This two-volume set is a collection of articles that elucidate the theory, practice, legal innovations, and codification experience of the Law of Personality Rights in China. The Law of Personality Rights was enacted in China in May 2020, the first time that a Law has been legislated as an independent part of the Civil Code of the People's Republic of China and an unprecedented step in protecting the personality rights of citizens. The first volume examines the legal and theoretical basis for the Law as a standalone part of the Civil Code as well as practical issues including institutional arrangements, the relationship between human rights and personality rights and the relationship with laws on tort liability, as well as those pertaining to marriage and the family. The second volume explains the design and innovations of the Law and proposes suggestions to refine it through evaluation of the attributes of personality rights and the draft laws. The volumes will be an essential reference for scholars and students studying civil law, continental law, Chinese law, and the legal protection of personality rights.

The rule of law paradigm has long operated on the premise that independent judges disregard extralegal influences and impartially uphold the law. A political transformation several generations in the making, however, has imperiled this premise. Social science learning, the lessons of which have been widely internalized by court critics and the general public, has shown that judicial decision-making is subject to ideological and other extralegal influences. In recent decades, challenges to the assumptions underlying the rule of law paradigm have proliferated across a growing array of venues, as critics agitate for greater political control of judges and courts. With the future of the rule of law paradigm in jeopardy, this book proposes a new way of looking at how the role of the American judiciary should be conceptualized and regulated. This new, "legal culture paradigm" defends the need for an independent judiciary that is acculturated to take law seriously but is subject to political and other extralegal influences. The book argues that these extralegal influences cannot be eliminated but can be managed, by balancing the needs for judicial independence and accountability across competing perspectives, to the end of enabling judges to follow the "law" (less rigidly conceived), respect established legal process, and administer justice.

This volume, an updated collection of essays presented by leading scholars at a Hofstra University conference on group defamation, provides a cross-disciplinary examination of hate speech. Beginning with the decision of the U.S. Supreme Court in R.A.V. v. St. Paul, the volume analyzes the problem from historical, anthropological, comparative-legal, and American constitutional law perspectives. Among the topics examined are the role of hate speech in the persecutions of Jews and Asians during World War II, in the subordination of Blacks, Native Americans, and women, and the pros and cons of the legal controls on hate speech adopted in such countries as Australia, Canada, and Israel. The section on American constitutional law features several proposed statutes outlawing hate speech, along with model court opinions supporting and attacking their constitutionality. The volume will be of great interest to scholars and students in the areas of intergroup relations and constitutional law as well as policy makers.

This book presents a comparison of the development of legitimate expectations and proportionality in European and English law against the different traditions of administrative law. While these two principles are well established in European law,only in recent years have the English courts years sought to integrate them into the common law and have experienced various difficulties in doing so. This book seeks to understand the motivation behind this development, explain why the English courts have been troubled by the principles and suggest how such difficulties can be resolved. It will be of interest to all administrative lawyers, both in practice and in academe. It will also be of interest to EU lawyers, particularly those interested in EU public law. Contents 1. Approaches to Administrative Law 2. The Integration of the Principles into English Law 3. Legitimate Expectations 4. Proportionality (I): European Doctrine and English Debate 5. Proportionality (II): Future Development 6. Conclusion

Maximise your marks for every answer you write with Law Express Question and Answer. This series is designed to help you understand what examiners are looking for, focus on the question being asked and make your answers stand out. See how an expert crafts answers to up to 50 questions on Constitutional & Administrative Law. Discover how and why different elements of the answer relate to the question in accompanying Guidance. Plan answers quickly and effectively using Answer plans and Diagram plans. Gain higher marks with tips for advanced thinking in Make your answer stand out. Avoid common pitfalls with Don't be tempted to. Compare your responses using the Try it yourself answer guidance on the companion website. Practice answering questions and discover additional resources to support you in preparing for exams on the Companion website.

With the widespread knowledge and use of e-government, the intent and evaluation of e-government services continues to focus on meeting the needs and satisfaction of its citizens. E-Government Services Design, Adoption, and Evaluation is a comprehensive collection of research on assessment and implementation of electronic/digital government technologies in organizations. This book aims to supply academics, practitioners and professionals with the understanding of e-government and its applications and impact on organizations around the world.

This book focuses on the interaction and mutual influences between the East and the West in terms of their legal systems and practices. In this regard, it highlights Professor Herbert H.P. Ma's achievements and his efforts to bring Eastern and Western legal concepts and systems closer together. The book shows that, while there have been convergences between different legal regimes in many fields of law, diverse legal practices and approaches rooted in differing cultural, social, political and philosophical backgrounds do remain, and that these differences are not necessarily negative elements in the contemporary legal order. By examining different levels of the legal order, including domestic, regional and multilateral, it goes on to argue that identifying these diversities and addressing the interactions and mutual influences between different regimes is a worthwhile undertaking, not only in terms of mutual enrichment, but also with regard to intensifying the degree of desirable coordination between different legal systems. All chapters were written by leading experts, practitioners and scholars from different jurisdictions with expertise in various fields of law and different levels of the legal order, and discuss a number of issues with particular focus on either "one-way" or mutual influences between the Eastern and the Western legal systems, practices and philosophies.

The volume explores the marked differences between the complex and rapidly changing legal organization of EU external relations and the EU's 'internal' constitutional order.
The European Union is unique as a polity organized along federal lines but with fully-fledged States as its component political entities. The tension between the self-conscious Member States and their constitutional relationship within the EU is especially pronounced in the foreign policy field, where they remain determined to assert their status as full subjects of the international order. This book explores how foreign policy fits within the constitutional structure of the EU, characterized by the division of external relations competences between the EU and the Member States ('the vertical axis'), and between the 'pillars' of which the Union is composed, (the division between the Community competences of the first pillar and the common foreign and security competences of the second pillar ('the horizontal axis')).
This is a study of the extent to which foreign policy is legally sui generis within the sui generis constitutional order of the EU, and of how the common foreign and security policy is in turn sui generis within the foreign policy structure of the Union. It provides both an exploration of the constitutional reality of EU foreign policy and theoretical analysis which suggests possibilities for reform.

Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.

Bargaining, negotiation and civil penalty sanctions together constitute central techniques used by regulators in securing compliance with the law. This book is a timely exploration of these practices, constructing a principled framework for evaluating their legitimacy and thereby drawing into sharper focus the importance of the constitutional principles in regulatory compliance. Although Australian competition law provides the focal point of the book, its analysis and critique is equally applicable to other competition law regimes and to other areas of business regulation. While there are numerous empirical studies of regulatory enforcement, this book introduces a normative dimension to the debate by seeking to identify whether there are certain principled and ethical limits that inform and circumscribe the limits of legitimate enforcement practice. It is likely to be of interest to scholars in the fields of public law, criminology, economics, and regulation, and may also be of considerable assistance to legal practitioners in providing a principled, legal foundation from which to draw in their dealings with regulators.

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Read the Preface.

"[A] comprehensive and brilliant book from both a historical and analytical perspective. Drawing from the lessons of history, Alexander Tsesis shows persuasively the relevance of the Thirteenth Amendment to a wide range of the social and economic issues currently facing America, and he offers highly creative arguments that support the use of congressional power under the Thirteenth Amendment as a potent and effective means of meeting and resolving these issues."
--G. Sidney Buchanan, Baker & Botts Chaired Professor of Law, University of Houston Law Center

"Tsesis vigorously presents a set of arguments that are rarely found in the conventional legal literature. . . . an interesting and challenging book."
--Sanford Levinson, University of Texas Law School

"For those looking for arguments to revitalize and expand the use of the Thirteenth Amendment, this is an interesting piece of advoacacy."
--"Journal of American History"

.,."audacious and original. He (Tsesis) offers a blueprint as to how desperately needed reforms...can come about."
--Richard Delgado in "Michigan Law Review"

"Alexander Tsesis's invigorating reevaluation of the Thirteenth Amendment agrees with many Lincoln Republicans that it embraced the Declaration of Independence."
--Harold Hyman, Rice University

"This book deserves applause because it illuminates in a new and stimulating way methods for repairing the harm done by racist rhetoric, hate crimes, and the newest forms of slavery."
--"The American Historical Review"

.,."a challenging and nicely written book that will teach well."
--"Choice"

"In this interesting study, Alexander Tsesis argues for an expansive view of the Thirteenth Amendment, presenting it as an effort to permanently abolish all the incidents and badges of slavery in America, including both governmentally and privately sponsered forms of oppression against former slaves and others."
--"The Law and Politics Review"

In this narrative history and contextual analysis of the Thirteenth Amendment, slavery and freedom take center stage. Alexander Tsesis demonstrates how entrenched slavery was in pre-Civil War America, how central it was to the political events that resulted in the Civil War, and how it was the driving force that led to the adoption of an amendment that ultimately provided a substantive assurance of freedom for all American citizens.

The story of how Supreme Court justices have interpreted the Thirteenth Amendment, first through racist lenses after Reconstruction and later influenced by the modern civil rights movement, provides insight into the tremendous impact the Thirteenth Amendment has had on the Constitution and American culture. Importantly, Tsesis also explains why the Thirteenth Amendment is essential to contemporary America, offering fresh analysis on the role the Amendment has played regarding civil rights legislation and personal liberty case decisions, and an original explanation of the substantive guarantees of freedom for today's society that the Reconstruction Congress envisioned over a century ago.

Conflict is the essence of civil liberty. Individual or group rights are rarely, if ever, willingly bestowed without a struggle. From the day that King John was forced at Runnymede to recognize that his barons had certain prerogatives to the present era, when racial minorities, women, and gays and lesbians fight for a place at the table, the din of political, judicial, and sometimes violent battle echoes through the United States. And yet, are the law of freedom of speech and the law of equality truly on a collision course? Henry Louis Gates, Jr., has written that the strongest argument for regulating speech is the unreflective stupidity of most of the arguments for the other side - the tendency of those "who invoke the First Amendment mantra, and seem immediately to fall into a trance, oblivious to further argument and evidence". In an attempt to move past such rote recitations, this volume brings together such thinkers as Sylvia Law, Martin Redish, Ira Glasser, Randall Kennedy, Susan Deller Ross, and Wendy Kaminer to engage in a free-ranging conversation about this very issue. Focusing on the flashpoint topics of abortion clinic violence, workplace harassment, and hate crimes/hate speech, the contributors illustrate ways that we might get beyond the reflexivity that has dictated much of the debate around speech and equality.

is book of twelve original essays will bring together two themes of American culture: law and race. The essays fall into four groups: cases that are essential to the history of race in America; cases that illustrate the treatment of race in American history; cases of great fame that became the trials of the century of their time; and cases that made important law. Some of the cases discussed include Amistad, Dred Scott, Plessy v. Ferguson, Scottsboro, Korematsu v. US, Brown v. Board, Loving v. Virginia, Regents v. Bakke, and OJ Simpson. All illustrate how race often determined the outcome of trials, and how trials that confront issues of racism provide a unique lens on American cultural history. Cases include African-Americans, Asian-Americans, and Caucasians. Contributors include a mix of junior and senior scholars in law schools and history departments.