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Girard R: Populism and Courts in an Age
of Constitutional Impatience

Populism and Courts in an Age of Constitutional Impatience

Judges Vs the People

When did the federal government's self-appointed, essentially limitless authority over Native America become constitutional?&nbsp;&nbsp;The story they have chosen to tell is wrong. It is time to tell a better story. Thus begins Keith Richotte's playful, unconventional look at Native American and Supreme Court history. At the center of his account is the mystery of a massive federal authority called plenary power.&nbsp;&nbsp;When the Supreme Court first embraced plenary power in the 1880s it did not bother to seek any legal justification for the decision – it was simply rooted in racist ideas about tribal nations. By the 21st century, however, the Supreme Court was telling a different story, with opinions crediting the U.S. Constitution as the explicit source of federal plenary power.&nbsp;&nbsp;So, when did the Supreme Court change its story? Just as importantly, why did it change its story? And what does this change mean for Native America, the Supreme Court, and the rule of law? In a unique twist on legal and Native history, Richotte uses the genre of trickster stories to uncover the answers to these questions and offer an alternative understanding.&nbsp;&nbsp;The Worst Trickster Story Ever Told provides an irreverent, entertaining synthesis of Native American legal history across more than 100 years, reflecting on race, power, and sovereignty along the way. By embracing the subtle, winking wisdom of trickster stories, and centering the Indigenous perspective, Richotte opens up new avenues for understanding this history. We are able, then, to imagine a future that is more just, equitable, and that better fulfills the text and the spirit of the Constitution.

Native America, the Supreme Court, and the U.S. Constitution

The Worst Trickster Story Ever Told

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 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

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

The Rule of Law in Context

This book presents an account of how the rule of law in Thailand has developed through history as well as how it is perceived by different segments of society. It is the first volume on Thailand's rule of law written in English by Thai scholars having first-hand experience in its development in the past three decades. To outsiders, the nature and operation of the rule of law in Thailand expose an array of ambivalences and paradoxes. Despite being one of the first Asian countries to adopt a constitutional democracy, democratisation remains a far-off dream. Though having consistently proclaimed itself to be a staunch advocate of democracy and human rights, the Kingdom has been rife and stifled with military coups, massacres, and pervasive corruption. The story becomes even more complex with regard to the status of its monarchy. Against the practice of royalist coups, the Thai King is however praised as the sinew of rule-of-law development. Between the struggle of a progressive, pro-democracy movement and the royalist-conservative alliance, 'Rule of Law' becomes a buzzword around which both parties contest. In addition to its perplexing image, an attempt to understand Thailand's rule of law is further crippled by language barrier, with neologisms competing for selection - nitirath and nititham.

A Struggle between Dual Visions

The Rule of Law in Thailand

The definitive guide to serving as an executor, trustee, or estate representative If you need to wrap up the affairs of a loved one who has died, you might feel overwhelmed--especially when you're grieving. But you can do it, and this book will show you how. The Executor's Guide provides a clear road map through an unfamiliar land of legal procedures and terminology. You'll learn what to do right away and what can wait. In plain language, this book explains: <ul> <li>The Critical First Steps: The legal and practical steps to take in the first days and weeks after a death.</li> <li>Managing Paperwork: How to deal with the mounds of paperwork from life insurance, Social Security, veterans' benefits, final paychecks, transferring accounts, and death announcements.</li> <li>Interpreting Wills and Understanding Intestacy: Reading, understanding, and following the directions in a will -and figuring out what to do if your loved one passed away without a will.</li> <li>Avoiding Probate: How to determine if the estate qualifies for simplified "small estate" procedures that can save your family thousands of dollars and months of delays.</li> <li>Filing Final Taxes: Handle the estate's final income and estate taxes.</li> <li>Managing Assets &amp; Paying Bills: From opening an estate's bank account to dealing with creditors and paying bills.</li> <li>Handling Trusts: Step-by-step guidance on administering a stand-alone living trust and trusts created by a will.</li> <li>Working with Professionals: Know when you need help from a lawyer, appraiser, or financial advisor. Understand how to work with these professionals and keep costs down.</li> </ul> The fully updated 11th edition features revised state-specific charts that detail each state's probate thresholds, tax rules, and legal requirements.* Includes downloadable worksheets. Get access to customizable digital checklists, asset inventory sheets, and executor log templates to keep your records organized from day one. * This book does not cover Louisiana law.

Settling a Loved One's Estate or Trust

The Executor's Guide

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

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

By exploring the historic development of marriage laws and changing relationship norms in England, Qatar and Australia; the legal treatment of religious-only unions in light of the family law regime in each country, and the impact of non-recognition, this book reveals the complexities of the law reform needed to tackle these issues. This examination of the differing outcomes for couples who live in England/Wales where cohabitants have no legal rights, Australia where cohabitants do benefit from some legal protections, and Qatar, a Muslim majority state with a modern family law regime which ordinarily recognises religious marriages provides a broad canvas for exploring this issue in depth. The book looks at this very complex issue from a range of perspectives including autonomy, cultural transitions and legal pluralism. It examines the issue of religious-only marriages in order to convey the complex and interwoven narrative which signifies how multifaceted law reform must be in order to adequately respond to these transitioning relationship norms in any given jurisdiction. Of course, relationship norms are not static and they continue to evolve. In light of changing norms and practices, the theoretical framework for this book focuses on the concept of 'liminality' or transition, which is being witnessed in the processes and formalities by which Muslims are entering their marriages.

England, Qatar and Australia

Muslim Marriages in Transition

Code of Federal Regulations, Title 40 Protection of the Environment

Title 40 presents regulations governing care of the environment. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed.

Title 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included.

Code of Federal Regulations, Title 40 Protection of Environment 63.1440-63.6175, Revised July 1, 2025

Hart Studies in Private Law

This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration. It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements. Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.

Exploring the Foundations of Contract Law

Cause and Consideration

A comprehensive guide to U.S. visas and green cards, covering both eligibility and practical steps toward obtaining the desired benefit. Readers will learn how the U.S. immigration bureaucracy functions (or malfunctions) and whether they potentially qualify for a green card based on family or work; a temporary visa for tourism, study, work, or a cultural exchange; or another program or remedy, such as asylum or a U visa. Useful for both would-be immigrants and those who assist them.

U.S. Immigration Made Easy

Populism and Courts in an Age of Constitutional Impatience

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