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Justice Scalia

Rhetoric and the Rule of Law

Edition Politik

Is shrimp becoming Ecuador's new oil&nbsp;– and at what cost? Valerie Lenikus uncovers the political-economic drivers and the socio-ecological implications of extractivism: how export-led aquaculture has razed mangroves, displaced coastal livelihoods, and sharpened struggles over land and natural resources. Based on the Latin American debate on extractivism, historical conditions and inequalities, and the controversial constitution of 2008, the complex power relations on different spatial levels are depicted, linking the central role of the state and its policies with concrete struggles of communities.

Conflicts and Power Relations in Ecuador's Shrimp Sector

Tides of Extraction

Anthem Environment and Sustainability Initiative

This textbook is designed to introduce the reader to important and emerging issues in contemporary environmental law, policy, economics, and science. It explains the roles and interactions of Congress, federal agencies, state governments, and the courts in protecting the environment and public health from pollution. Topics include common law; administrative law; the role of environmental impact assessments and endangered species protection; and the principal legislation and court decisions dealing with greenhouse gas emissions, conventional and toxic air pollution, water pollution, the control of toxic chemicals and hazardous waste, pollution prevention and primary accident prevention, and community right-to-know. The text also explores various alternatives to regulation and concludes with a brief treatise on sustainability. 
The evolving role of science and economics in legislative, regulatory, and judicial decision making is explored. The text analyzes pollution as an economic problem and a failure of markets, discusses the role of technological innovation and the concept of "dynamic" economic equilibrium, and evaluates economic incentives as an alternative or supplement to regulation. The book also provides an introduction to basic legal skills: how to read and understand judicial opinions, regulations, and statutes; how to discover the current state of the law in a specific area; and how to take action toward resolution of environmental problems. Throughout, the role of national and local politics in shaping and implementing environmental policy is acknowledged and evaluated.

Reclaiming the Environmental Agenda - Revised Edition

Environmental Law, Policy, and Economics

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

This book honours a remarkable legal thinker, David Feldman, whose influence on public law and on multiple generations of legal scholars and practitioners has been profound. It provides a unique set of insights into some of the most topical and enduring questions in public law (broadly conceived), through the reflections of a stellar line-up of contributors on key dimensions of David Feldman's rich body of work. Each chapter constitutes an original and important contribution to the field, taking David Feldman's seminal writings as a starting-point and developing contemporary, distinctive analytical perspectives. Like David Feldman's work itself, the book ranges across - and acknowledges and explores the porous relationships between - constitutional law, administrative law and human rights and civil liberties.

Essays in Honour of David Feldman

The Mosaic of Public Law

Key Ideas in Law

This book provides an account of the most important and controversial aspects of the principle of legality in the United Kingdom. The principle of legality describes a method of statutory interpretation that empowers courts to prevent fundamental common law values from being overridden by unclear legislation. However, it makes more sense to think of multiple principles of legality, rather than a single concept. The book provides a fresh and detailed perspective on a controversial aspect of the common law. It will be useful for students of law and politics, legal practitioners and scholars. It explores the many complexities surrounding the historical origins, fields of application, mode of operation, and subject matter of the principle of legality. Despite its long history, the term 'principle of legality' only began to be used in public law cases towards the end of the twentieth century. More recently, judicial references to the principle of legality in high profile constitutional law cases have fuelled broader concerns about judicial overreach. The book argues that these concerns are unfounded, and deeper principles of legality are required.

Key Ideas in Law: The Principle of Legality

Landmark Cases

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

Substantive Cases

Landmark Cases in EU Law, Volume 2

Hart Studies in Constitutional Theory

This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation. This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights. Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.

Volume 2: Connections and Analysis

Constitutionally Conforming Interpretation – Comparative Perspectives

A fairer, healthier, more caring and sustainable society is entirely within our grasp. The renowned co-author of The Spirit Level shows us the way.'An uplifting vision for solving inequality that benefits everyone' ANDY BURNHAM'Poverty and inequality are at the heart of all our problems. Kate Pickett's book shows how tackling them must be at the heart of our solutions too' ZACK POLANSKI'Just what these times are crying out for' KATE RAWORTHHow do we ensure that everyone has good health and receives the care they need? How do we provide education that allows every child to flourish? How do we ensure safety, justice and a sustainable environment for all?In this inspiring book, world-leading social scientist Kate Pickett shows that to make a good society - in which everyone has what they need to be well, and everyone would be better off - we must prioritise the health, care, education and rehabilitation of those who have the least and suffer the most. Drawing on decades of proven solutions and success stories from around the globe, The Good Society cuts to the essence of the challenges we face and presents us with a practical, perspective-shifting vision for how to tackle them.'Genuinely transformative. A powerful and deeply humane vision that focuses on what really matters' DANIEL CHANDLER'Daringly optimistic' FINANCIAL TIMES'Electrifying' POLLY MORLAND'Vital ... shines a light for hope' INDEPENDENT

And How We Make It

The Good Society

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

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

The Law That Never Was

Informal Decision Making in the European Community Under the Luxembourg Compromise

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

Justice Scalia

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