What role should the Senate play in the selection and confirmation of judges? What criteria are appropriate in evaluating nominees? What kinds of questions and answers are appropriate in confirmation hearings? How do judges interpret laws enacted by Congress, and what problems do they face? And what kinds of communications are proper between judges and legislators? These questions go to the heart of the relationship between the federal judiciary and Congress--a relationship that critically shapes the administration of justice. The judiciary needs an environment respectful of its mission; and the legislative branch seeks a judicial system that faithfully construes its laws and efficiently discharges justice. But the judicial-congressional relationship is hindered by an array of issues, including an ever-rising judicial caseload, federalization of the law, resource constraints, concerns about the confirmation process, increasing legislative scrutiny of judicial decisionmaking and the administration of justice, and debates about how the courts should interpret legislation. Drawing on the world of scholarship and from personal experience, Robert A. Katzmann examines governance in judicial-congressional relations. After identifying problems, he offers ways to improve understanding between the two branches. Copublished with the Governance Institute

Do you want to do well in Law from day one? Law is a challenging and competitive subject to study at university. You need to become familiar with its peculiar language and complicated practices as quickly as possible if you want to do well. Drawing on the experiences of hundreds of students, Studying Law at University demystifies your law course. With reliable tips and practical suggestions, it shows you how to: understand key legal concepts; read cases; take useful notes; become an active learner; manage your time; write law essays; sit law exams. Updated to take into account the increasing use of the internet, this second edition of Studying Law at University tells you everything you need to know to get good marks and enjoy your studies.

Analyzing informal trading practices and smuggling through the case study of Novi Pazar, this book explores how societies cope when governments no longer assume the responsibility for providing welfare to their citizens. How do economic transnational practices shape one's sense of belonging in times of crisis/precarity? Specifically, how does the collapse of the Ottoman Empire - and the subsequent migration of the Muslim Slav population to Turkey - relate to the Yugoslav Succession Wars during the 1990s? Using the case study of Novi Pazar, a town in Serbia that straddles the borders of Montenegro, Serbia and Kosovo that became a smuggling hub during the Yugoslav conflict, the book focuses on that informal market economy as a prism through which to analyze the strengthening of existing relations between the emigre community in Turkey and the local Bosniak population in the Sandzak region. Demonstrating the interactive nature of relations between the state and local and emigre communities, this book will be of interest to scholars and students interested in Southeastern Europe or the Yugoslav Succession Wars of the 1990s, as well as social anthropologists who are working on social relations and deviant behavior.

When approached by Plenum to put together a volume of social science research on the topic of "youth and justice," I found the interdisciplinary challenge of such a project intriguing. Having spent 2 years as Director of the Law and Social Science Program at the National Science Foundation, I was well aware of the rich diversity of research that could fit within that topic. I also knew that excellent research on youth and justice was coming from different communities of researchers who often were isolated from each other in their respective disciplines as psychologists, sociologists, criminologists, or policy analysts. I saw this project as an opportunity to break down some of this isolation by introducing these researchers-and their work-to each other and to the broader community of social scientists interested in law and justice. There was another gap, or set of gaps, to be bridged as well. The juvenile justice system and the criminal justice system differ in significant ways, and the civil justice system, which is a major venue for issues of youth and justice, is yet another separate world. Few researchers are likely to know the whole picture. For example, a focus on juvenile justice often ignores the extent to which civil justice proceedings shape the lives of young people through divorce, custody, adoption, family preservation policies, and other actions (and vice versa).

This book elucidates the link between the politics of a now seemingly permanent crisis in Europe and the politicisation of European integration. Looking at the epistemic dimension of crises, it suggests that the way in which a crisis is framed and contested determines its potential impact on the level of politicisation of European integration. Europe is more challenged and contested today than it has even been, facing crisis of an almost existential kind. Yet, political crises are manufactured and narrated, so Europe has the possibility to intervene and 'bring about her recovery', instead of letting these crises prove terminal. This book explores the political process in and through which certain events come to be framed as constitutive of a moment that requires a decisive intervention. It shows that crises require a double framing: a situation needs to be identified as one of crisis in the first place and, subsequently, the nature and character of the crisis need to be specified. By examining a wide range of policy areas, the book demonstrates that framing of crises, i.e., identifying one situation both as a crisis and a crisis of a particular kind, contributes to the politicisation (or depoliticisation) of the process of European integration. The chapters in this book were originally published as special issue of Journal of European Integration.

Hiermit wird eine Ubersetzung von Buch 1 des niederlandischen Burgerlichen Gesetzbuches in direkter Gegenuberstellung zum Originaltext vorgelegt. Dem Text geht eine kurze Einfuhrung in die gesetzlichen Regelungen voraus. Buch 2 des Burgerlijk Wetboek enthalt die Vorschriften uber juristische Personen. Geregelt sind der Verein, die Genossenschaft, der Versicherungsverein auf Gegenseitigkeit, die Aktiengesellschaft, die Gesellschaft mit beschrankter Haftung und die Stiftung. Enthalten sind u.a. auch Vorschriften uber Umwandlung, Verschmelzung und den Jahresabschlus. Des weiteren sind die neuen Vorschriften uber die Spaltung juristischer Personen aufgenommen worden. Der vorliegende Band bildet einen Teil der in dieser Reihe erscheinenden, vom niederlandischen Justitzministerium autorisierten Ubersetzung des gesamten niederlandischen Burgerlichen Gesetzbuches.

From New York Times bestselling author Cass Sunstein, a timely and powerful argument for rethinking how the U.S. Constitution is interpreted The U.S. Supreme Court has eliminated the right to abortion and is revisiting other fundamental questions today—about voting rights, affirmative action, gun laws, and much more. Once-arcane theories of constitutional interpretation are profoundly affecting the lives of all Americans. In this brief and urgent book, Harvard Law School professor Cass Sunstein provides a lively introduction to competing approaches to interpreting the Constitution—and argues that the only way to choose one is to ask whether it would change American life for the better or worse. If a method of interpretation would eliminate the right of privacy, allow racial segregation, or obliterate free speech, it would be unacceptable for that reason. But some Supreme Court justices are committed to “originalism,� arguing that the meaning of the Constitution is settled by how it was publicly understood when it was ratified. Originalists insist that their approach is dictated by the Constitution. That, Sunstein argues, is a big mistake. The Constitution doesn’t contain instructions for its own interpretation. Any approach to constitutional interpretation needs to be defended in terms of its broad effects—what it does to our rights and our institutions. It must respect those rights and institutions—and safeguard the conditions for democracy itself. Passionate and compelling, How to Interpret the Constitution is essential reading for anyone who is concerned about how the Supreme Court is changing the rights and lives of Americans today.

At the time of the adoption of the American Declaration on the Rights and Duties of Man in 1948, there was little indication that the Declaration would ultimately yield a highly institutionalized system comprised of a quasi-judicial Inter-American Commission and an authoritative Inter-American Court of Human Rights. Today, however, the Inter-American Human Rights System (IAHRS) has emerged as a central actor in the global human rights regime. This comprehensive volume explores the institutional changes and transformations that the IAHRS has undergone since its creation, offering contributions and insights from a variety of disciplines including history, law, and political science. The book shows how institutional change has affected and been affected by the System's normative leanings, rules of procedure and institutional design, as well as by the position of the IAHRS within the broader landscape of the Americas. The authors examine institutional change from a variety of angles, including the process of change in historical context, normative and legal developments, and the dynamic relationship between the IAHRS and other regional and international human rights institutions. This book was originally published as a special issue of The International Journal of Human Rights.

The right to privacy is a pivotal concept in the culture wars that have galvanized American politics for the past several decades. It has become a rallying point for political issues ranging from abortion to gay liberation to sex education. Yet this notion of privacy originated not only from legal arguments, nor solely from political movements on the left or the right, but instead from ambivalent moderates who valued both personal freedom and the preservation of social norms. In The Closet and the Cul-de-Sac, Clayton Howard chronicles the rise of sexual privacy as a fulcrum of American cultural politics. Beginning in the 1940s, public officials pursued an agenda that both promoted heterosexuality and made sexual privacy one of the state's key promises to its citizens. The 1944 G.I. Bill, for example, excluded gay veterans and enfranchised married ones in its dispersal of housing benefits. At the same time, officials required secluded bedrooms in new suburban homes and created educational campaigns designed to teach children respect for parents' privacy. In the following decades, measures such as these helped to concentrate middle-class families in the suburbs and gay men and lesbians in cities. In the 1960s and 1970s, the gay rights movement invoked privacy to attack repressive antigay laws, while social conservatives criticized tolerance for LGBTQ+ people as an assault on their own privacy. Many self-identified moderates, however, used identical rhetoric to distance themselves from both the discriminatory language of the religious right and the perceived excesses of the gay freedom struggle. Using the Bay Area as a case study, Howard places these moderates at the center of postwar American politics and shows how the region's burgeoning suburbs reacted to increasing gay activism in San Francisco. The Closet and the Cul-de-Sac offers specific examples of the ways in which government policies shaped many Americans' attitudes about sexuality and privacy and the ways in which citizens mobilized to reshape them.

Getting Immigration Right focuses on what is arguably the most important aspect of the current immigration debate: how best to understand and resolve illegal immigration from Mexico. The scale and character of illegal immigration is only one facet of the “immigration problem� currently before Congress and the president, but it is its most contentious and visible face. It is also the one part of the contemporary immigration story that attracts the most intense opposition, the most widely disseminated mythologies, and the most powerfully advocated solutions. What to do about illegal immigration from Mexico is a major political question of our time. The book’s wide-ranging and timely discussion includes legal and non-Mexican immigration. It sets the context of immigration before exploring the job experiences of illegal immigrants and their quest for the American dream. The contributors then focus on the causes and consequences—economic and social—of immigration, both legal and otherwise, and vividly describe the Latino experiences of illegality, including crossing the border and living in fear of deportation. In addition, the reform of immigration law is discussed from three distinct viewpoints: one conservative, one liberal, and one libertarian. The volume closes with its editors’ own proposals for comprehensive immigration reform. With a foreword by Alejandro Portes, a professor of sociology at Princeton University and author of Immigrant America: A Portrait.

Sarina Dönges het reeds in Nuwwe Stemme 2 gedigte gelewer met beeldryke omskrywings wat die leser deur drome op reis neem. Haar debuutbundel is ryk aan Bybelse intertekste, verwysings uit die kuns en teater. Bekende karakters en figure (Plato, Byron, Pope, Galileo, Boeddha, Dalí, Plath, Ana Blandiana) word betrek by haar verse oor verlore liefde, drome en die dood. Ook tree sy in gesprek met bekende Suid-Afrikaanse skrywers in ’n bundel wat ryk aan intertekste is.

ons het haar op ’n Meidag begrawe

in die boekery van ons gedagtes

(waar sy later stof sal opgaar) enklave

buite ons gebied ...

... verslete

in haar omslag, binne die bindwerk

broos, bly sy vir jou ’n geslote boek;

die dag in sy duifgrys pak, bloot boekmerk.

Updated to include the 2007 decision Gonzales v. Carhart, this volume provides all of the major Supreme Court decisions on abortion--as well as many majority, dissenting, and plurality opinions--carefully edited for use in undergraduate and graduate courses in a variety of disciplines. In his introductory essay, Shapiro sets these cases in political, historical, and philosophical context, and gives the reader a sense of what the main issues in the constitutional law of abortion are likely to be in the future.

This English-Russian legal dictionary covers the most frequently used criminal law terminology and court-related words and expressions. The terms are listed with Russian equivalents, definitions, and examples of usage in English with Russian translation. The appendix includes up-to-date samples of court documents translated into Russian. This reference will be useful for American-Russian cross-cultural communication involving legal matters, especially criminal law.

The demand for a reliable and up-to-date English-Russian legal reference has become evident since the end of the Cold War, which has led to extensive ties with the former Soviet Union in various areas. Particularly, criminal law needs references that bridge cross-cultural communication in the legal arena. The dictionary covers most frequently used legal terms, primarily from criminal law, and other court-related words and expressions. The terms are listed with Russian equivalents, definitions, and examples of usage in English with their Russian translation. The appendix includes current samples of court documents translated into Russian. This dictionary will be of interest to court interpreters, instructors and students of legal translation, and compilers of certification materials, as well as attorneys and law enforcement personnel who deal with Russian-speaking clients.

As a result of the COVID-19 pandemic, medical statistics and public health data have become staples of newsfeeds worldwide, with infection rates, deaths, case fatality and the mysterious R figure featuring regularly. However, we don't all have the statistical background needed to translate this information into knowledge. In this lively account, Stephen Senn explains these statistical phenomena and demonstrates how statistics is essential to making rational decisions about medical care. The second edition has been thoroughly updated to cover developments of the last two decades and includes a new chapter on medical statistical challenges of COVID-19, along with additional material on infectious disease modelling and representation of women in clinical trials. Senn entertains with anecdotes, puzzles and paradoxes, while tackling big themes including: clinical trials and the development of medicines, life tables, vaccines and their risks or lack of them, smoking and lung cancer, and even the power of prayer.

Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.

Reise kan soms net los oomblikke van belewing wees. Dis die verbande tussen die momente wat van 'n reeks ervarings 'n reis maak - 'n deurlopende belewing van ontdekking en verrassing, die prikkeling van nuutheid, die raakloop van bekendes. Hierdie titel is nie anders nie. Woorde as momente van taalbelewing maak sin in die verband van ander woorde. Maar dis lesers op hulle leestog wat woord met woord skakel. Die lees van 'n gedig is nie 'n passiewe ervaring nie; dis 'n ontdekking, 'n waagstuk, 'n herskepping en 'n belewing - 'n woordreis. "almal is important", lui die titel van die eenheid in die titel met gedigte oor mense. Dit kan ook gese word van die gedigte in hierdie titel: almal is important. Elke gedig is sorgvuldig gekies en het 'n spesifieke tuiste in die eenheid gekry. Lees gerus die bundel, of ten minste eenhede, van voor tot agter deur. 'n Verdere uitnodiging: lees die gedigte hardop.

An updated guide, and expert analysis on, the legal issues relating to common exemption clauses and unfair terms in legal contracts. It covers the incorporation and construction of the key clauses, as well as the relevant legislation. It will help you to understand: - the circumstances when a term will be incorporated into a contract - the modern approach to the interpretation of contracts by the contracts (and with particular types of clauses, for example in relation to negligence, entire agreement clauses, ‘fundamental breach’, etc) - clause by clause consideration of UCTA, including key concepts such as the meaning of the ‘requirement for reasonableness’ - clause by clause consideration of the unfair term provisions of the Consumer Rights Act 2015, and with paragraph by paragraph consideration of the potentially unfair terms in Schedule to the Act This edition includes coverage of: - Analysis of how the courts now interpret exclusion and liability clauses and other contract clauses, e.g.: --- after the decisions of the Supreme Court in Wood v Capita Insurance Services Ltd, and Rainy Sky SA and others v Kookmin Bank --- the treatment of 'stringent' exemption clauses, in the decision of Goodlife Foods Ltd V Hall Fire Protection Ltd --- the requirement for clear wording, such as where parties wish to avoid liability for non-fraudulent, pre-contract (mis)representations, e.g. in the decisions in AXA Sun Life Services pc v Campbell Martin Ltd and BSkyB Ltd v HP Enterprise Services UK Ltd -Coverage of the changes brought about by the Consumer Rights Act 2015, including: --- recent case law considering the effect and interpretation of unfair terms, particularly concerning the 'core' exemption, in the decisions of OFT v Abbey National plc and the later ECJ cases of Kásler and Mattei --- consideration of the list of potentially unfair terms found in Schedule 2 to the Act and the CMA analysis of them Legislation covered includes: - Consumer Rights Act 2015 - Unfair Contract Terms Act 1977 - Contracts (Rights of Third Parties) Act 1999 - Misrepresentation Act 1967 This title is included in Bloomsbury Professional's Company and Commercial Law online service.

Although Canada is regarded as one of the least corrupt countries, this volume draws on wide ranging evidence and innovative research from scholars around the world to challenge this assumption. Corruption, defined as the "abuse of entrusted power for private gain," is often understood as being caused by internally motivated greed leading to prohibited acts in contravention of laws, rules and regulations. It can also be defined as "dishonest action that destroys people's trust." These traditional forms of corruption pose problems for Canada in a variety of policy domains, as well as "institutional corruption" evidenced by deception and financial inconsistency that undermine the effectiveness and transparency of policy objectives. This volume contains chapters that investigate various areas of corruption in Canada, ranging from corruption amongst the First Nations, to the armed forces, to the delivery of foreign assistance. It also offers suggestions to reduce future outbreaks of corruption. Each chapter provides detailed empirical analysis evidenced through real world examples that highlight key lessons amidst the numerous challenges posed by corruption. This book was originally published as a special issue of the Canadian Foreign Policy Journal.

Current research on media and the law has generally been atheoretical and contradictory. This volume explains why pretrial publicity is unlikely to affect the outcome of most jury trials, despite many experimental studies claiming to show the influence of publicity. It reviews existing literature on the topic and includes results from the authors' own research in an effort to answer four questions:
*Does pretrial publicity bias the outcome of trials?
*If it has an effect, under what conditions does this effect emerge?
*What remedies should courts apply in situations where pretrial publicity may have an effect?
*How does pretrial publicity relate to broader questions of justice?

Reporting research based on actual trial outcomes rather than on artificial laboratory studies, "Free Press vs. Fair Trials" examines publicity in the context of the whole judicial system and media system. After a thorough review of research into pretrial publicity, the authors argue that the criminal justice system's remedies are likely to be effective in most cases and that there are much larger obstacles confronting defendants than publicity.

This book presents the first extensive study of the influence of pretrial publicity on actual criminal trials, with results that challenge years of experimental research and call for more sophisticated study of the intersection of media and criminal justice. It is required reading for scholars in media law, media effects, legal communication, criminal justice, and related areas.

Impoverishment and Asylum argues that a shift has taken place in recent decades towards construing asylum as primarily a political and/or humanitarian phenomenon, to construing it as primarily an economic phenomenon, and that this shift has had led to the purposeful impoverishment, by the state, of people seeking asylum in the UK. This shift has far-reaching consequences for people seeking asylum, who have been systematically impoverished as part of the effort to strip out any possibility of an economic pull factor leading to more arrivals, but also for those administering their support system, and for civil society organisations and groups who seek to ameliorate the worst effects of the resulting asylum regimes. This book argues that within this context asylum support policies in the UK which are meant to help and protect, in fact do serious harm to their recipients. It argues that the shift from construing asylum seekers as economically, rather than politically, motivated migrants across the West, is part of a much broader set of historical and philosophical worldviews than has previously been articulated. The book offers a rigorously researched and richly theorised analysis drawing on postcolonial and decolonial perspectives in making sense of the purposeful impoverishment by the state of a particular group of people, and why this continues to be tolerated in the fourth richest country in the world.