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Schultz D: Constitutional Law in
Contemporary America: Volume 1

Constitutional Law in Contemporary America: Volume 1

Institutions, Politics, and Processes

1. Foundation, interpretation, and amendment of the constitution; 2. Nature of the federal union; 3. Legislative powers over commerce, taxing, and spending; 4. Congress; 5. President/executive branch; 6. Property rights and substantive due process; 7. Property rights and eminent domain; 8. State authority in a federal system; Appendices.

Offers an alternate trajectory for EU copyright law to adequately respond to new forms of creativity

Creative Reuse

Reshaping EU Copyright Law to Support Creativity Online

This book presents a new perspective on the debate around legitimacy, politics and constitutional law in Supreme Courts. Moving away from the troubling perception that Supreme Courts are trampling on the wrong side of the law/politics divide, it accepts and defends the critical claim that constitutional law is intrinsically and inescapably politics: in style, substance and outcome. It explains what is involved in that claim and recommends a more nuanced and compelling account than it is caricatured to be. The book proceeds to demonstrate how the legal and judicial process can proceed if the law-is-politics critique is taken seriously. Insisting that it cannot be business as usual, the author offers a series of constructive proposals about how constitutional law and judicial decision-making can continue in anything like their present format and style. Recognising that a more radical approach could be taken to the way in which democracy might re-organise, the book runs with the idea that it is possible to incorporate and accommodate the law-is-politics argument within a governmental system of constitutional democracy that resembles closely what now occurs. In that sense, the book is both critical and constructive as well as principled and pragmatic.

Courts, Constitutions and Politics

Rethinking Legitimacy

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

Fifty years after Alan Watson's Legal Transplants: An Approach to Comparative Law, the concept of legal transplants remains central to comparative legal scholarship. Over time, the literature has expanded to explore how laws are drafted, interpreted, and understood across jurisdictions-revealing legal transplants as a complex and multifaceted phenomenon. This book offers a nuanced and balanced analysis of the evolution of legal transplants, engaging with both foundational texts and recent developments. It goes beyond traditional legal discourse to incorporate insights from other disciplines, including policy studies, cultural transfer, entangled history, and the diffusion of ideas. By doing so, it broadens the scope of the debate and encourages a more interdisciplinary approach to understanding how legal norms travel and take root. Importantly, the book makes a strong case for the continued relevance and effectiveness of legal transplants in modern lawmaking. While acknowledging valid criticisms, it challenges the notion that such concerns should lead to legal isolationism. Instead, it argues that legal transplants are not only common but often successful-and should remain a key tool for lawmakers seeking to innovate and reform.

An Interdisciplinary Approach

Legal Transplants

Code of Federal Regulations, Title 43 Public Lands: Interior

A compilation of federal regulations, the CFRs are an authoritative source of government information representing broad subject areas. Title 43 presents regulations relating to public lands (Bureau of Reclamation), land resource management, minerals management, range management, forest management, recreation programs, technical service (Bureau of Land Management), and administration of special programs (Office of the Secretary of the Interior).

Interior 1000-End

Code of Federal Regulations, Title 43 Public Lands

Great Debates in Law

This textbook introduces students to key questions and debates of advanced legal concepts and encourages deeper thought and understanding.

This textbook introduces students to key questions and debates of advanced legal concepts and encourages deeper thought and understanding.

Great Debates in Public Law

Hart Studies in Constitutional Theory

This book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies. It does so on three main grounds: anachronism, 'othering' and cultural specificity. Main pillars of 'convergent constitutional theory' are rooted in the revolutionary, late-eighteenth century - a lost world; constitutional arrangements that deviate from the paradigm are often branded as 'outliers' or even as not constitutional at all; and the foundations of the paradigm in liberal democracy give no space for other forms of constitutionalism. Whatever the attractions of convergent theory as a normative ideal of good government, for the purposes of understanding, analysing and explaining constitutional systems it is far from ideal. This book discusses and questions: convergent theory's weddedness to writing as the technology of constitution-making; its image of a constitution as fundamental law; its idea that a constitution expresses the 'sovereignty of the people'; its use of tripartite separation of powers as the basic principle of institutional design; its relative neglect of administrative law; its association of 'rights' with judicially enforceable bills of rights; and its obsession with a vaguely specified concept of 'democracy'. It makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems.

The Distorting Lens of Convergent Constitutional Theory

The Rule of Law in Context

How and why do the rule of law ideas shape the origins and functioning of the Russian state and society? 

This book explores how, over two centuries, the Russian meaning of the rule of law has been reflected in the legal doctrine, legislation, formal and informal practices of legal and political institutions, and also everyday life and the perceptions of Russian citizens at large and certain minority groups. 

The authors argue that legal dualism – the tension between constitutionalism and political expediency – explains the rise and fall of multiple ways in which the parts of the Russian state interact with each other and with citizens, and in which citizens and businesses interact among themselves both at home and abroad. 

Explaining the peaceful co-existence of these multiple ways of law, this book goes beyond the mainstream accounts of instrumental uses of law and lawlessness in Russia and offers novel ways of understanding the myriad ways in which law may matter in authoritarian regimes.

Power of Rulers, Power of Rules: Russia’s Legal Dualism in Action

The Rule of Law in Russia

Governments around the world are privatizing everything, with dramatic but largely ignored negative consequences for human rights. This open access book outlines the response that is urgently needed. Corporations are being given control over water, healthcare, housing, public transportation, child welfare services, aged care, and much else. Privatization is promoted by international financial institutions, consulting firms, and development actors as the answer to public finances devastated by the very tax cuts insistently pushed by these groups. Their pitch is based upon a mythology that extols the virtues of an idealized market while ignoring the heavy human rights costs incurred. Building on the latest evidence and on specially commissioned case studies, this book shows how the touted 'efficiency' of the private sector is often predicated on higher charges and/or reduced services, destructive employment practices, and the highly predictable exclusion of many users. Privatization generally costs states more money, marginalizes democratic decision-making, and transforms citizens from rights-holders into customers while sidelining accountability. The authors develop an approach designed to enable human rights actors, including courts, UN treaty monitoring bodies, and NGOs to move beyond their longstanding agnosticism towards privatization. It starts with a presumption that privatization is inherently retrogressive in human rights terms. Whatever mix of public and private is reflected in any given arrangement, governments must retain the degree of control necessary to ensure respect for rights, and the legal, financial and administrative ability to do so. The book charts a new direction for responding to the ever-growing threat that privatization poses to human rights. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com.

Destroying the Social Contract and Empowering Corporate Actors

Privatizing Human Rights

The university is a foundational institution in society and a cornerstone of democracy. However, recent actions taken by the Trump administration pose an existential threat to this institution by undermining its singular animating right: academic freedom. In Academic Freedom in the Era of Trump, preeminent thinkers draw from their experience as university leaders and First Amendment scholars to portray this troubling moment for academic freedom. The volume examines the legal, historical, and philosophical foundations of academic freedom, its First Amendment roots, and the implications of recent political interference. The Supreme Court has now enshrined the principle of academic freedom within our First Amendment jurisprudence, unceasingly affirming the principle while continuing to refine its contours. Yet, the Trump administration has employed an authoritarian playbook to assault this principle, withholding federal research funding and exploiting antidiscrimination laws, among other tactics. To prevail in this moment, universities must defend academic freedom by clarifying and reaffirming the constitutional origins, emphasizing the indispensable societal role, and refining and articulating the distinct culture and structures of universities that allow the principle to flourish. Urgent and timely, this book offers a powerful defense of the university as a space for free inquiry and democratic resilience.

Academic Freedom in the Era of Trump

Cornerstone on...

Inquests and inquiries form a distinct area of law in which the aim of the tribunal is to discover what happened, rather than who is right, wrong, or at fault. Cornerstone on Inquests and Inquiries provides an accessible, go-to guide to this area of practice, useful for both practitioners and parties involved. It looks at the field as a whole, acknowledging the commonalities between inquests and public inquiries, and providing a practical approach to each. The book also covers the field of parliamentary inquiries.

Cornerstone on Inquests and Inquiries

Code of Federal Regulations, Title 42 Public Health

Regulations that apply to: medical personnel; medical care &amp; examinations; health related grants; fellowships, internships, and training; quarantine, inspection, and licensing; occupational safety and health research; health assessments; vaccines; Medicare &amp; medical assistance programs; and standards &amp; certification of facilities and services.

Code of Federal Regulations, TITLE 45 PUBLIC WELFARE 200-499, Revised as of October 1, 2025

Constitutional Law in Contemporary America: Volume 1

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