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Borders, Legal Spaces and Territories in Contemporary International Law: Within and Beyond

This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States’ boundaries: indeed, while remaining a fundamental tool for asserting States’ power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens “within” borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States’ and international organisations’ powers and prerogatives across or “beyond” borders.

Borders, Migration and Globalization: An Interdisciplinary Perspective (Routledge-Giappichelli Studies in Law)

The emergence of new and substantial human migration flows is one of the most important consequences of globalisation. While ascribable to widely differing social and economic causes, from the forced migration of refugees to upper-middle-class migration projects and the movement of highly skilled workers, what they have in common is the effect of contributing to a substantial global redefinition in terms of both identity and politics. This book contains contributions from scholars in the fields of law, social sciences, the sciences, and the liberal arts, brought together to delineate the features of the migration phenomena that will accompany us over the coming decades. The focus is on the multifaceted concept of 'border' as representing a useful stratagem for dealing with a topic like migration that requires analysis from several perspectives. The authors discuss the various factors and issues which must be understood in all their complexity so that they can be governed by all social stakeholders, free of manipulation and false consciousness. They bring an interdisciplinary and comparative perspective to the social phenomena such as human trafficking, unaccompanied foreign minors, or ethnic-based niches in the job market. The book will be a valuable guide for academics, students and policy-makers.

Borders, Migration and Globalization: An Interdisciplinary Perspective (Routledge-Giappichelli Studies in Law)

The emergence of new and substantial human migration flows is one of the most important consequences of globalisation. While ascribable to widely differing social and economic causes, from the forced migration of refugees to upper-middle-class migration projects and the movement of highly skilled workers, what they have in common is the effect of contributing to a substantial global redefinition in terms of both identity and politics. This book contains contributions from scholars in the fields of law, social sciences, the sciences, and the liberal arts, brought together to delineate the features of the migration phenomena that will accompany us over the coming decades. The focus is on the multifaceted concept of 'border' as representing a useful stratagem for dealing with a topic like migration that requires analysis from several perspectives. The authors discuss the various factors and issues which must be understood in all their complexity so that they can be governed by all social stakeholders, free of manipulation and false consciousness. They bring an interdisciplinary and comparative perspective to the social phenomena such as human trafficking, unaccompanied foreign minors, or ethnic-based niches in the job market. The book will be a valuable guide for academics, students and policy-makers.

The Borders of the European Union in a Conflictual World: Interdisciplinary European Studies

This open access book examines the implications for the EU of a radically changed international context characterized by systemic rivalry, competition over norms and regulations, and growing strategic tension. Globalization that once tied national economies together and internationalized social phenomena, such as education, research and innovation, and tourism, has gone in reverse. An opposite trend is driving the world into distinct spheres of competing models of governance, regulation, technological development, and communication. Facing the most extensive rupture of economic and inter-state relations since the onset of the Cold War, the management of the EU’s internal and external borders is taking on a completely new meaning. The open access book brings together scholars from economics, law, and political science to provide up dated assessments and policy advice on the insecurity in the neighborhood and war in Ukraine, the EU’s role in the future European security architecture,weaponized energy dependence, and the global competition on norms.

Borkowski's Law Of Succession

Presented and written in a friendly and engaging style, Dr Brian Sloan continues to update Borkowski's classic textbook which is perfectly pitched for today's undergraduate students. Considerable attention is given to the area's rich and evolving case-law, illustrating the relevance of the law to modern life; the central issues and academic debates surrounding inheritance are discussed fully. New to this edition chapter nine, Family provision, has been restructured to include Ilott v The Blue Cross and subsequent case law, an expanded section on inheritance tax and more diagrams on key concepts and processes, all presented in a clear design to aid understanding and ease navigation. igital formats and resources The fourth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - Borkowski's Law of Succession is accompanied by online resources featuring a bank of useful and relevant web links, post-publication updated to the law and a range of companion multiple choice questions on the key areas of succession law.

Borkowski's Textbook on Roman Law

Borkowski's Textbook on Roman Law is the leading contemporary textbook in the field of Roman law, and has been written with undergraduate students firmly in mind. The book provides a clear and highly engaging account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations. The book gives a comprehensive overview of both the historical context and modern relevance of Roman law today. Included are references to a wide range of scholarly texts, to ground the judicious account of Roman law firmly in contemporary scholarship. There are also examples from legal practice, as well as truncated timelines at the start of each chapter to illustrate how the law developed over time. The book contains a wealth of learning features, including chapter summaries, diagrams and maps. A major feature of the book is the inclusion of translated extracts from the most important sources of Roman law: the Digest and the Institutes of Justinian. Annotated further reading sections at the end of each chapter act as a guide to further enquiry. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources include: * Self-test questions on the key topics of Roman law give students the opportunity to test learning. These questions test factual knowledge to help consolidate understanding of key topics and they are interactive providing the correct answer to each question and a reference to the relevant part of the textbook. * Revision sheets and sample essay questions aid exam preparation. * An interactive timeline supplements the list of dates featured in the introduction to the textbook. It may also be used as a schematic guide to chapter 1 (Introduction: Rome-a historical sketch). The timeline provides a chronological overview of the development of Roman private law in its political and historical context. * Short biographies of key figures to be used in conjunction with the timeline to supplement the discussion of the jurists in chapter 2 (The sources of Roman law). * There is also a glossary of Latin terms; annotated web links; guidance on finding Roman law texts and associated literature; and tips regarding textual analysis to guide the reader in interpreting the texts.

Borkowski's Textbook on Roman Law

Borkowski's Textbook on Roman Law is the leading contemporary textbook in the field of Roman law, and has been written with undergraduate students firmly in mind. The book provides a clear and highly engaging account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations. The book gives a comprehensive overview of both the historical context and modern relevance of Roman law today. Included are references to a wide range of scholarly texts, to ground the judicious account of Roman law firmly in contemporary scholarship. There are also examples from legal practice, as well as truncated timelines at the start of each chapter to illustrate how the law developed over time. The book contains a wealth of learning features, including chapter summaries, diagrams and maps. A major feature of the book is the inclusion of translated extracts from the most important sources of Roman law: the Digest and the Institutes of Justinian. Annotated further reading sections at the end of each chapter act as a guide to further enquiry. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources include: * Self-test questions on the key topics of Roman law give students the opportunity to test learning. These questions test factual knowledge to help consolidate understanding of key topics and they are interactive providing the correct answer to each question and a reference to the relevant part of the textbook. * Revision sheets and sample essay questions aid exam preparation. * An interactive timeline supplements the list of dates featured in the introduction to the textbook. It may also be used as a schematic guide to chapter 1 (Introduction: Rome-a historical sketch). The timeline provides a chronological overview of the development of Roman private law in its political and historical context. * Short biographies of key figures to be used in conjunction with the timeline to supplement the discussion of the jurists in chapter 2 (The sources of Roman law). * There is also a glossary of Latin terms; annotated web links; guidance on finding Roman law texts and associated literature; and tips regarding textual analysis to guide the reader in interpreting the texts.

Born on Third Base: A One Percenter Makes the Case for Tackling Inequality, Bringing Wealth Home, and Committing to the Common Good

As inequality grabs headlines, steals the show in presidential debates, and drives deep divides between the haves and have nots in America, class war brews. On one side, the wealthy wield power and advantage, wittingly or not, to keep the system operating in their favor—all while retreating into enclaves that separate them further and further from the poor and working class. On the other side, those who find it increasingly difficult to keep up or get ahead lash out—waging a rhetorical war against the rich and letting anger and resentment, however justifiable, keep us from seeing new potential solutions. But can we suspend both class wars long enough to consider a new way forward? Is it really good for anyone that most of society’s wealth is pooling at the very top of the wealth ladder? Does anyone, including the one percent, really want to live in a society plagued by economic apartheid? It is time to think differently, says longtime inequality expert and activist Chuck Collins. Born into the one percent, Collins gave away his inheritance at 26 and spent the next three decades mobilizing against inequality. He uses his perspective from both sides of the divide to deliver a new narrative. Collins calls for a ceasefire and invites the wealthy to come back home, investing themselves and their wealth in struggling communities. And he asks the non-wealthy to build alliances with the one percent and others at the top of the wealth ladder. Stories told along the way explore the roots of advantage, show how taxpayers subsidize the wealthy, and reveal how charity, used incorrectly, can actually reinforce extreme inequality. Readers meet pioneers who are crossing the divide to work together in new ways, including residents in the author’s own Boston-area neighborhood who have launched some of the most interesting community transition efforts in the nation. In the end, Collins’s national and local solutions not only challenge inequality but also respond to climate change and offer an unexpected, fresh take on one of our most intransigent problems.

Born Well: Prenatal Genetics and the Future of Having Children (The International Library of Bioethics #88)

This book brings together an international collection of experts in reproductive ethics, law, disability studies, and medicine to explore the challenging future of reproduction and children. From the medical to the social and from the financial to the legal, the authors explore the expanding impact of reproductive genetics on our society. New advances in genetic technologies are revolutionizing the practice of reproductive medicine. We have expanded our ability to detect genetic changes in embryos and fetuses in ways that potentially allow to identify, treat, or prevent a growing range of diseases. The development of gene-editing technologies raises questions about the possibility of removing disease-causing variants from embryos before pregnancy implantation. The growing sophistication of prenatal genomic sequencing offers us glimpses into the whole genome of the developing fetus. And, the increasingly sophisticated science of 'gene matching' allows us greater and greater foreknowledge of how the genomes of two individuals will combine in a future child. This is an indispensable book on the newest developments in bioethics caused by the sciences.Chapter 5 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Borrowing Constitutional Designs: Constitutional Law in Weimar Germany and the French Fifth Republic

After the collapse of communism, some thirty countries scrambled to craft democratic constitutions. Surprisingly, the constitutional model they most often chose was neither the pure parliamentary model found in most of Western Europe at the time, nor the presidential model of the Americas. Rather, it was semi-presidentialism--a rare model known more generally as the "French type." This constitutional model melded elements of pure presidentialism with those of pure parliamentarism. Specifically, semi-presidentialism combined a popularly elected head of state with a head of government responsible to a legislature. Borrowing Constitutional Designs questions the hasty adoption of semi-presidentialism by new democracies. Drawing on rich case studies of two of the most important countries for European politics in the twentieth century--Weimar Germany and the French Fifth Republic--Cindy Skach offers the first theoretically focused, and historically grounded, analysis of semi-presidentialism and democracy. She demonstrates that constitutional choice matters, because under certain conditions, semi-presidentialism structures incentives that make democratic consolidation difficult or that actually contribute to democratic collapse. She offers a new theory of constitutional design, integrating insights from law and the social sciences. In doing so, Skach challenges both democratic theory and democratic practice. This book will be welcomed not only by scholars and practitioners of constitutional law but also by those in fields such as comparative politics, European politics and history, and international and public affairs.

Borrowing Constitutional Designs: Constitutional Law in Weimar Germany and the French Fifth Republic (PDF)

After the collapse of communism, some thirty countries scrambled to craft democratic constitutions. Surprisingly, the constitutional model they most often chose was neither the pure parliamentary model found in most of Western Europe at the time, nor the presidential model of the Americas. Rather, it was semi-presidentialism--a rare model known more generally as the "French type." This constitutional model melded elements of pure presidentialism with those of pure parliamentarism. Specifically, semi-presidentialism combined a popularly elected head of state with a head of government responsible to a legislature. Borrowing Constitutional Designs questions the hasty adoption of semi-presidentialism by new democracies. Drawing on rich case studies of two of the most important countries for European politics in the twentieth century--Weimar Germany and the French Fifth Republic--Cindy Skach offers the first theoretically focused, and historically grounded, analysis of semi-presidentialism and democracy. She demonstrates that constitutional choice matters, because under certain conditions, semi-presidentialism structures incentives that make democratic consolidation difficult or that actually contribute to democratic collapse. She offers a new theory of constitutional design, integrating insights from law and the social sciences. In doing so, Skach challenges both democratic theory and democratic practice. This book will be welcomed not only by scholars and practitioners of constitutional law but also by those in fields such as comparative politics, European politics and history, and international and public affairs.

Borrowing Justification for Proportionality: On the Influence of the Principles Theory in Brazil (Ius Gentium: Comparative Perspectives on Law and Justice #72)

The proportionality test, as proposed in Robert Alexy’s principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question “are courts justified in borrowing proportionality?” has not been expressly put in many countries where judicial borrowings are a reality. This book sheds light on this question and examines the circumstances under which courts are authorized to borrow from alien legal sources to rule on constitutional cases.Taking the Supreme Federal Court of Brazil – and its enthusiastic recourse to proportionality when interpreting the Federal Constitution – as a case study, the book investigates the normative reasons that could justify the court’s attitude and offers a comprehensive overview of its case law on controversial constitutional matters like abortion, same-sex union, racial quotas, and the right to public healthcare.Providing a valuable resource for those interested in comparative constitutional law and legal theory, or curious about Brazilian constitutional law, this book questions the alleged universality of the proportionality test, challenges the premises of Alexy’s principles theory, and discloses more than 68 Brazilian Supreme Court decisions delivered from 2003 to 2018 that would otherwise have remained unknown to an English-speaking audience.

Bosnian Genocide: The Essential Reference Guide

Providing an indispensable resource for students and policy makers investigating the Bosnian catastrophes of the 1990s, this book provides a comprehensive survey of the leaders, ideas, movements, and events pertaining to one of the most devastating conflicts of contemporary times.In the three years of the Bosnian War, well over 100,000 people lost their lives, amid intense carnage. This led to unprecedented criminal prosecutions for genocide, war crimes, and crimes against humanity that are still taking place today. Bosnian Genocide: The Essential Reference Guide is the first encyclopedic treatment of the Balkan conflicts of the period from 1991 to 1999. It provides broad coverage of the nearly decade-long conflict, but with a major focus on the Bosnian War of 1992–1995. The book examines a variety of perspectives of the conflicts relating to Slovenia, Croatia, Bosnia-Herzegovina, Serbia, and Kosovo, among other developments that took place during the years spotlighted. The entries consider not only the leaders, ideas, movements, and events relating to the Bosnian War of 1992–1995 but also examine themes from before the war and after it. As such, coverage continues through to the Kosovo Intervention of 1999, arguing that this event, too, was part of the conflict that purportedly ended in 1995. This work will serve university students undertaking the study of genocide in the modern world and readers interested in modern wars, international crisis management, and peacekeeping and peacemaking.

Bosnian Genocide: The Essential Reference Guide

Providing an indispensable resource for students and policy makers investigating the Bosnian catastrophes of the 1990s, this book provides a comprehensive survey of the leaders, ideas, movements, and events pertaining to one of the most devastating conflicts of contemporary times.In the three years of the Bosnian War, well over 100,000 people lost their lives, amid intense carnage. This led to unprecedented criminal prosecutions for genocide, war crimes, and crimes against humanity that are still taking place today. Bosnian Genocide: The Essential Reference Guide is the first encyclopedic treatment of the Balkan conflicts of the period from 1991 to 1999. It provides broad coverage of the nearly decade-long conflict, but with a major focus on the Bosnian War of 1992–1995. The book examines a variety of perspectives of the conflicts relating to Slovenia, Croatia, Bosnia-Herzegovina, Serbia, and Kosovo, among other developments that took place during the years spotlighted. The entries consider not only the leaders, ideas, movements, and events relating to the Bosnian War of 1992–1995 but also examine themes from before the war and after it. As such, coverage continues through to the Kosovo Intervention of 1999, arguing that this event, too, was part of the conflict that purportedly ended in 1995. This work will serve university students undertaking the study of genocide in the modern world and readers interested in modern wars, international crisis management, and peacekeeping and peacemaking.

Boss Man (Mills And Boon M&b Ser.)

HE HAD A REPUTATION TO UPHOLD Hotheaded lawyer Blake Kemp didn't want the tender ministrations of his assistant to get in his way. But he only had to lose his temper once before pretty Violet left him in a cloud of Texas dust.

Bottlenecks: A New Theory Of Equal Opportunity

Bottlenecks: A New Theory of Equal Opportunity

Equal opportunity is a powerful idea, and one with extremely broad appeal in contemporary politics, political theory, and law. But what does it mean? On close examination, the most attractive existing conceptions of equal opportunity turn out to be impossible to achieve in practice, or even in theory. As long as families are free to raise their children differently, no two people's opportunities will be equal; nor is it possible to disentangle someone's abilities or talents from her background advantages and disadvantages. Moreover, given different abilities and disabilities, different people need different opportunities, confounding most ways of imagining what counts as "equal." This book proposes an entirely new way of thinking about the project of equal opportunity. Instead of focusing on the chimera of literal equalization, we ought to work to broaden the range of opportunities open to people at every stage in life. We can achieve this in part by loosening the bottlenecks that constrain access to opportunities-the narrow places through which people must pass in order to pursue many life paths that open out on the other side. A bottleneck might be a test like the SAT, a credential requirement like a college degree, or a skill like speaking English. It might be membership in a favored caste or racial group. Bottlenecks are part of the opportunity structure of every society. But their severity varies. By loosening them, we can build a more open and pluralistic opportunity structure in which people have more of a chance, throughout their lives, to pursue paths they choose for themselves-rather than those dictated by limited opportunities. This book develops this idea and other elements of opportunity pluralism, then applies this approach to several contemporary egalitarian policy problems: class and access to education, workplace flexibility and work/family conflict, and antidiscrimination law.

Bottom-Up Politics: An Agency-Centred Approach to Globalization

Adopting a people-centred perspective to globalization, the authors explore complex, counterintuitive and even unintended forms and consequences of bottom-up politics, going beyond simplistic understandings of ordinary people as either victims or beneficiaries of globalization.

Bottom-up Responses to Crisis (Mercatus Studies in Political and Social Economy)

Crises occur in all societies across world, and can be natural (such as hurricanes, flooding, and earthquakes), man-made (such as wars and economic downturns), or, often, a combination of both (such as famines, the flooding of New Orleans in 2005 after Hurricane Katrina and subsequent levy failures, and the earthquake, tsunami, and nuclear disaster in Japan in 2011). Crises cause fatalities, injuries, and property damages as well as introduce uncertainty and challenges for individuals, societies, and polities. Yet, we see individuals and communities rebounding effectively from crises all the time. How do communities go about returning to normalcy and beginning again the mundane life of every day affairs? This edited volume looks at bottom-up responses to crises. The chapters in this volume will highlight the ingenuity and persistence of individuals and private organizations as well as discuss the possibilities, limitations, and adaptability of bottom-up responses. It argues that there are many ways that local leaders, entrepreneurs, and community members can play a role in their own recovery by examining the capabilities, feedback mechanisms, and network effects of decentralized crisis response and recovery efforts. Chapters will focus on the role of local emergency managers in the disaster management process and offer suggestions for reform and the role of businesses, citizens, and children in providing crisis response and recovery. This book will also consider theories of self-governance and nonviolent action in encouraging and sustaining bottom-up recovery.

Bound by Convention: Obligation and Social Rules

How should we assess the social structures that govern human conduct and settle whether we are bound by their rules? One approach is to ask whether those social arrangements (e.g. our family structures) reflect pre-conventional facts about our nature. If they do, compliance will serve our interests because these rules are not just conventions. Another approach is to ask whether following a convention has desirable consequences. For example, the rule which makes the dollar bill legal tender is a convention and the great usefulness of having a medium of exchange ensures that we should follow that convention by accepting paper money in return for things of real value. This work argues that being bound by a convention can also be valuable for its own sake. People need meaning in their lives and conventions infuse acts and attitudes with normative significance, rendering them right or wrong, appropriate or inappropriate, required or forbidden. Such rules bind us not just in virtue of their usefulness but also because their absence would impoverish our social world. Appreciating this point is essential to a proper understanding of our cultures of neighbourliness and hospitality, family structures, systems of property rights, conventions around speech, the norms governing how we deport ourselves in public, and even the rules of a game.

Bound by Convention: Obligation and Social Rules

How should we assess the social structures that govern human conduct and settle whether we are bound by their rules? One approach is to ask whether those social arrangements (e.g. our family structures) reflect pre-conventional facts about our nature. If they do, compliance will serve our interests because these rules are not just conventions. Another approach is to ask whether following a convention has desirable consequences. For example, the rule which makes the dollar bill legal tender is a convention and the great usefulness of having a medium of exchange ensures that we should follow that convention by accepting paper money in return for things of real value. This work argues that being bound by a convention can also be valuable for its own sake. People need meaning in their lives and conventions infuse acts and attitudes with normative significance, rendering them right or wrong, appropriate or inappropriate, required or forbidden. Such rules bind us not just in virtue of their usefulness but also because their absence would impoverish our social world. Appreciating this point is essential to a proper understanding of our cultures of neighbourliness and hospitality, family structures, systems of property rights, conventions around speech, the norms governing how we deport ourselves in public, and even the rules of a game.

Bound by Our Constitution: Women, Workers, and the Minimum Wage (PDF)

What difference does a written constitution make to public policy? How have women workers fared in a nation bound by constitutional principles, compared with those not covered by formal, written guarantees of fair procedure or equitable outcome? To investigate these questions, Vivien Hart traces the evolution of minimum wage policies in the United States and Britain from their common origins in women's politics around 1900 to their divergent outcomes in our day. She argues, contrary to common wisdom, that the advantage has been with the American constitutional system rather than the British.Basing her analysis on primary research, Hart reconstructs legal strategies and policy decisions that revolved around the recognition of women as workers and the public definition of gender roles. Contrasting seismic shifts and expansion in American minimum wage policy with indifference and eventual abolition in Britain, she challenges preconceptions about the constraints of American constitutionalism versus British flexibility. Though constitutional requirements did block and frustrate women's attempts to gain fair wages, they also, as Hart demonstrates, created a terrain in the United States for principled debate about women, work, and the state--and a momentum for public policy--unparalleled in Britain. Hart's book should be of interest to policy, labor, women's, and legal historians, to political scientists, and to students of gender issues, law, and social policy.

Bound by Our Constitution: Women, Workers, and the Minimum Wage (Princeton Studies in American Politics: Historical, International, and Comparative Perspectives #40)

What difference does a written constitution make to public policy? How have women workers fared in a nation bound by constitutional principles, compared with those not covered by formal, written guarantees of fair procedure or equitable outcome? To investigate these questions, Vivien Hart traces the evolution of minimum wage policies in the United States and Britain from their common origins in women's politics around 1900 to their divergent outcomes in our day. She argues, contrary to common wisdom, that the advantage has been with the American constitutional system rather than the British.Basing her analysis on primary research, Hart reconstructs legal strategies and policy decisions that revolved around the recognition of women as workers and the public definition of gender roles. Contrasting seismic shifts and expansion in American minimum wage policy with indifference and eventual abolition in Britain, she challenges preconceptions about the constraints of American constitutionalism versus British flexibility. Though constitutional requirements did block and frustrate women's attempts to gain fair wages, they also, as Hart demonstrates, created a terrain in the United States for principled debate about women, work, and the state--and a momentum for public policy--unparalleled in Britain. Hart's book should be of interest to policy, labor, women's, and legal historians, to political scientists, and to students of gender issues, law, and social policy.

Bound by Our Constitution: Women, Workers, and the Minimum Wage (Princeton Studies in American Politics: Historical, International, and Comparative Perspectives #40)

What difference does a written constitution make to public policy? How have women workers fared in a nation bound by constitutional principles, compared with those not covered by formal, written guarantees of fair procedure or equitable outcome? To investigate these questions, Vivien Hart traces the evolution of minimum wage policies in the United States and Britain from their common origins in women's politics around 1900 to their divergent outcomes in our day. She argues, contrary to common wisdom, that the advantage has been with the American constitutional system rather than the British.Basing her analysis on primary research, Hart reconstructs legal strategies and policy decisions that revolved around the recognition of women as workers and the public definition of gender roles. Contrasting seismic shifts and expansion in American minimum wage policy with indifference and eventual abolition in Britain, she challenges preconceptions about the constraints of American constitutionalism versus British flexibility. Though constitutional requirements did block and frustrate women's attempts to gain fair wages, they also, as Hart demonstrates, created a terrain in the United States for principled debate about women, work, and the state--and a momentum for public policy--unparalleled in Britain. Hart's book should be of interest to policy, labor, women's, and legal historians, to political scientists, and to students of gender issues, law, and social policy.

Boundaries and Frontiers of Labour Law: Goals and Means in the Regulation of Work (Studies In International Trade Law Ser.)

Labour law has always been preoccupied with boundaries. One can either be an 'employee' or not, an 'employer' or not, and the answer dictates who comes within the scope of labour law, for better or worse. But such divisions have always been difficult, and in recent years their shortcomings have become ever more pronounced. The proliferation of new work arrangements and heightened global competition have exposed a world-wide crisis in the regulation of work. It is therefore timely to re-assess the idea of labour law, and the concepts, in particular the age-old distinctions - that are used to delimit the field. This collection of essays, by leading experts from around the world, explores the frontiers of our understanding of labour law itself. Contributors: Harry Arthurs, Paul Benjamin, Hugh Collins, Guy Davidov, Paul Davies, Simon Deakin, Mark Freedland, Judy Fudge, Adrin Goldin, Alan Hyde, Jean-Claude Javillier, Csilla Kollonay Lehoczky, Brian Langille, Enriqué Marin, Kamala Sankaran, Silvana Sciarra, Katherine Stone and Anne Trebilcock.