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Change over Time in the Iberian World

Brill

Stabilization and Transformation of Law (16th-19th Centuries)

A groundbreaking challenge to a core principle of constitutional law, arguing that congressional action is not limited by the legislative branch's textually enumerated powers. Every law student learns that the federal government is constrained to act only according to its enumerated powers, meaning that Congress can do what the Constitution expressly authorizes it to and nothing more. Yet Richard Primus contends that this longstanding orthodoxy--allegedly required by the text of the Constitution, the Framers' vision, and the logic of federalism--is fundamentally flawed. Through careful analysis of legal text and history, and of the structure of American federalism, The Oldest Constitutional Question argues for broad congressional authority. In particular, Primus shows that the primary function of enumeration is to rule listed powers in, not to rule other powers out. In practice, enumeration does little to limit Congress. But most constitutional lawyers--including many Supreme Court justices--think this means something has gone wrong, such that the courts must aggressively strike down federal laws. Primus's meticulous examination explodes the prevailing view. The constitutional system does place limits on Congress, and crucially so, but the enumeration of powers is not, and never has been, a sensible means for creating and enforcing those limits.

Enumeration and Federal Power

The Oldest Constitutional Question

Modern Studies in European Law

This collection explores the cooperation between the European Union and the Nordic states.

It tracks its evolution from informal arrangements to highly legalised arrangements. Drawing on expert contributions, it gives a full understanding and elucidation of the impact of the interplay of these legal regimes and cultures. Each chapter takes a comparative Nordic perspective, combining it with the EU legal perspective. Drawing on both academic and practitioner perspectives, this important work offers fascinating insights into this unique relationship.

This collection explores the cooperation between the European Union and the Nordic states.

It tracks its evolution from informal arrangements to highly legalised arrangements. Drawing on expert contributions, it gives a full understanding and elucidation of the impact of the interplay of these legal regimes and cultures. Each chapter takes a comparative Nordic perspective, combining it with the EU legal perspective. Drawing on both academic and practitioner perspectives, this important work offers fascinating insights into this unique relationship.

50 Years of Legal Integration

Nordic Cooperation and the European Union

The Failure of Diplomacy

Instruments of Peacemaking 1918-1941

'The South Sea Bubble and the Bubble Act of 1720 as the Beginning of Corporate and Capital Markets Regulation': Speculative bubbles have been an integral part of economic and financial history for centuries. From the Tulip Mania through the South Sea Bubble to the dot-com and crypto bubbles, comparable market phases can be identified. Nevertheless, the South Sea Bubble has unjustly remained in the shadow of the Tulip Mania. This dissertation demonstrates the significant impact of the South Sea Bubble on the development of corporate and capital markets law in Great Britain and examines the interaction between politics, law, and the economy in this context.

Die Südseeblase und der Bubble Act aus dem Jahr 1720 als Beginn einer gesellschaftsrechtlichen und kapitalmarktrechtlichen Regulierung

Law and Migration

Across the globe, tens of thousands of alleged 'criminal' migrants find themselves trapped in limbo. They are unwanted in the countries hosting them but cannot be deported because they are stateless, because human rights law or lack of political will prevents it, or because they themselves do not cooperate. These individuals - referred to as undesirable but unremovable migrants (UBUs) - include former World War II concentration camp guards, minor drug traffickers, rapists, acquitted genocidaires, and children of alleged terrorists. Their continued presence in host countries often sparks intense political debate, complex legal proceedings, and public controversy. In some cases, they are passed back and forth between multiple countries.Taking a historical and global perspective, this book traces the emergence of UBUs, shows how their numbers have increased dramatically over time, and reveals the persistent inability of states to develop coherent policy responses. This failure has led to politically charged environments in host countries and profound challenges for the migrants themselves.The book benefits anyone engaged in the study, development, or implementation of governmental policies concerning migrants accused of being involved in crime.

War Criminals, Terrorists and Foreign Offenders in Limbo

Undesirable but Unremovable Migrants

Studies in the History of Tax Law

This book is a continuation of the prestigious series investigating current tax policy debates in an historical context. The authors are a mix of senior tax professionals from academia, the judiciary, and practice, with representatives from 9 countries. The chapters fall within 3 basic categories: 1. UK tax, looking at a variety of topics ranging from income tax (introduction and deduction at source), tax administration (Scotland), cases and judges (Lord Wilberforce), to the Peasants' Revolt, indirect taxation (tonnage tax and excise), and tax concepts (beneficial ownership). 2. International taxation, with chapters on the origins of the international income tax order, the UN (1950s and 60s), and VAT (origins and procedure). 3. Non-UK tax systems, including chapters on income tax in Singapore and early developments in Japan, South Africa (GAAR), an influential Canadian report (Carter Commission), taxation in classical Athens, and in the medieval Italian city-states. Collecting papers from the biennial Cambridge Tax Law History Conference, the book is a key resource for those interested in tax law and legal history.

Studies in the History of Tax Law, Volume 12

This book considers Section 21 of the Divorce and Matrimonial Causes Act 1857 and its significant impact on previously invisible married women in the 19th century.

Tens of thousands of women used this little-known section of the Act to apply for orders from local magistrates' courts to reclaim their rights of testation, inheritance, property ownership, and (dependent on local franchise qualifications) ability to vote. By examining the orders that were made and considering the women who applied for them, the book challenges the mistaken belief that Victorian England and Wales were nations of married, cohabiting couples. 

The detailed statistical analysis and rich case studies presented here provide a totally new perspective on the legal status and experiences of married women in England and Wales. Although many thousands of orders were granted between 1858 and 1900, their details remain unknown and unexamined, primarily because census records did not consistently record dissolved marriages and there is no central index of applications made.

Using sources including court records, parliamentary papers, newspaper reports, census returns, probate records and trade directories, this book reconstructs the successful - and unsuccessful - experiences of women applying to magistrates' courts and the Court for Divorce and Matrimonial Causes to protect their assets across regions and decades.

‘For Wives Alone’

Deserted Wives and Economic Divorce in 19th-Century England and Wales

In 38 Londres Street, Philippe Sands blends personal memoir, historical detective work and gripping courtroom drama to probe a secret double story of mass murder, one that reveals a shocking thread that links the horrors of the 1940s with those of our own times. The house at 38 Londres Street is home to the legacies of two men whose personal stories span continents, nationalities and decades of atrocity: Augusto Pinochet, President of Chile, and Walther Rauff, a Nazi SS officer responsible for the use of gas vans. On the run from justice at the end of the Second World War, Rauff crosses the ocean to southern Chile. He settles in Punta Arenas, Patagonia, managing a king crab cannery at the end of the world. But there are whispers about this discreet and self-possessed German - rumours of a second career with Pinochet's secret intelligence service, the dreaded DINA. In 1998, Pinochet is in a London medical clinic when the police enter his room and arrest him on charges of crimes against humanity and genocide. Philippe Sands is called to advise the former head of state on his claim to immunity, but will instead represent a human rights organisation against him. Years later, Sands makes a discovery while working on another book which reignites his interest in the case and leads to a decades-long investigation into Pinochet's crimes, his unexpected connection to Rauff and the former Nazi's possible connection to Chile's disappeared.

On Impunity, Pinochet in England and a Nazi in Patagonia

38 Londres Street

This book offers the first detailed study of women's legal status in early modern Liège, an otherwise largely overlooked case in European legal history. It follows women across the course of their lives, from birth to widowhood, to show how their legal position and control over property shifted over time, depending on their social status and place within the family. Drawing on a substantial body of wills and marriage contracts from notarial practice, it moves beyond traditional sources to show how the law actually worked in everyday practice, and who took part in its creation. By bringing all these elements together, this book offers a nuanced picture of how law and gender interacted in early modern Europe.

Women's Legal Status Between Customary Law, Notarial Practice and Ius Commune (16th-17th Century)

Women and the Law in Early Modern Liège

Oxford Studies in the History of Economics

The Economic Thought of Leonardus Lessius

Money, Markets, and Merit

This book analyses the tendency in international law scholarship and criticism to seek a 'new' international law. Drawing and building on scholarship around the political significance of theological ideas, it argues that underlying this tendency is a relationship between international law and messianic thinking.

This book analyses the tendency in international law scholarship and criticism to seek a â€˜newâ€™ international law. Drawing and building on scholarship around the political significance of theological ideas, it argues that underlying this tendency is a relationship between international law and messianic thinking.

The 'New' International Law

This book gives extraordinary new insights into the legal, political and industrial strife in the UK of the early 1970s, focusing on the National Industrial Relations Court and how its independence came to be injured at a time of national crisis. Constitutional and employment lawyers, and indeed anyone interested in the history of the times, will not want to be without this deeply researched yet entertaining work. When the Heath Government came to power in 1970, it set up the National Industrial Relations Court to referee highly contentious disputes between unions and employers. Regarded with hostility by the labour movement from the start, the Court and its President, Sir John Donaldson, faced mounting suspicion, and were regularly front-page news. When Donaldson jailed five dockers in 1972 - the Pentonville Five - for defying the Court's orders, strikes erupted and the docks closed. With the country's food supplies dwindling, a state of emergency loomed. How had it come to this? Could a way through be found? This is a revelatory account of the National Industrial Relations Court's defining crisis, set in the context of a wider, and frequently startling, exposition of how Donaldson went about his role as its President. Peter Oldham KC combines decades of experience as a barrister with archival research to shine a bright new light on how and why the Court found itself doing - in Donaldson's own words - 'rather peculiar things'.

'Rather Peculiar Things'

Law and Politics at the National Industrial Relations Court 1970-75

Change over Time in the Iberian World

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