The "imagined community" of the nation,which served as the affective basis for the post-French Revolution social contract, as well as its institutional counter-part, the welfare state, are currently under great stress as states lose control over what once was referred to as the "national economy" In this book a number of authors - historians, legal scholars, political theorists - consider the fate of national democracy in the age of globalization. In particular, the authors ask whether the order of European nation-states, with its emphasis on substantive democracy, is now, in the guise of the European Union, giving way to a more loosely constructed, often federalized system of procedural republics (partly constructed in the image of the United States). Is national parliamentary democracy being replaced by a politico-legal culture, where citizen action increasingly takes place in a transnational legal domain at the expense of traditional (and national) party politics? Is the notion of a nationally-bound citizen in the process of being superceded by a cosmopolitan legal subject?

Title 26 presents regulations, procedures, and practices that govern income tax, estate and gift taxes, employment taxes, and miscellaneous excise taxes as set forth by the Internal Revenue Service. Additions and revisions to this section of the code are posted annually by April. Publication follows within six months.

This book offers a comprehensive systematic analysis of the European Union's Early Warning System (EWS) for subsidiarity, which was introduced by the Treaty of Lisbon. The book includes both a detailed theoretical analysis of the EWS as well as an assessment of how national parliaments have responded to EU legislative proposals under the system. Philipp Kiiver explores whether the EWS could function as a mechanism of legal accountability offering a partial remedy to the European Union's much-discussed accountability deficit. The Early Warning System for the Principle of Subsidiarity provides an overview of the historical developments of national parliamentary involvement in the EU and also considers the broader implications of the EWS, including its relationship to democracy and legitimacy. The book will be of particular interest to academics and students of EU Law, Constitutional Law and Political Science.

The Constitution is the cornerstone of American government, hailed as one of the greatest contributions of the Western Enlightenment. While many seem content simply to celebrate it, those most familiar with the document invariably find it wanting in at least some aspects.

This unique volume brings together many of the country's most esteemed constitutional commentators and invites them to answer two questions: First, what is the stupidest provision of the Constitution? "Stupid" need not mean evil. Thus, a second, related question is whether the scholar-interpreter would be forced to reach truly evil results even if applying his or her own favored theory of constitutional interpretation.

The contributors include Lawrence Alexander, Akhil Reed Amar, Jack Balkin, Philip Bobbitt, Gerard Bradley, Rebecca Brown, Steven Calabresi, Lief Carter, Christopher Eisgruber, Lawrence Sager, Marie Failinger, Daniel Farber, James Fleming, Mark Graber, Stephen Griffin, Gary Jacobsohn, Randall Kennedy, Lewis LaRue, Theodore Lowi, Earl Maltz, Michael McConnell, Matthew Michael, Robert Nagel, Daniel Ortiz, Pamela Karlen, Michael Paulsen, Robert Post, Lucas Powe, Dorothy Roberts, Jeffrey Rosen, Frederick Schauer, Michael Seidman, Suzanna Sherry, David Strauss, Laurence Tribe, Mark Tushnet, and John Yoo.

This timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. Each chapter offers in-depth analysis of a number of key policy areas such as food safety, accounting, telecommunications and medical devices. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons. Demonstrating how standards enter the European legal system in a variety of ways, the book studies their relevance for public and private law alike. While the trade advantages of using standards in regulation are undeniable, the contributors elucidate how standard-setting processes have departed from the purely private realm to enter the stage of public regulation. This inevitably raises the issue of whether standardisation is supported by sufficient legitimacy guarantees. The contributions provide valuable insights to answering this question, highlighting cross-cutting reflections on the topic, and case studies on specific policy areas. This analytical book will be of interest to students and scholars researching in the fields of EU and global standardisation, EU law and trade law. It will also be a useful resource for practitioners focusing on regulation and standardisation. Contributors include: D. Bevilacqua, M. Cantero Gamito, C. Cauffman, P. Cuccuru, M. De Bellis, M. Eliantonio, M. Faure, M. Gerardy, C. Glinski, N. Philipsen, S. Roettger-Wirtz, P. Rott, S. Schoenmaekers, L. Senden, B. Van Leeuwen, A. Volpato

Judicial Interpretation of Tax Treaties is a detailed, comprehensive analytical guide to the interpretation of tax treaties at the national level. The book focuses on how domestic courts interpret and apply the OECD Commentary to the OECD Model Tax Convention on Income and on Capital. Adopting a global perspective, the book gives a systematic presentation of the main interpretive proposals put forward by the OECD Commentary, and analyses selected cases decided in domestic tax systems in order to assess whether and how such solutions are adopted through national judicial process, and indeed which of these are of most practical value. The book operates on two levels: Firstly it sets out a clear and comprehensive framework of tax treaty law, which will be an important tool for any tax practitioner. Secondly, the book provides crucial guidance on issues of tax treaty law as applied at domestic level, such as investment or business income, dispute resolution and administrative cooperation. Key features: - A detailed and structured introduction to the main issues of tax treaties - Ideal for practitioners requiring a grounding in the functioning of tax treaty law - Concise summaries of the relevant issues, cases, and problems for each discrete chapter - Offers a basic 'globalized' handbook that is missing in the current literature about judicial application of tax treaties. This comprehensive treatment of tax treaty law is a ready reference for tax practitioners, and an essential introduction for non-specialists. The book can also be used as a companion to courses in international taxation.

This edited volume in American constitutionalism places the Supreme Court's declaration of same-sex marriage rights in U.S. v. Windsor (2013) and Obergefell v. Hodges (2015) within the context of the Court's developing understanding of the legal and social status of marriage and the family. Leading scholars in the fields of political science, law, and religion examine the roots of the Court's affirmation of same-sex rights in a number of areas related to marriage and the family including the right to marry, equality and happiness in marriage, the right to privacy, freedom of association, property rights, parental power, and reproductive rights. Taken together, these essays evaluate the extent to which the Court's recent marriage rulings both break with and derive from the competing principles of American Constitutionalism.

The acquisition of increased powers by the European Parliament has raised the spectre of a "competition legislature" for national parliaments, and even the threat of a democratic deficit at the national level. At this moment, the author of this book suggests, it is vital to recognize and reinforce the ways in which the institutions of the European Union are politically accountable to member States. In this analysis of the participation by domestic legislatures in policy-making and legislative processes at the European level, Adam Jan Cygan focuses on the evolving means by which the legislatures of Germany and the United Kingdom are responding to the increased competence of the European Union. This technique allows him to highlight such factors as: the procedures of European scrutiny committees in the United Kingdom Houses of Parliament and the German Bundestag; the accountability of national ministers for decisions taken in the European Council of Ministers; the role of sub-national governments, as revealed in both the formal federal system of Germany and the devolved administrations of the United Kingdom, in European affairs; and the continuing impact of Treaty provisions and informal co-operation between member States. This text demonstrates that, contrary to some prevailing beliefs, national parliaments are not necessarily destined to become mere administrative institutions. In fact, the national initiatives and procedures analyzed here reveal a firm commitment to compel the attention of the European Commission and the European Parliament toward national and even sub-national accountability. However, as in all political matters, vigilance and tenacity are necessary to prevent erosion of democracy and national legislative competence. This book aims to enable all interested parties legislators, policy-makers, government officials at all levels, academics, and others to proceed knowledgeably and confidently in this important area.

This revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world, including those in Europe, South Africa, China, Colombia, India and Brazil. This book provides an introduction to theories of equality and sources of equality law, and examines inequality and discrimination based on gender, race, ethnicity, sexual orientation and identity, religion and disability. Key features: Extensive chapter notes add critical context to areas of developing law Analysis of a range of sources: each chapter includes case law, treaty law, statutory law, regulatory law and legal scholarship A comparative problem-based approach, using concrete issues of inequality and discrimination to help students focus on real world concerns Examination of key contested topics such as marriage inequality, the rights of persons with disabilities, affirmative action, reproductive rights, employment discrimination and hate speech A supplementary online course with additional content and guidance for both students and instructors is available through Stanford Law School. Written in a thorough yet accessible style and with contributions from leading international legal scholars, this casebook is ideal for lecture courses, seminars and summer programs in equality and anti-discrimination in law schools, as well as undergraduate courses in law, political science and sociology. Contributors include: D. Allen, P.L. Cherian, D. Collier, J. Damamme, T. Degener, R. Ford, S. Foster, S. Han, K. Loper, S. Misra, D.B. Oppenheimer, M.-C. Pauwels, S. Robin-Olivier, B. Wang, W. Zhou

As in all periods of swift economic development and political upheaval, our era of globalization has brought corruption and conflicts of interest into the spotlight. This comprehensive study highlights the difficulties of devising global legislative and judicial responses to these issues.The papers gathered in this volume demonstrate how global regulations tend to meet strong cultural resistance, in particular when dealing with the more subtle patterns of conflicts of interest. It is a notion that is far from successfully regulated in every country or addressed in compatible ways. In fact, the comparisons offered demonstrate that even international organizations such as the European Union have failed to fully consolidate their systems for mitigating their own risks of corruption and conflicts of interest. Providing a comprehensive study of the phenomenon of corruption and conflicts of interest from a comparative perspective, this book will prove vital for academics, NGOs and practitioners. Contributors: S.A. Aaronson, M.R. Abouharb, J.-B. Auby, M. Benedetti, E. Breen, E. Chiti, E. D'Alterio, H. Delzangles, L. Folliot-Lalliot, D. Gordon, G. Houillon, P. Lascoumes, Y. Marique, B.G. Mattarella, R.E. Messick, C. Moser, T. Paris, T. Perroud, C. Rose, S. Rose-Ackerman, P. Szarek Mason, C. Tansug, S. White

This book offers a novel contribution to the study of post-Cold War European defence. Interdisciplinary in approach, it uses the insights of EU law to assess the utility of existing theoretical accounts of European defence cooperation.Dyson and Konstadinides link legal and IR scholarship to undertake a detailed exploration of the structural factors which facilitate and hinder closer cooperation in the field of defence. Exploring the explanatory power of Neorealism, they focus on the balance of threat as a driver of the European Common Security and Defence Policy (CSDP). This book critiques the assumption inherent in governance accounts of CSDP that a transition from the 'sovereign' to the 'functional' will be possible in this policy area.European Defence Cooperation in EU Law and IR Theory sheds new light on the factors underpinning the development of the CSDP and the potential for more extensive cooperation in trans-Atlantic relations. The capacity of legal analysis to provide important empirical insight and of international relations theory to enrich legal scholarship by contextualizing it within its political context, makes this book of great relevance to scholars from both disciplines.

The practice of armed conflict has changed radically in the last decade. With eminent contributors from legal, government and military backgrounds, this Research Handbook addresses the legal implications of remote warfare and its significance for combatants, civilians, policymakers and international lawyers. Primarily focused on the legality of all forms of remote warfare, including targeted killings by drone, cyber-attacks, and autonomous weapons, each chapter gives a compelling insight beyond the standard and reactionary criticisms of these technologies. Current assumptions of remote warfare are challenged and discussed from a variety of international perspectives. These include governing the use of force, humanitarian law, criminal law, and human rights law. Contributors consider the essential features of current warfare regulations, and test their strength for controlling these new technologies. Suggestions are made for the future development of law to control the limits of modern remote warfare, with a particular focus on the possibility of autonomous weapons. This is an essential read for academics and students of jus ad bellum, international humanitarian law, criminal law and human rights. Students of political science, governance and military studies will also find this a thought-provoking insight into modern warfare techniques and the complex legal issues they create. Contributors include: W. Banks, G. Corn, E. Crawford, A. Cullen, L. Davies-Bright, G. Gaggioli, R. Geiss, T.D. Gill, R. Heinsch, I.S. Henderson, P. Keane, M. Klamberg, H. Lahmann, J. Liddy, P. Margulies, M.W. Meier, J.D. Ohlin, M. Roorda, J. van Haaster, N. White

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.

This book reviews and analyzes the innovative measures introduced, lessons learned and problems encountered by selected and representative provinces, cities and counties with regard to the openness of local government affairs. To do so, it focuses on fields that are closely related to economic and social development and to the vital interests of the people, and which have thus aroused great social concerns, such as the pre-disclosure of major decision-making, policy interpretation, optimization of the business environment, and education. In turn, the book addresses standardization concerning the openness of government affairs; in this regard, numerous departments under the State Council and local governments at various levels have already engaged in pilot work, so as to provide a basis for pursuing the openness of government affairs throughout the country. The book subsequently analyzes current problems in this regard, considers the future prospects, and puts forward suitable solutions.

The United States Constitution provides in Article II, Section 4 that the President and other civil officers of the federal government are subject to removal from office upon impeachment by the House of Representatives and conviction by the Senate of treason, bribery and "other high Crimes and Misdemeanors." However, no authoritative definition of "high crimes and misdemeanors" was provided by the Framers either in the Constitution itself or in the debates at the constitutional convention. As a consequence, the meaning of "high crimes and misdemeanors" has been a subject of controversy beginning with the first impeachment and trial of Judge John Pickering in 1804 and continuing through the impeachment of President William Jefferson Clinton. The study seeks to discern the meaning of "high crimes and misdemeanors" not only from the record of the constitutional convention and the state ratifying conventions, together with history of British parliamentary impeachments and the experience of the American colonies and states which informed the Framers' adoption of "high crimes and misdemeanors" as grounds for removal of the President, but also from the circumstances that resulted in the impeachments of Presidents Andrew Johnson, Richard M. Nixon and Clinton, as Congress labored to give substance to the "high crimes and misdemeanors" standard.

A path-breaking and masterly study of Louisiana slave law, this fascinating study offers an examination of the complex French, Spanish, Roman and American heritage of Louisiana's law of slavery and its codification, a profile of the first effort in modern history to integrate slavery into a European-style civil code, the 1808 Digest of Orleans, a trailblazing study of the unwritten laws of slavery and the legal impact of customs and practices developing outside of the Codes, an analysis that overturns the previous scholarly view that Roman law was the model for the Code Noir of 1685, a new unabridged translation (by Palmer) of the Code Noir of 1724 with the original French text on facing pages.
"A very useful addition to the growing literature on the law of slavery, this book is particularly important in helping understand the complexity of the Louisiana Code Noir and its impact on American slave law. Palmer's discussion of how the Code came to be written will surprise and educate those who read this book. "
--Paul Finkelman, John Hope Franklin Visiting Professor of American Legal History Duke University School of Law and President William McKinley Distinguished Professor of Law, Albany Law School
"When it comes to demystifying slave law in Louisiana, Vernon Palmer is practically peerless. It's probably because he is equally comfortable in the weeds of lived experience as he is poring over the pages of classical learning. These masterful essays on the Code Noir's origins, plus Louisiana's 150-year interplay between custom and legal practice, belong on the shelf of anyone with the faintest curiosity about human bondage and the laws fashioned to make it work."
--Lawrence N. Powell, Professor Emeritus, Department of History, Tulane University
"Slavery remains a current social and political problem, and Vernon Palmer s brilliant work illuminates its history, showing its legal and social complexity through a study primarily of Louisiana, where slavery was included in the first civil codes. Beautifully written, humane and insightful, this monograph will promote reflection on the fascinating legal history of Louisiana as well as on the famous Tannenbaum thesis."
--John W. Cairns, FRSE, Chair of Legal History, University of Edinburgh
"Palmer has written a path-breaking and splendid account of how Louisianians, newly under American rule, wrote the first modern codes that incorporated slavery in a systematic way into their civil law. Until now, ignored by scholars, these codifications moved slavery from the edges of the legal system to the very center stage in Louisiana courtrooms. The redactors of these codes implanted provisions about slavery into the law of persons, property, successions, sales and prescription, producing a unique Atlantic World slave law of incomparable richness and complexity unseen in other legal systems."
--Judith Kelleher Schafer author of Slavery, the Civil Law and the Supreme Court of Louisiana and Becoming Free, Remaining Free: Manumission and Enslavement in New Orleans, 1846-1862

Commonwealth Caribbean Administrative Law comprehensively explores the nature and function of administrative law in contemporary Caribbean society. It considers the administrative machinery of Caribbean States; Parliament, the Executive and the Judiciary. It then examines the basis for judicial review of executive and administrative action in the Caribbean by looking at the statutory provisions that underpin this and the plethora of case law emerging from the region. The book will also look to how the courts in the Commonwealth Caribbean have sought to define principles of administrative law. This book will also consider the alternative methods by which the rights of citizens are protected, including the use of tribunals and inquiries, as well as looking forward to the increasingly significant role of Caribbean Community law and bodies such as CARICOM and the OECS.

Since the early 1900s, the manager form of municipal government has had enthusiastic support. Today, it is one of the most popular forms of municipal government and brought greater efficiency and accountability to municipal operations. However, as Coppa makes clear, this wave of reform has not fully impacted the counties. The commission form, widely criticized for its lack of accountability, remains the most popular form of county government. Coppa suggests greater accountability and efficiency can be achieved if the commission form is replaced with the Union plan and existing county administrators are given greater executive power. The manager plan in Union County can serve as a model for counties without an elected executive, much the same way the Lakewood plan in California symbolizes county and municipal cooperation.

Although Coppa provides a guide to efficient and accountable county government, the book goes beyond its subtitle. It treats neglected topics, such as the legal status of counties, forms of county government, row officers, autonomous bodies, and the central role played by counties in reapportionment litigation. Supreme Court cases involving counties and critical issues such as free speech, elections, tax immunity, and the commerce clause are analyzed. Major issues such as the battle over ratables, revenue limits, and declining population are explored as well. Coppa examines the most critical issues faced by counties today--such as mandated expenditures--and raises the possibility of a constitutional amendment to treat unfunded federal mandates. Coppa recommends creative programs as well as an agenda for achieving efficient and accountable county government. To this end, he examines charter revision and the noncharter route as approaches to achieving economical and responsible county government. This work is an important analysis for students, scholars, researchers, and policy makers involved with local and state government issues.

For the time being, the political project of basing the European Union on a document entitled 'Constitution' has failed. The second, revised and enlarged edition of this volume retains its title nonetheless. Building on a scholarly rather than black-letter law account, it shows European constitutional law as it looks following the Treaty of Lisbon, with the EU's foundational treaties mandating the exercise of public authority, establishing a hierarchy of norms and legitimising legal acts, providing for citizenship, and granting fundamental rights. In this way the treaties shape the relations between legal orders, between public interest regulation and market economy, and between law and politics. The contributions demonstrate in detail how a constitutional approach furthers understanding of the core issues of EU law, how it offers theoretical and doctrinal insights, and how it adds critical perspective. From Reviews of the First Edition: "...should be mandatory reading for anyone who wants to get a holistic perspective of the academic debate on Europe's constitutional foundations...It is impossible to present the richness of thought contained in the 833 pages of the book in a short review. " Common Market Law Review "an enduring scholarly work, which gives an English-speaking audience important, and overdue, access to the long-standing and forever-vigorous traditions of (European) constitutional law...unhesitatingly recommend[ed]." European Law Journal "...real scholarship in the profound sense of the word..." K Lenaerts, Professor of European Law, Leuven

First published in 1989, Michael's Foley's book deals with the 'abeyances' present in both written and unwritten constitutions, arguing that these gaps in the explicitness of a constitution, and the various ways they are preserved, provide the means by which constitutional conflict is continually postponed. Abeyances are valuable, therefore, not in spite of their obscurity, but because of it. The author illustrates his point with analyses of constitutional crises from both sides of the Atlantic. He examines the period leading up to the English civil war in the seventeenth century, and the 'imperial presidency' episode under Richard Nixon in the late 1960s and 1970s in the USA. In both cases there was no constitutionally correct solution available but, as the author demonstrates, the political skill of the participants in their use of constitutional devices allowed the anomalies of the American system to survive in a way that contrasted markedly with the plight of Charles I and the Stuart constitution. This reissue of a landmark study will be welcomed by all those interested in the interpretation and construction of constitutional law.

Though the courts have been extremely active in interpreting the rules of the electoral game, this role is misunderstood and understudied-as, in many cases, are the rules themselves. Law and Election Politics illustrates how election laws and electoral politics are intertwined, analyzing the rules of the game and some of the most important-and most controversial-decisions the courts have made on a variety of election-related subjects. More than a typical law book that summarizes cases, Mathew Streb has assembled an outstanding group of scholars to place electoral laws and the courts' rulings on those laws in the context of electoral politics. They comprehensively cover the range of topics important to election law-campaign finance, political parties, campaigning, redistricting, judicial elections, the Internet, voting machines, voter identification, ballot access, and direct democracy. This is an essential resource both for students of the electoral process and scholars of election law and election reform.

This book provides a conceptual and legal analysis of one of the most important challenges facing international organizations today: their exercise of sovereign powers. The book examines the exercise of sovereign powers by organizations such as the United Nations, the World Trade Organization, and the European Union. It makes a significant contribution to the content of the law that governs both the exercise of sovereign powers by international organizations and the relationships between organizations and their Member States. The book also tackles the fundamental question of what values should constrain international organizations in their exercise of sovereign powers. These sovereign powers have been conferred on international organizations by States and may include the full range of executive, legislative, and judicial powers. Sarooshi develops an innovative three-tiered typology of conferrals which ranges from agency relationships, to delegations of powers, to full transfers of powers. These categories prove useful in answering a number of legal issues that arise out of the relationships between international organizations and their Member States. These include: When an international organization exercises conferred powers, does it do so on its own behalf or on behalf of the State? Whose legal relations are changed by the exercise of powers: the State's or the organization's? In the case where the State has retained the right to exercise powers it has conferred on an organization, whose interpretation of the powers will prevail in the case of a conflict that arises from the concurrent exercise of powers? What fiduciary duties are owed by the organization and Member States towards each other? And who is responsible for breaches of international law that may occur as a result of the organization's exercise of conferred powers: the State or the organization or both? These issues lead on to a consideration in the book of the measures available to a State under international law when it wants to try and change the way that an organization is exercising conferred powers.

In a time when American politics has become a spectator sport often viewed with a cynical eye by the people, it is needful to be reminded that our freedom entails a civic responsibility to preserve the legal document that gives us that freedom, the United States Constitution. The Constitution is a contract to which all citizens are parties and upon which they have a right to rely. The people have as well the right to protect themselves from interpretations that go unreasonably beyond the original intent of the Framers. It is clear that in the past the Constitution has been abused to justify decisions made by the legislative and judicial branches of government (as in the Dred Scott case) that have since been overturned. Decisions that extend the powers of the federal government beyond the expressly stated limits declared in the Constitution continue to occur today and remain subjects of intensely debated contention. This book gives detailed examples of where Congress and the Supreme Court have gone outside the peoples mutual contract and have, in effect, amended the Constitution. The last chapter outlines a procedure by which citizens, voting directly, can overrule or repeal amendments made by elements of their government.