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Egan S: Legal Education in the Classroom

Legal Education in the Classroom

The Transformative Potential of Community Engaged Teaching and Learning

This book presents cutting-edge analysis of one of the most significant constitutional crises in recent British history: the prolonged and intense struggle between government and parliament for control over Brexit. It argues the crisis was very largely caused by the emergence of an Executive-centric approach to governance it dubs 'Whitehall Plus', and the strong parliamentary-push back it both provoked and responded to. The book shows how the crisis exposed and widened deep fault-lines running through core doctrines and practices of the British constitution - profound disagreements long held unresolved and in abeyance, but which exploded into high-octane conflict during the period.

How Brexit Revealed Deep Fault-Lines in the British Constitution

Constitutional Fracture

This book explores the foundations and boundaries of criminalisation by revisiting the concepts of public goods and legal interests from national and transnational perspectives. It examines how these concepts justify, explain, and constrain the criminalisation of conduct across diverse contexts.

Rethinking Public Goods and Legal Interests in Domestic and Transnational Criminal Law

The Boundaries of Criminalisation

The number of Black state and federal judges has grown considerably in the post-Civil Rights Era. They are, in fact, the second most represented group of judges in the state and federal courts. Furthermore, historic appointments of Black men and women to the federal judiciary, including Ketanji Brown Jackson, as well as generally increased calls for the diversification of the courts in recent years have renewed questions about judicial representation. What does having more Black judges in courthouses and communities mean for the political representation of Black people and Black interests? &nbsp;&nbsp;In Robed Representatives, Taneisha Means Davis offers new insights into the lives, identity politics, and actions of Black state court judges. The narratives centered in the book reveal an identity-to-politics link that exists among Black judges that lead them to represent their group interests. This link is corroborated with data that highlights numerous previously unidentified manifestations of racial representation in the legal system. Means demonstrates that only through exploration of the lives, identities, and behaviors of historically underrepresented judges will it be possible to arrive at a comprehensive understanding of the importance—and limitations—of racial diversity in the courts.

How Black Judges Advocate in American Courts

Robed Representatives

'This new edition tells you all you need to know about how construction defects in homes occur, how they might be prevented, and how they might be cured.' &gt;The first edition of Residential Construction Law in 2021 offered the only systematic and analytical overview of the legal framework for residential construction. Since then, there have been significant legislative and caselaw developments across the UK, Aotearoa New Zealand, Australia and Ireland. In this second edition, the authors and their team of specialist contributors have completely revised the content, taking these changes into account. This new edition refers to more than 350 new cases, along with ground-breaking reforms like the UK's Building Safety Act 2022 and lessons from the September 2024 Phase 2 report of the Grenfell Tower Inquiry. The book also anticipates planned reforms, including sweeping changes in several Australian states. &gt;Accompanying online resources for this title can be found at bloomsbury.pub/residential-construction-law

The Uk, Ireland, Australia and New Zealand

Residential Construction Law

Law, Policy and Practice

Housing Debt and Home Loss

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

SpringerBriefs in Law

This book unveils the details of the processes and deliberations that culminated in the consensual global commitment to decisively confront racism, racial discrimination, xenophobia and other forms of intolerance. It settles the pre-conceived and prejudicial controversies raised against the Durban Declaration and Programme of Action. High level delegates and leaders of structures of the conference address the development of the vision of nations for racial justice, building the structures of dialogue towards and during the third world conference against racism, choosing the leadership of the conference, consensus building especially on the so-called difficult issues, the role of championing states such as South Africa (host and then symbol of victory against racism) and Brazil (home to the largest population of people of African heritage outside Africa), and the legacy of the conference and outcome document. It reminds humanity of the merits and nobility of its Durban resolve, based on undertakings in Geneva, Strasbourg, Santiago de Chile, Dakar, and Teheran, under the auspices of the United Nations, and the significance of standing by it.

From Durban to Humanity

Untold Reflections from the World Conference Against Racism

Routledge Research in EU Law

This book addresses legal issues raised by the institutionalisation of European University Alliances and suggests ways to facilitate sustainable academic cooperation towards a truly 'European University'. Since 2017, the EU's European University Alliances (EUAs) initiative has sought to forge cross-border connections between higher education institutions and enhance academic cooperation across Europe. In 2023, the EU launched ten pilot projects to explore legal structuring and facilitate European degrees, applying an innovative governance model to address these needs. This book brings together insights from researchers across Europe, analysing complex legal questions, from defining an appropriate legal status for EUAs to delineating membership, governance, and operational models that align with both EU and national laws. It demonstrates how, as these alliances navigate the challenges of cross-border resource, staff, and data sharing, they face the dual imperative of complying with EU regulations on data protection and competition while also integrating into diverse national legal systems.This book will be of interest to researchers in the field of EU law, legal education and governance.

European University Alliances and the Law

This book sheds light on the under-examined theme of the drafting of equality rights in constitutional bills of rights. It focuses on three jurisdictions where equality has been central to constitutional debate: South Africa, Canada, Northern Ireland. Avoiding the tendency in much of comparative constitutional law literature to focus on the work of courts, this work draws on empirical research to provide a comprehensive account of the different aspects of the drafting process and difficulties societies face when designing equality rights in bills of rights. The book does this by providing the first systematic analysis of three jurisdictions (South Africa, Canada and Northern Ireland) which have adopted, or debated the adoption of, bills of rights. This is a timely and fascinating book which will help shape and share comparative constitutional scholarship. The book demonstrates how the drafting of an equality provision in bills of rights must be understood against the local background political context in which it is immersed. As the book contains a structured comparison of three countries, it has a wide reach: it provides an essential guide for human rights campaigners, the community and voluntary sector, constitutional law practitioners, the international community, politicians and government, academics and students who wish to know more about the importance of the drafting process and, in particular, the choices raised in drafting equality rights provisions. It is in this context that the comparative experience of the three chosen jurisdictions is indispensable and relevant.

Shines a light on the under-examined theme of the drafting of equality rights in constitutional bills of rights.

The Drafting of Bills of Rights

Negotiating Social Justice

The U.S. Constitution is silent about a right to privacy, yet the Supreme Court determined in the 1965 reproductive rights case Griswold v. Connecticut, that such a right is inferred from the Bill of Rights. The reasoning in the landmark case hinged on an unexpected word – penumbra. The Court concluded, in other words, that the unmentioned right to privacy resides in the shadows of the amendments. But this was not the first time penumbral imagery was used in legal writings, and its broader cultural usage dates back much further. Jared Schroeder's The Penumbra Problem provides a much-needed – and quite colorful – social and cultural history of the term. The penumbra concept, it turns out, wasn't an accidental choice but instead a well-selected term with centuries of transnational history. Schroeder tells its story through two intertwining narratives: first, how the word penumbra transcended its oblique scientific origins to become a distinct cultural concept; and, second, the parallel story of its evolving use in legal thought. The book tracks back and forth in time, creating an unexpected lineage of people and works who became unwitting champions of the penumbra concept, including mathematician Johannes Kepler, feminist activist Estelle Griswold, British thinker Robert Hooke, and lexicographer Noah Webster. Pairing these stories with the writings of great legal thinkers such as Willam Douglas and Oliver Wendell Holmes, Schroeder is able to construct a kind of etymological love letter to this obscure concept. Not everyone has supported the privacy precedent, though, and it is no exaggeration to say that it is in danger today. Schroeder's clever, utterly unique history is, at its core, a call to redouble efforts to save the right to privacy. He argues that we must understand its ponderous, indeed uncertain, origins to fully appreciate the precarity in which it exists today, and only then can we adequately fight for it.

The Rise and Fall of the Little-Known Word That Protects Our Privacy

The Penumbra Problem

Hart Studies in Security and Justice

This book examines the constitutional treatment of national security in the UK, Canada, Australia and New Zealand. These four states share their Commonwealth heritage and are members, alongside the USA, of the Five Eyes intelligence-sharing alliance. The book takes a comparative approach to the institutions through which, and tools with which, these four states seek to protect their national security against the threats of both terrorism and hostile state activity and how they have evolved over time. It identifies and examines the various specialised institutions, inside and outside of legislatures, which have grown up to oversee the exercise of public power for national security purposes while maintaining the required secrecy. It argues that the extent of the borrowing and sharing between these jurisdictions in the domain of national security, now and in the past, permits us to talk about a Commonwealth model of national security constitutionalism.

National Security Constitutionalism in the Commonwealth Five Eyes States

Human Rights Law in Perspective

Proportionality Under the UK Human Rights Act

Legal Education in the Classroom

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