"Marcossen has written a good book. Its tone is appropriate, its arguments are provocative, and its subject matter is significant."--"The Law and Politics Book Review," Vol.12, No. 7

"Brilliantly dissecting Thomas' and his philosophical mentor Antonin Scalia's conservatism, Marcossen resembles a master debater delivering a crushing final summation."-- "Booklist," August 2002

"Without a doubt, this is one of the best pieces of constitutional law scholarship published in some time."
-- "Choice"

Originalism is the practice of reviewing constitutional cases by seeking to discern the framers' and ratifiers' intent. Original Sin argues that the "jurisprudence of original intent," represented on the current Supreme Court by Justices Antonin Scalia and Clarence Thomas, has failed on its own terms. Attempts to determine the framers' intent have not brought greater determinacy and legitimacy to the process of constitutional interpretation. Instead, the method has been marked by the very flaws--including self-interested reasoning and the manipulation of doctrine--that originalists argue marred the jurisprudence of the judicial "activists" of the Warren Court.

Original Sin brings a rigorous review of the performance of the "new originalists" to the debate, applying their methodology to real cases. Marcosson focuses on the judicial decisions of Clarence Thomas, an avowed originalist who nevertheless advocates "color blind" readings of the Constitution which are at odds with the framers' ideas concerning anti-miscegenation and other laws. After critiquing what he sees as a troubling use of originalism and explaining why it has failed to provide a consistent basis for constitutionaldecision-making, the author goes on to offer an alternative approach: one that lends greater legitimacy to the Court's interpretations of the Constitution.

Concepts such as e-voting, e-democracy, e-participation, online campaigning, and e-parliament are the most powerful proof of the use of ICTs in political activities, processes, and institutions. E-Parliament and ICT-Based Legislation: Concept, Experiences and Lessons presents a conceptual framework regarding e-parliament and analyzes the impacts of ICTs on the structure of parliament, its functions, relations with other actors, and the legislative process. As a result of the means and opportunities created by ICTs, parliaments have had a chance to simplify and integrate their administrative processes and involve citizens in legislative processes. This book reflects on new understandings, developments, and practices in parliaments within the framework of ICT usage.

This book gives a comprehensive account of the drafting of the EU Charter in the first Convention and shows the important contribution of this process to the constitutional development of the European Union. By drawing on a body of empirical data from the Convention in 1999-2000 it shows how the debates about a catalogue of fundamental rights for the EU prior to enlargement triggered a much wider discussion about the basis and basics of European integration. Thus it can shed new light on the EU's ongoing search for legitimacy.

Designed to succeed previous books on the Maastricht and Amsterdam treaties, this new work includes contributions from leading EU lawyers assessing the Nice Treaty and the Post-Nice process, which is rapidly developing in the lead-up to the next Intergovernmental conference. The book's central theme is the discussion of a European Constitution and European Constitutionalism. The new constitutional balance after institutional reform, the Luxembourg courts after Nice, the future of the three pillar Treaty structure and the Human Rights charter are the other main topics. Among the contributors are the editors, Professor Stephen Weatherill (Oxford), Professor Noreen Burrows (Glasgow), Professor Jrgen Schwarze (Freiburg), Professor Paul Craig (Oxford), Professor Jo Shaw (Manchester) Steve Peers (Essex) Professor Piet Eeckhout (King's College, London) and Professor Alan Dashwood (Cambridge).

Public anger at perceived ethical and legal failures in recent wars has reinforced the importance of understanding military ethics. Ethics, Law and Military Operations is one of the first texts to examine both the ethical and the legal considerations of contemporary military conflict. It adopts a practical approach to explore the ways in which legal and normative issues combine to affect the entire spectrum of military operations, from high-intensity conflict to peacekeeping activities and the provision of humanitarian aid. With an operational perspective in mind, this text delivers accessible frameworks for evaluating and applying fundamental legal and ethical concepts. Written by an international team of military practitioners and academics, this book provides interdisciplinary insights into the major issues facing military decision-makers. The first half of the book explores the ethical and legal underpinnings of warfare. Later chapters use case studies to examine specific issues in the contemporary operating environment.

This comprehensive case law book examines the evolution of judicial interpretation of the scope and limitations of presidential power. From interbranch struggles for power, to presidential selection, to campaign financing, to war powers, hardly an issue arises for the modern presidency that does not eventually find itself framed as a legal problem to be addressed by the courts. Each section provides an introduction providing background and framework for students. Throughout, the analysis is informed by the view that court decisions are framed by legal arguments and constitute legal issuances and are also framed by politics, and have profound political consequences. Coinciding with a broader intellectual and disciplinary return to institutions and law as key to understanding the presidency and modern politics, this book will find special favour among scholars who teach courses on the presidency and related areas.

Foreword by Randy E. BarnettIn 2012, the United States Supreme Court became the centre of the political world. In a dramatic and unexpected 5-4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court and President Obama. On November 13, 2009, a group of Federalist Society lawyers met in the Mayflower Hotel in Washington, D.C., to devise a legal challenge to the constitutionality of President Obama's legacy",his healthcare reform. It seemed a very long shot, and was dismissed peremptorily by the White House, much of Congress, most legal scholars, and all of the media. Two years later the fight to overturn the Affordable Care Act became a political and legal firestorm. When, finally, the Supreme Court announced its ruling, the judgment was so surprising that two cable news channels misreported it and announced that the Act had been declared unconstitutional. Unprecedented offers unrivaled inside access to how key decisions were made in Washington, based on interviews with over one hundred of the people who lived this journey,including the academics who began the challenge, the attorneys who litigated the case at all levels, and Obama administration attorneys who successfully defended the law. It reads like a political thriller, provides the definitive account of how the Supreme Court almost struck down President Obama's unprecedented" law, and explains what this decision means for the future of the Constitution, the limits on federal power, and the Supreme Court.

Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - domestic, EU, and ECHR. This book focuses on the potential for conflict to emerge between the systems where rights overlap and interpretations in different courts begin to diverge.
From the perspective of EU law, where the interpretation of rights differs national courts are asked to renounce the constitutional scope of protection, and the interpretations of the European Court of Human Rights, in favor of the scope defined by the European Court of Justice. From the perspective of the ECHR, the European Court of Human Rights is the ultimate authority on rights protection in Europe. This work presents a theory of supranational judicial authority to confront this problem, grounded in an ideal of judicial dialogue. It represents the first attempt to provide a thorough theoretical account of the value of judicial dialogue, and its potential for legitimating judicial decision-making at an international level.
Combining theoretical rigor with attention to the practicalities of European human rights law, the book will be accessible to a broad readership of legal theorists, EU lawyers and judges involved in building inter-judicial dialogue.

The provision of legal technical assistance has in recent years become a major concern for international financial institutions, such as the World Bank, and for Western-based bilateral donor agencies. This book offers critical perspectives for the evaluation of legal technical assistance projects and contains proposals for action and research. Five chapters offer general perspectives on law, state and civil society and the remaining six case studies on themes such as economic regulation, agrarian reform, representation of women and access to justice.

From Russia and Hungary to the United States and Canada, including Britain, France, and Germany, courts are increasingly recognized as political institutions that are important players in political systems. In addition, transnational courts such as the European Court of Justice and European Court of Human Rights are extending their reach and affecting the politics of member states. The book contains essays written by scholars of law and political science exploring in interdisciplinary fashion the relationship between law and politics in cross-national perspective, focusing principally on contemporary Europe.

In fifty years, European private international law has undergone significant changes. Increased globalization and the emergence of e-commerce has led to a greater need for and more widespread reliance on private international law. As a result, most legal practitioners can no longer avoid it in their day-to-day practices.Each year, the Jura Falconis conference is held to discuss prior developments, draw lessons from the past and offer perspectives for the future of European private international law. The 50th anniversary of the Brussels Convention (1968) presented itself as the perfect discussion point for the 2018 conference.European Private International Law at 50 is the written result of the 2018 conference. It brings together legal experts and provides the reader with a thorough examination of the most important aspects of the field, considering possible future developments and the impact of Brexit

This supplemental volume expands upon the seven-volume edition of Constitutional Documents of the United States of America 1776 1860, which was published from 2006 to 2009. It contains 14 constitutional documents from 8 different U.S. states which were recently made accessible for the first time in American libraries and archives. Among the documents in the collection are the constitution of the short-lived Republic of Indian Stream, which succeeded from New Hampshire from 1832 to 1835, as well as rare constitutional documents from New Mexico and Texas written in both Spanish and English. The texts have been edited, annotated, and indexed on the basis of the original manuscripts and (in certain cases rare) original prints produced by the official state or constitutional convention printing presses."

Alan Charles Raul The devastating and reprehensible acts of terrorism committed against the 11, 2001 have greatly affected our lives, our United States on September livelihoods, and perhaps our way of living. The system of government embodied in our Constitution and Bill of Rights was designed to inhibit excessively efficient government. By imposing checks and balances against over-reaching governmental power, the Founders intended to promote the rule of laws, not men - and to protect the prerogatives of citizens over and above their rulers. No faction was to become so powerful that the rights and interests of any other groups or individuals could be easily trampled. Specifically, the Framers of our constitutional structure prohibited the government from suppressing speech, inhibiting the right of free association, of people, conducting unreasonable preventing (peaceful) assemblies searches and seizures, or acting without observing the dictates of due process and fair play. After September 11, there is a risk that the philosophical protections of the Constitution could appear more than a trifle "academic. " Indeed, our tradional notions of "fair play" will be sorely tested in the context of our compelling requirements for effective self-defense against brutal, evil killers who hate the very idea of America. Now that we witness the grave physical dangers that confront our families, friends, neighbors, and businesses, our commitment to limited government and robust individual liberties will of our inevitably - and understandably - be challenged.

Tom Bingham (1933-2010) was the 'greatest judge of our time' (The Guardian), a towering figure in modern British public life who championed the rule of law and human rights inside and outside the courtroom. Lives of the Law collects Bingham's most important later writings, in which he brings his distinctive, engaging style to tell the story of the diverse lives of the law: its life in government, in business, and in human wrongdoing.
Following on from The Business of Judging (2000), the papers collected here tackle some of the major debates in British public life over the last decade, from reforming the constitution to the growth of human rights law. They offer Bingham's distinctive insight on issues such as the role of the judiciary in a democracy, the implementation of the Human Rights Act, and the development of the rule of law, in the UK and internationally.
Written in the accessible style that made The Rule of Law (2010) a popular success, the book will be essential reading for all those working in law, and an engaging inroad to understanding modern constitutional and legal debates for the general reader.

The Constitution of the Russian Federation was ratified in 1993 amid great hopes and aspirations following the collapse of the USSR. The constitution proclaims the goal of establishing a "democratic, federal state" that functions according to rule of law and promises a broad array of social, political and economic rights to its citizens. But how well has the Russian government lived up to realizing these promises? Seven distinguished scholars on Russian politics and law examine the state of political accountability, federal power-sharing, judicial independence, press freedom, and criminal procedure in Russia today. The picture that emerges is decidedly mixed; they conclude that the Russian constitution remains a work in progress.

Tells the story (in the participants' own words) of how a determined southern filibuster was turned back in the U.S. Senate and the 1964 Civil Rights Act made into law.

This book details, in a series of first-person accounts, how Hubert Humphrey and other dedicated civil rights supporters fashioned the famous cloture vote that turned back the determined southern filibuster in the U.S. Senate and got the monumental Civil Rights Act bill passed into law. Authors include Humphrey, who was the Democratic whip in the Senate at the time; Joseph L. Rauh, Jr., a top Washington civil rights lobbyist; and John G. Stewart, Humphrey's top legislative aide. These accounts are essential for understanding the full meaning and effect of America's civil rights movement.

"Loevy's volume supplements the academic studies with contemporaneous, first-person accounts by participants in this historic legislative struggle. Senator Humphrey and Joe Rauh were major participants, and although not as well known, Professor Stewart was an important behind-the-scenes staffperson. The material therefore constitutes an important supplement to the documentary record on the civil rights era..". -- Robert C. Smith, San Francisco State University

"Loevy does a wonderful, almost incredible job of summarizing 200 years of civil rights in the Introduction, and the selections in the book shed new light on the 1964 civil rights legislative struggle". -- James W. Riddlesperger, Jr., Texas Christian University

Originating in a conference organised by the Centre for European Legal Studies (CELS),Cambridge in July 1999, this book contains a number of pieces on the highly topical issue of the reform of the European judicial system. Including copies of the major contributions to the debate from the institutions of the European Union, the volume aims both to provide a useful reference point for the major proposals currently under consideration and to stimulate further thinking on the subject. Contributors to this collection include Ross Cranston, Advocate General Francis Jacobs, Judge Pernilla Lindh, Henry Schermers, Anthony Arnull and Ole Due.

The first edition of this textbook presented students with a variety of humanities-based readings in an effort to provide them with a culturally responsive approach to analyzing legal cases. The second edition of A Socio-Legal Approach to Constitutional Law: Cases and Controversies builds upon the previous edition and provides students with a clearer thematic approach and an even deeper commitment to culturally responsive analysis. Unit I presents constitutional law as a way of framing historical social change. The dual nature of constitutionalism is examined through competing conceptions of sovereignty. Unit II digs deeper into how the social production of difference is resisted by those experiencing injustice. In Unit III, readers are provided with the opportunity to apply the newly learned socio-legal framework to cases organized by theme, including racial injustice, gender and reproductive rights, privacy interests, political action committees and corporate influence, immigration and education rights, and climate change policy. The final unit returns to the framing of the constitution as a contradictory document that both reflects and produces social inequality. Developed to help students examine the most pressing civic challenges and controversies of today, A Socio-Legal Approach to Constitutional Law is ideal for courses in constitutional law, civic engagement, law and society, governmental institutions, and democratic theory.

Indexes congressional and other government publications, books, pamphlets, reports, papers, and periodical materials that deal with aspects of the history of the Equal Rights Amendment.

This is one of the very first studies by Chinese and Western experts to examine the current picture of public administration in China. Mills and Nagel provide a general background into the nature of public administration in China, specific reforms in government agencies, personnel administration and compensation, and administrative law. Insiders and frequent visitors evaluate the state of public administration today for scholars, students, and practitioners in public administration and political science.

This unique appraisal opens with a general discussion of public administration in China and the teaching of administrative science. The second section defines basic concepts behind China's administration systems, current reforms, constraints on Chinese bureaucracy and coordination, and administrative law. The third section of the book describes efforts underway to promote a better quality of personnel, to appraise performance more fully, and to reevaluate methods of compensation. In conclusion, insiders to China provide current assessments of the situation in China currently in the field of public administration.