Fishing rights are one of the major areas of dispute for aboriginals in Canada today. Dianne Newell explores this controversial issue and looks at the ways government regulatory policy and the law have affected Indian participation in the Pacific Coast fisheries.

For centuries, the economies of Pacific Coast Indians were based on their fisheries. Marine resources, mainly salmon, were used for barter, trade, ceremony, and personal consumption. This pattern persisted after the arrival of European and Asian immigrants, even during the first phases of the non-Indian commercial fishing industry when Indian families were depended upon for their labour and expertise. But as the industrial fishery grew, changes in labour supply, markets, and technology rendered Pacific Coast Indians less central to the enterprise and the aboriginal fishery became legally defined as food fishing. By the late 1960s, rigid new licence limitation policies were introduced and regulations transformed the processing sector.

The result was reduced participation for fishermen and shoreworkers and the opportunities for Indian men and women declined dramatically. Government programs to increase or even stabilize Indian participation ultimately failed. Newell concludes that the governments of Canada and BC have historically regarded the aboriginal fishery narrowly and unjustly as a privilege, not a right, and have in fact moved against any changes which might put Indians into competition with non-Indians. Recently, BC Indians won a Supreme Court victory in Sparrow (1990) that will make it easier to change federal fisheries policies but aboriginal fishing rights remain before the courts and under federal government investigation.

Awarded the Canadian Historical Association's British Columbia and Yukon Certificate of Merit Award for 'Professor Newell's courageous critique of a history of mismanagement and misunderstanding in one of the region's key sectors should provide pause for thought to anyone with an interest in the workings of the modern state.'

This compilation of articles covers the institutional and financial aspects of the EEA and the homogeny between EEA, formerly EFTA, and EC law. This volume deals with the Agreement on a European Economic Area signed in Oporto on 2 May 1992 which came into force on 1 January 1994. The first part of the book analyzes the institutional aspects of the agreement, while the second part is devoted to the liberalization of financial services, dealing in particular with the insurance directives, the second banking directive and the directive on investment in the securities field.

The competitive viability of the EC is one of the crucial issues which was addressed at a seminar held at Nijmegen University in December 1992. This text contains the papers presented at the seminar by various experts on community law of the EC Commission, members of the bar association, as well as scholars and members of the business community. The participants addressed major legal problems, which arise from the EC's attempt to liberalize various sectors of the economy, such as energy and telecommunications. More specifically, the book addresses the compatibility with treaty rules (on the free movement of goods, the free provision of services, the freedom of establishment and the rules of competition) of national monopolies in general and in the energy and postal sectors in particular. Those professionals concerned with the need for transparency in the relationship between member states and their public undertakings will find that this publication offers them the chance to review the ideas and insight of individuals who share their visions of a more competitive, free-moving community.

England was unique among the medieval kingdoms of Western Europe. In addition to developing a system of national courts with an extensive original jurisdiction and run on quasi-bureaucratic lines by royal justices, it also gave birth to a single national customary law which was applicable throughout the country. This was partly the product of judicial decisions made by the royal courts and partly the product of legislation. The great formative period of the Commom Law began during the reign of King Henry II but continued through to the early fourteenth century. Paul Brand possesses an unrivalled knowledge of the published and unpublished sources for this critical period. The Making of the Common Law brings together his essays, some previously unpublished, on this period. The essays on the making of the English legal system (which complement his book on The Origins of the English Legal Profession) include an important essay on 'Henry II and the Creation of the English Common Law', and 'Courtroom and Schoolroom: The Education of Lawyers in England prior to 1400', the essay which won the 1988 Donald W. Sutherland Prize of the American Society for Legal History.The devlopment of English law is discussed in a number of essays including a critical introduction to the 'Milsom thesis' on the origins of England land law and 'Lordship and Distraint in Thirteenth-Century England', a major reappraisal of the balance of power between lords and tenants in this period. The Common Law was taken by settler from England to North America and to Australasia. Its earliest venture overseas, however, was to Ireland. The Making of the Common Law includes a number of important essays on the transfer of English law and the creation of a legal system modelled on that of England in the medieval English lordship of Ireland.

While health professionals may be adequately informed about the legal aspects of many specialized areas of medicine and nursing, they may not totally understand the law applicable to cases of dying patients, or even the legal definition of death itself. In the wake of advances in medical technology, recent court decisions on the right to die, the enactment of natural death and brain death statutes, advance directives and living wills, and growing use of organ transplantation, there has been widespread concern about the legal and ethical issues surrounding these subjects. This book, written by a lawyer-thanatologist, will satisfy these needs. It is the first work to bring together case and statutory law applicable to dying patients, the right to die, advance directives, brain death, and organ transplantation, thus formulating a law of dying and death.

It is also unique as a self-help law finder. Although occasions that require consultation with a lawyer will arise, this work gives health professionals practical guidance on where and how to find legal materials on these issues. This book should also prove immensely useful in summarizing the law concerning dying and death for professional legal counsel. Medical decisions and issues that once were the sole province of doctors, hospitals, patients, and families have become matters of increasing judicial and legislative attention.

Although law enforcement codes have a history that parallels most other recent occupational and professional codes, they have been almost completely ignored in the literature of occupational and professional ethics. This volume fills that gap and offers teachers in criminal justice ethics and law enforcement practitioners a rich selection of materials that have emerged in the course of law enforcement professionalization. The book's historical and international orientation reveals something of the development and variety of code formation. A detailed introduction covers the role of codes in professional life as well as the purposes, problems, and value of ethical codes. The substantial bibliography offers students and scholars of professional ethics a unique resource for further research.

EC health and safety regulation involves two different but related kinds of tension. First, between desires for even-handed and for effective regulation, and second, between aims to improve controls over working conditions and desires to reduce legal constraints. This book centres on the first tension and explores how the concern of Article 118A EEC Treaty for both evenness and effectiveness can be resolved and realized in practice. The book has four objectives. First, to describe the bakckground to and progress made on Community legislation in this field. Second, to examine the legislative approach adopted and to place this in the context of other potential strategies for harmonization in Europe. Third, to describe the regimes for regulation health and safety work that operate in a number of "sample" Member States - throwing light on such variations of appraoch as may affect either the evenness or effectiveness with which such measures are enforced on the ground. Finally, to draw conclusions: on how Community legislators can respond to disparities in domestic regulatory and legal structures; on feasibility of securing even-handed and effective regulation across Europe; on possible ways to evaluate the rigour with which regulation is applied in different Member States; and on the potential for harmonizing of different approaches to European legislation. The work addresses the growth of Community interest in, and action on, health and safety matters, discusses the different legislative strategies that are to be encountered in the Community, and describes the regimes for regulating health and safety at work that are encountered in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. It is largely based on studies by a team of academics working under the auspices of the Institute of Advanced Legal Studies of the University of London and funded by the United Kingdom Health and Safety Executive (HSE).

This empirical study provides an introduction to the dynamics of regulatory federalism and is the first book to focus on the major surface mining regulations. A broad spectrum of contributors, most with first-hand experience, describe the forces that have shaped the implementation of the Surface Mining Control and Reclamation Act since 1972. They offer varying perspectives for understanding interest group conflicts, technological and market considerations, intergovernmental procedures and problems. They describe the forces shaping the policy implementation process at the federal, state, and local level. This case study is intended for political scientists, public administrators, citizen activists and experts, historians, and students dealing with mining and regulatory policy.

The edited collection opens with an overview of policy formation and implementation in the United States, drawing upon theoretical studies of pluralism, federalism, interest group politics, and intergovernmental dynamics. The case study defines the legislative and administrative history of surface mining regulation; the impact of interest groups, courts, and the states on the implementation of the Surface Mining Control and Reclamation Act; the influence of the coal industry and of environmental interests, federal and state relations, and the intergovernmental process.

On the basis of ten concrete examples the author shows by what process and for what historical reasons continental law and common law have come to be so different. In so doing van Caenegem provides a historical introduction to continental law understandable to readers familiar with the common law, and vice-versa. This study is derived from the professor's lectures at Cambridge in 1984-85, in which lawyers from Europe, Great Britain and the United States participated. Judges, Legislators and Professors does not follow the traditional path of describing the development of ideas, but tries a new approach by interpreting legal history as, to a large extent, EEthe result of a power struggle.

The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).

Many books and articles have been written about the importance of the 1992 initiative of the European Community for the international economy. However, the 320 million consumers who are also citizens and voters in the twelve member states of the EC must be convinced they will benefit from a more powerful EC. Many are employees who will find their work situation vastly altered by the creation of a single internal market. Until now the European Community has had little impact on the daily lives of ordinary Europeans, as national governments provide social assistance and protection. Now, that role of national governments is threatened, and Europeans will increasingly look to the EC for social policies. The EC will become a reality in their daily lives.

This book discusses the social dimension of the 1992 initiative. It deals with both the substance and politics of the social policy, explaining both the relevance and controversial aspects of the proposed social policies for the future of European integration. Based on extensive use of primary sources and interviews, the book begins with a quick review of the history and organization of the EC, discusses major developments in employment policies, and examines current developments in social policy. The work will be of interest to those interested in international management and international human resource management as well as to political scientists.

What is social justice? In "Theories of Justice" Brian Barry provides a systematic and detailed analysis of two kinds of answers. One is that justice arises from a sense of the advantage to everyone of having constraints on the pursuit of self-interest. The other answer connects the idea of justice with that of impartiality. Though the first book of a trilogy, "Theories of Justice" stands alone and constitutes a major contribution to the debate about social justice that began in 1971 with Rawls's "A Theory of Justice."

From the origins of modern copyright in early eighteenth-century culture to the efforts to represent nature and death in postmodern fiction, this pioneering book explores a series of problems regarding the containment of representation. Stewart focuses on specific cases of "crimes of writing"--the forgeries of George Psalmanazar, the production of "fakelore," the "ballad scandals" of the eighteenth and nineteenth centuries, the imposture of Thomas Chatterton, and contemporary legislation regarding graffiti and pornography. In this way, she emphasizes the issues which arise once language is seen as a matter of property and authorship is viewed as a matter of originality. Finally, Stewart demonstrates that crimes of writing are delineated by the law because they specifically undermine the status of the law itself: the crimes illuminate the irreducible fact that law is written and therefore subject to temporality and interpretation.

"Culture and Community Law" provides a legal analysis of the impact of Community Law on various cultural matters inclusive of policy instruments used by the Member States. The Member States can not realistically conduct a policy for the furtherance of various cultural objectives without a proper understanding of the limits imposed on them by Community law. "Culture and Community Law, Before and After Maastricht" identifies these limits. The central theme of this book is that certain policy areas, now including culture and education, have been gradually extracted from the "white zone" into the "grey zone" and have become migrator to the "black zone" there facing the impact of Community Law. Following the central theme, the authors convey in detail the growing influences of Community Law on the cultural sector from the perspective of the development of the major themes of Community Law. The writers provide a summerizing review of the acquis communautaire in various cultural fields and offer their analysis of the new provisions on cultural contained in the Maastricht Treaty on European Union. Applications and provisions of the EEC Treaty are discussed in addition to the legislative and policy actions developed by the Community and its relevance to the persuit of of cultural activities in the Member States; be it a positive or a negative integration process.

This reference guide to the laws and legal literature of Mexico has been designed carefully by a reference librarian for researchers who do not read or speak Spanish. This basic sourcebook provides answers to the questions that are asked most frequently: "Which is the relevant code?" "Where can the text of the code be found?" "What secondary material is available?" "Which material is available in English?" This up-to-date guide should be useful as a reference in college, university, law, government, and public libraries and in companies that do business with Mexico. It could also be used in courses dealing with Mexican law and business. An introduction briefly describes Mexico's legal system and provides some historical background. Then the bibliography points to primary and secondary material of importance and is annotated partially. Entries are organized under forty-one subject categories with subdivisions pointing to the laws, the sources for the text of the laws, secondary materials from periodicals, and books and monographs. All Spanish titles are given first in Spanish and then in English. An appendix gives a directory of publishers. Author and subject indexes are included.

A collection of reports prepared in view of a conference organized by the Faculty of Law of the Rijksuniversiteit Limburg at Maastricht on the occasion of its tenth anniversary in September 1991. The object of the conference "Legal Education in the Future" was to discuss whether one should develop in the near, or at least foreseeable, future, a "European Law School", in which the "ius commune Europaeum" would replace the national legal system as the central element of the curriculum. In all European countries, at present, law and the teaching of law tend to focus on national concerns. Comparative law is mostly concerned to emphasize the differences between legal systems and less to searching for common roots and principles. The conference participants examine the intellectual resources that might allow for a redirection of the emphasis towards the teaching of common rules and principles in a "European Law School" accessible to students of all countries and leading to transnational professional careers. Topics covered include public law, private law, company and economic law, criminal law, labour and social law, and social and scientific views.

This groundbreaking book addresses the ominous trend of introducing and passing laws and court decisions regulating the actions of women and the control of their bodies. One of the few books published on the criminalization of women's bodies, this timely book takes a serious look at the effect these laws would have on women and the threat to their autonomy, privacy, and control; their bodily integrity; control over reproductive capacities; and their constitutional rights. From ancient literature to the literature and law of contemporary society, a woman's value has often rested on her fulfilling expected roles as wife and mother. The lack of respect for women inherent in this predominantly male-oriented line of thinking is reinforced in this new trend of legislation and court decisions attempting to regulate women's behavior and reproductive capacity. The Criminalization of a Woman's Body thoroughly discusses these special laws governing women's personal choices and the threats these laws and court decisions pose to women's autonomy and constitutional rights. Scholars from Israel, Italy, and the United States provide a multidimensional discussion of the problem facing women in many, if not all, countries. Contributors represent various disciplines including, law, philosophy, medicine, political science, sociology, women's studies, and criminal justice. Articles analyze sensitive issues surrounding abortion and its impending criminalization in several countries; controversial topics on contract motherhood; the power of administrative agencies to control and informally criminalize pregnant women and new mothers; policies meant to protect the fetus from pregnant women who deviate from medically, socially, and legally sanctioned behavior which may deter women from seeking any medical care; and the destruction of families due to the criminalization of pregnant women and new mothers and the consequent removal of their children and placement into foster care. Professors, students, librarians, agency workers dealing with women's issues, and women and men in the general public will find this important book a helpful tool in sorting through the complex issues on criminalizing women's bodies.

While the purpose of antitrust policy is to protect competition, competition that removes all restraints may defeat its own goal. Dudley H. Chapman, in a revisionist analysis of antitrust history and policy, argues that our country needs practical government policy to replace our doctrinaire and unrealistic antitrust rules. The Chicago School and the economic theory on which it is based are rejected as an intellectual scandal. Competition is an end in itself and it is not the primary purpose of anti-trust to lower consumer prices. Chapman, a former antitrust official, uses historical materials to build his case for a new and practical antitrust policy. He proposes that we look not to Chicago but to Europe for our model.

Compared to their older, more rigid U.S. counterparts, European laws are far more rationally conceived and realistic, Chapman says. Europeans believe that some restraints on competitive freedom, both private and government, are necessary to preserve the ongoing competitive process. The book develops the thesis that for current U.S. policy to mature or molt its rigid shell we need to remove criminal penalties and prohibit abuses of market-dominating positions. Anyone in the U.S. or Europe who is active in antitrust and related issues of regulatory and trade policy--lawyers, economists, government officials in the executive branch and in Congress, academicians and students--will find in this book an important and controversial agenda.

This volume is a thematic study in legal history that uses past and present landmark court cases to analyze the legal and historical development of moral regulatory policies in America and resulting debates. Using a critical variable approach, the book demonstrates how different elements of the legal process have historically influenced the litigation of various moral issues. Five moral policies are included: abortion, sodomy, pornography, criminal insanity, and the death penalty. The book's framework for analysis uses examples from English legal history and links them to American cases, demonstrating how moral regulatory policies are impacted by the legal process: by laws, by judges and juries, by legal scholars, and by attorneys.

Following a brief introduction, Chapter 1 examines how protagonists in the bitter moral and legal controversy over abortion in America have sought to fortify their positions with the views of prominent English legal authorities. The authors discuss the role of English legal scholars in court opinion and oral arguments in Webster and in Roe v. Wade, and debates Roe's interpretation of the English legalists. Chapter 2 describes how attempts to expand a right of privacy under the federal Constitution to include sodomy failed the test for common law rights (Rights of Englishmen) in Bowers v. Hardwick (1986), and includes a history of sodomy in early English and American law. Chapter 3 discusses pornography standards and laws, highlighting the history of legal actions taken against Memoirs of a Woman of Pleasure in both England and the U.S., demonstrating the role of precedent in American judicial efforts to define pornography. In Chapter 4, which deals with the criminal insanity defense, the influential role of the defense attorney on case outcomes is illustrated in cases such as England's McNaughton case (1843) and America's Hinckley case (1982). Chapter 5 deals with cruel and unusual punishment throughout U.S. and English history. The book ends with an epilogue which ties together the idea of the American legal process as an inherited English process, reiterating how decisionmakers continually mine the past to find traditions and sources of moral values for justifying or criticizing current laws and policies.

Revolutionary change in Eastern Europe and the Soviet Union; civil strife in the Balkans; the heavy burden of German reunification; war in the Gulf and its dramatic aftermath; the completion of the internal market in 1992 and the management of two highly complicated Intergovernmental Conferences -- more than ever before its history, the European Community has to operate strong pressure. This volume captures these problems in a systematic way and presents suggestions as to how the Twelve could cope with them, using the Dutch EC-Presidency as a reference point. The subjects dealt with include: the EC Presidentcy in a new European settingthe European Community and the wider EuropeEuropean foreign policy and security cooperation; 1992' and the Common Transport Policy Economic and social cohension in a Community of regionsthe politics of Economic and Monetary Union. The chapters are written by experienced specialists from both the international academic world (economics, international relations, European law), as well as from the European institutions. Together they provide a comprehensive and unique survey of the profound challenges confronting the European Community in the early 1990s.

The Academy of European Law, established by the European University Institute in Florence, Italy, has as its main activity, the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. The courses, given by leading autorities in the respective fields, are published in the language in which they are delivered.

Medical advances are keeping people alive longer and, as a result, elderly people, their families and those who work with them are confronting new problems. For many, old age is the first time they must deal with government agencies, subsidies, benefit forms, lawyers, and the law. Seniors face difficulties and need someone to turn to for assistance in these matters.

In clear non-technical language, "The Aged Client and the Law" by John J. Regan explains the laws affecting the major concerns of older persons and their families. The book's two goals are to provide legal information regarding the major programs, sources, and methods for meeting the needs of older people for income, health care, and maintenance of autonomy, and to explore legal issues and problems caseworkers may encounter when assisting older clients. The broad coverage of legal concerns in this guide goes beyond mere health care issues. Sections describe:

-Social Security and public pensions

-Supplemental Security Income (SSI)

-private pensions and income tax benefits

-Medicare and health insurance

-Medicaid

-long-term care

-decision-making by and for the incapacitated

-intervention for the frail elderly

Regan provides straightforward and basic examples to facilitate understanding of the laws and regulations presented in "The Aged Client and the Law." All sections emphasize client planning rather than litigation of abstract rights. The book is current, including the latest changes in Social Security, Medicare, and Medicaid up to 1990. Providing basic legal information, Regan stresses the factors and issues the professional advisor should consider when dealing with the problems of the elderly.