Understanding the impact of constitutional rights in the real world depends on understanding the law of constitutional remedies for their violation. Integrating the history, doctrine, and policy of constitutional remedy, Wells and Eaton explain how people go about trying to obtain redress for violations of their constitutional rights. Diverse issues arise when persons seek to bring a lawsuit against governments, officials, or private individuals for violation of their constitutional rights. Among them are whether the injury ought to be accorded constitutional status at all, or instead should be treated as a routine wrong, no different in principle from a traffic accident. If the case warrants constitutional status, the next issue is whether or not suit may be brought against the officer who committed the wrong or his government employer, and so on. On each of these and other issues the authors guide the reader through the complex body of doctrine, the lively case law debates, and the scholarly literature over the appropriate mix of policies and the means by which to achieve them.

This book charts the evolution of the Legal Services Ombudsman for England and Wales. Established in 1990, it had a statutory remit that explicitly recognized its dual responsibility for consumer dispute resolution and democratic accountability. It was replaced in 2010 by a very different type of ombudsman institution. The book describes how the Ombudsman reconciled its different roles and how far it succeeded in changing the mentality of the legal profession. The authors relate the Ombudsman's successes and failures to current debates facing the ombudsman and regulatory community, and highlight the continuing potential of the ombudsman institution. The ombudsman institution emerges as a 'third way' between the courts and various forms of alternative dispute resolution, and as a creative and democratic means of responding to public grievance.

Comitology is the most important form of multi-level governance in the European Union. Member State and Commission actors together create roughly 2,500 executive acts per year, amounting to about half of all European laws together. But to what degree is this unknown and invisible committee system being held to account for its decisions? This book for the first time addresses accountability in truly multi-level terms. It looks at accountability foreseen in the constitutional setup of the comitology system, as well as at how this plays out in practice at the European level and within national governments. Controlling Comitology combines findings from different levels of government, and analyses a plurality of data sources including interviews, survey data of committee participants and their superiors, legislative databases and meeting documents. The book argues that accountability has steadily improved over time, but also that unexpected gaps have emerged. This books is important reading for student and scholars of comitology as well as accountability and law-making in the European Union.

The dot-com revolution has brought many advances before unimagined. Of them all, it may be said that none have surpassed e-government in attracting a significant number of researchers and practitioners from around the world. However, the question remains whether everyone is ready to join the e-government movement, or if some are just blindly following the latest trend. Digital Solutions for Contemporary Democracy and Government touches on several key issues and challenges surrounding the recent e-government boom and offers practical solutions from those who have been a part of implementing e-government programs internationally. Due to its breadth of discussion on a variety of topics relating to the intersection of technology with politics, democracy, and government, this authoritative book is a valuable reference source for professionals, researchers, and students in the field of e-government, information management, or knowledge management.

All nation states, whether ancient or newly created, must examine their constitutional fundamentals to keep their constitutions relevant and dynamic. Constitutional change has greater legitimacy when the questions are debated before the people and accepted by them. Who are the peoples in this state? What role should they have in relation to the government? What rights should they have? Who should be Head of State? What is our constitutional relationship with other nation states? What is the influence of international law on our domestic system? What process should constitutional change follow? In this volume, scholars, practitioners, politicians, public officials, and young people explore these questions and others in relation to the New Zealand constitution and provide some thought-provoking answers. This book is recommended for anyone seeking insight into how a former British colony with bicultural foundations is making the transition to a multicultural society in an increasingly complex and globalised world.

Abortion is a quasi-eternal problem of humanity. For decades it has been - and continues to be - a highly debated political and legal issue in the Western world on both sides of the Atlantic. The contending political camps are often defined as 'pro-life' or 'pro-choice'. From a more legal perspective, the opposing positions may be described by the terms 'indication model' - where terminations are permitted in certain circumstances - and 'time limitation model' - where termination within a certain period of pregnancy is permitted on demand. Based upon a worldwide survey on abortion law and practice in a total of 64 countries carried out by the Max-Planck Institute for Foreign and International Criminal Law in Freiburg (Germany), the authors developed a 'third way'. This 'third way', which may be described as a 'discourse model', reflects the conviction that the decision to terminate must, in the final analysis, be taken by the pregnant woman herself subject to her own responsibility and that the legal system must treat her decision with respect. Along with a summary of social conditions and historical developments and a detailed comparison of legal regulations, supplemented by statistics on the termination of pregnancy, the authors arrive at their concluding reflections. Important findings, insights and trends are summarized and starting points and guidelines for reforms are pointed out. The book ends with a proposed regulation intended to provide those interested in an optimal regulation of the issue with food for thought. Prof. Dr. Dr. h.c. mult., M.C.J. (New York) Albin Eser is presently a Judge at the International Criminal Tribunal for the former Yugoslavia and Director em. of the Max-Planck-Institute for Foreign and International Criminal Law, Freiburg, Germany. Dr. jur. Hans-Georg Koch is senior researcher, Head of the medical law department of the Max-Planck-Institute for Foreign and International Criminal Law, Freiburg, Germany.

This book offers new perspectives on British nuclear policy-making at the height of the Cold War, arguing that the decisions taken by the British government during the 1950s and 1960s in pursuit of its nuclear ambitions cannot be properly understood without close reference to Duncan Sandys, and in particular the policy preferences that emerged from his experiences of the Second World War and his efforts leading Britain's campaign against the V-1 and V-2. Immersing himself in this campaign against unmanned weaponry, Sandys came to see ballistic missiles as the only guarantor of nuclear credibility in the post-war world, placing them at the centre of his strategic thinking and developing a sincerely-held and logically-consistent belief system which he carried with him through a succession of ministerial roles, allowing him to exert a previously undocumented level of influence on the nature of Britain's nuclear capabilities and its approach to the Cold War. This book shows the profound influence Sandys' personal belief system had on Britain's attempts to acquire a credible nuclear deterrent.

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"Colker's book provides a comprehensive review of the ADA's history and a thorough analysis of how effective it has been in vindicating the rights of the disabled. She does not paint a pretty picture, but it is an accurate, empirically based assessment."
--"Trial"

"[A] comprehensive, factually-supported, and carefully reasoned book in a manner worthy of academic interest. At the same time, [Colker] writes in a plain style free of academic jargon and returns consistently to the human-interest arena of practical ramifications."
--"New York Law Journal"

"This book is must reading for teachers, school administrators, parents, vocational rehabilitation counselors, disability rights lawyers, and Deaf Community leaders who hope to help take the citizen ship interests of deaf and hard-of-hearing people to the next level. The book helps these constituencies make the essential connections between raising and educating deaf children and the rights and opportunities those children hope to enjoy."
--Journal of Deaf Studies and Deaf Education

"The Disability Pendulum chronicles societal views and court reactions to the evolving ADA. Ruth Colker shows that public acceptance and inclusion of persons with disabilities into society is as much driven by attitudes about disability as by law and policy themselves. Colker offers an enriched and fresh analysis of the forces affecting the civil rights movement of persons with disabilities in American society."
--Peter Blank, Charles M. and Marion Kierscht Professor of Law and Director, Law, Health Policy & Disability Center, University of Iowa College of Law

"Ruth Colker's bookis an absolute must-read for anyone interested in disability rights. Colker has long been one of the most astute observers of the development of disability rights in the courts. This book lays out the compelling story of what the ADA was intended to do and what the courts have done to the ADA. The book is both inspiring and sobering."
--Chai Feldblum, Georgetown University Law Center

a[Colker] does not paint a pretty picture, but is an accurate, empirically based assessmenta
-- Adele Rapport, The Associate Regional Attorney for the U.S. Equal Employment Opportunity Commissionas Indianapolis District Office

"The Disability Pendulum helps us to appreciate that how we address these issues will shape the lives of the next generation of children with disabilities."
--"The Law and Politics Book Review"

Signed into law in July 1990, the Americans with Disabilities Act (ADA) became effective two years later, and court decisions about the law began to multiply in the middle of the decade. In The Disability Pendulum, Ruth Colker presents the first legislative history of the enactment of the ADA in Congress and analyzes the first decade of judicial decisions under the act. She assesses the success and failure of the first ten years of litigation under the ADA, focusing on its three major titles: employment, public entities, and public accommodations.

The Disability Pendulum argues that despite an initial atmosphere of bipartisan support with the expectation that the ADA would make a significant difference in the lives of individuals with disabilities, judicial decisions have not been consistent with Congressa intentions. The courts have operated like a pendulum, at timesswinging to a pro-disabled plaintiff and then back again to a pro-defendant stance. Colker, whose work on the ADA has been cited by the Supreme Court, offers insightful and practical suggestions on where to amend the act to make it more effective in defending disability rights, and also explains judicial hostility toward enforcing the act.

Through illuminating case studies of reform efforts in Alabama, California, Colorado, Florida, New York, and Virginia, this book--the first of three volumes--provides the first systematic analysis of the political obstacles to state constitutional reform. For those seeking constitutional reform, this useful resource can spell the difference between success and failure, and for those interested in state politics or constitutional politics, it offers rare insight into a distincive aspect of American constitutionalism. Written by eminent scholars who were, in many cases, also active participants in the reform campaign, the essays provide practical experience, expert analysis, and lessons for future constitional reformers.

Striking a balance between the aspirations of individual freedom and the demands of organized society is a central quest of constitutional law. Germany and America provide different paths toward accomplishment of this equilibrium, revealing two paths to freedom and its relation to community. This work is addressed to philosophers of law, political theorists, constitutional lawyers, and everyone interested in protecting human rights and learning the meaning of human personality and freedom as expressed in democratic constitutional regimes. Eberle challenges current thinking in the field by setting out alternative visions of human freedom, dignity, personality and expression; demonstrating that use of comparative methodology has much to offer critical examination of major constitutional and public policy issues; and showing that different conceptions of fundamental ideas are possible. Exploring the nature of human personality as reflected in the constitutional law of two important constitutional democracies, Eberle inquires into human values and human freedom, across national borders, in pursuit of a better understanding of human potential and the nature and limit of freedom. The central personality traits examined comprise human dignity; autonomy; self-determination and identity, including privacy, computer privacy, control over personal information, and maintenance of one's image, words, and reputation; abortion; and freedom of expression, including defamation, offensive speech, hate speech, and burning of the flag. The book weaves between German and American law in examining these questions, providing a unique comparative perspective on the idea of human personality and freedom.

In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points--while emphasizing the instability of the post-transition moment.

Administrative legal systems are based on national constitutional legal traditions and cultural values. This book offers a historical and comparative analysis of English and German Administrative law. There is a growing need for comparative material and analysis in Administrative law - this book provides a valuable contribution to this field.

This study examines the evolution and political consequences of the 2009 British MPs' expenses scandal. Despite claims of a revolution in British politics, we show how the expenses scandal had a limited, short-term impact.

The privileges and immunities clauses in the U.S. Constitution forbids one state from discriminating against citizens of another state with respect to privileges and immunities that state affords its own citizens. Of course, the history, interpretation, and rulings on Article IV and the Fourteenth Amendment are much more nuanced and controversial. Bogen details the origins and development of the concept of privileges and immunities, and provides an in-depth analysis of the symbiotic relationship between Article IV and the Fourteenth Amendment, detailing the current understanding of the clauses as reflected in the decisions of the Supreme Court. The author concludes by arguing that the tension between the Framers' intent to protect fundamental human rights and the Court's current confused and inappropriate use of rights language may be resolved by applying customary international human rights to the states. An extensive bibliographic essay and a table of cases are provided to guide further reading on the topic.

What is the exact nature of the right to a trademark? What is the basis of relief in trademark cases of unfair competition? Schechter unravels these problems as he traces the development of the law of trademarks from medieval times to the early twentieth century.." . . invaluable for starting scholarly research." --Julius J. Marke, A Catalogue of the Law Collection of New York University (1953) 869"Mr. Schechter has turned up much interesting and hitherto unpublished material concerning the use of guild and artisans' marks in the Middle Ages in England. His chapter (V) on "The Development of Trade Mark Law in the Cutlery Trades," is particularly valuable and contains matter not before in print. It makes understandable the reference to registers of the cutlers' companies in the English Trade Marks Act of 1875." --Edward S. Rogers, Michigan Law Review 24 (1925-1926) 98Frank Isaac Schechter 1890-1937] received the first doctor of jurisprudence degree given by Columbia University. He was a practicing attorney and authority on trademark law. His father was Solomon Schechter, a Biblical scholar who was the president of the Jewish Theological Seminary and the founder of the United Synagogue of America.

This insightful research review provides an analysis of the modern literature on foreign relations law. The topics explored include; the history of foreign relations law, the role of the courts in adjudicating foreign affairs disputes, executive power over foreign affairs, the domestic status of treaties, the phenomenon of executive agreements, the judicial application of customary international law, and the distribution of authority over war powers. The review provides a unique birds-eye view of the entire field and promises to be an invaluable tool for academics as well as a fascinating read for those interested in the subject.