This monograph examines the intricate legislative and jurisprudential scenario of family reunification between EU citizens and third country nationals that has developed in the European Union over ...the last 50 years. Focusing on family residence rights granted to third country national family members of EU citizens, it examines one of the largest sectors affected with over two hundred thousand permits granted each year. In addition to its practical significance, the field has been the object of a lively debate which has yet to be systematically analysed. Using a historical approach, it illustrates the development of the legislation and of the case law on the issue considering the factors that influenced the choices of the EU Legislator and of the Court over the years. It also suggests what future path the Court could take when deciding on cases in the field in order to reinforce the protection of families. This important research ensures full understanding of the EU legislation and of the Court’s jurisprudence and allows for its correct application by Member States. Volume 73 in the Series Modern Studies in European Law
Police are required to obey the law. While that seems obvious, courts have lost track of that requirement due to misinterpreting the two constitutional provisions governing police conduct: the Fourth ...and Fourteenth Amendments. The Fourth Amendment forbids ""unreasonable searches and seizures"" and is the source of most constitutional constraints on policing. Although that provision technically applies only to the federal government, the Fourteenth Amendment, ratified in the wake of the Civil War, has been deemed to apply the Fourth Amendment to the States. This book contends that the courts’ misinterpretation of these provisions has led them to hold federal and state law enforcement mistakenly to the same constitutional standards. The Fourth Amendment was originally understood as a federalism, or “states’ rights,” provision that, in effect, required federal agents to adhere to state law when searching or seizing. Thus, applying the same constraint to the States is impossible. Instead, the Fourteenth Amendment was originally understood in part as requiring that state officials (1) adhere to state law, (2) not discriminate, and (3) not be granted excessive discretion by legislators. These principles should guide judicial review of modern policing. Instead, constitutional constraints on policing are too strict and too forgiving at the same time. In this book, Michael J.Z. Mannheimer calls for a reimagination of what modern policing could look like based on the original understandings of the Fourth and Fourteenth Amendments.
Proportionality Barak, Aharon
01/2012, Volume:
v.Series Number 2
eBook
Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality ...stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.
This book examines claims involving unjust enrichment and public bodies in France,England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as ...Woolwich EBS v IRC, those resulting from the decision of the European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v IRC and those involving Local Authority swaps transactions. So far these cases have been viewed from either a public or a private law perspective, whereas in fact both branches of the law are relevant, and the author argues that the courts ought not to lose sight of the public law issues when a claim is brought under the private law of unjust enrichment, or vice versa. In order to achieve this a hybrid approach is outlined which would allow the law access to both the public and private law aspects of such cases. Since there has been much discussion, particularly in the context of public body cases, of the relationship between the common law and civilian approaches to unjust enrichment, or enrichment without cause, Part 2 considers the French approach in order to ascertain what lessons it holds for England and Wales. And finally, as the Metallgesellschaft case itself makes clear, no understanding of such cases can be complete without an examination of the relevant EU law. Thus Part 3 investigates the principle of unjust enrichment in the European Union and the division of labour between the European and the domestic courts in the ECJ’s so-called ‘remedies jurisprudence’. In particular it examines the extent to which the two relevant issues, public law and unjust enrichment, are defined in EU law, and to what extent this remains a task for the domestic courts. Cited with approval in the Court of Appeal by Beatson, LJ in Hemming and others v The Lord Mayor and Citizens of Westminster, 2013 EWCA Civ 5912 Cited with approval in the Supreme Court by Lord Walker, in Test Claimants in the Franked Investment Income Group Litigation (Appellants) v Commissioners of Inland Revenue and another 2012 UKSC 19
Not since the 1960s have U.S. politicians, Republican or Democrat, campaigned on platforms defending big government, much less the use of regulation to help solve social ills. And since the late ...1970s, deregulation has become perhaps the most ubiquitous political catchword of all. This book takes on the critics of government regulation. Providing the first major alternative to conventional arguments grounded in public choice theory, it demonstrates that regulatory government can, and on important occasions does, advance general interests.Unlike previous accounts, Regulation and Public Interests takes agencies' decision-making rules rather than legislative incentives as a central determinant of regulatory outcomes. Drawing from both political science and law, Steven Croley argues that such rules, together with agencies' larger decision-making environments, enhance agency autonomy. Agency personnel inclined to undertake regulatory initiatives that generate large but diffuse benefits (while imposing smaller but more concentrated costs) can use decision-making rules to develop socially beneficial regulations even over the objections of Congress and influential interest groups.This book thus provides a qualified defense of regulatory government.Its illustrative case studies include the development of tobacco rulemaking by the Food and Drug Administration, ozone and particulate matter rules by the Environmental Protection Agency, the Forest Service's roadless policy for national forests, and regulatory initiatives by the Securities and Exchange Commission and the Federal Trade Commission.
Feminist and Queer Legal Theory Fineman, Martha Albertson; Jackson, Jack E; Romero, Adam P
2009, 20160415, 2016-04-15, 2009-11-01, 2013-02-28, 20090101
eBook
Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations is a groundbreaking collection that brings together leading scholars in contemporary legal theory. The volume ...explores, at times contentiously, convergences and departures among a variety of feminist and queer political projects. These explorations - foregrounded by legal issues such as marriage equality, sexual harassment, workers' rights, and privacy - re-draw and re-imagine the alliances and antagonisms constituting feminist and queer theory. The essays cross a spectrum of disciplinary matrixes, including jurisprudence, political philosophy, literary theory, critical race theory, women's studies, and gay and lesbian studies. The authors occupy a variety of political positions vis-Ã -vis questions of identity, rights, the state, cultural normalization, and economic liberalism. The richness and vitality of feminist and queer theory, as well as their relevance to matters central to the law and politics of our time, are on full display in this volume.
Corporate and antitrust legislation is complex and covers a vast array of policy interests that can be perceived as inextricable. This book opens a window to the intricate interactions among these ...two traditionally separated but highly interconnected fields of policy making, with a focus on the most recent trending topics.
The term »racism« is currently experiencing a renaissance in Germany. In parts of academia, a broad understanding dominates, which also covers culturalised distinctions as well as institutional ...manifestations that are not based on intentional actions. In this collection, leading scholars present a range of different perspectives and show which of these manifestations of racism are covered by the legal prohibitions of discrimination in the German constitution, EU law, and international law.
Der Begriff "Rassismus" erfährt in Deutschland derzeit eine Renaissance. In Teilen der Wissenschaft dominiert ein weites Verständnis, das auch kulturalisierte Unterscheidungen sowie institutionelle Erscheinungsformen, die nicht auf intentionalen Handlungen beruhen, umfasst. In diesem Sammelband stellen führende Wissenschaftlerinnen und Wissenschaftler unterschiedliche Perspektiven vor und zeigen, welche dieser Erscheinungsformen von Rassismus von den rechtlichen Diskriminierungsverboten des Grundgesetzes, des EU-Rechts und des Völkerrechts erfasst werden.
Zunehmend ist unser Alltag von vernetzten Geräten und dem Internet der Dinge durchzogen. Die Vernetzung eröffnet nicht nur neue Nutzungsmöglichkeiten. Sie macht den Nutzer beim Gebrauch des Geräts ...auch vom Willen des Anbieters abhängig. Der Anbieter kann das Gerät sperren, indem er die integrierte Software blockiert oder den Cloud-Zugang verweigert. So verwandelt er ein High-Tech-Endgerät in Elektroschrott. Vielfach greift in diesen Fällen das Vertragsrecht. Doch was, wenn zwischen Nutzer und Anbieter kein Vertrag besteht? In diesem Fall ist der Nutzer auf einen Schutz über Besitz oder Eigentum angewiesen. Inwiefern der digitale, also software- oder netzbasierte Gebrauch überhaupt einem solchen Schutz unterliegt, beantwortet Konrad Duden in der vorliegenden Untersuchung.
