Article 1, Section 10 contains the most significant limits on state power found in the main text of the U.S. Constitution. Chief Justice John Marshall, perhaps the most important Justice in U.S. history, used this provision a number of times in a number of significant decisions to limit state power. These decisions effectively enhanced the power of our new federalist form of government. This book delves into the modern issues pertaining to state limitations by tracing its history and looking at today's most important factors. This work makes a valuable contribution to the understanding of the U.S. Constitution by detailing the most significant limits on state power. The many provisions studied in the book provide insights into the various aspects of constitutional interpretation. Coverage includes: ex post facto laws; prohibition against bills of attainder; the import export clause; the Dormant Commerce Clause; and limits on a state's ability to retroactively impair contracts.

Fully revised and updated, the third edition of Outcomes-Focused Regulation: Compliance in Practice brings practitioners up to date with recent and upcoming changes to the SRA Handbook and evolving regulation. Covering all the main requirements of the Handbook, the drivers behind them, and essential steps to remain compliant, it also provides practical tools to help firms formulate a compliance plan. Also included are real-life case studies from leading practitioners, giving critical insight into practical issues faced by compliance officers, and best-practice advice on good governance and compliance planning. Key features of this updated book include: * Information on the effects of the LSA and the changes it has brought; * An overview of the 16th version of the SRA Handbook; * The SRA Principles; * The SRA's approach to authorisation and its views on risk, including information from the Regulatory Risk Framework; * The SRA Code of Conduct and an explanation of its compliance requirements and risk management strategies in key areas such as client care, conflicts of interests, and confidentiality, referrals, outsourcing, separate businesses, and overseas practice; * An indicator of changes on the horizon and how the SRA is likely to respond; * The SRA's approach to supervision, including a reference to the indicators in the various supervision and enforcement strategies published by the SRA; * Advice on compliance planning; and * Case studies and practitioners' perspectives. This book is designed to assist firms to develop and strengthen their governance arrangements and risk management strategies as they become more familiar with outcomes-focused regulation. It also flags up new business opportunities available to firms through external investment and the use of separate businesses.

Teachers make a difference. As someone who grew up in one of the po- est and rural areas of a poor state and ended up attending elite graduate and professional schools, I have much to credit my public school teachers. My teachers sure struggled much to teach an amazingly wide variety of students from different backgrounds, abilities, and hopes. Given that re- ity, which undoubtedly repeats itself across the United States and globe, one would think that I should be quite hesitant to criticize a system that produces countless grateful students and productive citizens. I agree. The pages that follow surely can be perceived as yet another attack on already much maligned schools that do produce impressive outcomes despite their limited resources, increased obligations, and the sustained barrage of attacks from competing interest groups. Some may even view the text as an affront to the inalienable rights of parents to raise their children as they see fit. Others surely could understand the analysis as another assault on our decentralized legal and school systems that should retain the right to balance the needs of communities, parents, schools, and students. I clearly did not intend, and do not see the ultimate result, as yet another diatribe on the manner teachers, parents and communities treat students.

The first anthology to collect essays focusing on the legal rights of women of color around the world Global Critical Race Feminism is the first anthology to focus explicitly on the legal rights of women of color around the world. Containing nearly thirty essays, the book addresses such topical themes as responses to white feminism; the flashpoint issue of female genital mutilation; the intersections of international law with U.S. law; "Third World" women in the "First World;" violence against women; and the global workplace. Broadly representative, the reader addresses the role and status-legal and otherwise-of women in such countries as Cuba, New Zealand, France, Serbia, Nicaragua, Colombia, South Africa, Japan, China, Australia, Ghana, and many others. Authors include: Aziza al-Hibri, Penelope Andrews, Taimie Bryant, Devon Carbado, Mai Chen, Brenda Cossman, Lisa Crooms, Mary Dudziak, Isabelle Gunning, Anna Han, Berta Hernandez, Laura Ho, Sharon Hom, Rosemary King, Kiyoko Knapp, Hope Lewis, Martha Morgan, Zorica Mrsevic, Vasuki Nesiah, Leslye Obiora, Gaby Ore-Aguilar, Catherine Powell, Jenny Rivera, Celina Romany, Judy Scales-Trent, Antoinette Sedillo Lopez, J. Clay Smith, and Leti Volpp.

Women's needs are placed at the centre of this collection. The contributors discuss the extent to which the contemporary legal framework on abortion matches the needs of women faced with unwanted pregnancy. The book contains sections on Britain, including an account of the campaign to legalize abortion, written by those centrally involved with that campaign; international comparisons of abortion law, with chapters on France, the United States, Ireland and Poland; and chapters covering contemporary debates, including men's rights in abortion and abortion for foetal abnormality.

This study examines contemporary questions surrounding the process by which the U.S. Constitution can be amended. Beginning with a description of the mechanism and history of the constitutional amending process in America, the work considers five major questions surrounding the amending process. The question of justiciability: whether the courts should have authority to settle amending issues or whether they are political questions beyond the court's purview. The question of standards: what standards of review should be used. The question of safety: the safety of invoking the constitutional convention mechanism. The question of exclusivity: whether there are legal means of changing the Constitution short of Article V. And the question of limitations: whether there are any unstated constitutional limits on the amending process.

Why has the federal government played an ever-expanding role in our educational system? What controversial political and social issues led to the enactment of landmark education laws by the U.S. Congress? Have you considered the impact of some of the most important federal education laws--the G.I. Bill of Rights, college loan programs, funding of black colleges, school lunch programs, creation of Head Start, special education programs, bilingual education, and equal funding for girls' athletics? This unique reference work provides an explanation and discussion of each landmark law followed by the actual text of key passages of the law, which have been carefully edited for students. Nineteen landmark laws are covered, from the Land Ordinance of 1785, which set aside land in the western territories for the creation of schools, to Goals 2000: Educate America Act, Bill Clinton's ambitious agenda for student education by the year 2000.

The entry on each landmark law consists of the following sections: a discussion of the intent and purpose of the legislation; a summary of the substance of the law, including an explanation of difficult-to-understand terms and concepts; an examination of the politics and legislative history of the act; a summary of the impact of the law; the actual text of key passages of the law. The laws are organized chronologically. An introductory overview of the federal government's role in education, followed by a detailed timeline of milestones in the history of U.S. education, places the topic in historical context.

A team of expert contributors provides an in-depth exploration of police use of force, firearms, and less-than-lethal weapons from a dozen countries across five continents. Police Use of Force: A Global Perspective is a fascinating, international exploration of police use of force, firearms, and less-than-lethal weapons in nations around the world. The book is comprised of three sections: the first focuses on the use of force generally, the second explores firearms and deadly force, and the final section considers less-than-lethal weapons, including pepper spray, TASERs, and other emerging technologies currently on the horizon. The essays gathered here will provide readers with an understanding of the vast differences in how police use force in various countries, as well as why police use force differently under different forms of government. Topics covered include use-of-force definitions, training procedures, policy issues, abuse of police authority, use of force during interrogations, and the use of firearms by armed and unarmed police forces. Finally, there is an essay focusing on how shooting and killing a suspect impacts an officer in the months and years that follow.

This work explores the philosophy, actions, and policies of the Interstate Commerce Commission by focusing on the development of its railroad regulation practices, particularly since 1976. Richard Stone traces the radical change in the ICC's view of the rail industry, from the maximum control it exercised for many years through the unilateral deregulation that was begun in 1978. He considers the forces and pressures that contributed to the Commission's actions, including Congress, the president, the railroads, rail shippers, and academicians.

The book begins with two chapters that survey the history of the ICC and rail regulation through the mid-1970s. Stone then turns to the events of 1976, when the seeds of deregulation were sown with the election of Jimmy Carter and the passage of the Railroad Revitalization and Regulatory Reform (4R) Act. Subsequent chapters cover the years between the 4R Act and the Staggers Act, which were characterized by the Commission's changing attitude toward rail regulation; the background and provisions of the 1980 Staggers Act and the events that followed it; and the recent events and changes in philosophy that have taken place at the ICC with regard to the rail industry. This study, the first to be published on the ICC since 1976, follows that body's transformation from a powerful independent commission to a much smaller and less influential institution. The work will be a valuable resource for students of public policy, transportation studies, and political science.

Volume 22 of "Studies in Law, Politics and Society" presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law, and examines the law's violence, law in literature and film, family life and family policy, and new perspectives in sociolegal theory. Together these articles demonstrate the work being done in interdisciplinary legal scholarship.

Der Band dokumentiert eine gemeinsame Veranstaltung des Mainzer Medieninstituts und der Kölner Forschungsstelle für Medienrecht in Kooperation mit dem 18. Medienforum NRW im Juni 2006. Gegenstand der Diskussion waren die Anfang des Jahres 2006 getroffenen Entscheidungen des Bundeskartellamtes und der Kommission zur Ermittlung der Konzentration im Medienbereich (KEK) zu der zu dieser Zeit geplanten Übernahme der ProSiebenSAT.1 Media AG durch die Axel Springer AG. In beiden Entscheidungen werden über den konkreten Fall hinaus Grenzen für Markt- und Meinungsmacht aufgezeigt, die auf ein unterschiedliches Echo gestoßen sind. Anliegen der Veranstaltung war es, den Beteiligten an der kontrovers diskutierten und schließlich gescheiterten Fusion ein Forum zu verschaffen.

Improvement of man's genetic endowment by direct ac tions aimed at striving for the positive propagation of those with a superior genetic profile (an element of which is commonly recognized as a high intelligence quotient) or-conversely-delimitation of those with negative genetic inheritance has always remained a pri mary concern of the geneticist and the social engineer. Genetic integrity, eugenic advancement, and a strong genetic pool designed to eliminate illness and suffering have been the benchmarks of the "Genetic Movement" and the challenge of Orwell's Nineteen Eighty-Four. If the quality of life can in some way be either im proved or advanced by use of the law, then this policy must be developed and pursued. No longer does the Dostoyevskian quest to give life meaning through suf fering become an inescapable given. By and through the development and application of new scientific advances in the field of genetics (and especially genetic engi neering), the real potential exists to prevent, to a very vii Preface viii real extent, most human suffering before it ever mani fests itself in or through life. Freedom to undertake re search in the exciting and fertile frontiers of the "New Biology" and to master the Genetic Code must be nur tured and maintained. The search for the truth inevi tably prevents intellectual, social, and economic stag nation, as well as-ideally-frees all from anxiety and fright. Yet, there is a very real potential for this quest to confuse and confound."

Integrating behavioral, psychoanalytic, and biological perspectives into a unique multi-modal approach, the authors present a new diagnostic and treatment methodology which is flexible enough to account for individual variations in sexually perverse disorders. Alongside this methodology, they highlight the key issues concerning these disorders to provide the general practicing clinician with a practical guide for treating the sexually deviant patient.

Die plaag is tegelykertyd reisverhaal, avontuurverhaal, speurverhaal, natuurkundige artikel, letterkundige studie en historiese ondersoek. Die skrywer – 'n Belgiese joernalis – reis na Suid-Afrika op soek na die "dowwe spoor" van Eugene Marais, en word uiteindelik met veel meer as dooie historiese gegewens beloon. Die Nederlandse uitgawe van Die Plaag het die Debuutprijs vir 2002 verower en was op die kortlys van die Gouden Uil-literatuurprys vir 2002. Die vertaling van Van Reybrouck se Nederlandse teks in Afrikaans deur die bekende digter en omroeper doktor Daniel Hugo is ’n onmisbare toevoeging tot Afrikaanse lesers se kennis van die merkwaardige Eugene Marais se lewe. Hiermee word kultuurgoedere wat deur ’n Vlaming nagespoor en opgeteken is as ’t ware huis toe gebring.

Unfallflucht (§ 142 StGB) ist egoistisch, gemein und gesellschaftsschädigend, aber ist das Verhalten strafbar? Die sogenannten Besonderheiten des Straßenverkehrs scheinen die Notwendigkeit der Strafbarkeit zu legitimieren. Eine genaue und sachliche Untersuchung der - scheinbaren - Begründung offenbart jedoch deren emotionsbehaftete Widersprüchlichkeit und Unhaltbarkeit gemessen an elementaren (straf)rechtlichen Prinzipien.

Stephen Cretney has long been regarded as the leading English scholar in the field of family law, as prolific as he is profound. From textbooks that provided guidance to generations of students to the crowning achievement of Family Law in the Twentieth Century: A History, his writing has always been a model of elegance and erudition. Even if the essays in this book had not been written in his honour, they would inevitably have had to rely heavily on his work. Private ordering, marriage, civil partnership, cohabitation, children, separation, divorce - the entire spectrum of family law is covered here - have all benefited from his insightful comments and meticulous scholarship. What also became apparent from the rush of judges and academics (including both established and up-and-coming researchers) wanting to contribute to this work is the equally high personal regard in which Stephen Cretney is held by his - for want of a better word - 'peers'. This book is a labour of love. With a foreword by Nicholas Wilson and contributions by Andrew Bainham, Chris Barton, Elizabeth Cooke, Ruth Deech, Gillian Douglas, John Eekelaar, Stephen Gilmore, Brenda Hale, Sonia Harris-Short, Joanna Harwood, Jonathan Herring, Sue Jenkinson, Sanford N. Katz, Penny Lewis, Nigel Lowe, Mavis Maclean, Judith Masson, Joanna Miles, Walter Pintens, Christine Piper, Rebecca Probert, Neil Robinson, Simon Rowbotham, and Jens M. Scherpe.

This book covers five areas of family property law in Europe: matrimonial property law, family contracts (issues of autonomy), the legal protection of older people, the freedom of testation and protection of family members, and the unification of private international law. All of these issues are highly relevant as Europe is at a key stage in its development with all societies experiencing broadly similar demographic trends and facing the social and legal policy challenges that accompany them. The increase in international mobility and multi-jurisdiction couples poses increased pressure to provide private international law solutions and prompts calls for substantive harmonization. The high divorce rate in many jurisdictions means that matrimonial property and maintenance issues affect more families. Other social changes - such as an increased maternal labor market attachment - invite reconsideration of the basis for financial relief between spouses in divorce. All jurisdictions are also experiencing growth in cohabitation and extra-marital births. In short, family structures are becoming more complex. This raises questions concerning the division of property, both on separation or following death, where the appropriate priority among the diverse range of surviving family members needs to be resolved. Moreover, as fertility rates decline and populations age, increasing numbers of older people require costly personal and medical care, prompting a new set of questions for law and society to resolve. These issues are discussed throughout the book. (Series: European Family Law - Vol. 29)

We would expect a successful series such as Critical Issues in American Psychiatry and the Law to present timely, relevant issues in a high-quality manner, and such is the hallmark of this outstanding series. But we might not expect the editors to dive into the especially controversial issues, e.g., ethics, and I applaud them for doing so and in such a comprehensive and thorough fashion. Public and professional concern about ethical aspects of psychiatrists' be havior and practice is growing, and exponentially. Concern about the ethical practice of modern forensic psychiatry is paralleled by deep-seated apprehen sion not only about the ethical dilemmas of psychiatry and medicine (e.g., societal versus individual patient values, the corporatization of medicine, access to versus cost of medicine) but also about the widely publicized ethical trans gressions of religious and political leaders. That's why this volume is so timely and important. Ethics-the principles and rules of right conduct. Sounds simple. We know it is not. When I'm asked by colleagues to consider the perceived unethical behavior of a fellow professional, I often find that, like obscenity, they can't always define it but they are definite that they know it when they see it. The perception of ethical conduct often appears to be in the eyes of the beholder. read this volume. It may not always please you, Well, that's why you will want to it may upset you and even offend you, but it will definitely inform you."

In today's modern, techno-centric world with its endless endless supply of data, and the multitude of ways to collect and utilize it, Intelligence has become the best tool for law firms when it comes to understanding client needs, offering quality value-oriented services, and garnering and retaining business. Ark Group's new report Strategic Intelligence for Law Firms offers a robust overview of how, and why, strategic use of intelligence can foster real results in your firm. Featuring advice and case studies from experts in business development; analytics; and the ABC of artificial, business, and competitive intelligence, Strategic Intelligence for Law Firms covers topics including: - Client success through better intelligence - Why client intelligence is (or should be) the new CI for law firms - Balancing pricing and client perceptions of value - Utilizing multiple intelligence sources to create an opportunity scoring assessment - Developing a CI function in a resource-constrained environment - Compiling a useful and user-friendly competitive intelligence report - Design, Thinking, and the why of BI - Using software to increase access to legal services - The evolution from business intelligence to artificial intelligence With insight, opinion, and practical working knowledge from the likes of Mark Medice and Jennifer Roberts Intapp, Zena Applebaum, Bennett Jones LLP, Peter Lane-Secor, Pepper Hamilton LLP, Patrick Fuller, Neota Logic Inc., Annie Johnson, Pillsbury Winthrop Shaw Pittman, Mark A. Gediman, Best Best & Krieger, Ed Walters and Jeffrey Asjes, Fast Case, Joanna Goodman, Law Society Gazette and The Guardian and John Alber, ILTA Strategic Intelligence for Law Firms will help all law firm leaders establish a flexible intelligence strategy that will address the current and future strategic needs of the firm.

"Powerful."
"--Mary Frances Berry, Journal of American History"

"A painstakingly researched, scientific, psychological, sociocultural, and constitutional history of race. The Smart Culture is one of our generation's most powerful indictments of insidious racism and meritocracies."
"--The Law and Politics Book Review"

"A passionate attack on pervasive American cultural assumptions of natural inequality. The book provides a fine history of antiblack discrimination and of the racist and nativist bases of the developers of standardized intelligence tests."
"--Choice"

What exactly is intelligence? Is it social achievement? Professional success? Is it common sense? Or the number on an IQ test?

Interweaving engaging narratives with dramatic case studies, Robert L. Hayman, Jr., has written a history of intelligence that will forever change the way we think about who is smart and who is not. To give weight to his assertion that intelligence is not simply an inherent characteristic but rather one which reflects the interests and predispositions of those doing the measuring, Hayman traces numerous campaigns to classify human intelligence. His tour takes us through the early craniometric movement, eugenics, the development of the IQ, Spearman's "general" intelligence, and more recent works claiming a genetic basis for intelligence differences.

What Hayman uncovers is the maddening irony of intelligence: that "scientific" efforts to reduce intelligence to a single, ordinal quantity have persisted--and at times captured our cultural imagination--not because of their scientific legitimacy, but because of their longstanding political appeal. The belief in a naturalintellectual order was pervasive in "scientific" and "political" thought both at the founding of the Republic and throughout its nineteenth-century Reconstruction. And while we are today formally committed to the notion of equality under the law, our culture retains its central belief in the natural inequality of its members. Consequently, Hayman argues, the promise of a genuine equality can be realized only when the mythology of "intelligence" is debunked--only, that is, when we recognize the decisive role of culture in defining intelligence and creating intelligence differences. Only culture can give meaning to the statement that one person-- or one group--is smarter than another. And only culture can provide our motivation for saying it.

With a keen wit and a sharp eye, Hayman highlights the inescapable contradictions that arise in a society committed both to liberty and to equality and traces how the resulting tensions manifest themselves in the ways we conceive of identity, community, and merit.

There is almost no political question in the United States, wrote Alexis de Tocqueville, that is not resolved sooner or later into a judicial question. The U.S. Supreme Court is the ultimate arbiter of judicial questions, weighing the laws enacted by the people's representatives against the inviolable fundamental law embodied in the U.S. Constitution. Virtually every vital political and social issue comes before the Court: abortion, affirmative action, capital punishment, elections and voting, gay rights, gun control, separation of church and state, and more. This book presents living law, the case-by-case shaping of the law on each of these controversial issues, in the justices' own words and with informative commentary.

There is almost no political question in the United States, wrote Alexis de Tocqueville, that is not resolved sooner or later into a judicial question. The U.S. Supreme Court is the ultimate arbiter of judicial questions, weighing the laws enacted by the people's representatives against the inviolable fundamental law embodied in the U.S. Constitution. Virtually every vital political and social issue comes before the Court: abortion, affirmative action, capital punishment, elections and voting, gay rights, gun control, separation of church and state, and more. This book presents living law, the case-by-case shaping of the law on each of these controversial issues, in the justices' own words.

; Guide to the Court's functions and the ways in which it goes about its work

; Topically organized sequences of cases through which the law on particular issues evolved, including the facts of each case; the specific issues before the Court; the Court's decision, embodied in the text of the majority opinion; an account of all opinions handed down; and excerpts from the most influential concurrences and dissents

; Commentary summarizing current federal law on each of the controversial topics covered, with notes on the historical background--and in some cases the turbulent aftermath--of the Court's decisions