New Frontiers of State Constitutional Law: Dual Enforcement of Norms, edited by James A. Gardner and Jim Rossi, projects a new vision for state constitutional law through a collection of essays that reflect a shift in legal thinking about the relationship between national and subnational systems of constitutional law. This work charts a new course that gives voice to a recent, rising chorus of dissent among scholars and judges, namely that national and subnational systems of constitutional law cannot be adequately understood in isolation from one another. To the contrary, they are linked in a web of jurisprudential, social, and pragmatic connections structured by the American system of federalism. Here, multiple layers of constitutional law function together in a complex, interdependent process in which constitutional norms are developed, articulated, and enforced.
The essays illuminate the role that state constitutions must play in any theory of federalism, and exemplify a fresh approach to state constitutionalism by discussing a range of issues, including recent debates regarding state constitutional protections for same-sex marriage.
The entire work embraces the struggle between state and national power for dominance in American law and places both on equal ground. It contends that constitutional meaning in a federal system is never static and that it evolves over time. In addition to covering methods of judicial review, it discusses the handling of constitutional claims by courts at the state and national level and closely examines the way that courts and constitutions protect individual rights in a federal system.

This extensively updated textbook introduces the transport system and its societal impacts in a holistic and multidisciplinary way. A timely second edition, it includes new analyses of travel behaviour and the transport system’s impacts on health and well-being. Key Features: Guidance for transport policy evaluation methods and modelling approaches Systematic approach to analysing higher-order impacts of interventions in the transport system Discussion of topical issues in transport policy, including analysis of current transport innovations The use of case studies to highlight interconnected aspects of the transport system and their relevance to decision making Exploration of the role of transport systems in providing accessibility and their impact on the environment, safety, health and well-being International in scope, this textbook will be invaluable for undergraduate and postgraduate students studying disciplines such as transport policy and transport geography. It will also be useful to the professionals and policymakers in the transport industry.

Political theory is traditionally concerned with the justification and limits of state power. It asks: Can states legitimately direct and coerce non-consenting subjects? If they can, what limits, if any, constrain sovereign power? Public law is concerned with the justification and limits of judicial power. It asks: On what grounds can judges 'read down' or 'read in' statutory language against the apparent intention of the legislature? What limits, if any, are appropriate to these exercises of judicial power? This book develops an original constitutional theory of political authority that yields novel answers to both sets of questions. Fox-Decent argues that the state is a fiduciary of its people, and that this fiduciary relationship grounds the state's authority to announce and enforce law. The fiduciary state is conceived of as a public agent of necessity charged with guaranteeing a regime of secure and equal freedom. Whereas the social contract tradition struggles to ground authority on consent, the fiduciary theory explains authority with reference to the state's fiduciary obligation to respect legal principles constitutive of the rule of law. This obligation arises from the state's possession of irresistible public powers. The author begins with a discussion of Hobbes's conception of legality and the problem of discretionary power in administrative law. Drawing on Kant, he sketches a theory of fiduciary relations, and develops the argument through three parts. Part I shows that it is possible for the state to stand in a public fiduciary relationship to its people through a discussion of Crown-Native fiduciary relations recognized by Canadian courts. Part II sets out the theoretical underpinnings of the fiduciary theory of the state. Part III explores the implications of the fiduciary theory for administrative law and common law constitutionalism. The final chapter situates the theory within a broader philosophical discussion of the rule of law.

The American legal system is experiencing a period of extreme stress, if not crisis, as it seems to be losing its legitimacy with at least some segments of its constituency. Nowhere is this legitimacy deficit more apparent than in a portion of the African American community in the U.S., as incidents of police killing black suspects - whether legally justified or not - have become almost routine. However, this legitimacy deficit has largely been documented through anecdotal evidence and a steady drumbeat of journalistic reports, not rigorous scientific research. This book offers an all-inclusive account of how and why African Americans differ in their willingness to ascribe legitimacy to legal institutions, as well as in their willingness to accept the policy decisions those institutions promulgate. Based on two nationally-representative samples of African Americans, this book ties together four dominant theories of public opinion: Legitimacy Theory, Social Identity Theory, theories of adulthood political socialization and learning through experience, and information processing theories. The findings reveal a gaping chasm in legal legitimacy between black and white Americans. More importantly, black people themselves differ in their perceptions of legal legitimacy. Group identities and experiences with legal authorities play a crucial role in shaping whether and how black people extend legitimacy to the legal institutions that so much affect them. This book is one of the most comprehensive analyses produced to date of legal legitimacy within the American black community, with many surprising and counter-intuitive results.

This book provides law enforcement officials with the essential legal knowledge and practical acumen needed for the performance of their duties.

Bunkers are the lifeblood of the shipping industry - their availability, quality and, above all else, cost often determine whether a shipowner can operate efficiently and profitably. Cockett on Bunkers provides those involved in the shipping and oil industries with an understanding of the worldwide bunker fuel industry and a comprehensive manual that can be used as a reference in day-to-day bunker management and operation. Cockett on Bunkers contains up-to-date information on marine fuel standards and monitoring services, bunker buying techniques, bunker suppliers and the art of blending, pricing and bunkering operational procedures and takes into account recent developments in these areas.;Written in an accessible style with the emphasis on practical interpretation.

Part of the ""Carriage by Sea"" series, this second edition contains statistical information on coal consumption, production and trade, including comparative statistics by geographical area, together with full analysis. The carriage of coal by sea, including the specifications and problems of vessels used to carry coal, terminal operations and charterparties are also covered, as are some of the most frequently arising claims and preventative measures. The book is suitable for companies involved in the coal trades, including shipowners, operators, charterers, managers, shipbuilders and coal exporters and importers.

Now in its sixth edition with coverage of major Supreme Court decisions through the end of the 2013-2014 term, this book remains a key source for students, professors, and citizens seeking balanced, up-to-date information on the Constitution, its amendments, and how they have been interpreted. A document that is well past two centuries old, the U.S. Constitution remains as relevant and important today as during the time of our country's founding. Now in its sixth edition, this single-volume work offers a fair, non-partisan treatment of one of the most important documents in American history. The book begins with introductory background information on the U.S. Constitution and the Declaration of Independence and then presents a clause-by-clause explanation of the Constitution from the preamble through all of its amendments, addressing how each has been interpreted by the U.S. Supreme Court and other institutions throughout U.S. history. This fully updated edition of A Companion to the United States Constitution and Its Amendments incorporates numerous new developments in the four years since the previous edition, including the appointments of new Supreme Court justices, impactful cases involving First Amendment rights for students, the Affordable Care Act, National Security Agency (NSA) data gathering, voting rights, campaign finance law, DNA sampling, and the ongoing battle over gay rights. As with the previous editions, John R. Vile provides a balanced and thorough treatment that identifies key Supreme Court decisions and other interpretations of the document while abstaining from unnecessarily complex and confusing explanations. Provides an accessible and informative introduction to the creation, meaning, and continuing role of the Constitution that is suited for high school students, undergraduate audiences, law students and researchers, reference librarians, and interested citizens who want to understand the Constitution and its amendments Presents balanced treatments of all key constitutional provisions and up-to-date information on how key U.S. Supreme Court decisions have interpreted the Constitution Includes a glossary, highlights of constitutional history, and a fully updated appendix of the names and dates of U.S. Supreme Court Justices Includes copies of the U.S. Constitution and Its Amendments, the Declaration of Independence, and the Articles of Confederation

Charles Oertel bevind hom in ’n netelige posisie. Hy is ’n skatryk Vrystaatse boer en het sentimente jeens beide magte wat tydens die Anglo-Boereoorlog slaags raak. Bothma se noukeurige navorsing oor hierdie invloedryke man en sy nasate se lotgevalle tydens en na die oorlog bevestig geboekstaafde kennis maar bied ook nuwe inligting. Daarbenewens is dit ’n boeiende menslike verhaal wat die leser tot nadenke stem. Sou dit anders verloop het as dit nie vir die oorlog was nie? Keer die mens nie die punt van die punt van die swaard self op sy hart nie? Punt van die swaard was in 2005 op die kortlys vir die Louis Hiemstra-prys vir niefiksie.

The essays in this volume answer to anxieties that the pragmatist tradition has had little to say about justice. While both the classical and neo-pragmatist traditions have produced a conspicuously small body of writing about the idea of justice, a common subtext of the essays in this volume is that there is in pragmatist thought a set of valuable resources for developing pragmatist theories of justice, for responding profitably to concrete injustices, and for engaging with contemporary, prevailing, liberal theories of justice. Despite the absence of conventionally philosophical theories of justice in the pragmatist canon, the writings of many pragmatists demonstrate an obvious sensitivity and responsiveness to injustice. Many pragmatists were and are moved by a deep sense of justice-by an awareness of the suffering of people, by the need to build just institutions, and a search for a tolerant and non-discriminatory culture that regards all people as equals. Three related and mutually reinforcing ideas to which virtually all pragmatists are committed can be discerned: a prioritization of concrete problems and real-world injustices ahead of abstract precepts; a distrust of a priori theorizing (along with a corresponding fallibilism and methodological experimentalism); and a deep and persistent pluralism, both in respect to what justice is and requires, and in respect to how real-world injustices are best recognized and remedied. Ultimately, Pragmatism and Justice asserts that pragmatism gives us powerful resources for understanding the idea of justice more clearly and responding more efficaciously to a world rife with injustice.

This book provides the first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers-the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called 'the banality of evil'.
The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes-crimes against peace, war crimes, and crimes against humanity-as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defenses that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.

Ensuring an adequate, long-term energy supply is a paramount concern in Europe. EU member states now intervene by encouraging investment in generation capacity, offering an additional revenue stream for conventional power plants in addition to the existing, heavily subsidised investments in renewable energy sources. These capacity remuneration mechanisms (or simply capacity mechanisms) have become a hot topic in the wider European regulatory debate. European electricity markets are increasingly interconnected, so the introduction of a capacity mechanism in one country not only distorts its national market but may have unforeseeable consequences for neighbouring electricity markets. If these mechanisms are adopted by several member states with no supra-national coordination and no consideration for their cross-border impact, they may cause serious market distortions and put the future of the European internal electricity market at risk. This book provides readers with an in-depth analysis of capacity mechanisms, written by an expert team of policy-makers, economists, and legal professionals. It will be a first point of reference for regulators and policy-makers responsible for designing optimal capacity mechanisms in Europe, and will be an invaluable resource for academics and practitioners in the fields of energy, regulation, and competition.

European agencies have been created at a rapid pace in recent years in a multitude of highly pertinent and sensitive fields ranging from pharmaceuticals and aviation safety to chemicals or financial supervision. This agency phenomenon shows no signs of relenting, and the trend in recent years is towards the delegation of ever-broader powers. These bodies, meant to operate at arm's length from political control, have real power and their opinions and decisions can have a direct impact on individuals, regulators, and member states. Given the powers wielded by the agencies, who is responsible for holding these non-majoritarian actors to account? Is the growing concern surrounding agency accountability 'much ado about nothing' or are we faced with the threat of a powerful and unaccountable bureaucracy? These are precisely the questions that this book seeks to answer. It thus addresses one of the most relevant topics in current European governance: the accountability of European agencies. Scholars have increasingly called attention to the risk of placing too much power in the hands of such agencies, which operate at arm's length from traditional controls and cannot easily be held accountable for their actions. Although this is a major issue of concern, systematic empirical research into the topic is lacking. This book addresses empirically whether, and if so on what counts, agency accountability is problematic. It examines how the accountability system of European agencies operates at both the de jure as well as the de facto level, through an examination of legal provisions, relevant case law as well as policy documents and extensive interview material. Reflecting on these findings, the book also offers important theoretical insights for our understanding and study of accountability in a complex regulatory regime such as the EU context. The book follows a multi-disciplinary approach and is at the cutting edge of law and public administration.

In recent years, philosophical discussions of free will have focused largely on whether or not free will is compatible with determinism. In this challenging book, David Hodgson takes a fresh approach to the question of free will, contending that close consideration of human rationality and human consciousness shows that together they give us free will, in a robust and indeterministic sense. In particular, they give us the capacity to respond appositely to feature-rich gestalts of conscious experiences, in ways that are not wholly determined by laws of nature or computational rules. The author contends that this approach is consistent with what science tells us about the world; and he considers its implications for our responsibility for our own conduct, for the role of retribution in criminal punishment, and for the place of human beings in the wider scheme of things.
Praise for David Hodgson's previous work, The Mind Matters
"magisterial...It is balanced, extraordinarily thorough and scrupulously fair-minded; and it is written in clear, straightforward, accessible prose." --Michael Lockwood, Times Literary Supplement
"an excellent contribution to the literature. It is well written, authoritative, and wonderfully wide-ranging. ... This account of quantum theory ... will surely be of great value. ... On the front cover of the paper edition of this book Paul Davies is quoted as saying that this is "a truly splendid and provocative book." In writing this review I have allowed myself to be provoked, but I am happy to close by giving my endorsement to this verdict in its entirety " --Euan Squires, Journal of Consciousness Studies
"well argued and extremely important book." --Sheena Meredith, New Scientist
"His reconstructions and explanations are always concise and clear." --Jeffrey A Barrett, The Philosophical Review
"In this large-scale and ambitious work Hodgson attacks a modern orthodoxy. Both its proponents and its opponents will find it compelling reading." --J. R. Lucas, Merton College, Oxford

This collection of previously published essays by one of the world's most distinguished experts in international law provides a detailed analysis of some of the most complex issues to have occupied international lawyers over the last quarter century. Drawing on a lifetime's experience and knowledge, Mann provides uncompromising and sometimes controversial essays on a host of topics, including the doctrine of Jus Cogens in international law, Britain's Bill of Rights, international wrong, state corporations in international relations, the Barcelona Traction case, investment treaties, the Aminoil arbitration, uniform statutes, the State Immunity Act of 1978, inviolability, public rights, compound interest as an item of damage, and the judicial recognition of unrecognized states.

Trial preparation is a process that often commences immediately after the close of pleadings. It involves what may be categorised as: external procedural steps directed at the opposing litigant or third parties, such as requesting further particulars and replying to requests, making discovery and subpoenaing witnesses; internal acts of preparation, such as identifying the issues in a matter, determining the witnesses required to be called, preparing to lead and cross-examine witnesses and undertaking research on law. An extensive range of the steps to be taken are dealt with in this book. Where they involve matters of procedural and related law, the basic principles are set out and practical advice is given to assist in deciding when and how to use these legal procedures. Practical steps to prepare for trial are also dealt with in a manner that can be readily understood. To explain abstract concepts, several examples of pleadings in different types of actions (in an appendix) are used as illustrations.

Goyder's EC Competition Law is firmly established as a classic text on this area of law. The emergence of competition law has been one of the most important features of the EC and has had a significant impact on many aspects of UK business and economic life. This book provides a full account of its development since the inception of the EC in 1957.
Competition law is a complex and often highly technical subject which the authors have unlocked by exploring its historical origins and early developments before illustrating the main areas of substantive law. Covering all of the major areas studied on undergraduate and postgraduate courses, the book contains not only a full account of the substantive law and its social, political and economic context, but also a penetrating assessment of its practical effectiveness and likely future development.
Topics covered in this new, revised, fifth edition, include:
- the Modernization of the Enforcement of the EC Competition rules
- the new Block Exemption Regulations on Motor Vehicle and Distribution, and Technology Transfer Agreements
- the Commission review of Article 82 EC
- the new Merger Regulation
- recent developments in international aspects of EC competition law

This leading commentary on international commercial arbitration, now in its sixth edition, is an essential guide for arbitrators, lawyers, and students. Based on the authors' extensive experience as counsel and arbitrators, it provides an updated explanation of all elements of the law and practice of arbitration. This text provides an authoritative guide to the international arbitral process, from the drafting of the arbitration agreement to the enforcement of arbitral awards. The sixth edition has been updated to incorporate reference to the latest significant developments in the field such as the new LCIA, ICC and UNCITRAL Rules and new IBA Guidelines. There will also be an increased reference to international arbitral authority and practice from beyond Europe (China, India, and the US). Following the chronology of an arbitration, the book covers applicable laws, arbitration agreements, the establishment and powers of a tribunal, the conduct of proceedings and the role of domestic courts. In addition, it provides an in-depth examination of the award itself, and comments on the special considerations applying to arbitrations brought under investment treaties. It draws on examples of the rules and practice of arbitration at the International Chamber of Commerce, the London Court of International Arbitration, the American Arbitration Association, the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law.

Enchantment and Creed in the Hymns of Ambrose of Milan offers the first critical overview of the hymns of Ambrose of Milan in the context of fourth-century doctrinal song and Ambrose's own catechetical preaching. Brian P. Dunkle, SJ, argues that these settings inform the interpretation of Ambrose's hymnodic project. The hymns employ sophisticated poetic techniques to foster a pro-Nicene sensitivity in the bishop's embattled congregation. After a summary presentation of early Christian hymnody, with special attention to Ambrose's Latin predecessors, Dunkle describes the mystagogical function of fourth-century songs. He examines Ambrose's sermons, especially his catechetical and mystagogical works, for preached parallels to this hymnodic effort. Close reading of Ambrose's hymnodic corpus constitutes the bulk of the study. Dunkle corroborates his findings through a treatment of early Ambrosian imitations, especially the poetry of Prudentius. These early readers amplify the hymnodic features that Dunkle identifies as "enchanting," that is, enlightening the "eyes of faith."

The New Jersey State Constitution is a completely revised new edition that provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of New Jersey's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of New Jersey's constitution.
State constitutions perform different functions and contain different provisions from the more-familiar U.S. Constitution. The book first outlines the historical development of New Jersey's state constitution from 1776 to the present and explains the highlights of the process of state constitutional development, leading to the current New Jersey constitution. Next, each section of the current constitution is analyzed, including its origins, general intent and purpose, and important judicial interpretations illustrating the types of situations in which the section can come into play, including references to key academic analysis of each section. Careful explanation is provided, with illustrations from cases, of the complex and evolving relationship between rights guaranteed by the U.S. Constitution and rights guaranteed by the New Jersey constitution. In many instances, New Jersey's rights can be more protective than those included in the Federal Constitution. Finally, the book provides a thorough bibliographical essay reviewing the evolution of the New Jersey constitution.
The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.
Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

In Brexit and the Future of Private International Law in English Courts, Mukarrum Ahmed discusses the impact of Brexit upon jurisdiction, foreign judgments, and the applicable law in civil and commercial matters. By providing a commentary on the principal post-Brexit changes in England, this book faces towards the future of private international law in English courts. It utilises a once-in-a-generation opportunity to analyse, understand, and reframe some fundamental assumptions about the discipline with a view to suggesting adjustments and law reform. Ahmed argues that a conscious unlearning of the central precepts of EU private international law would be detrimental to the future of English private international law. The multilateral issues that lie ahead for the discipline rely on the legal epistemology of EU private international law, which also serves as a useful reference point when comparing aspects of English private international law. Unshackled from the EU's external competence constraints, the UK will have the opportunity to play a more prominent role in the development of the Hague Conference's global instruments. A methodologically pluralist approach to English private international law may be the best route to sustain its global leadership in this field, as well as simultaneously assimilating the best private international law developments from the Commonwealth, Europe, and beyond.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Presenting a concise, yet wide-ranging and contemporary overview of the field, this Advanced Introduction to Privacy Law focuses on how we arrived at our privacy laws, and how the law can deal with new and emerging challenges from digital technologies, social networks and public health crises. This illuminating and interdisciplinary book demonstrates how the history of privacy law has been one of constant adaptation to emerging challenges, illustrating the primacy of the right to privacy amidst a changing social and cultural landscape. Key features include: Incisive analysis of the meaning and value of privacy and the ways in which legal, social and economic institutions respond to our understanding of privacy in contemporary society A uniquely concise, contextual approach to privacy law, examining privacy as a constantly evolving social phenomenon and the legal implications of its mutability Historical and comparative insights into privacy and data protection laws across the common law world. This richly detailed book is an informative and thought-provoking resource for students, academics and practitioners of privacy and data protection law. Its interdisciplinary insights will also appeal to those working in legal history, media and cultural studies, economics and political science.