Why do legislatures pass laws that automatically expire? Why are so many tax cuts sunset? In this first book-length treatment of those questions, the author explains that legislatures pass laws temporarily in order to reduce opposition from the citizenry, to increase the level of information revealed by lobbies, and to externalize the political costs of changing the tax code on to future legislatures. This book provides a careful analysis which does not normatively prescribe either permanent or temporary legislation in every instance, but rather specifies the conditions for which either permanent or temporary legislation would maximize social welfare.Containing comprehensive, theoretical and empirical analysis of temporary lawmaking, Law and the Limits of Government will appeal to academics in law, economic and political science, lawmakers and policy advocates. Contents: Foreword by Francesco Parisi Part I: Theory 1. Introduction 2. Short-to Medium-term Residual Effects 3. Long-term Residual Effects 4. Information and Commitment 5. Temporary Tax Legislation Part II: Evidence 6. Passage Probability 7. Sponsor's Age 8. Conclusion Bibliography Index

Is there a real and meaningful future for EU constitutionalism? This collection explores this question in light of recent challenges to EU constitutional law; namely the pandemic and the political schisms emerging across the European Union. The contributors explore the question through the prism of the five main pillars of EU constitutionalism: the constitutional values, the EU formal constitutional framework, its substance consisting of the EU political and economic constitution, and conclude by looking at the foundational concept of sovereignty (national and European) in a global realm. Drawing on expertise from both 'old' and 'new' Europe, it gives voice to the most fundamental question facing the Union in its second half century.

This is a truly excellent book: wide-ranging, meticulous scholarship, very well written and easy to read. It should be on the desks of every senior civil servant, government lawyer and politician in every African country. After this book, there is no excuse for not having in place the necessary legal framework and equally important, for not using that legal framework to combat corruption.' - Patrick McAuslan, Birkbeck University of London, UKDrawing on numerous recent examples of good and bad practice from around the continent, this insightful volume explores the legal issues involved in developing and enhancing good governance and accountability within African states, as well as addressing the need for other states worldwide to demonstrate the 'transnational political will' to support these efforts. John Hatchard considers the need for good governance, accountability and integrity in both the public and private sector. He studies how these issues are reflected in both the African Union Convention on Preventing and Combating Corruption and the United Nations Convention Against Corruption. The book demonstrates that despite the vast majority of African states being party to these conventions, in practice, many of them continue to experience problems of bad governance, corporate bribery and the looting of state assets. It explores how the 'art of persuasion' can help develop the necessary political will through which to address these challenges at both the national and transnational levels. This unique and influential book will be of worldwide interest to those studying law, politics or business, as well as legal practitioners, policymakers, senior public officials, parliamentarians, law reformers, civil society organizations and the corporate sector. Contents: Introduction 1. Setting the Scene: Law and Persuasion 2. Law and Governance in Africa: Supporting Integrity and Combating Corruption 3. Preventive Measures: Maintaining Integrity in the Public Service 4. When Things Go Wrong: Addressing Integrity Problems in the Public Service 5. Constitutions, Constitutional Rights and Combating Corruption: Exploring the Links 6. Investigating and Prosecuting Corruption Related Offences: Challenges and Realities 7. National Anti-corruption Bodies: A Key Good Governance Requirement? 8. Judges: Independence, Integrity and Accountability 9. Combating Corruption: 'Persuasion' and the Private Sector 10. Preventing the Looting of State Assets: Combating Corruption-Related Money Laundering 11. Preventing Public Officials from Enjoying their Proceeds of Corruption 12. Law, Political Will and the Art of Persuasion Bibliography Index

Fascinating and entertaining tales of cases and trials from the Birmingham Court of Requests (such as "The meek husband and the bouncing wife," "The servant and his two masters"); a witchcraft trial held before Sir Matthew Hale, 1664, taken down by an attendant at the proceedings; and six New England Salem witchcraft trials from 1692. CONTENTS PART I. CASES IN THE BIRMINGHAM COURT OF REQUESTS Introduction I.The Pleasures of Matrimony II.The Sturdy Club III.The Carrier IV.The Executor V.A Judge may Quit the Line of Justice VI.Match a Knave VII.The Second-hand Wife VIII.Defective Powers IX.ABC X.The Servant and his Two Masters XI.Warning XII.The Meek Husband and the Bouncing Wife XIII.The Lovers XIV.Landlord and Tenant XV.Queer Aspects XVI.The Privilege of a Cockade XVII.The Power of Beauty XVIII.The Hundred-Pound Note XIX.The Merchant and the Button-Maker XX.The Fee XXI.The Reckoning XXII.A Quarter too Late XXIII.The Bastard XXIV."TheTempest," as it was acted by their Majesties' Servants at the Theatre in Birmingham XXV.The Female Contest XXVI.The Hundred-Tongue Club XXVII.Character XXVIII.The Name Unknown XXIX.The Female Note XXX.The Widowed Wife XXXI.The Bench Stormed XXXII.The Coat and many Owners XXXIII.The Cloud of Witnesses XXXIV.A Club Conducted without a Man XXXV.The Stamp XXXVI.The Stumbling Wife XXXVII.The Collector XXXVIII.The Hunted Jew XXXIX.A Picture of Man from the Life XL.The Necessity of Marrying XLI.The Necessity of Unmarrying XLII.The Forsaken Fair XLIII.Betty John PART II. WITCH TRIALS Introduction An Abstract of Mr. Perkins's Way for the Discovery of Witches The Sum of Mr. Gaule's Judgment about the Detection of Witches Bernard of Batcomb's "Guide to Grand Jurymen" TRIALS OF THE NEW ENGLAND WITCHES I. The Trial of G. B. at a Court of Oyer and Terminer, held in Salem, 1692 II. The Trial of Bridget Bishop, alias Oliver, at the Court of Oyer and Terminer, held at Salem, June 2, 1692 III. The Trial of Susanna Martin, at the Court of Oyer and Terminer, held by Adjournment at Salem, Jane 29, 1692 IV. The Trial of Elizabeth How, at the Court of Oyer and Terminer, held by Adjournment at Salem, June 30, 1692 V. The Trial of Martha Carrier, at the Court of Oyer and Terminer, held by Adjournment at Salem, August 2, 162 A FURTHER ACCOUNT OF THE TRIALS OF THE NEW ENGLAND WITCHES A True Narrative, collected by Deodat Lawson, relating to Sundry Persons afflicted by Witchcraft at Salem Village in New England, from the 19th of March to the 5th of April, 1692 Remarks of Things more than Ordinary about the Afflicted Persons Remarks concerning the Accused A Further Account of the Trials of the New England Witches, sent in a Letter from thence to a Gentleman in London A TRIAL OF WITCHES BEFORE SIR MATTHEW HALE AT BURY ST. EDMUNDS, 1664 PART III. AMUSING ACTIONS AT LAW

In recent years, feminist theory has increasingly defined itself in opposition to universalism and to discourses of human rights. Rejecting the troubled legacies of Enlightenment thinking, feminists have questioned the very premises upon which the international human rights movement is based. Rather than abandoning human rights discourse, however, this book argues that feminism should reclaim the universal and reconstruct the theory and practice of human rights. Discourse ethics and its post-metaphysical defence of universalism is offered as a key to this process of reconstruction. The implications of discourse ethics and the possibility of reclaiming universalism are explored in the context of the reservations debate in international human rights law and further examined in debates on women's human rights arising in Ireland, India and Pakistan. Each of these states shares a common constitutional heritage and, in each, religious-cultural claims, intertwined with processes of nation-building, have constrained the pursuit of gender equality. Ultimately, this book argues in favour of a dual-track approach to cultural conflicts, combining legal regulation with an ongoing moral-political dialogue on the scope and content of human rights.

A thorough and engaging look at an unexpected driver of changes in the American criminal justice system Driving is an unavoidable part of life in the United States. Even those who don't drive much likely know someone who does. More than just a simple method of getting from point A to point B, however, driving has been a significant influence on the United States' culture, economy, politics – and its criminal justice system. Rules of the Road tracks the history of the car alongside the history of crime and criminal justice in the United States, demonstrating how the quick and numerous developments in criminal law corresponded to the steadily rising prominence, and now established supremacy, of the automobile. Spencer Headworth brings together research from sociology, psychology, criminology, political science, legal studies, and histories of technology and law in illustrating legal responses to changing technological and social circumstances. Rules of the Road opens by exploring the early 20th-century beginnings of the relationship between criminal law and automobility, before moving to the direct impact of the automobile on prosecutorial and criminal justice practices in the latter half of the 20th century. Finally, Headworth looks to recent debates and issues in modern-day criminal justice to consider what this might presage for the future. Using a seemingly mundane aspect of daily life as its investigative lens, this creative, imaginative, and thoroughly researched book provides a fresh perspective on the transformations of the U.S. criminal justice system.

International law holds a paradoxical position with territory. Most rules of international law are traditionally based on the notion of State territory, and territoriality still significantly shapes our contemporary legal system. At the same time, new developments have challenged territory as the main organising principle in international relations. Three trends in particular have affected the role of territoriality in international law: the move towards functional regimes, the rise of cosmopolitan projects claiming to transgress state boundaries, and the development of technologies resulting in the need to address intangible, non-territorial, phenomena. Yet, notwithstanding some profound changes, it remains impossible to think of international law without a territorial locus. If international law is undergoing changes, this implies a reconfiguration of territory, but not a move beyond it. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a conceptual nature in a varying thematic area of public international law.

The Delaware State Constitution is the first state constitution drafted by a convention composed of popularly elected representatives, and it is rich with history and tradition. The Delaware Bill of Rights has remained almost exactly the same since 1792, and it has enacted specific provisions whereby its three branches of government operate differently from the federal system. The Delaware State Constitution provides an outstanding constitutional and historical account of the state's basic governing charter. In it, Judge Randy Holland begins with an overview of Delaware's constitutional history. He then provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made over the years. Justice Holland's learned treatment, along with the list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of Delaware's constitution. This second edition includes all amendments to the Delaware Constitution since 2002 and all significant court decisions interpreting any provision in the Delaware Constitution that have been issued since 2002. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

"The Making of a German Constitution" is one of the first books to explore the important place of the theory and practice of private law (civil law) in the transformation of Modern Germany's fin-de-siecle constitutional arrangements.

Reading sources from early nineteenth-century private law scholarship, the book offers a thought-provoking and novel understanding of German political development. The author argues that the German idea of sovereignty grew out of a dual conception of law not only as the product of socio-political transformation, but also as a means to it.

In the short term, a modern social and political system in Germany was attained through non-violent means and the domestic authority of the Kaiser was severely limited by law. However, the exclusive bourgeois socio-political arrangements that were installed in this era led to considerable discontent in German society, particularly with regard to gender and class tensions. The "slow Burgerliche Revolution" thus contributed to the traumatic ruptures that mark German history in the first third of the twentieth century.

The high profile cases of Charlie Gard, Alfie Evans, and Tafida Raqeeb raised the questions as to why the state intrudes into the exercise of parental responsibility concerning the medical treatment of children and why parents may not be permitted to decide what is in the best interests of their child. This book answers these questions. It argues for a reframing of the law concerned with the medical treatment of children to one which better protects the welfare of the individual child, within the context of family relationships recognising the duties which professionals have to care for the child and that the welfare of children is a matter of public interest, protected through the intervention of the state. This book undertakes a rigorous critical analysis of the case law concerned with the provision of medical treatment to children since the first reported cases over forty years ago. It argues that understanding of the cases only as disputes over the best interests of the child, and judicial resolution thereof, fails to recognise professional duties and public responsibilities for the welfare and protection of children that exist alongside parental responsibilities and which justify public, or state, intervention into family life and parental decision-making. Whilst the principles and approach of the court established in the early cases endure, the nature and balance of these responsibilities to children in their care need to be understood in the changing social, legal, and political context in which they are exercised and enforced by the court. The book will be a valuable resource for academics, students, and practitioners of Medical Law, Healthcare Law, Family Law, Social Work, Medicine, Nursing, and Bioethics.

This collection critically explores the use of financial technology (FinTech) and artificial intelligence (AI) in the financial sector and discusses effective regulation and the prevention of crime. Focusing on crypto-assets, InsureTech and the digitisation of financial dispute resolution, the book examines the strategic and ethical aspects of incorporating AI into the financial sector. The volume adopts a comparative legal approach to: critically evaluate the strategic and ethical benefits and challenges of AI in the financial sector; critically analyse the role, values and challenges of FinTech in society; make recommendations on protecting vulnerable customers without restricting financial innovation; and to make recommendations on effective regulation and prevention of crime in these areas. The book will be of interest to teachers and students of banking and financial regulation related modules, researchers in computer science, corporate governance, and business and economics. It will also be a valuable resource for policy makers including government departments, law enforcement agencies, financial regulatory agencies, people employed within the financial services sector, and professional services such as law, and technology.

How a series of violent Amish-on-Amish attacks shattered the peace of a peace-loving people and led to a new interpretation of the federal hate crime law. On the night of September 6, 2011, terror called at the Amish home of the Millers. Answering a late-night knock from what appeared to be an Amish neighbor, Mrs. Miller opened the door to her five estranged adult sons, a daughter, and their spouses. It wasn't a friendly visit. Within moments, the men, wearing headlamps, had pulled their frightened father out of bed, pinned him into a chair, and-ignoring his tearful protests-sheared his hair and beard, leaving him razor-burned and dripping with blood. The women then turned on Mrs. Miller, yanking her prayer cap from her head and shredding it before cutting off her waist-long hair. About twenty minutes later, the attackers fled into the darkness, taking their parents' hair as a trophy. Four similar beard-cutting attacks followed, disfiguring nine victims and generating a tsunami of media coverage. While pundits and late-night talk shows made light of the attacks and poked fun at the Amish way of life, FBI investigators gathered evidence about troubling activities in a maverick Amish community near Bergholz, Ohio-and the volatile behavior of its leader, Bishop Samuel Mullet. Ten men and six women from the Bergholz community were arrested and found guilty a year later of 87 felony charges involving conspiracy, lying, and obstructing justice. In a precedent-setting decision, all of the defendants, including Bishop Mullet and his two ministers, were convicted of federal hate crimes. It was the first time since the 2009 passage of the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act that assailants had been found guilty for religiously motivated hate crimes within the same faith community. Renegade Amish goes behind the scenes to tell the full story of the Bergholz barbers: the attacks, the investigation, the trial, and the aftermath. In a riveting narrative reminiscent of a true crime classic, scholar Donald B. Kraybill weaves a dark and troubling story in which a series of violent Amish-on-Amish attacks shattered the peace of these traditionally nonviolent people, compelling some of them to install locks on their doors and arm themselves with pepper spray. The country's foremost authority on Amish society, Kraybill spent six months assisting federal prosecutors with the case against the Bergholz defendants and served as an expert witness during the trial. Informed by trial transcripts and his interviews of ex-Bergholz Amish, relatives of Bishop Mullet, victims of the attacks, Amish leaders, and the jury foreman, Renegade Amish delves into the factors that transformed the Bergholz Amish from a typical Amish community into one embracing revenge and retaliation. Kraybill gives voice to the terror and pain experienced by the victims, along with the deep shame that accompanied their disfigurement-a factor that figured prominently in the decision to apply the federal hate crime law. Built on Kraybill's deep knowledge of Amish life and his contacts within many Amish communities, Renegade Amish highlights one of the strangest and most publicized sagas in contemporary Amish history.

The U.S. Supreme Court is as important as ever in the lives of Americans. Contrary to the image-enhancing claims of independence that many of its members claim, however, the Court's current supermajority has transformed it into a powerful political institution that wages ideological war meant to return the nation to a previous period, at the same time denying rights to millions. The "Stench" of Politics: Polarization and Worldview on the Supreme Court opens a window into the Supreme Court that helps us to understand the institution and its rulings. At the heart of this analysis is worldview, a phenomenon that every person, including Supreme Court justices, possesses. Whether someone's worldview is "fixed" or "fluid" affects who they are, what they believe and what they do. In addition, interpreting the Constitution as an "originalist" or "living constitutionalist" often dictates case outcomes. By applying these and other constructs to the Supreme Court, the book reveals how the once-revered institution has evolved into one whose majority not only has neglected its commitment to the inscription on its own building, "Equal Justice Under Law," but is also determined to remake both the law and the nation.

The aim of this book is to assess recent developments in international law seeking to bring an end to impunity by bringing to justice those accused of war crimes and crimes against humanity. The book was originally conceived while the editors were engaged, in different capacities, in proceedings relating to the detention of Senator Pinochet in London. The vigorous public debate that attended that case - and related developments in international criminal justice, such as the creation of the International Criminal Court and the trial of former President Milosevic - demonstrate the close connections between the law and wider political or moral questions. In the field of international criminal justice there appeared, therefore, a clear need to distinguish legal from essentially political issues - promoting the application of the law in an impartial and apolitical manner - while at the same time enabling each to legitimately inform the development of the other. The essays in this volume, written by internationally recognised legal experts: scholars, practitioners, judges - explore a wide range of subjects, including immunities, justice in international and mixed courts, justice in national courts, and in a particularly practical section, perspectives offered by experienced practitioners in the field. "This is a welcome collection of papers on criminal justice both at the international and the national level...a book which fills many gaps and adds considerable value by discussing wider policy and moral issues; it is to be recommended to all who are interested in the development of international criminal justice." Elizabeth Wilmshurst, International Affairs

This book examines theories of language for their contribution to understanding the interpretation of constitutional law by the Supreme Court.

This book provides a comprehensive analysis of the impact of populism on the European democratic polity. In the last two decades, European democracies have come under strain amid growing populism. By asserting the superiority of the majority over the law, of direct democracy over representation, and claiming the necessity to defend national sovereignty against foreign interferences, the populist conception of democracy is in stark contrast with the longstanding Western notion of liberal democracy. This volume investigates populist attempts to radically change what Bobbio called the "rules of the game" of democracy from an eminently legal perspective. Weaving together normative and empirical analysis, the contributions focus on the institutions that have suffered the most from the rise of populism as well as those that have better resisted the populist tide. Special attention will be paid to the Venice Commission's opinions and documents, as they represent the best European standards to evaluate the extent to which populism deviates from constitutional democracy requirements. The book also considers the responses of European States to the explosion of the COVID-19 pandemic. The COVID-19 pandemic has indeed been an accelerator of known and studied trends in most constitutional systems, such as the concentration of powers in the executive hands and the consequential loss of parliament's centrality. Various forms of populism across Europe have thus found an ideal breeding ground to implement their agenda of granting the executive broad regulatory and decision-making powers while loosening parliamentary and judicial checks. Against this backdrop, the book analyses how European democracies should adapt to the challenges posed by the pandemic, as this reflection can help respond to populist threats and propose a way forward for liberal democracy.

When he passed away in July 1999, Federica Mancini had served for seventeen years at the Court of Justice of the European Communities, first as an Advocate General and then as a Judge. As such, he participated in some of the most important judicial developments in European Community law to date and witnessed the transformation of the Community into a monetary and, to a certain extent, political union. Throughout this time, he also contributed widely to academic debates and literature on the role of the Court in the process of European integration, the changing nature of the European Union and on specific areas of law such as the protection of fundamental rights and labor law. This collection of essays brings together his most important writings in English, which concentrate largely on the issues of democracy, constitutionalism and individual rights in the European Union. The book presents the unique perspective of someone who witnessed the birth of European integration, contributed to

This Handbook uses a thematic and interdisciplinary approach to discuss and analyse the various governance structures of the EU, focusing in particular on how these are administered. Key chapters, written by leading experts across the field, engage with important ongoing debates in the field of EU administrative law, focusing on areas of topical interest such as financial markets, the growing security state and problematic common asylum procedures. In doing so, they provide a summary of what we know, don't know and ought to know about EU administrative law. Examining the control functions of administrative law and the machinery for accountability, this Research Handbook eloquently challenges areas of authoritarian governance, such as the Eurozone and security state, where control and accountability are weak and tackles the seemingly insoluble question of citizen 'voice' and access to policy making. Practical and engaging, this timely Research Handbook is sure to appeal to scholars and researchers of EU administrative law and EU law more broadly. Legal practitioners and EU policy makers will also benefit from its high level of engagement with contemporary deliberations. Contributors include: V. Abazi, M. Baran, T.A. Boerzel, K. Bradley, A. Brenninkmeijer, E. Chiti, D. Curtin, H. Darbishire, M. de Visser, G. della Cananea, M. Everson, J. Grimheden, E. Guild, C. Harlow, E.G. Heidbreder, H. Hofmann, C. Joerges, M. Kjaerum, P. Leino, L. Leppavirta, I. Maher, J. Mendes, L. Muzi, N. Poltorak, T. Raunio, R. Rawlings, M. Ruffert, J.-P. Schneider, C. Scott, G. Toggenburg

With an introduction that traces the long constitutional history of Florida, Talbot D'Alemberte provides a thorough understanding of Florida's state constitutional history. He includes an in-depth, article-by-article analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography, provides an unsurpassed reference guide for students, scholars, and practitioners of Florida's constitution. This second edition provides analysis of Florida's State Constitution with updated commentary focusing on the many court decisions rendered since the 1990s, summarizing the state's current jurisprudence and the increasing use of Florida's many methods of Constitution Amendment, including initiative, Legislative, Constitution Revision Commission and Tax and Budget Reform Commission adopted proposals. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

The global distribution of power is changing. But how should we make sense of this moment of transition? With the rise of new powers and the decline of seemingly unchallenged US dominance in world politics, a conventional wisdom is gaining ground that a new multipolar order is taking shape. Yet multipolarity - an order with multiple centres of power - is variously used as a description of the current distribution of power, of the likely shape of a future global order, or even as a prescription for how power 'should' be distributed in the international system. To understand the power of the different - and sometimes competing - narratives on offer today about the changing global order, a global perspective is necessary. This book explores how the concept of a multipolar order is being used for different purposes in different national contexts. From rising powers to established powers, contemporary debates are analysed by a set of leading scholars to provide in-depth insight into the use and abuse of a widely employed but rarely explored concept. -- .