In the 2010s, America's adversaries conducted numerous damaging cyber operations inside the United States: the Office of Personnel Management breach, attacks on banks, persistent intellectual property theft by China, and the Russian intervention in the 2016 election. The US-possessor of the world's most powerful cyber arsenal-responded in 2018 by unveiling a new Defend Forward strategy. It is a large step in the direction of more aggressive action in cyberspace-albeit for defensive ends. The US has not attempted to hide this shift. To the contrary, it has telegraphed the change. But the telegraphing has taken place at a highly abstract level. Very little is known about precisely what types of operations Defend Forward entails. While the US government has asserted that Defend Forward is consistent with domestic and international law, it has not explained how the new strategy overcomes the perceived legal constraints that previously tempered US responses to cyber intrusions and threats. This volume, edited by Jack Goldsmith and featuring a cast of leading scholars in the field, provides an authoritative overview of the origins and operation of Defend Forward, and a comprehensive assessment of its legality. For anyone interested in the future of great power conflict and the cyber strategies that the US is deploying against its adversaries, The United States' Defend Forward Cyber Strategy is an essential read.

This book examines the far-reaching changes made to the constitution in the United Kingdom in recent decades. It considers the way these reforms have fragmented power, once held centrally through the Crown-in-Parliament, by means of devolution, referendums, and judicial reform. It examines the reshaping of the balance of power between the executive, legislature, and the way that prerogative powers have been curtailed by statute and judicial ruling. It focuses on the Human Rights Act and the creation of the UK Supreme Court, which emboldened the judiciary to limit executive action and even to challenge Parliament, and argues that many of these symbolised an attempt to shift the 'political' constitution to a 'legal' one. Many virtues have been ascribed to these reforms. To the extent that criticism exists, it is often to argue that these reforms do not go far enough. An elected upper chamber, regional English parliaments, further electoral reform, and a codified constitution are common tonics prescribed by commentators from this point of view. This volume adopts a different approach. It provides a critical evaluation of these far-reaching reforms, drawing from the expertise of highly respected academics and experienced political figures from both the left and right. The book is an invaluable source of academic expertise and practical insights for the interested public, students, policymakers, and journalists, who too often are only exposed to the 'further reform' position.

A "competent and effective lawyer," according to the Conference of Chief Justices, must understand "both the federal Constitution and state constitutional law." The Texas Constitution in State and Nation: Comparative State Constitutional Law in the Federal System is designed to provide that understanding. Its melding of edited cases and extensive commentary on comparative constitutionalism creates not only an ideal primary or supplemental text for Texas law school or graduate courses on state constitutional law and government, but also a useful resource for Texas practitioners and judges. This book initially outlines the development of state constitutions in Texas and other states, describes the interrelationship of state and federal constitutionalism, and details federal influences on state constitutional law. It then proceeds to examine state judicial power, unique and dually protected state constitutional individual rights, separation of powers principles under state constitutions, and the roles of the state legislative and executive branches of government. The introductory materials in each chapter and the notes accompanying the edited cases integrate doctrine, practice, and theory, highlighting additional Texas authorities, comparative decisions from other states, and relevant legal theory from judges, practitioners, and scholars. The resulting combination of traditional casebook materials and perceptive commentary is both a valuable reference work and a dynamic teaching tool. Charles W. "Rocky" Rhodes is the Vinson & Elkins Research Professor and Professor of Law at South Texas College of Law in Houston. He has coauthored two other books on constitutional law and authored more than twenty journal articles and book chapters on a variety of constitutional and procedural issues. Before joining academia, he served as a briefing attorney for Justice Raul Gonzalez and a staff attorney for Justice Greg Abbott at the Supreme Court of Texas, practiced in the appellate section of Locke Liddell & Sapp LLP (now Locke Lord LLP), and obtained his board certification in Civil Appellate Law from the Texas Board of Legal Specialization. He earned his undergraduate degree summa cum laude while on a National Merit Scholarship at Baylor University before enrolling at Baylor Law School, where he was Editor-in-Chief of the Baylor Law Review and valedictorian of his graduating law school class. During his career, he has participated as an attorney or an expert consultant in numerous proceedings addressing state constitutional issues.

Miller proposes that we focus our energies on the question of how the Constitution is to function in an era of rapid and fundamental social change. He introduces this provocative collection of essays with the observation that American constitutional theory has arrived at a dead-end, largely because it has been perceived as "constitutional law" rather than a form of political theory. He puts this view into sharp perspective by looking at what are in effect, three constitutions--the political, the economic, and the emergent corporate instrument. He analyzes important issues that confront the Supreme Court, policymakers, and theorists, such as the expansion of government control, the Court as a political mechanism, the power of corporations, politics and the First Amendment, the challenge of nuclear weapons, and questions relating to social justice, including equal protection and the right to employment.

This book analyzes the contributing factors responsible for the emergence of terrorism in the Middle East with specific case studies based on empirical data that anchors the analyses in real life observation and posits unbiased, bipartisan solutions. Terrorists are targeting civilian populations around the world and increasing pressure on civil liberties, public policy and democratic institutions. With the defeat of one terrorist organization several more take its place. This book includes case studies in public administration initiatives from various Middle Eastern countries, and investigates regulation, public information, monetary and financial responsibilities, security, and civic infrastructure as possible solutions to this ever-worsening problem. With terrorism emerging as a major global policy issue this book speaks to global security and public policy and administrative issues in the Middle East, and will be of interest to researchers in terrorism and security in the Middle East, public administration, international relations, political economy, and to government officials, security analysts and investors.

In American Constitutionalism, Third Edition, renowned authors Howard Gillman, Mark A. Graber, and Keith E. Whittington offer an innovative approach to the two-semester Constitutional Law sequence (Volume 1 covers Institutions and Volume II covers Rights and Liberties) that presents the material in a historical organization within each volume, as opposed to the typical issues-based organization. Looking at Supreme Court decisions historically provides an opportunity for instructors to teach-and for students to reflect on-the political factions and climate of the day. The third edition has been updated through the 2020 SCOTUS session, and features updated cases, analysis, illustrations, and figures.

In November 1998, the Hawaii and Alaska electorates voted to amend their state constitutions so that same-sex marriages would not have to be recognized. Rather than end the controversy surrounding same-sex marriages, the passage of these amendments will only spur more litigation, because the referenda themselves implicate constitutional guarantees and because amending a state constitution cannot lessen federal constitutional protections. Since same-sex marriages promote many of the same individual and state interests that opposite-sex marriages do, states will be unable to justify their same-sex marriage bans if those rationales are closely examined. When challenged, the recent constitutional amendments in Hawaii and Alaska may well be held unconstitutional by the state supreme courts on federal constitutional grounds, although ultimately the United States Supreme Court will likely be asked to resolve the relevant issues.

Suppose that state same-sex marriage bans are held not to violate federal constitutional guarantees, but that one state nonetheless recognizes such unions. The other states will be permitted to refuse to recognize marriages celebrated in that state only if certain conditions have been met. Contrary view notwithstanding, the law of nature exception will not apply in this case. Further, even the Defense of Marriage Act will likely not afford states the right to refuse to recognize any and all same-sex marriages validly celebrated in sister states.

This book proposes an innovative treatment of minority language policies, by looking at them as policy options that can be methodically evaluated. The author applies the analytical concepts and technical tools of policy analysis to guide the reader through a step-by-step application of notions such as effectiveness and cost-effectiveness, with particular reference to the European Charter for Regional or Minority Languages. The thrust of this book is deeply interdisciplinary, and links the evaluation exercise to sociolinguistic, political and legal considerations.

Behind every government there is an impressive team of hard-working lawyers. In Australia, the Solicitor-General leads that team. A former Attorney-General once said, 'The Solicitor-General is next to the High Court and God.' And yet the role of government lawyers in Australia, and specifically the Solicitor-General as the most senior of government lawyers, is under-theorised and under-studied. The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest goes behind the scenes of government - drawing from interviews with over 45 government and judicial officials - to uncover the history, theory and practice of the Australian Solicitor-General. The analysis reveals a role that is of fundamental constitutional importance to ensuring both the legality and the integrity of government action, thus contributing to the achievement of rule-of-law ideals. The Solicitor-General also works to defend government action and prosecute government policies in the court, and thus performs an important role as messenger between the political and judicial branches of government. But the Solicitor-General's position, as both an internal integrity check on government and an external warrior for government, gives rise to competing pressures: between the law, politics and the public interest. The office of the Solicitor-General in Australia has evolved many characteristics across the almost two centuries of its history in an attempt to navigate these tensions. These pressures are not unique to the Australian context. The understanding of the Australian position provided by this book is informed by, and will inform, comparative analysis of the role of government lawyers across the world.

This book offers four stimulating views on European integration and law. Four experts in the fields of European law, private law, criminal law and company law discuss to what extent European integration has affected their respective fields of interest. In addition to this, they offer their views on the future of European integration. This makes this book indispensable to anyone interested in the European Union and its all pervasive influence on national law. The contributors are Deirdre Curtin, Jan Smits, Andr Klip and Joseph A. McCahery. This volume marks the 25th anniversary of the Faculty of Law of Maastricht University. In these 25 years, the Maastricht Faculty of Law has become a forerunner in European legal education and research. It offers the European Law School program and hosts the Ius Commune Research School.

1. Introduction 2. Conceptual and Analytical Framework 3. Reservation Policy in India: Origin Growth and Recent Trends 4. Judicial Creativity towards Rationalisation of Reservation 5. Legal Mechanics of Reservation and Judicial Balancing of the Conflicting Interests 6. Conclusion Table of Cases Amendments Appendices Bibliography Index

In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points--while emphasizing the instability of the post-transition moment.

A significant part of the world's population lives under some sort of federal arrangement. And yet, the concepts of federalism and federation remain under-theorised. Federalist theorists have, for the most part, defined their object by opposition to the unitary state. As a result, they have not developed public law theories that capture the specificity of this type of polity. Bringing together contributions from leading public law theorists and intellectual historians, this volume explores the foundations of federalism. It develops novel perspectives on the core problems of traditional federalist theory and charts new departures in federalist theory and federal power-sharing. At a time when we look for more inclusive ways of ordering public life, the volume fills an urgent theoretical and political need.

This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.

This volume contains detailed information concerning the law on parental responsibilities in twenty-two European jurisdictions. The expert members of the CEFL have drafted national reports on the basis of a detailed questionnaire. These national reports, together with the relevant legal provisions, are available on CEFL s web site (www.law.uu.nl/priv/cefl). This book integrates all the given answers in order to provide an overview and a straightforward simultaneous comparison of the different solutions chosen within the national systems. On the basis of this reliable and comprehensive comparative material the CEFL will be able to draft Principles of European Family Law regarding Parental Responsibilities.

General Robert E. Lee uttered to Albert Bledsoe these important words: "You have a great work to do; we all look to you for our vindication." The "work" Lee was referring to was in essence a Confederate political bible, that would clarify and explain the principles of self-determination upon which the Secession from the United States of America was based. Bledsoe was truly inspired to write a most deftly argued book defending the South's "unthinkable" action. This treatise, originally called Is Davis a Traitor?, is finally returned to print in a new edition, with a new preface and index. Albert Taylor Bledsoe (1809-1877) could be characterized as a traditionalist, an "unreconstructed Southerner," a fighter for various causes and a firm believer in the dangers of modernism and foreign influence. Yet he was no stooge working for the Southern "Brahmins"- he was an intelligent man of letters, soldier and educator, clergyman and lawyer, friend of wealthy men, social investigator, and seasoned traveler. Because of his intellectual perspicacity, and his connections to important leaders in the South, he became an apologist for the Southern Confederacy, and the pre-war Southern "mentality." Is Secession Treason? represents the pinnacle of Bledsoe's work. The centerpiece of his position is the critical distinction between the words "constitution" and "compact." Drawing from the texts of numerous political and philosophical documents, he presents ample justification for the assertion that the union of former colonies in the 1780s was voluntary and not perpetual, and their inherent independence was not taken away by their acceding to the "compact" that joined them. Limitation on the power of the central authority over the states was actually a key factor in the minds of the participants attending the Constitutional Convention, as the author so ably proves. In the pursuit of honesty and openness, Bledsoe strives to present both sides of the debate, and states with great clarity and force the positions of Webster, Madison, Jefferson, Hamilton, Calhoun and many others. After careful reflection and analysis, he arrives at two powerful conclusions: Secession was allowed under the Constitution, and the military attack by the Federal government on the Confederacy was illegal. So well-reasoned were his arguments, that his book proved to be a source of material for the defense of Jefferson Davis, President of the Southern Confederacy, from charges of treason. Despite Albert Bledsoe's unwavering devotion to his beloved homeland, one could say that his treatise is more of a fair and balanced treatment of Secession, than many recently published works covering the same subject.

The German Ministry of Defense decided in 2000 to commission a study comparing various European systems of military law. The present book contains not only the original study but also all national reports in English. It provides a comparative analysis of different European military law systems on the basis of national reports.