those patterns. As the book shows, gender violence is not static, nor can it be attributed to culture or individual pathology-rather it varies across a continuum that tracks economic, political, and social change. While a combination of international action, law, public policy, civil society mobilization, and changes in social values work to decrease gender violence, Brysk assesses the potential, limits, and balance of these measures. Brysk shows that a human rights approach is necessary but not sufficient to address gender violence, and that insights from feminist and development approaches are essential.
Texas has created more constitutional law than any other state. In any classroom nationwide, any basic constitutional law course can be taught using nothing but Texas cases. That, however, understates the history and politics behind the cases. Beyond representing all doctrinal areas of constitutional law, Texas cases deal with the major issues of the nation. Leading legal scholar and Supreme Court historian Lucas A. Powe, Jr., charts the rich and pervasive development of Texas-inspired constitutional law. From voting rights to railroad regulations, school finance to capital punishment, poverty to civil liberties, this wide-ranging and eminently readable book provides a window into the relationship between constitutional litigation and ordinary politics at the Supreme Court, illuminating how all of the fiercest national divides over what the Constitution means took shape in Texas.
In New Jersey, one in five residents is over the age of 65. The Garden State's legal and healthcare systems are becoming increasingly complex, making it more difficult than ever for seniors to understand their rights and take advantage of available assistance and services. Elder Law in New Jersey provides important, practical information to New Jersey residents, especially older adults who have become entangled in an incomprehensible web of healthcare and social security bureaucracies, younger adults who are caregivers to elderly parents, and middle-class citizens who fear the debilitating physical and financial effects of chronic illness. The legal problems most often encountered by seniors can involve frustrating losses of control over nearly all aspects of their lives. Attorney Alice Dueker, who specializes in elder law, explains complex legal issues in easily understood language. She looks at: * various ways to obtain and pay for healthcare, including nursing home care * how to create a will * how to address and avoid internal family disputes, including child custody, marriage, divorce, grandparent visitation rights, and elder abuse * employment issues such as age and disability discrimination, as well as pensions * problems of consumer fraud * housing issues for both tenants and homeowners She provides contact information for agencies and programs that provide free or low cost services for seniors, and resources for locating attorneys. Elder law is state specific, so New Jersey residents will find this book especially helpful and applicable to their own lives.
A Guide to America's Sex Laws is the first concise compendium of the nation's sex laws. It summarizes the laws regulating personal sexual activity, revealing gaps, anachronisms, anomalies, inequalities, and irrationalities, and providing an empirical basis for studies of sexual regulation. Judge Richard A. Posner and Katharine B. Silbaugh cover broadly defined areas of regulation, providing background and definitions and placing the laws in their historical and constitutional context. From Alabama to Wyoming, this informative and fascinating reference book will be an essential resource. It takes only a few minutes with A Guide to [America's] Sex to realize that the nation's laws governing what two consenting adults can do with one another are an odd jumble.--Eric Fidler, San Diego Commerce Especially noteworthy is how laws governing various sexual activities vary from state to state.--Library Journal Fascinating and often surprising facts are concisely documented and conveniently organized in A Guide.--Carlin Meyer, New York Law Journal
Applying a legal pluralist framework, this study examines the complex interrelationships between religion, law and politics in contemporary Ghana, a professedly secular State characterised by high levels of religiosity. It aims to explore legal, cultural and moral tensions created by overlapping loci of authority (state actors, traditional leaders and religious functionaries). It contends that religion can function as an impediment to Ghana's secularity and also serve as an integral tool for realising the State's legal ideals and meeting international human rights standards. Using three case studies - legal tensions, child witchcraft accusations and same-sex partnerships - the study illustrates the ways that the entangled and complicated connections between religion and law compound Ghana's secular orientation. It suggests that legal pluralism is not a mere analytical framework for describing tensions, but ought to be seen as part of the solution. The study contributes to advancing knowledge in the area of the interrelationships between religion and law in contemporary African public domain. This book will be a valuable resource for those working in the areas of Law and Religion, Religious Studies, African Studies, Political Science, Legal Anthropology and Socio-legal Studies.
In this study of literature and law from the Constitutional founding through the Civil War, Hoang Gia Phan demonstrates how American citizenship and civic culture were profoundly transformed by the racialized material histories of free, enslaved, and indentured labor. Bonds of Citizenship illuminates the historical tensions between the legal paradigms of citizenship and contract, and in the emergence of free labor ideology in American culture. Phan argues that in the age of Emancipation the cultural attributes of free personhood became identified with the legal rights and privileges of the citizen, and that individual freedom thus became identified with the nation-state. He situates the emergence of American citizenship and the American novel within the context of Atlantic slavery and Anglo-American legal culture, placing early American texts by Hector St. John de Crevecoeur, Benjamin Franklin, and Charles Brockden Brown alongside Black Atlantic texts by Ottobah Cugoano and Olaudah Equiano. Beginning with a revisionary reading of the Constitution's "slavery clauses," Phan recovers indentured servitude as a transitional form of labor bondage that helped define the key terms of modern U.S. citizenship: mobility, volition, and contract. Bonds of Citizenship demonstrates how citizenship and civic culture were transformed by antebellum debates over slavery, free labor, and national Union, while analyzing the writings of Frederick Douglass and Herman Melville alongside a wide-ranging archive of lesser-known antebellum legal and literary texts in the context of changing conceptions of constitutionalism, property, and contract. Situated at the nexus of literary criticism, legal studies, and labor history, Bonds of Citizenship challenges the founding fiction of a pro-slavery Constitution central to American letters and legal culture.
This updated casebook is designed for a first-year class on Legislation & Regulation, and provides a proven, ready-to-use set of materials for those interested in introducing such a class to their 1L curriculum. The book focuses on the tools and methods of interpreting legal texts, using Supreme Court and other appellate decisions as the primary texts, yet the note material gently introduces students to applicable insights from political science, history, economics, and philosophy. The book aims to familiarize students with tools and techniques that lawyers and judges use when crafting legal arguments in statutory or regulatory contexts, and to give students a sense of the larger questions of institutional design implicated by these interpretive questions.
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