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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General
"In short, we have a first-rate study of an important
constitutional symbol of disunion." --Donald Roper, American
Journal of Legal History 26 (1982) 255. Finkelman describes the
judicial turmoil that ensued when slaves were taken into free
states and the resultant issues of comity, conflict of laws,
interstate cooperation, Constitutional obligations, and the
nationalization of slavery. "Other scholars have defined the
antebellum constitutional crisis largely in terms of the extension
of slavery to the territories and the return of fugitive slaves.
Finkelman's study demonstrates that the comity problem was also an
important dimension of intersectional tension. It is a worthy
addition to the growing literature of slavery." -- James W. Ely,
Jr., California Law Review 69 (1981) 1755. Paul Finkelman is the
President William McKinley Distinguished Professor of Law and
Public Policy and Senior Fellow, Government Law Center, Albany Law
School. He is the author of more than 200 scholarly articles and
more than 35 books including A March of Liberty: A Constitutional
History of the United States, with Melvin I. Urofsky (2011),
Slavery, Race and the American Legal System, 1700-1872 (editor)
(1988) and Slavery in the Courtroom (1985).
Analyzes the history of enslaved African Americans' relationship
with the criminal courts of the Old Dominion during a 160-year
period. Schwarz's study is based on more than 4,000 trials from the
colonial, early national, and antebellum periods. This book
provides a fascinating portrayal of slave culture and slave
resistance to white Society, not only as a means of resistance
against oppression, but also as a means of individual empowerment.
This open access book explains why a democratic reckoning will
start when European societies win the fight against COVID-19. Have
democracies successfully mastered the challenges of the pandemic?
How has the coronavirus impacted democratic principles, processes
and values? At the heels of the worst public health crisis in
living memory, this book shines an unforgiving light on the
side-lining of parliaments, the ruling by governmental decrees and
the disenfranchisement of the people in the name of fighting
COVID-19. Pandemocracy in Europe situates the dramatic impact of
COVID-19, and the fight against the virus, on Europe's democracies.
Throughout its 17 contributions the book sets the theoretical stage
and answers the democratic questions engaged by health emergencies.
Seven national case studies - UK, Germany, Italy, Sweden, Hungary,
Switzerland, and France - show, each time with a pronounced focus
on a particular element of democracy, how different states reacted
to the pandemic. The book also shifts the analytical gaze beyond
the nation state towards international settings, looking at the
effects on the European Union and considering the impact on
populist movements. Bridging disciplines and uniting a stellar cast
of scholars on democracy, rule of law and constitutionalism, the
book provides contours and nuances to a year of debates in
political science, international relations and law on the impact of
the virus on democracies. In times of uncertainty, Pandemocracy in
Europe provides analysis and answers to the democratic challenges
of the coronavirus. The ebook editions of this book are available
under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.
Governments must continuously update policies, laws, and
legislation as the world continues to rapidly evolve due to
technologies and changing cultural perspectives. To streamline
policy creation and implementation, governments seek new and
efficient methods to ensure their citizens' and communities' safety
while also encouraging citizen participation. Advanced
Methodologies and Technologies in Government and Society provides
research on emerging methodologies in effective governing including
sections on public sector management and socioeconomic development.
While highlighting the challenges facing government officials and
law enforcement such as crisis response and natural disaster
management, this book shows how technology use can make those areas
of government more efficient and improve preventative measures.
This book is an ideal resource for law enforcement, government
officials and agencies, policymakers, public servants, citizen
activists, researchers, and political leaders seeking cutting-edge
information to strengthen their government's relationship with
society and their constituents while also strengthening their
policy measures through new technology and methods.
This book examines the problem of constitutional change in times of
crisis. Divided into five main parts, it both explores and
interrogates how public law manages change in periods of
extraordinary pressure on the constitution. In Part I, "Emergency,
Exception and Normalcy," the contributors discuss the practices and
methods that could be used to help legitimize the use of emergency
powers without compromising the constitutional principles that were
created during a period of normalcy. In Part II, "Terrorism and
Warfare," the contributors assess how constitutions are interpreted
during times of war, focusing on the tension between individual
rights and safety. Part III, "Public Health, Financial and Economic
Crises," considers how constitutions change in response to crises
that are neither political in the conventional sense nor violent,
which also complicates how we evaluate constitutional resilience in
times of stress. Part IV, "Constitutionalism for Divided
Societies," then investigates the pressure on constitutions
designed to govern diverse, multi-national populations, and how
constitutional structures can facilitate stability and balance in
these states. Part V, titled "Constitution-Making and
Constitutional Change," highlights how constitutions are
transformed or created anew during periods of tension. The book
concludes with a rich contextual discussion of the pressing
challenges facing constitutions in moments of extreme pressure.
Chapter "Public Health Emergencies and Constitutionalism Before
COVID-19: Between the National and the International" is available
open access under a Creative Commons Attribution 4.0 International
License via link.springer.com.
With a new introduction by Ronan Deazley, Professor of Law,
University of Glasgow. First Edition of "A Standard Book on the Law
of Copyright" Reprint of the first edition. "A standard book on the
law of copyright was published by W.A. Copinger 1847-1910] in 1870.
It deals very fully with the history and the statute law as to
literary copyright; as to Crown and university and college
copyright; as to musical, dramatic, and artistic copyright, and
copyright in designs; as to international copyright and copyright
in foreign countries; and as to agreements between authors and
publishers. The merits of the book are proved by the fact that is
reached a ninth edition in 1958." --William S. Holdsworth, History
of English Law XV 299-300 WALTER ARTHUR COPINGER 1847-1910] was a
barrister-at-law of the Middle Temple.
Roman Law's Influence on Public Law and the State This collection
of eleven distinguished essays explores the revival of Roman law
and its subsequent influence on the development of public law and
early modern theories of the state. "This very fine book deserves
to be judged as something more than a mere collection of scattered
essays. There is an impressive unity of thought and argument
running through all the various studies, and together they form a
coherent and extremely valuable contribution to a recent movement
of thought that has been reshaping our understanding of the
principles on which medieval government was based."--Brian Tierney,
Harvard Law Review 78 (1964-1965):1502 GAINES POST 1902-1987]
received an M.A. in 1925 and Ph.D. in 1931 at Harvard University.
He researched medieval history and culture at the Ecole de Chartres
in France from 1927-1928 and also conducted research in Italy,
Germany, and England. Post was a member of the Department of
History at the University of Wisconsin, Madison, from 1935 to 1941,
a lecturer at the Riccoboro Seminar in 1947, and a lecturer at the
Medieval Institute at the University of Notre Dame. Some of his
many accomplishments include a Fulbright research award to France
in 1951-1952, two Guggenheim Fellowships (1939-1940 and 1955-1956)
and an honorary fellowship in the American Society for Legal
History. While an instructor at Princeton University from 1959-1960
he was the chairman of the Institute of Research and Study in
Medieval Canon Law. In 1954 he accepted a faculty position at
Princeton University, where he remained until his retirement in
1970.
House of Lords reform is often characterised as unfinished
business: a riddle that has been left unanswered since 1911. But
rarely can an unanswered riddle have had so many answers offered,
even though few have been accepted; indeed, when Viscount Cave was
invited in the mid-1920s to lead a Cabinet committee on Lords
reform, he complained of finding 'the ground covered by an
embarrassing mass of proposals'.That embarrassing mass increased
throughout the twentieth century. Much ink has been spilled on what
should be done with the upper House of Parliament; much less ink
has been expended on why reform has been so difficult to achieve.
This book analyses in detail the principal attempts to reform the
House of Lords. Starting with the Parliament Act of 1911 the book
examines the century of non-reform that followed, drawing upon
substantial archival sources, many of which have been
under-utilised until now. These sources challenge many of the
existing understandings of the history of House of Lords reform and
the reasons for success or failure of reform attempts. The book
begins by arguing against the popular idea that the 1911 Act was
intended by its supporters to be a temporary measure. 'No one -
peers included - should be allowed to pronounce about the future of
the House of Lords without reading Chris Ballinger's authoritative,
shrewd and readable account about reform attempts over the past
century. He punctures several widely-held myths and claims in the
current debate.' Rt Hon Peter Riddell CBE Director, Institute for
Government and former Hansard Society chair 'This is at once an
impeccably researched academic study, and a thoroughly readable
account loaded with lessons for today's would-be Lords reformers.'
Lord (David) Lipsey
Kazakhstan finds itself at the crossroads of political, economic,
social and cultural relations between the East and West.
Constituting a bridge between Europe and Asia, uniting more than
100 different ethnic and religious groups and possessing huge
territory with abundant natural resources, it is a unique country
with enormous potential to grow in stature on the world's stage.
This book is the first-ever comprehensive overview of the legal
system of Kazakhstan in English. It offers a compact, coherent,
systematic and reliable overview of the major legal concepts,
principles and developments of the legal system of Kazakhstan.
Sixteen chapters, each written by an expert in the respective
field, cover the following specific areas of the Kazakhstani legal
system: Legal History of Kazakhstan; Basic Features of the Legal
System (Comparative Perspective and Sources of Law); Legal
Education and Science in Kazakhstan; Constitutional Law;
Administrative Law; Law of Persons; Property Law; Law of
Obligations; Family and Inheritance Law; Labor Law; Private
International Law; Civil Procedure; Criminal Law; Criminal
Procedure; Investment and Energy Law; Tax Law.
." . . the real source of his Cooley's] fame. This book originated
from the need of introducing a course on Constitutional Law in the
school. . . . The text was developed as a basis for lectures. . . .
His discussion attained immediate fame and his views and
suggestions practically dominated American Constitutional Law. . .
. Like Blackstone, Pomeroy and many other legal works, the
influence of Constitutional Limitations rests partly upon literary
qualities, upon clarity and grace of unaffected statement." --James
G. Rogers, American Bar Leaders 70."The most influential work ever
published on American Constitutional law." --Edward S. Corwin,
Constitutional Revolution 87.Thomas McIntyre Cooley 1824-1898] was
a justice of the Michigan Supreme Court and was appointed by
President Grover Cleveland to serve on the Interstate Commerce
Commission. He was a visiting professor at Johns Hopkins University
and dean of the University of Michigan Law School. First issued in
1870, his edition of Blackstone, popularly known as "Cooley's
Blackstone," was the standard American edition of the late
nineteenth century. Some of his other influential publications are
A Treatise on the Law of Taxation (1876) and A Treatise on the Law
of Torts or the Wrongs Which Arise Independently of Contract
(1878). Thomas M. Cooley Law School in Lansing, Michigan, founded
in 1972, was named in his honor.
This book addresses a seemingly paradoxical situation. On the one
hand, nationalism from Scotland to the Ukraine remains a resilient
political dynamic, fostering secessionist movements below the level
of the state. On the other, the competence and capacity of states,
and indeed the coherence of nationalism as an ideology, are
increasingly challenged by patterns of globalisation in commerce,
cultural communication and constitutional authority beyond the
state. It is the aim of this book to shed light on the relationship
between these two processes, addressing why the political currency
of nationalism remains strong even when the salience of its
objective - independent and autonomous statehood - becomes ever
more attenuated. The book takes an interdisciplinary approach both
within law and beyond, with contributions from international law,
constitutional law, constitutional theory, history, political
science and sociology. The challenge for our time is considerable.
Global networks grow ever more sophisticated while territorial
borders, such as those in Eastern and Central Europe, become
seemingly more unstable. It is hoped that this book, by bringing
together areas of scholarship which have not communicated with one
another as much as they might, will help develop an ongoing
dialogue across disciplines with which better to understand these
challenging, and potentially destabilising, developments.
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