The European Union has existed for over half a century. Having started as the 'Europe of the Six' in a specific industrial sector, the Union today has twenty-seven Member States and acts within almost all areas of social life. The Union's constitutional structures have evolved in parallel with this immense growth. Born as an international organisation, the Union has developed into a constitutional Union of States. This textbook analyses the constitutional law of the European Union after Lisbon in a clear and structured way. Examining the EU through a classic constitutional perspective, it explores all the central themes of the course: from the history and structure of the Union, the powers and procedures of its branches of government, to the rights and remedies of European citizens. A clear three-part structure and numerous illustrations will facilitate understanding. Critical and comprehensive, this is required reading for all students of European constitutional law.

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European Constitutional Law

Although charitable, educational, and religious organizations are thousands of years old (for example, the Roman Catholic church) and some in the United States (for example, Harvard College) were founded in colonial times, the concept of ‘‘nonprofit organizations’’ as a unified and coherent ‘‘sector’’ dates back only to the 1970s. In fact, over 90 percent of nonprofit organizations currently in existence were created since 1950. Worldwide, most nongovernmental organizations (or NGOs, as they are called outside the United States) have come into being in the past thirty years. Nonprofits and NGOs are the most rapidly growing organizational domain in the world. It is difficult to define what nonprofit organizations are, what they do, and how they do it. They vary enormously in scope and scale, ranging from informal grassroots organizations with no assets and no employees to multi-billiondollar foundations, universities, religious bodies, and health care complexes with thousands of employees or members. Although some provide traditional charitable, educational, and religious services, the laws in many countries, including the United States, permit them to provide almost any kind of good or service on a not-for-profit basis. Sources of revenue vary: some are supported by donations, others depend on income from sales of goods and services, many receive most or all of their revenues from government. Modes of governance range from the autocracy of sole trustees selected from among the descendants of

Historical Perspectives on Nonprofit Organizations in the United States

In colonial America, land acquired new liquidity when it became liable for debts. Though English property law maintained a firm distinction between land and chattel for centuries, in the American colonies, the boundary between the categories of real and personal property began to disintegrate. There, the novelty of easy foreclosure and consequent easy alienation of land made it possible for colonists to obtain credit, using land as a security. However, scholars have neglected the first instances in which a newly unconstrained practice of mortgage foreclosure appeared—the transactions through which colonists acquired land from indigenous people in the first place. In this article, I explore these early transactions for land, which took place across fundamental differences between colonists’ and native communities’ conceptions of money, land, and exchange itself. I describe how difference and dependence propelled the growth of the early American contact economy to make land into real estate, or the fungible commodity on the speculative market that it remains today.

Money, Mortgages, and the Conquest of America

Derecho indiano, Spanish colonial law, has been a vigorous subdiscipline of legal history since the early 20th century. In 1997, in his Nuevos horizontes en el estudio historico del derecho indiano, Argentinian legal historian Victor Tau Anzoategui considers some hitherto neglected perspectives. What has been achieved since then? What issues are being dealt with today? In this volume, scholars from different parts of the Western world address several of the current challenges confronting derecho indiano.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID3540155_code2139335.pdf?abstractid=2701721&mirid=1

Introduction: New Horizons of Derecho Indiano

The Textuality Of The Constitution And The Origins Of Original Intent

Americanization of the Common Law: The Impact of Legal Change on Massachusetts Society 1760-1830

We take for granted today the tremendous power of the Supreme Court to interpret our laws and overrule any found in conflict with the Constitution. Yet our nation was a quarter-century old before that power of "judicial review" was fully articulated by the Court itself in "Marbury v. Madison" (1803). William Nelson's concise study of that landmark case provides an insightful and readable guide for students and general readers alike. On the surface, the case itself seems a minor one at best. William Marbury, a last-minute judicial appointee of outgoing Federalist president John Adams, demanded redress from the Supreme Court when his commission was not delivered. But Chief Justice John Marshall could clearly see the danger his demand posed for a weak court filled with Federalist judges. Wary of the Court's standing with the new Republican administration of Thomas Jefferson, Marshall hit upon a solution that was both principled and pragmatic. He determined that while Marbury was justified in his suit, the law on which his claim was based was in conflict with the Constitution. It was the first time that the Court struck down an act of Congress as unconstitutional, thus establishing the doctrine of judicial review, which designates the Court as chief interpreter of the Constitution. Nelson relates the story behind Marbury and explains why it is a foundational case for understanding the Supreme Court. He reveals how Marshall deftly avoided a dangerous political confrontation between the executive and judicial branches by upholding the rule of law. He also shows how Marshall managed to shore up the Court's prestige and power rather than have it serve partisan political agendas. Nelson clarifies how the Marshall court sought to preserve what was best in eighteenth-century constitutionalism while accommodating nineteenth-century political realities and also traces the gradual transformation of Marbury-style judicial review since Marshall's time. Although the Supreme Court did not assert its power of judicial review for another fifty-four years after Marbury, it has since then invalidated numerous acts of Congress. From Marshall's modest bid for consensus to what some consider the modern Court's "activist" excesses, judicial review has been a cornerstone in the edifice of the federal judiciary. Nelson's analysis helps us better understand how this fundamental principle emerged and why it still matters.

Marbury v. Madison: The Origins and Legacy of Judicial Review

"Americanization of the Common Law" remains one of the standard works on the transformation of law in America from the late colonial period to the end of the early republic. In a straightforward manner, William E. Nelson analyzes the profound ideological movement that grew out of the American Revolution and caused substantial structural change in the legal and social order of Massachusetts and, by extension, in the nation at large. The Revolution, Nelson argues, transformed a hierarchical and communitarian legal and social order into an egalitarian and individualistic one.For this edition, Nelson has written a new preface in which he discusses the book's initial reception and the relevant historiographical issues that have arisen since it was first published in 1975.

William E. Nelson

Papers

Americanization of the Common Law: The Impact of Legal Change on Massachusetts Society 1760-1830

Marbury v. Madison: The Origins and Legacy of Judicial Review

Americanization of the Common Law: The Impact of Legal Change on Massachusetts Society, 1760-1830

The Common Law in Colonial America

Americanization of the Common Law: The Impact of Legal Change on Massachusetts Society, 1760-1830