This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.

This book examines the ability of citizens across ten European countries to exercise their democratic rights to access their personal data. It presents a socio-legal research project, with the researchers acting as citizens, or data subjects, and using ethnographic data collection methods. The research presented here evidences a myriad of strategies and discourses employed by a range of public and private sector organizations as they obstruct and restrict citizens' attempts to exercise their informational rights. The book also provides an up-to-date legal analysis of legal frameworks across Europe concerning access rights and makes several policy recommendations in the area of informational rights. It provides a unique and unparalleled study of the law in action which uncovered the obstacles that citizens encounter if they try to find out what personal data public and private sector organisations collect and store about them, how they process it, and with whom they share it. These are simple questions to ask, and the right to do so is enshrined in law, but getting answers to these questions was met by a raft of strategies which effectively denied citizens their rights. The book documents in rich ethnographic detail the manner in which these discourses of denial played out in the ten countries involved, and explores in depth the implications for policy and regulatory reform.

This Dictionary analyses the ways in which the statuses of European citizens are profoundly affected by EU law. The study of one's particular status (as a worker, consumer, family member, citizen, etc.) helps to reconsider the legal notions concerning an individual's status at the EU level. The Dictionary includes a foreword by Evgeni Tanchev, Advocate General at the Court of Justice of the European Union, which illustrates some interesting features of the Court's case law on statuses.The Dictionary's core is composed of 79 chapters, published in alphabetical order. Each brief chapter analyses how the individual status was conditioned or created by contemporary EU law, or how the process of European integration modified the traditional juridical definition of the respective status. The Dictionary provides answers to the following questions: Has the process of European integration modified the traditional juridical definition of individual status? Has the concept of legal status now acquired a new function? What role has EU law played in developing a new modern function for the concept of individual status? Are the selection of a specific individual status by EU law and the proliferation of such statuses, which is synonymous with the creation of new privileges, collectively undermining the goal of achieving substantive equality between EU citizens? Does this constitute a return to the past? Under EU law, is it possible to create a uniform definition of the legal status of the person, over and above the definition that is provided by a given Member State's legal system?

The discourse of 'Better Regulation' is a hot topic, intimately associated with the drive for cost savings and a more efficient economy. In the UK and in the EU, rule-makers have lately endeavoured to achieve a more satisfactory balance between the demands of proper protection from market failure and inequity on the one hand, and commercial freedom and the potential for innovation on the other. But who is the regulator listening to, and what effect does this have on the regulatory pattern governing the integrating EU market? What is best practice in the matter of regulatory assessment. The essays in this collection explore these and other questions and will foster greater understanding of UK and EU regulation, the accountability issues involved, and problems of enforcement. It is no coincidence that since efforts to construct a Constitution for Europe have stalled the attention of policy-makers, politicians and the business community has turned instead to the quest for Better Regulation - or perhaps, it might be said, a "Better European Union".

This book provides a detailed analysis of the policies and institutions used by the EU to create a single market. Through a historical overview, sectoral case studies, and an assessment of recent policy initiatives, the author provides a comprehensive account of the evolution of European economic integration.

This book explores the ambiguous legal status of traditional-adat-communities in Indonesia and their informal, traditional rights to communal-ulayat-land. It discusses the lack of recognition of adat communities and their legal rights in the Indonesian constitution, surveys legal consideration of informal legal rights both in Indonesia and elsewhere, and examines how thinking about these issues has evolved over time in Indonesia. It provides an in-depth study of the ways that government policies on adat communities are developed, changed and implemented, and how different actors give meaning to these policies, particularly government bodies with authority to manage land and forests, which exercise discretion as to the operational implementation of ideas about adat groups as legal persons and ulayat land rights as land title, thus enabling their exploitation by government and business. The book highlights how these issues are becoming more pressing as problems relating to legal personhood and rights to traditional customary land are increasingly giving rise to violent conflict, dispossession and marginalisation. It also demonstrates how adat communities can take action, and are doing so, to protect their legal positions.

New analysis and interpretation of law and legal institutions in the "long eighteenth century". Law and legal institutions were of huge importance in the governance of Georgian society: legislation expanded the province of administrative authority out of all proportion, while the reach of the common law and its communal traditions of governance diminished, at least outside British North America. But what did the rule of law mean to eighteenth-century people, and how did it connect with changing experiences of law in all their bewildering complexity?This question has received much recent critical attention, but despite widespread agreement about Law's significance as a key to unlock so much which was central to contemporary life, as a whole previous scholarship has only offered a fragmented picture of the Laws in their social meanings and actions. Through a broader-brush approach, The British and their Laws in the Eighteenth Century contributes fresh analyses of law in England andBritish settler colonies, c. 1680-1830; its expert contributors consider among other matters the issues of participation, central-local relations, and the maintenance of common law traditions in the context of increasing legislative interventions and grants of statutory administrative powers. Contributors: SIMON DEVEREAUX, MICHAEL LOBBAN, DOUGLAS HAY, JOANNA INNES, WILFRED PREST, C.W. BROOKS, RANDALL MCGOWEN, DAVID THOMAS KONIG, BRUCE KERCHER

This is a transcription, with commentary, of the lectures delivered by Sir Robert Chambers as Vinerian Professor of Law as they were preserved in the King's Manuscripts at the British Museum. Previously unpublished, they offer new insights into the development of English law, and they are of particular interest to eighteenth-century literary historians because many of the lectures were written with the unacknowledged assistance of Chambers's friend and mentor, Samuel Johnson.

The essays in this collection explore the various ways in which a number of key European and International legal institutions attempt to define the boundaries of jurisdictional competence. The principle questions which are addressed are: (a) Does the relevant institution have a jurisdictional competence adequate to the challenges that it faces? (b) What are the parameters that bear upon the exercise of a particular jurisdictional competence? (c) What are the effects, positive or negative, of extending, restraining or creating a particular jurisdictional competence on those subject to its jurisdiction, other actors and the rule of law itself? Examples of the institutions covered in this book are the Security Council, the European Court of Justice, NATO, the International Court of Justice and the State. Contents: 1. Introduction; (A) Theoretical Approaches to the Assertion of Jurisdiction 2. Jurisdiction: The State - Frank Berman; 3. New Wine in Old Bottles or Old Wine in New Bottles or Only Old Wine in Old Bottles? Reflections on the Assertion of Jurisdiction in Public International Law - Iain Scobbie; 4. The Exercise of Jurisdiction in Private International Law - Jonathan Hill; (B) Approaches to the Assertion of Jurisdiction Political Bodies: 5. National Law, International Law and EU Law - How do they Relate? - Trevor Hartley; 6. The Member States' Competence and Jurisdiction under the EU/EC Treaties - Stephen Hyett; 7. Competition Law in a Globalized Marketplace: Beyond Jurisdiction - Brenda Sufrin; 8. The Jurisdiction of the Security Council: Original Intention and New World Order(s) - Colin Warbrick; 9. Jurisdiction, NATO and the Kosovo Conflict - Christopher Greenwood; (C) Approaches to the Assertion of Jurisdiction by Adjudicative Bodies: 10. Approaches of Domestic Courts to the Assertion of International Jurisdiction - Hazel Fox; 11. Assertion of Jurisdiction by the International Court of Justice - Abdul Koroma; 12. Approaches to the Assertion of International Jurisdiction: The Human Rights Committee - Dominic McGoldrick; 13. Some Problems of Compulsory Jurisdiction before Specialised Tribunals: The Law of the Sea - Alan Boyle;15 Activism and Restraint in the European Court of Justice - Stephen Weatherill; 14. The Assertion of Jurisdiction by the European Court of Justice - John Usher.

Pioneer catalogue for one of the most important collections of English legal manuscripts. The English legal manuscripts in Cambridge University Library form one of the most important collections in the world. The principal treasures derive from the renowned library, containing over 230 volumes, collected by John Moore(d.1714), Bishop of Ely, presented to the University by King George I in 1715. It includes some of the old manuscripts collected by Francis Tate (d.1616), and the working manuscript library of Mr Justice Nicholas (d.1667). The collection also contains medieval statute-books, year-books, medieval and early modern readings and moots in the inns of court, and law reports from the Tudor period down to the reign of Charles II, together with examples of every other major type of manuscript law book in use in England prior to the eighteenth century. As well as being an essential finding-aid, this new catalogue includes a description of the contents of each manuscript, bibliographicalnotes on the text (listing hundreds of related manuscripts in other libraries), and full codicological descriptions of the medieval manuscripts by Dr Jayne Ringrose. No similar catalogue of English legal manuscripts has ever beenpublished before. Professor J.H. BAKER is Professor of English Legal History at Cambridge University.

This book is the second of two volumes in which leading scholars examine the way in which EU member states co-ordinate their European policies. This second volume investigates the structures, institutions and processes put in place by national governments in Brussels. From a comparative perspective, the book assesses the responses of governments to the demands of EU membership. It offers a detailed examination of the organisation, operation and performance of permanent representations, and their role in national systems of EU policy making, and looks at the extent to which interaction within a common institutional environment has brought about convergence between national arrangements.

The companion volume, published in 2000, examines the national co-ordination of EU policy at the domestic level.

European Union Law in a Global Context is a comprehensive introduction to European law in its international context. Trevor Hartley provides an explanation of the basic principles of each topic covered. He examines the institutions of the EU and the law-making process; the European Court and international adjudication; EU law (and international law) in national courts; human rights, especially under EU law and the ECHR; the international relations of the EU; remedies under EU law; and the elements of the free movement of goods, persons and services. The coverage of the practical application of EU law in British courts will meet the requirements of those intending to become practitioners, and the inclusion of extracts from leading cases, as well as from the EC treaties and other instruments, ensures that everything the reader will need is contained in a single volume.

This book examines the potential role of European Union law in combating poverty and social exclusion in the European Union. Anti-poverty strategies have been part of the European Union agenda for decades. Most saliently, over a decade ago, the EU's Member States pledged to lift 20 million people out of poverty. In spite of this commitment, the EU did not even meet a quarter of this target, and over 113 million people still were at risk of poverty and social exclusion by the end of 2020. This book addresses the incongruence between a quite developed EU policy strategy and a well-embedded legal objective on the one hand, and the lack of direct legal action on the other. Analysing the role of social policy instruments, fundamental rights, and the constitutional framework of the European Union, it makes a detailed case for a contribution of EU law to the policy objective of combating poverty and social exclusion. Drawing on work in law, politics, social policy and economics, this book will interest scholars and policymakers in the areas of EU law, labour and social security, human rights, political science and social and public policy.

These highly original essays develop themes implicit in Herbert Hart and the author's Causation in the Law (2nd ed. 1985). Why should we be held responsible for the harm we cause? Honor proposes a theory of responsibility ('outcome responsibility'), according to which, to be responsible, it is sufficient to have intervened in the world. To act and to be responsible is to assume certain risks, so that responsibility can be a matter of luck rather than fault or merit. Whether responsibility carries with it moral blame or legal liability is an important but secondary question. With the help of this theory he explains the moral basis of strict liability and of tort law in general; shows when there is a moral difference between positive acts and omissions; and indicates the extent to which the circumstances that cause a wrongdoer to do wrong should affect his responsibility.

Additive manufacturing or '3D printing' has emerged into the mainstream in the last few years, with much hype about its revolutionary potential as the latest 'disruptive technology' to destroy existing business models, empower individuals and evade any kind of government control. This book examines the trajectory of 3D printing in practice and how it interacts with various areas of law, including intellectual property, product liability, gun laws, data privacy and fundamental/constitutional rights. A particular comparison is made between 3D printing and the Internet as this has been, legally-speaking, another 'disruptive technology' and also one on which 3D printing is partially dependent. This book is the first expert analysis of 3D printing from a legal perspective and provides a critical assessment of the extent to which existing legal regimes can be successfully applied to, and enforced vis-a-vis, 3D printing.

This book examines Taiwan's judicial reform process, which began three years after the 1996 transition to democracy, in 1999, when Taiwanese legal and political leaders began discussing how to reform Taiwan's judicial system to meet the needs of the new social and political conditions. Covering different areas of the law in a comprehensive way, the book considers, for each legal area, problems related to rights and democracy in that field, the debates over reform, how foreign systems inspired reform proposals, the political process of change, and the substantive legal changes that ultimately emerged. The book also sets Taiwan's legal reforms in their historical and comparative context, and discusses how the reform process continues to evolve.

Reforming the Russian Legal System is a comprehensive analysis of the forces that are shaping legal reform in the republics of the former USSR. Looking beneath the flow of day-to-day developments, the book examines how traditional indigenous Russian legal values, and the 74-year experience with communism and 'socialist legality' are being combined with Western concepts of justice and due process to forge a new legal consciousness in Russia today. The author provides a broad historical survey of pre-revolutionary and Soviet-era legal developments, which provides a backdrop to the reforms initiated by Gorbachev. Chapters analysing constitutional law, criminal law and procedure, the Procuracy, and the laws governing the transition to a market economy illustrate the recurring themes of the book: the interaction of crosscurrents in Russian legal culture, and variations in the pace of legal reform from republic to republic and region to region.

The legal institutions of the short-lived Qin dynasty (221-207 BCE) have been vilified by history as harsh and draconian. Yet ironically, many Qin institutional features, such as written statutory law, were readily adopted by subsequent dynasties as the primary means for maintaining administrative and social control. This book utilizes both traditional texts and archeologically excavated materials to explore how these influential Qin legal institutions developed. First, it investigates the socio-political conditions which led to the production of law in written form. It then goes on to consider how the intended function of written law influenced the linguistic composition of legal statutes, as well as their physical construction. Using a function and form approach, it specifically analyses the Shuihudi legal corpus. However, unlike many previous studies of Chinese legal manuscripts, which have focused on codicological issues of transcription and translation, this book considers the linguistic aspects of these manuscripts and thus their importance for understanding the development of early Chinese legal thought. Writing Chinese Laws will be useful to students and scholars of Chinese Studies, as well as Asian law and history more generally.

This volume brings together academics and judges to consider ideas and arguments flowing from the often complex relationships between law and politics, adjudication and policy-making, and the judicial and political branches of government. Contributors explore numerous themes, including the nature and extent of judicial power, the European Court of Human Rights decision in O'Keeffe v Ireland, the process of appointing judges and judicial representation, judicial power and political processes. Contrasting judicial and academic perspectives are provided on the role of the European Court of Human Rights and the nature of exhausting domestic remedies, including a contribution from the late Mr. Justice Adrian Hardiman. The role of specific judges, social and political disputes and case law are examined and socio-economic rights, the rule of law and electoral processes are all addressed. -- .

This volume brings together academics and judges to consider ideas and arguments flowing from the often complex relationships between law and politics, adjudication and policy-making, and the judicial and political branches of government. Contributors explore numerous themes, including the nature and extent of judicial power, the European Court of Human Rights decision in O'Keeffe v Ireland, the process of appointing judges and judicial representation, judicial power and political processes. Contrasting judicial and academic perspectives are provided on the role of the European Court of Human Rights and the nature of exhausting domestic remedies, including a contribution from the late Mr. Justice Adrian Hardiman. The role of specific judges, social and political disputes and case law are examined and socio-economic rights, the rule of law and electoral processes are all addressed. -- .

Contains practical guidelines on setting up and running a design practice, including insurance considerations, accounting guidelines, contract negotiation, dealing with contractors, settling legal disputes, licensing products, marketing issues and new areas of concern for interior designers.

This text is based on a selection of papers presented at the Conference in Malm, Sweden, which was organized by the Swedish Network for European Legal Studies in co-operation with the Faculty of Law of the University of Lund. The purpose of the conference was to analyze general principles and their scope in the EU legal order with special emphasis on their role in the creation of a jus commune europaeum. The impact of the general principles of Community Law at the national level was analyzed and also how these principles have been transformed into the national legal systems. Also discussed was the creative process behind the shaping and further development of the general principles and their application. Due to their complex nature, the general principles offer a more or less unlimited field for theoretical legal studies. At the same time, the general principles play a very important role in legal practice, not least when used as instruments for the protection of individuals and firms against too far-reaching measures taken by the European institutions or Member States.

This annotated bibliography assists the reader in locating information about the United States Federal Trade Commission. The book is divided into four chapters, each reflecting the major functions and regulatory responsibilities of the FTC.

This critique of property examines its classical conception: addressing its ontology and history, as well as considering its symbolic aspects and connection to social relations of power.

It is organized around three themes:

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• the ways in which concepts of property are symbolically and practically connected to relations of power
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• the 'objects' of property in changing contexts of materialism
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• challenges to the Western idea of property posed by colonial and post-colonial contexts, such as the disempowerment through property of whole cultures, the justifications for colonial expansion and bio piracy.
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Dealing with the symbolism of property, its history, traditional philosophical accounts and cultural difference, Margaret Davis has written an invaluable volume for all law students interested in property law.

The first systematic examination of the expectations people had of the law in the middle ages. This book represents the first systematic examination of the expectations people had of the law in the Middle Ages. Up until now historians have used medieval legal records to demonstrate the operation of legal rules, the functioning of legal institutions and the development of the legal profession, but they have rarely considered the attitudes that arose as a result of the processes of law. The papers in this volume investigate the way expectations of the law were generated, captured, revealed or replayed for posterity in medieval Europe in jurisprudential reasoning, the activity of charter writing, the framing of definitions of "liberty", the concern for historical justifications, and the phraseology of various forms of legislation and chancery bills. Attitudes and perceptions are also considered with regard to the active role played by rulers of European states in law-giving and in the organisation of legal institutions. Contextualising some of the developments in medieval law, this volume not only enables generalisations to be made about expectations of the law, but also highlights the existence of national and supra-national similarities as well as differences arising in medieval Europe. Contributors: RICHARD W. KAEUPER, D. HEIRBAUT, M. KORPIOLA, JUDITH EVERARD, CYNTHIA J. NEVILLE, JULIA C. CRICK, H. SUMMERSON, G. SEABOURNE, G. DODD, T. HASKETT, ANTHONY MUSSON, C. STEBBINGS, P. TUCKER