Substantially about the relation between the concept of constitutionalism and Islamic Law in general and how such relation is specifically reflected in the Shi'ite jurisprudence, this volumeexplores the juristic origins of constitutionalism, especially in the context of 1905 Constitutional Revolution in Iran. Boozari has introduced the most important fatwas issued by the religious leaders in support of constitutionalism during the 1905 revolution, unfolded their underpinning theories, and analyzed the juristic technicalities of the terms.

Food Safety Management: A Practical Guide for the Food Industry, Second Edition continues to present a comprehensive, integrated and practical approach to the management of food safety throughout the production chain. While many books address specific aspects of food safety, no other book guides you through the various risks associated with each sector of the production process or alerts you to the measures needed to mitigate those risks. This new edition provides practical examples of incidents and their root causes, highlighting pitfalls in food safety management and providing key insights into different means for avoiding them. Each section addresses its subject in terms of relevance and application to food safety and, where applicable, spoilage. The book covers all types of risks (e.g., microbial, chemical, physical) associated with each step of the food chain, making it an ideal resource.

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"Colker's book provides a comprehensive review of the ADA's history and a thorough analysis of how effective it has been in vindicating the rights of the disabled. She does not paint a pretty picture, but it is an accurate, empirically based assessment."
--"Trial"

"[A] comprehensive, factually-supported, and carefully reasoned book in a manner worthy of academic interest. At the same time, [Colker] writes in a plain style free of academic jargon and returns consistently to the human-interest arena of practical ramifications."
--"New York Law Journal"

"This book is must reading for teachers, school administrators, parents, vocational rehabilitation counselors, disability rights lawyers, and Deaf Community leaders who hope to help take the citizen ship interests of deaf and hard-of-hearing people to the next level. The book helps these constituencies make the essential connections between raising and educating deaf children and the rights and opportunities those children hope to enjoy."
--Journal of Deaf Studies and Deaf Education

"The Disability Pendulum chronicles societal views and court reactions to the evolving ADA. Ruth Colker shows that public acceptance and inclusion of persons with disabilities into society is as much driven by attitudes about disability as by law and policy themselves. Colker offers an enriched and fresh analysis of the forces affecting the civil rights movement of persons with disabilities in American society."
--Peter Blank, Charles M. and Marion Kierscht Professor of Law and Director, Law, Health Policy & Disability Center, University of Iowa College of Law

"Ruth Colker's bookis an absolute must-read for anyone interested in disability rights. Colker has long been one of the most astute observers of the development of disability rights in the courts. This book lays out the compelling story of what the ADA was intended to do and what the courts have done to the ADA. The book is both inspiring and sobering."
--Chai Feldblum, Georgetown University Law Center

a[Colker] does not paint a pretty picture, but is an accurate, empirically based assessmenta
-- Adele Rapport, The Associate Regional Attorney for the U.S. Equal Employment Opportunity Commissionas Indianapolis District Office

"The Disability Pendulum helps us to appreciate that how we address these issues will shape the lives of the next generation of children with disabilities."
--"The Law and Politics Book Review"

Signed into law in July 1990, the Americans with Disabilities Act (ADA) became effective two years later, and court decisions about the law began to multiply in the middle of the decade. In The Disability Pendulum, Ruth Colker presents the first legislative history of the enactment of the ADA in Congress and analyzes the first decade of judicial decisions under the act. She assesses the success and failure of the first ten years of litigation under the ADA, focusing on its three major titles: employment, public entities, and public accommodations.

The Disability Pendulum argues that despite an initial atmosphere of bipartisan support with the expectation that the ADA would make a significant difference in the lives of individuals with disabilities, judicial decisions have not been consistent with Congressa intentions. The courts have operated like a pendulum, at timesswinging to a pro-disabled plaintiff and then back again to a pro-defendant stance. Colker, whose work on the ADA has been cited by the Supreme Court, offers insightful and practical suggestions on where to amend the act to make it more effective in defending disability rights, and also explains judicial hostility toward enforcing the act.

Title 47 presents regulations impacting equipment, carrier services, broadcast radio services, safety and special radio services, and policies related to national security. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

This book charts the evolution of the Legal Services Ombudsman for England and Wales. Established in 1990, it had a statutory remit that explicitly recognized its dual responsibility for consumer dispute resolution and democratic accountability. It was replaced in 2010 by a very different type of ombudsman institution. The book describes how the Ombudsman reconciled its different roles and how far it succeeded in changing the mentality of the legal profession. The authors relate the Ombudsman's successes and failures to current debates facing the ombudsman and regulatory community, and highlight the continuing potential of the ombudsman institution. The ombudsman institution emerges as a 'third way' between the courts and various forms of alternative dispute resolution, and as a creative and democratic means of responding to public grievance.

In "Signposts," Sally E. Hadden and Patricia Hagler Minter have assembled seventeen essays, by both established and rising scholars, that showcase new directions in southern legal history across a wide range of topics, time periods, and locales. The essays will inspire today's scholars to dig even more deeply into the southern legal heritage, in much the same way that David Bodenhamer and James Ely's seminal 1984 work, "Ambivalent Legacy," inspired an earlier generation to take up the study of southern legal history.
Contributors to "Signposts" explore a wide range of subjects related to southern constitutional and legal thought, including real and personal property, civil rights, higher education, gender, secession, reapportionment, prohibition, lynching, legal institutions such as the grand jury, and conflicts between bench and bar. A number of the essayists are concerned with transatlantic connections to southern law and with marginalized groups such as women and native peoples. Taken together, the essays in "Signposts" show us that understanding how law changes over time is essential to understanding the history of the South.
Contributors: Alfred L. Brophy, Lisa Lindquist Dorr, Laura F. Edwards, James W. Ely Jr., Tim Alan Garrison, Sally E. Hadden, Roman J. Hoyos, Thomas N. Ingersoll, Jessica K. Lowe, Patricia Hagler Minter, Cynthia Nicoletti, Susan Richbourg Parker, Christopher W. Schmidt, Jennifer M. Spear, Christopher R. Waldrep, Peter Wallenstein, Charles L. Zelden.

Lee Bollinger is one of our foremost experts on the First Amendment--both an erudite scholar and elegant advocate. In this sweeping account, he explores the troubled history of a free press in America and looks toward the challenges ahead.
The first amendment guaranteed freedom of the press in seemingly clear terms. However, over the course of American history, Bollinger notes, the idea of press freedom has evolved, in response to social, political, technological, and legal changes. It was not until the twentieth century that freedom of the press came to be understood as guaranteeing an "uninhibited, robust and wide-open" public discourse. But even during the twentieth century, government continually tried to erect barriers: the sedition laws of World War One, the use of libel law, the Pentagon Papers case, and efforts to limit press access to information.
Bollinger utilizes this history to explore the meaning of freedom of the press in our globalized, internet-dominated era. As he shows, we have now entered uncharted territory. What does press freedom mean when our news outlets can instantaneously disseminate information throughout the world? When foreign media have immediate access to the American market? Bollinger stresses that even though the law will surely evolve in the coming years, we must maintain our commitment to a press that is "uninhibited, robust, and wide-open," not only in America but everywhere. Given the new ability of foreign media to reach the United States via the Internet and vice versa, it is in America's national interest for press freedoms to expand overseas. While protecting the freedom of the press at home remains a crucial task, the next challenge is to help create a global public forum suitable for an increasingly interconnected world. Part of Oxford's landmark Inalienable Rights series, this book will set the agenda for how we think about the press in the twenty-first century.

This book offers new perspectives on British nuclear policy-making at the height of the Cold War, arguing that the decisions taken by the British government during the 1950s and 1960s in pursuit of its nuclear ambitions cannot be properly understood without close reference to Duncan Sandys, and in particular the policy preferences that emerged from his experiences of the Second World War and his efforts leading Britain's campaign against the V-1 and V-2. Immersing himself in this campaign against unmanned weaponry, Sandys came to see ballistic missiles as the only guarantor of nuclear credibility in the post-war world, placing them at the centre of his strategic thinking and developing a sincerely-held and logically-consistent belief system which he carried with him through a succession of ministerial roles, allowing him to exert a previously undocumented level of influence on the nature of Britain's nuclear capabilities and its approach to the Cold War. This book shows the profound influence Sandys' personal belief system had on Britain's attempts to acquire a credible nuclear deterrent.

Administrative legal systems are based on national constitutional legal traditions and cultural values. This book offers a historical and comparative analysis of English and German Administrative law. There is a growing need for comparative material and analysis in Administrative law - this book provides a valuable contribution to this field.

Title 27 presents regulations by the U.S. Treasury that govern alcohol, tobacco, and firearms. Subchapters address liquors; firearms; procedures and practices; and alcohol, tobacco, and other excise taxes.

This timely collection examines the record of current and recent justices in fashioning the Constitution and looks at the larger political context in which their work has occurred. The eight essays, written by distinguished scholars of the Supreme Court, review the achievements of current Justices O'Connor and Rehnquist as well as recent justices Douglas, Black, and Harlan. The essay on Justice O'Connor is one of the first overall assessments of her record to appear in print. Editor D. Grier Stephenson, Jr.'s introductory chapter presents an insightful overview of the Supreme Court's role in American government today. Collectively these chapters make a rich contribution to an understanding of constitutional government and render a complex subject both accessible to general readers and interesting to experts. Following editor Stephenson's cogent introduction, Henry AbrahaM's Can Presidents Really Pack the Supreme Court? focuses on the political and intellectual environments within which the Supreme Court functions and on the candidates selected by presidents to sit on the High Bench. In Chapter Three, former solicitor general Rex E. Lee zeroes on a central aspect of, and a key player in, the judicial process. Leadership and the relationships among the justices are the subject of Chapter Four. Harold J. Spaeth's essay on Justice Sandra Day O'Connor emphasizes personality as an element contributing to the Court's decisions. The legacy of Justice William O. Douglas and the impact of the Court's past on its present decisions are both examined by Walter Murphy. Similarly, the next chapter's study of Justice John Marshall Harlan shows the importance of the Constitutional legacy in understanding the Supreme Court. Affirmative Action and the Supreme Court reviews the responses of current members of the Court to one of the most divisive and significant policy questions of our time. The concluding essay surveys Chief Justice Rehnquist and the Future of the Supreme Court. This volume is important reading for students of law, history, and political science.

The non-discrimination principle enshrined in the Treaty of Rome has grown, through the case law of the European Court of Justice, into a normative core of the utmost importance for the totality of Community law. In particular, the equal treatment doctrine which developed from the application of non-discrimination in employment continues to challenge the legal structures of labour law and European social integration. This collection of essays on the current and future state of equal treatment and non-discrimination in EC law presents the proceedings of a conference held at Lund University in December 2000, sponsored by the Norma Research Programme, which studies normative patterns and their development in the legal regulation of employment, housing, family and social security from a European integration perspective. Important areas of discussion include the following, among many other topics: indirect discrimination, defining the protected group, pregnancy discrimination, positive action, flexibilization of working life, rights of contract workers, and reasonable adjustments for workers with disabilities. In an interesting outcome, the discussion reveals that an analysis in terms of discrimination adds to our understanding of law even in areas that are not generally articulated in such terms. In the wake of the European Charter of Fundamental Rights, and in the light of the distinct possibility that Europe may be moving toward a "Single Non-Discrimination/Equal Treatment Act", this is a fruitful point of view - one of many insights that should make this book a useful source of material with which practitioners, academics, and other interested professionals can further the development of the equal treatment principle in European law.

This treatise was the first comprehensive study of the United States Constitution, and one of the most important. Originally published: Philadelphia: Philip H. Nicklin, 1829. viii, 349 pp. Though concise, Rawle provides a systematic analysis of the Constitution's articles, as well as its historical background and philosophy. It is also a historically significant work because it suggests that states have a right to secede from the Union. A popular textbook used in schools with large numbers of southern pupils, such as the U.S. Military Academy, it and is generally considered to have influenced the leaders and supporters of the Confederacy).
"Though admittedly a valuable and able study, Rawle's View of the Constitution stirred up controversy. Rawle himself was a Federalist, but his studies in government had led him to the judgment that the Union was not irrevocable. His final chapter on "The Union" includes a detailed statement that the right of secession was necessary to the fundamental right of a people to choose their own form of government. (. . .) In several ways, Rawle may be considered as providing the transitional step between the North and the South. His View was published midway between the inauguration of the Federal Government and the outbreak of the War Between the States." --Elizabeth Kelley Bauer, Commentaries on the Constitution, 1790-1860 63).
WILLIAM RAWLE 1759-1836] was a pillar of Pennsylvania's legal establishment and a highly regarded attorney and educator. In 1791 President George Washington appointed him the U.S. district attorney for Pennsylvania. In 1830 Rawle helped revise the civil code of Pennsylvania.

Two original national surveys were conducted to examine the differences between mass and elite opinion regarding the policy making decisions of the Supreme Court in the area of criminal procedure. The results of the surveys indicate that those who have obtained a legal education are generally more protective of civil libertarian ideals. However, at times, when the Supreme Court has decided against what would be considered the civil libertarian alternative, lawyers are actually less civil libertarian than the rest of the mass public. Among the mass public, knowledge and education did not play as prominent a role in shaping opinions as did demographic variables. The survey results indicate that divergent opinions regarding the root causes of crime account for the differences in opinion regarding police methods in apprehending potential defendants. Most surprising, and most significant, is that contrary to reports in the mass media, the mass public is relatively protective of civil liberties. Professor Lock then proposes approaches whereby the courts and the legal profession can work to develop an even more supportive mass public. A study of particular importance to students, scholars, and public policy makers in the areas of constitutional and criminal law and public opinion.

John Jay was one of America's greatest Founding Fathers. First Chief Justice of the Supreme Court, Secretary for Foreign Affairs during the Confederation, President of the Continental Congress, Governor of New York -- the only surprise is that he never became President. A New York lawyer, Jay (1745-1829) negotiated (with Franklin and Adams) the treaty that ended the War of Independence and later, in Jay's Treaty of 1794, the first commercial agreement with Britain. Actively engaged in the Revolutionary War, and a major contributor to the development and ratification of the Constitution, he was a central figure in the early history of the American Republic. A slave owner himself, he was nevertheless an early exponent of the gradual abolition of slavery. John Jay is the first biography for over sixty years of this remarkable man. Drawing on substantial new material, Walter Stahr has written a full and highly readable portrait of both the public and the private man.

Academic attention has,in recent years, increasingly focused upon the Europeanization of national legal orders. The interaction of domestic and supranational standards, while often presented as problematic, enables national courts to use European law as a reference point against which to develop domestic principle and practice. The effects of such borrowing can be far-reaching. Courts may assume an enhanced institutional role relative to other branches of the State and individuals may benefit from the introduction of new remedies and principles of judicial review. This book examines the dynamics of the process whereby UK courts borrow principle and practice from European law. It argues that recent internal developments in UK law, notably the passage of the Human Rights Act, present new possibilities for legal integration. Although UK courts have already demonstrated a willingness to use European law creatively, the book suggests that integration has been unduly constrained by the previously unincorporated status of the ECHR and by the courts' justification for the reception of EU law. Focusing in particular on the principles of administrative law applied by courts in judicial review proceedings, the book highlights how the emergence of new principles of review has been frustrated by the courts' inability to view EU law and the ECHR as part of an interlocking whole. The book's central argument, therefore, is that the Human Rights Act, coupled with the more general programme of constitutional reform introduced by New Labour, now offers the courts the opportunity to reassess the nature of the interactive relationship that domestic law has with European law. UK Public Law and European Law: The Dynamics of Legal Integration will be of interest to public lawyers, European lawyers and political scientists alike. It offers a comprehensive overview of existing jurisprudence dealing with the reception of European law into the domestic order. More significantly, it places that jurisprudence within the wider context of legal and political change ongoing within and without the United Kingdom.

This study examines the evolution and political consequences of the 2009 British MPs' expenses scandal. Despite claims of a revolution in British politics, we show how the expenses scandal had a limited, short-term impact.

The book focuses on Robert Alexy's theory of constitutional rights. Alexy systematically presented the theory in his seminal book "Theorie der Grundrechte" (1985; Engl. translation "Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy's theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.

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?

The Unpredictable Constitution brings together a distinguished group of U.S. Supreme Court Justices and U.S. Court of Appeals Judges, who are some of our most prominent legal scholars, to discuss an array of topics on civil liberties.

In thoughtful and incisive essays, the authors draw on decades of experience to examine such wide-ranging issues as how legal error should be handled, the death penalty, reasonable doubt, racism in American and South African courts, women and the constitution, and government benefits.

Contributors: Richard S. Arnold, Martha Craig Daughtry, Harry T. Edwards, Ruth Bader Ginsburg, Betty B. Fletcher, A. Leon Higginbotham, Jr., Lord Irvine of Lairg, Jon O. Newman, Sandra Day O'Connor, Richard A. Posner, Stephen Reinhardt, and Patricia M. Wald.

Regional policy is an essential means by which the European Union pursues its objective of social and economic cohesion. This major new book describes the operation of the various EU structural funds, which seek to promote equality between levels of development and employment across Europe particularly by lending impetus to the most backward areas. A thorough understanding of how regional policy operates has become increasingly important following EU enlargement as funds are allocated to new regions. This work provides a comprehensive overview of the nature and operation of the EU structural funds and related financial instruments for the promotion of regional solidarity in Europe. It derives from a section in the looseleaf Law of the EU (Vaughan & Robertson, eds), and is made available here for the benefit of those who don't subscribe to the looseleaf.

How have recent changes in domestic and international regulations affected quality management in the development and marketing of medical devices in the US and abroad? Consultants Daniel and Kimmelman take a close look at the Quality System Regulation (QsReg), the ISO 13485: 2003 standard and the ISO/TR 14969: 2004 guidance document as well as a number of US Food and Drug Administration (FDA) and Global Harmonization Task Force (GHTF) guidance documents. The authors provide extensive commentary and notes an update their material to include such topics as the incorporation of principles of risk management into the medical device organizations' quality management systems (QMSs) and considerations of combination products. Daniel and Kimmelman include full coverage of the QSReg requirements, descriptions of comparable requirements in the ISO documents, excerpts of the FDA's responses to the QSReg preamble and excerpts from FDA guidance documents related to QMSs.