Last and best edition of the first English law dictionary. Corrected and greatly enlarged, English and Law French in parallel columns. First published in 1527, this pioneering dictionary was originally written in Law French with the Latin title Expositiones Terminorum Legum Anglorumae. Quite popular with students and lawyers due to its clarity and concision, it went through at least twenty-nine editions, the last appearing in 1721(with reissues in 1742 and 1819). The 1721 edition was translated by his son, William Rastell, who is often listed as its author. "Rastell's Termes de la Ley is a book which, like St. Germain's Doctor and Student, reflects the common law at the close of the year-book period with much fidelity." --Thomas Atkins Street, The Foundation of Legal Liability III:79 John Rastell d.1536], an Oxford-educated printer and lawyer, was a Member of Parliament when the Protestant reformation was legalized. Around 1527, the time Les Termes de la Ley was first published, Rastell took part in the religious controversies of the time, defending the Roman doctrine of purgatory in his notable work, A New Boke of Purgatory. William Rastell 1508?-1565] was the eldest son of John Rastell. A printer, lawyer, judge and author, he published his great collection of statutes from the Magna Carta to the present in 1557. It was updated periodically, the final edition appearing in 1625. Rastell also compiled A Table Collected of the Yeres of our Lorde God and of the Yeres of the Kynges of Englande (1561). He edited many important works including Littleton's Tenures (1534) and Sir Anthony Fitzherbert's Natura Brevium.

The Executive in the Constitution: Structure, Autonomy, and Internal Control is the first constitutional and legal analysis of the inner workings of the executive for many years. It aims to provoke a reappraisal, by constitutional lawyers, of the place of the executive within the constitution, by exploring an area hitherto largely neglected in constitutional law: the legal foundations of the powers and structure of the executive, and the mechanisms through which the centre of the executive seeks to control the actions of departments. The authors, both pre-eminent in the field off constitutional law, show that the machinery of executive co-ordination and control is no less crucial a dimension of the constitutional order than the external machinery of democratic and legal control. These external parliamentary and judicial controls depend for their effectiveness on the executive's ability to control itself. The plural structure of the executive, however, makes the co-ordination and control of its component parts a highly problematical pursuit. Against the background of an analysis of the executive's legal structure, the book examines in detail the controls governing departmental access to staffing, financial, and legal resources, analysing the relationship between these internal controls and the external machinery of democratic and legal control, and showing how the machinery of internal control has been shaped by the structure of the executive branch. The organization of the executive and the way it controls the actions of its departments has changed significantly in recent year. This book explores the impact of the machinery if executive co-ordination and control of the ambitious public service reform project which has been pursued by successive governments over the last twenty years, as well as of changes in the wider constitutional framework, including those stemming from the United Kingdom's membership of the European Union and the growth of judicial review. It shows how public service reforms, judicial review, and European law are changing not just the inner life of the executive government but its place in the constitution as well.

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.

This book is the first full-length work to present debates over the constitutional amending process as a perennial theme in American political thought. Beginning with a discussion of the views of political philosophers, publicists, and legal commentators who may have influenced the views of legal change held by the American Founding Fathers, the work proceeds to look at the historical influences on and discussions surrounding the amending process that was incorporated into Article V of the U.S. Constitution. The reader will gain a new respect for the way the amending process has served and still serves as a safety valve for constitutional change in the United States without permitting ill-considered or hastily conceived modifications. This work will be of interest to political scientists, historians, and students of American studies and legal history.

Administrative Law and Policy of the EU provides a comprehensive analysis of the administration of the European Union and the legal framework within which that administration operates. The book examines the multifarious approaches, techniques, and structures of public administration in order to systematise and assess the solutions they offer to political, social, and economic problems.
The legal framework of administration is examined from the standpoint of how it meets the demands of specific policy objectives established by democratically accountable decision-makers. Administrative law structures and many of its underlying principles have developed in an evolutionary and isolated manner in each policy area. While aware of the diversity of specific areas, this book takes an overarching approach, setting out the common rules and principles that constitute the general body of EU administrative law.
By integrating the disciplines of political and administrative science, and administrative law, the book offers a rich explanation and critique of the complex executive framework of the EU.

Calabresi complains that we are "choking on statutes" and proposes a restoration of the courts and their common law function. From a series of lectures given by Calabresi as part of The Oliver Wendell Holmes Lectures delivered at Harvard Law School in March 1977.

Banning therapeutic and reproductive cloning jeopardizes more than cloning itself. The constitutional principles intertwined with cloning embrace such vital liberties as personal autonomy, privacy, reproduction, and freedom of expression. Properly understood, cloning is essentially the same as other forms of assisted reproduction. Procrustean bans on cloning implicate and indirectly threaten numerous key personal interests, including abortion, in vitro fertilization, same-sex adoption, and surrogacy. A government allowed to preemptively isolate and censor medico-scientific research into cloning may be emboldened to shut down other forms of disfavored inquiry and expression as well. Much of the animosity toward cloning is based on unfounded fear, science-fiction fantasy, moralistic bias, and slippery slope predictions, most of which is scientifically untenable or already illegal. Yet when people are cloned, they will in fact be less similar than identical twins; genetics aren't everything. Differing environments produce differing people, and human clones--distinct individuals--will be entitled to the same human rights and legal protections that have protected individuals for centuries. Kunich establishes the pressing need to evaluate cloning in a rational scientific and legal manner, before the extreme opposition sprouting from fear and misunderstanding, which has already led to several state laws, results in an unconstitutional federal ban.

It has been frequently argued that democracy is protected and realized under constitutions that protect certain rights and establish the conditions for a functioning representative democracy. However, some democrats still find something profoundly unsettling about contemporary constitutional regimes. The participation of ordinary citizens in constitutional change in the world's most "advanced" democracies (such as the United States, Canada, and the United Kingdom) is weak at best: the power of constitutional reform usually lies in the exclusive hands of legislatures. How can constitutions that can only be altered by those occupying positions of power be considered democratically legitimate? This book argues that only a regime that provides an outlet for constituent power to manifest from time to time can ever come to enjoy democratic legitimacy. In so doing, it advances a democratic constitutional theory, one that combines a strong or participatory conception of democracy with a weak form of constitutionalism. The author engages with Anglo-American constitutional theory as well as examining the theory and practise of constituent power in different constitutional regimes (including Latin American countries) where constituent power has become an important part of the left's legal and political discourse. Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power will be of particular interest to legal/political theorists and comparative constitutional lawyers. It also provides an introduction to the theory of constituent power and its relationship to constitutionalism and democracy.

This is the first in-depth analysis of American railroad litigation from the 1880s to 1910 that led to landmark decisions by the Supreme Court, fundamentally altering the meaning of due process in American constitutional law and establishing a basic power of the federal courts to restrict state regulation over railroad rates. This is the first book-length study systematically to explore the impact of American railroads on the courts and the U.S. Constitution. Historians, political scientists, and legal scholars interested in decisions that profoundly affected contemporary views on the Constitution, and the political strategy and tactics used by the railroads to affect the judicial process, will gain new insights from this study. The introduction covers the disastrous defeat that the railroads suffered at the hands of the Supreme Court in the 1877 Granger Cases when the roads first challenged governmental regulation of railroad rates. Chapters 1 through 5 analyze their victories in the 1880s and 1890s as they sought to establish substantive due process as a valid doctrine. Chapters 6 through 9 describe the subsequent litigation to circumvent the Eleventh Amendment's apparent bar to injunction suits against state officers in the federal courts, culminating in a Supreme Court landmark decision of 1908. The epilogue shows how these decisions had a lasting impact on constitutional development in the United States in relation to civil liberties and contemporary constitutional law.

This volume takes a historical approach in analyzing all of the major United States Supreme Court cases relevant to the conflict between a free press and fair trial. Campbell's thorough analysis, which relates 30 primary cases to each other and to nearly 70 associated supporting cases, consists of five parts: (1) legal backgrounds; (2) immediate historical circumstances giving rise to the cases; (3) complete summaries of all court opinions, concurring opinions, and dissenting opinions, often using the Justices' own words; (4) the Court's ruling; and (5) analysis of the significance of the cases.

This collection brings together for the first time the key primary documents in the history of the abortion controversy in the United States. Organized by historical period, these 92 documents tell the story of this highly charged issue. An explanatory introduction geared to the needs of high school and college students accompanies each document. The collection emphasizes the political and social aspects of the debate, and many voices and conflicting views resound--in congressional hearings, Supreme Court decisions, government reports, party platforms, position papers, statutes, biographical accounts, and news stories. The heart of the work is the drama of Roe v. Wade--the cases that led to it, the Supreme Court decision and dissenting opinions, the reaction in Congress, public opinion, political consequences, and the most recent court tests.

The work is divided into five sections: Part I covers the historical period from its European inception until the beginning of the reform movement in the United States in the 1960s. Part II looks at the developments in 1960-1972 that led to the Supreme Court decision in Roe v. Wade in 1973. Part III focuses on Roe v. Wade and the reaction to the decision. Part IV, The Battlelines Are Drawn, 1974-1980, describes the political battles over abortion in the 1970s. Part V includes documents from the Reagan/Bush administrations and ends with the beginning of the Clinton administration in 1993. Each chapter includes a list of suggested readings. The book concludes with a chronology of events in the abortion controversy and a list of decisions of the United States Supreme Court relating to abortion. The collection will be especially useful for high school, junior college, and college students, and for public libraries.

Just as the polls opened on November 5, 1872, Susan B. Anthony arrived and filled out her "ticket" for the various candidates. But before it could be placed in the ballot box, a poll watcher objected, claiming her action violated the laws of New York and the state constitution. Anthony vehemently protested that as a citizen of the United States and the state of New York she was entitled to vote under the Fourteenth Amendment. The poll watchers gave in and allowed Anthony to deposit her ballots. Anthony was arrested, charged with a federal crime, and tried in court. Primarily represented within document collections and broader accounts of the fight for woman suffrage, Anthony's controversial trial-as a landmark narrative in the annals of American law-remains a relatively neglected subject. N. E. H. Hull provides the first book-length engagement with the legal dimensions of that narrative and in the process illuminates the laws, politics, and personalities at the heart of the trial and its outcome. Hull summarises the woman suffrage movement in the post-Civil War era, reveals its betrayal by former allies in the abolitionist movement, and describes its fall into disarray. She then chronicles Anthony's vote, arrest, and preliminary hearings, as well as the legal and public relations manoeuvring in the run-up to the trial. She captures the drama created by Anthony, her attorneys, the politically ambitious prosecutor, and presiding judge-and Supreme Court justice-Ward Hunt, who argued emphatically against Anthony's interpretation of the Reconstruction Amendments as the source of her voting rights. She then tracks further relevant developments in the trial's aftermath-including Minor v. Happersett, another key case for the voting rights of women-and follows the major players through the eventual passage of the Nineteenth (or "Susan B. Anthony") Amendment. Hull's concise and readable guide reveals a story of courage and despair, of sisterhood and rivalry, of high purpose and low politics. It also underscores for all of us how Anthony's act of civil disobedience remains essential to our understanding of both constitutional and women's history-and why it all matters. This book is part of the Landmark Law Cases and American Society series.

This book examines the frequency, causes and management of divided government in comparative context, identifying the similarities and differences between the various experiences of this increasingly frequent form of government. The countries studied include Denmark, Ecuador, Finland, France, Germany, Ireland, Italy, Mexico, Norway, Poland, and the US.

What makes a great book? If the determining factors are the content,authorship and timing of publication then this collection of essays from some of Europe's most eminent judges and jurists satisfies all three criteria. Readers will here find the expanded versions of the speeches given at a one-day conference in London to mark, from a legal point of view, the beginning of the new millennium. In a thoughtful and predominantly comparative manner the distinguished speakers explore the cross fertilisation of ideas that is taking place between the Common and Civil law systems in such important topics as human rights, commercial law, and comparative methodology. The contributors include Lords Irvine, Bingham, Woolf, Steyn, and Goff, the President of the Court of the European Communities, Dr Iglesias, the President of the Court of Human Rights, Dr Wildhaber, the President of the German Constitutional Court, Professor Limbach, Justices Lenoir and Mirabelli, respectively of the French and Italian Constitutional Courts, the Professor Walter van Gerven, former Advocate General of the Court of the European Communities, Professor Klaus Hopt, co-Director of the Max-Planck Institute of Hamburg, Professor Christian von Bar, Director of the Institute of Comparative Law at the University of Osnabruck and the organiser of the conference, Professor Basil Markesinis, Director of the Oxford Institute of European and Comparative Law. The book commences with a Foreword by Keith Clark, Senior Partner of the multinational law firm, Clifford Chance, who have sponsored the conference. This is a unique book about legal practice in the increasingly integrated world of tomorrow.

This book originated as a series of lectures presented at Johns Hopkins in 1915. It proposes a method to supplement the established doctrine of constitutional law, which enforces legislative norms through negation and review, by a system of positive principles that would guide the making of statutes and give more definite meaning and content to the concept of due process. Highly regarded since its original publication in 1917 and the winner of Harvard Law School's Ames Prize in 1919, it went on to become a standard work. It was recommended, to cite two examples, in Roscoe Pound's Introduction to American Law (1919) and Arthur Vanderbilt's Studying Law (1945). A comment published at the end of Freund's career summarizes a general opinion: "The great quality which Ernst Freund brought to the study of administrative law was his capacity for analysis. He was the Austin of the jurisprudence of administrative law." -W.I.J., Law Quarterly Review 49 (1933): 588."We have seldom read an essay so philosophically and learnedly written and one which at the same time is extremely interesting as well as constructive. Mention is made of practically all our general classes of legislation during 'the last century, and in every instance we are treated with a learned historical review of the subject under consideration."-American Law Review 52 (1918) 476.Ernst Freund 1864-1932] was Professor of Jurisprudence and Public Law at the University of Chicago. He is widely considered to be responsible for the development of administrative law in the United States.

This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability. A unique comparative theory of ICL is offered, which clarifies the way in which ICL develops as a patchwork of different domestic criminal law notions. This theory forms the basis for the comparison of some influential domestic criminal law systems, with a view to understanding the policy and cultural reasons for their differences. There is a particular focus on the background of the German law which has influenced the International Criminal Court so much recently. This helps to understand, and seek a solution to, the current impasses in the debates on which model of liability should be applied. An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it. Cassandra Steer is Executive Director of Women in International Security Canada, and Junior Wainwright Fellow at McGill University, Canada. She holds a Ph.D. in Law from the University of Amsterdam, The Netherlands.