This groundbreaking study is the first to apply an analytical model derived from the interest-group theory of regulation to the study of antitrust law and policy. The application of this model which stresses that government intervention in the economy will always benefit some political groups at the expense of others to the analysis of antitrust enables Shughart both to identify important trends in the antitrust arena and demonstrate which groups have benefited most from antitrust legislation. His analysis clearly shows that consumer welfare is often not enhanced by antitrust suits or legislation. Rather, well-organized private interest groups have tended to benefit more, even in cases where consumer welfare is the stated goal of legislation or policy.

Divided into three sections, the volume begins by discussing normative and positive theories of antitrust. The author provides an overview of the origins of antitrust law and policy and introduces the interest-group theory of government. The second section explores the various private interests that impinge on antitrust policy: the business community, the antitrust bureaucracy, Congress, the judiciary, and the antitrust bar. Finally, Shughart examines the political economy of antitrust. He shows how antitrust can be used to subvert competition and offers suggestions for reform in the realm of interest group politics. Students of economics and business, as well as professional economists, corporate lawyers, legislators, and business consultants, will find important new insights into the direction taken by antitrust policy during the last few decades.

This book contains the text on which Professor Zimmermann's Clarendon Lectures at the University of Oxford in October 1999 were based.

Que cela signifie-t-il d'etre un citoyen(ne) au Canada dans un contexte numerique ? Quelles sont les consequences de cet environnement numerique pour les citoyen(ne)s et pour les decideur(e)s publics ? Cet ouvrage collectif interdisciplinaire rassemble des chercheur(e)s, des activistes et des decideurs publics pour degager un consensus sur ce que signifie une societe numerique pour le Canada. Ce collectif presente un apercu de l'etat de la citoyennete dans un contexte numerique au Canada et propose un programme de recherche et de politiques publiques pour aller de l'avant. La partie I examine le paysage actuel de la participation civique numerique et met en lumiere certaines voix manquantes dont nous avons besoin pour construite une societe numerique inclusive. La partie II explore la relation entre les citoyen(ne)s et leurs institutions politiques et democratiques, de la prestation des services gouvernementaux a l'engagement academique et citoyen dans les politiques publiques. La partie III analyse les principaux cadres juridiques qui doivent etre discutes et redefinis afin de permettre l'etablissement et le renforcement d'une societe inclusive et d'institutions democratiques. Il s'agit d'une ressource fondamentale pour les decideur(e)s publics, les etudiant(e)s et les chercheurs interesses a comprendre la citoyennete dans un contexte numerique au Canada. Publie en anglais.

This volume analyses, for the first time in European studies, the impact that non-legally binding material (otherwise known as soft law) has on national courts and administration. The study is founded on empirical work undertaken by the European Network of Soft Law Research (SoLaR), across ten EU Member States, in competition policy, financial regulation, environmental protection and social policy. The book demonstrates that soft law is taken into consideration at the national level and it clarifies the extent to which soft law can have legal and practical effects for individuals and national authorities. The national case studies highlight the points of convergence or divergence in the way in which judges and administrators approach soft law, while reflecting on the reasons for and consequences of various national practices. A series of horizontal studies connect this research to the rich literature on new modes of governance, by revisiting traditional theories on soft law, and by reflecting on the potential of such instruments to undermine or to foster rule of law values.

American Law and Legal Systems examines the philosophy of law within a political, social, and economic framework with great clarity and insight. Readers are introduced to operative legal concepts, everyday law practices, substantive procedures, and the intricacies of the American legal system. Eliminating confusing legalese, the authors skillfully explain the basics, from how a lawsuit is filed through the final appeal. This new edition provides essential updates to forensic and scientific evidence, contract law, and family law, and includes new text boxes and tables to help students understand, remember, and apply central concepts. New to the 8th Edition Updates the coverage of environmental law, especially in relation to climate change. Updates the coverage of family law, especially in relation to gay marriage. Includes new coverage of challenges to the Voting Rights Act, campaign finance, and cybersecurity. Covers the effects of social media on judicial proceedings. Includes 16 new cases, including Obergefell v. Hodges. Adds new text boxes on intriguing subjects throughout. Accompanied by an author-written Instructor's Manual that includes Learning Objectives, Chapter Summaries, Chapter Outlines, Key Terms and Concepts, as well as Test Questions for each chapter.

American Law and Legal Systems examines the philosophy of law within a political, social, and economic framework with great clarity and insight. Readers are introduced to operative legal concepts, everyday law practices, substantive procedures, and the intricacies of the American legal system. Eliminating confusing legalese, the authors skillfully explain the basics, from how a lawsuit is filed through the final appeal. This new edition provides essential updates to forensic and scientific evidence, contract law, and family law, and includes new text boxes and tables to help students understand, remember, and apply central concepts. New to the 8th Edition Updates the coverage of environmental law, especially in relation to climate change. Updates the coverage of family law, especially in relation to gay marriage. Includes new coverage of challenges to the Voting Rights Act, campaign finance, and cybersecurity. Covers the effects of social media on judicial proceedings. Includes 16 new cases, including Obergefell v. Hodges. Adds new text boxes on intriguing subjects throughout. Accompanied by an author-written Instructor's Manual that includes Learning Objectives, Chapter Summaries, Chapter Outlines, Key Terms and Concepts, as well as Test Questions for each chapter.

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.

Since the 1960s, the nature and the future of the European Union have been defined in legal terms. Yet, we are still in need of an explanation as to how this entanglement between law and EU polity-building emerged and how it was maintained over time. While most of the literature offers a disembodied account of European legal integration, Brokering Europe reveals the multifaceted roles Euro-lawyers have played in EU polity, notably beyond the litigation arena. In particular, the book points at select transnational groups of multipositioned legal entrepreneurs which have been in a situation to elevate the role of law in all sorts of EU venues. In doing so, it draws from a new set of intellectual resources (field theory) and empirical strategies only very recently mobilized for the study of the EU. Grounded on an extensive historical investigation, Brokering Europe provides a revised narrative of the 'constitutionalization of Europe'.

The impact international law has had on Japanese law has been substantial, especially in the field of human rights. The author of this volume, one of Japan's leading international lawyers, examines extensively the relationship between his country's domestic rules and regulations, and the numerous international treaties and conventions which it has ratified in recent years.

The author pays particular attention in this volume to the laws governing sexual equality, the legal status of aliens, and the treatment of mental health patients, amongst others. The book details the changes that international law has brought in these areas, despite the skepticism of the Japanese courts regarding the validity of international human rights law as a source of law.

Hardly known twenty years ago, exclusion from public space has today become a standard tool of state intervention. Every year, tens of thousands of homeless individuals, drug addicts, teenagers, protesters and others are banned from parts of public space. The rise of exclusion measures is characteristic of two broader developments that have profoundly transformed public space in recent years: the privatisation of public space, and its increased control in the 'security society'. Despite the fundamental problems it raises, exclusion from public space has received hardly any attention from legal scholars. This book addresses this gap and comprehensively explores the implications that this new form of intervention has for the constitutional essentials of liberal democracy: the rule of law, fundamental rights, and democracy. To do so, it analyses legal developments in three liberal democracies that have been at the forefront of promoting exclusion measures: the United Kingdom, the United States, and Switzerland.

This collection asks a direct but complex question: is the EU humane enough? The implementation of EU law and policy and its balance between economic and social values continues to provoke debate. Providing fresh insight, Nuno Ferreira and Dora Kostakopoulou present a novel analytical framework, centred on the notion of humaneness, for assessing EU law and policy. This innovative approach leads to recommendations for policy change towards a more humanistic philosophy for the EU. Broad in its scope, this remarkable volume draws together interdisciplinary perspectives from contributors who examine key EU law and policy fields, including economic integration, asylum and free movement, citizenship and development, and security. This book is essential reading for scholars, students and policy-makers seeking new ways of exploring the economic versus social values debate in EU law.

Today, many people agree that the EU lacks solidarity and needs a social dimension. This debate is not new, but until now the notion of a 'social Europe' remained vague and elusive. To make progress, we need a coherent conception of the reasons behind, and the agenda for, not a 'social Europe', but a new idea: a European Social Union. We must motivate, define, and demarcate an appropriate notion of European solidarity. We must also understand the legal and political obstacles, and how these can be tacked. In short, we need unequivocal answers to questions of why, what, and how: on that basis, we can define a clear-cut normative and institutional concept. That is the remit of this book: it provides an in-depth interdisciplinary examination of the rationale and the feasibility of a European Social Union. Outstanding scholars and top-level practitioners reflect on obstacles and solutions, from an economic, social, philosophical, legal, and political perspective.

Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.

Today, many people agree that the EU lacks solidarity and needs a social dimension. This debate is not new, but until now the notion of a 'social Europe' remained vague and elusive. To make progress, we need a coherent conception of the reasons behind, and the agenda for, not a 'social Europe', but a new idea: a European Social Union. We must motivate, define, and demarcate an appropriate notion of European solidarity. We must also understand the legal and political obstacles, and how these can be tacked. In short, we need unequivocal answers to questions of why, what, and how: on that basis, we can define a clear-cut normative and institutional concept. That is the remit of this book: it provides an in-depth interdisciplinary examination of the rationale and the feasibility of a European Social Union. Outstanding scholars and top-level practitioners reflect on obstacles and solutions, from an economic, social, philosophical, legal, and political perspective.

The result of the UK referendum in June 2016 on membership of the European Union had immediate repercussions across the UK, the EU and internationally. As the dust begins to settle, attention is now naturally drawn to understanding why this momentous decision came about and how and when the UK will leave the EU. What are the options for the new legal settlements between the UK and the EU? What will happen to our current political landscape within the UK in the time up to and including its exit from the EU? What about legal and political life after Brexit? Within a series of short essays, Brexit Time explores and contextualises each stage of Brexit in turn: pre-referendum; the result; the process of withdrawal; rethinking EU relations; and post-Brexit. During a time of intense speculation and commentary, this book offers an indispensable guide to the key issues surrounding a historic event and its uncertain aftermath.

Updated now for the first time, THE WORDS WE LIVE BY continues to take an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, and affirmative action.
In The Words We Live By, Linda Monk probes the idea that the Constitution may seem to offer cut-and-dried answers to questions regarding personal rights, but the interpretations of this hallowed document are nearly infinite. For example, in the debate over gun control, does "the right of the people to bear arms" as stated in the Second Amendment pertain to individual citizens or regulated militias? What do scholars say? Should the Internet be regulated and censored, or does this impinge on the freedom of speech as defined in the First Amendment? These and other issues vary depending on the interpretation of the Constitution.
Through entertaining and informative annotations, The Words We Live By offers a new way of looking at the Constitution. Its pages reflect a critical, respectful and appreciative look at one of history's greatest documents. The Words We Live By is filled with a rich and engaging historical perspective along with enough surprises and fascinating facts and illustrations to prove that your Constitution is a living--and entertaining--document.
Updated now for the first time, THE WORDS WE LIVE BY continues to take an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, and affirmative action.
In THE WORDS WE LIVE BY, Linda Monk probes the idea that the Constitution may seem to offer cut-and-dried answers to questions regarding personal rights, but the interpretations of this hallowed document are nearly infinite. For example, in the debate over gun control, does "the right of the people to bear arms" as stated in the Second Amendment pertain to individual citizens or regulated militias? What do scholars say? Should the Internet be regulated and censored, or does this impinge on the freedom of speech as defined in the First Amendment? These and other issues vary depending on the interpretation of the Constitution.
Through entertaining and informative annotations, THE WORDS WE LIVE BY offers a new way of looking at the Constitution. Its pages reflect a critical, respectful and appreciative look at one of history's greatest documents. THE WORDS WE LIVE BY is filled with a rich and engaging historical perspective along with enough surprises and fascinating facts and illustrations to prove that your Constitution is a living--and entertaining--document.

In 1865, Wild Bill Hickok killed Dave Tutt in a Missouri public square in the West's first notable "walkdown." One hundred and twenty-nine years later, Bernhard Goetz shot four threatening young men in a New York subway car. Apart from gunfire, what could the two events possibly have in common? Goetz, writes Richard Maxwell Brown, was acquitted of wrongdoing in the spirit of a uniquely American view of self-defense, a view forged in frontier gunfights like Hickok's. When faced with a deadly threat, we have the right to stand our ground and fight. We have no duty to retreat.
No Duty to Retreat offers an engrossing account of how this idea of self-defense emerged, focusing in particular on the gunfights of the frontier and their impact on our legal traditions. The right to stand one's ground, Brown tells us, appeared relatively recently. Under English common law, the threatened party had a legal duty to retreat "to the wall" before fighting back. But from the nineteenth century on, such authorities as Justice Oliver Wendell Holmes rejected this doctrine as unsuited to both the American mind and the age of firearms. Brown sketches the influence of frontier violence, demonstrating the tremendous impact of the famous gunmen and the prevalence of what he calls "grassroots gunfighters"--unsung men who resorted to their guns at a moment's notice. These duels, ambushes, and firefights, he writes, were more than personal vendettas: They were part of a "Western Civil War of Incorporation," pitting gunmen--usually Republicans and Unionists, who sided with the expanding banks, railroads, and businesses--against cowboys and independent farmers, who were often Democrats sympathizing with the Confederacy. Brown examines the gunfight near the O.K. Corral in this light, showing how it was a climax of tensions between Tombstone's Republican businessmen (represented by Wyatt Earp) and the county's cowboys (led by the Clantons and McLaurys). He also looks at such lesser-known battles as the Mussel Slough war, in which resisting farmers, imbued with the no-retreat ethic, fought for their independent lifestyle against encroaching rail barons. This Civil War of Incorporation fed the violence of the West and reinforced the legal doctrine of "no duty to retreat."
The frontier days are long past, but Brown shows how the ethic of no retreat continues to shape everything from our entertainment to our foreign policy (including President Bush's "line drawn in the sand") to our politics to cases like that of Bernhard Goetz. Though challenged as never before by the values of peace and social activism, it remains a central theme in American thought and character.

This examination of the mixed jurisdiction experience makes use of an innovative cross-comparative methodology to provide a wealth of detail on each of the nine countries studied. It identifies the deep resemblances and salient traits of this legal family and the broad analytical overview highlights the family links while providing a detailed individual treatment of each country which reveals their individual personalities. This updated second edition includes two new countries (Botswana and Malta) and the appendices explore all other mixed jurisdictions and contain a special report on Cameroon.

Blackstone in America explores the creative process of transplantation - the way in which American legislators and judges refashioned the English common law inheritance to fit the republican political culture of the new nation. With current scholarship returning to focus on the transformation of Anglo-American law to 'American' law, Professor Kathryn Preyer's lifelong study of the constitutional and legal culture of the early American republic has acquired new relevance and a wider audience. The collection includes Professor Preyer's work on criminal law, the early national judiciary, and the history of the book. All nine of Professor Preyer's important and award-winning essays are easily accessible in this volume, with new introductions by three leading scholars of early American law.

In this era of globalisation, different legal systems and structures no longer operate within their own jurisdictions. The effects of decisions, policies and political developments are having an increasingly wide-reaching impact. Nowhere is this more keenly felt than in the sphere of European Union law. This collection of essays contributes to the co-operative search for interpretative and normative grids needed in charting the contemporary legal landscape. Written by leading lawyers and legal philosophers, they examine the effects of law's de-nationalisation by placing European law in the context of transnational law and demonstrate how it forces us to rethink our basic legal concepts and propose an approach to transnational law beyond the dichotomy of national and international law.

Frederic William Maitland (1850 1906) was a pioneering English legal historian. Originally published in 1911, this book forms one of three volumes of Maitland's collected papers. Taken together the texts cover a broad range of areas, with some philosophical and biographical subject matter, but for the most part they relate to the spheres of legal and social history. This book will be of value to anyone with an interest in legal history and Maitland's contribution to it.

Frederic William Maitland (1850 1906) was a pioneering English legal historian. Originally published in 1911, this book forms one of three volumes of Maitland's collected papers. Taken together the texts cover a broad range of areas, with some philosophical and biographical subject matter, but for the most part they relate to the spheres of legal and social history. This book will be of value to anyone with an interest in legal history and Maitland's contribution to it.

Frederic William Maitland (1850 1906) was a pioneering English legal historian. Originally published in 1911, this book forms one of three volumes of Maitland's collected papers. Taken together the texts cover a broad range of areas, with some philosophical and biographical subject matter, but for the most part they relate to the spheres of legal and social history. This book will be of value to anyone with an interest in legal history and Maitland's contribution to it.

As a result of globalization, the barriers between countries are coming down. There is more interaction between countries than ever and mutual understanding and communication have become essential considerations. In such an atmosphere, the Korea Legislation Research Institute has published this book to spread awareness of outstanding Korean law and of its legal system throughout the globe, as the authoritative sources of legal information for other countries. This book explains Korean law in nine chapters that focus on its distinguishing aspects. The nine authors who have participated are all prominent scholars who have contributed their expertise to the project.