Law

This title from the De Gruyter Book Archive has been digitized in order to make it available for academic research. It was originally published under National Socialism and has to be viewed in this historical context. Learn more here.

Der Netzausbau bleibt ein Schlüsselprojekt und das Nadelöhr der Energiewende. Nur mit der Realisierung von Höchstspannungsleitungen – und hier insbesondere der großen Nord-Süd-Verbindungen – wird die Integration Erneuerbarer Energien in das deutsche Energiesystem und eine preisgünstige, sichere Energieversorgung zu gewährleisten sein. Netzausbau ist und bleibt ein Thema, das die Öffentlichkeit stark bewegt.

Unter Berücksichtigung der neuen Vorschriften zum Energieleitungsausbau, insbesondere der Ergänzungen im Netzausbaubeschleunigungsgesetz (NABEG), im Energiewirtschaftsgesetz (EnwG) und im Windenergie-auf-See-Gesetz (WindSeeG).

Die Neuauflage berücksichtigt die Fortentwicklung der gesetzlichen Rahmenbedingungen für den Netzausbau, die bisherigen praktischen Erfahrungen und die lebhafte wissenschaftliche Diskussion.

This title from the De Gruyter Book Archive has been digitized in order to make it available for academic research. It was originally published under National Socialism and has to be viewed in this historical context. Learn more here.

This title from the De Gruyter Book Archive has been digitized in order to make it available for academic research. It was originally published under National Socialism and has to be viewed in this historical context. Learn more here.

Available Open Access digitally under CC-BY-NC-ND licence.

This book provides an in-depth sociolegal examination of adult social care law and policy during the COVID-19 pandemic. It explores the tensions between legislation, policy, and practice in what was already an under-resourced and overstretched sector.

The authors interrogate the vision and utility of the Care Act 2014 and explore the impact of emergency legislation and operational changes implemented during the pandemic. Detailing what happened to social care provision during this time of intense stress and turbulence – for people who draw on services, for informal carers, and for those who work in the sector – the book highlights fault lines in the system.

This is an invaluable resource offering timely lessons for adult social care reform and future pandemic preparedness planning.

The pandemic has significantly impacted people's engagement with the administrative justice system (AJS). As we navigate the post-pandemic era, the siloed landscape of tribunals, ombuds, advice services and NGOs face the challenge of maintaining trust in the justice system's fairness, efficacy and inclusivity.

Examining the journeys individuals undertake to seek justice in housing and special educational needs and disabilities (SEND), this book sheds light on how these institutions adapted to remote service provision.

Written by key names in the field, this important contribution uncovers valuable insights for digitalization efforts and offers concrete recommendations for improving pathways to justice.

Governing Security investigates the surprising history of two major federal agencies that touch the lives of Americans every day: the Roosevelt-era Federal Security Agency––which eventually became today's Department of Health and Human Services––and the more recently created Department of Homeland Security. By describing the legal, political, and institutional history of both organizations, Mariano-Florentino Cuéllar offers a compelling account of crucial developments affecting the basic architecture of our nation. He shows how Americans end up choosing security goals not through an elaborate technical process, but in lively and overlapping settings involving conflict over statutory programs, agency autonomy, presidential power, and priorities for domestic and international risk regulation. Ultimately, as Cuéllar shows, ongoing fights about the scope of national security reshape the very structure of government and the intricate process through which statutes and regulations are implemented, particularly during––or in anticipation of––a national crisis.

This pioneering volume shows that contrary to previous scholarly understanding, the courts in Qing (1644-1911) and Republican (1911-1949) China dealt extensively with civil matters such as land rights, debt, marriage, and inheritance; and, moreover, did so in a consistent and predictable way. Drawing on records of hundreds of cases from local archives in several parts of China, it considers such questions as the relation between codified law and legal practice, the role of legal and paralegal personnel, and the continuity in civil law between Qing and Republican China.

Although there are legal norms to secure the uniform treatment of asylum claims in the United States, anecdotal and empirical evidence suggest that strategic and economic interests also influence asylum outcomes. Previous research has demonstrated considerable variation in how immigration judges decide seemingly similar cases, which implies a host of legal concerns—not the least of which is whether judicial bias is more determinative of the decision to admit those fleeing persecution to the United States than is the merit of the claim. These disparities also raise important policy considerations about how to fix what many perceive to be a broken adjudication system.

With theoretical sophistication and empirical rigor, Immigration Judges and U.S. Asylum Policy investigates more than 500,000 asylum cases that were decided by U.S. immigration judges between 1990 and 2010. The authors find that judges treat certain facts about an asylum applicant more objectively than others: facts determined to be legally relevant tend to be treated similarly by judges of different political ideologies, while facts considered extralegal are treated subjectively. Furthermore, the authors examine how local economic and political conditions as well as congressional reforms have affected outcomes in asylum cases, concluding with a series of policy recommendations aimed at improving the quality of immigration law decision making rather than trying to reduce disparities between decision makers.

In recent years, failures in health and social care, mental health services, public housing and education have dominated headlines and been the subject of much public debate. The means for addressing such concerns remain notably legalistic and subject to a particular brand of liberal legalism that stifles the possibility of transformational intervention.

This book argues that there is urgent need for a radical reassessment of the way the law mediates between citizens and the state. Drawing on historical and comparative research, literary, pictorial and cinematic treatments, and the insights of the disability rights movement, Nick O’Brien examines how the everyday regulation of street-level bureaucracy can play an integral part in reimagining postliberal politics and the role of the law.

Emord traces the intellectual origins of Authoritarianism to its Hegelian roots in Germany. He shows how legions of academics, trained to hate the American system of government, became predominant in the major universities of America, entered government as top advisors, and successfully orchestrated an overthrow of the Constitution’s limits on power which put the rights of individuals in jeopardy from the Progressive Era through the New Deal to today. In The Authoritarians, readers learn how Authoritarians endorsed forced sterilization of 60,000 American citizens whom they deemed “undesirable” and “unfit”. Readers also learn how Authoritarians selectively created monopolies and overcame the constitutional limits on government power the Founding Fathers put in the Constitution to prevent tyranny, thus ushering in the foundation for a socialist state.

In The Authoritarians, Emord reveals the lies told by advocates of the Black Lives Matter organization, Antifa, and the 1619 Project. He presents the startling fact that the first slaves in the Jamestown Colony in 1619 were not blacks, but whites and that in the antebellum South slave owners were not only white, but black. Readers also learn the inherent failings of socialism; the tremendous cost it imposes on human lives; and the grave threat to the survival and success of liberty and justice in America posed by Authoritarians such as Alexandria Ocasio-Cortez, Bernie Sanders, Nancy Pelosi, Chuck Schumer, Ed Markey, Joe Biden, and Kamala Harris. The Authoritarians unveils a detailed strategy for restoring constitutional protection for individual rights and fending off the horrors of a socialist tidal wave now drenching America.

Emord traces the intellectual origins of Authoritarianism to its Hegelian roots in Germany. He shows how legions of academics, trained to hate the American system of government, became predominant in the major universities of America, entered government as top advisors, and successfully orchestrated an overthrow of the Constitution’s limits on power which put the rights of individuals in jeopardy from the Progressive Era through the New Deal to today. In The Authoritarians, readers learn how Authoritarians endorsed forced sterilization of 60,000 American citizens whom they deemed “undesirable” and “unfit”. Readers also learn how Authoritarians selectively created monopolies and overcame the constitutional limits on government power the Founding Fathers put in the Constitution to prevent tyranny, thus ushering in the foundation for a socialist state.

In The Authoritarians, Emord reveals the lies told by advocates of the Black Lives Matter organization, Antifa, and the 1619 Project. He presents the startling fact that the first slaves in the Jamestown Colony in 1619 were not blacks, but whites and that in the antebellum South slave owners were not only white, but black. Readers also learn the inherent failings of socialism; the tremendous cost it imposes on human lives; and the grave threat to the survival and success of liberty and justice in America posed by Authoritarians such as Alexandria Ocasio-Cortez, Bernie Sanders, Nancy Pelosi, Chuck Schumer, Ed Markey, Joe Biden, and Kamala Harris. The Authoritarians unveils a detailed strategy for restoring constitutional protection for individual rights and fending off the horrors of a socialist tidal wave now drenching America.

Administrative Law: The Informal Process provides an in-depth exploration of the evolution and functions of administrative agencies within the American legal and governmental systems. Addressing the critical role of agencies in rule-making and adjudication, this work examines the constitutional challenges and democratic implications posed by the rise of what has often been referred to as the "fourth branch of government." While traditional separation of powers was intended to keep legislative, executive, and judicial functions distinct, administrative agencies have blurred these boundaries by combining rule-making and adjudicative functions within a single institution. This book investigates how the adjudicative processes of these agencies, particularly in the form of informal adjudication, significantly influence the lives of individuals and the development of public policy.

Focusing on the adjudicative functions of agencies like the Interstate Commerce Commission (ICC), Federal Communications Commission (FCC), and National Labor Relations Board (NLRB), Administrative Law provides a critical analysis of the procedural dynamics that give shape to administrative rulings. It emphasizes the pragmatic need for expertise, speed, and public policy adherence, which often lead to informal adjudicative practices over formal proceedings. By examining specific agencies in detail, this work constructs a nuanced portrait of the administrative process, offering insights into the legal standards and adversarial contexts that define administrative adjudication today. This volume is essential reading for students and scholars interested in understanding the mechanisms through which administrative agencies shape both law and daily life in modern governance.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1974.

Administrative Law: The Informal Process provides an in-depth exploration of the evolution and functions of administrative agencies within the American legal and governmental systems. Addressing the critical role of agencies in rule-making and adjudication, this work examines the constitutional challenges and democratic implications posed by the rise of what has often been referred to as the "fourth branch of government." While traditional separation of powers was intended to keep legislative, executive, and judicial functions distinct, administrative agencies have blurred these boundaries by combining rule-making and adjudicative functions within a single institution. This book investigates how the adjudicative processes of these agencies, particularly in the form of informal adjudication, significantly influence the lives of individuals and the development of public policy.

Focusing on the adjudicative functions of agencies like the Interstate Commerce Commission (ICC), Federal Communications Commission (FCC), and National Labor Relations Board (NLRB), Administrative Law provides a critical analysis of the procedural dynamics that give shape to administrative rulings. It emphasizes the pragmatic need for expertise, speed, and public policy adherence, which often lead to informal adjudicative practices over formal proceedings. By examining specific agencies in detail, this work constructs a nuanced portrait of the administrative process, offering insights into the legal standards and adversarial contexts that define administrative adjudication today. This volume is essential reading for students and scholars interested in understanding the mechanisms through which administrative agencies shape both law and daily life in modern governance.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1974.