A close look at innovations in policing and the law that should govern them A host of technologies—among them digital cameras, drones, facial recognition devices, night-vision binoculars, automated license plate readers, GPS, geofencing, DNA matching, datamining, and artificial intelligence—have enabled police to carry out much of their work without leaving the office or squad car, in ways that do not easily fit the traditional physical search and seizure model envisioned by the framers of the Constitution. Virtual Searches develops a useful typology for sorting through this bewildering array of old, new, and soon-to-arrive policing techniques. It then lays out a framework for regulating their use that expands the Fourth Amendment’s privacy protections without blindly imposing its warrant requirement, and that prioritizes democratic over judicial policymaking. The coherent regulatory regime developed in Virtual Searches ensures that police are held accountable for their use of technology without denying them the increased efficiency it provides in their efforts to protect the public. Whether policing agencies are pursuing an identified suspect, constructing profiles of likely perpetrators, trying to find matches with crime scene evidence, collecting data to help with these tasks, or using private companies to do so, Virtual Searches provides a template for ensuring their actions are constitutionally legitimate and responsive to the polity.
Автор: Igor Judge Название: The Safest Shield: Lectures, Speeches and Essays ISBN: 1509901892 ISBN-13(EAN): 9781509901890 Издательство: Bloomsbury Academic Рейтинг: Цена: 8712.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This selection of lectures, speeches, and essays by England's Lord Judge, nearly all written when he was Lord Chief Justice, brings together his analysis of a wide range of important topics which underpin the administration of justice and the rule of law. Apart from a few personal reflections, the discussion includes the development of the Constitution and matters of continuing constitutional uncertainty, with observations about different aspects of the court process and the discharge of judicial responsibilities. Based on Lord Judge's experience in the law and a deep interest in legal history, the book offers sometimes uncomfortable, sometimes amusing but always stimulating reading, and it will provoke a thoughtful reflection on and a better understanding of the arrangements by which the citizens are governed and the practical application of the rule of law. Subject: Constitutional Law, Administrative Law, Criminal Law, Legal History]
Автор: Jan Crijns, Matthias Haentjens, Rijnhard Haentjens Название: The Enforcement of EU Financial Law ISBN: 1509959742 ISBN-13(EAN): 9781509959747 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book focuses on the enforcement of EU financial law on the national and supra-national levels. Emphasis is laid on the interaction between the EU and national levels (vertical interaction), as well as between the private, administrative, and criminal law levels (horizontal interaction). The book takes a multi-jurisdiction and inter-disciplinary approach and covers a range of issues that are highly topical, such as the new EU Anti-Money Laundering regime, and the ReNEUAL model for administrative law.
Over the last few decades, EU financial law has grown exponentially. Virtually all these new rules and regulations require enforcement. However, the EU legislator generally has been reluctant to regulate enforcement at the national level, and often does not prescribe whether enforcement should take place through national criminal, administrative, or private law. This results in both practical and fundamental questions for the legal practitioner and the academic. This book addresses those questions.
With contributions by leading academics and senior members of EU and national institutions, the book will be of interest to professionals dealing with financial law in their daily practice such as lawyers, bankers, policy makers, officers at supervisory authorities, and judges, but also for academics interested in fundamental questions of interaction between legal systems.
Автор: Petersen Niels Название: Proportionality and Judicial Activism ISBN: 131663082X ISBN-13(EAN): 9781316630822 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book analyses the predominant tool of fundamental rights review in the world - the proportionality test. An empirical and comparative analysis of courts in Canada, Germany and South Africa, it shows that courts avoid using proportionality as a means to make policy through legal decision making.
Автор: Robert T. Miller, Ronald B. Flowers Название: Toward Benevolent Neutrality: Church, State, and the Supreme Court ISBN: 1481314572 ISBN-13(EAN): 9781481314572 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 15047.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In this two volume set, Toward Benevolent Neutrality presents the text of virtually every significant Supreme Court decision concerning religious freedom and separation of church and state. Also included are essays interpreting the historical background and legal issues involved in each case, beginning with the principal events leading to the adoption of the First Amendment.
Автор: Shona Wilson Stark Название: The Work of the British Law Commissions: Law Reform... Now? ISBN: 1509934642 ISBN-13(EAN): 9781509934645 Издательство: Bloomsbury Academic Рейтинг: Цена: 7126.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The Law Commission (of England and Wales) and the Scottish Law Commission were both established in 1965 to promote the reform of the laws of their respective jurisdictions. Since then, they have each produced hundreds of reports across many areas of law. They are independent of government yet rely on governmental funding and governmental approval of their proposed projects. They also rely on both government and Parliament (and, occasionally, the courts or other bodies) to implement their proposals. This book examines the tension between independence and implementation and recommends how a balance can best be struck. It proposes how the Commissions should choose their projects given that their duties outweigh their resources, and how we should assess the success, or otherwise, of their output. Countries around the world have created law reform bodies in the Commissions’ image. They may wish to reflect on the GB Commissions’ responses to the changes and challenges they have faced to reappraise their own law reform machinery. Equally, the GB Commissions may seek inspiration from other commissions’ experiences. The world the GB Commissions inhabit now is very different from when they were established. They have evolved to remain relevant in the face of devolution, the UK’s changing relationship with the European Union, increasing pressure for accountability and decreasing funding. Further changes to secure the future of independent law reform are advanced in this book.
Автор: Jakab Andrбs Название: Comparative Constitutional Reasoning ISBN: 1107449766 ISBN-13(EAN): 9781107449763 Издательство: Cambridge Academ Рейтинг: Цена: 7762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Examining reasoning practices of constitutional judges across eighteen legal systems globally, this book focuses on leading cases in order to compare processes, using a combination of qualitative and quantitative analysis. Contributors offer the most comprehensive and systematic account of constitutional reasoning to date, in the first ever study of this scale.
Автор: Colton Fehr Название: Constitutionalizing Criminal Law ISBN: 0774867663 ISBN-13(EAN): 9780774867665 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 11280.00 р. Наличие на складе: Поставка под заказ.
Описание:
Constitutionalizing Criminal Law calls for an overhaul of the way the Supreme Court has developed the relationship between criminal and constitutional law. The court has relied heavily on its power to constitutionalize principles of “fundamental justice” under section 7 of the Charter. In so doing, it employs both principles of criminal law theory and instrumental rationality. The court less frequently invokes enumerated Charter rights when striking down criminal laws. This book persuasively argues that the court should abandon the use of instrumental rationality and constitutionalize principles of criminal law theory only when an unjust criminal law cannot be struck down using an enumerated right.
Описание: Reconstructing Rights will appeal to several audiences because of its deliberative-partnership thesis, including public law scholars for its social-scientific approach to the study of legal doctrine; legal scholars because it challenges broadly held commitments to judicial supremacy; and area-specialists for its cross-national investigation of equality rights.
Автор: Ferreres Comella, Victor (universitat Pompeu Fabra, Barcelona) Название: Constitution of arbitration ISBN: 1108822827 ISBN-13(EAN): 9781108822824 Издательство: Cambridge Academ Рейтинг: Цена: 3642.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This non-technical introduction to the most important types of arbitration is especially useful for students of law, offering an original argument on the constitutional grounding of arbitration. The book also adds to debates on the dangers of using arbitration in certain fields, including those involving consumers, employees, and foreign investors.
Автор: Stohler, Stephan (state University Of New York, Albany) Название: Comparative constitutional law and policy ISBN: 1108493181 ISBN-13(EAN): 9781108493185 Издательство: Cambridge Academ Рейтинг: Цена: 16474.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Reconstructing Rights will appeal to several audiences because of its deliberative-partnership thesis, including public law scholars for its social-scientific approach to the study of legal doctrine; legal scholars because it challenges broadly held commitments to judicial supremacy; and area-specialists for its cross-national investigation of equality rights.
Автор: Peter Charles Hoffer, Williamjames Hull Hoffer, N.E.H. Hull Название: The Supreme Court: An Essential History ISBN: 0700626816 ISBN-13(EAN): 9780700626816 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 8526.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: For more than two centuries, the U.S. Supreme Court has provided a battleground for nearly every controversial issue in our nation’s history. Now a veteran team of talented historians—including the editors of the acclaimed Landmark Law Cases and American Society series—have updated the most readable, astute single-volume history of this venerated institution with a new chapter on the Roberts Court.The Supreme Court chronicles an institution that dramatically evolved from six men meeting in borrowed quarters to the most closely watched tribunal in the world. Underscoring the close connection between law and politics, the authors highlight essential issues, cases, and decisions within the context of the times in which the decisions were handed down. Deftly combining doctrine and judicial biography with case law, they demonstrate how the justices have shaped the law and how the law that the Court makes has shaped our nation, with an emphasis on how the Court responded—or failed to respond—to the plight of the underdog. Each chapter covers the Court’s years under a specific Chief Justice, focusing on cases that are the most reflective of the way the Court saw the law and the world and that had the most impact on the lives of ordinary Americans. Throughout the authors reveal how—in times of war, class strife, or moral revolution—the Court sometimes voiced the conscience of the nation and sometimes seemed to lose its moral compass. Their extensive quotes from the Court’s opinions and dissents illuminate its inner workings, as well as the personalities and beliefs of the justices and the often-contentious relationships among them.Fair-minded and sharply insightful, The Supreme Court portrays an institution defined by eloquent and pedestrian decisions and by justices ranging from brilliant and wise to slow-witted and expedient. An epic and essential story, it illuminates the Court’s role in our lives and its place in our history in a manner as engaging for general readers as it is rigorous for scholars.
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