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Hamburger P: Is Administrative Law
Unlawful?

Is Administrative Law Unlawful?

This book provides a novel judicial framework for receiving and considering religious and cultural claims in shaping human rights in constitutional secular democracies. It does this through an extended case study of the Indian constitutional jurisprudence. Abortion and surrogacy, LGBTQ + rights, sex work and euthanasia are arguably the most controversial human rights issues of our time. They all invite passionate religious and cultural debate but are not themselves religious or cultural rights issues. Instead, they pose a fundamental constitutional question: How far can religion and culture go in shaping general human rights in secular constitutional democracies? Moving beyond the logic of individual rights, this book provides an integrated and holistic approach to answering this classic question of constitutional law. To do this, it proposes an innovative empirically backed normative-theoretical framework which synthesises insights from cultural psychoanalysis, feminist legal scholarship, socio-legal method, constitutional law, evidence law, and political theory. It looks at a unique constellation of cases belonging to eight different human rights themes covering the period since India's independence in 1947 and systematically analyses the religious and cultural claims made in those cases. It finds that in India, a more holistic approach to answering our classic constitutional puzzle requires a simultaneous consideration of three different theories: A theory of constitutional interpretation which formulates restrictions on a judge considering religious and cultural claims in fundamental rights cases; A theory of judicial notice which determines when such claims can be admitted without proof; A theory of secularism and public reason which argues that the claims must be given weight in the final decision only if they match defensible conceptions of constitutional values. The book develops these theories and applies them to the Indian cases, providing an innovative approach to an age-old question.

With God as our Witness

Religion, Culture, and Human Rights in India

This open access book establishes an interpretative framework by means of a functionalist-originalist reading of EU law and comparative federalism, in particular US constitutional law. The EU is undergoing one of the most profound structural crises of its history, relating to the rule of law and fundamental rights. The author conceptualises the existential question in terms of ontology, constitutional legitimacy, doctrine and institutional process. By providing the first conceptual methodology (based on comparative federalism and focusing on law and rights) the book develops proposals which can be used to address the EU's current constitutional challenges. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Provides an exciting new statement on how best to understand the current constitutional crisis faced by the EU by drawing on comparative federalism.

Enforcing Founding Values Against Member States

The Diagonality Problem of European Constitutionalism

International Studies in the Theory of Private Law

Constitutional Rights in Private Law

Why Big Labor moved to the right— and the fight ahead for the left to win back America’s working class Unions helped construct the American middle class, defeat Jim Crow, and advance progressive rights, but in Trump’s America, the labor movement is changing. In Big Labor's Big Shift, journalist Nathan Bomey explores how Big Labor and the working class are no longer an automatic ally of the American left. Fueled by decades of economic decline, political disillusionment, and cultural disenfranchisement, new politically nebulous and economically populist leaders in the movement are building a powerful new movement based on class warfare that prizes wage and benefit gains over traditional progressive priorities. Through original reporting and first-hand interviews, Bomey traces key events that have led to this political shift. Bomey reveals: -At the Teamsters, president Sean O’Brien is cozying up to Donald Trump and blasting Democrats as tools of big business, even showing up at the Republican National Convention to deliver his message. -At the United Auto Workers, president Shawn Fain is seizing an opportunity to break the free trade consensus in Washington. The devout Christian, who wields religious rhetoric from the stump, is aligning with the Trump White House on tariffs and blasting Democrats for aggressively pursuing electric vehicles to fight climate change. Bomey shows how the two interconnected phenomena represent a massive political realignment—not just along cultural and nationalism lines, but of the working class itself away from its historic roots in the Democratic party. Urgent and compelling, Big Labor's Big Shift encapsulates the fight for the soul of the union movement.

Why Big Labor moved to the right—and the fight ahead for the left to win back America’s working class Unions helped construct the American middle class, defeat Jim Crow, and advance progressive rights, but in Trump’s America, the labor movement is changing. In Big Labor's Big Shift, journalist Nathan Bomey explores how Big Labor and the working class are no longer an automatic ally of the American left. Fueled by decades of economic decline, political disillusionment, and cultural disenfranchisement, new politically nebulous and economically populist leaders in the movement are building a powerful new movement based on class warfare that prizes wage and benefit gains over traditional progressive priorities. Through original reporting and first-hand interviews, Bomey traces key events that have led to this political shift. Bomey reveals: -At the Teamsters, president Sean O’Brien is cozying up to Donald Trump and blasting Democrats as tools of big business, even showing up at the Republican National Convention to deliver his message. -At the United Auto Workers, president Shawn Fain is seizing an opportunity to break the free trade consensus in Washington. The devout Christian, who wields religious rhetoric from the stump, is aligning with the Trump White House on tariffs and blasting Democrats for aggressively pursuing electric vehicles to fight climate change. Bomey shows how the two interconnected phenomena represent a massive political realignment—not just along cultural and nationalism lines, but of the working class itself away from its historic roots in the Democratic party. Urgent and compelling, Big Labor's Big Shift encapsulates the fight for the soul of the union movement.

Why Unions Left Democrats

Big Labor's Big Shift

Global Energy Law and Policy

This book provides a multi-jurisdictional analysis of the role of law in accelerating the development of floating offshore wind energy. With ongoing technological advancements in the context of the energy transition, floating offshore wind represents a significant advancement in the global transition towards sustainable energy. Debates around the inherent ecological tensions raised by fixed-bottom offshore wind turbines, as well as the value of deeper offshore wind exploration, are considered alongside unanswered questions on the complexity of the marine environment and its governance in relation to the deployment of floating offshore wind energy. Other questions focus on marine spatial planning, licensing and permitting procedures, and the safety of installing and maintaining complex offshore energy infrastructure. Although these issues partially coincide with those related to traditional bottom-fixed installation, the book provides an opportunity to test the extent to which traditional legal and regulatory strategies may or may not be suited to the fast-growing deployment of floating offshore wind energy. Written by experts across multiple jurisdictions where floating projects are being developed, the book unlocks new thinking on regulatory modelling and design at a time when floating wind is expected to resolve the complexity of the Energy Quadrilemma.

Global Insights

The Law and Policy of Floating Offshore Wind

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

Governance and Public Management

The Shadow State at the Municipal Level

Democratic Accountability and the Ethics of Outsourced Governance

Kooperationswerke Beck - Hart

The Article-by-Article-Commentary on the new EU Law on Artificial Intelligence
This volume provides a comprehensive article-by-article commentary on the new provisions of the Artificial Intelligence Act (AI Act). It contains chapters on, among other things, technical and ethical foundations, responsibility for AI as well as data protection aspects.

The Artificial Intelligence Act provides harmonised rules for the development, marketing and use of AI systems in the EU, including for the safety and fundamental rights of individuals. It thus has a direct legal and economic impact on business activities and the users of AI systems.
The authors describe in detail
which obligations are imposed on providers and commercial users of AI systems,
how such systems can be introduced and used in compliance with the law, and
what requirements are placed on the providers (e.g., developers of an AI application for robot-assisted surgery) and the users of such systems (e.g., the hospital using the AI application in surgery).

Additional content
Systematic presentation of the law of artificial intelligence in Switzerland
Additional chapters, among others, on technical and ethical foundations, on further regulatory frameworks, on the responsibility for AI and on aspects of data protection law

Potential readers
In-house counsels, companies, lawyers, market surveillance authorities, supervisory authorities, business and consumer associations, research institutions, non-governmental organisations, European institutions.

About the contributors
The book is edited by Prof. Dr. Janine Wendt, Chair of Civil Law and Corporate Law at the Technical University of Darmstadt, and Prof. Dr. Domenik H. Wendt, LL.M., Chair of Civil Law, European Business Law and European Law at the Frankfurt University of Applied Sciences. The authors are experts from academia and from legal as well as regulatory practice.

Article-by-Article Commentary

Artificial Intelligence Act

Code of Federal Regulations, Title 05 Administrative Personnel

The Code of Federal Regulations (CFRs) are a vital resource for anyone who needs to understand the rules and requirements set by U.S. federal agencies. Title 5 presents information on federal employee management, civil service functions, employee benefits, as well as ethics and government organization and procedures.

Code of Federal Regulations, Title 05 Administrative Personnel 700-1199, Revised as of January 1, 2025

A provocative exposé of how our attention, behavior, and desires have been co-opted by the “choice box”—a curated set of options that offer a false sense of agency while funneling us down pre-determined paths controlled by a select few Choice boxes are all around us, but chances are you’ve never noticed them. Every time you click on a recommended video, rate an Uber driver, run a Google search, or invest in your 401k, you may think you’re the one calling the shots—but in reality, you’re limited to making the choices that a corporation wants you to make. Today, structured decision-making governs our lives to such an extent that we hardly see it at all. But who designs these choices, and whose interests do they serve? In Choose Your Captivity, historian Eli Cook introduces readers to the choice architects who first built these boxes and trapped us inside—from the maze-building eugenicist who invented the multiple-choice test to the marketing gurus who sold off our supermarket shelves to a few ultra-processed food giants. In less than a generation, architects like these have transformed a handful of online platforms into the richest businesses in the world. And by determining our options, controlling our actions, and even shaping our identities, they have laid the groundwork&nbsp;for the winner-takes-all game of digital capitalism that dominates us today. In a society built around the promise of free choice and personal responsibility, Cook argues, these hidden architects might just have the greatest power of all. A propulsive and vivid history, Choose Your Captivity opens readers’ eyes to the immense power of the choice box—and how to escape it.

A provocative exposé of how our attention, behavior, and desires have been co-opted by the “choice box”—a curated set of options that offer a false sense of agency while funneling us down pre-determined paths controlled by a select few Choice boxes are all around us, but chances are you’ve never noticed them. Every time you click on a recommended video, rate an Uber driver, run a Google search, or invest in your 401k, you may think you’re the one calling the shots—but in reality, you’re limited to making the choices that a corporation wants you to make. Today, structured decision-making governs our lives to such an extent that we hardly see it at all. But who designs these choices, and whose interests do they serve? In Choose Your Own Captivity, historian Eli Cook introduces readers to the choice architects who first built these boxes and trapped us inside—from the maze-building eugenicist who invented the multiple-choice test to the marketing gurus who sold off our supermarket shelves to a few ultra-processed food giants. In less than a generation, architects like these have transformed a handful of online platforms into the richest businesses in the world. And by determining our options, controlling our actions, and even shaping our identities, they have laid the groundwork&nbsp;for the winner-takes-all game of digital capitalism that dominates us today. In a society built around the promise of free choice and personal responsibility, Cook argues, these hidden architects might just have the greatest power of all. A propulsive and vivid history, Choose Your Own Captivity opens readers’ eyes to the immense power of the choice box—and how to escape it.

How Corporations Built Our Choices and Sold Our Freedom

Choose Your Captivity

Code of Federal Regulations, Title 42 Public Health

Title 42 presents regulations that apply to: medical personnel; medical care and examinations; health related grants; fellowships, internships, and training; quarantine, inspection, and licensing; occupational safety and health research; health assessments; vaccines; Medicare and medical assistance programs; and standards and certification of facilities and services. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

Code of Federal Regulations, Title 42 Public Health 414-429, Revised as of October 1, 2025

Code of Federal Regulations, Title 08 Aliens and Nationality

A compilation of federal regulations, the CFRs are an authoritative source of government information representing broad subject areas. Title 8 presents regulations governing the process and procedures which impact immigration and naturalization. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.

Code of Federal Regulations, Title 08 Aliens and Nationality, Revised as of January 1, 2025

Is Administrative Law Unlawful?

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