Constitutional and administrative law: general Books
Oxford University Press Abusive Constitutional Borrowing Legal
Book SynopsisAbusive Constitutional Borrowing outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism.Trade ReviewDixon and Landau document the extent to which autocratic leaders have figured out how to convert independent courts and written rights guarantees into tools for consolidating power, repressing the opposition, and sidelining minorities. They support this account with a remarkable range of empirical examples, drawn from virtually all regions of the constitutional world. * Thomas M. Keck, Law & Social Inquiry *Table of Contents1: Introduction: A Dark Side of Comparative Constitutional Law 2: Democracy and Abusive Constitutional Change 3: The Concept and Scope of Abusive Constitutional Borrowing 4: The Abuse of Constitutional Rights 5: Abusive Judicial Review 6: The Abuse of Constituent Power 7: The Abusive Borrowing of Political Constitutionalism and Weak-Form Judicial Review 8: Can Abusive Borrowing Be Stopped?
£99.00
Oxford University Press, USA The Foundations of European Union Law
£39.99
Oxford University Press, USA Decision How the Supreme Court Decides Cases Oxford Paperbacks
Trade ReviewDecision combines the scholar's meticulous research with the journalist's instinct for reporting. A reader feels like a witness to the exercise of the best legal minds on the Court (and of those that sometimes fell short). In the end, this book is a reassuring picture of those who wield unreviewable power. * Marcia Coyle, The New York Times Book Review *This fascinating book shows how the major decisions of the Supreme Court came to be, including Roe v. Wade.... In all, a terrific primer on the Supreme Court, the true lawgivers of the republic. * Booklist *Shows that the justices...make law through a much more collaborative and less individualistic process than is generally assumed.... Reading about the justices' foibles and personality conflicts is all the more entertaining given the veil of secrecy behind which they normally work.... Thoughtful and illuminating. * Kirkus Reviews *While Supreme Court decisions determine the rights of all individuals and the powers of all government officials, the Court's deliberations and actions that lead to these vitally important decisions are largely shielded from public view. By shedding valuable light on the Court's behind-the-scenes workings, Decision should enrich public understanding and support of our constitutional liberties and the Justices who uphold them. * Nadine Strossen, President, American Civil Liberties Union, and Professor of Law, New York Law School *Privy to heretofore unrevealed internal memoranda, Professor Bernard Schwartz has produced a remarkable scholarly analysis of Supreme Court practice and the thought processes of past and present justices who have been at the helm of our nation's judiciary. * Stanley Mosk, Justice, Supreme Court of California *Arguably the leading Supreme Court scholar of the day. * Supreme Court Historical Society Quarterly *
£18.37
Oxford University Press Viewpoints on American Culture
Book SynopsisThis collection of 12 original essays brings together two themes of American culture - law and race. Cases discussed include Amistad, Dred Scott, Regents v. Bakke and O.J. Simpson.Trade Review"Overall, Gordon-Reed had compiled a fascinating collection by impressive scholars on important racially-oriented trials" Daniel Lipson, Law and Politics Book Review"Together, the twelve cases in Race on Trial cover a long span of U.S legal history, anf the authors provide fascinating biographies of the litigants behind the court cases" Daniel Lipson, Law and Politics Book Review
£39.09
Oxford University Press, USA The Rehnquist Court and the Constitution
Book SynopsisIn The Rehnquist Court and the Constitution, Tinsley Yarbrough provides a comprehensive look at today''s Supreme Court Justices and their record--a study all the more valuable for the Court''s mixed decisions and hard-to-categorize course. An accomplished biographer, Yarbrough offers incisive portraits of the nine who now sit on the high bench, and tellingly reviews their nomination hearings. He also explores the workings of the Court, ranging from the selection and role of the clerks to the work load (including the end-of-term June crunch) and assignment of opinions. But the heart of the book is a systematic exploration of the Court''s record in such fields as government power, economic regulation, and criminal justice. In decision after decision, the author discusses the various justices'' opinions, arguments, and legal theories; he also offers his own analysis (including a sharp critique of the decision to allow the Paula Jones lawsuit to move forward). Like many writers on the RehTrade Review"Meticulously researched, expertly analyzed, and written clearly and comprehensively, this book has captured the essence of the universe of the Rehnquist Court and its Justices. One of the country's foremost judicial biographers, Yarbrough has succeeded admirably in presenting and evaluating that tribunal's record in learned, objective, no-nonsense compass. It is a splendid work."--Henry J. Abraham, James Hart Professor of Government and Foreign Affairs, Emeritus, University of Virginia"Tinsley Yarbrough adds to his already impressive list of Supreme Court 'biographies this compelling study of Chief Justice William H. Rehnquist and his colleagues. Like his previous books, this new one is a model of scholarship, rooted as it is in the best sources and balanced as it is in its approach to not only Chief Justice Rehnquist but to the complex and highly competitive justices who make the nation's constitutional law. We are fortunate to have a scholar of Yarbrough's good judgment, clear intelligence, and fine writing skills to help us fix the Court in the larger universe of Ronald Reagan and his legacy of a thoroughly conservative federal judiciary."--Kermit L. Hall, Provost and Vice Chancellor for Academic Affairs and Professor of History, North Carolina State University"In this timely study a mature scholar weights the successes and failures of conservative attempts to 'Reaganize' the Supreme Court and constitutional law. Yarbrough's mixed balance sheet is fair-minded, succinct, insightful, and laced with fresh detail. Highly recommended to students, teachers, and general readers alike." --J. Woodford Howard, Jr., Thomas P. Stran Professor Emeritus of Political Science, The Johns Hopkins University"The Supreme Court may be an issue in the presidential election: seven of the justices were named by Republicans; just two by a Democrat. Since the next president may nominate several, this analysis of the Rehnquist Cousrt is timely."--Booklist"This is one of the most thorough and incisive guides to date on the thinking and deliberative process of the Supreme Court under Chief Justice William Rehnquist."--Publishers Weekly"Yarbrough, author of widely respected earlier works on the Supreme Court, has produces another outstanding volume that belongs on the bookshelf of all Court observers. In this case, Yarbrough offers astute analysis and cogent criticism of the High Court under the chief justiceship of William H. Rehnquist, who was appointed to the bench by President Nixon and elevated to the position of Chief Justice by President Reagan.... If one were to read a single work on the Rehnquist Court to this point, one should look no further than this fine, persuasive volume."--Library Journal
£18.37
Oxford University Press Our Secret Constitution How Lincoln Redefined American Democracy
Trade Review"In his typically provocative style, George Fletcher brilliantly evokes the true lessons of the Second American Revolution-the Civil War, the Gettysburg Address, and the post-bellum commitment to equality. No one who cares about racial justice, constitutional justice, or American history can afford to miss this beautifully written and persuasive revision of our traditional understanding of the Constitution."-Alan M. Dershowitz, Harvard Law School"This brilliant essay confronts our constitutional legacy, and vividly reveals the challenges involved in redeeming its promises for a new generation."-Bruce Ackerman, author of We the People"A provocative meditation on the Constitution that emerged from the redemptive experience of the Civil War.... His discussions of voting rights, education, affirmative action, victims' rights, and the constitutional grounding of a positive government are insightful and thought-provoking."-Mark Tushnet, Georgetown University Law Center"With subtlety and coherence, Fletcher presents a lively critique of constitutional law."-Publishers Weekly"Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."-The Denver Post
£17.57
Oxford University Press The Guardian of Every Other Right
Book SynopsisThe Guardian of Every Other Right chronicles the pivotal role of property rights in fashioning the American constitutional order from the colonial era to the current controversies over eminent domain and land use controls. The book emphasizes the interplay of law, ideology, politics, and economic change in shaping constitutional thought and provides a historical perspective on the contemporary debate about property rights. Since publication of the original edition of this work, both academic and popular interest in the constitutional rights of property owners has markedly increased. Now in its third edition, this text has been revised to incorporate a full treatment of important judicial decisions, notable legislation, and scholarship since the second edition appeared in 1997. In particular, Ely provides helpful background and context for understanding the controversial Kelo decision relating to the exercise of eminent domain power for public use. Covering the entire history of propertTrade ReviewAcclaim for previous editions "An informative and balanced account of the history of property rights protections under the Constitution. * The American Journal of Legal History *Acclaim for previous editions "This slender volume should serve well on reading lists both in introductory American history courses and in upper-division legal history or constitutional law courses. * The American Historical Review *Acclaim for previous editions "Greatly clarifies the pivotal place of private property in the American system. Through a sophisticated historical analysis, Ely illuminates two recurring issues of great importance: the constitutional limits on government regulation of property and the complex relationship between property ownership and individual liberty. * Norman Dorsen, New York University School of Law *Acclaim for previous editions "A wonderfully compact odyssey through the history of constitutional protection for property rights in this country. Tracing the winding evolution of Supreme Court decisions that affected the uses and enjoyment of property, as well as the government's attempts to regulate the same, Ely constructs a comprehensive, yet surprisingly readable examination of the issues. * The Journal of Southern History *Table of ContentsEditor's Preface ; Preface ; Introduction ; 1. The Origins of Property Rights: The Colonial Period ; 2. The Revolutionary Era, 1765-1787 ; 3. "Property Must Be Secured": Establishing a New Constitutional Order ; 4. The Development of Property Rights in the Antebellum Era, 1791-1861 ; 5. The Gilded Age and the Challenge of Industrialization ; 6. Progressive Reform and Judicial Conservatism, 1900-1932 ; 7. The New Deal and the Demise of Laissez-Faire Constitutionalism ; 8. Property Rights and the Regulatory State ; 9. Epilogue ; Notes ; Bibliographical Essay ; Index of Cases ; Index
£31.02
Oxford University Press, USA Measuring Judicial Activism
Book SynopsisMeasuring Judicial Activism supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. Complaints about activist Court decisions are common within contemporary political discourse, but these objections often have little substantive meaning beyond the speaker''s disagreement with particular case outcomes. Frequently debated by legal scholars, judicial activism is shaped by the participants'' ideological perspectives as well as by their subjective views regarding ambiguous constitutional provisions. Although no study can be perfectly objective, Measuring Judicial Activism seeks to move beyond these more subjective debates by conceptualizing activism in non-ideological terms, identifying specific empirical dimensions to the concept, and measuring those dimensions using systematic social scientific techniques. In so doing, the book allows the authors to assess the relative activism of recent justices on the Court. Stefanie LindquisTrade Review"Measuring Judicial Activism is a serious, scholarly work that nearly all academic law libraries will want to purchase." -- Law Library Review "Lindquist and Cross seek to move beyond subjective debates about judicial activism on the US Supreme Court by conceptualizing activism in nonideological terms, identifying specific empirical dimensions to the concept, and measuring those dimensions using systematic techniques. Examining the Court's exercise of judicial review to invalidate legislative and executive action and the justices' willingness to expand the Court's power by granting litigants increased access to the courts, they assess the relative activism of recent justices on the Court." --Law & Social Inquiry, Fall 2009Table of Contentsn/a
£79.20
Oxford University Press Inc The Living Constitution Inalienable Rights
Book SynopsisIn The Living Constitution (part of the Inalienable Rights book series) acclaimed constitutional scholar David Strauss argues that these two approaches are reconcilable.Trade Review"If David Strauss's marvelous book doesn't convince Justice Scalia to accept rather than abhor the idea of a living constitution, nothing will." --William Wargo, The Vermont Bar Journal "Writing in prose that laymen will find lucid and inviting, Strauss makes the usually fuzzy idea of a living Constitution rigorous and substantive."--Publishers Weekly "Succinct and elegant"--Steve Chapman, Chicago Tribune "Strauss keeps a low public profile but legal scholars know him to be a first-class mind. This book, written for the general reader, shows that he is also a master stylist, whose prose is Orwellian in the good sense: clear as a pane of glass."--The New Republic "Whatever one may think of these issues, it is clear that Strauss has provided a great service to both academics and the general reading public. He has produced a short, accessible, well-written, thoughtful, and incisive defense of living constitutionalism, one which can also serve as a valuable introduction to foundational debates about the nature of constitutional interpretation."--The Law & Politics Book Review "Timely and important...a novel and creative contribution to the ongoing debate about the nature of the U.S. Constitution, and will influence the dialogue for years to come."--Harvard Law Review "I regard The Living Constitution to be a tremendous success. It deserves to be widely read by students, lay people, and specialists."--Notre Dame Philosophical ReviewsTable of ContentsIntroduction: Do We Want A Living Constitution? 1. Originalism and Its Sins 2. The Common Law 3. Freedom of Speech and the Living Constitution 4. Brown v. Board of Education and Innovation in the Living Constitution 5. Common Ground and Jefferson's Problem 6. Constitutional Amendments and the Living Constitution
£19.49
Oxford University Press Getting the Government America Deserves
Book SynopsisIn order to be effective, federal ethics law must address sources of systematic corruption rather than simply address motives that individual government employees might have to betray the public trust, such as personal financial holdings or family relationships. Getting the Government America Deserve articulates a general approach to combating systemic corruption as well as some specific proposals for doing so. Federal ethics law is relatively unknown in legal academia and elsewhere outside of Washington, D.C., but it is binding on over one million federal employees. Lobbyists, federal contractors, lawyers and others who interact with the federal government are also deeply interested in federal ethics law and represent a surprisingly large market for a little-studied area of the law. Getting the Government America Deserve analyzes government ethics law from the perspective of an academic critic and that of a lawyer who was the chief White House ethics lawyer for two and a half years. Trade Review"Government ethics is an area of the law that is not written about by legal academics and lawyers as much as it should be; it influences everything from how billions of dollars of taxpayer money are spent, to who gets top political appointments and whether this country is at war or at peace. Richard Painter offers concrete ideas for distancing government officials from lobbyists, campaign fundraisers, trade associations and other special interests that can easily drown out the voices of ordinary Americans. His experience includes being the chief White House ethics officer during one of the most challenging times in our recent history. His book has an intriguing set of proposals to address issues that are critical for our country's future. He addresses root causes of corruption in today's government while recognizing that many people in public life want to serve the public rather than special interests." -Walter Mondale, 42nd Vice President of the United States "Getting the Government America Deserves offers a comprehensive analysis and overview of ethics in government in early twenty-first century America. Melding practical experience at the highest levels and the knowledge and perspective gained from years of researching and teaching in the area, Painter provides a thoughtful perspective on crucial questions of accountability, transparency, and integrity in government. This is an original and important contribution that should be of interest to policymakers, attorneys, scholars, teachers, and anyone else who is concerned with how society should regulate the conduct of high-level government officials." -Geoffrey P. Miller, New York University School of Law "Everyone is in favor of ethics, and particularly ethics in government. But once we move from the abstract to the concrete, agreement fades. Professor Richard Painter is in a unique position to contribute to the debate. He is a law professor, the author of several articles, and a book on legal ethics. He was instrumental in persuading Congress to require any lawyer who represents a corporation to report known fraud up the ladder to senior management, and if that does not work, to the client's board of directors. And, he was former ethics counsel for President George W. Bush. His new book, Getting the Government America Deserves, gives us an inside look at how President Bush dealt with issues of government ethics and what President Obama can learn from that experience. This is the book that every well-informed citizen should read. Professor Painter offers substantial concrete proposals to clean up corruption in Washington." l-Ronald D. Rotunda, Chapman University School of LawTable of ContentsChapter 1 ; Government Ethics Rules That Don't Work When We Need Them, Rules We Have That We Do Not Need, And Rules We Need But Don't Have At All ; Gifts and Travel ; Financial Disclosure ; Financial Conflicts of Interest ; Insider Trading ; Covered Relationships and the Impartiality Rule ; The Revolving Door ; Odd Ball Ethics Rules the Executive Branch does not need but Congress thinks it does ; Congress's Rules for Itself - Stringency or Hypocrisy? ; The Rules ; The Honest Leadership and Open Government Act ; Can there be better rules? ; Chapter 2 ; Implementation and Enforcement of Government Ethics Rules - How Big are the Gaps in the System? ; Sex, Drugs, and Rock and Roll - and Matters of Money and Revolving Doors - in Clearing the President's Nominees ; Ethics Training, Monitoring and Enforcement at the Agency Level ; The Office of Government Ethics - An Overworked and Underappreciated Agency ; Inspectors General. Does the White House need one? ; Special Government Employees ; Outsourcing Government Functions - but not Ethics - to Private Contractors ; Chapter3 ; Bagmen in Black Tie or Professional Intermediaries - The Growth of Lobbying and Prospects for Reform ; A Short History ; The Influence of Lobbyists ; K-Street Society on the banks of the Potomac ; Use and Abuse of K Street's Power ; Why the disclosure regime is inadequate and why we need substantive regulation of lobbyists ; Chapter 4 ; Off the Books Lobbying, Electioneering and the Special Purpose Entities that Do It ; Think tanks ; Public Policy Groups ; Legal Policy Groups ; Single Issue Advocacy Groups ; Foreign Governments, Their Friends and Enemies ; Foreign Policy Advocacy Organizations ; Religious Advocacy Groups ; Trade and Industry Associations ; 501c(4) Organizations and 527s ; The Overall Impact of Washington's Special Purpose Entities ; Chapter 5 ; The Official White House Office of Political Affairs, the Unofficial Office of Political Affairs, and Personal Capacity Political Activity by Government Officials ; Chapter 6 ; Building a Bridge to Somewhere - A Perspective on the Cost of Earmarks from the Banks of the Mississippi ; Chapter 7 ; Campaign Finance - The Elephant and Donkey in the Room ; Chapter 8 ; Beyond Ethics and Back - What is Wrong with Government Decision Making? ; Ethics Officials' Scope of Authority is too Narrow ; Government Lawyering is sometimes Excessively Political and Insufficiently Objective ; No Matter how Many Times they Make the Same Mistake, Government Officials Still Succumb to the Psychology of the Cover-up ; Afterword ; Index
£85.50
OUP India American Constitutionalism
Book Synopsis
£102.59
Oxford University Press Inc FDRs Gambit The Court Packing Fight and the Rise
Book SynopsisTrade ReviewThis boldly revisionist history of FDR's effort to 'pack' the Supreme Court could not be more timely or relevant. Laura Kalman, one of the country's most important legal historians, offers a spellbinding exploration of the realm where law and politics met in 1937-and where, with the stakes as high as ever, they still meet today. * Linda Greenhouse, Yale Law School *By writing from the perspectives of the players, especially FDR, Laura Kalman casts much new light on an episode-the Court-packing plan-that many of us falsely believe we know all about. She writes vividly and leads readers to want to turn pages to find out what comes next. A wonderful read on an important topic. * Sanford Levinson, author of Framed: America's 51 Constitutions and the Crisis of Governance *One of the nation's preeminent legal historians, Laura Kalman provides an insightful and entertaining look at the New Deal constitutional crisis. Kalman shines a fresh light on the public and legislative reaction to Franklin Roosevelt's 'court-packing plan' and explains why Roosevelt was unable to persuade a Democratically-controlled Congress to increase the number of Supreme Court justices. FDR's Gambit is a must-read for anyone interested in the story behind this bold political move at a pivotal moment in the history of the Court and of the nation. * Brad Snyder, author of Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment *With Supreme Court reform again bobbing up and down at the surface of political contention, Laura Kalman's meticulous examination of the political history of FDR's Court-packing plan cautions against any simple version of what happened. Moving almost day by day, Kalman shows how complicated the Court-packing plan's course was (like that of any piece of significant legislation). Was the plan a blunder by FDR? Maybe yes, maybe no. Was it doomed from the start? Perhaps, but perhaps not. Did politically savvy interventions by the Court and its Chief Justice derail the proposal? A bit, but perhaps not too much. Kalman's careful account lets readers come to their own conclusions about the plan's fate-and about the meaning of the episode for our own times. * Mark Tushnet, William Nelson Cromwell Professor of Law emeritus, Harvard Law School *Laura Kalman's revisionist account of the Court-packing crisis of 1937 delves more widely and deeply into the relevant archival materials and contemporary journalistic coverage than has any previous treatment. Her overview of the vast body of scholarship concerning constitutional development in the New Deal period is erudite and discerning. Even those who may differ with her normative perspective or with some of her interpretive conclusions will find much to learn from and admire in this absorbing and illuminating narrative. * Barry Cushman, John P. Murphy Foundation Professor of Law, University of Notre Dame *Laura Kalman has been a longtime participant in and observer of the ongoing debate about the political and legal significance of the Roosevelt Administration's introduction of a bill to expand the size of the Supreme Court in early 1937. This book is her most recent and extensive contribution to the debate. It demonstrates Kalman's great talent for archival research and exceptional command of scholarly literatures. Students of the New Deal, twentieth century American politics, and twentieth-century constitutional history are in debt to Kalman for her illuminating intervention into a scholarly issue of enduring significance. * G. Edward White, David and Mary Harrison Distinguished Professor, University of Virginia School of Law *The book will be useful in courses on the political process. * Choice *Table of ContentsAcknowledgments Preface Court Packing as History and Memory 1. Roosevelt v. "The Nine Old Men": March 1933-February 1936 2. Victory-and Its Fruits: April 6-December 26, 1936 3. Bright Prospects, Bold Opposition: January 1-March 3, 1937 4. A Change in Tune at the White House--and at the Court?: March 4-April 11, 1937 5. "Talk of Compromise...Heard Everywhere": April 12-May 25, 1937 6. "Prestige": May 18, 1937-November 8, 1938 7. Afterlife: 1937-2021 Afterword About those "later historians": Historians, Political Scientists, and Law Professors Confront "1937" Notes Index
£27.99
Oxford University Press Inc Liars
Book SynopsisWorldwide, people are circulating damaging lies and falsehoods through powerful social media platforms that reach billions. They range from claims that COVID-19 is a hoax to the theory that vaccines cause autism. In Liars, Cass Sunstein argues that free societies must generally allow falsehoods and lies, which cannot be excised from democratic debate. At the same time, governments should regulate specific kinds of falsehoods: those that genuinely endangerhealth, safety, and the capacity of the public to govern itself. Sunstein concludes that government and private institutions, like Facebook and Twitter, currently allow far too many lies, including those that threaten public health and democracy.Trade ReviewThis is a closely argued examination of lying and fake news, mainly in relation to US laws and organisations... He certainly shows it is a complex subject and offers some suggestions on how to deal with our Age of Deception without embracing Orwellian controls and restrictions. * Nigel Watson, Fortean Times *Sunstein has provided an excellent foundation for understanding the possible roles that the legal system and private institutions in the United States can play, bearing in mind, all the while, adherence to the First Amendment. * Clay Calvert, Criminal Law and Criminal Justice Books *A passionate and forceful argument from America's pre-eminent legal scholar that our law ought to do more to protect the public from the harms of falsehood. * Robert Post, Sterling Professor of Law, Yale Law School *An increasing amount of what we hear and read is demonstrably factually false, and the acceptance of falsity has grave consequences for democratic decision-making. Drawing on legal doctrine, psychological research, and an impressive command of the dynamics of modern media, Cass Sunstein offers a sobering explanation of why factual falsity is increasingly prevalent in contemporary public discourse and why American free speech doctrine may do more to exacerbate than alleviate the problem. This book is essential reading in the modern political and media environment. * Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia *An insightful, balanced, and readable book, by one of America's leading legal scholars — whether you ultimately agree with its suggestions or not, you will learn much from its analysis. * Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law *Table of ContentsChapter 1: Lies and Falsehoods Chapter 2: A Framework Chapter 3: Ethics Chapter 4: Stolen Valor Chapter 5: Truth Chapter 6: Falsehoods Fly Chapter 7: Your Good Name Chapter 8: Harm Chapter 9: Truth Matters Appendix: Excerpts from Policies of Facebook, Twitter, and YouTube Acknowledgments
£18.89
Oxford University Press Inc The UnWritten Constitution
Book SynopsisIlluminates the unwritten ideas that underlie our deepest debates about the written Constitution. The late Justice Scalia relished pointing to departures from the written text of the Constitution as a departure from Constitutional law itself, but in fact his own jurisprudence relied on unwritten ideas. Given that Scalia''s textualist approach to constitutional interpretation has become even more prominent in recent years with the elevation of Justices Gorsuch, Kavanaugh, and Barrett--all jurists in the mold of Scalia--to the Supreme Court, it is crucial that the public understands that these textualists all rely on unwritten ideas when they interpret the Constitution. Indeed, our most intense debates about America''s written Constitution are not about constitutional text, but about the unwritten ideas and understandings that guide our reading of the text.In The (Un)Written Constitution, George Thomas makes these ideas visible by turning to the practices of Supreme Court justices and political actors in interpreting the Constitution over more than two centuries. From founding debates about freedom of speech and religion to contemporary arguments about judicial review, the separation of powers, same--sex marriage, and partisan gerrymandering, he highlights the too--often unacknowledged ideas that animate our debates about the written Constitution. Contrary to the self-identified textualists, Thomas argues, these recurrent debates are not about whether to follow the text. Rather, they are disputes about what fidelity to the text requires.Illuminating how moving beyond the text is an inescapable feature of interpreting the written Constitution, this concise primer on constitutional interpretation forces us to consider the text--and the unstated principles that lie beneath it-in a new light.Trade ReviewI think this book will be an excellent supplement for students working their way through the canon of constitutional law and trying to understand why and how the constitution and its meaning evolve over time, even when the text does not change. In my experience,the best reads are the ones that leave us with burning questions for future scholars and thinkers to resolve. The (Un)Written Constitution certainly accomplishes that. * Amanda Hollis Brusky, Review of Politics *The (Un)Written Constitution is a thoughtful, well-written slim volume that I could easily see assigning in an advanced undergraduate constitutional law course. Indeed, by paying close attention to Thomas's arguments, students will surely emerge as more confident constitutional interpreters in their own right and enhance their understanding of the necessity of exploring the principles that underlie the opinions of the justices. * Kevin J. McMahon, Trinity College, Perspectives on Politics *The (Un)Written Constitution involves Thomas's careful elucidations of the reasoning of judges on both sides of the political divide in a series of well-known Supreme Court decisions, from the nation's inception to the present * KEN I . KERSCH, American Political Thought *Before turning to the substance of Thomas' arguments, it is important to note that this book is extremely well-written and accessible enough for well-informed non-lawyers but also sufficiently sophisticated to appeal to constitutional law professors—no easy trick. Above all, Thomas does a masterful job presenting opposing arguments in their strongest lights before he tears them down. He takes textualist arguments seriously, even when he rejects them, which is exactly how a scholar should treat counterarguments. * Eric Segall, Georgia State University College of Law, The New Rambler *The (Un)Written Constitution is a marvelously concise and myth-busting account of America's central constitutional debates. By proving beyond dispute that all constitutional interpreters must rely on unwritten assumptions and political theories to make sense of the constitutional text, Thomas helps lift the fog of confusion that shrouds so much constitutional controversy. A must read for judges, students, and citizens: all who seek to understand the meaning of our founding texts. * Stephen Macedo, Laurance S. Rockefeller Professor of Politics and Human Values, Princeton University *All constitutional interpretation begins somewhere within the four corners of the text. But as George Thomas argues in this crisply written, astute, and occasionally ironic analysis, how jurists read and interpret that text always rests upon some set of notions about the political theory of the Constitution, the moral values embedded in it, and a host of other ideas about the enterprise of legal interpretation. For Thomas, these are the '(un)written' parts of the Constitution that appear nowhere in its text but that permeate the whole messy enterprise of interpretation that he deftly dissects. * Jack Rakove, William R. Coe Professor of History and American Studies, Emeritus, Stanford University *Thomas argues that textualists and originalists, no less than living constitutionalists and moral readers, make judgments based on unwritten understandings of the Constitution-debatable interpretations of its fundamental concepts, principles, and commitments, as well as of the underlying political theory embodied in the Constitution. Thus, contrary to common assertions, our disagreements in constitutional interpretation are not between those who stick to the text and those who go outside it. This is a timely, accessible, and compelling book. * James E. Fleming, The Honorable Paul J. Liacos Professor of Law, Boston University School of Law *This book persuasively shows that our central constitutional disagreements are not about the written text, but about unwritten ideas and understandings. Thomas succeeds in showing that this distinction between the unwritten and written is a misleading one and that the Constitution is most notably a work of applied political theory. All justices appeal to the underlying political theory of the document, a theory that in many cases they often disagree about. The book nicely draws on historical and contemporary examples to advance this argument. * Sonu Bedi, Joel Parker 1811 Professor in Law and Political Science and Professor of Government, Dartmouth College *Table of ContentsIntroduction: Interpreting a Written Constitution Chapter 1 Text and Textualism Chapter 2 Text and Originalism Chapter 3 Text and Republican Government Chapter 4 Text and the Separation of Powers Chapter 5 Text and Unwritten Understandings Conclusion: The Inescapability of Constitutional Judgment Notes Index
£23.27
Oxford University Press Inc Rethinking Market Regulation Helping Labor by
Book SynopsisA subversive approach to economic theory, Rethinking Market Regulation explores the devastating impact of globalisation and a lack of governmental regulation on the US workforce. It challenges two key economic principles: that markets are competitive, making government intervention unnecessary, and the claim that corporations exist for the benefit of their shareholders, but not for other stakeholders. Arguing that both principles are based in myth, this book offers an insightful perspective into the plight of workers faced with widespread job losses through the merging and outsourcing of resources. Rethinking Market Regulation ties together the problems that come with using economic principles as a justification for a lack of government intervention with the harm and widespread social repercussions faced by workers. With a close focus on the personal and financial consequences of losing employment, this book offers a compelling comparison of the legal and social treatment of labor in the US and the EU, closing with the recommendation for a new regulatory regime as a prescription for the current system of mass inequality and widespread job losses. Rethinking Market Regulation is ideal for scholars, professionals and anyone else interested in gaining an alternative perspective to modern US economic theory and market regulation.Trade ReviewJohn Drobak uses Rethinking Market Regulation: Helping Labor by Overcoming Economic Myths to make the case for stronger consideration of labor issues in merger analysis and other government decisions. A well-argued book, it draws heavily on Drobak's expertise in law and economics and his work with the late Nobel laureate Douglass North. * Claude Marx, FTCWatch *Rethinking Market Regulation is a timely and much needed rebuttal to the economic analysis that has justified decades of corporate outsourcing of millions of jobs and the legitimization of massive executive compensation in our country during hard times for many employees. Drobak, contrary to Wall Street Myth, fervently believes greed is not good and urges several thoughtful proposals for change, notably including adding labor representation to corporate boards and creating a new Federal review board for mergers to assess the expected displacement of labor. This is a stellar work that deserves the widest possible readership. * Joel Seligman, President Emeritus and University Professor, University of Rochester, Dean Emeritus and Professor, Washington University School of Law *Rethinking Market Regulation tells a challenging story about labor markets. A legal scholar and a long-term intellectual partner to Douglass North, the author undercuts the ongoing economic narrative about the benefits of the so-called workforce flexibility and the presumably 'intractable' rigidities introduced by labor regulations. His interpretation provides substantial food for thought about the ongoing divisions of American society and, more generally, about rising populism everywhere. * Claude Ménard, Professor of Economics, Centre d'Economie de la Sorbonne *In this extremely valuable and insightful book, John Drobak dismantles the many economic myths that have prevented America from moving toward a more socially just society. Rethinking Market Regulation provides a critical refutation of past orthodox thinking and policies, delivering a much-needed blueprint for where we need to be heading in the future. * Mark R. Rank, Herbert S. Hadley Professor of Social Welfare, Washington University in St. Louis *In this thought-provoking book, John Drobak invites us to take a new look at markets and regulation, by challenging many of the standard assumptions made by economists. Perhaps Drobak's biggest idea rests on citizen/voter beliefs about the market. If a large portion of Americans become disillusioned with markets because they believe markets work only for the rich, then it risks a political backlash. This is a recipe for populism and anti-market policies. * Barry R. Weingast, Ward C. Krebs Family Professor of Political Science, Stanford University *Table of ContentsChapter 1 - Introduction Chapter 2 - The Theory of Competitive Markets Chapter 3 - Lack of Competition in U.S. Markets Chapter 4 - The Effects of Mega-Mergers Chapter 5 - Corporate Stakeholders Chapter 6 - Outsourcing in the U.S. and Europe Chapter 7 - Legitimization of Greed - Heartbreak to Workers Chapter 8 - Belief Systems and Confirmation Bias Chapter 9 - Recommendations Chapter 10 - Postscript Bibliography Appendix A - Profitability of the Four Major Airlines Appendix B - Methods to Determine Concentration Appendix C - Results of Concentration Studies Appendix D - Congressional Bills Regulating Outsourcing
£99.00
Oxford University Press Inc The United States Defend Forward Cyber Strategy A
Book SynopsisTrade ReviewThe Department of Defense's shift in 2018 to a posture of persistence in operations and forward cyber defense is an important step toward achieving better national cybersecurity. The United States' Defend Forward Cyber Strategy is an indispensable contribution to understanding this novel strategic approach and the important, related questions raised at the intersection of domestic and international law and policy. The essays in this volume, written by leading experts from the academy and the U.S. government, tackle these questions with unique expertise and exceptional insight. They provide invaluable guidance for ensuring the U.S. can defend forward in cyberspace consistent with its commitment to the rule of law. * Admiral (retired) Michael S. Rogers, Former Director, National Security Agency and Commander, U.S. Cyber Command *America's Defend Forward cyber strategy is a momentous change in the approach to cyber conflict that has, to date, been under analyzed. This new groundbreaking volume begins that inquiry. It is the first thorough and thoughtful account of the legal underpinnings of Defend Forward. The analysis is of such high quality that it will, no doubt, be the baseline examination that defines the field for years to come. * Paul Rosenzweig, Former Deputy Assistant Secretary for Policy, Department of Homeland Security *Goldsmith's volume offers a welcome tour d'horizon of the domestic, international, and comparative legal issues associated with the United States' Defend Forward strategy and the tactics of persistent engagement that support it. With chapters by leading government and academic experts, this book surveys key legal restraints and authorities under the U.S. Constitution and other domestic laws as well as all the relevant international legal topics such as sovereignty, intervention, counter-measures, and attribution. Supplemented by comparisons to Israeli and U.K. approaches, the result is not simply an introduction to an under-explored topic, but a lasting—and significant—contribution to the field. * Duncan B. Hollis, Laura H. Carnell Professor of Law, Temple Law School *Table of ContentsIntroduction by Jack Goldsmith Part I: Background 1. Defend Forward and Persistent Engagement by Gary Corn & Emily Goldman 2. Scenarios for Defend Forward 3. U.S. Cyber Command's First Decade by Michael Warner Part II: Domestic Framework 4. The Domestic Legal Framework for U.S. Military Cyber Operations by Robert Chesney 5. Cyberattacks and the Constitution by Matthew C. Waxman 6. Defend Forward and the FBI by James Baker & Matt Morris Part III: International Law Framework 7. Defend Forward and Sovereignty by Jack Goldsmith & Alex Loomis 8. Defend Forward and Cyber Countermeasures by Ashley Deeks 9. Covert Deception, Strategic Fraud, and the Rule of Prohibited Intervention by Gary Corn 10. Due Diligence and Defend Forward by Eric Talbot Jensen and Sean Watts 11. Defend Forward and Attribution by Kristen E. Eichensehr Part IV. Comparative Perspectives 12. Persistent Aggrandizement? Israel's Cyber Defense Architecture by Elena Chachko 13. Defend Forward and the United Kingdom's Legal System by Robert Chesney
£36.04
Oxford University Press Inc The Preservation of Art and Culture in Times of
Book SynopsisTrade ReviewIn war, belligerents sometimes intentionally destroy treasured artifacts of their adversary's culture or plunder those artifacts to fund their own war effort. Members of a society sometimes destroy elements of their own cultural heritage as symbols of values or historical practices they repudiate. The essays in this superb collection carefully examine the full range of moral, legal, and evaluative issues raised by the meanings, value, and vulnerability of cultural artifacts - issues that have hitherto been unjustifiably neglected by those of us who have written about the morality of war. * Jeff McMahan, Sekyra and White's Professor of Moral Philosophy, University of Oxford, author of Killing in War *The destruction of cultural heritage amidst violence and atrocities is not new, but the post- Cold War era has delivered not only death and displacement but cultural wastelands as well. These essays provide invaluable insights for analysts and practitioners to understand what is happening and what can be done about it. * Thomas G. Weiss, Presidential Professor of Political Science, City University of New York Graduate Center *This volume is a timely, truly indispensable contribution to its field. Thoughtful and wide ranging, the essays constitute a thoughtful exploration of the high stakes of cultural heritage and preservation, now and for generations to come. * Julian Siggers, President and CEO, The Field Museum *During the last two decades, the wars in Iraq, Afghanistan, and Syria have impacted every archaeologist, museum curator, and expert in cultural property. This book is the first to synthesize the legal and cultural issues with which we've dealt and to offer strategies for cultural property protection in the future. * C. Brian Rose, James B. Pritchard Professor of Archaeology, University of Pennsylvania *A vital contribution to the emerging intersection of heritage, security and international law, this volume is highly relevant to the increasing level of conflict surrounding cultural heritage at home and abroad. This impressive interdisciplinary set of contributions from leading scholars tackles the difficult moral, legal and political issues and the array of actors involved, from international organizations and state authorities to non-state actors. A timely and ethical intervention. * Lynn Meskell, Professor of Anthropology, Penn Museum *Table of ContentsPreface Acknowledgments List of Contributors List of Abbreviations Introduction: Cultural Heritage and Armed Conflict: Preserving Art While Protecting Life Frederik Rosén PART I. THE VALUE OF CULTURAL HERITAGE 1. Preserving Valuable Objects and Sites, in Times of War and at Other Times Derek Gillman 2. The "Cultural Turn" and the Reconstruction of Heritage Helen Frowe and Derek Matravers 3. Mission Impossible: Weighing the Protection of Cultural Property against Human Lives Frederik Rosén 4. Weaponizing Culture: A Limited Defense of the Destruction of Cultural Heritage in War Duncan MacIntosh 5. The Concept of Cultural Genocide Martin Hamilton PART II. LEGAL AND SECURITY ASPECTS OF CULTURAL HERITAGE PRESERVATION 6. Combating Illicit Trade in Cultural Objects to Defend Peace and Security Kristin Hausler and Andrzej Jakubowski 7. Cultural Property Protection in the Context of Counter Terrorist Financing: An Emerging Legal Paradigm Ricardo A. St. Hilaire 8. Non-Party Obligations for Cultural Property in Armed Conflict under the 1954 Hague Convention, Protocol II Elizabeth Varner 9. The International Criminal Court and Cultural Property: What Is the Crime? Mark A. Drumbl 10. Training for Cultural Property Protection Laurie W. Rush PART III. HEALING THE PAST: REPATRIATION OF STOLEN ART AND CULTURE 11. Wartime Loot in American Museums: Lessons from the Museum of Fine Arts, Boston Victoria Reed 12. Nazi Looting and Internal and External Colonial Plundering: Differences in Responses Jos van Beurden 13. Syrian and Iraqi Opinion on Protecting, Promoting, and Reconstructing Heritage after the Islamic State Benjamin Isakhan and James Barry 14. The Geopolitical Context of Cultural Heritage Destruction Carsten Paludan- Müller Index
£124.52
Oxford University Press Inc Social Media Freedom of Speech and the Future of
Book SynopsisTrade ReviewThis book is strongly recommended for those interested in the intersection of social media and politics and for instructors looking for readily comprehensible articles for their upper-division courses. * J. McQuiston, CHOICE *In this elegant volume, equally valuable to specialists and lay readers, two lifelong scholars of First Amendment jurisprudence gather an array of experts to explore the problems presented by digital technology and their possible solutions. * Jessica T. Mathews, Foreign Affairs *Lee Bollinger and Geoffrey Stone have done a great public service by assembling this extraordinary group of contributors to think through the risks to democracy posed by social media and the internet. Protecting our constitutional traditions, in the face of seismic technological change, and the unmooring of democratic foundations is one of the greatest challenges of our times. Yet, what emerges from this volume's thoughtfully constructed collection of essays, and the hard choices made by a commission tasked with synthesizing the many perspectives presented here, is invaluable guidance for what must be done now if we are to preserve meaningful public discourse and our democracy. The fact that so many distinguished leaders from government, academia, the tech industry, and journalism devoted their time to this project underscores the urgent need to chart a new course. * Valerie Jarrett, Former Senior Advisor to the President of the United States *I can think of no better introduction to the highly consequential question of regulating speech on social media. Bollinger and Stone have assembled an outstanding array of authors who, with clarity, felicity, and deep knowledge, cover the many facets of this pressing problem. * Robert Post, , Sterling Professor of Law, Yale Law School *Events in recent years have made plain the challenges that social media platforms present to our democracy-harmful speech, divisive speech, misinformation, foreign interference, and more. The First Amendment stands as both an ideal and a potential obstacle in addressing these challenges. Bollinger and Stone have enlisted an extraordinary array of leading experts to tackle these issues from all angles. This volume is invaluable for understanding and charting the future of American democracy. * Jack Goldsmith, Learned Hand Professor of Law, Harvard University *Table of ContentsAcknowledgments List of Contributors Opening Statement Lee C. Bollinger and Geoffrey R. Stone Regulating Harmful Speech on Social Media: The Current Legal Landscape and Policy Proposals Andrew J. Ceresney, Jeffrey P. Cunard, Courtney M. Dankworth, and David A. O'Neil Part One: An Overview of the Problem 1 Social Media and First Amendment Fault Lines David A. Strauss: 2 A Deliberate Leap in the Opposite Direction: The Need to Rethink Free Speech Larry Kramer: 3 The Disinformation Dilemma Emily Bazelon: 4 A Framework for Regulating Falsehoods Cass R. Sunstein: Part Two: Reforming Section 5 The Free Speech Industry Mary Anne Franks: 6 The Golden Era of Free Speech Erwin Chemerinsky and Alex Chemerinsky: 7 Section 230 Reforms Sheldon Whitehouse: Part Three: Content Moderation and the Problem of Algorithms 8 Algorithms, Affordances, and Agency Renée DiResta: 9 The Siren Call of Content Moderation Formalism evelyn douek: 10 Free Speech on Public Platforms Jamal Greene: 11 The Limits of Antidiscrimination Law in the Digital Public Sphere Genevieve Lakier: 12 Platform Power, Online Speech, and the Search for New Constitutional Categories Nathaniel Persily: 13 Strategy and Structure: Understanding Online Disinformation and How Commitments to "Free Speech" Complicate Mitigation Approaches Kate Starbird: Part Four: Other Possible Reforms 14 To Reform Social Media, Reform Informational Capitalism Jack M. Balkin: 15 Follow the Money, Back to Front Yochai Benkler: 16 The First Amendment Does Not Protect Replicants Lawrence Lessig: 17 Social Media, Distrust, and Regulation: A Conversation Newton N. Minow, Nell Minow, Martha Minow, and Mary Minow: 18 Profit Over People: How to Make Big Tech Work for Americans Amy Klobuchar: Report of the Commission Katherine Adams, Martin Baron, Lee C. Bollinger, Hillary Clinton, Jelani Cobb, Russ Feingold, Christina Paxson, Geoffrey R. Stone Concluding Statement Lee C. Bollinger and Geoffrey R. Stone Notes Index
£23.49
Oxford University Press Inc Between Crime and War Hybrid Legal Frameworks for
Book SynopsisTable of ContentsForward Lieutenant General Charles N. Pede Introduction Jens David Ohlin & Mitt Regan Part I: The Framework Problem in Modern Conflict: Can we Still Distinguish War From Crime? Chapter 1. Non-State Actors, Terrorism, and the War Paradigm Revisited Seth Cantey Chapter 2. The Limits of Law and the Value of Rights in Addressing Terrorism: A Study of the UN Counter-Terrorism Architecture Fionnuala Ní Aoláin Chapter 3. The Paradox of Discrimination: When More Violence Triggers Fewer Legal Constraints Jens David Ohlin Chapter 4. Fighting Terrorism under All Applicable Law Joshua Andresen Chapter 5. When Conflict Recurs: Classification of Conflict when Hostilities Break Out Anew Laurie Blank Part II: War as Criminal Enforcement Chapter 6. Non-State Actors in a Post-War World: Conceptualizing War as Criminal Enforcement Claire Finkelstein Chapter 7. Urban Warfare: Policing Conflict Ken Watkin Chapter 8. Ratchet Down or Ramp Up? Contemporary Threats, Armed Conflict, and Tailored Authority Geoff Corn Chapter 9. Using Law as a Weapon Against Nuclear Proliferation and Terrorism: The U.S. Government's Financial Lawfare Against Iran Orde F. Kittrie Chapter 10. Human Rights Law as an Alternative to Jus in Bello Christopher J. Fuller Part III: Fighting Crime as War Chapter 11. National Security Policymaking in the Shadow of International Law Laura Dickinson Chapter 12. Emerging Transnational Self-Defense Norms and Unrealized Liberal Values John Dehn Chapter 13. Finding Peace in the Law of War Lieutenant Colonel Bailey Brown Chapter 14. From Armed Conflict to Countering Threat Networks: Counterterrorism and Social Network Analysis Todd Huntley & Mitt Regan Part IV: crime and war: prosecuting terrorism and war crimes Chapter 15. Counting the Ripples: The Challenge of Extraterritorial Jurisdiction to Prosecute Non-State Actors Evan R. Seamone Chapter 16. Diversifying the Sources of Evidence in Terrorism Cases Before Criminal Courts in (Post-)Conflict and High-Risk Situations: The Role of The Military Bibi Van Ginkel, Christophe Paulussen, & Tanya Mehra Chapter 17. U.S. Military Prosecutions During Non-International Armed Conflict Chris Jenks
£126.36
Oxford University Press Inc Normalizing an American Right to Health
Book SynopsisThis book argues against the conventional wisdom that a U.S. right to health is out of reach. It shows that the necessary change is not extraordinary but familiar and that the law has already laid considerable groundwork in ordinary statutes and case law. This descriptive foundation, revealed through the application of well-accepted theories of rights, has simply yet to be either acknowledged as, or relied upon, for rights-building. The book then moves from the descriptive task of showing where a right to health already exists in our legal corpus to the prescriptive goal of showing how we could feasibly and meaningfully expand the right through ordinary policies that are widely used in other domains, including impact assessments and state-sponsored reinsurance. By normalizing American health rights discourse and bringing a right to health, including a right to health care, within the domain of ordinary policy debate, this book arms health advocates for the sharp political contests overTable of ContentsChapter 1: Introduction Chapter 2: Methods Chapter 3: A Health Right By Any Other Name: Expression in Statute Chapter 4: A Health Right By Any Other Name: Expression in Caselaw Chapter 5: Health Impact Assessments as a Negative Right to Health Chapter 6: How Reinsurance is a Right Chapter 7: Health Reinsurance as an Affirmative Right to Health Chapter 8: Epilogue
£24.69
Oxford University Press Inc A History of Securities Law in the Supreme Court
Book SynopsisA History of Securities Law and the Supreme Court explores how the Supreme Court has made (and remade) securities law. It covers the history of the federal securities laws from their inception during the Great Depression, relying on the justices'' conference notes, internal memoranda, and correspondence to shed light on how they came to their decisions and drafted their opinions. That history can be divided into five periods that parallel and illustrate key trends of the Court''s jurisprudence more generally. The first saw the administration of Franklin Delano Roosevelt--aided by his filling eight seats on the Court-triumph in its efforts to enact the securities laws and establish their constitutional legitimacy. This brought an end to the Court''s long-standing hostility to the regulation of business. The arrival of Roosevelt''s justices, all committed to social control of finance, ushered in an era of deference to the SEC''s expertise that lasted through the 1940s and 1950s. The 1960s brought an era of judicial activism-and further expansion--by the Warren Court, with purpose taking precedence over text in statutory interpretation. The arrival of Lewis F. Powell, Jr. in 1972 brought a sharp reversal. Powell''s leadership of the Court in securities law produced a counter-revolution in the field and an end to the SEC''s long winning streak at the Court. Powell''s retirement in 1987 marked the beginning of the final period of this study. In the absence of ideological consensus or strong leadership, the Court''s securities jurisprudence meandered, taking a random walk between expansive and restrictive decisions.Table of ContentsIntroduction Chapter 1: The Coming of the New Deal Chapter 2: Social Control of Finance Chapter 3: Policing the SEC Chapter 4: Boundaries Chapter 5: Insider Trading Chapter 6: Private Litigation Chapter 7: The Federal/State Flashpoint in Corporate Governance Chapter 8: Conclusion - How the Supreme Court Makes Securities Laws
£95.65
Oxford University Press Inc Democracy Unmoored Populism and the Corruption of
Book SynopsisTrade ReviewThere are few more important subjects than the future of democracy and few better people to analyze it than Samuel Issacharoff in this important and timely book. * Lord Mervyn King, former Governor, Bank of England *How is it that democracy, worldwide, finds itself so threatened three decades after its apparent triumph over other forms of political ordering? This brilliant new book explains how a series of economic, technological, sociological, and legal shifts undermined the shared commitment to citizen self-government and the constellation of institutions necessary for democracies to flourish. An engaging and provocative, truly interdisciplinary, work. * Pamela S. Karlan, Stanford Law School *An exceptional mastery of the historical background and structural conditions out of which have emerged the populist threat to democratic norms and institutions. This is a simply superb contribution to the urgent debate about the fate of liberal democracy. * Bob Bauer, New York University School of Law and former White House Counsel *An insightful if troubling description of the ills of democracies around the world face as populism rises, and some prescriptions for how to cure the problems. This readable analysis contains important lessons for both the Right and Left if they hope to govern successfully in these uncertain and transformational times. * Ben Ginsburg, Hoover Institution; National Counsel, Romney for President for 2012; Bush-Cheney 2000, 2004 *Democracy Unmoored is a brilliant and engaging addition that brings together thinking about the relationship between formal institutions and social mobilization in way that is unusual in the literature on populism. This is one of our foremost scholars of democracy in top form. The book is a must read if we want to understand our democratic predicament. * Pratap Bhanu Mehta, Laurence Rockefeller Visiting Professor, Princeton University *Samuel Issacharoff is a cosmopolitan and global thinker with a keen understanding of the complexities and subtleties that led to the decline of contemporary democracies. This indispensable book is a warning, but also a source of hope in the struggle to push history in the right direction. * Justice Luís Roberto Barroso, Brazilian Federal Supreme Court *Democracy Unmoored is original and insightful. * Walter Horn, 3:16 AM Magazine *Table of ContentsIntroduction Part I: The World the Populists Found Chapter 1: The Frayed Social Fabric of Democracy Chapter 2: The Capacity to Govern Chapter 3: The Political Institutions of Democracy Part II: Politics Under Populism Chapter 4: Populism and the Here and Now Chapter 5: Caudillos in Command Chapter 6: Judicial Intercession Chapter 7: Corruption Simpliciter Chapter 8: Institutional Wreckage Part III: A Democratic Restoration? Chapter 9: The Exposed Underpinnings of American Democracy Epilogue: Glimmers of Hope?
£23.27
Clarendon Press Violin Fraud Deception Forgery Theft and Lawsuits in England and America
Book SynopsisThis text detects the background to the violin fraud and explains how the law applies to it. Much of what is said applies to the antique world generally, but there are specific and pressing problems relating to string instruments with which this book is particularly concerned.Trade ReviewEssential reading for anyone who is involved in the business of musical instruments in any way, and recommended reading for those who own or purchase instruments. * The Galpin Society Journal *This book is a praiseworthy effort to shed some light on the murkier side of the violin trade. Harvey has done a commendable job of evaluating analogous cases from the art world to determine how courts might decide cases involving instruments. Violin Fraud provides an excellent overview of the pertinent legal issues for anyone contemplating the purchase or sale of a fine instrument. * Notes *Table of ContentsPART I ; PART II (CARLA SHAPREAU)
£112.50
Oxford University Press Freedoms Law The Moral Reading of the American Constitution
Book SynopsisWritten by the world''s best-known political and legal theorist, Freedom''s Law: The Moral Reading of the American Constitution is a collection of essays that discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Professor Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His `moral reading therefore brings political morality into the heart of constitutional law. The various chapters of this book were originally published separately and are now drawn together to provide the reader with a rich, full-length treatment of Dworkin''s general theory of law.Table of ContentsPART I: LIFE, DEATH AND RACE ; PART II: SPEECH, CONSCIENCE, SEX AND VOTES ; PART III: JUDGES
£67.45
Oxford University Press Making Money Coin Currency and the Coming of Capitalism
Book SynopsisMoney travels the modern world in disguise. It looks like a convention of human exchange - a commodity like gold or a medium like language. But its history reveals that money is a very different matter. It is an institution engineered by political communities to mark and mobilize resources. As societies change the way they create money, they change the market itself - along with the rules that structure it, the politics and ideas that shape it, and the benefits that flow from it.One particularly dramatic transformation in money''s design brought capitalism to England. For centuries, the English government monopolized money''s creation. The Crown sold people coin for a fee in exchange for silver and gold. ''Commodity money'' was a fragile and difficult medium; the first half of the book considers the kinds of exchange and credit it invited, as well as the politics it engendered. Capitalism arrived when the English reinvented money at the end of the 17th century. When it established the Bank of England, the government shared its monopoly over money creation for the first time with private investors, institutionalizing their self-interest as the pump that would produce the money supply. The second half of the book considers the monetary revolution that brought unprecedented possibilities and problems. The invention of circulating public debt, the breakdown of commodity money, the rise of commercial bank currency, and the coalescence of ideological commitments that came to be identified with the Gold Standard - all contributed to the abundant and unstable medium that is modern money. All flowed as well from a collision between the individual incentives and public claims at the heart of the system. The drama had constitutional dimension: money, as its history reveals, is a mode of governance in a material world. That character undermines claims in economics about money''s neutrality. The monetary design innovated in England would later spread, producing the global architecture of modern money.Trade ReviewThis fascinating book offers an innovative approach to monetary history, by using the historical development of currency in England from the high middle ages to the nineteenth century to challenge the established theory of money and its role in the economyâ This book is an excellent contribution to the existing literature [âand] must also be considered an important contribution to fields such as law, economics, political science, and the history of economic ideas. * Paolo di Martino, The Economic History Review *A closing sentence of Desan's Making Money encapsulates what I find truly extraordinary about her book: Arguably capitalism... constructed a money [based on] individual exchange for profit, institutionalizing that motive as the heart of productivity." ... In my view Desan's greatest contribution in Making Money is a clear explanation of how monetary reform set the stage for modern economic performance. * Carolyn Sissoko, Synthetic Assets *This book is an obvious must for anyone interested in English history generally, and the history of money, banking or finance, or the legal history of these fields in particular. That much goes without saying. For historians of capitalism, it should be a lightning rod, attracting attention with a bold, unorthodox and analytically and historically compelling claim. * Roy Kreitner, Banking and Finance Law Review *Making Money is an impressive work of scholarship that not only surveys many centuries of history, but also offers fresh insights into a topic so laden with assumptions and parables as to seem barely worth reexamination. The book is part legal analysis, part political and economic history, and part numismatics, and it is more representative of an interpretive essay than an encyclopedia of monetary history. * Bruce G. Carruthers, American Historical Review *Christine Desans Making Money: Coin, Currency, and the Coming of Capitalism. . . expands the limited theoretical interventions of myriad governance-view theorists into positive, empirical claims by telling the story of British money through law from the fall of Rome to the eighteenth-century financial revolution, and in so doing expands on them significantly. . . What Desan has given us, and earlier authors have not, is a thorough alternative, grounded in legal history, that, helpfully, includes an origin story for the orthodox account of moneys origins. Although some may continue to defend the orthodox conjectural history of money. . . they will be hard-pressed to do so on empirical grounds in light of Desans account. * Andrew David Edwards, Law and Social Inquiry *Desan's singular achievement has been to not only synthesize a vast literature but to also produce a richly detailed, compelling, and original account of how the development of market commerce and capitalism was largely dependent upon the transformation of the ways in which people thought about and made their money. . . Needless to say this brief review in no way does justice to the narrative reconstruction, eye-watering detail, and historiographical engagement which will surely make Desan's text the definitive account for some time to come. * Simon Middleton, The Medieval Review *Making Money is a fascinating story, full of both meticulous historical detail and compelling conceptual arguments about the relationship between forms of currency, political authority, and the creation of the modern state . . . thought-provoking like David Graebers Debt, but firmly grounded in the minutiae of English history. In these times when everyone from gold bugs (like Ted Cruz, lets not forget) to Bitcoin enthusiasts is calling for a redefinition of money, it reminds us what a complicated and politically determined thing money always has been. * James Kwak, The Baseline Scenario *Christine Desans Making Money should be amongst the points of departure for analysis and reflection not beholden to the existing institutional structures and the interests served by such institutions...This insight elevates Desans book far above the kind of literature that cultivates a generalizing view of money, its current forms, and institutional settings as inevitable expressions of human nature. The conclusions from her contribution to the analysis of money are arguments for changing prevailing monetary regimes. Desan equips us with historical arguments for reinventing money. * Leopold Specht, International Journal of Constitutional Law *Making Money contributes to . . . understanding [the popularity of cash] by providing a detailed and insightful narrative of how cash developed into the killer app of payment technologies. * William Roberds, Journal of Economic Literature *[T]hose interested in gaining a comprehensive understanding of the evolution of money... Will find this book invaluable. [Desans] approach... Is essentially a new history and analysis of how money is made. * Katie Ball, Reviews in History *Making Money will undoubtedly become an exemplary text in its field. It has a lot to offer... In sum, this book is of tremendous value and a notable text in legal history and within those subjects at the peripheries surrounding it. It sets a new path in challenging our ways of studying commercial law and viewing money and currency as a purely economic tool and as a mechanism of exchange. * Victoria Barnes, The Journal of Legal History *[In this book] A constitutional historian dives deep into to joint creation with private investorsto illuminate how the means of exchange is in fact a form of governance and of social order * Harvard Magazine *Christine Desanâs Making Money is not only a fine monetary history of England. The 2014 book is relevant today. It shows cash and governments go together, the gold standard was a misnomer and central banking is political. And we should stop outsourcing money-creation to banks. * Edward Hadas, Breakingviews *Table of ContentsIntroduction ; 1. Creation Stories ; 2. From Metal to Money: Producing the "Just Penny" ; 3. Commodity Money as an Extreme Sport: Flows, Famines, Debasements, and Imitation Pennies ; 4. The High Politics of Money: Strong Coin, Heavy Taxes, and the English Invention of Public Credit ; 5. The Social Stratigraphy of Coin and Credit in Late Medieval England ; 6. Priming the Pump: The Sovereign Path Towards Paying for Coin and Circulating Credit ; 7. Interests, Rights, and the Currency of Public Debt ; 8. Reinventing Money: The Beginning of Bank Currency ; 9. Re-theorizing Money: The Struggle over Money in the Modern Imagination ; 10. The Eighteenth Century Architecture of Modern Money ; Epilogue: The Gold Standard in an Era of Inconvertibility ; Conclusion: From Blood to Water ; Bibliography
£29.69
Oxford University Press Constitutional Fragments
Book SynopsisIn recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, and the global capital markets unleashed catastrophic risks. All of these phenomena call for a response from traditional constitutionalism. Yet it is outside the limits of the nation-state in transnational politics and outside institutionalized politics, in the ''private'' sectors of global society that these constitutional problems arise. It is widely accepted that there is a crisis in traditional constitutionalism caused by transnationalization and privatization. How the crisis can be overcome is one of the major controversies of modern political and constitutional theory. This book sets out an answer to that problem. It argues that the obstinate state-and-politics-centricity of traditionaTrade Reviewsociologists of law and constitutionalism now have powerful methodological tools, a sociological conceptual framework, and invaluable sources of the new constitutional imagination which has capacity to accommodate even recent elaborations on Nietzsche's theory of command structures * Jiri Priban (Cardiff University), Journal of Law and Society *Table of Contents1. The New Constitutional Question ; 2. Societal Constitutionalism in the Nation State ; 3. Transnational Constitutional Subjects: Regimes, Organisations, Networks ; 4. Transnational Constitutional Norms: Functions, Arenas, Processes, Structures ; 5. Transnational Constitutional Rights: Horizontal Effect ; 6. Colliding Constitutions
£46.80
Oxford University Press Constitutional and Political Theory
Book SynopsisIn this edition of Ernst-Wolfgang Böckenförde's definitive work in constitutionalism, law and politics, readers have access to the legal discourse of one of Germany's leading contemporary theorists and former judge of the federal constitutional court, available in the English language for the first time.Trade ReviewBoth as a justice and thinker, Ernst-Wolfgang Böckenförde is a towering figure in German law and philosophy. It is past time for the English-speaking world to fully confront his remarkable contributions to modern constitutionalism. * Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University *Few scholars have been as decisive and important to German constitutional thinking as Ernst-Wolfgang Böckenförde. The translation into English of some of his major works will make a similar contribution to constitutional theorizing well beyond the German-speaking world. Böckenförde falls into the rare category of indispensable scholarship. * J. H. H. Weiler, Joseph Straus Professor of Law and European Union Jean Monnet Chair, New York University School of Law *This is a major contribution to the debate and should be read by everyone with interests at the intersection of constitutional and political theory. * Kim Lane Scheppele, Laurance S. Rockefeller Professor of Sociology and International Affairs, the Woodrow Wilson School and the University Center for Human Values, Princeton University *Table of ContentsMirjam Künkler and Tine Stein: Introduction 1. Political Theory of the State I: Security and Self-Preservation before Justice: The Paradigm Shift and Transition from a Natural-Law to a Positive-Law Basis in Thomas Hobbes' System of Law (2004) II: The Concept of the Political: A Key to Understanding Carl Schmitt's Constitutional Theory III: The State as an Ethical State - Der Staat als Sittlicher Staat (1978). IV: The Repressed State Of Emergency. The Exercise of State Authority in Extraordinary Circumstances (1978) Part 2. Constitutional Theory Mirjam Künkler and Tine Stein: Introduction to Part 2 V: The Concept and Problems of the Constitutional State (1997) VI: The Historical Evolution and Changes in the Meaning of the Constitution - Geschichtliche Entwicklung und Bedeutungswandel der Verfassung (1984) VII: The Constituent Power of the People: A Liminal Concept of Constitutional Law (1986) VIII: Constitutional Jurisdiction: Structure, Organization, and Legitimation (1999) Part 3. Fundamental Rights and Constitutional Principles Mirjam Künkler and Tine Stein: Introduction to Part 3 IX: Critique of the Value-Based Grounding of Law (1990) X: Fundamental Rights as Constitutional Principles: On the Current State of Interpreting Fundamental Rights (1990) XI: The Fundamental Rights: Theory and Interpretation (1974) XII: Protection of Liberty against Societal Power: Outline of a Problem (1975) Part 4. On the Relationship between State, Citizenship and Political Autonomy Mirjam Künkler and Tine Stein: Introduction to Part 4 XIII: The Persecution of the Jews as a Civic Betrayal (1997) XIV: State Citizenship and the Concept of Nationality (1995) XV: The Future of Political Autonomy: Democracy and Statehood in a time of Globalization, Europeanization, and Individualization (1998) XVI: Which Path is Europe Taking? (1997) Part 5. Böckenförde in Context XVII: Biographical Interview with Ernst-Wolfgang Böckenförde (2011)
£38.47
Clarendon Press Privacy and Loyalty SPTL Seminar Series
Book SynopsisFourth in the SPTL seminar series, this book explores the concepts of privacy and loyalty in the law of obligations. Essays combine practical and academic perspectives that highlight contemporary trends in the law of obligations. In addition, there is an extended Introduction.Table of Contents1. Privacy as a Constitutional Right and Value ; 2. Privacy-related Rights: Their Social Value ; 3. Privacy and Political Speech ; 4. Comparative Rights of Privacy of Public Figures ; 5. Obstacles on the Path of Privacy Torts ; 6. The Flight to the Fiduciary Haven ; 7. Constructive Fiduciaries? ; 8. Reflections on Identification of Fiduciaries ; 9. Fiduciaries in Context: An Overview
£129.62
Oxford University Press Wade Forsyths Administrative Law
Book SynopsisWade & Forsyth's Administrative Law is the definitive account of the principles of judicial review and the administrative arrangements of the United Kingdom. Firmly established among the foremost rank of legal textbooks, it stands unparalleled in both scope and detail.Trade ReviewThis is a classic text. Very highly regarded, authoritative in analysis and comprehensive in its coverage. I've enjoyed successive editions over the years and always get a copy for research purposes. * Robert Thomas, Professor of Public Law, University of Manchester *Table of ContentsPart I. Introduction 1: Introduction 2: Constitutional foundations of the powers of the courts Part II. Authorities and functions 3: The central government 4: Local and devolved government 5: Public corporations, privatisation and regulation Part III. European influences 6: The European Union 7: Personal rights and freedoms Part IV. Powers and jurisdiction 8: Jurisdiction over fact and law 9: Problems of invalidity Part V. Discretionary power 10: Retention of discretion 11: Abuse of discretion Part VI. Natural justice 12: Natural justice and legal justice 13: The rule against bias 14: The right to a fair hearing Part VII. Remedies and liability 15: Ordinary remedies 16: Prerogative remedies 17: Boundaries of judicial review 18: Procedure of judicial review 19: Restrictions of remedies 20: Liability of public authorities 21: Crown proceedings Part VIII. Administrative legislation and adjudication 22: Delegated legislation 23: Statutory tribunals 24: Statutory and other inquiries
£47.49
Oxford University Press Public Law
Book SynopsisThis market-leading textbook covers the essential topics of the public law module in an insightful and interesting way. The book guides students through key themes which help them to understand how the many strands of public law are interlinked.The authors have a real flair for capturing both the vibrant nature of public law in practice and the key contemporary debates in the field. They use practical examples to bring this subject to life and include expert commentaries on each chapter to allow students to see academic debate first-hand.Digital formats and resourcesThis fourth edition is supported by online resources and is available for students or institutions to purchase in a variety of digital formats. - The ebook is enhanced with embedded self-assessment activities, and multi-media content including author videos, to offer a fully immersive experience and extra learning support. www.oxfordtextbooks.co.uk/ebooks - These study tools that enhance the ebook, along with updates, direcTrade ReviewReview from previous edition This book is excellent, and it is difficult to think of any other textbook authored by academics with greater expertise. * Vicky Thirlaway, Senior Lecturer in Law, Sheffield Hallam University *It is the best public law textbook on the market and academics with a variety of approaches find it very useful as a recommended text. * Joe Tomlinson, Senior Lecturer in Public Law, University of York *This is an excellent book which our students enjoy using. It explains issues well without dumbing down and engages with debate in a way which encourages students to form their own views. * Chloe Wallace, Associate Professor, University of Leeds *The expert commentaries are excellent, not least in that they occasionally challenge the views of the authors, introducing students to the practices of academic debate. * Navraj Singh Ghaleigh, Senior Lecturer, University of Edinburgh *Table of ContentsPart I: Introduction to Public Law 1: Public law: an introduction 2: Constitutions and constitutional law 3: Themes, sources, and principles Part II: The Constitution - Institutions and Principles 4: Separation of powers - an introduction 5: UK central government 6: The UK Parliament 7: The judiciary 8: Devolution and the territorial constitution 9: The European Union and Brexit Part III: Good Governance - Scrutiny, Accountability, and Transparency 10: Good governance: an introduction 11: Parliamentary scrutiny of central government Part IV: Judicial Review 12: Judicial review - an introduction 13: The grounds of judicial review 14: Judicial review - scope, procedures, and remedies 15: The effectiveness and impact of judicial review Part V: Administrative Justice 16: Ombudsmen and complaints 17: Tribunals 18: Inquiries Part VI: Human Rights 19: Human rights and the UK constitution 20: Freedom of expression 21: Freedom of assembly 22: Policing - powers, accountability, and governance
£46.54
Oxford University Press After Public Law
Book SynopsisPublic law has been conceived in many different ways, sometimes overlapping, often conflicting. However in recent years a common theme running through the discussions of public law is one of loss. What function and future can public law have in this rapidly transforming landscape, where globalized states and supranational institutions have ever-increasing importance?The contributions to this volume take stock of the idea, concepts, and values of public law as it has developed alongside the growth of the modern state, and assess its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of law in general.Divided into three parts, the first provides a conceptual, philosophical, and historical understanding of the nature of public law, the nature of private law and the relationship between the public, the private, and the concept of law. The second part focuses on the domaTrade ReviewThis explorative volume brings together scholars to map the domain of public law and, despite its epigrammatic title, it is a towering intellectual contribution to the dynamism of public law. * P. Sean Morris, Political Studies Review *A useful, reflective contribution to a subject whose importance goes well beyond academia. * Commonwealth Lawyer *Table of Contents1: Cormac Mac Amhlaigh, Claudio Michelon, and Neil Walker: Introduction Part One: The Nature of Public and Private Law 2: Martin Loughlin: The Nature of Public Law 3: Chris Thornhill: Public Law and the Emergence of the Political 4: William Lucy: Private and Public: Some Banalities About a Platitude 5: Claudio Michelon: The Public, the Private, and the Law Part Two: The Domain, Values, and Functions of Public Law 6: Cormac Mac Amhlaigh: Defending the Domain of Public Law 7: Richard Bellamy: Public Law and Democracy: The Case of Constitutional Rights 8: Stephen Tierney: The Nation as 'The Public': The Resilient Functionalism of Public Law 9: Hector MacQueen: Public Law, Private Law, and National Identity Part Three: The Evolution of Public Law? 10: Inger-Johanne Sand: Globalization and the Transcendence of the Public/Private Divide - What is Public Law under Conditions of Globalization? 11: Oliver Gerstenberg: (The Failure of) Public law and the Deliberative Turn 12: Neil Walker: The Postnational Horizon of Constitutionalism and Public Law: Paradigm Extension or Paradigm Exhaustion? 13: Megan Donaldson and Benedict Kingsbury: The Global Governance of Public Law 14: Gianluigi Palombella: The (re)Constitution of the Public
£40.99
Oxford University Press Complete Public Law Text Cases and Materials
Book SynopsisComplete Public Law offers students a carefully blended combination of the subject's concepts, cases, and commentary. A combination which encourages critical thinking, stimulates analysis, and promotes a complete understanding.Trade ReviewReview from previous edition Superb! A complete collection of sources coupled with straightforward but comprehensive explanations - the 4th edition was the best undergraduate textbook that I have used on the topic. * Nicholas Clapham, Senior Teaching Fellow, University of Surrey *A perfect text for Level 4 students. I have always been a fan of the Complete series for first and second year core modules as they provide a good variety of content in an accessible manner. Complete Public Law is no different. * Alexander Gilder, Lecturer in Law, Royal Holloway, University of London *Table of ContentsPart I: Introduction and Constitutional Principles 1: What is public law? 2: Constitutional organisations, institutions, and roles 3: The nature of the British constitution 4: The rule of law 5: The separation of powers 6: The Crown and royal prerogative Part II: Parliamentary Supremacy 7: Parliamentary supremacy: the theory 8: Membership of the European Union 9: Parliamentary supremacy and human rights 10: Devolution and parliamentary supremacy Part III: Responsible Government 11: Executive power and accountability 12: The role of constitutional conventions 13: Justice in the modern administrative state Part IV: Judicial Review 14: The role of the courts, judicial review, and human rights 15: The parties to a judicial review: who can make a claim for judicial review and against whom can a claim of judicial review be made? 16: Illegality 17: Irrationality and proportionality 18: Procedural impropriety 19: Remedies 20: Judicial review: putting it all together in problem answers
£48.99
Oxford University Press Concentrate Questions and Answers Public Law Law
Book SynopsisConcentrate Q&A Public Law is part of the Concentrate Q&A series, the result of a collaboration involving hundreds of law students and lecturers from universities across the UK. Each book in this series offers you better support and a greater chance to succeed on your law course than any of the competitors. ''A sure-fire way to get a 1st class result'' (Naomi M, Coventry University) ''My grades have dramatically improved since I started using the OUP Q&A guides'' (Glen Sylvester, Bournemouth University) ''These first class answers will transform you into a first class student'' (Ali Mohamed, University of Hertfordshire) ''I can''t think of better revision support for my study'' (Quynh Anh Thi Le, University of Warwick) ''I would strongly recommend Q&A guides. They have vastly improved my structuring of exam answers and helped me identify key components of a high quality answer'' (Hayden Roach, Bournemouth University) ''100% would recommend. Makes you feel like you will pass with flying
£13.99
Oxford University Press Constitutional Law Administrative Law and Human
Book SynopsisConstitutional Law, Administrative Law, and Human Rights provides an introduction to public law which draws on developments in politics, the law and society to help the reader gain a fundamental appreciation of the law in its wider context.Table of ContentsPart I: Theoretical Principles 1: Defining the constitution? 2: Parliamentary sovereignty 3: The rule of law and the separation of powers 4: The royal prerogative Part II: The Institutions and Operation of National Government 5: The House of Commons 6: The House of Lords 7: The electoral system 8: Parliamentary privilege 9: Constitutional conventions Part III: The Geographical Separation of Powers 10: Local government 11: Parliamentary sovereignty within the European Union 12: The governance of Scotland and Wales Part IV: Administrative Law 13: Substantive grounds of judicial review 14: Procedural grounds of judicial review 15: Challenging governmental decisions: the process 16: Locus Standi Part V: Human Rights 17: Human Rights I: traditional perspectives 18: Human Rights II: emergent principles 19: Human Rights III: the Human Rights Act 1998 20: Human Rights IV: the impact of the Human Rights Act 1998 21: Human Rights V: governmental powers of arrest and detention Part VI: Conclusions 22: A revolution by due process of law? Leaving the European Union 23: Conclusion
£46.54
Oxford University Press Cases and Materials on Constitutional and
Book SynopsisCases and Materials on Constitutional and Administrative Law provides students with a comprehensive selection of legal resources to accompany their studies. Extracts from leading cases, academic works, and political documents are drawn together with incisive author commentary and thought-provoking questions to highlight the historical debates and ongoing development of the subject. The authors take a critical look at the doctrines of constitutional law and the principles of administrative law, showing how the constitution operates in relation to Parliament, the Executive, and the citizen.Digital formats and resourcesThe thirteenth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources include biannual updates on key developments in constitutional and administrative law and multiple-choice questions for students to test their learningTrade ReviewReview from previous edition This is an immensely helpful compendium of sources on constitutional and administrative law in the UK, which includes a range of very helpful notes and questions to guide and challenge the uninitiated. * Conor McCormick, Lecturer in Law, Queen's University Belfast *Table of Contents1: Constitutional law in the United Kingdom 2: The legislative sovereignty of Parliament 3: The rule of law 4: Judicial independence 5: The royal prerogative and constitutional conventions 6: Parliament: scrutiny of policy and administration 7: Parliament: law-making 8: Devolution 9: Human rights 10: Judicial review: the grounds 11: The availability of judicial review 12: Ombudsmen 13: Statutory tribunals
£46.54
Oxford University Press Public Law Directions
Book SynopsisA considered balance of depth, detail, context, and critique, Public Law Directions offers the most student-friendly guide to the subject; empowering students to evaluate the law, understand its practical application, and approach assessments with confidence.Trade ReviewReview from previous edition There is no textbook on the market that approaches the subject like this one does. This is an excellent book and will be welcomed by lecturers of public law who find it hard to enthuse students about this subject. The author has not only paid attention to the content but also to the teacher and student, and this is much appreciated. * Nirmala Pillay, Reader in Law, Leeds Beckett University *This is a really student-friendly book which makes public law appear manageable and understandable. * Josie Kemeys, Lecturer in Law, University of Worcester *There is something novel about this textbook. The chapters are refreshing in terms of content and style. I really like all the references to current affairs. These are excellent and make the chapters really stand out. * Annalisa Meloni, Senior Lecturer in Law, University of East London *The book is pitched to the right level for students who are new to public law. It is simpler and easier to read than many of the existing textbooks without compromising on content. * Sylvie Bacquet, Senior Lecturer in Law, University of Westminster *This textbook provides a good foundation, but also goes into more detail on key issues. It does not shy away from critical consideration of knotty problems. * Thomas E Webb, Lecturer in Law, Lancaster University *Table of ContentsPart 1: The UK Constitution 1: Introducing constitutions and public law 2: How the UK constitution has developed 3: The features and sources of the UK constitution 4: How the UK is organised 5: Brexit Part 2: Important Constitutional Principles and Values 6: Parliamentary sovereignty 7: Separation of powers 8: Rule of law 9: Constitutional rights and principles Part 3: The Allocation of Power in the UK: the Three Arms of State 10: The legislature: membership, privileges, and standards 11: The key functions of Parliament 12: The executive 13: The judiciary Part 4: The Relationship Between the Individual and the State 14: Challenging government action 15: Introduction to judicial review 16: Judicial review: grounds and remedies 17: The Human Rights Act 1998 18: Human rights in action 19: Police powers
£53.26
Oxford University Press EU Values Before the Court of Justice
Book SynopsisThe European Union''s values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union''s common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States'' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a ''Verbund'' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the ''Verbund''. This dual character should guide the provision''s future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.Trade ReviewSpieker's work is a comprehensive, well-thought out, and highly innovative legal analysis of the EU values provided in Article 2 TEU. * Takis Tridimas, Professor of European Law, King's College London & Nancy A. Patterson Distinguished Scholar, Penn State Law *The book offers a profound analysis of and precise methodology for the CJEU's application of Article 2 TEU. One of its most remarkable innovations is the concept of "mutual amplification", which captures the Court's approach in a succint and original way. * Juliane Kokott, Advocate General, Court of Justice of the European Union *An impressive piece of scholarship, which is both scientifically sound, compellingly argued, and elegantly written. The book is an invaluable source of inspiration for future discussions on (and application of) Article 2 TEU. * Christophe Hillion, Professor of European law, University of Oslo; Editor of the Common Market Law Review *What is the constitutional 'value' of Article 2 TEU protecting the foundational 'values' of the Union? This new monograph offers a brilliant and comprehensive analysis of this complex issue. It not only examines the jurisprudence of the Court with great technical skill, but also explores the broader constitutional questions that a 'tyranny of values' might pose for the federal balance and the separation of powers in the European Union. * Robert Schütze, Durham University and Luiss (Rome) *This is a brilliant monograph analysing the functions of Article 2 TEU and exploring its potential. The book makes a significant contribution to current debates on the role of values in (EU) law and the nature of the EU legal order. A must read for European and constitutional lawyers and a very enjoyable one indeed! * Anastasia Iliopoulou-Penot, Professor, Université Panthéon-Assas (Paris 2) *Table of ContentsIntroduction I. Foundations 1: Practice: The Rise of Article 2 TEU in the Court's Jurisprudence 2: Doctrine: The Judicial Applicability of Article 2 TEU 3: Theory: The Dual Character of Article 2 TEU II. 'The Union is founded on the values ...': Potential in the EU Dimension 4: Article 2 TEU as Constitutional Core of the EU Legal Order 5: The Court and the Treaties: Fostering Coherence 6: The Court and the Legislature: Encouraging Legislation 7: The Court and the Treaty Makers: Constraining Revision III. 'These values are common to the Member States ...': Potential in the Verbund Dimension 8: Article 2 TEU as Constitutional Frame of the Verbund 9: Top-Down Review 10: Horizontal Review 11: Bottom-Up Review IV. Risks and Recalibration 12: Towards a Tyranny of EU Values? 13: Disrupting the Federal Balance? Conclusions
£110.00
Oxford University Press Blackstones Statutes on Public Law Human Rights
Book SynopsisUnsurpassed in authority, reliability and accuracy; Blackstone''s Statutes, trusted by students for over 30 years.Celebrating over 30 years as the market-leading series, Blackstone''s Statutes have an unrivalled tradition of trust and quality. With a rock-solid reputation for accuracy, reliability and authority, they remain first-choice for students and lecturers, providing a careful selection of all up-to-date legislation for exams and course use.-Clear and easy-to-use, helping you find what you need instantly-Edited by experts and covering all the key legislation needed for public law courses, so you can use alongside your textbook to ensure you approach your assessments with confidence-Unannotated legislation - perfect for exam use-Also available as an e-book with functionality and navigation featuresTrade Review'''Blackstone's Statutes are a very reliable series. Up-to-date legislation, with a good match for teaching needs. Students appreciate the clear layout and easy reference materials. Ideal for exam use."' * Renu Barton-Hanson, Associate Professor in Law, Middlesex University *'''The e-book is useful to support student's learning throughout the semester and for online exams.''' * Dr Vera Pavlou, Lecturer, University of Glasgow *'''A must-have quick and easy reference point, with everything you need to access in one place.''' * Sarah Willis, Senior Lecturer, University of Northampton *'''These are the industry standard, containing a one-stop source for students. They cover all bases.''' * Dr Lucy Barnes, Associate Professor in Law, University of East Anglia *
£18.71
Oxford University Press Public Law Concentrate
Book SynopsisPublic Law Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides go above and beyond, not only consolidating your learning but focusing your revision and maximising your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases.Revision guides you can rely on: trusted by lecturers, loved by students... The Concentrate books are my favourite revision guides as the quality of the information is always more comprehensive than others. Carly Hatchard, law student, University of BoltonThe Concentrate structure is extremely good, it makes it so much easier to revise ... no key information is left out, it''s a great series. Emma Wainwright, law student, Oxford Brookes UniversityThe detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level - Stephanie Lomas, law stud
£14.24
Oxford University Press Constitutional and Administrative Law
Book SynopsisA concise and easy-to-read text that goes straight to the heart of public law.Constitutional and Administrative Law guides readers through the key principles of public law, examining significant cases and recent developments along the way. Broad coverage is presented in a concise and easy-to-read format, accompanied by chapter summaries and self-test questions, making this title a must for undergraduates of all levels.Key features- Concise and approachable writing style that allows students to easily understand the foundations of public law- Debate is introduced through short extracts and brief summaries which get to the heart of key issues- Self-test questions develop students'' understanding of the subject- Extensive further reading suggestions enable students to supplement their knowledge and widen their understandingNew to this Edition- Thoroughly updated to cover all the latest developments in public law, including the Dissolution and Calling of Parliament Act 2022, the Senedd Cymru (Members and Elections) Acts 2024, and the effect of the proposed House of Lords (Hereditary Peers)- Analysis of the separation of powers implications of the Post Office scandal and the Safety of Rwanda (Asylum and Immigration) Act 2024- Consideration of the significance of the Northern Ireland Protocol/Windsor Framework Agreement and the further legal challenge brought against it in Allister v Secretary of State for Northern Ireland (2023)- Updated coverage of police powers and public order, including the new powers of suspicionless stop and search under s 11 of the Public Order Act 2023, and the amendments made to police powers relating to public processions and public assemblies (under the Public Order Act 1986) by the Police, Crime, Sentencing and Courts Act 2022Digital formats and resourcesThe thirteenth edition is available for students and institutions to purchase in a variety of formats: the e-book and Law Trove offer a mobile experience and convenient access along with functionality tools and navigation features. For more information about e-books, please visit www.oxfordtextbooks.co.uk/ebooks
£42.74
Oxford University Press Public Law
Book SynopsisThe only public law text to take a practical approach to the subject, applying the law to real life without sacrificing theoretical depth.Public Law guides students to a clear understanding of the fundamentals of constitutional and administrative law, with each concept applied to a hypothetical scenario for practical context. With a fluid, succinct style, the authors carve a logical pathway through the key areas studied on the LLB.Key features- Combines clear, easy-to-follow explanations of the fundamental principles of public law with theoretically critical consideration of the key areas of debate- Takes a distinctly practical approach, using convincing real-life scenarios and learning features to engage students, setting the law into an everyday context- Perfectly pitched for undergraduates, the book''s contents and approach align neatly with the majority of public law courses- Provides thorough coverage of administrative law along with the three grounds for judicial reviewNew to this Edition- Revised chapters on the separation of powers, the rule of law, and parliamentary sovereignty- Discussion of recent case law concerning the courts'' consideration of ouster clauses in R (Oceana) v Upper Tribunal (Immigration and Asylum Chamber) and R (LA (Albania)) v Upper Tribunal- Updated to include coverage of the Police, Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023- Recent developments within central government are discussed including coverage of events and updates that took place following Labours'' victory in the 2024 General ElectionDigital formats and resourcesThe fourth edition is available for students and institutions to purchase in a variety of formats: the e-book and Law Trove offer a mobile experience and convenient access along with multiple choice questions, guidance on approaching and analysing the real life scenarios in the book, legal updates, functionality tools, navigation features, and links that offer extra learning support. For more information about e-books, please visit www.oxfordtextbooks.co.uk/ebooks
£39.99
Oxford University Press Discrimination and Human Rights The Case of Racism Collected Courses of the Academy of European Law 1
Book SynopsisThis set of essays provides and important contribution to the debate about the role of human rights law in combating racism. The first essay examines the right to equality in the context of racism, drawing on a wide range of international and comparative sources to create a critical framework of analysis. The second essay locates the discussion within the context of multi-culturalism, ethnicity, and group rights, with specific reference to ethnicity within Europe. The next set of essays is concerned with international istruments to address racism, followed by a critical examination of the newly developed race discrimination directive at EU level. The particular problem of race hatred on the internet is examined in the seventh chapter, followed by an important discussion of enforcement and remedial structures.Trade Reviewseven substantive essays written by leading lights in the European human rights movement * "The Commonwealth Lawyer" : Journal of the Commonwealth Lawyers' Association, Vol. 11, No. 1, April 2002 *
£59.85
Oxford University Press Public Law Clarendon Law S.
Book SynopsisWritten in the well-established tradition of the Clarendon Law Series, Public Law offers a stimulating re-interpretation of the central themes and problems of English constitutional law. It offers full consideration of the historical development of public law. This book is an introduction that will be especially appealing to the enquiring student who is looking to reflect critically on the assumptions underpinning the standard presentation of the subject.Written throughout in an engaging and accessible style, Public Law examines the issues of power and accountability that are central to constitutional and administrative law. Among the topics considered are the unwritten nature of the constitution, the changing relationship between the law and the politics of the constitution, the separation of powers, the enduring influence of the crown, the role and functions of Parliament, questions of responsible government, and the law of judicial review and human rights.Table of ContentsPART I: POWER; PART II: ACCOUNTABILITY
£52.25
Oxford University Press The Idea of Public Law
Book SynopsisThis book offers an answer to the question: what is public law? It suggests that an adequate explanation can only be given once public law is recognized to be an autonomous discipline, with its own distinctive methods and tasks. Martin Loughlin defends this claim by identifying the conceptual foundations of the public law: governing, politics, representation, sovereignty, constituent power, and rights. By explicating these basic elements of the subject, he seeks not only to lay bare its method but also to present a novel account of the idea of public law.Table of Contents1. Introduction ; 2. Governing ; 3. Politics ; 4. Representation ; 5. Sovereignty ; 6. Constituent Power ; 7. Rights ; 8. Method ; 9. The Pure Theory of Public Law ; Bibliography ; Index
£45.90
Oxford University Press The Law of the Executive Branch
Book SynopsisThe scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over the military, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, but also all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch.The Law of the Executive Branch: Presidential Power, places the law of the executive branch firmly in the context of constitutional language, framers'' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of inherent presidential powers that may not be checked by other branches; and executive privilege.Trade ReviewLouis Fisher's work has for many years been indispensable to me while I served in Congress. His superb scholarship on the separation of powers and the encroachment of the imperial presidency will be ever more valued when the history of our era is written. With the publication of The Law of the Executive Branch: Presidential Power, Dr. Fisher makes an enormous contribution to the study of the presidency. The book is a masterwork of scholarship, a remarkable milestone in a remarkable career. We all owe him an enormous debt of gratitude." -Ron Paul, M.D., former Member, US House of RepresentativesThis is a book that all of us wish we could have written, but it is a feat that only Louis Fisher, with his experience not only in testifying on the laws and practices governing the executive but in drafting some of them as well, could have accomplished. It is filled with authoritative accounts of how constitutional law is made - not only by courts, but also by Congress and the Executive. It provides a long-needed rejoinder to the arguments of what Corwin referred to as 'the high-flying prerogative men.' Students, scholars and legal counsel will find this an indispensable volume." -Richard M. Pious, Adolph and Effie Ochs Professor, Barnard College, Graduate School of Arts and Sciences, Columbia UniversityLouis Fisher is the dean of presidential scholars. His work is known and admired throughout the world. No one has done more to remind Americans that the Constitution is about legitimacy as well as power, that law is much more than what politicians cannot get away with, and that the Constitution does not just belong to judges. Fisher has not only educated generations about major constitutional issues through his award-winning writing; he has anticipated crucial debates with ground-breaking scholarship and has done so with remarkable balance, integrity, clarity, and grace. This book is a must read." -Christopher H. Pyle, Professor, Mount Holyoke CollegeIn all of American law, history, and politics, no one is more well qualified to write this unprecedented, authoritative, and utterly exhaustive volume than Louis Fisher. Not only should this book sit on the desks of lawyers, executive branch officials, presidency scholars, and in the Oval Office, but it should be the pre-requisite for any future presidency scholarship - not because our understanding of the presidency ends with this book, but because it must begin with it. Fisher is the Edward Corwin of our day, and as long as there is an America, this will be his immortal volume." -Robert J. Spitzer, Distinguished Service Professor and Chair of Political Science, SUNY CortlandLou Fisher's deeply learned and masterful analysis of presidential power and the Constitution illuminates history, law, and contemporary debate. The Law of the Executive Branch: Presidential Power is a magnificent, meticulously researched scholarly exploration of a timely subject that has stirred controversy since the founding, and it will be universally heralded as an instant classic." -David Gray Adler, Cecil D. Andrus Professor of Public Affairs, Boise State University, Director of The Andrus Center for Public PolicyLou Fisher's The Law of the Executive Branch: Presidential Power is must reading for anyone who is interested in our constitutional system. Fisher brings a wealth of experience and understanding about the Framers' design and how it has evolved over time. In many important areas that have been debated since the founding - such as the war powers, executive privilege and claims of inherent presidential power - Fisher provides encyclopedic analyses of how the Executive has been changed from a subordinate constitutional branch that carries out policies made by Congress into the most powerful branch of the government." -Robert J. Reinstein, Clifford Scott Green Professor of Law, Temple University, Beasley School of LawLou Fisher is an intellectual giant among constitutional scholars who has consulted with all three branches on separation of powers issues. In The Law of the Executive Branch, Fisher draws on nearly a half century of his scholarship based in original documents, precedent, and historical analysis while highlighting the legal controversies surrounding each constitutional provision related to presidential power. This authoritative analysis provides a major intellectual benchmark that will inform and inspire present and future constitutional scholars." -James P. Pfiffner, George Mason UniversityLouis Fisher's The Law of the Executive Branch is an enormous contribution. For the first time, it presents in one place a complete, accessible account of the constitutional text, history and practice of presidential power in the United States. In the tradition of the best academic work, it presents a wealth of facts and arguments fairly and dispassionately, yet with insightful commentary and observations reflecting the author's long engagement with the topic. The book will surely become the leading reference in the field and an essential item on the shelf of scholars and practitioners of presidential power." -Michael D. Ramsey, Professor of Law, University of San Diego Law SchoolFor constitutional scholars, the publication of a new book by Lou Fisher is cause for celebration. In The Law of the Executive Branch: Presidential Power, Fisher covers the field, demonstrating his expertise in an incredible number of diverse areas. By providing ready access to primary materials, the book allows readers to reach their own judgments about the appropriate scope of presidential power. Like the framers of the Constitution, Fisher rejects dogma, pragmatically exposing all claims about presidential power to the light of experience in the real world. This book will be an essential, invaluable resource for scholars, students, legislators, judges, and executive branch officials." -Chris Edelson, Assistant Professor of Government, American University, School of Public AffairsThey could not have picked a more ideal subject-author combination to launch such a project. Professor Fisher enjoys unparalleled status as an acclaimed national expert on questions of separation of powers, in general, and on presidential authority, in particular. Given the author's background, this particular offering in the Oxford Commentaries on American Law series fulfills an important and pressing need. No significant topic in the law of the executive branch goes uncommented on in this volume's 400-plus pages of case analysis and commentaries." -David Yalof, University of Connecticut, Congress & the PresidencyTable of ContentsPreface to the Paperback Edition ; Preface to the Hardcover Edition ; Acknowledgments ; Note on Citations ; Chapter 1 ; Fundamental Concepts ; Chapter 2 ; Election and Removal of the President ; Chapter 3 ; The Powers of the President ; Chapter 4 ; The President and Congress ; Chapter 5 ; Vetoes and Access to Information ; Chapter 6 ; Budgetary Duties ; Chapter 7 ; Foreign Affairs ; Chapter 8 ; War Powers ; Chapter 9 ; The President and the Judiciary ; Conclusions ; About the Author ; Index of Cases ; Index of Subjects
£44.99
Oxford University Press Exploring Laws Empire
Book SynopsisExploring Law''s Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin''s work, including his criticism of legal positivism, his theory of law as integrity, and his work on constitutional theory.The volume concludes with a lengthy response to the essays by Dworkin himself, which develops and clarifies many of his positions on the central questions of legal and constitutional theory. The volume represents an ideal companion for students and scholars embarking on a study of Dworkin''s work.Table of ContentsIntroduction: The International Constitutional Judge ; 1. Should Constitutional Judges Be Philosophers? ; 2. The Place of History and Philosophy in the Moral Reading of the American Constitution ; 3. How Constitutional Theory Found its Soul: The Contributions of Ronald Dworkin ; 4. Coherence, Hypothetical Cases, and Precedent ; 5. Integrity and Stare Decisis ; 6. The Many Faces of Political Integrity ; 7. Did Dworkin Ever Answer the Crits? ; 8. Associative Obligations and the Obligation to Obey the Law ; 9. Law's Aims in Law's Empire ; 10. How Facts Make Law ; 11. Hartian Positivism and Normative Facts: How Facts Make Law II ; Response
£33.29
Oxford University Press Parliament and Congress Representation And Scrutiny In The TwentyFirst Century
Book SynopsisThe constitutional background of both legislatures and their procedures are described and where possible compared. Currently unsolved problems often have much in common, in vexed areas such as ethics requirements or how procedural rules permit minorities fair access to legislative time before majorities prevail. British successes include the enhanced authority and effectiveness of select committees and the acquisition of more debating time by the creation of a parallel Chamber. Unsolved problems at Westminster begin with the powers and status of the Lords, and go on through the search for more effective review of EU activities, adapting parliamentary scrutiny to more sophisticated government financial information, and making better use of legislative time without diminishing back-bench rights.The accelerated pace and extent of procedural changes in Congress is problematic. Constant pursuit of campaign funds, increased party exploitation of Members'' ethical shortcomings, and partisan rTrade ReviewThe depth of procedural study is good, and there is a high level of analysis. * Fiona Williams, Political Studies Review Vol. 11 *The strengths of this new work are many ... notable and praiseworthy for its clarity and honesty. * The Capitol Dome, US Capitol Historical Society *Table of ContentsPreface ; 1. Introduction ; 2. Basic Constitutional Distinctions ; 3. The Four Houses ; 4. Representatives, Members, Lords and Senators ; 5. Procedural Basics ; 6. Power of the Purse ; 7. Scrutiny and Oversight ; 8. Committees ; 9. Legislation ; 10. Privilege and Contempt ; 11. Ethics and Standards ; 12. Conclusion ; Annex of Tables ; Index
£54.15
Oxford University Press, USA Historical Foundations of Eu Competition Law
Book SynopsisShedding new light on the foundations of European competition law, this volume is a legal and historical study of the emerging law and its evolution through the 1980s. It retraces the development and critical junctures of competition law not only at the level of the European Economic Community but also at the level of major Member States of the EEC. Intensely researched and rich with insights, the chapters in this volume reflect a close collaboration among an expert group of lawyers and historians and capitalize on previously unavailable source materials. The book examines several key themes including: the influence of national and international competition law on the development of EEC competition law; the drafting of the regulations that lead to the development of modern EU competition law; the role of the European Court of Justice in establishing the protection of competition as a central pillar of the Common Market; the internal dynamics, ideologies and tensions within the Competition Directorate General (DG IV) of the European Commission; and the role of industrial policy in European integration.Combining legal analysis with a meticulous excavation of historical evidence to reveal the forces driving key actors and the interactions among them, this volume rediscovers a past largely forgotten but essential to understanding the genesis of competition law in Europe, its role in Europe''s construction, its hybrid institutional traits, and its often unique substance.Table of ContentsIntroduction ; 1. Recent Reforms of EU Competition Law and their Historical Foundations ; 2. The Evolution of the Law on Art 81 and Art 82: Ordoliberalism and its Keynesian Challenge ; 3. The Drafting and the Role of Regulation 17: A Fragile Balance ; 4. National Traditions of Competition Law: Europeanization through Convergence? ; 5. American Influences on EU Competition Law: Two Paths, How Much Dependence? ; 6. Competition Law and Industrial Policy: Imperfect Harmony ; 7. Towards a Concept of a Workable European Competition Law: Revisiting the Formative Period
£108.38
