In nineteenth-century America, the law insisted that marriage was a permanent relationship defined by the husband's authority and the wife's dependence. Yet at the same time the law created the means to escape that relationship. How was this possible? And how did wives and husbands experience marriage within that legal regime? These are the complexities that Hendrik Hartog plumbs in a study of the powers of law and its limits.

Exploring a century and a half of marriage through stories of struggle and conflict mined from case records, Hartog shatters the myth of a golden age of stable marriage. He describes the myriad ways the law shaped and defined marital relations and spousal identities, and how individuals manipulated and reshaped the rules of the American states to fit their needs. We witness a compelling cast of characters: wives who attempted to leave abusive husbands, women who manipulated their marital status for personal advantage, accidental and intentional bigamists, men who killed their wives' lovers, couples who insisted on divorce in a legal culture that denied them that right.

As we watch and listen to these men and women, enmeshed in law and escaping from marriages, we catch reflected images both of ourselves and our parents, of our desires and our anxieties about marriage. Hartog shows how our own conflicts and confusions about marital roles and identities are rooted in the history of marriage and the legal struggles that defined and transformed it.

Born from the ashes of the Second World War as one of the most ambitious and successful parts of the plan for the reconstruction of Western Europe, European integration has been immersed in a deep economic and institutional crisis for more than a decade. This difficult situation is also threatening to erode one of its most original and valuable elements: the establishment of a supranational rule of law among the Member States of the European Union that provides a solid framework for their peaceful, ordered, and fair relations. This book, which is based on the general course given at the Academy of European Law in Florence in July 2015, puts the innovative initial choices made by the drafters of the Treaties and by the Court of Justice of the Union in their proper historical perspective, understanding Union law as a tool of civilisation. Its current decline is explained as a consequence of the waning of the initial impetus behind integration, of the growing complexity and challenges of the Union system, and of the ambivalent attitude of the Member States regarding their common creation. These themes are explored focusing on a number of fundamental structural issues: the principle of primacy, the national limits to it and the theory of constitutional pluralism; the state of health of the preliminary rulings procedure; Union citizenship, equality and human dignity; the scope of the Charter of Fundamental Rights and the standard of protection of those rights; and the rigidity and fragmentation of the Union system in connection with the increasing use of international law as a softer alternative to Union law. In all these areas, the book presents a fascinating story of decay and resistance, a story that is unfolding at present, and whose fate is closely linked to the future political shape of Europe.

This book investigates the role of law in confronting major societal transformations embodied by the emergence of nanotechnologies. Taking the case of the European Union, it explores who the key decision-makers in the regulation of nanotechnologies are and how they take decisions. The questions are explored through two distinct case studies: the food and chemicals sectors. The book charts an incremental retreat of the European Union to its executive powers, including 'soft law' measures such as agencies' guidelines or implementing measures. This, the author argues, results in the Union's fundamental democratic control mechanisms, the EU legislature and the Court of Justice of the EU, being circumvented. The book recommends several immediate proposals to reform EU risk regulation, advocating a greater reliance on the European Parliament and outlining measures to increase the transparency of guidance drafting by EU agencies. This important work provides a timely examination of how emerging technologies pose both regulatory and democratic challenges.

Joseph Weiler's The Transformation of Europe is one of the most influential works in the history of European studies. Twenty-five years after its original publication, this new collection of essays pays tribute to Weiler's legacy by discussing some of the most pressing issues in contemporary European Union law, policy and constitutionalism. The book does not intend to be a simple expression of intellectual esteem for Weiler's seminal work; instead, the collection honours it by critically engaging with some of its assumptions and theses. Overall, it shows how a study of 1991 can still be fundamental to the present and future of the EU, including the challenges of Brexit and Eurozone crises.

This is the first book to jointly scrutinise two existential issues for the EU: withdrawal of a member state (i.e. Brexit) and territorial secession (affecting Scotland, Catalonia and beyond). The book applies normative and empirical analyses, explores new approaches and discusses the deep theoretical problems unleashed by these processes. Featuring a superb constellation of legal and political science scholars, the book combines specific legal analysis and considers the political dynamics behind the processes. It provides extensive coverage and sophisticated analysis of the interpretation of Article 50 and the possible consequences it may have. The implications of withdrawal and secession on EU citizenship are discussed in depth and there is an overview of the evolving nature of the relationship between the regions and the EU. Finally, there is an engaging normative discussion on the deeper meaning of these two processes with respect to the objective of European integration.

In postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders' vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence. Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons. In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.

Approximately one thousand years ago Gypsies, or Roma, left their native India. Today Gypsies can be found in countries throughout the world, their distinct culture still intact in spite of the intense persecution they have endured. This authoritative collection brings together leading Gypsy and non-Gypsy scholars to examine the Romani legal system, an autonomous body of law based on an oral tradition and existing alongside dominant national legal networks.
For centuries the Roma have survived by using defensive strategies, especially the absolute exclusion of "gadje" (non-Gypsies) from their private lives, their values, and information about Romani language and social institutions. Sexuality, gender, and the body are fundamental to Gypsy law, with rules that govern being pure "(vujo)" or impure "(marime)." Women play an important role in maintaining legal customs, having the power to sanction and to contaminate, but they are not directly involved in legal proceedings.
These essays offer a comparative perspective on Romani legal procedures and identity, including topics such as the United States' criminalization of many aspects of Gypsy law, parallels between Jewish and Gypsy law, and legal distinctions between Romani communities. The contributors raise broad theoretical questions that transcend the specific Gypsy context and offer important insights into understanding oral legal traditions. Together they suggest a theoretical framework for explaining the coexistence of formal and informal law within a single legal system. They also highlight the ethical dilemmas encountered in comparative law research and definitions of "human rights."

During the Allies' invasion of Italy inthe thick of World War II, Americansoldier James Kutcher was hit by a German mortar shell and lost both of his legs. Back home, rehabilitated and given a job at the Veterans' Administration, he was soon to learn that his battles were far from over. In 1948, in the throes of the post-warRed Scare, the hysteria over perceived Communist threats that marked the Cold War, the government moved to fire Kutcher because of his membership in a small, left-wing group that had once espousedrevolutionary sentiments. Kutcher's eightyear legal odyssey to clear his name and assert his First Amendment rights, described in full for the first time in this book, is at once a cautionary tale in a new period of patriotic one-upmanship, and a story of tenacious patriotism in its own right. The son of Russian immigrants, James Kutcher came of age during the Great Depression. Robbed of his hope of attending college or finding work of any kind, he joined the Socialist Workers Party, left-wing and strongly anti-Soviet, in his hometown of Newark. When his membership in the SWP came back to haunt him at the height of the Red Scare, Kutcher took up the fight against efforts to punish people for their thoughts, ideas, speech, and associations. As a man who had fought for his country and paid a great price, had never done nything that could be construed as treasonous, held a low-level clerical position utterly unconnected with national security, and was the sole support of his elderly parents; Kutcher cut an especially sympathetic figure in the drama of Cold War witch-hunts. In a series of confrontations, in what were highly publicized as the "case of the legless veteran," the federal government tried to oust Kutcher from his menial Veterans' dministration job, take away his World War II disability benefits, and to evict him and his family from their federally subsidized housing.Discrediting the Red Scare tells the story of his long legal struggle in the face of government persecution-that redoubled after every setback until the bitter end

Once the dust of the Revolution settled, the problem of reconciling the erstwhile warring factions arose, and as is often the case in the aftermath of violent revolutions, the matter made its way intothe legal arena. Rutgers v. Waddington was such a case. Through this little-known but remarkable dispute over back rent for aburned-down brewery, Peter Charles Hoffer recounts a tale of political and constitutional intrigue involving some of the most important actors in America's transition from a confederation of states under the Articles of Confederation to a national republic under the US Constitution. At the end of the Revolution, the widow Rutgers and her sons returned to the brewery they'd abandoned when the British had occupied New York. They demanded rent from Waddington, the loyalist who hadrented the facility under the British occupation.Under a punitive New York state law, the loyalist Waddington was liable. But the peace treaty's provisions protecting loyalists'property rights said otherwise. Appearing for the defendants was war veteran, future Federalist, and first secretary of the treasury,Alexander Hamilton. And, as always, lurking in the background was the estimable Aaron Burr. As Hoffer details Hamilton's arguments for the supremacy of treaty law over state law, the significance of Rutgers v. Waddington in the development of a strongcentral government emerges clearly-as does the role of the courts in bridging the young nation's divisions in the Revolution'swake. Rutgers v. Waddington illustrates a foundational moment in American history. As such, it is an encapsulation of a societyriven by war, buffeted by revolutionary change attempting to piece together the true meaning of, in John Adams's formulation,"rule by law, and not by men."

When such an issue with deep and powerful cultural resonance as firearms is given the full attention of the nation, the challenges involved with confronting the complex interconnectedness of law, public safety, Constitutional rights, policy, technology, market forces, and other concerns seem only amplified. With careful consideration, however, untangling the various components of the issue is possible, and an investigation of technology can be accomplished with minimal diversion into the other realms. This report examines existing and emerging gun safety technologies and their availability and use to provide a comprehensive perspective on firearms with integrated advanced safety technologies. These firearms are known by various terms such as smart guns, user-authorized handguns, childproof guns, and personalized firearms. A "personalized firearm" can be understood to utilize integrated components that exclusively permit an authorized user or set of users to operate or fire the gun and automatically deactivate it under a set of specific circumstances, reducing the chances of accidental or purposeful use by an unauthorized user. A report published in 2005 entitled Technological Options for User- Authorized Handguns: A Technology-Readiness Assessment discussed this in the context of two defined types of handgun owner: (1) people responsible for public safety (i.e., law-enforcement personnel) and (2) people concerned with personal safety and handgun misuse, particularly by children, in the home (i.e., homeowners).1 The National Academy of Engineering (NAE) Committee on User-Authorized Handguns published this report seeking to clarify the technical challenges of developing a reliable user-authorized handgun (UAHG) to reduce certain types of handgun misuse. The goal of this work is to provide an objective, neutral perspective on existing and emerging gun safety technologies and their availability and use today. In assessing what technologies and products exist or may exist in the near future, it is important to clarify what the technologies can and cannot do, to distinguish the difference between fact and fiction, and to manage expectations about how these firearms could reasonably be expected to perform. The material presented here should be considered in a sober manner with the understanding that the use or misuse of any firearm regardless of what technology may or may not be integrated could lead to injury or death. Any information presented here shall not be construed to be an endorsement of any particular technology, developer, patent, company, or approach. Furthermore, any information that may not be included here shall not be construed as disapproval. Finally, given the various perspectives and opinions on firearms, any topic discussed here with a nexus to technology that may also overlap with another dimension of the greater national conversation about firearms shall not be construed to be a substantive discussion of the topic outside of the technologically focused perspective presented here.

Congress established the Office of Science and Technology Policy (OSTP) through the National Science and Technology Policy, Organization, and Priorities Act of 1976 (P.L. 94-282). The act states that "The primary function of the OSTP Director is to provide, within the Executive Office of the President EOP], advice on the scientific, engineering, and technological aspects of issues that require attention at the highest level of Government." Further, "The Office shall serve as a source of scientific and technological analysis and judgment for the President with respect to major policies, plans, and programs of the Federal Government." The President nominates the OSTP Director, and he is subject to confirmation by the Senate. In many Administrations, the President has concurrently appointed the OSTP Director to the position of Assistant to the President for Science and Technology Policy (APST), a position which allows for the provision of confidential advice to the President on matters of science and technology. President Obama both appointed John Holdren as Assistant to the President for Science and Technology (APST) and nominated him as OSTP Director, a position to which the Senate confirmed him. While Congress can require the OSTP Director to testify, the APST may decline requests to testify on the basis of separation of powers and/or executive privilege. The APST manages the National Science and Technology Council (NSTC), an interagency body established by Executive Order 12881 that coordinates science and technology (S&T) policy across the federal government. The APST also co-chairs the President's Council of Advisors on Science and Technology (PCAST), a council of external advisors established by Executive Order 13539 that provides advice to the President. In FY2011, Congress sought to restrict OSTP from engaging in certain activities with China or any Chinese-owned company by prohibiting the use of appropriated funds for these activities (P.L. 112-10). The OSTP expended a portion of its FY2011 appropriation to engage in activities with China that Congress sought to proscribe. The Department of Justice and OSTP asserted that this congressional effort infringed upon the President's constitutional authority to conduct foreign diplomacy. In contrast, the Government Accountability Office (GAO) concluded that OSTP violated the Antideficiency Act, though it did not speak to the constitutional issue. Congress enacted a similar restriction for FY2012 (P.L. 112-55) and FY2013 (P.L. 112-175) and may continue its interest in the debate over its ability to restrict the activities of OSTP. Among other issues Congress may wish to consider are the need for science advice within the EOP; the title, rank, and responsibilities of the OSTP Director; the policy foci of OSTP; the funding and staffing for OSTP; the roles and functions of OSTP and NSTC in setting federal science and technology policy; and the status and influence of PCAST. Some in the S&T community support raising the OSTP Director to cabinet rank, contending that this would imbue the position with more influence within the EOP. Others have proposed that the OSTP Director play a greater role in federal agency coordination, priority-setting, and budget allocation. Both the Administration and Congress have identified areas of policy focus for OSTP staff, raising questions of policy setting and oversight. Some experts say NSTC has insufficient authority over federal agencies engaged in science and technology activities and PCAST insufficient influence on S&T policy; they question the overall coordination of federal science and technology activities. Finally, some in the scientific community support increasing the authority of the OSTP Director in the budget process so as to more strongly influence federal investment in science.

One of the major questions facing the world today is the role of law in shaping identity and in balancing tradition with modernity. In an arid corner of the Mediterranean region in the first decades of the twentieth century, Mandate Palestine was confronting these very issues. Assaf Likhovski examines the legal history of Palestine, showing how law and identity interacted in a complex colonial society in which British rulers and Jewish and Arab subjects lived together. Law in Mandate Palestine was not merely an instrument of power or a method of solving individual disputes, says Likhovski. It was also a way of answering the question, ""Who are we?"" British officials, Jewish lawyers, and Arab scholars all turned to the law in their search for their identities, and all used it to create and disseminate a hybrid culture in which Western and non-Western norms existed simultaneously. Uncovering a rich arsenal of legal distinctions, notions, and doctrines used by lawyers to mediate between different identities, Likhovski provides a comprehensive account of the relationship between law and identity. His analysis suggests a new approach to both the legal history of Mandate Palestine and colonial societies in general.

Recent years have witnessed a resurgence of biological research into the causes of crime, but the origins of this kind of research date back to the late nineteenth century. Here, Richard Wetzell presents the first history of German criminology from Imperial Germany through the Weimar Republic to the end of the Third Reich, a period that provided a unique test case for the perils associated with biological explanations of crime. Drawing on a wealth of primary sources from criminological, legal, and psychiatric literature, Wetzell shows that German biomedical research on crime predominated over sociological research and thus contributed to the rise of the eugenics movement and the eventual targeting of criminals for eugenic measures by the Nazi regime. However, he also demonstrates that the development of German criminology was characterized by a constant tension between the criminologists' hereditarian biases and an increasing methodological sophistication that prevented many of them from endorsing the crude genetic determinism and racism that characterized so much of Hitler's regime. As a result, proposals for the sterilization of criminals remained highly controversial during the Nazi years, suggesting that Nazi biological politics left more room for contention than has often been assumed.

MS. DANIE VICTOR, ESQUIRE HAS BEEN PRACTICING LAW AND LECTURING WORLDWIDE ON A VARIETY OF TOPICS SINCE 1991. ALL REQUESTS MUST BE SUBMITTED VIA FACSIMILE ONLY: 772-283-2331

The first narrative history in 25 years of the landmark Supreme Court case that outlawed school segregation in America and its aftermath.

Public Office, Private Interests: Accountability through Income and Asset Disclosure examines the objectives, design features, and implementation approaches that can contribute to the effectiveness of an income and asset disclosure (IAD) system, and enhance its impact as a prevention and enforcement tool. It draws on detailed case studies that are published in a companion volume: Income and Asset Disclosure: Case Study Illustrations The companion volume Income and Asset Disclosure: Case Study Illustrations includes case studies of the IAD systems in Argentina, Croatia, Guatemala, Hong Kong SAR, Indonesia, Jordan, the Kyrgyz Republic, Mongolia, Rwanda, Slovenia, and the United States. Case studies were conducted through review of the legal framework, desk research and interviews with practitioners, academics, and representatives of civil society. Each case study outlines the legal framework for the IAD regime, the mandate and structure of the IAD agency, and the resources and procedures of the IAD system. The characteristics of each system are highlighted along with other findings that illuminate the challenges faced in implementing the system, the steps taken, and the progress achieved by the IAD agency in fulfilling its mandate. There are a wide variety of approaches in IAD system design and implementation and a wide variety of challenges faced by different systems. New and emerging IAD systems may face challenges associated with resource and capacity constraints, political resistance to implementation, a lack of public awareness, or limited civil society capacity to support anticorruption efforts. Many established systems may also face the need to revise the legal framework, institutional arrangements, or enforcement mechanisms once it becomes apparent that original assumptions do not deliver expected results or unanticipated challenges emerge. There is no single optimal approach to IAD system design and implementation. Context is essential. These volumes do not, therefore, attempt to lay out a standard approach for IAD administration. Rather, they identify the objectives, features, and mechanisms that can contribute to the effectiveness of an IAD system and enhance its impact as a prevention and enforcement tool."

"Transitions in Caribbean Law: Law-Making, Constitutionalism and the Convergence of National and International Law traces Caribbean legal thought and its development across many areas of law. Issues of administrative, constitutional, corporate and commercial, international, and labour law are explored in the context of the analyses of the Privy Council, the transnational dimensions of law and within the purview of the intrusive role of international law in domestic law. Edited by David S. Berry and Tracy Robinson, Transitions in Caribbean Law is the first legal collection to truly critique the work of the Caribbean Court of Justice alongside that of the Privy Council. Through the examination of well known Caribbean cases, the contributors dispel the myth that Caribbean law is flawed and posit other legal reasoning that reconcile the foundation on which Caribbean Law is based with the unique needs and realities of the Caribbean. "

Written with exceptional clarity, simplicity and precision, this short textbook provides a classic introduction to European law. Using a clear structural framework, it guides students through the subject's core elements and key issues, from the creation and enforcement of European law to the workings of the internal market. Chapters are enriched with figures and tables to clarify difficult topics and illustrate relationships and processes, ensuring that students understand even the most complex of concepts. The second edition has been updated throughout and includes an entirely new chapter on the internal market for goods. Two new practical appendices offer suggestions for further reading and guide readers through the process of finding and reading EU Court judgments. A companion website features full 'Lisbonised' versions of the cases cited in the text, links to EU legislation, downloadable figures and textbook updates.