European Yearbook Of Constitutional Law 2019

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European Yearbook of Constitutional Law 2019

Author : Ernst Hirsch Ballin
Publisher : Springer Nature
ISBN 13 : 9462653593
Total Pages : 338 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis European Yearbook of Constitutional Law 2019 by : Ernst Hirsch Ballin

Download or read book European Yearbook of Constitutional Law 2019 written by Ernst Hirsch Ballin and published by Springer Nature. This book was released on 2019-12-02 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Yearbook of Constitutional Law (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This inaugurate volume examines the safeguards and limits of judicial power in a variety of constitutional systems, both at the national and supranational level. The book approaches the judiciary as part of the constitutional system operating within a legal order that connects the citizens and institutions of the state to each other. Looking at the judiciary from this broader perspective, the traditional doctrine of the separation of powers would appear no longer to adequately represent the diversity and complexity of constitutional systems and their democratic legitimacy. Judicial independence does not mean isolation, but should better be understood as institutionalizing relationships that legitimize the power of the courts. The notions of ‘safeguards’ and ‘limits’ indicate the reciprocally enabling and protecting nature of these relationships. In recognition of this, the contributions to this volume analyse these safeguards and limits as relations existing within a complex constitutional architecture. State institutions, today, are involved in a fundamental transformation of their selfunderstanding as a result of changes in political culture. Several contributions to this volume provide examples of political criticism and pressure on the judiciary, against which the usual guarantees are unable to provide adequate protection. A convincing and effective response to threats to the judiciary’s independence requires a detailed and precise analysis of the judiciary’s constitutional safeguards and limits. This book offers a step in that direction.

European Yearbook of Constitutional Law 2020

Author : Ernst Hirsch Ballin
Publisher : Springer Nature
ISBN 13 : 946265431X
Total Pages : 345 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis European Yearbook of Constitutional Law 2020 by : Ernst Hirsch Ballin

Download or read book European Yearbook of Constitutional Law 2020 written by Ernst Hirsch Ballin and published by Springer Nature. This book was released on 2021-03-27 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This second volume examines the constitutional positioning of cities across space and time. Unrelenting urbanisation means that most people are, or soon will be, living in cities and that city administrations become, in many respects, their quintessential governing units. Cities are places where State power is operationalised and concretised; where laws and government policies transform from parchment objectives to practical realities. In a similar vein, cities are also places for the realisation of the constitutional rights and liberties enjoyed by individuals. The book is organised around three sets of relations that await further unpacking in theory as well as practice: that between cities and other institutions in the national constitutional architecture; that between cities and their inhabitants; and that between cities and international organisations. The contributions to this book show the marked diversity in the role and powers available to cities in Europe and beyond, and identify principles and approaches to help stipulate new ways of thinking about the legal role and relevance of cities going forward. Ernst Hirsch Ballin is distinguished university professor at Tilburg University and vice-dean for research of Tilburg Law School. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is lecturer at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore.

European Yearbook of Constitutional Law 2021

Author : Jurgen de Poorter
Publisher : Springer Nature
ISBN 13 : 9462655359
Total Pages : 283 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis European Yearbook of Constitutional Law 2021 by : Jurgen de Poorter

Download or read book European Yearbook of Constitutional Law 2021 written by Jurgen de Poorter and published by Springer Nature. This book was released on 2022-06-06 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This third volume of the EYCL focuses on constitutional advice, an underexplored topic of legal scholarship today, and addresses this situation by looking beyond constitutional law’s familiar focus on the classic separation of powers and the main legislative, executive and judicial bodies implied by this construct. The attention is shifted to mapping and analysing the advisory bodies and functions grouped around and in support of the legislators, administrators and judges at the frontline of the constitutional edifice, which is accomplished through national, comparative and transnational perspectives on constitutional advice from Europe and beyond. Addressing the topic of constitutional advice is necessary to broaden and deepen not only our understanding of advice as a field in its own right, but also as a way of rendering a fuller account of contemporary constitutionalism. Also, the increasing political polarisation across many societies today underscores the need to study constitutional advice on topics of significance in an attempt to bridge divides and end gridlock. This book will be of special interest to constitutional scholars and legal scholars more generally, as well as to political scientists. In addition, government officials, judges and policy-makers wishing to better understand the legal mechanisms and avenues when it comes to rendering or receiving advice in the contemporary constitutional context will find much of relevance. Jurgen de Poorter is professor at Tilburg Law School, Department of Public Law and Governance. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is assistant professor at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at Yong Pung How School of Law, Singapore Management University, Singapore.

European Yearbook of Constitutional Law 2022

Author : Jurgen de Poorter
Publisher : Springer Nature
ISBN 13 : 9462655952
Total Pages : 236 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis European Yearbook of Constitutional Law 2022 by : Jurgen de Poorter

Download or read book European Yearbook of Constitutional Law 2022 written by Jurgen de Poorter and published by Springer Nature. This book was released on 2023-07-25 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This fourth volume of the EYCL addresses the underexplored and contentious topic of whether the EU possesses a constitutional identity of its own. To date, the main focus of scholarship and case law concerns the constitutional identities of the Member States of the EU. This is because the EU has to respect such identities according to article 4(2) TEU. The attention for Member States’ constitutional identities stands in stark contrast to the notion of an EU constitutional identity. Such an identity features very little in the literature and debate on constitutional identity and the legal architecture of the EU. Consequently, this edition of the EYCL addresses the gap in legal research by studying constitutional identity with a focus on the EU itself. The book explores various views on whether the EU possesses such an identity and what any possible identity might entail. In this way, a fuller and more inclusive picture can be formed of constitutional identity as it relates to the multilevel constitutional order inhabited by the EU and its Member States. This volume will be of special interest to constitutional and legal scholars who are interested in EU and national constitutional law, as well as to political scientists. In addition, the book is relevant for judges, government officials, judges and policy-makers who work with EU (constitutional) law and its relationship with national (constitutional) law. Jurgen de Poorter is State Councillor at the Dutch Council of State and professor at Tilburg Law School, Department of Public Law and Governance. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is assistant professor at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore. Ingrid Leijten is professor at Tilburg Law School, Department of Public Law and Governance. Charlotte van Oirsouw is PhD researcher at Utrecht University, Department of Constitutional and Administrative Law.

The Rule of Law in the EU

Author : Luisa Antoniolli
Publisher : Springer Nature
ISBN 13 : 3031553225
Total Pages : 333 pages
Book Rating : 4.0/5 (315 download)

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Book Synopsis The Rule of Law in the EU by : Luisa Antoniolli

Download or read book The Rule of Law in the EU written by Luisa Antoniolli and published by Springer Nature. This book was released on with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Leading Works in Law and Anthropology

Author : Alice Margaria
Publisher : Taylor & Francis
ISBN 13 : 1040047580
Total Pages : 249 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Leading Works in Law and Anthropology by : Alice Margaria

Download or read book Leading Works in Law and Anthropology written by Alice Margaria and published by Taylor & Francis. This book was released on 2024-07-16 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The academic disciplines of law and sociocultural anthropology have a long but at times contentious history of drawing on each other in order to study and understand law and human experience in its diverse manifestations. This volume provides an innovative and engaging format by giving established and emerging scholars from diverse jurisdictions the opportunity to discuss and reflect upon what they consider to be a ‘leading work’. The collection offers a unique, multi-perspectival reconsideration of the intellectual history of the field whilst also addressing issues that are at the core of interdisciplinary legal research. Contributions shed light on the changing nature of cross-disciplinary research and collaboration, trace how disciplinary understandings of normativity have cross-fertilised each other, and reflect on choices taken within research on law and anthropology along a continuum of theoretical reflection, critique, engagement, and practical application. The book elaborates on the nature and the boundaries of law and anthropology research, as well as on its likely future development in light of the insights shared by contributors on their chosen leading works. The book will make fascinating reading for researchers and academics in both law and anthropology. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

The Internationalisation of Constitutional Law

Author : Sergio Bartole
Publisher : Bloomsbury Publishing
ISBN 13 : 1509941487
Total Pages : 293 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Internationalisation of Constitutional Law by : Sergio Bartole

Download or read book The Internationalisation of Constitutional Law written by Sergio Bartole and published by Bloomsbury Publishing. This book was released on 2020-12-24 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book one of the longest-standing members of The Venice Commission reflects on the work of the institution to show how constitutional law in Europe (and beyond) has become increasingly borderless. Over nine chapters, the book tracks the work of the Commission, illustrating the law both in action and in its broader political and historical context. It looks at its treatment of the judiciary and judicial conflicts, including the present crisis of the rule of law in Central Eastern Europe Member States of the European Union. Finally it suggests how all this can only be sensibly understood as a feature of the broader trend towards the internationalisation of constitutional law.

EU Rule of Law Procedures at the Test Bench

Author : Cristina Fasone
Publisher : Springer Nature
ISBN 13 : 3031600088
Total Pages : 307 pages
Book Rating : 4.0/5 (316 download)

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Book Synopsis EU Rule of Law Procedures at the Test Bench by : Cristina Fasone

Download or read book EU Rule of Law Procedures at the Test Bench written by Cristina Fasone and published by Springer Nature. This book was released on with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rule of Law vs Majoritarian Democracy

Author : Giuliano Amato
Publisher : Bloomsbury Publishing
ISBN 13 : 1509936858
Total Pages : 479 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Rule of Law vs Majoritarian Democracy by : Giuliano Amato

Download or read book Rule of Law vs Majoritarian Democracy written by Giuliano Amato and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds? Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: - The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; - The People: dealing with a set of problems around the notion of 'people' and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people's representation.

Law, Culture and Identity in Central and Eastern Europe

Author : Cosmin Cercel
Publisher : Taylor & Francis
ISBN 13 : 1003812953
Total Pages : 375 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Law, Culture and Identity in Central and Eastern Europe by : Cosmin Cercel

Download or read book Law, Culture and Identity in Central and Eastern Europe written by Cosmin Cercel and published by Taylor & Francis. This book was released on 2023-12-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mirosław Michał Sadowski is Lecturer at the University of Strathclyde in Glasgow, Scotland; Affiliated Researcher at the Centre for Global Studies, Alberta University in Lisbon, Portugal; Postdoctoral Researcher at CEBRAP – Brazilian Center of Analysis and Planning in São Paulo, Brazil; Research Assistant at the Institute of Legal Sciences, Polish Academy of Sciences in Warsaw, Poland.

Constitutional Identity in a Europe of Multilevel Constitutionalism

Author : Christian Calliess
Publisher : Cambridge University Press
ISBN 13 : 1108480438
Total Pages : 393 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Constitutional Identity in a Europe of Multilevel Constitutionalism by : Christian Calliess

Download or read book Constitutional Identity in a Europe of Multilevel Constitutionalism written by Christian Calliess and published by Cambridge University Press. This book was released on 2020 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.

Public Law in a Troubled Era

Author : Katarzyna Gromek-Broc
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403541067
Total Pages : 761 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Public Law in a Troubled Era by : Katarzyna Gromek-Broc

Download or read book Public Law in a Troubled Era written by Katarzyna Gromek-Broc and published by Kluwer Law International B.V.. This book was released on 2023-07-14 with total page 761 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public law, which examines relations between governments and institutions and individuals, has, in recent years, become deeply disturbed by an erosion of the rule of law, notably in some of the world’s most professedly democratic nations. In this book of edited essays, many of the world’s leading public lawyers draw on examples from the United Kingdom, European States, and the European Union (EU) to explore the alarming tensions unleashed as Europe is rocked by Brexit, the war between nations on the EU border, and the worldwide phenomenon of populist resistance to globalised forces and liberal democratic aspirations. The book is dedicated to Professor Patrick Birkinshaw, who until his retirement was Director of the Institute of European Public Law and Professor of Public Law at the University of Hull and widely respected as a leading authority on public law. With a focus on public law and European public law jurisprudence with hugely important global ramifications, the contributions continue his work and crucially deal with the new and troubling shape of the law–politics relationship. The essays examine these developments under four headings: Law in a World Turned Upside/Down, with essays on (e.g.) Brexit, the denial of human rights and the rule of law in Hungary, climate change governance; Law and Politics: A Shifting Boundary?, showing how advances in the courts have prompted reaction to curtail judicial review and human rights protection, especially evident in the fading mirage of fair trial rights and administration on the EU periphery; Law’s Promise, specifying real achievements in the way of reform and higher levels of security for individuals; and New Bearings, exploring initiatives and emerging problems, including reform of judicial review, the European Banking Law, digitalization of public administration, and institutional interactions with the Chinese 1982 Constitution. The book brings together leading university professors, public officials and judges, all experts in their respective fields. All are concerned with a central role for law in the process of governance. This unrivalled volume penetrates the contradictions, uncertainties, and insecurities that plague this topic of worldwide interest and debate, and will prove invaluable to practitioners, public administrators, jurists, judges and legal academics everywhere. It will also be of interest to political scientists and politicians. In its completely original and innovative discussions of the changes taking place at the interface of law and politics, and of how law can enhance certainty and reliability in governance, this book provides a most detailed and insightful analysis of the new bearings in public law in Europe and worldwide.

European Yearbook of International Economic Law 2022

Author : Jelena Bäumler
Publisher : Springer Nature
ISBN 13 : 3031285328
Total Pages : 581 pages
Book Rating : 4.0/5 (312 download)

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Book Synopsis European Yearbook of International Economic Law 2022 by : Jelena Bäumler

Download or read book European Yearbook of International Economic Law 2022 written by Jelena Bäumler and published by Springer Nature. This book was released on 2023-05-23 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate change is the defining challenge of our time. While political leadership and scientific expertise are key, law has a major role to play in fashioning responses. Volume 13 of the EYIEL assesses central aspects of the legal regimes governing "Climate Change and Liability". Covering traditional trade and investment topics as well EU instruments regulating private actors, contributions reflect the diverse links between international economic law and climate change. Through a mix of foundational inquiries and coverage of current issues (such as climate change litigation), the volume offers a rich and nuanced account of international economic law in an era of "Climate Change and Liability".

Protecting Democracy in Europe

Author : Tom Theuns
Publisher : Hurst Publishers
ISBN 13 : 1805263919
Total Pages : 329 pages
Book Rating : 4.8/5 (52 download)

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Book Synopsis Protecting Democracy in Europe by : Tom Theuns

Download or read book Protecting Democracy in Europe written by Tom Theuns and published by Hurst Publishers. This book was released on 2024-11-07 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The future of Europe as a community of democratic states is deeply uncertain. The European Union, founded to promote ‘ever closer’ integration, aims nominally for peaceful, prosperous cooperation. But this ideal has been battered by a series of bruising crises, and now by war. Protecting Democracy in Europe examines how, in this brave new world, the EU can and must safeguard democratic governance within its member states. Reviewing the Union’s past responses, Tom Theuns demonstrates that its existing laws and policies are normatively and expressively incoherent. Its failure to defend democratic values is unsurprising: the EU’s existing toolbox is based on an impoverished conception of democracy, and runs counter to its fundamental principles. Close attention to speeches by European Commissioners shows that they see democracy in a technical and legalistic way. This perspective–‘democracy without politics’–is easy for would-be autocrats to exploit. To protect democracy in Europe, Theuns argues, the EU must urgently correct policies that make it complicit in democratic backsliding. It must contain autocratic influences (within the strict limits of its political authority). And it must cultivate pluralist democracy within its constituent countries. But where this fails, he concludes, autocratic members should be expelled.

The Practice of Judicial Interaction in the Field of Fundamental Rights

Author : Casarosa, Federica
Publisher : Edward Elgar Publishing
ISBN 13 : 1800371225
Total Pages : 448 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis The Practice of Judicial Interaction in the Field of Fundamental Rights by : Casarosa, Federica

Download or read book The Practice of Judicial Interaction in the Field of Fundamental Rights written by Casarosa, Federica and published by Edward Elgar Publishing. This book was released on 2022-02-04 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.

European Constitutional Language

Author : András Jakab
Publisher : Cambridge University Press
ISBN 13 : 1107130786
Total Pages : 531 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis European Constitutional Language by : András Jakab

Download or read book European Constitutional Language written by András Jakab and published by Cambridge University Press. This book was released on 2016-04-15 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.

Ethiopian Yearbook of International Law 2019

Author : Zeray Yihdego
Publisher : Springer Nature
ISBN 13 : 3030559122
Total Pages : 301 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Ethiopian Yearbook of International Law 2019 by : Zeray Yihdego

Download or read book Ethiopian Yearbook of International Law 2019 written by Zeray Yihdego and published by Springer Nature. This book was released on 2020-12-29 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: EtYIL 2019 comes out while the world is in the midst of a new coronavirus pandemic that has infected millions and killed thousands of people without distinction as to age, race, colour, or creed. As an attack on all humanity, Covid-19, the disease caused by the coronavirus, has challenged the fitness of the global order as never before, and its institutional and normative frameworks have been found wanting. As is often the case in such circumstances, when the WHO is denied resources to assist those countries or the WTO is unable to guarantee access to Covid-19 medical supplies and protective equipment, it is the poorest nations that suffer the most. EtYIL’s mission is to provide a platform for purpose-oriented scholarly analysis and debate on issues of particular significance for African countries such as Covid-19, disputes over Nile water resources, and Ethiopia-Eritrea relations. Although the pandemic came too late for this issue of EtYIL, we have managed to include two important articles that examine the subject from geostrategic and legal perspectives. EtYIL 2019 also addresses a number of other topical issues, including the responsibility of the UN Security Council (UNSC) in climate-related risks to least developed countries, the Global South’s approach to environmental protection, the challenges of international regulation of arms brokering, and the contributions of Martin Luther King, Jr. to Pan-Africanism and international human rights law. Finally, the Yearbook also continues its coverage of regional issues such as the evolving Ethiopia-Eritrea relations, Djibouti’s accession to the ICSID Convention; the trilateral negotiations between Ethiopia, Sudan and Egypt over the Grand Ethiopian Renaissance Dam and the U.S. meddling and the role of the UNSC on the issue have also been covered. As before, our contributors come from all over the world, to all of whom we extend our sincere appreciations.