Behavioural sciences help refine our understanding of human decision-making. Their insights are immensely relevant for policy-making since public intervention works much better when it targets real people rather than imaginary beings assumed to be perfectly rational. Increasingly, governments around the world are keen to rely on those insights for reshaping public interventions in a wide range of policy areas such as energy, health, financial services and data protection. When policy-making meets behavioural sciences, effective and low-cost regulations can emerge in the form of default rules, smart disclosure and simplification requirements. While behaviourally-informed intervention has a huge potential for policymaking, it also attracts legitimacy and practicability concerns. Nudge and the Law takes a European perspective on those issues and explores the legal implications of the emergent phenomenon of behavioural regulation by focusing on the challenges and opportunities it may offer to EU policy-making and beyond.

The book analyzes various aspects and examples of public administration discretionary power within the processes of law application. It presents a variety of factors that may affect the range of discretion as well as the influence on public administration's reasoning. The authors evaluate the complexity of forms and procedures for control of decision latitude that is exercised by the public administration and the society.

Since its formation, the European Union has expanded beyond all expectations; this seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. The European Union has the complexity and depth of a mature legal system, albeit one which is constantly in flux and whose content and foundations are constantly contested. Its law has developed beyond the single market and institutional matters into many other fields including environmental, fiscal, labour, immigration and criminal law. It is studied at undergraduate and postgraduate level throughout the Member States and beyond; an understanding of it is essential to those who study the EU from other disciplinary perspectives as well as to legal practitioners and policy-makers. The Oxford Handbook of European Union Law comprises eight sections examining how we are to conceptualise EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary and fiscal union; the Area of Freedom, Security and Justice; and what lies beyond the regulatory state. Each chapter summarises, analyses and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. The resulting collection provides a vivid and provocative tapestry which will be widely used both inside and outside academia by those who are interested in the law underpinning the EU and its policies.

Sustainable management is a problem for countries that depend on natural resources. Forests contain much of the world's biodiversity and offer significant renewable resources with a potentially small ecological and carbon footprint. Yet as global demand for forest products increases, conserving biodiversity has become more urgent and challenging.--Forestry and Biodiversity makes the case for adaptive management--a structural approach to learning by doing--to sustain biodiversity in managed forests. It draws on the theory and principles of conservation biology and forest ecology and illustrates them, and the challenges they pose, through a practical, real-world study of a 1.1 million hectare commercial operation i a coastal temporate rainforest.--"This book is an essential read and reference for all forest stakeholders who are committed to integrated management of forests for sustained economic, environmental, and cultural values. So much written about this subject is theoretical, but this book shares major lessons from a large-scale real-world effort to implement such management and to assess its effectiveness."--Jerry Franklin, University of Washington--Fred L. Bunnell is professor emeritus of forestry and conservation biology at the University of British Columbia. Glen B. Dunsworth is a forest ecology and conservation biology consultant.

Behavioural sciences help refine our understanding of human decision-making. Their insights are immensely relevant for policy-making since public intervention works much better when it targets real people rather than imaginary beings assumed to be perfectly rational. Increasingly, governments around the world are keen to rely on those insights for reshaping public interventions in a wide range of policy areas such as energy, health, financial services and data protection. When policy-making meets behavioural sciences, effective and low-cost regulations can emerge in the form of default rules, smart disclosure and simplification requirements. While behaviourally-informed intervention has a huge potential for policymaking, it also attracts legitimacy and practicability concerns. Nudge and the Law takes a European perspective on those issues and explores the legal implications of the emergent phenomenon of behavioural regulation by focusing on the challenges and opportunities it may offer to EU policy-making and beyond.

This collection explores the remarkable impact and continuing influence of William Blackstone's Commentaries on the Laws of England, from the work's original publication in the 1760s down to the present. Contributions by cultural and literary scholars, and intellectual and legal historians trace the manner in which this truly seminal text has established its authority well beyond the author's native shores or his own limited lifespan. In the first section, 'Words and Visions', Kathryn Temple, Simon Stern, Cristina S Martinez and Michael Meehan discuss the Commentaries' aesthetic and literary qualities as factors contributing to the work's unique status in Anglo-American legal culture. The second group of essays traces the nature and dimensions of Blackstone's impact in various jurisdictions outside England, namely Quebec (Michel Morin), Louisiana and the United States more generally (John W Cairns and Stephen M Sheppard), North Carolina (John V Orth) and Australasia (Wilfrid Prest). Finally Horst Dippel, Paul Halliday and Ruth Paley examine aspects of Blackstone's influential constitutional and political ideas, while Jessie Allen concludes the volume with a personal account of 'Reading Blackstone in the Twenty-First Century and the Twenty-First Century through Blackstone'. This volume is a sequel to the well-received collection Blackstone and his Commentaries: Biography, Law, History (Hart Publishing, 2009).

European integration has been most successful at a legal level and European influences have left an indelible mark on English and United Kingdom Public Law. These influences must be fully understood by students, academics and practitioners if they are to understand our public law and its future direction. To fail to appreciate the European context in which our domestic law is developing is to fail to comprehend our public law.

How can the concept of abuse of European Union law - which can be defined as undesirable choice of law artificially made by a private citizen - generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.

The past 30 years have seen vast changes in our attitudes toward crime. More and more of us live in gated communities; prison populations have skyrocketed; and issues such as racial profiling, community policing, and "zero-tolerance" policies dominate the headlines. How is it that our response to crime and our sense of criminal justice has come to be so dramatically reconfigured? David Garland charts the changes in crime and criminal justice in America and Britain over the past twenty-five years, showing how they have been shaped by two underlying social forces: the distinctive social organization of late modernity and the neoconservative politics that came to dominate the United States and the United Kingdom in the 1980s.
Garland explains how the new policies of crime and punishment, welfare and security--and the changing class, race, and gender relations that underpin them--are linked to the fundamental problems of governing contemporary societies, as states, corporations, and private citizens grapple with a volatile economy and a culture that combines expanded personal freedom with relaxed social controls. It is the risky, unfixed character of modern life that underlies our accelerating concern with control and crime control in particular. It is not just crime that has changed; society has changed as well, and this transformation has reshaped criminological thought, public policy, and the cultural meaning of crime and criminals. David Garland's "The Culture of Control" offers a brilliant guide to this process and its still-reverberating consequences.

This book addresses and highlights the core issues concerning general principles of EU law and their relationship with and impact on private law. With the entry into force of the Lisbon Treaty, the EU Charter of Fundamental Rights became a legally binding source of primary law and highlights, together with the General Principles of EU law, the importance of fundamental rights in the legal system of the Union. This increased visibility means that private parties have begun to rely on fundamental rights arguments in proceedings in front of national courts and Union courts more and more often. Amongst many other issues this development brings important questions relating to the effects of EU fundamental rights on private law to the forefront. After an introductory chapter by the editors the following four overarching themes provide the structure of this book and broadly reflect the approaches discussed in its eighteen essays:; the methodology and theory in the elaboration of new General Principles of EU law; the Constitutionalization of private autonomy in EU law; issues of horizontal direct effect viewed from conceptual, sectoral and remedial perspectives; and the relationship between General Principles and competition law. This book reflects the continuous relevance and the need to re-examine the effects and the status of General Principles of EU law, which have been dealt with already twice before (in 1999 and 2007) by the group that has compiled the present volume,the Swedish Network for European Legal Studies. The discussion that emerges is, here as before, of immense significance both for theoretical legal studies and for legal practice. The eighteen essays here printed are all final author-edited versions of papers first presented at the Network's conference in Stockholm in November 2012. The authors include both eminent, well-known experts, and representatives of a new generation of younger scholars in the field.

The federal Department of Justice was established by John A. Macdonald as part of the Conservative party's program for reform of the parliamentary system following Confederation. Among other things, it was charged with establishing national institutions such as the Supreme Court and the North West Mounted Police and with centralizing the penitentiary system. In the process, the department took on a position of primary importance in post-Confederation politics. This was particularly so up to 1878, when Confederation was "completed." Jonathan Swainger considers the growth and development of the ostensibly apolitical Department of Justice in the eleven years after the union of 1867. Drawing on legal records and other archival documents, he details the complex interactions between law and politics, exploring how expectations both inside and outside the legal system created an environment in which the department acted as an advisor to the government. He concludes by considering the post-1878 legacy of the department's approach to governance, wherein any problem, legal or otherwise, was made amenable to politicized solutions. Unfortunately for the department and the federal government, this left them ill-prepared for the constitutional battles to come. One crucial task was to establish responsibilities within the federal government, rather than just duplicate offices which had existed prior to union. Others were the establishment of national or quasi- national institutions such as the Supreme Court (1875) and the North-West Mounted Police (1873), the redrafting of the Governor-General's instructions (which was done between 1875 and 1877), and centralization of the penitentiary system (completed by 1875). The Department benefited from a deeply rooted expectation that law was both apolitical and necessary. This ideology functioned in a variety of ways: it gave the Department considerable latitude for setting policy and solving problems, but rationalized the appearance of politicized legal decisions. It also legitimized Department officials' claim that it was especially suited to review all legislation, advise on the royal prerogative of mercy, administer national penitentiaries, and appoint judges to the bench. Ultimately, the fictional notion of law as apolitical and necessary placed the Department of Justice squarely in the midst of the completion of Confederation. The Canadian Department of Justice and the Completion of Confederation will be of particular interest to students and scholars of Canadian legal and political history.

The development and integration of financial markets is at the forefront of academic and policy debates around the world. Nowhere is this more in evidence than in Europe where the integration of financial markets is a primary objective of the European Commission and fully supported by the European Central Bank. This book brings together leading economists from across the world to analyse the central issues in the development and integration of financial markets from a European perspective whilst highlighting their global relevance. Financial Markets and Institutions is a must-have reference for policymakers, financial market practitioners, and graduate students and academics with an interest in this increasingly important area. Each contribution is written in a rigorous but non-technical fashion, drawing on the latest theories and empirical evidence making them accessible to lay readers as well as academic specialists.

Federalism and the Tug of War Within explores how constitutional interpreters reconcile the competing values that undergird American federalism, with real consequences for governance that requires local and national collaboration. Drawing examples from Hurricane Katrina, climate governance, health reform, and other problems implicating local and national authority, author Erin Ryan demonstrates how the Supreme Court's federalism jurisprudence can inhibit effective interjurisdictional governance by failing to navigate the tensions within federalism itself. The Constitution's dual sovereignty directive fosters an ideal set of good governance values-including the checks and balances between opposing centers of power that protect individuals, governmental accountability that enhances democratic participation, local autonomy that enables interjurisdictional innovation, and the synergy that federalism enables between local and national regulatory capacity for coping with problems neither level could resolve alone. In adjudicating questions of federalism, faithfulness to these values should be the touchstone. But they are suspended in a web of tension, such that privileging one may encroach upon another in different contexts. This inherent "tug of war" is responsible for the epic instability in the Court's federalism jurisprudence, but it is poorly understood. Providing new conceptual vocabulary for wrestling with old dilemmas, Ryan traces federalism's tug of war through history and into the present, proposing a series of innovations to bring judicial, legislative, and executive efforts to manage it into more fully theorized focus. The book outlines a model of Balanced Federalism that mediates federalism tensions on three separate planes: (1) fostering balance among the competing federalism values, (2) leveraging the functional capacities of the three branches of government in interpreting federalism, and (3) maximizing the wisdom of both state and federal actors in so doing. Along the way, the analysis provides clearer justification for the ways in which the tug of war is already mediated through various forms of balancing, compromise, and negotiation. The new framework better harmonizes the values that-though in tension-have made the American system of government so effective and enduring.

In March 2010, the European Higher Education Area was officially launched, proclaiming the culmination of a ten-year timeframe projected at Bologna in 1999, when the education ministers of 29 European states signed a declaration that would fundamentally influence the future of their higher education systems. Forty-seven countries, including all EU Member States and other countries as far afield as Kazakhstan, now take part in the so-called 'Bologna Process'. Remarkably, this vast enterprise, which has led to rapid and sweeping changes in almost all higher education systems in Europe, has taken place outside the framework of the European Union and the Council of Europe. In fact, as this important legal analysis shows, it appears that with the Bologna Process the Member States have tried to sidestep the EU's growing influence on higher education. Although the Bologna Process has generated an impressive literature addressing what it might mean, where it suddenly came from, and how it has become so powerful, until now the legal implications of the process, and its tense relationship with EU law, have been left almost entirely unexamined. This work fills that gap. Among the often controversial issues raised are the following: * avoidance of the democratically legitimate procedures of the EU's institutional framework for cultural reasons connected with state sovereignty; * the scope of EU legal competence for various kinds of activities in the educational sector; * specific areas of overlap between EU law and the Bologna Process and their implications; * voluntary intergovernmental cooperation as a paradigmatic global shift of internationalization policies in education; * the idea that the university is being redefined, from a social institution to an industry; * the increasingly influential role in the process, by means of funding and coordination, of the European Commission; * financial support programmes and devices to enhance credit and degree recognition; * students as recipients of services; and * teachers and the free movement of workers. The author describes how the scope of the Bologna Process was significantly broadened during a series of meetings during the decade, analyses the relevance of the case law of the European Court of Justice and provides a detailed description of the adoption of the process into the national laws of France, Germany and the United Kingdom. A concluding normative assessment scrutinizes the process on the basis of democracy, transparency and accountability. As the first study of the legitimacy of Bologna from a European law perspective - and by extension of the 'Europeanization' of higher education, including the role of the EU, EU law, and law in general - this is a critically important contribution to a contentious debate that clearly holds great significance for the future of law and society. Educators and education policymakers are sure to read and study it with interest.

Filibustering includes any use of dilatory or obstructive tactics to block a measure by preventing it from coming to a vote. The possibility of filibusters exists because Senate rules place few limits on Senator's rights and opportunities in the legislative process. Senate Rule XXII, however, known as the "cloture rule," enables Senators to end a filibuster on any debatable matter the Senate is considering. Sixteen Senators initiate this process by presenting a motion to end the debate. Consequently, "holds" are an informal device unique to the upper body. They permit a single Senator or any number of Senators to stop, temporarily or permanently, floor consideration of measures or matters that are available to be scheduled by the Senate. This book discusses major aspects of Senate procedure related to filibusters, cloture and holds.

In modern contract law, party autonomy as expressed in the idea of the freedom of contract is a fundamental principle that people have struggled for centuries to realize. Both China and Europe exhibit this tendency, although in distinct ways that are deeply rooted in the two regions' historical and cultural backgrounds. In Europe, freedom of contract is limited by principles of good faith, fair dealing, social justice, and fundamental rights. In China, the traditional notion of contract 'voluntariness' is understood broadly to include collective interests and interests of the state - restrictions that can appear to undermine the very notion of 'freedom of contract'. But the situation is far from that simple, as this unique book superbly demonstrates. This comparative study of European and Chinese contract law opens a clear and practical way to identify and understand the differences between the two legal regimes. The author offers a detailed doctrinal comparison of the two systems of contract, focusing on the following fundamental elements: * the importance of socio-economic valuation in Chinese contract law; * the role of judicial interpretation; * pre-contractual liability - penalties for bad faith, disclosure versus concealment; * validity - mistake, fraud, threats, unfair bargaining power; * adaptation and termination - effect of registration and approval rules; * mandatory rules - good faith and fair dealing, the public interest; and * direct application of constitutional law to contracts. The book's special power lies in its extraordinarily thorough comparison of doctrines underlying specific provisions of such instruments as the Contract Law of the People's Republic of China (CLC), the General Principles of the Civil Law of the People's Republic of China (GPCL), the Principles of European Contract Law (PECL), and the Draft Common Frame of Reference (DCFR), as well as analysis of judicial cases. Beyond its obvious value for scholars and policymakers as a matchless comparative study in contract law, those seeking meaningful dialogue on such fundamental matters as, promoting welfare, remedying market failures, serving state interests, protecting the weaker party - generally, establishing an area of freedom, security and justice in which persons, goods, capital and services can move freely - will find here an extremely valuable set of fresh perspectives. It also serves as a foundation for future research and elaboration in the ongoing debate in both the EU and China on improving contract law.

The Single Common Market Organisation (Regulation (EC) 1234/2007) (sCMO) brings together in one single document more than 40 separate regulations governing the various agricultural market organisations in the European Union. In this manner the regulatory scope of the Common Agricultural Policy (CAP) has been simplified. Thanks to the Regulation a field of law which, despite its political and economic importance for Europe, has been very difficult to access, has become much clearer and more transparent. This Commentary describes and amplifies the meaning of the Regulation and will guide readers through its many intricacies. Contributors Luc Berlottier, Brussels Frank Bollen,Brussels Andreaa Busa, Brussels Christian Busse, Bonn Piet Dautzenberg, Brussels Hans-Christoph Eiden, Bonn Friedrich Erlbacher, Brussels Manuel Droop Florez, Brussels Sonya Gospodinova, Brussels Fructuoso Jimeno Fernando,Brussels Emmy Korodima,Brussels Laurent Lourdais, Brussels Gustavo Luengo, Brussels Bence Major, Brussels Vanda Marko vicova, Brussels Rudolf Moegele, Brussels Gregor von Rintelen, Brussels Pierpaolo Rossi, Brussels Elisabetta Siracusa, Brussels Oliver Sitar, Geneva Gereon Thiele, Brussels Jan Vandenberghe, Brussels Johan van Gruijthuijsen, Brussels Greetje van Heezik, Brussels Marleen Zoeteweij-Turhan, Istanbul

This is the third volume in the series Swedish Studies in European Law, produced by the Swedish Network for European Legal Studies, a national network comprised of Swedish universities focusing on recent legal developments within European Union law. In this volume, Swedish researchers with specific interests in European Market law - intellectual property rights, competition, and marketing law - have joined forces to review recent Swedish legislation and case-law of particular European interest in national Swedish Courts or the Court of Justice of the European Union. The volume also includes comments on general EU developments from a Swedish perspective. The articles focus upon a number of significant recent developments, including an essay on a proposed reform to the Swedish Copyright Act, a report of the recent Swedish decision concerning the Mini-Mag, two different analyses of the future for illicit file sharing following the recent Pirate Bay litigation, and essays on refusal to supply and the new Unfair Commercial Practices Directive and its implementation in Sweden. The articles are original analytical contributions to doctrinal debates and questions.

In 2005 the Ministry of Education, Youth and Sports of the Czech Republic granted to the Charles University Law Faculty funds to research developments in Czech law from the last twenty years. Their findings were compiled into a four-volume collection entitled "New Phenomena in Law at the Beginning of the 21st Century". In "Czech Law Between Europeanization and Globalization", editor Michal Tomasek features those selections from the original monograph that are most relevant to an international audience. Translated into English, the texts in this collection are divided into four sections: Historical Impulses for the Development of Law, Theoretical and Constitutional Impulses for the Development of Law, Transformation of Public Law, and Transformation of Private Law. Accompanying each section are extensive bibliographies to help those unfamiliar with the Czech legal system. A major contribution from many of the leading Czech legal scholars, "Czech Law Between Europeanization and Globalization" provides necessary background for all who study comparative, European, and international law.

Legality is a traditional normative concept to regulate the relationship between those in power and those subjected to that power. The principle of legality protects the citizen against the arbitrary use of power, or, more precisely, it demands a legal basis (which itself must be of a certain standard) to legitimize State action. Is legality under siege in Europe? The authors contributing to this provocative and important book answer this question in the affirmative. Twenty-one outstanding European legal scholars expose a spectrum of ways in which the traditional legality principle is under pressure because of the creation of new legal orders, including that of the EU, and the interaction between these new orders and that of the State, combined with such factors as expertise driven governance, difficulties of international organisations to meet their objectives due to a lack of adequate powers, and lack of parliamentary control. The question of whether the main functions of legality - legitimating, attributing and regulating the exercise of public authority - are still fulfilled in the context of the overlapping, interacting, and mutually dependent legal orders of the EU, the ECHR, and the Member States is at the background of all the essays in this volume. Recognizing that legality, if it is to survive, demands rigorous reconsideration of its scope and application, the authors interrogate not only such fundamental democratic issues as who has legitimate power to perform legislative acts and through these to exercise of public power over citizens, but also such urgent European problems as the following: * the use of the precautionary principle in EU decision-making; * the scope of the principle that the exercise of public authority must rest on an act of Parliament; * the extent to which the EU can provide a legal basis for action of Member State authorities in the absence of such a basis within Member State legal orders; * the constitutional position of independent 'regulators'; * the requirements that ECJ and ECHR case law impose on the exercise of public authority; * whether legislative results are coherent in the sensitive area of equal treatment; * transparency, legal certainty, enforceability, and implementation of EC Directives in the field of workers' involvement; * new instruments as the Open Method of Coordination and the involvement of social partners in decision making; * the de facto harmonization of national criminal justice systems; and * the prominent role of the EU in the field of data protection. There can be little doubt that the issue of legality and to whom it applies - in a world in which the role of the modern State is changing profoundly - is a crucial one. It is highly important in the context of the ongoing discussion on the meaning of democracy and citizenship. This volume, with its clear message that reconsidering legality demands taking serious issue with the uncertainty engendered by the processes of globalization, will resonate profoundly among practitioners and policymakers in this time of momentous change.