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Political Science and International Studies (R0)

Charles M. Lamb

Jacob R. Neiheisel

Constitutional Landmarks

Supreme Court Decisions on Separation of Powers, Federalism, and Economic Rights

1. The Supreme Court and Judicial Power.- 2. The Presidency and Presidential Power.- 3. Congress and Congressional Power.- 4. Federalism and Federal-State Relations.- 5. Americans' Economic Rights.

Crypto Degenerates and the Rise of the Global Casino Economy

The American Meme

An in-depth exploration of the network of agencies involved in policing child pornography—and what the future of security and care looks like. Facing the Child investigates the technocratic expertise in the policing of child sexual abuse material (CSAM). Mitali Thakor argues that CSAM has come to be framed as primarily a digital problem, to be resolved digitally, thereby unleashing a new form of corporatized policing helmed by global technology companies. Ambitious in scope, this multi-sited global ethnography draws on four years of original fieldwork and interviews with technology companies in the US, the United Nations in Bangkok, Thai and Dutch NGOs, and law enforcement in the US and the Netherlands. The book argues that in the 2010s, a network of technology companies, NGOs, and law enforcement created the notion of a “virtual child” in need of techno-solutionist saving to justify a vast expansion of surveillance technologies. The book examines how pervasive myths of child abuse online were exploited to serve the aims of seemingly disparate groups, from Christian neo-abolitionists to NGOs conducting virtual sting operations. It is this complex relationship between the care and securitization needed to fix the child victim as an object of data, concern, and rescue that the book explores.

An in-depth exploration of the network of agencies involved in policing child pornography—and what the future of security and care looks like. Facing the Child investigates the technocratic expertise in the policing of child sexual abuse material (CSAM). Mitali Thakor argues that CSAM has come to be framed as primarily a digital problem, to be resolved digitally, thereby unleashing a new form of corporatized policing helmed by global technology companies. Ambitious in scope, this multi-sited global ethnography draws on four years of original fieldwork and interviews with technology companies in the US, the United Nations in Bangkok, Thai and Dutch NGOs, and law enforcement in the US and the Netherlands. The book argues that in the 2010s, a network of technology companies, NGOs, and law enforcement created the notion of a “virtual child” in need of techno-solutionist saving to justify a vast expansion of surveillance technologies. The book examines how pervasive myths of child abuse online were exploited to serve the aims of seemingly disparate groups, from Christian neo-abolitionists to NGOs conducting virtual sting operations. It is this complex relationship between the care and securitization needed to fix the child victim as an object of data, concern, and rescue that the book explores.

Surveillance, Care, and the Policing of Violent Digital Images

Facing the Child

Modern Studies in European Law

This book explores what judges do and how they perceive their roles in the context of growing dissensus over liberal democracy. Focusing on the European landscape, it asks eighteen judges how they perceive their roles when judicial independence and democracy are under pressure. The book features interviews with judges from various EU and non-EU Member States and courts, complemented by a series of academic commentaries discussing the relationship between law and politics in times of dissensus over liberal democracy. Each narrative reveals unique personal experiences and reflections, shedding light on the role of the judiciary and the rule of law in the face of contemporary challenges. While the book engages with these issues through European narratives, its findings contribute to broader debates beyond Europe and the EU.

Insights from European Judges

Dissensus over Liberal Democracy

This book defines the substance over form doctrine in Tax Law and sets clear limits on its application within the Brazilian Constitutional Tax System. Grounded in Brazilian constitutional principles and illustrated with case examples, the analysis develops a general framework that is extensible to other liberal democracies, testing the doctrine’s compatibility with constitutional principles while delineating boundaries for legitimate use. Drawing on a paradigmatic case from Brazilian Tax Law, Chapter One offers a precise definition of the substance over form argument and examines each component to distinguish it from accounting based approaches to taxation, debates on the relationship between Tax Law and Private Law, the defeasibility of tax rules, the rejection of qualification nominalism, and the principle of material truth; it also maps points of contact with interpretations of “form” as requirements for the existence or validity of legal transactions or as essential elements of those transactions, and presents multiple examples of the doctrine’s use in Brazilian Tax Law. Chapter Two critically refutes three common justifications for the prevalence of substance over form in Brazil—broad notions of simulation, the principle of contributive capacity, and economic substance—and then analyzes eight constitutional principles that favor a priori formal qualification criteria in tax matters: the rule of law, democracy, separation of powers, legality, legal certainty, human dignity, freedom, and equality. Chapter Three outlines practical limits on substance over form arguments by identifying preference rules for resolving conflicts among qualification criteria for facts, acts, and legal transactions in Brazilian Tax Law—whether in “form versus form” or “form versus substance” structures—thus providing a rigorous, constitutionally grounded roadmap for courts, tax authorities, and practitioners focused on Brazilian Tax Law, the Constitutional Tax System, economic substance, formal qualification, and legal certainty. Chapter Four compares the definition and criteria for applying the substance-over-form argument, as established in light of examples from Brazilian Tax Law, with key cases of this argument’s application in other countries. The aim is to outline, even if only preliminarily, the limits of the applicability of the theses presented in this work to other legal systems.

Form and Substance in Tax Law

Regulating Irregularity

Policy Responses to Irregular Migration in Europe

This book examines the rise of populism and its impact on public policy and governance in Europe. Interdisciplinary in approach and combining theoretical insights and empirical case studies, it considers what populists do when they govern, and how their actions reshape policy, institutions, and international relations.In order to do so, the book introduces three cross-cutting themes: the style and substance of populism, the populist challenge to democratic governance, and populist governance across borders. It considers how populist actors construct identity, communicate with the public, and translate rhetoric into policy agendas, as well as the ways in which populist actors challenge or undermine democratic institutions and liberal norms. Attention is also given to the policy tools, institutional strategies, and governance styles associated with democratic backsliding, and how populists operate across borders and build transnational networks.The book will appeal to all those interested in public policy, governance, populism, and European studies.Sean Kippin
 is Senior Lecturer in the&nbsp;School of Law, Politics, and Social Sciences, University of Stirling, UK.&nbsp;
 Alexander Mesarovich
 is Postdoctoral Research Fellow at the School of Law, Politics, and Social Sciences, University of Stirling, UK.

This book examines the rise of populism and its impact on public policy and governance in Europe. Interdisciplinary in approach and combining theoretical insights and empirical case studies, it considers what populist actors do when they govern, and how their actions reshape policy, institutions, and international relations. In order to do so, the book introduces three cross-cutting themes: the style and substance of populism, the populist challenge to democratic governance, and populist governance across borders. It considers how populist actors construct identity, communicate with the public, and translate rhetoric into policy agendas, as well as the ways in which populist actors challenge or undermine democratic institutions and liberal norms. Attention is also given to the policy tools, institutional strategies, and governance styles associated with democratic backsliding, and how populists operate across borders and build transnational networks. The book will appeal to all those interested in public policy, governance, populism, and European studies.

From Preaching to Performance

Populist Radical Right Governance and Public Policy in Europe

This book tells a fascinating legal mobilisation story. Analysing EU environmental litigation over the last 30 years, it illustrates how the European environmental movement has patiently attempted and succeeded in expanding access to justice opportunities before the EU Courts. This is despite the longstanding reluctance of the EU Court of Justice to soften its standing requirements for private applicants bringing cases directly to Luxembourg. This research draws on both doctrinal analysis and qualitative methods of socio-legal inquiry. At its heart are interviews with key stakeholders: environmental lawyers, plaintiffs, and activists, which give an invaluable and innovative perspective on strategic litigation before the EU judiciary. With the growing emergency posed by the climate crisis and resultant increased litigation, this book makes a significant scholarly contribution to the study of environmental movements, to our conceptualisation of legal mobilisation, and to our understanding of the impact of litigation in European environmental law.

Environmental NGOs and Access to Justice before the CJEU

The American criminal justice system is broken – and the problem is being compounded by our mental health crisis. After confronting the failures of these systems first-hand, Judge Steve Leifman realized that for things to improve, a radical change was necessary. In 2000, he created Florida’s 11th Judicial Circuit Criminal Mental Health Project, later renamed to the Jail Diversion Project (JDP). Uniting all facets of the criminal justice system from courts to clinics, the program has become one of the most impactful models for prison reform across the country. Complete Justice reveals Judge Leifman’s courageous and visionary efforts to successfully overhaul and restructure Miami-Dade’s mental health and criminal justice systems. The results have been nothing short of miraculous. Arrests were cut in half, the jail audit was reduced by almost half, police shootings almost stopped, and the county was able to close one of its three main jails at a savings of millions of dollars. Best of all, the results shown tin the book are replicable and scalable. Leifman has created a state-of-the-art, transferable model, the “Miami Model,” that is starting to be applied around the country in communities large and small. This highly successful initiative, consisting of both pre-arrest and post-arrest diversion programs, brings together the resources and services of law enforcement, the justice system, and community stakeholders to divert individuals with mental illnesses who commit low-level offenses away from incarceration and into community-based care. Complete Justice is the inside story of development, creation, and implementation of the Miami Model - and how it can save lives anywhere and everywhere else. Starting with a trip to a psychiatric wing of a Florida jail at age 17, through his early missteps as a young judge bumping up against convoluted the mental health legislature, the formation of the JDP and monumental report on Florida’s mental health system, and finally spotlighting courts across the country adopting his program, Leifman’s inspiring work offers kindness, insight, and real solutions to one of America’s most complex social problems.

Ending the Criminalization of Mental Illness

Complete Justice

Public Management Perspectives on Smart Work

Governing Work in the Digital Era

Constitutionalism in Asia

This book uses the concept of 'constitutional moments' as a lens to study constitutional developments in 15 Asian jurisdictions in the last few decades. Whereas the theory of constitutional moments was originally developed by Bruce Ackerman in the context of American constitutional history, this book adapts and further develops this theory to elucidate and understand contemporary Asian constitutional phenomena. A broader conception of constitutional moments is developed that goes beyond Ackerman's concept of a highly-mobilised public effecting a significant transformation in the prevailing constitutional paradigm, with the 'moment' unfolding over a long duration. The chapters in this volume aim to identify key changes, developments, trends, transformations, and events that have had a profound impact on the polity and constitutional landscape, with lasting ripple effects that continue to affect recent constitutional developments of each jurisdiction concerned. Viewed collectively, these moments present a snapshot of the key issues in contemporary Asian constitutional developments. While the project of constitutionalism first began in the West, this book tells exciting stories from Asian jurisdictions as major laboratories of constitutionalism in the twenty-first century. It demonstrates that while significant progress has been achieved, the struggle for constitutionalism in Asia is still very much a work in progress, facing many trials and challenges in many places. Both hope and danger abound.

Constitutional Moments in 21st-Century Asia

Studies in National Governance and Emerging Technologies

This book examines how artificial intelligence systems and their applications in security and defence are entangled with governance and policy processes in the EU. Combining concepts and insights from (critical) security studies and science and technology studies, it argues that behind the various AI-related policy initiatives in the EU are particular narratives on security and defence based on European fears of technological innovation and strategic gaps. In this respect, the book casts light on how such beliefs have become increasingly instrumentalized in the European governance dynamics, and subsequently embedded in successive policy initiatives and security and defence research programmes. It challenges conventional understandings of AI technologies as mere security and defence-enabling instruments, by providing a conceptually driven analysis of how certain visions of AI help govern and control one of the most dynamic emergent socio-technical fields. The book will appeal to all those interested in artificial intelligence, security studies, technology and European governance.&nbsp;
 
 Raluca Csernatoni is a Research Fellow at Carnegie Europe, where she works on the nexus between European defence and emerging technologies. She is also Guest Professor at the Centre for Security, Diplomacy and Strategy (CSDS), Vrije Universiteit Brussel, Belgium, and Visiting Faculty in the Department of International Relations, Central European University, Austria.

This book examines how artificial intelligence systems and their applications in security and defence are entangled with governance and policy processes in the EU. Combining concepts and insights from (critical) security studies and science and technology studies, it argues that behind the various AI-related policy initiatives in the EU are particular narratives on security and defence based on European fears of technological innovation and strategic gaps. In this respect, the book casts light on how such beliefs have become increasingly instrumentalized in the European governance dynamics, and subsequently embedded in successive policy initiatives and security and defence research programmes. It challenges conventional understandings of AI technologies as mere security and defence-enabling instruments, by providing a conceptually driven analysis of how certain visions of AI help govern and control one of the most dynamic emergent socio-technical fields. The book will appeal to all those interested in artificial intelligence, security studies, technology and European governance.&nbsp;

Artificial Security and the Politics of Hype in the EU

This book is an insightful, thought-provoking study of one of the world's most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. 

This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

This book is an insightful, thought-provoking study of one of the world’s most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

The European Court of Justice and its Critics

Constitutional Landmarks

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