This volume is a compilation of the U.S. federal special prosecutor/independent counsel investigations spanning the complete twenty-one year tenure from 1978-1999 of the independent counsel statute. The entries include individuals who have served as investigators; those who have been targets of investigations; all attorney generals who have called for appointment of special prosecutors; all presidents during whose terms of office such prosecutors served; and all legal cases that served to argue for or against the constitutionality of the independent counsel statute. These historical precedents are traced from Ulysses Grant's appointment of a special prosecutor to investigate the St. Louis Whiskey Scandal in 1875. More contemporary cases include Watergate, precipitated by Richard Nixon's Saturday Night Massacre dismissal of Special Prosecutor Archibald Cox in 1973; Independent Counsel Lawrence Walsh's Iran-Contra Investigation; and Special Prosecutor Ken Starr's Whitewater investigation of the Clintons and the ensuing permutations which brought individuals like Linda Tripp and Monica Lewinsky to prominence and also brought the statute calling for such investigations into constitutional debate.

The book is fully cross-referenced and contains a comprehensive bibliography and index. It will be of interest to scholars and students of American History and Constitutional History.

In two canonical decisions of the 1920s--"Meyer v. Nebraska" and "Pierce v. Society of Sisters"--the Supreme Court announced that family (including certain relations within it) was an institution falling under the Constitution's protective umbrella. Since then, proponents of "family values" have claimed that a timeless form of family--nuclear and biological--is crucial to the constitutional order. Mark Brandon's new book, however, challenges these claims.

Brandon addresses debates currently roiling America--the regulation of procreation, the roles of women, the education of children, divorce, sexuality, and the meanings of marriage. He also takes on claims of scholars who attribute modern change in family law to mid-twentieth-century Supreme Court decisions upholding privacy. He shows that the "constitutional" law of family has much deeper roots.

Offering glimpses into American households across time, Brandon looks at the legal and constitutional norms that have aimed to govern those households and the lives within them. He argues that, well prior to the 1960s, the nature of families in America had been continually changing--especially during western expansion, but also in the founding era. He further contends that the monogamous nuclear family was codified only at the end of the nineteenth century as a response to Mormon polygamy, communal experiments, and Native American households.

Brandon discusses the evolution of familial jurisprudence as applied to disputes over property, inheritance, work, reproduction, the status of women and children, the regulation of sex, and the legal limits to and constitutional significance of marriage. He shows how the Supreme Court's famous decisions in the latter part of the twentieth century were largely responses to societal change, and he cites a wide range of cases that offer fresh insight into the ways the legal system responded to various forms of family life.

More than a historical overview, the book also considers the development of same-sex marriage as a political and legal issue in our time. "States of Union" is a groundbreaking volume that explains how family came to be "in" the Constitution, what it has meant for family to be constitutionally significant, and what the implications of that significance are for the constitutional order and for families.

Whether in the form of Christmas trees in town squares or prayer in school, fierce disputes over the separation of church and state have long bedeviled this country. Both decried and celebrated, this principle is considered by many, for right or wrong, a defining aspect of American national identity.

Nearly all discussions regarding the role of religion in American life build on two dominant assumptions: first, the separation of church and state is a constitutional principle that promotes democracy and equally protects the religious freedom of all Americans, especially religious outgroups; and second, this principle emerges as a uniquely American contribution to political theory.

In Please Don't Wish Me a Merry Christmas, Stephen M. Feldman challenges both these assumptions. He argues that the separation of church and state primarily manifests and reinforces Christian domination in American society. Furthermore, Feldman reveals that the separation of church and state did not first arise in the United States. Rather, it has slowly evolved as a political and religious development through western history, beginning with the initial appearance of Christianity as it contentiously separated from Judaism.

In tracing the historical roots of the separation of church and state within the Western world, Feldman begins with the Roman Empire and names Augustine as the first political theorist to suggest the idea. Feldman next examines how the roles of church and state variously merged and divided throughout history, during the Crusades, the Italian Renaissance, the Protestant Reformation, the British Civil War and Restoration, the early North American colonies, nineteenth-century America, and up to the present day. In challenging the dominant story of the separation of church and state, Feldman interprets the development of Christian social power vis--vis the state and religious minorities, particularly the prototypical religious outgroup, Jews.

Using insights from multilevel governance and pluralism, this book provides an in-depth analysis of the development of European private law in the Dutch and German legal order. It focuses on the question whether the coexistence of national and European state and non-state actors is detrimental or beneficial for the predictability, consistency, accessibility and responsiveness of European private law. On the one hand, the discourse on multilevel governance draws attention to the possibility that problems may arise if interdependent actors do not sufficiently interact. This may be the case in European private law, where national and European legislators and courts have become increasingly interdependent on one another in ensuring that European private law develops predictably, consistently, accessibly, and responsively. The book analyzes the development of European private law by national and European state actors through codifications, blanket clauses, soft laws and general principles in the light of interdependence. In addition, non-state actors have played an increasingly important role in developing binding rules in European private law. This development necessitates more interaction between actors, and more attention for the potentially binding effect of privately developed rules on third parties' rights. The book accordingly develops a normative framework to determine the extent to which private actors should be able to develop binding rules, based on principles of democracy, private autonomy, and concerns for hetero-determination. On the other hand, pluralism perspectives advocate the development of European private law at different levels and jurisdictions in the light of responsiveness, regulatory competition, and opportunities for mutual learning. The book explores whether these benefits have materialized in the development of European private law, drawing attention to failed and successful instances of regulatory competition and mutual learning, and resulting innovations. The book sketches new governance techniques that may help interdependent actors take into account one another's initiatives and benefit from each other's insights, although they may also entail hetero-determination.

By some definitions, most American prisons and jails are overcrowded; by any definition, many penal facilities are filthy and violence-ridden. Over the last twenty years, dozens of state and local corrections systems have come under court orders to reform. What have been the causes and consequences of judicial involvement in this area, and how in the future can judges act to improve the quality of life behind bars at a reasonable human and financial cost? This volume by a diverse and distinguished group of contributors provides a much needed answer to this question. It offers an introductory statement on enhancing judicial capacity; a critical review of the relevant literatures; original in-depth analyses of selected state and local cases; a statistical study of the likely effect of the "Republicanization" of the federal bench on judicial involvement; and a provocative essay by a corrections practitioner with over three decades of litigation experience. Under the heading "What Judges Can Do to Improve Prisons and Jails," the concluding chapter by DiIulio highlights key findings, offers policy prescriptions, and suggests an agenda for future research.

In Search of the Federal Spirit examines federal theory in the context of the new federal models that have sprung into existence since the end of the Cold War. It utilises the federal spirit as a conceptual lens through which to explore the revival of federalism in the post-Cold War era - especially in the 1990s - and it seeks to place the emergence of these new models in the theoretical context of federal state formation. By examining the approaches of five major contributors to the nature and meaning of federalism - Kenneth Wheare, William Livingston, William Riker, Carl Friedrich, and Daniel Elazar - the book identifies several different expressions of the federal spirit that together constitute its basic political values and principles rooted in liberal democracy. The book explains how and why the federal spirit can survive and prosper only in conditions of liberal democracy which allow these federal values and principles to be freely expressed. In this way the book will connect the five distinctive approaches to understanding federalism and their peculiar interpretation of the federal spirit to the emergence of the new models. This chain of reasoning leads us to look not only at federal state formation based upon formal federal constitutions but also to include the evolution of federal political systems that are an integral part of the post-Cold War revival of federalism. The new federal models are the Russian Federation, Belgium, the European Union, Ethiopia, Bosnia-Herzegovina, Nigeria, Venezuela, and Iraq while Spain, Italy, South Africa, Argentina, and the United Kingdom have each fashioned their own form of federal system in practice. The logic of the argument based upon the federal spirit leads not only to a revisionist framework of analysis to explain the key conditions of future federal state formation but it also prompts a major reconsideration of the conventional conceptual framework of analysis in federalism and the proposal of a new classification of "federal democracies". Confirmation of the firm links between federalism and liberal democracy is further underlined by a detailed examination of the conceptual relationships between civil society, political culture, and liberal democratic constitutionalism. The federal spirit is shown to be multidimensional in its properties and the book concludes with three cases studies of Ethiopia, Bosnia-Herzegovina, and Iraq that establish federalism as essentially a way of thinking - a mindset - about creating political stability in deeply divided societies by creating federations.

Compilation of Early Norwegian Laws."The oldest Norwegian laws, those of Gula and Frosta, go back to a time when the culture of the Middle Ages was still a somewhat novel experience in Northern Europe. Though the copies that have survived seem to date from the twelfth century and later, the codes must, in considerable part, have taken form in the eleventh century, or as early as the first generation of the Christian age. Heathendom had by that time been outlawed, but one seems justified in believing that the cult of strength and valor was for some time yet a force that had to be taken into account; for the principles that governed in the heathen age retained much of their ancient vigor, and the old civilization, rooted, as it was, in the soil itself, was able in large measure to maintain both life and validity." --Foreword, viiLaurence M. Larson 1868-1938] was a Professor of History at the University of Illinois. CONTENTSIntroductionTHE OLDER LAW OF THE GULATHINGThe Church LawThe Merchant LawThe Law of TenancyThe Inheritance LawMiscellaneous ProvisionsThe Law of Personal RightsThe Wergeld SystemThe Law as to TheftThe Redemption of Odal LandThe Law of the Coast DefenseA Later System of WergeldTHE OLDER LAW OF THE FROSTATHINGIntroductionI. The FrostathingII. The Church LawIII. The Church Law-ContinuedIV. The Law of Personal RightsV. Miscellaneous ProvisionsVI. The Wergeld SystemVII. The Law of the Coast DefenseVIII. The Inheritance LawIX. The Inheritance Law-ContinuedX. The Merchant LawXI. The Merchant Law-ContinuedXII. The Redemption of Odal LandXIII. The Law of TenancyXIV. The Law of Tenancy-Concluded. The Law as to TheftXV. The Law as to Theft-ContinuedXVI. Later EnactmentsGlossary BibliographyIndex

Managing scarcity to serve the public interest is a classic government task. An important way to execute this task is by allocating individual rights that are only available in limited quantities, such as CO2 emission allowances, gambling licences, subsidies, radio frequencies, public contracts and parking permits. Whereas economic and political theory has paid much attention to the allocation of scarce goods and rights, until now a consistent and general legal theory of 'the allocating government' has been missing. This is striking given the fact that limited rights have to be allocated within many sectors and are often of great social significance and financial importance. Decisions on allocation often lead to disputes. This book provides a unique exploration of building blocks for a consistent and general legal theory on the allocation of limited rights by administrative authorities. This book is useful to legislators, administrative authorities, applicants, interested third parties and the courts. The EU-law perspective is an important element in this book, but comparative law and doctrinal approaches are also taken into account. The contributions in this book have been enriched by information from national reports on the allocation of gambling licences, radio frequencies and CO2 emission permits in seven EU Member States: France, Germany, Greece, Italy, the Netherlands, Romania and Spain. (See P. Adriaanse, F. van Ommeren, W. den Ouden and J. Wolswinkel (eds.), Scarcity and the State II. Member State Reports on Gambling Licences, Radio Frequencies and CO2 Emission Permits, Intersentia, Antwerp 2016).

THE ROMAN LAW DEALING WITH DAMAGES, LIABILITY AND GIFTS BETWEEN HUSBAND AND WIFEThe Lex Aquilia deals with unlawful and accidental damages and gives a civil remedy for damage to property. It is important as the basis of the general principle of liability to person and property in later Roman law. The Lex Aquila is difficult to interpret, and it has inspired a great deal of contemporary and later commentary. Thayer's bilingual edition presents the text with a summary of commentary (in English) by scholars from the Medieval era through the 1920s. The second part contains the Latin text of De Donationibus with extensive notes (in English) by Thayer.James Bradley Thayer [1831-1902] practiced law in Boston from 1856 until 1874.He was the Royall Professor of Law, Harvard Law School, 1874-1883, and WeldProfessor of Law, 1883-1902.CONTENTSAD LEGEM AQUILIAM (IX, 2)TEXT AND TRANSLATIONCOMMENTARYDE DONATIONIBUS INTER VIRUM ET UXOREM (XXIV, I)TEXT AND COMMENTARY

Since the 2003 U.S. led invasion of Iraq, the private military sector has seen the largest growth of profit for decades. As Iraq continues to be the focal point of private military clients, staff and related actors, the recurring issue of legitimacy must be addressed. While many texts focus only on existing or proposed legislation, this book analyses the public perception of private military companies (PMCs) and, of wider significance, how their use by states affects how the general public perceives state legitimacy of monopolizing force. Furthermore, this book provides a timely overview of how the energy sector and PMCs are challenging the established sovereignty of politically fragmented oil states, illustrating how energy firms may become as culpable as states in their partnerships with the private military sector and subsequent political ramifications.

Saudi Arabia has never commanded more attention and yet it remains one of the world's least understood countries. In The Normalization of Saudi Law, Chibli Mallat dives into the heart of Saudi society, politics, and business by exploring the workings of its courts. Legal practitioners and scholars will find a comprehensive analysis of the law's operation in the kingdom. The practitioner will access full thematic coverage of all important fields: judicial organization, contracts and torts, crime, family, property, administration, commerce, companies, banking, insolvency, the stock market, the constitution, succession, and human rights, with major statutes and a large number of court decisions distilled in 16 chapters. The scholar is presented with an assessment of a dynamic legal process, a 'normalization' of Saudi law where developing norms are both 'normal' (usual) and 'normative' (carrying moral force). This includes judges reshaping Islamic law by applying it in everyday transactions and disputes as they interpret classical treatises and modern statutes. In whole, The Normalization of Saudi Law paints a compelling picture of a fast-changing country. The book is a systematic study of Saudi law over nearly a decade, and its analysis draws from Mallat's involvement as a legal expert in landmark decisions around the world and as a law professor in leading universities in the Middle East, Europe, and America. The book reflects his work with Saudi law students and practicing colleagues, from cases in commercial law to those involving government and human rights. The Normalization of Saudi Law will interest both readers following the fast-changing world of comparative law and those intrigued by Saudi Arabia.

Solimine and Walker provide a comprehensive examination of all the major issues revolving around judicial federalism- the sharing of judicial power between the 50 states and the federal government. They make the case that the existence and operation of this system is healthy for the development of law and the protection of liberty.

This theme is developed through a discussion of the major issues in the literature of judicial federalism: federalism and rights, the parity of the state and federal courts, the civil litigation system, state court interpretations of their own constitutions, and the relationship of ideology to judicial federalism. Recognizing that there are and always have been serious shortcomings in this system, the author points out that these problem areas can be remedied; the start of this remedial process necessitates a respect for the judicial institutions of the state. Solimine and Walker envision the beginning of a dialogue among practitioners, academics, and concerned citizens on how best to improve the current system in order to halt the threats to diversity posed by increasing federal domination of the judicial system.

This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.

Supreme Court interpretations of the Bill of Rights have produced seven constitutional "exclusionary rules." These rules prevent prosecutors from introducing evidence of guilt in criminal trials, making it harder to convict offenders and enabling some criminals to avoid conviction and punishment. The importance of these evidentiary bars cannot be understated. They reflect inevitable tensions between liberty and security.
Constitutional Exclusion, by James J. Tomkovicz contains in-depth analyses of each constitutional doctrine that dictates the suppression of evidence. The text begins with an extensive treatment of the Fourth Amendment exclusionary rule which bars evidence acquired by means of unreasonable searches or seizures. It then addresses three distinct doctrines that suppress confessions---the due process and privilege against compelled self-incrimination bar to coerced confessions, Miranda v. Arizona's Fifth Amendment prophylactic presumption that certain confessions are inadmissible, and the Massiah doctrine's Sixth Amendment right to counsel bar to incriminating admissions. Next, the book explains two prohibitions on eyewitness identification evidence, one rooted in the Sixth Amendment right to counsel and another grounded in the due process guarantee. Finally, the text explores the exclusion of hearsay commanded by the Sixth Amendment Confrontation Clause.
Constitutional Exclusion analyzes the histories of, justifications for, and the legitimacy of these exclusion doctrines. By juxtaposing the rules and highlighting their distinctive characters, the book sheds new light on topics of vital importance to the administration of criminal justice.

Regional integration systems are becoming increasingly important inspired by the most integrated continent, Europe, but taking on various characteristics on different continents. Such systems have become an important feature of global democracy, even preventing unconstitutional taking of power in various countries. This may be thanks to explicit tasks and powers set out in the constitutive documents or it may be something developed ad hoc in response to events, despite the fact that most regional integration systems aim at economic cooperation rather than explicitly at democratisation. However, developments toward further regional integration in most parts of the world mean that the original aims and cooperation mechanisms have tended to expand.This book analyses how regional integration systems all over the world might be able to act as defenders or promoters of democracy, rule of law and the respect for human rights among their members. It also examines whether and to what extent the promotion and protection of rights through a regional integration organisation can have a decisive importance for democratisation of member states: can an organisation become greater than the sum of its parts and push these parts toward something that they may not otherwise, if the organisation did not exist, have achieved?

This book examines in detail both historical and current legal concepts of religious cultural heritage within the context of the European continent. The latter group is primarily based on the variety of sacred cultural elements emanating from the different religious traditions of the peoples of Europe, which are deemed worthy of protection and preservation due to their outstanding value, in terms of their social, cultural and religious significance."" In view of this, the study provides evidence of the European States active involvement with their sacred/cultural treasures, on the basis of the political and legal foundations of neutrality and pluralism.

Furthermore, the book analyzes all relevant international legislative instruments (i.e. the plethora of EU, EC and UNESCO norms), as well as all major European legislative patterns, in light of their significance for the aforementioned aspects of pluralism and neutrality. The interdisciplinary references listed at the end of each chapter provide an additional incentive for further reading on the subject matter.

The most important finding to emerge from the study is that there is a shared legal ethos in Europe that imposes a duty of appropriate care concerning the vast variety of sacred cultural goods and the religious cultural heritage in general, as an invaluable repository of European cultural capital. It also considers the "sui generis" nature of this capital: like any other type of asset, it may deteriorate or fade over time, necessitating investment in its preservation or refurbishment; nevertheless, like no other, this particular capital maintains a distinct cultural value, as it contains an additional characteristic of sacredness expressed in the form of its religious character, the latter being analyzed as a triptych of religious memory, religious aesthetics and religious beliefs."

"This well-written and thoroughly researched book is essential reading for anyone interested or involved in property law or in English legal history. The main text and the footnotes both contain fascinating information. Mark Wonnacott's book throws illuminating shafts of light on the political, economic, social, and religious history of this country, as well as its legal history." --LORD NEUBERGER OF ABBOTSBURY, M.R.Who has not been a landlord or a tenant? It is one of the most common legal relationships between people, and has been since the medieval period. But there is very little academic interest in the law of landlord and tenant. Nobody before has attempted to write its history. This book shows how the rules on each point of importance have developed. Sometimes it demonstrates how a wrong turn has been taken, or an important principle forgotten. But its practical use is to provide the material for understanding the old cases, and to put those cases in their proper context; for it is hard for any lawyer, advising on a doubtful point, to say where exactly we are now, without a thorough understanding of what the law once was and how and when it might have changed. The historical development of the rules about granting leases, their different types, the rents, covenants and conditions which can be attached to them, their alienation and termination, and the forms of action used to enforce them, are all explained in this book.MARK WONNACOTT is a barrister at Maitland Chambers in Lincoln's Inn, London, specialising in property litigation. If it is attached to the ground, he litigates about it, and the dustier corners of land law are his particular favourite. He was counsel for the successful appellant in Berrisford v. Mexfield Housing Co-operative Ltd. 2011] UKSC 52, which revived the rule that a tenancy for an uncertain term is a defeasible lease for life. When not in court or writing law-books, he is collecting or repairing them, or trying to learn Italian, without much success, or appreciating wine, with somewhat more success. His previous publications include Drafting Property Pleadings (EMIS Professional Publishing, 1997) and Possession of Land (Cambridge University Press, 2006).

There are no two neighbouring countries anywhere in the world that are more different than Indonesia and Australia. They differ hugely in religion, language, culture, history, geography, race, economics, worldview and population (Indonesia, 270 million, Australia less than 10 per cent of that). In fact, Indonesia and Australia have almost nothing in common other than the accident of geographic proximity. This makes their relationship turbulent, volatile and often unpredictable. Strangers Next Door? brings together insiders and leading observers to critically assess the state of Australia-Indonesia relations and their future prospects, offering insights into why the relationship is so important for Australia, why it is so often in crisis, and what this means for the future. This book will be of interest to anyone concerned with the Indo-Pacific region, Southeast Asia, Australia and Indonesia, and each country's politics, economy and foreign policy. It contains chapters that will interest specialists but are written in a style accessible to a general audience. The book spans a diverse range of subjects, including political relations and diplomacy, security and defence, the economy and trade, Islam, education, development, the arts, legal cooperation, the media, women, and community ties. Contributors assess the current state of relations in their sphere of expertise, and outline the factors and policies that could shape bilateral ties - and Indonesia's future - over the coming decades. University of Melbourne scholars Tim Lindsey and Dave McRae, both prominent observers and commentators on Indonesia and its relations with Australia, edited the volume, providing a synthesising overview as well as their own thematic chapters.