This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field - lawyers, historians and political scientists - contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant'Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant'Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism - The Hague.

Title 7 presents regulations governing the Office of the Secretary of Agriculture and forty subordinate departments and agencies. Regulated activities include: marketing services, food and consumer services, crop insurance, plant and animal inspection, agricultural research, natural resources, etc. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.

This volume presents an overview of the evolution of the current Chinese Constitution (1982) and the characteristics of constitutional studies since 1978. Readers are introduced to the basic principles of constitutional system in China and gain insights into the real state of Chinese law, allowing them to form their own opinions. It will also aid commercial communications with Chinese legal professionals as well as enterprises. The book covers a number of topics, including the history of constitutional communication between Chinese constitutionalists and the International Association of Constitutional Law since 1981, the most important academic contributions to international conferences concerning constitutional law by Chinese constitutionalists, the main characteristics of the current Chinese Constitution in the field of constitutional studies in China, the key issues of constitutional practice and implementation in China, the challenges of running the fundamental political system of the People's Representative Congress and the characteristics of rule of law specific to China.

Attitudes Aren't Free: Thinking Deeply about Diversity in the US Armed Forces emerged from a vision to collect essays from the brightest voices of experts across the range of contentious social issues to catalyze productive discussions between military members of all ranks and services. Forty-nine experts contributed to the following 29 chapters writing on the primary themes of religious expression, homosexuality, gender, race, and ethics. Chapters appearing in this volume passed the scrutiny of a double-blind peer-review by one or more referees from the board of reviewers. The chapters are largely written in a colloquial, intellectual op-ed fashion and capture a "snapshot" of the current discussions regarding a particular topic of interest to uniformed personnel, policy makers, and senior leaders. Each section seeks to frame the spectrum of perspectives captured within the current debates and lines of argument. Authors were specifically asked not to address all sides of the issue, but rather to produce a well-reasoned argument explaining why they believe their well-known position on an issue is in the best interests of the military members and make specific recommendations about how best to address the policy issues from their perspective. The volume is arranged in four primary sections by theme: Religious Expression, Homosexuality, Race and Gender, and Social Policy Perspectives. Within each section, readers will find multiple chapters-each embracing a different perspective surrounding the section's theme. Thus, because of the unbalanced nature of many of the individual chapters, it is critically important that readers focus on the entire spectrum of perspectives presented within a section to ensure they have the context necessary to frame any single perspective. Diversity of opinion has been the hallmark of the United States since its dramatic birth in 1776 and has continued unfettered through today where we now have developed the most innovative and effective military the world has ever known. Thus, it is imperative that we continue to reflect upon the diversity of ideas about how best to formulate the "right" social policy to ensure our service members can most effectively execute their missions.

Classicists and lawyers alike will find this a fascinating study that shows how certain principles of Athenian maritime law are still imbedded in the modern international law of maritime commerce. Cohen has made a unique and substantial contribution to our understanding of the Athens of Plato, Aristotle and Demosthenes. Athens was the dominant maritime power in the West from the eighth to fourth centuries BCE. Athenian preeminence insured that its maritime law was accepted throughout the Mediterranean world. Indeed, its influence outlasted Athens and is the only area of classical Greek law that wasn't replaced entirely by Roman models. Codified during the Roman period in the Rhodian Sea laws, it went on to influence the subsequent development of European commercial and maritime law. Using both ancient and secondary sources, Cohen explores the development of Athenian maritime law, the jurisdiction and procedure of the courts and the Athenian principles that have endured to the present day. He successfully treats the much-discussed problem of why they were termed "monthly" and describes how "supranationality" was a feature of all Hellenic maritime law. He goes on to show how their jurisdiction was limited ratione rerum, not ratione personarum, because a legally defined "commercial class" did not exist in Athens at this time. Edward E. Cohen, an attorney with a Ph.D. in Classics, is both distinguished historian of Classical Greece, Professor of Ancient History (adjunct) at the University of Pennsylvania and the Chief Executive Officer of Atlas America, a producer and processor of natural gas. His other books include Athenian Economy and Society: A Banking Perspective (1992) and The Athenian Nation (2000). "Cohen's competence in the history of law, his own experience as a practicising lawyer with a Ph.D. in Classics, and his belief that in the principles of Greek maritime commerce reside "the germinal cells of the complex modern international law of maritime commerce" (p. 5), ought to have won for this book a much wider audience than it is likely to have. (...) As the most detailed treatment of Athenian maritime law Cohen's valuable book must be given a place beside the important contributions of his predecessors, Paoli, Calhoun, and Gernet.": Ronald S. Stroud, American Journal of Legal History 19 (1975) 71. " A] learned and precise examination of certain terms and procedures associated in the fourth century B.C. with lawsuits that arose out of Athenian maritime commerce. (...) Argumentation throughout is responsible. Cohen knows the sources and has read critically in a wide range of secondary material. The book is a valuable addition to our understanding of a comparatively little known area of Athenian law.": Alan L. Boegehold, The Classical World 69, No. 3 (Nov., 1975) 214.

Church-State Constitutional Issues explores the often-debated and always topical issue of the relationship between church and state as outlined in the First Amendment. Donald L. Drakeman takes an interdisciplinary approach to examine the meaning of the establishment clause, demonstrating how the studies of law, religion, history, and political science provide insight into this relationship, which, since the nation's inception, has been difficult to define. The study first chronicles the Supreme Court's decision regarding the interpretation of the establishment clause from the early 19th century to the present. This legal history is subsequently viewed from a cultural perspective as Drakeman traces both the background of the First Amendment and how the relationship of church and state has developed on its journey through the court system. The volume moves towards further understanding of this complex issue as it concludes with a new interpretation of the establishment clause derived from previous information as well as further legal and political interpretive material.

Conventional wisdom holds that robust enforcement of intellectual property (IP) right suppress competition and innovation by shielding incumbents against the entry threats posed by smaller innovators. That assumption has driven mostly successful efforts to weaken US patent protections for over a decade. This book challenges that assumption. In Innovators, Firms, and Markets, Jonathan M. Barnett confronts the reigning policy consensus by analyzing the relationship between IP rights, firm organization, and market structure. Integrating tools and concepts from IP and antitrust law, institutional economics, and political science, real-world understandings of technology markets, and empirical insights from the economic history of the US patent system, Barnett provides a novel framework for IP policy analysis. His cohesive framework explains how robust enforcement of IP rights enables entrepreneurial firms, which are rich in ideas but poor in capital, to secure outside investment and form the cooperative relationships needed to transform a breakthrough innovation into a marketable product. The history of the US patent system and firms' lobbying tendencies show that weakening patent protections removes a critical tool for entrants to challenge incumbents that enjoy difficult-to-match commercialization and financing capacities. Counterintuitively, the book demonstrates that weak IP rights are often the best entry barrier the state can provide to protect entrenched incumbents against disruptive innovators. By challenging common assumptions and offering a powerful integrated framework for understanding how innovation happens and the law's role in that process, Barnett's Innovators, Firms, and Markets provides important insights into how IP law shapes our economy.

Title 28 presents regulations by the Department of Justice and the Office of Independent Counsel that govern judicial administration. Chapters also address Federal Prison Industries and Bureau of Prisons. Subchapters address inmate admission, classification, and transfer; institutional management; and community programs and release.

Federalism remains a highly contentious issue in the United Kingdom, but however suspect the 'F' word may be, a substantial amount of devolution has already become part of the local landscape and more may yet follow. With the competence for a number of policies thus shifting from Westminster to Scotland, Wales, Northern Ireland, and in future perhaps even within England itself, foreign experience with federal and regional structures becomes a valuable source of ideas. In a series of contributions, distinguished experts from a wide range of legal systems including Canada, the United States, Germany, South Africa and the European Union present their experience, criticisms, and views concerning, inter alia, the distribution of power, judicial review and human rights protection in federalised and regionalised states. The book contains the papers from a conference jointly organised by the Institute of Global Law (UCL) and the Institute of Transnational Law (The University of Texas at Austin).

Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book's theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

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.

Nowhere today is constitutional law more avidly debated and studied than in the 12 post-Soviet republics known as the Commonwealth of Independent States (CIS). Drawing on past experience as well as on European, American and Asian models, the constitutions of these countries have a great deal to tell the legal scholar about how the independent states of the post-Cold-War world understand the transition to a market economy. This text contains English translations which accurately present the current (1999) constitutional laws of all 12 CIS countries. The author and translator - himself active as an adviser on constitutional reform in several of these states - has taken care to establish the most authentic sources through an investigation of the existing documents and through personal interviews. From a great mass of confusing and often contradictory material in a dozen languages, he has assembled a coherent collection of documents that allows us to see the lineaments of constitutional law at a crucial stage of development in this fast-changing region of great economic significance.

This volume deals with questions of political party funding and campaign financing, issues which arouse controversy in many parts of the world. How are the central actors in the political arena supposed to gather the funds necessary to operate effectively on behalf of their chosen political ends? And, how may they spend money in furtherance of their political objectives? The aim of this volume, the first in a new series of Columbia University/London University collaborative projects, is to explore these issues in the specific context of a number of national settings.The studies presented here show that financing questions cannot be addressed independent of the constitutional conventions of the country, the nature of the political parties in the country, and the means of access to publication and the media in any given nation. The national studies in this volume reveal a rich diversity in the approach to regulation in Australia, Canada, the European Union, Japan, New Zealand, Quebec, the United Kingdom and the United States. The topicality of the issues considered is reflected in the fact that since the book was first mooted there have been major decisions of the US Supreme Court and the Supreme Court of Canada, as well as an investigation and report by the Electoral Commission in the United Kingdom, all of which have a direct bearing on the legal and policy issues discussed in this book.

Title 30 presents regulations governing mineral lands and mining applied by the United States Bureau of Mines.

This book is a topical study of populist constitutionalism and illiberal democracies,exploring their roots in constitutional imagination as well as their normativeentrenchment and performance in political reality. It provides insightful analysis ofrepublican constitutionalism, focusing on the role of people in radical democracyand revolutionary constitutional reform. Furthermore, the outlook, adequacyand performance of constitutional principles in times of democratic ruptures areassessed. The contributors examine the rise of populist constitutionalism and themain trends that have led to the current, ongoing crises in liberal democracy. Thebook includes original analyses of populist constitutionalism from the viewpointof emotions and constitutional imagination, as well as a special chapter devotedto the challenges posed to constitutional democracy by COVID-19. Combiningtheoretical contributions, comparative typologies and important case studies, thespread of populism and illiberal democracy in Europe is critically explored.Populist Constitutionalism and Illiberal Democracies is a timely contribution to thelively discussion surrounding constitutional law, comparative constitutional law,comparative constitutionalism and political science regarding the rise and spreadof illiberal democracies, authoritarian political regimes and revolutionary, radicaldemocratic and populist constitutionalism.

Human Rights Law creates controversy, contention and counter-point like few other legal areas. Human Rights and Civil Liberties is a clear and comprehensive guide to this rapidly developing subject, and covers the enforcement of human rights and civil liberties generally, before examining the protection of specific areas of civil liberties in domestic law including (among others): the right to life, freedom of expression; the right to demonstrate; privacy; and freedom from torture. The book places the study of the subject within the context of the passing and implementation of the Human Rights Act 1998 and the principles and case law of the European Convention on Human Rights, providing you with an unrivalled framework to deepen your understanding of the area

In Marbury v. Madison Chief Justice John Marshall defined the Constitution as "a superior, paramount law," one that superseded the laws passed by Congress and state legislatures. What makes it paramount? This book sets out to recover the enduring principles, purposes, and meanings that inform the founders' charter and continue to offer us political guidance more than 200 years later. In so doing it steers a middle course between "originalists" who constrict interpretation to constitutional specifics and "relativists" who adapt the Constitution to the moment by ignoring original meaning. "Original intent," Ralph Ketcham argues, is best discerned by a study of the political climate that nourished the Constitution and the Bill of Rights and, more particularly, by understanding the broader meanings, intentions, and purposes of the framers.

To recover this full context of political thinking, Ketcham delves not only into the meaning of the documents but also into the connotations of the framers' vocabulary, the reasoning behind both accepted and rejected propositions, arguments for and against, and unstated assumptions. In his analysis the fundamental or enduring principles are republicanism, liberty, public good, and federalism (as part of the broader doctrine of balance of powers).

Ketcham answers convincingly those who question the relevance to modern constitutional interpretation of the finding that the founders were both republican and liberal. He asserts that the rights-protecting character of the Constitution and the Bill of Rights derived from the founders' belief that private rights depended upon active government and public virtue. In other words, private liberties rested on the citizenry's right to self-governance.

James Madison sought to ensure a system of government that would serve as guardian "both of public Good and of private rights." In providing an interpretation of the Constitution and the Bill of Rights that incorporates both republican and liberal perspectives, Ketcham should find a wide readership among politically active citizens, lawyers, judges, and those who teach and study constitutional law and political theory.

Title 48 presents regulations which cover acquisition planning, contracting methods and contract types, socioeconomic programs, general contracting requirements, special categories of contracting, contract management, clauses, and forms. Specific criteria for various departments, agencies, and offices are included. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

The struggle for civil rights in America was fought at the lunch counter as well as in the streets. It ultimately found victory in the halls of government-but, as Richard Cortner reveals, only through a creative use of congressional power and critical judicial decisions.

Title II of the 1964 Civil Rights Act prohibited discrimination in public accommodations, and shortly after its passage blacks were refused service at the Heart of Atlanta Motel and at Ollie's Barbecue in Birmingham, Alabama, as a test of the new law by business owners who claimed the right to choose their own customers. These challenges made their way to the Supreme Court, becoming landmark cases frequently cited in law. Until now, however, they have never benefited from book-length analysis. Cortner provides an inside account of the litigation in both decisions to tell how they spelled the end to segregation in the South.

The fact that blacks could not travel in the South without assured access to food and lodging led Congress to enforce civil rights on the basis of its authority to regulate interstate commerce. The Supreme Court unanimously sustained Title II's constitutionality under the commerce clause in both test cases, joining the executive and legislative branches in defining the power of the federal government to desegregate society, even by circuitous means.

Drawing on justice department files, Supreme Court justices' papers, and records of defense attorneys, Cortner provides the background for the cases, including previous legal battles over sit-ins. He describes the roles of key players in the litigation-particularly Solicitor General Archibald Cox and members of the Warren Court. In addition, he uses presidential files, oral histories, and other primary sources to give readers a clear picture of the forces at work in the creation, implementation, and validation of the Civil Rights Act.

Cortner's thorough account illuminates the nature of constitutional litigation and the judicial process, as well as the role of the Constitution and law, in two decisions that marked the crowning achievement of the civil rights movement and changed the face of America forever.