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Barkow R: Justice Abandoned

Justice Abandoned

How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration

Foundations of Fashion Studies

By the 1940s the New York fashion industry had come into its own. Sportswear, which had evolved from its origins to include simple casual wear for travel, leisure, town and country, was at the centre of this shift. Drawing on an array of sources, this book examines how New York sportswear evolved during the 1930s and 1940s to become the definitive American style. It reveals how designers such as Claire McCardell, Clare Potter and Tina Leser created a fashion identity for New York that was as dynamic and modern as the city itself. Author Rebecca Arnold interrogates the American ideal of athletic, long-limbed women and looks for the first time at how sportswear impacted and was impacted by ideas of patriotism and democracy, as well as its links to notions of cleanliness and hygiene, and to 1930s theories of body image and contemporary dance. As part of the Foundations of Fashion Studies series, this classic text now includes a new foreword by Emma McClendon and a new afterword and further reading list by the author.

Fashion, Sportswear and the Image of Women in 1930s and 1940s New York

The American Look

Emerging Legal Education

Exploring the broader, non-technical, social and political senses of being situated, this edited collection provides a range of different substantive perspectives on situated learning in legal education.The expert cast of contributors to this book highlight the theory, practice, and impact of situated learning in legal education. Chapters apply situated learning to topics including climate change, First Nations and Indigenous voices, inclusion and belonging, authentic assessment, and generative artificial intelligence. The book questions what differences these intersecting contexts and situations - including the technological, the decolonial and the climatological - make to the practice and thinking of legal educators. In doing so, it considers how legal knowledge and professional identity are shaped through participation, experience, and engagement with communities and real-world problems, and what situated learning can contribute to the future of legal education.This book will be of interest to researchers in the fields of legal education, higher education, digital law, climate change law and decolonial law, as well as legal educators and practitioners interested in curriculum, assessment and educational innovation.

Context, Participation and Practice

Situated Learning in Legal Education

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

Building a New Legal Framework

Foetal Tissue Governance

This book is a comparative study of how courts and oversight bodies review lawmaking processes, exposing democratic deficits and advocating for transparent, participatory legislative reform across Europe. In an era of fast-track legislation and executive overreach, the democratic legitimacy of lawmaking is under increasing pressure. This timely and original volume offers the first comprehensive, comparative analysis of how judicial and non-judicial bodies monitor and assess legislative procedures across Europe and beyond. Drawing on examples from Hungary, France, and the United States, the book highlights troubling trends - such as the use of expedited processes, exclusion of opposition voices, and lack of public participation - that undermine democratic principles and good governance. Contributors examine how courts, parliamentary committees, and international organisations like the Venice Commission respond to these challenges, offering insights into their capacity to uphold constitutional standards and human rights protections. The book also explores the broader implications of defective lawmaking for the rule of law, separation of powers, and the achievement of global goals such as the UN's Sustainable Development Agenda. Featuring leading scholars and practitioners from across Europe, including underrepresented jurisdictions, the volume bridges theory and practice, offering a rich interdisciplinary perspective. It is essential reading for academics, legal professionals, policymakers, and civil society actors concerned with the integrity of democratic institutions and the future of legislative governance. By shedding light on the mechanisms of procedural review, this book makes a compelling case for more transparent, inclusive, and accountable lawmaking in democratic societies.

European Perspectives on the Procedural Review of Parliamentary Lawmaking

“In&nbsp;
 Principles of Imperfect Organized Crime Prevention
 , John Braithwaite offers the first global analysis of organized crime and its entanglements with state corruption, war crimes, and corporate crime, drawing on evidence from more than 50 countries. Through a distinctive empirical and normative lens, Braithwaite combines fine-grained analyses and illuminating insights with thought-provoking recommendations grounded in restorative justice, responsive regulation and a theory of assemblages. Essential reading for scholars of organized crime, this book is equally valuable for social scientists, policymakers, and practitioners seeking innovative strategies to loosen organized crime’s grip on societies and mitigate resulting harms.”
 –Leticia Paoli
 , Professor, Institute of Criminology, KU Leuven, Belgium
 This open access book is a novel contribution to criminology, a radical conjuncture in the evolution of restorative justice and responsive regulatory theory.When Brazil’s President Lula returned to power, he backed an assemblage of movements that included environmentalists, Indigenous leaders who were river keepers, forest keepers, and regulators to reduce deforestation of the Amazon at the hands of assemblages of illegal loggers, wildlife smugglers, agro-business, and corrupt officials. This steeply slowed accelerating destruction of the Amazon ecosystem. Simple reforms like resourcing forest fire brigades and environmental crime prosecutors also helped. Braithwaite’s theoretical point is that disassembling harm-producing assemblages, and replacing them with harm-preventing assemblages, helps us see how big changes to the character of organized crime do occur to impact things that matter, like the Amazon.Organized crime does most harm when it criminalizes states or is taken over by presidents of states. Braithwaite diagnoses data from 6000 interviews and documentary sources from over 50 countries to discern the states where this is happening. Which are the societies where the power of organized crime to do this level of harm has been disassembled?John Braithwaite
 is Emeritus Professor and Founder of the School of Regulation and Global Governance (RegNet) at the Australian National University.

Principles of Imperfect Organized Crime Prevention

Modern Studies in European Law

This book argues that the European Convention of Human Rights enshrines a right to freedom from violence, obliging states to anticipate and address risks of serious violence in all forms. It shows how that obligation has two elements. Firstly, states must respond to specific threats. Secondly, they must implement systemic measures to address more general risks of violence. It goes on to show how jurisprudence in the field has developed this flexible and comprehensive model, addressing the particular challenges violence presents. This new understanding, expertly set out in this study, provides a coherent framework for considering both existing controversies and future developments.

The ECHR Obligation to Avert Risks of Violence

Americans take it for granted that the states of the union make up an economic common market. But that is the case only because early in the nation's history the Supreme Court ruled that the Commerce Clause of the Constitution establishes a principle--sometimes called the "dormant Commerce Clause" principle--that blocks individual states from cutting off the free flow of cross-border trade. From the 1820s onward the Court has issued hundreds of rulings applying this doctrine to prevent the states from imposing tariff-like taxes, local processing requirements, and other restrictions on the free movement of goods and services across state lines. The result for the nation has been, as Justice Robert Jackson once observed, a "material success that . . . has been the most impressive in the history of commerce." After joining the Court in 1986 Justice Antonin Scalia challenged the dormant Commerce Clause principle as an illegitimate judicial innovation at odds with a proper "originalist" interpretation of the Constitution. This critique, moreover, quickly picked up steam as other prominent jurists and commentators--most notably, Justice Clarence Thomas--gave it their enthusiastic support. Is the originalist challenge to the dormant Commerce Clause rule well-founded? In The Common-Market Constitution, Coenen argues that the answer is no. Like Justice Scalia, Coenen focuses on discovering the original public meaning of the Commerce Clause. According to Coenen, however, the text and history of that clause compel a conclusion that is the direct opposite of the one that Justice Scalia reached. As Coenen demonstrates, a proper originalist assessment of the dormant Commerce Clause principle requires consideration of a sweeping body of text- and history-based evidence that ranges far beyond what critics of that principal rule have focused on in the past. A full and fair appraisal of that evidence, Coenen argues, leaves no doubt that the constitutional rule that the Court has long applied to safeguard the American common market does reflect the original public meaning of the Commerce Clause.

Text, History, and the "Dormant Commerce Clause" Rule

The Common-Market Constitution

Studien zum europäischen und deutschen Öffentlichen Recht

Due to persistently high levels of cross-border organised crime within the European Union, a mismatch can currently be observed between the European area of criminal activity and the European area of security. Member States face difficulties in adequately responding to the European dimension of internal security, not only for political but also for legal reasons. This is because the provision of internal security is closely linked to the state's monopoly on the legitimate use of force, which in turn constitutes a central element of state sovereignty. What has received little attention so far is that the state's monopoly on the legitimate use of force is not an entirely untouchable domain.
 

 Jul Krüger defines a scope within which the state's monopoly on the legitimate use of force can be modified-and thus Europeanised-in accordance with the concept of shared sovereignty in a union of states and constitutional orders. The four-level model of the monopoly on the use of force developed to capture this scope enables not only a differentiated analysis of the Europeanisation of the state's monopoly on the legitimate use of force (i.e. the status quo), but also an assessment of the extent to which modifications are compatible with the constitutional limits on the transfer of powers under Article 23(1), third sentence, in conjunction with Article 79(3) of the German Basic Law (i.e. an extension of the status quo).
 

 Transfers and exercises of competences that are currently under discussion can be incorporated into the model developed in the study. On an abstract level, this allows for an initial assessment of whether modifications of the civilian monopoly on the legitimate use of force are compatible with constitutional and European legal requirements. The author illustrates this approach through a range of case studies.

Möglichkeiten und Grenzen der Übertragung und Ausübung von Zwangsbefugnissen am Beispiel der Bekämpfung der organisierten Kriminalität

Die Europäisierung der inneren Sicherheit

Studies in Penal Theory and Ethics

What are reasons? What are duties? What are values? This book presents a fresh account of these concepts and the interplay between them. It defends a modest notion of a reason. It opens space for a notion of a duty that is fundamental and irreducible to that of a reason. And it proposes that engagement with value can be assessed as good, and that good engagement often involves the development of correct beliefs and fitting emotions. The result brings to light the normative significance of cognitive and affective attitudes, and reshapes the relationship between practical and epistemic normativity. In this redrawing of the normative map, Rethinking Normativity engages with wide ranging resources, including Razian theory, care ethics, and accounts of pragmatic encroachment on knowledge.

Rethinking Normativity in the Law and Beyond

This landmark collection provides new insights, concepts and techniques to understand and respond to tort claims based on illegal conduct. It is the first comparative study of this difficult field, which has remained contested despite numerous decisions of the highest courts in the common law world. The collection draws on scholars from common law and civilian jurisdictions spanning Argentina, Australia, Brazil, England and Wales, France, Germany, Italy, the Netherlands, Scotland, Singapore, Spain, South Africa and Sweden. Together they set out fact patterns, and justifications for tort liability to illustrate the coherence and unity that exists when courts address such claims. While common law legal systems have developed a specific defence of illegality for some of those fact patterns, civilian jurisdictions tend to see illegality operating, if at all, through the existing components of tort liability. The book explains how these different approaches have been reached, how they work, and what they reveal about reasoning in tort.

Comparative Lessons on Legal Reasoning

Understanding Tort Claims and Illegality

Landmark Cases

This book presents the landmark cases in company law which have shaped and defined the field and is written by leading experts in the field.

Landmark Cases in Company Law

Justice Abandoned

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