Constitutional and administrative law: general Books

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Book SynopsisTrade ReviewOver the past three decades, Richard A. Epstein has repeatedly argued—with analytical rigor and astonishing erudition—that governments govern best when they limit their actions to protecting liberty and property…Mr. Epstein believes that constitutional law lost its way when it began to embrace a Progressive vision, according to which rights are created by a supposedly benevolent state…[He] vividly shows us how constitutional law would look if we gave priority to individual rights—something that we have not done for almost a century. * Wall Street Journal *Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus…Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood…All of Epstein’s particular discussions are instructive, and most of them are provocative…Epstein has written a passionate, learned, and committed book. * New Republic *[An] important and learned book. * Times Literary Supplement *The central mission of The Classical Liberal Constitution is to go against the grain of modern Supreme Court jurisprudence and much of the legal scholarship that has grown up around that body of work. The motivation for this argument should be apparent from the major disarray that infects every area of modern American life: steady decline in the average standard of living; constant battles over debt limits and fiscal cliffs; uncertainty over key elements of the tax structure; massive overregulation of the most productive sources in society (health care and financial services); government-inspired brinksmanship in labor negotiations; and runaway redistribution programs that undercut the economic production that makes these programs viable. All of these major programs could not have happened under the original constitutional structure, faithfully interpreted in light of changed circumstances. The confluence of these events cannot be dismissed as the result of random noise or simple mistakes. Rather, they are the ultimate consequence of the profound progressive break with the classical liberal tradition that was the guiding genius in the drafting and interpretation of the Constitution. * From the book *

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Book SynopsisFocuses on the state of liberty and shows how longstanding restraints against tyranny - and the rights of habeas corpus, trial by jury, and due process of law, and the prohibition of torture - are abridged. This book demonstrates how these ancient rights are laid aside when the greed of privatization and the ambition of empire seize a state.Trade Review"With a passion, eloquence and lyrical reverence for the hard-won freedoms of Old England that take the breath away." The Independent "The year's most lyrical and necessary book on liberty. The Magna Carta Manifesto is such a pleasure to read." -- John Nichols The Nation "Shows how restraints against tyranny are being abridged as rights once held inalienable are laid aside." Times Higher Education "Linebaugh should be commended for the impressive scope of his analysis." Insight TurkeyTable of ContentsIllustrations Preface 1. Introduction 2. Two Charters 3. The Commodity and the Commons 4. Charters Lost and Found 5. The Charters in Blackface and Whiteface 6. 1776 and Runnamede 7. The Law of the Jungle 8. Magna Carta and the U.S. Supreme Court 9. Icon and Idol 10. This Land Was Made by You and Me 11. The Constitution of the Commons 12. Conclusion Appendix 1. Magna Carta 2. The Charter of the Forest Glossary Further Reading Index

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Book SynopsisAs constitutional law globalizes, the quest for a common grammar or ''generic constitutional law'' becomes more pressing. Proportionality is one of the most prominent and controversial components of the modern, global constitutional discourse. In view of the alarming tension between the triumphant success of proportionality and the severity of the criticism directed towards it, this book offers an in-depth analysis of the critics of proportionality and demonstrates that their objections against the proportionality test are not convincing. It clarifies and further develops the current theories of proportionality and balancing. Building upon on Robert Alexy''s predominant principles theory, the book suggests several modifications to this theory. Drawing examples from the case law of the European Court of Human Rights, the European Court of Justice, and various national constitutional courts it illustrates the argument in favour of proportionality and demonstrates its relevance for decidiTable of ContentsIntroduction ; 1. The Structure of the Proportionality Test ; 2. Rights, Interests, and Trumps ; 3. The Method of Balancing ; 4. Discretion and Deference ; 5. Positive Rights and Proportionality Analysis ; 6. Epistemic Reliabilities in Proportionality Analysis ; 7. Case Analysis: Otto-Preminger-Institut v Austria ; 8. Results

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Book SynopsisThis landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law.Trade Review'A comprehensive index closes this overall impressive volume... all future studies in this field will be well advised to take advantage of the highly inspiring and thought-provoking articles collected in this volume.' --Manfred Stelzer, ZOER (Journal of Public Law)'This book is a research handbook on comparative constitutional law and contains a valuable compilation of articles on different aspects of this interesting topic. . . this is a valuable book that will assist those interested in putting the constitutional aspects of EU law in a wider comparative perspective. The extensive literature references included at the end of each article make the book a valuable starting point for those interested in a specific part of comparative constitutional law. At the same time many articles also provide relatively in-depth discussions of specific constitutional orders in itself.' --Nik de Boer, Common Market Law ReviewTable of ContentsContents: 1. Introduction Rosalind Dixon and Tom Ginsburg PART I: CONSTITUTIONAL DESIGN AND REDESIGN 2. Drafting, Design and Gender Helen Irving 3. Participation in Constitutional Design Justin Blount 4. Transitional Justice and the Transformation of Constitutionalism Ruti Teitel 5. Constitutional Drafting and External Influence Zaid Al-Ali 6. Constitutional Amendment Rules: A Comparative Perspective Rosalind Dixon 7. Constitutional Endurance Tom Ginsburg PART II: CONSTITUTIONAL IDENTITY 8. The Formation of Constitutional Identities Gary J. Jacobsohn 9. Citizenship and the Boundaries of the Constitution Kim Rubenstein and Niamh Lenagh-Maguire 10. Comparative Constitutional Law and Indigenous Peoples: Canada, New Zealand and the USA Claire Charters 11. A New Global Constitutional Order? David Schneiderman PART III: CONSTITUTIONAL STRUCTURE 12. Legislative-Executive Relations José Antonio Cheibub and Fernando Limongi 13. The Separation of Legislative and Executive Powers Ronald J. Krotoszynski, Jr. 14. Political Parties and Constitutionalism Richard H. Pildes 15. The Rise of Specialized Constitutional Courts Victor Ferreres Comella 16. The Interplay of Constitutional and Ordinary Jurisdiction Frank I. Michelman 17. Constitutional Experimentation: Rethinking How a Bill of Rights Functions Janet L. Hiebert 18. The Rise of Weak-form Judicial Review Mark Tushnet 19. Constitutions and Emergency Regimes Oren Gross 20. Federalism, Devolution and Secession: From Classical to Post-conflict Federalism Sujit Choudhry and Nathan Hume PART IV: INDIVIDUAL RIGHTS AND STATE DUTIES 21. The Structure and Scope of Constitutional Rights Stephen Gardbaum 22. The Comparative Constitutional Law of Freedom of Expression Adrienne Stone 23. Comparative Constitutional Law and Religion Ran Hirschl 24. Autonomy, Dignity and Abortion Donald P. Kommers 25. Human Dignity in Constitutional Adjudication Paolo G. Carozza 26. Equality Kate O’Regan and Nick Friedman 27. The Right to Property Tom Allen 28. Socio-economic Rights: Has the Promise of Eradicating the Divide between First and Second Generation Rights Been Fulfilled? Dennis M. Davis 29. Comparative Constitutional Law and the Challenges of Terrorism Law Kent Roach 30. Legal Protection of Same-sex Partnerships and Comparative Constitutional Law Nicholas Bamforth PART V: COURTS AND CONSTITUTIONAL INTERPRETATION 31. Judicial Engagement with Comparative Law Cheryl Saunders 32. Constitutional Interpretation in Comparative Perspective: Comparing Judges or Courts? Vicki C. Jackson and Jamal Greene 33. Docket Control and the Success of Constitutional Courts David Fontana Index

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Book SynopsisBroken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation''s founding. Frank Pommersheim, one of America''s leading scholars in Indian tribal law, offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. He demonstrates that the federal government has repeatedly failed to respect the Constitution''s recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. Pommersheim argues that the Supreme Court has strayed from its Constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes. Closing with a proposal for a Constitutional amendment that would reaffirm tribal sovereigTable of ContentsPart One: The Early Encounter ; 1. Introduction: A New Challenge to Old Assumptions ; 2. Early Contact: From Colonial Encounters to the Article of Confederation ; 3. Second Opportunity: The Structure and Architecture of the Constitution ; 4. The Marshall Trilogy: Foundational but Not Fully Constitutional? ; 5. Lone Wolf v. Hitchcock: The Birth of Plenary Power, Incorporation, and an Extraconstitutional Regime ; Part Two: Individual Indians and the Constitution ; 6. Elk v. Wilkins: Exclusion, Inclusion, and the Ambiguities of Citizenship ; 7. Indians and the First Amendment: The Illusion of Religious Freedom? ; Part Three: The Modern Encounter ; 8. Indian Law Jurisprudence in the Modern Era: A Common Law Approach Without Constitutional Principle ; 9. International Law Perspective: A New Model of Indigenous Nation Sovereignty? ; 10. Conclusion: Imagination, Translation, and Constitutional Convergence

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Book SynopsisThe Rule of Recognition and the U.S. Constitution is a volume of original essays that discuss the applicability of Hart''s rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The volume makes a contribution both in jurisprudence, using the U.S. as a test case that highlights the strengths and limitations of the rule of recognition model; and in constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, the legitimacy of unwritten sources of constitutional law, the choice of methods for interpreting the text of the Constitution, and popular constitutionalism.

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Book SynopsisAn examination of the US constitution, providing an analysis from a legal perspective of the first six congresses constituting the federalist period. The book aims to establish that the Constitution was forged, not in the courts, but in the legislative and executive branches of government.

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Book SynopsisTo be effective, government must be run by professional managers. When decisions that should be taken by government officials are delegated to private contractors without adequate oversight, the public interest is jeopardized. Verkuil uses his inside perspectives on government performance and accountability to examine the tendencies at both the federal and state levels to ''deprofessionalize'' government. Viewing the turn to contractors and private sector solutions in ideological and functional terms, he acknowledges that the problem cannot be solved without meaningful civil service reforms that make it easier to hire, incent and, where necessary, fire career employees and officials. The indispensable goal is to revitalize bureaucracy so it can continue to competently deliver essential services. By highlighting the leadership that already exists in the career ranks, Verkuil senses a willingness, or even eagerness, to make government, like America, great again.Trade Review'Paul R. Verkuil is one of the most knowledgeable observers of American government, and understands better than anyone the reasons why it appears to be so ineffective to many Americans. This book points directly to the underlying problem of government outsourcing, and to some possible solutions.' Francis Fukuyama, Olivier Nomellini Senior Fellow, Stanford University, California'Paul R. Verkuil knows how government works inside and out, from his own service to his many roles studying and analyzing policy and process. This deep and insightful book is concrete and deep, using real life examples of government successes and failures, along with the folly of outsourcing and privatization, to make the case for how and why professional government saves and improves lives. At a time when professional experience in government is widely disdained, Valuing Bureaucracy is a vital corrective.' Norman Ornstein, American Enterprise Institute, Washington, DC'This isn't an easy time to make the powerful, impassioned, and important argument of Paul R. Verkuil's book. But that makes it all the more important that his message gets through. Government bureaucracy does an enormous number of important things that we value - and that we miss when they aren't done well. In this lively and engaging book, Verkuil makes the inescapable point that we need and want much of what government does - and that even a smaller government requires a government that's even more professional. There's no more important time for us to hear the message that Verkuil's invaluable experience teaches.' Donald F. Kettl, University of Maryland, College Park'Marshalling years of experience as a visionary scholar, lawyer, and public servant, Paul R. Verkuil has done it again. Verkuil's perfectly timed study of bureaucratic professionalism exposes the moral and practical bankruptcy of contemporary anti-government rhetoric and corresponding initiatives. And it presents a persuasive case and a clear blueprint for recommitting ourselves to dynamic, innovative, and highly effective public administration. Valuing Bureaucracy is a must read for government officials, legal scholars, students of politics and government, and anyone else seeking, in Verkuil's words, to 'make government great again'.' Jon D. Michaels, University of California, Los Angeles, School of Law'Government is under siege - at the federal, state and local levels. Valuing Bureaucracy brings an invaluable and comprehensible perspective on how to restructure and defend the public sector. Drawing on current events, academic research and his own recent experience as Chairman of the Administrative Conference of the United States, Paul R. Verkuil convincingly evaluates the strengths and weaknesses of government agencies and private alternatives, and offers cogent reforms. No side escapes scrutiny. In his search for more 'A players' In the federal government, Verkuil takes on the veterans' preference and rigidity in the Office of Personnel Management. In his pursuit of better supervision of the private sector, he shows what went wrong with government contractors in Flint, Michigan, among other regions. This book should be required reading for scholars of public administration and administrative law, and interesting to citizens who crave more effective government.' Anne Joseph O'Connell, George Johnson Professor of Law, University of California, BerkeleyTable of Contents1. Introduction and overview; 2. The new learning on outsourcing sovereignty; 3. The growth of contracting out in government; 4. The consequences of federal contractor government; 5. State examples of government failure; 6. Why professionals in government matter; 7. The civil service and its reform; 8. Living with and improving the multi-sector workforce; 9. In sum – reprofessionalize government.

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Book SynopsisAmericans widely believe that the U.S. Constitution was almost wholly created when it was drafted in 1787 and ratified in 1788. Jonathan Gienapp recovers the unknown story of the Constitution’s second creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation.Trade ReviewFocuses on many of the structural and institutional issues that continue to consume us—including presidential powers, the role of Congress, and the use and abuse of originalist approaches to the Constitution—and in so doing raises questions that shine a light on today’s national debates…Gienapp’s study—intellectual history as textual exegesis at its best—offers a convincing and invaluable examination of the words and ideas that marked the evolution of the American constitutional imagination. -- Karen J. Greenberg * The Nation *Sophisticated…throws a wrench in the logic of judicial originalism by demonstrating the flexibility of the Constitution’s meaning during its first years. -- Nick Burns * The Spectator *The greatest innovation of the American Revolution was the idea of a written constitution as supreme fundamental law. But another truly significant development immediately followed the ratification of the Constitution: the equally innovative but deeply controversial invention of modes of constitutional interpretation. Jonathan Gienapp explores how this process unfolded, brilliantly explaining the search for the original meaning of the Constitution. -- Jack N. Rakove, author of A Politician Thinking: The Creative Mind of James MadisonThe Second Creation is a brilliant and timely intervention in American constitutional history. By showing how ‘original intentions’ originated in congressional debates about what the framers and ratifiers originally intended, Jonathan Gienapp forces us to take another long look at what we understand the Constitution to be. His innovative and persuasive study will revolutionize the way lawyers as well as scholars interpret the Founding era. -- Peter S. Onuf, coauthor of “Most Blessed of the Patriarchs”: Thomas Jefferson and the Empire of the ImaginationGienapp focuses our attention on the first decade of controversy over the remarkable new invention, a national constitution. His fascinating and provocative story—how these debates created and imagined the Constitution—is told with great mastery and drama. -- Mary Sarah Bilder, author of Madison’s Hand: Revising the Constitutional ConventionGienapp’s elegant reconstruction of the contested terrain of early American constitutional interpretation has wide-ranging implications for how we understand the earliest debates over the Constitution’s meaning. Gienapp offers fresh and thoughtful reinterpretations of several of the most important debates of this formative period of American constitutional development. -- Saul Cornell, author of A Well-Regulated Militia: The Founding Fathers and the Origins of Gun Control in America

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Book SynopsisBeloved by liberals, the living Constitution evolves with the times. But one downside has been the erosion of constitutional constraints on executive action. Saikrishna Prakash argues that if we want to rein in this imperial, living presidency, we must embrace constitutional originalism and revive the framers’ vision of the separation of powers.Trade ReviewThe modern presidency—inflated by Congress’s dereliction of its duties and armed with modern technologies of mass communication—has disrupted the Madisonian equilibrium of America’s constitutional architecture and weakened the rule of law. With this exquisitely timed book, Prakash explains how we arrived at today’s urgent need to ‘recage the executive lion.’ -- George F. Will, author of The Conservative SensibilityPrakash has given us a refreshingly balanced understanding of the illegitimate expansion of presidential power throughout American history. Explaining that the Founders may well have intended a ‘limited monarch,’ he effectively and colorfully repudiates the dangerous idea that presidents can add to their powers without limitation. The current assertions of presidential power are indeed, in Prakash’s words, ‘a funhouse-mirror version of the Founders’ presidency.’ -- Russ Feingold, former United States SenatorEverything this sort of book ought to be: it is smart, clear, full of important distinctions and thought-inducing observations, and has an unambiguous vision for how we ought to approach our constitutional framework. -- David Murphy * Open Letters Review *[A] trenchant debut on the subject of modern-day Oval Office overreach…Prakash chronicles the metastasis of presidential prerogatives over the past 50 years to encompass the almost untrammeled ability to declare war, make foreign policy, stop enforcing laws, and informally make new laws, all without constitutionally mandated congressional consent…A persuasive case against presidential usurpations—and for a more respectful reading of the Constitution. * Publishers Weekly *Couldn’t come at a better time…Prakash’s book is well-written, well-researched, and dead-on in walking the reader through the history of the American presidency…He puts the presidency within the broader parameters of culture and political institutions—something that many books on the presidency fail to do. -- Gary L. Gregg II * Law & Liberty *With his usual clarity and pith, Sai Prakash explains why both progressives and conservatives should be more principled, condemning not only the expansion of executive authority, but the seizure of new authorities by Congress and the judiciary as well. Whether or not you agree with all his proposed reforms, anyone concerned about the growth of unbridled executive power must read this book. -- Randy E. Barnett, author of Our Republican ConstitutionMany people imagine that free-form ‘living constitutionalism’ can be counted on to produce outcomes that they like. Sai Prakash’s The Living Presidency warns that this is a mistake: without fixed constitutional meaning, based on text and history, we have no defense against unwelcome changes, such as an all-powerful executive. Prakash has produced a powerful critique of the living Constitution. -- Michael W. McConnell, Director of the Constitutional Law Center at Stanford Law SchoolA timely and challenging overview of the development of the modern presidency. Although his primary criticisms are directed at devotees of a ‘living Constitution’ who countenance ‘informal’ constitutional amendment, he is also critical of purported ‘originalists’ who have embraced presidential overreach. One need not agree with all of his arguments in order to recognize that Prakash has made an important contribution to an ever-more-vital national discussion. -- Sanford Levinson, coauthor of Fault Lines in the ConstitutionA terrific book…As Prakash explains in detail, the modern president’s power has vastly expanded relative to the prevailing conceptions of the Founding era. -- Shalev Roisman * Lawfare *This excellent volume conveys important constitutional history and highlights major contemporary constitutional problems. * Choice *

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Book SynopsisThis original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law, a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research. Divided into four broad categories; traditional, institutional, technical and critical, chapters cover a wide range of approaches, from doctrinal and interpretive methods to empirical, socio-legal, and Marxist approaches. The book promotes critical reflection on many of the most common methodological approaches and aims to demystify research methodologies in public law for new scholars and interdisciplinary researchers alike.Researching Public Law in Common Law Systems will be essential reading for academics and students in public law, suitable for advanced scholars and those who are new to the field. It will also be relevant to those with an interest in empirical methods, legal methods, and research methodologies more broadly in the social sciences.Trade Review‘Public law scholarship in recent years has become richer and more complex – expanding our capacity to address new questions, but also creating new methodological challenges. In this important new volume, Paul Daly and Joe Tomlinson bring together some of the leading public lawyers in the common law world to help unpack and navigate these challenges. Bringing together theoretical, doctrinal, sociolegal and comparative perspectives, the volume is essential reading for those new to and established in the field.’ -- Rosalind Dixon, University of New South Wales, Australia‘Public law scholarship in recent years has become richer and more complex – expanding our capacity to address new questions, but also creating new methodological challenges. In this important new volume, Paul Daly and Joe Tomlinson bring together some of the leading public lawyers in the common law world to help unpack and navigate these challenges. Bringing together theoretical, doctrinal, sociolegal and comparative perspectives, the volume is essential reading for those new to and established in the field.’ -- Rosalind Dixon, University of New South Wales, Australia‘This excellent collection shines a bright light onto issues of method in public law research. It is a hugely useful and welcome contribution to the field, and is a “must-read” for anyone engaging seriously with the question of how we know what we think we know.’ -- Simon Halliday, University of Strathclyde, UKTable of ContentsContents: List of contributors vii 1 Introduction to Researching Public Law in Common Law Systems 1 Paul Daly and Joe Tomlinson PART I THE TRADITIONAL 2 History to Understand, and History to Reform, English Public Law 25 J.W.F. Allison 3 Interpretive Theory in Public Law 58 Farrah Ahmed and Adam Perry 4 Mapping Doctrinal Methods 70 Jason NE Varuhas PART II THE INSTITUTIONAL 5 Researching Public Law and the Administrative State 105 Paul Daly and Joe Tomlinson 6 Public Law and Legislative Studies 118 Louise Thompson 7 Studying Judicial Decision-making 136 Emmett Macfarlane PART III THE TECHNICAL 8 Comparative Public Law 151 Theunis Roux 9 Mapping the Theoretical Turn in British Public Law Scholarship 175 Samuel Tschorne and Martin Loughlin vi Researching public law in common law systems 10 Public Law and Empirical Legal Research 207 Sarah Nason PART IV THE CRITICAL 11 Marxism and Public Law 231 Paul O’Connell 12 But Interrupting the Flow … Socio-Legal Approaches to Public Law 251 Helen Carr and Ed Kirton Darling 13 Public Law in Indigenous Contexts: Indigenous Law in the Contexts of Public Law 270 Janna Promislow Index 294

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Book SynopsisThis timely book explores pertinent questions around the legitimacy and effectiveness of EU agencies‚Äô soft law, with a particular focus on the European Securities and Markets Authority (ESMA). It examines the variety of ESMA‚Äôs existing and newly granted soft law-making powers, which were intended to deal with the lack of effectiveness of its predecessor but are now called into question due to the ‚Äòhard‚Äô effect of these soft laws.Built on a combination of theoretical analysis and first-hand practical experience, Marloes van Rijsbergen tests the framework for each category of ESMA‚Äôs soft law instruments at each stage of the policy cycle, demonstrating that the framework can be applied to other EU agencies with similar soft law-making powers. This unique framework assesses which procedural and institutional safeguards regarding EU agencies' soft law would reflect an adequate balancing of both legitimacy and effectiveness concerns.Comprehensive yet accessible, this book will be a key resource for students and scholars of EU financial law, constitutional law, public administration and governance. Providing an evaluation of the legal nature of ESMA‚Äôs soft law acts in the context of the financial sector, it will also prove valuable for practitioners, compliance officers and parties establishing other EU agencies.Trade Review‚ÄòVan Rijsbergen makes a crucial contribution to the research on EU agencies and EU soft law. Adopting a much-needed empirical approach, her book makes important recommendations allowing a balance to be struck between legitimacy and effectiveness in soft-law making and application. As the field is currently subject to increasing litigation, the book is a must read not only for academics, but also for policy-makers, administrators, judges, and lawyers at all levels of governance.‚Äô -- ‚Äì Oana Stefan, Kings College London, UK‚ÄòThis book provides unique insights into the role soft rule-making plays within the framework of one of the most important EU regulatory agencies. It offers an in-depth and comprehensive study of this role at the decision-making, transposition, implementation and enforcement levels, drawing on findings gained by the author in ESMA‚Äôs daily practice. It presents highly relevant conclusions surrounding the current balance of effectiveness gains and legitimacy concerns regarding increased soft law-making within ESMA, making recommendations for improvement.‚Äô -- ‚Äì Linda Senden, Utrecht University, the NetherlandsTable of ContentsContents: 1. Setting the scene 2. Guiding principles for EU agencies’ soft law-making 3. Defining the legal basis for ESMA’s soft law-making powers 4. Initiation of ESMA’s soft law-making powers 5. ESMA’s decision-making process 6. Transparency with regard to ESMA’s soft law instruments 7. Transposition of ESMA’s soft law instruments 8. Compliance with ESMA’s soft law instruments 9. Enforcing ESMA’s soft law instruments vis-à-vis national authorities 10. Reviewing ESMA’s soft law instruments 11. Conclusions and recommendation Bibliography Index

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Book SynopsisIn recent years, the procedural rules of global governance institutions have come under scrutiny from scholars worldwide and have been conceptualized as akin to domestic administrative law. However, one question has so far not been addressed: who shapes this procedure and why? In the present work, Isabel Lischewski develops a simple matrix connecting procedure and state interest. When this matrix is applied to a sample of forty diverse institutions, fascinating patterns emerge, which are further explored through in-depth case studies. It is shown that states prefer to balance sovereignty preservation through procedure with the costs it entails. Thus, normative considerations are not the predominant basis on which this procedure is designed. The research provides original insights into the landscape of global governance procedure and cautions against a notion of apolitical administration law.Table of ContentsList of figures; Acknowledgements; Notes on the Text; List of Abbrevations; 1. Introduction; 2. Theoretic Background and Methodology; 3. Analyzing The Data; 4. Designed to Serve but Destined to Fail? Conclusions and the Way Forward; Appendix 1. Codebook; Appendix 2. Sample; Bibliography; Index.

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Book SynopsisOriginally published to commemorate the bicentennial of the United States Constitution, The Founders'' Constitution is arguably the most important of all resources on the principles of the Framers of the American republic. As the editors explain, the work consists of extracts from the leading works of political theory, history, law, and constitutional argument on which the Framers and their contemporaries drew and which they themselves produced. The documentary sources and inspirations reach to the early seventeenth century and extend through those Amendments to the Constitution that were adopted by 1835 -- that is, through the end of the era of Chief Justice John Marshall of the United States Supreme Court. This set includes: Volume 1: Major Themes by Ralph Lerner; Volume 2: The Preamble Through Article 1, Section 8, Clause 4; Volume 3: Article 1, Section 8, Clause 5, Through Article 2, Section 1; Volume 4: Article 2, Section 2, Through Article 7; Volume 5: Amendments I Through XII.

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Book SynopsisOriginally published to commemorate the bicentennial of the United States Constitution, The Founders'' Constitution is arguably the most important of all resources on the principles of the Framers of the American republic. As the editors explain, the work consists of extracts from the leading works of political theory, history, law, and constitutional argument on which the Framers and their contemporaries drew and which they themselves produced. The documentary sources and inspirations reach to the early seventeenth century and extend through those Amendments to the Constitution that were adopted by 1835 -- that is, through the end of the era of Chief Justice John Marshall of the United States Supreme Court. This set includes: Volume 1: Major Themes by Ralph Lerner; Volume 2: The Preamble Through Article 1, Section 8, Clause 4; Volume 3: Article 1, Section 8, Clause 5, Through Article 2, Section 1; Volume 4: Article 2, Section 2, Through Article 7; Volume 5: Amendments I Through XII.

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Book SynopsisRaoul Berger was a scholar of constitutional law who defended the doctrine of originalism. His thought is set in the context of his life, from Russian emigre in Chicago to musician, to his examinations of the legal underpinnings of a free society. This program combines original footage of his life, his personal reflections, and commentary.

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Book SynopsisA well-known text, this book aims to help students not just of law, but also of sociology, economics and politics, to understand administrative law in action, and includes case studies to help students understand law in its socio-political context.Trade Review'From its first edition in 1984, this book has deliberately provoked lawyers to venture beyond their doctrinal bubbles: it truly is the leading work on law and administration. Its coverage of legal doctrine is vast, its sense of where the law has come from and where it is heading has always been unerring, and above all, its research into the effects of administration upon law (and vice versa) is dazzling. This new edition has been radically rewritten, including (for example) new material on the UK post-Brexit, governing in a pandemic, and computerised decision-making and rule-making in the era of artificial intelligence.' Mark Aronson, Emeritus Professor in the Faculty of Law and Justice, University of New South WalesTable of Contents1. The State and Administrative Law; 2. Changing the Mindset; 3. State of Change; 4. Transforming Judicial Review; 5. Making the Law; 6. Discretion and Rules; 7. The Information State; 8. A Regulatory Laboratory; 9. Regulatory Look: Agency Development and Accountability; 10. Contractual Revolution; 11. Contract, Contract, Contract; 12. 'Golden Handshakes': Liability and Compensation; 13. Growing a Complaints Service; 14. Tribunals and Administrative Justice; 15. The Public Inquiry: Investigation and Accountability; 16. Procedural Review in Question; 17. Testing Ground: Legality, Process and Substance; 18. Judicial Review Litigation: Equalities Focus; 19. Judicial Review Process and Impact.

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Book SynopsisSix years after its enactment, Obamacare remains one of the most controversial, divisive, and enduring political issues in America. In this much-anticipated follow-up to his critically acclaimed Unprecedented: The Constitutional Challenge to Obamacare (2013), Josh Blackman argues that, to implement the law, President Obama has broken promises about cancelled insurance policies, exceeded the traditional bounds of executive power, and infringed on religious liberty. At the same time, conservative opponents have stopped at nothing to unravel Obamacare, including a three-week government shutdown, four Supreme Court cases, and fifty repeal votes. This legal thriller provides the definitive account of the battle to stop Obamacare from being 'woven into the fabric of America'. Unraveled is essential reading to understand the future of the Affordable Care Act in America's gridlocked government in 2016, and beyond.Trade Review'Obamacare has remarkably, if perversely, made American political discourse more interesting. It has stimulated braided debates about the proper scope and actual competence of government, about the role of the judiciary in supervising democratic processes, and about how religious liberty becomes a casualty of 'comprehensive' social legislation enlarging the entitlement state. Josh Blackman, who has been immersed in all this as a scholar and participant, gives readers an invaluable inside tour of an ongoing controversy.' George F. Will, newspaper columnist and political commentator'Josh Blackman has written a thorough and engaging account of the political and legal issues surrounding Obamacare. This book is a must-read for all who are interested in the history of the Obama presidency and especially of its most important legislative accomplishment. Blackman presents the conservative perspective but he is even-handed, and all, including those (like me) who disagree with him, will learn a great deal from reading this book.' Erwin Chemerinsky, University of California, Irvine School of Law'Health care involves some of the most personal and - to many people - sacred and spiritually significant issues of life and death. So it is no surprise that an attempt by government to standardize health care coverage for all Americans would raise a host of issues of conscience, choice, and conviction. Josh Blackman's new book Unraveled chronicles the legal struggles over these issues in a fair, complete, and immensely readable narrative. Three things are certain: death, taxes, and that these conflicts are far from over. This book will help us all to understand the stakes and the arguments.' Michael W. McConnell, Stanford University Law School, California'Even-keeled and exhaustive, Blackman's Unraveled offers the consummate insider's take on the titanic legal struggles at the Supreme Court over the future of health reform. It is an indispensable resource and a gripping read.' Nicholas Bagley, University of Michigan Law School'Josh Blackman continues to bring a gimlet eye to the legal controversies surrounding the Affordable Care Act. He combines a careful, even meticulous attention to detail with a grasp of the important issues at stake. Even people who paid close attention to the debate will find much to learn from Unraveled.' Ramesh Ponnuru, senior editor, National Review'Blackman argues that to implement 'Obamacare,' President Obama has broken promises about cancelled insurance policies, exceeded the traditional bounds of executive power, and infringed on religious liberty.' Law and Social InquiryTable of ContentsPrologue; Part I. The Promise of Obamacare: 1. 'If you like your insurance, you can keep your insurance'; 2. Federal and state exchanges; 3. Life and religious liberty; Part II. Conscience and Contraception: 4. The contraception mandate; 5. Election slowdown; 6. Faith in the courts; Part III. Shutdown: 7. Exchanges 'established by the state'; 8. Tea party summer; 9. 'Train wreck'; 10. Filibuster; Part IV. Obamacare Unravels: 11. Lights out; 12. Canceled; 13. Government by blog post; 14. Crashing into the deadline; Part V. Religious Liberty: 15. New year's resolution; 16. Substantial burden; 17. 'Glitch'; 18. Between two ferms; 19. Corporate prayer; 20. Notorious RBG; Part VI. Nuclear Fallout: 21. Circuit split; 22. Dueling petitions; 23. 'So sue me'; Part VII. Subsidizing Obamacare: 24. #GruberGate; 25. King v. Burwell; 26. Gridlock; 27. 'Unravel what's now been woven into the fabric of America'; 28. 'Improve health care markets, not destroy them'; Part VIII. The Nuns: 29. Make health care great again; 30. Short-handed court; 31. 'Hijacked'; 32. 'Accommodation'; Epilogue.

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Book SynopsisThe Syrian crisis has confounded political leaders and experts who forecast a rapid fall of the regime. This monumental error of interpretation has had tragic consequences for the unfolding of the crisis and its slide into a frightful civil war with regional and international ramifications. This book looks at Syrian reality in a new light. By analysing twenty-five constitutions and constitutional texts and proposing an innovative classification of the different political regimes that have shaped Syria over the last one hundred years, the author retraces the country''s intense history and the persistence of a Syrian model defined by the Founding Fathers. If, on emerging from this war, Syria maintains its unity and gives itself a democratic regime reflecting its society, then the concept of Syria may find a new lease of life and Syria will once again be perceived as an idea full of promises.Table of ContentsIntroduction; 1. The Syrian question; Part I. Parliamentary Constitutions and Liberal Regimes: 2. The Syrian monarchy; 3. The First Republic; 4. The Second Republic; Part II. Presidential Constitutions and Authoritarian Regimes: 5. The Third Republic; 6. The Fourth Republic; 7. The pan-Arab constitutions; 8. Towards the Fifth Republic; 9. Towards the Sixth Republic; Conclusion.

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Book SynopsisWhat is the relationship between the strength of a country''s democracy and the ability of its courts to address deficiencies in the electoral process? Drawing a distinction between democracies that can be characterised as ''dominant-party'' (for example Singapore, Malaysia, and Hong Kong), ''dynamic'' (for example India, South Korea, and Taiwan), and ''fragile'' (for example Thailand, Pakistan ,and Bangladesh), this book explores how democracy sustains and is sustained by the exercise of judicial power. In dominant-party systems, courts can only pursue ''dialogic'' pathways to constrain the government''s authoritarian tendencies. On the other hand, in dynamic democracies, courts can more successfully innovate and make systemic changes to the electoral system. Finally, in fragile democracies, where a country regularly oscillates between martial law and civilian rule, their courts tend to consistently overreach, and this often facilitates or precipitates a hostile take-over by the armedTrade Review'Po Jen Yap's new book is a must-read in the growing literature on the role of constitutional courts in democratic stabilization. Its fine-grained analyses demonstrates that the political power and vulnerability of courts in protecting democratic processes as well as their own independence is not fixed or prescribable in the abstract, but varies with the state of democratization and party contestation in which they operate.' Stephen Gardbaum, MacArthur Foundation Professor of International Justice and Human Rights, University of California, Los Angeles'A fascinating tour through the fraught relations between courts and political power. Professor Yap provides a nuanced account of how constitutional courts in Asia balance precariously between semi-authoritarian dominant regimes and the live wire of electoral politics. A magnificent, sophisticated contribution that enriches our understanding of judicial politics in an era of weak democratic institutions.' Samuel Issacharoff, Reiss Professor of Constitutional Law, New York University'Po Jen Yap's analysis of the role of Asian courts in three types of democracies illuminates how the possibilities for effective judicial action in connection with major political issues varies according to the type of democracy in which the courts are located. It is an important contribution to the project of integrating comparative constitutional law with comparative political studies.' Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard University, Massachusetts'Professor Yap's elegant, concise book is an important contribution to comparative constitutional studies … Yap's book is a major advance in integrating Asian constitutionalism into comparative constitutionalism more generally and into the comparative law of democracy in particular.' Richard H. Pildes, ICONTable of Contents1. Introduction; Part I. Dominant-Party Democracies: 2. Supreme Court of Singapore and the promise of enforceable constitutional conventions; 3. Malaysian courts and electoral fraud; 4. Hong Kong Courts and constitutional contradictions; Part II. Dynamic Democracies: 5. Supreme Court of India and criminality in politics; 6. Constitutional court of Taiwan and calibrated judicial review; 7. Constitutional court of Korea and systemic electoral barriers; Part III. Fragile Democracies: 8. Constitutional court of Thailand and partisan judges; 9. Supreme Court of Pakistan: accommodation and defiance of military authority; 10. Supreme Court of Bangladesh and defensive judicial review; Part IV. Democratic Values and Courts in Comparative Perspective: 11. Democratic values and the conundrum of unconstitutional constitutional amendments; 12. Conclusion; Bibliography; Index.

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Book SynopsisExcessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law. In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.Trade Review'An illuminating discussion of the costs of secrecy and how Congress and the Courts have condoned such an anti-democratic state of affairs. Its attention to how European courts and institutions have more vigourously challenged governmental claims of secrecy is exceptional.' Kent Roach, Professor of Law and Chair in Law and Public Policy, University of Toronto'With insightful analysis, Sudha Setty demonstrates how the misuse of secrecy by governments in the United States and other countries has done serious damage to individual rights, democratic values, and the rule of law. We need to restore legislative and judicial checks on misleading executive assertions.' Louis Fisher, Scholar in Residence, The Constitution Project'Sudha Setty writes with remarkable dexterity about the exponential increase in the powers of the state to remain secret while enhancing national security regimes in the war against terror. Setty gives a comprehensive account of how national security secrecy is enabled legally and politically in contemporary democracies at the expense of structural accountability, rule of law and fundamental rights.' Ujjwal Kumar Singh, University of DelhiTable of ContentsIntroduction; Part I. The Infrastructure of Secrecy in the United States: 1. Executive branch secrecy; 2. Congressional complicity; 3. An overly deferential judiciary; Part II. Comparative Perspectives on Transparency: 4. International and supranational norms; 5. The United Kingdom; 6. India; Part III. Societal Tolerance for National Security Secrecy: 7. Public and political resilience; 8. Individual privacy and secrecy: a matter of contract or a human right?; Conclusion.

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Book SynopsisIn The Foundations of Australian Public Law, Anthony J. Connolly brings together the two traditionally discrete areas of constitutional and administrative law to present Australian public law as a single, integrated body.Table of Contents1. Introduction: what is Australian public law?; 2. Constitution I: the history of the Australian state; 3. Constitution II: the structure of the Australian state; 4. Legitimation: justifying state power; 5. Legislation: making and unmaking law; 6. Administration: governing lawfully; 7. Adjudication: delimiting state power; 8. Validation: reviewing state action; 9. Protection: human rights and Australian public law; 10. Direction: future trends in Australian public law.

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Book SynopsisReasoned Administration and Democratic Legitimacy: How Administrative Law Supports Democratic Government explores the fundamental bases for the legitimacy of the modern administrative state. While some have argued that modern administrative states are a threat to liberty and at war with democratic governance, Jerry L. Mashaw demonstrates that in fact reasoned administration is more respectful of rights and equal citizenship and truer to democratic values than lawmaking by either courts or legislatures. His account features the law''s demand for reason giving and reasonableness as the crucial criterion for the legality of administrative action. In an argument combining history, sociology, political theory and law, this book demonstrates how administrative law''s demand for reasoned administration structures administrative decision-making, empowers actors within and outside the government, and supports a complex vision of democratic self-rule.Trade Review'Reacting to the increasing tide of assaults on administrative law's legitimacy, Professor Mashaw, this generation's most distinguished scholar of the subject, finds in the centrality of required reason-giving a compelling response. Like its predecessors in analysis, wisdom and insight, this is a book to treasure.' Peter L. Strauss, Betts Professor of Law Emeritus, Columbia Law School, New York'A masterpiece, defending a bold claim: reason-giving lies at the heart of the legitimisation of public power. Mashaw has provided the authoritative treatment of what may be the most important issue of our age.' Cass R. Sunstein, Robert Walmsley University Professor, Harvard University, Massachusetts'With Reasoned Administration and Democratic Legitimacy, Jerry L. Mashaw demonstrates again why he's one of the most accomplished and influential public law scholars in the world. By carefully exploring the vital and often misunderstood connection between American democracy and the administrative state, Mashaw makes lasting contributions to our understanding of both, at a moment in history when we especially need that.' Mariano-Florentino Cuéllar, Former Stanley Morrison Professor of Law, Stanford Law School, CaliforniaTable of Contents1. Why reasons; 2. The rise of reason giving; 3. Reasons, reasonableness and accountability in American administrative law: the basic legal framework; 4. Reasonableness, accountability and the control of administrative policy; 5. Reasons, reasonableness and judicial review; 6. Reasons, administration and politics; 7. Reasoned administration and democratic legitimacy; 8. Reason and regret.

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Book SynopsisIn recent years, law and religion scholarship has increasingly emphasized the need to study the interaction of legal and religious ideas and institutions, norms and practices. The overall question that this scholarship explores may be stated as follows: how do legal and religious ideas and institutions, methods and mechanisms, beliefs and believers influence each other, for better and for worse, in the past, present and future? This volume engages this area of scholarship by examining how law regulates religion, and how religion responds to such regulations. It examines underlying norms influencing state regulation of religion, and challenges emerging from such regulation. Importantly, this volume will go beyond the conventional enquiries that draw upon the Anglo-European approaches and experiences, and emphasize instead Asian perspectives in order to expand and build upon existing understandings about the complex relationship between law and religion.Trade Review'The strength of Regulating Religion in Asia lies in its detailed case studies, which show the diversity of different states' relationships with the religions in their jurisdictions. By taking a broad definition of regulation, the book goes beyond the broad constitutional idea of freedom of religion into the complex practicalities of regulating religion. In doing so, the different chapters also highlight the wide variety of political ideologies and the methods of regulating religion, which are practiced by the different states.' Helen Pausacker, Journal of Law and ReligionTable of Contentslntroduction: regulating religion in Asia: Part I. Theorizing Regulation: 1. Regulatory markers Arif A. Jamal; 2. Conceptualizing the regulation of religion Jaclyn L. Neo; 3. The role of authority and sanctity in state-religion conflicts Shai Wozner and Gilad Abiri; 4. Jurisdictional vs. official control: regulating the Buddhist Saṅgha South and Southeast Asia Ben Schontal; 5. Defining and regulating religion in early independent Indonesia Kevin Fogg; Part II. Regulating Religion: State Practice and Legal Norms: 6. Principled pluralism, relational constitutionalism and regulating religion within Singapore's secular democratic model Thio Li-ann; 7. Legal regulation of religion in Vietnam Bui Ngoc Son; 8. Regulating Buddhism in Myanmar: the case of deviant Buddhist sects Nyi Nyi Kyaw; 9. The bureaucratization of religious education in the Islamic Republic of Iran Mirjam Künkler; 10. Managing religious competition in China: case study of regulating social and charitable service provisions by religious organizations Jianlin Chen and Loveday J. Liu; Part III. Challenges to State Regulation: 11. Regulating religion through administrative law: religious conversion in Malaysia beyond fundamental rights Matthew Nelson and Dian Shah; 12. Legal pluralism, patronage secularism and the challenge of prophetic Christianity in Singapore Daniel Goh; 13. Equality in secularism: contemporary debates on social stratification and the Indian constitution Mohsin Alam; 14. Regulating the state and the Hawza: legal pluralism and the ironies of Shi'i law Haider Hamoudi.

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Book SynopsisIn every era of communications technology - whether print, radio, television, or Internet - some form of government censorship follows to regulate the medium and its messages. Today we are seeing the phenomenon of ''machine speech'' enhanced by the development of sophisticated artificial intelligence. Ronald K. L. Collins and David M. Skover argue that the First Amendment must provide defenses and justifications for covering and protecting robotic expression. It is irrelevant that a robot is not human and cannot have intentions; what matters is that a human experiences robotic speech as meaningful. This is the constitutional recognition of ''intentionless free speech'' at the interface of the robot and receiver. Robotica is the first book to develop the legal arguments for these purposes. Aimed at law and communication scholars, lawyers, and free speech activists, this work explores important new problems and solutions at the interface of law and technology.Trade Review'Collins and Skover have long been among the finest minds focused on free expression in America. In this remarkable book, they now turn insightfully to an incredibly complex and timely issue associated with 'robotic expression': how should the First Amendment handle contests involving regulation of 'robot speech' as artificial intelligence grows rapidly in prominence? This book conveys their deep knowledge - and the knowledge of other noted scholars - of the history, law, and technology that inform the way we should think about this emerging field of constitutional inquiry.' John Palfrey, Head of School at Phillips Academy, Massachusetts; former Executive Director of the Berkman Center for Internet and Society, Harvard University, Massachusetts; and author of Born Digital'Collins and Skover have produced a wonderfully readable, thorough, and insightful exploration of the intersection of technology and free speech theory, from the beginning of time well into the future. If any current scholarly work of free speech theory survives into the next century, it will undoubtedly be this book.' Martin Redish, Louis and Harriet Ancel Professor of Law and Public Policy, Northwestern University Law School, Illinois, and author of The Adversary First Amendment: Free Expression and the Foundations of American DemocracyTable of ContentsThe thesis; Ronald Collins and David Skover; Prologue: technology and communication; 1. The progress and perils of communication; 2. Robots and their receivers; 3. The new norm of utility; Epilogue: from Areopagitica to Robotica; The commentaries; Robotica in context: an introduction to the commentaries Ryan Calo; The age of sensorship Jane Bambauer; Speech in, speech out James Grimmelmann; An old libel lawyer confronts Robotica's brave new world Bruce E. H. Johnson; What's old is new again (and vice-versa) Helen Norton; Reply Ronald Collins and David Skover; Robotica refined.

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Book SynopsisWhen data from all aspects of our lives can be relevant to our health - from our habits at the grocery store and our Google searches to our FitBit data and our medical records - can we really differentiate between big data and health big data? Will health big data be used for good, such as to improve drug safety, or ill, as in insurance discrimination? Will it disrupt health care (and the health care system) as we know it? Will it be possible to protect our health privacy? What barriers will there be to collecting and utilizing health big data? What role should law play, and what ethical concerns may arise? This timely, groundbreaking volume explores these questions and more from a variety of perspectives, examining how law promotes or discourages the use of big data in the health care sphere, and also what we can learn from other sectors.Table of ContentsIntroduction Effy Vayena, Urs Gasser, I. Glenn Cohen and Holly Fernandez Lynch; Part I. Shifting Paradigms: Big Data's Impact on Health Law and Bioethics: Introduction Urs Gasser; 1. Big data and individual autonomy in a crowd Barbara J. Evans; 2. Big data's epistemology and its implications for precision medicine and privacy Jeffrey M. Skopek; 3. Correlation vs. causation in health-related big data analysis: the role of reason and regulation Tal Z. Zarsky; 4. Big data and regulatory arbitrage in healthcare Nicolas P. Terry; Part II. Overcoming the Downsides of Big Data: Introduction I. Glenn Cohen; 5. The future of pharmacovigilance: big data and the False Claims Act Efthimios Parasidis; 6. Big data's new discrimination threats: amending the Americans with Disabilities Act to cover discrimination based on data-driven predictions of future disease Sharona Hoffman; 7. Who's left out of big data? How big data collection, analysis, and use neglects populations most in need of medical and public health research and interventions Sarah E. Malanga, Jonathan D. Loe, Christopher T. Robertson and Kenneth S. Ramos; 8. Potential roadblocks in health care big data collection: Gobeille v. Liberty Mutual, ERISA, and all-payer claims databases Carmel Shachar, Aaron S. Kesselheim, Gregory Curfman and Ameet Sarpatwari; Part III. The Internet of Things (IoT) and Health Big Data: Introduction Nathan Cortez; 9. Avoiding over-regulation in the medical internet of Things Dov Greenbaum; 10. Data policy for internet of things health care devices: aligning patient, industry, and privacy goals in the age of big data Marcus Comiter; Part IV. Protecting Health Privacy in the World of Big Data: Introduction Effy Vayena; 11. Thought leader perspectives on risks in precision medicine research Laura M. Beskow, Catherine M. Hammack, Kathleen M. Brelsford and Kevin C. McKenna; 12. From individual to group privacy in biomedical big data Brent Mittelstadt; 13. Big data and informed consent: the case of estimated data Donna M. Gitter; Part V. Oversight of Big Data Health Research: Proposals for Improvement: Introduction Holly Fernandez Lynch; 14. Is there a duty to share health care data? I. Glenn Cohen; 15. Societal lapses in protecting individual privacy, the common rule, and big data health research Laura Odwazny; 16. The common rule and research with data, big and small Liza Dawson; 17. Big data, HIPAA and the common rule: time for big change? Margaret Foster Riley; Part VI. Big Data, FDA, and Liability Considerations: Introduction Jerry Avorn; 18. Data sharing that enables post-approval drug and device research and protects patient privacy: best practice recommendations Ameet Sarpatwari, Bradley A. Malin, Aaron S. Kesselheim, Joshua J. Gagne, Sebastian Schneeweiss; 19. Big data and human medical judgment: regulating next generation clinical decision support Jeffrey M. Senger and Patrick O'Leary; 20. Medical malpractice and black-box medicine W. Nicholson Price II; Part VII. Calibrating Intellectual Property Rights for Health Big Data: Introduction Rachel E. Sachs; 21. Big data and intellectual property rights in the health and life sciences Timo Minssen and Justin Pierce; 22. The pathologies of data-generating patents Ted Sichelman and Brenda M. Simon; Epilogue: professional cooperation and rivalry in the future of data-driven healthcare Frank Pasquale.

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Book SynopsisThis book proposes a new institutional constructivist model, for social scientific and legal enquiries, based on the interrelations within the social and political world and the application of change in EU laws and politics. Much of the research conducted in social sciences and law examines the diverse activities of individuals and collectivities and the role of institutions in the social and political world. Although there exist many vantage points from which one can gain entry into understanding how agents in the world act, interact, shape and bear the world, socio-legal scientific epistemology has found monism and dualism to be convincing models. This book argues that current models do not capture the complexity of our micro-worlds, macro-worlds and meso-worlds. Nor can they account for the forms and patterns of socio-legal change. Mind, time and change are brought together in an attempt to contribute to socio-legal epistemology and to enhance its toolkit.Trade Review'This book proposes an institutional constructivist model for social scientific and legal inquiries, based on the interrelations within the social and political world and the application of change in EU laws and politics.' Law & Social InquiryTable of ContentsIntroduction: on schemata: constructing theories and explanations; Part I. Theory Perspectives and Connexio Rerum: 1. On the methodology of social sciences: the case for connexio rerum; 2. Constructivisms and institutional constructivism; 3. Theorising institutional change: a dynamic theory of process; 4. Ideas, norms and European citizenship; Part II. Applied Aspects of Institutional Constructivism: 5. Co-creating European Union citizenship: institutional process and crescive norms; 6. From law, policies and norms to European integration: supranationalism contested; Conclusion: time and understanding in socio-legal research.

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Book SynopsisIt is a settled rule of international law that a State may not rely on the provisions of its ''internal law'' as justification for failing to comply with international obligations. However, the judiciaries of most countries, including those with a high record of compliance with international norms, have increasingly felt the need to preserve the area of fundamental principles, where the State''s inclination to retain full sovereignty seems to act as an unbreakable ''counter-limit'' to the limitations deriving from international law. This volume explores this trend by adopting a comparative perspective, addressing the question of how conflicts between international law and national fundamental principles are dealt with and resolved within a specific legal system. The contributing authors identify common tendencies and fundamental differences in the approaches and evaluate the implications of this practice for the future of the principle of supremacy of international law.Table of Contents1. Introduction Fulvio Maria Palombino; 2. Brasil Paula Almeida; 3. Canada Stéphane Beaulac; 4. China Pierfrancesco Rossi; 5. France Raphaële Rivier; 6. Germany Niels Petersen; 7. Greece Mariela Apostolaki and Antonios Tzanakopoulos; 8. India Vinai Singh; 9. Indonesia Simon Butt; 10. Israel Yuval Shany; 11. Italy Daniele Amoroso; 12. Japan Hajime Yamamoto and Yota Negishi; 13. Mexico Francisca Pou Giménez and Alejandro Rodiles; 14. Netherlands André Nollkaemper and Rosanne van Alebeek; 15. Nigeria Babafemi Akinrinade; 16. Russia Maria Smirnova; 17. South Africa Hannah Woolaver; 18. Turkey Ikboljon Qoraboyev and Emre Turkut; 19. United Kingdom Eirik Bjorge and Ewan Smith; 20. United States David Sloss; 21. Conclusions Fulvio Maria Palombino.

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Book SynopsisExplores the effects in theory and in practice of recent foreign inspired legal reforms in East Asia and Oceania. It provides a unique overview of the variety of methodologies that are conducive to a successful legal transplant.Trade Review'The range and depth of the analysis make the book a must-read for comparative law scholars and students all over the world.' Patrícia Jerónimo, I-CONnect Blog (http://www.iconnectblog.com/)Table of ContentsIntroduction Vito Breda; 1. The legal transplants debate: getting beyond the impasse? Andrew Harding; 2. Transplant shock: the hazards of introducing statutes of general application Jennifer Corrin; 3. Bentham's theory of legal transplants and his influence in Japan Michihiro Kaino; 4. On the Hardingian renovation of legal transplants Benjamen Gussen; 5. The incomplete legal transplant – good faith and the common law Anthony Gray; 6. How long is too long to determine the success of a legal transplant? International doctrines and contract law in Oceania Jessica Viven-Wilksch; 7. Proportionality in Australian public law Hoong Phun Lee and Colin Campbell; 8. Legal transfer and 'hybrid' international commercial dispute resolution procedures: lessons from the Singapore International Commercial Court Drossos Stamboulakis; 9. The Independent Lawyers' Association of Myanmar as a legal transplant: local challenges to the idea of an Independent National Bar Association Jonathan Liljeblad; 10. Shark sanctuaries as vehicles for transplanting conservation tools in disparate legal jurisdictions Erika Techera; 11. Global norms; Local resistance: addressing impunity in Japan and beyond Sophia O'Brien; 12. Legal transplants, temporary migration projects and special rights Tiziana Torresi; 13. Conclusion Vito Breda.

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Book SynopsisConstitutional political economy has emerged as an indispensable part of political economy. This book offers a concise survey of the questions, methods, and empirical findings central to this topic. What effects if any do constitutions have within autocracies? Can small electoral districts help reduce corruption? Does a country''s leadership affect the size of its government? Can direct democratic institutions increase politicians'' accountability to citizens? Stefan Voigt, a pioneer in the field, explores these questions and more throughout the course of this cutting-edge primer. As the number of courses in constitutional economics continues to grow, this book fills an important gap in the literature. This highly original project maintains curiosity about the questions it generates, identifying potential new areas of research whilst successfully demonstrating the impact constitutional rules have on political economy.Trade Review'Over the last 30 years or so, 'constitutional political economy' has emerged as an important branch of political economy, or more broadly political science and economics. This Primer presents a comprehensive survey of the diverse literatures that are relevant for the field. Although primarily designed for use in the classroom, it provides an excellent introduction to the field for scholars unfamiliar with this literature. Moreover, Stefan Voigt surveys such a vast number of relevant contributions that even scholars working within the field will discover works with which they were unfamiliar.' Dennis Mueller, Emeritus Professor of Economics, University of Vienna'This volume by one of the masters of constitutional political economy is the perfect introduction to this important line of research. It combines a state-of-the-art summary of current debates with clear, accessible writing. Highly recommended for those new to the field, but also essential reading for those who've worked in it as well.' Tom Ginsburg, Leo Spitz Professor of International Law and Professor of Political Science, University of Chicago'What happens when the toolkit of political economy is applied to the study of constitutional rules? The result is constitutional economics—a field that legal scholars and social scientists alike should get to know, because they will be hearing a lot more about it for years to come. And one could not ask for a clearer or more knowledgeable overview of this burgeoning field than this elegant volume by Stefan Voigt. Newcomers and advanced readers alike will benefit from its concise, candid, and critical evaluation of both the existing literature and the work that remains to be done.' David Law, Chancellor's Professor, University of California, Irvine'Comprehensiveness combined with successful brevity makes the book a valuable reference volume. An important contribution of the book is to point out studies that qualify or contradict results of past studies that have been given prominence and may have come to be regarded as having provided definitive answers to important questions. The book is suitable for researchers who want a succinct introductory overview as well as for researchers in the field who want to ensure that they have not missed essential questions and contributions.' Arye L. Hillman, Public ChoiceTable of ContentsIntroduction; 1. Conceptual Foundations; 2. Democracy vs. Autocracy; 3. Positive Constitutional Economics; 4. Conclusions – and Possible Future Issues; Appendix 1. Coding Countries According to Two Governance Scores; Appendix 2. Empirical Results at a Glance: Constitutional Rules as Explanatory Variables, Cross-Country Results Unless Otherwise Noted

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Book SynopsisThis book brings together research on democratization processes and constitutional justice by examining the role of three generations of European constitutional courts in the transitions to democracy that took place in Europe in the twentieth century. Using a comparative perspective, the author examines how the constitutional courts during that period managed to ensure an initial full implementation of the constitutional provisions, thus contributing - together with other actors and factors - to the positive outcome of the democratization processes. European Constitutional Courts and Transitions to Democracy provides a better understanding of the relationship between transitions to democracy and constitutionalism from the perspective of constitutional courts.Trade Review'Biagi has produced a masterpiece of comparative law. His methodologically careful, crisply analytic study of constitutional courts in Europe deepens our understanding of the role of judicial review in democratic transition. He shows how courts transform politics while securing constitutional democracy.' Tom Ginsburg, Leo Spitz Professor of International Law, University of Chicago'Francesco Biagi has written an important book on the role of constitutional courts in transitions to democracy. The literature on the subject is abundant, but Biagi's book stands out because of its unique combination of an historical and interdisciplinary approach to highlight legal landmarks and substantive democratic achievements. His account of three generations of transitions is highly rewarding as it affords a wealth of both retrospective and prospective insights.' Michel Rosenfeld, Yeshiva UniversityTable of Contents1. Democratic transitions and constitutional courts; 2. The first generation: the case of the Italian Constitutional Court; 3. The second generation: the case of the Spanish Constitutional Court; 4. The third generation: the case of the Constitutional Court of the Czech Republic; 5. Comparing three generations; Bibliography; Index.

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Book SynopsisFrom Parchment to Practice explores the set of problems that arise when a new constitution has been adopted. All new constitutions must manage a balance or tension between two forces: aspirations for social and political transformation on the one hand and demands for preservation of old interests and institutions on the other. The period following the initial adoption of a new constitution, is the conceptual, temporal, and institutional bridge between the past and future. It is the moment when the transformative and the preservative forces in constitutional design can come into the sharpest conflict. Through a series of case studies, this volume analyzes the variable nature of these type of conflicts - and the diverse means through which they are mediated, whether successfully or not.Trade Review'Highly recommended. Lower- and upper-division undergraduates. Graduate students, faculty, and professionals.' E. C. Sands, ChoiceTable of Contents1. Introduction. The first-period problem of constitutional implementation Tom Ginsburg and Aziz Z. Huq; Part I. The Problem of Transformation in Constitutional Design: 2. Looking 'backward' or 'forward' to American constitutional development: reflections on constitutional 'endurance' and 'adaptation' in the 'First Republic' Sanford Levinson; 3. Marking constitutional transitions: the law and politics of constitutional implementation in South Africa Rosalind Dixon and Theunis Roux; 4. India's first period: constitutional doctrine and constitutional stability Madhav Khosla; 5. Two steps 'forward', one step 'back'? Transformation and correction in the implementation of Ecuador's 2008 constitution Eric Alston; Part II. The Issue of Gender: 6. The long road ahead: the first period of a gender-responsive constitution in Zimbabwe Claudia Flores; 7. Constitutional reform and women's political participation: electoral gender quotas in post-Arab Spring Egypt, Tunisia, and Jordan Susan H. Williams; Part III. Institutional Development and the Role of Courts: 8. Explaining the institutional role of the Colombian Constitutional Court Diego González; 9. Implementing a new constitution in a competitive authoritarian context: the case of Kenya James Thuo Gathii; Part IV. Authoritarian Transitions: 10. Transformational authoritarian constitutions: the case of Chile Tom Ginsburg; 11. Authoritarian straitjacket or vehicle for democratic transition?: the risky struggle to change Myanmar's constitution Melissa Crouch; 12. The Ethiopian constitution and ethnic federalism Daniel Abebe.

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Book SynopsisThis book seeks to rebalance the relationship between comparison and justification to achieve more effective equality and non-discrimination law. As one of the most distinguished equality lawyers of his generation, having appeared in over 40 cases in the House of Lords and the Supreme Court and many leading cases in the Court of Justice, Robin Allen QC is well placed to explore this critical issue. He shows how the principle of equality is nothing if not founded on apt comparisons. By examining the changing way men and women''s work has been compared over the last 100 years he shows the importance of understanding the framework for comparison. With these insights, he addresses contemporary problems of age discrimination and conflict of equality rights.Table of Contents1. Why comparisons matter?; 2. Establishing an effective right to equal pay for equal work; 3. Comparing across the ages; 4. Comparisons when equality rights are in conflict.

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