Over the last decade the regulatory evaluation of environmental and public health risks has been one of the most legally controversial areas of contemporary government activity. Much of that debate has been understood as a conflict between those promoting 'scientific' approaches to risk evaluation and those promoting 'democratic' approaches. This characterization of disputes has ignored the central roles of public administration and law in technological risk evaluation. This is problematic because, as shown in this book, legal disputes over risk evaluation are disputes over administrative constitutionalism in that they are disputes over what role law should play in constituting and limiting the power of administrative risk regulators. This is shown by five case studies taken from five different legal cultures: an analysis of the bifurcated role of the Southwood Working Party in the UK BSE crisis; the development of doctrines in relation to judicial review of risk evaluation in the US in the 1970s; the interpretation of the precautionary principle by environmental courts and generalist tribunals carrying out merits review in Australia; the interpretation of the WTO Sanitary and Phytosanitary Agreement as part of the WTO dispute settlement process; and the interpretation of the precautionary principle in the EU context. A strong argument is thus made for re-orienting the focus of scholarship in this area.

The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".

Debates over the separation or accommodation of religion and government have divided Americans since the founding of our country and continue to echo in governmental chambers today, as people argue sharply and heatedly about the exact meaning and correct applications of First Amendment clauses on religious establishment and free exercise of religion. Students can trace the history and development of these arguments, as well as the reactions to them, through this unique collection of over 70 primary documents. Court cases and other documents bring to life the controversies surrounding the issues. Explanatory introductions to documents aid users in understanding the various arguments put forth, while illuminating the significance of each document.

Patrick and Long trace the origins and changes in the nature of the debates surrounding the issue of freedom of religion using carefully chosen court cases and other documents to reflect the fact that the Court's decision has not always ended public controversy about the relationships between church and state or religion and government. Indeed, especially in recent years, the Court's decisions in some cases have exacerbated old tensions and generated new issues. The focus throughout is on the connection between the U.S. Constitution and freedom of religion. The introductory and explanatory text help readers understand the nature of the conflicts, the issues being litigated, the social and cultural pressures that shaped each debate, and the manner in which the passions of individual government officials, justices, and our presidents affected the development of policies concerning freedom of religion.

Until The New Press first published "May It Please the Court" in 1993, few Americans knew that every case argued before the Supreme Court since 1955 had been recorded. The original book-and-tape set was a revelation to readers and reviewers, quickly becoming a bestseller and garnering praise across the nation. "May It Please the Court" includes both live recordings and transcripts of oral arguments in twenty-three of the most significant cases argued before the Supreme Court in the second half of the twentiethcentury. This edition makes the recordings available on an MP3 audio CD. Through the voices of some of the nation's most important lawyers and justices, including Thurgood Marshall, Archibald Cox, and Earl Warren, it offers a chance to hear firsthand our justice system at work, in the highest court of the land. Cases included: "Gideon v. Wainwright" (right to counsel) "Abington School District v. Schempp" (school prayer) "Miranda v. Arizona" ("the right to remain silent") "Roe v. Wade" (abortion rights) "Edwards v. Aguillard" (teaching "creationism") "Regents v. Bakke" (reverse discrimination) "Wisconsin v. Yoder" (compulsory schooling for the Amish) "Tinker v. Des Moines" (Vietnam protest in schools) "Texas v. Johnson" (flag burning) "New York Times v. United States" (Pentagon Papers) "Cox v. Louisiana" (civil rights demonstrations) "Communist Party v. Subversive Activities Control Board" (freedom of association) "Terry v. Ohio" ("stop and frisk" by police) "Gregg v. Georgia" (capital punishment) "Cooper v. Aaron" (Little Rock school desegregation) "Heart of Atlanta Motel v. United States" (public accommodations) "Palmer v. Thompson" (swimming pool integration) "Loving v. Virginia" (interracial marriage) "San Antonio v. Rodriguez" (equal funding for public schools) "Bowers v. Hardwick" (homosexual rights) "Baker v. Carr" ("one person, one vote") "United States v. Nixon" (Watergate tapes) "DeShaney v. Winnebago County" (child abuse)

The Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book emphasizes the interplay of law, ideology, politics, and economic change in shaping constitutional thought and provides a historical perspective on the contemporary debate about property rights. Since publication of the original edition of this work, both academic and popular interest in the constitutional rights of property owners has markedly increased. Now in its third edition, this text has been revised to incorporate a full treatment of important judicial decisions, notable legislation, and scholarship since the second edition appeared in 1997. In particular, Ely provides helpful background and context for understanding the controversial Kelo decision relating to the exercise of eminent domain power for "public use." Covering the entire history of property rights in the United States, this new edition continues to fill a major gap in the literature of constitutional history and is an ideal text for students of legal and constitutional history.

Sovereignty in Transition brings together a group of leading scholars from law and cognate disciplines to assess contemporary developments in the framework of ideas and the variety of institutional forms associated with the concept of sovereignty. Sovereignty has been described as the main organizing concept of the international society of states - one which is traditionally central to the discipline and practice of both constitutional law and of international law. The volume asks to what extent, and with what implications, this centrality is challenged by contemporary developments that shift authority away from the state to new sub-state, supra-state and non-state forms. A particular focus of attention is the European Union, and the relationship between the sovereignty traditions of various member states on the one hand and the new claims to authority made on behalf of the European Union itself on the other are examined. The collection also includes contributions from international law, legal philosophy, legal history, political theory, political science, international relations and theology that seek to examine the state of the sovereignty debate in these disciplines in ways that throw light on the focal constitutional debate in the European Union.

This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world's jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.

This book is devoted to the study of the interplay between religious rules and State law. It explores how State recognition of religious rules can affect the degree of legal diversity that is available to citizens and why such recognition sometime results in more individual and collective freedom and sometime in a threat to equality of citizens before the law. The first part of the book contains a few contributions that place this discussion within the wider debate on legal pluralism. While State law and religious rules are two normative systems among many others, the specific characteristics of the latter are at the heart of tensions that emerge with increasing frequency in many countries. The second part is devoted to the analysis of about twenty national cases that provide an overview of the different tools and strategies that are employed to manage the relationship between State law and religious rules all over the world.

What did the founding fathers intend by these words from the First Amendment, and how should this amendment be applied to the free exercise of religion today? In School Prayer, Robert Alley examines the history behind the writing of the religion clauses of the First Amendment, the courts' interpretations of these clauses over two centuries, and the debates in Congress over their application, especially as regards prayer in the public schools.
Alley begins with an extensive analysis of the writings and actions of James Madison, described as "the architect of the religion clauses" and "the single most important voice for religious liberty in the nation's history." Madison is viewed as a proponent of strict separation between church and state and as opposed to any form of state-sponsored religious establishment. Alley then discusses the history of "protestant hegemony" in the nineteenth century and the attitude of messianism as reflected in presidential pronouncements on the relation of religion to government.
All this is presented as background to the debates in the latter half of our own century over the role of prayer in public schools. Alley reviews some thirty years of congressional testimony and key Supreme Court decisions. He gives special attention to the highly controversial Engle v. White decision in 1962, which banned the recitation of a prayer composed by the New York State Board of Regents in public schools. This decision unleashed a storm of protests, which has continued to this day and has given rise to numerous congressional proposals to amend or overturn the Court's ruling. Extensive selections from the arguments on both sides of the controversy afford the reader a firsthand look into the many deliberations surrounding this sensitive and timely matter.

This history of the discipline of public law in Germany covers three dramatic decades of the twentieth century. It opens with the First World War, analyses the highly creative years of the Weimar Republic, and recounts the decline of German public law that began in 1933 and extended to the downfall of the Third Reich. The author examines the dialectic of scholarship and politics against the background of long-term developments in industrial societies, the rise of the interventionist state, the shift of state law and administrative law theory, and the emergence of new disciplines (tax law, social law, labour law, business administration law). Almost all the issues and questions that preoccupy state law and administrative law theory at the dawn of the twenty-first century were first pondered and debated during this period. Stolleis begins by emphasizing the long farewell to the nineteenth century and then moves on to examine the doctrine of state law and administrative law during the First World War. The impact of the Weimar Constitution and the of the Versailles Treaty on the discipline is discussed. Here the famous 'quarrel of direction' that occurred in the field of state law doctrine (1926-1929) played a central role. But equally important was the development of state law and administrative law theory (in both the Reich and its constituent states), administrative doctrine, and the jurisprudence of international law. Part two of the book is devoted to the impact of National Socialism. The displacement of Jewish scholars, the change of direction in the professional journals, and the shutdown of the Association of State Law Teachers form one aspect of the story. The other aspect is manifested in the erosion of public law and in the growing sense of depression that gripped its practitioners. In the end, it was not only state law that was destroyed by the Nazi experience, but the scholarly discipline that went with it. The author tackles questions about the co-responsibility of scholars for the Holocaust, and the reasons fwhy academic teachers of public law were all but absent in the opposition to the Nazi regime.

The first work of its kind to present a comprehensive survey of landmark court decisions on educational adequacy and equity claims and their impact on public school reform. In Educational Adequacy and the Courts: A Reference Handbook, education researcher Elaine Walker presents an in depth analysis of pivotal court cases and their impact on educational adequacy and reform, illuminating the inherent challenges of redressing long-standing problems associated with state funding mechanisms for K-12 education. In addition to an eye opening, state-by-state discussion of court rulings and their effect on education, Walker covers such topics as the moral imperative for educational reform, the failure and success of federal and state reform efforts, and the historical importance of school finance litigation in the reform of school systems in high poverty areas. The work also highlights alternative ways in which improvement can be approached and sheds light on the overall complexities of setting educational policy. Coverage of pivotal court decisions such as Abbott v. Burke, Rose v. Council of Education, and Alabama Coalition for Equity, Inc. v. Hunt Directory of organizations, associations, and agencies involved in educational adequacy issues and school reform

This unique empirical study investigates how the method of judicial selection significantly affects state-supreme-court policies in several important areas of law-business, criminal procedure, and family law. After examining different theories and surveying the research about judicial selection, this comparative study of policies in six states-Connecticut, New Jersey, Pennsylvania, Rhode Island, Virginia, West Virginia-challenges current assumptions. The author finds that appointed judges prefer the interests of the individual over those of the state in criminal-procedure cases and are the most innovative in business law; that elected judges prefer the interests of the state over the individual; and that legislatively selected judges acquiesce to the policy preferences of other branches of government and are the most inactive in terms of policy initiation. For students and teachers in law, political science, and history; for lawyers and judges; for interest groups concerned about state policy; and for policymakers and other professionals concerned with American government and public administration.

The seven-volume edition contains about 500 constitutional texts, constitutional amendments, failed constitutions and draft constitutions from the United States, all in their original languages and alphabetically ordered. The texts, including some rare original versions, have been edited and annotated on the basis of the printed official state documents and conventions, consulting the original manuscripts. The constitutional documents from South Carolina to Texas are published in volume VI and the constitutional documents from Vermont to Wisconsin are published in volume VII.

The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.

The Kingfish and the Constitution is an in-depth analysis of the poisonous relationship that evolved between Huey "Kingfish" Long, legendary governor of Louisiana, and the state's daily newspapers. Long's political battle over the newspaper tax in the Louisiana legislature in 1934 and the subsequent battle over the constitutionality of his attempt at censorship by taxation culminated in the U.S. Supreme Court decision in Grosjean v. American Press Co. in 1936, a landmark decision that laid the basis for the protection of modern freedom of the press in America. This fascinating study will be of interest to scholars and students of political science, constitutional law, and American history.

Published anonymously, this highly respected work was the first history of the common law. Originally published: London]: Printed by J. Nutt, 1713. iii], 264, 12]; xvi], 171 pp. Reprint of the first edition. Two parts, each with title page and individual pagination: The History of the Common Law of England: Divided into Twelve Chapters; The Analysis of the Law: Being a Scheme, Or Abstract, Of the Several Titles and Partitions of the Law of England, Digested into Method. A series of chronological essays drawn from Hale's manuscripts, it "give s] us a clear statement of the history of some of the important external features of the common law...Sketch as it is his history is living history because its author had a clear view of its whole course" (Holdsworth, Sources and Literature of English Law 151-152).
Sir Matthew Hale 1609-1676] was a Judge of the Common Pleas, well-known for his History of the Pleas of the Crown.

This book analyses the recent modernisation of EU State aid law from various perspectives, and considers both substantive and procedural aspects. It also discusses the reasons for, and the goals and future implications of the modernisation programme, including the evolution of the concept of State aid. The ambitious reform programme was launched in 2012 and has now been almost fully implemented by virtue of the adoption of new rules of procedure in July 2013, and exemption in June 2014. The book highlights the main aspects of this sector reform, which include the Commission's change of attitude towards so-called positive aid, i.e. those able to promote economic growth, and the intention to focus on matters of greater systematic extent. These objectives also imply a third aspect: increasing the intensity of the control powers conferred on the Commission with regard to that aid that prove to be harmful to competition and the internal market. The book also examines the greater responsibility given to States for self-assessment of their economic policy measures, and explores the resulting impact on, and challenges posed to the administrations of the Member States. The book's second part is devoted to the application State aid rules in the area of services of general economic interest, with a special focus on aid in the field of social health and infrastructure.

This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration. Covering areas such as posting of workers, the right to collective bargaining, political rights and free movement for EU citizens, and asylum policy, chapters provide a cross-disciplinary and policy-oriented treatment of these subjects alongside focused legal analysis. Complementing traditional concepts and methodologies with newly emerged empirical elements, the book exposes the EU's inherent tensions while also offering new perspectives on the ways in which EU constitutional principles, rooted in solidarity, could inform a future Social Europe. Law, Solidarity and the Limits of Social Europe will be a stimulating read for scholars and students of EU law and social policy. It will also be of interest to legal practitioners, policy makers and civil society organisations working in fields related to Social Europe.

View the Table of Contents. Read Chapter One.

aDoes a terrific job of laying out how the courts have conspired to limit the abortion access of teenaged girls. The results are clear, convincing, and enraging. How we- and the lawmakers who represent us- respond will indicate whether the pro-choice community has the wherewithal to fight back and defend Roe. Helena Silverstein has broken the silence on judicial bypass. It is now up to the rest of us to take action.a
--"Z Magazine"

aSilverstein implements a tremendous research design that yields a very well-written book, and the resulting evidence backs up a powerful indictment of street level justice at work.a--"Law and Politics Book Review"

aDoes a terrific job of laying out how the courts have conspired to limit the abortion access of teenage girls. The results are clear, convincing and enraging. . . . Silverstein has broken the silence on judicial bypass. It is now up to the rest of us to take action.a
--"New York Law Journal"

aSilversteinas book is a welcome addition because, rather than focusing on normative debates about abortion that almost anyone interested in the question is already familiar with, she focuses on how parental notification laws actually work on the ground. The book is judicious and moderate in tone. . . . A first-rate work of social science.a
--"American Prospect Online"

aThatas the law; whatas the practice? Helena Silverstein, a political scientist, surveyed the courts charged with implementing the parental bypass in Alabama, Tennessee and Pennsylvaniaa]Silversteinas findings, which range from disturbing to appalling, are set out in Girls on the Stand: How Courts Fail Pregnant Minors.a
--"San Francisco Chronicle"

In the wake of the Supreme Court's 1973 "Roe v. Wade" decision, many states tested "Roe" by placing restrictions on abortion rights. Most states now have parental consent laws for women under age eighteen. For minors who have reason to avoid parental involvement, the Supreme Court has instituted a generally welcomed compromise that allows minors to seek authorization by a third party, usually a judge. In this groundbreaking study, Silverstein demonstrates that this compromise is fatally flawed. . . . Silverstein does an excellent job of explicating the serious problems with this compromise, concluding that it is rooted in the myth that judges can be relied on to be unbiased. . . . Silverstein has produced an important contribution to women's studies and legal practice and theory.a
--"Publishers Weekly"

aHelena Silverstein's important research reveals a court system that all too often fails the most vulnerable teenagers.a
--Louise Melling, Director of the ACLU Reproductive Freedom Project

aTaking on the emotionally charged issue of mandatory parental involvement in the abortion decisions of minors and judicial bypass provisions in three states, Silverstein carefully lays out and skillfully dismantles myths that sustain support for these policies. Her prose is lucid and engaging, her argument powerful and persuasive. This book is one of the best examples of a new generation of scholarship on law and legal processes.a
--Austin Sarat, co-editor of "From Lynch Mobs to the Killing State: Race and the Death Penalty in America"

aSilverstein develops an incisive, empirically rich, and tightly reasoned case about how the beguiling amyth ofrightsa props up a fatally flawed public policy for pregnant minors. This is a veryoriginal, powerful, and important book that deserves to be read by a wide audience.a
--Michael McCann, co-author of "Distorting the Law: Politics, Media, and the Litigation Crisis"

aSilverstein's research on the by-pass protections written into parental notification legislation reveals how and why these protections provided for pregnant minors are subverted by clumsy bureaucratic procedures and by politically driven judicial decisions. In so doing, she brings empirical evidence, conceptual sophistication and extraordinary good sense to divisive controversies over reproductive rights, legality and democracy.a
--Stuart Scheingold, Professor Emeritus of Political Science, University of Washington

The U.S. Supreme Court has decided that states may require parental involvement in the abortion decisions of pregnant minors as long as minors have the opportunity to petition for a "bypass" of parental involvement. To date, virtually all of the 34 states that mandate parental involvement have put judges in charge of the bypass process. Individual judges are thereby responsible for deciding whether or not the minor has a legitimate basis to seek an abortion absent parental participation. In this revealing and disturbing book, Helena Silverstein presents a detailed picture of how the bypass process actually functions.

Silverstein led a team of researchers who surveyed more than 200 courts designated to handle bypass cases in three states. Her research shows indisputably that laws are being routinely ignored and, when enforced, interpreted by judges in widely divergent ways. In fact, she finds audaciousacts of judicial discretion, in which judges structure bypass proceedings in a shameless and calculated effort to communicate their religious and political views and to persuade minors to carry their pregnancies to term. Her investigations uncover judicial mandates that minors receive pro-life counseling from evangelical Christian ministries, as well as the practice of appointing attorneys to represent the interests of unborn children at bypass hearings.

Girls on the Stand convincingly demonstrates that safeguards promised by parental involvement laws do not exist in practice and that a legal process designed to help young women make informed decisions instead victimizes them. In making this case, the book casts doubt not only on the structure of parental involvement mandates but also on the naAve faith in law that sustains them. It consciously contributes to a growing body of books aimed at debunking the popular myth that, in the land of the free, there is equal justice for all.