Law: Human rights and civil liberties Books

Book SynopsisWINNER OF THE ORWELL PRIZEWINNER OF IRISH BOOK OF THE YEARSHORTLISTED FOR THE BAILLIE GIFFORD PRIZEThe most important work of contemporary reporting I have ever read' SALLY ROONEYThe treatment of refugees has become one of the most devastating human rights disasters in our history. In this book, award-winning journalist Sally Hayden unfolds a staggering investigation into the migrant crisis across North Africa.This book follows the experiences of refugees, telling a range of shocking and eye-opening human stories. But it also surveys the bigger picture: the negligence of NGOs and corruption within the United Nations. The economics of the twenty-first-century slave trade and the EU's bankrolling of Libyan militias. The trials of people smugglers, the frustrations of aid workers, the loopholes refugees seek out and the role of social media in crowdfunding ransoms. Who was accountable for the abuse? Where were the people finding solutions? Why wasn't it being widely reported?At its heart, this is a book about people who have made unimaginable choices, risking everything to survive in a system that wants them to be silent and disappear.Trade Review‘Journalism of the most urgent kind’Financial Times ‘[A] devastating, moving and damning account of one of the tragedies of our age … Hayden never flinches in documenting human nature at its worst – its best is shown here, too’Irish Independent ‘The most important work of contemporary reporting I have ever read … I hope that Sally Hayden's work can help to begin a radically new and overdue discussion about Europe's approach to migration and borders’Sally Rooney ‘What a devastating book about the catastrophic inhumanity of European migration policy. It’s a journalistic masterpiece. Shattering stories. It absolutely demands to be read … Essential’Max Porter, author of Grief is the Thing with Feathers ‘Extremely good’Mark O’Connell, author of Notes from an Apocalypse ‘Compassionate, brave, enraging, beautifully written and incredibly well researched. Hayden exposes the truth’Oliver Bullough, author of Moneyland ‘One of the most important testaments of this awful time in life's history. It is both heartbreaking and stoic. I cry reading any page of it. Sally Hayden is a young and brilliant journalist’Edna O'Brien, author of The Little Red Chairs ‘Quite simply, an unexpected tour de force … deserves critical acclaim and a wide readership … I found this book unputtdownable’Jon Lee Anderson, staff writer at The New Yorker ‘This vivid chronicle … may make you cry, but it should make you angry … A blistering rebuke’Lindsey Hilsum, International Editor of Channel 4 News ‘A veritable masterclass in journalism … The most riveting, detailed and damning account ever written on the deadliest of migration routes’Christina Lamb, Chief Foreign Correspondent of the Sunday Times ‘Heart-stopping … A vital book for anyone who wants to feel what it means to be human in the 21st century’Fintan O’Toole, author of We Don’t Know Ourselves

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Book SynopsisA new edition of a seminal text in Critical Race TheorySince the publication of the third edition of Critical Race Theory: An Introduction in 2017, the United States has experienced a dramatic increase in racially motivated mass shootings and a pandemic that revealed how deeply entrenched medical racism is and how public disasters disproportionately affect minority communities. We have also seen a sharp backlash against Critical Race Theory, and a president who deemed racism a thing of the past while he fanned the flames of racial intolerance and promoted nativist sentiments among his followers. Now more than ever, the racial disparities in all aspects ofpublic life are glaringly obvious. Taking note of all these developments, this fourth edition covers a range of new topics and events and addresses the rise of a fierce wave of criticism from right-wing websites, think tanks, and foundations, some of which insist that America is now colorblind and hasTrade ReviewComprehensive and insightful, Critical Race Theory, Third Edition is a must read for those wondering ‘why the fuss?’ about racial justice and a must read for those who think they know. An essential tool for today’s world. -- Stephanie M. Wildman, Professor Emerita, Santa Clara UniversityWithout doubt this is the best introduction available to Critical Race Theory. The authors are inspirational writers who have shaped CRT from its inception to its present state as a global interdisciplinary movement of scholars and activists. CRT provides a radical and challenging perspective that reveals how racism shapes the everyday reality of the world; from law courts and prisons, to the economy, schools, media, and health care. -- David Gillborn, Emeritus Professor of Critical Race Studies, University of Birmingham, UKOne of the most acclaimed critical race theory books... accessible and informative. * Book Riot *

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Book SynopsisA heroic narrative.One of The New Yorker's Best Books of 2023A detailed examination of . . . the landmark 1964 Supreme Court decision that defined libel laws and increased protections for journalists.The New York Times Book ReviewA deeply researched legal drama that documents this landmark First Amendment rulingone that is more critical and controversial than ever. Actual Malice tells the full story of New York Times v. Sullivan, the dramatic case that grew out of segregationists' attempts to quash reporting on the civil rights movement. In its landmark 1964 decision, the Supreme Court held that a public official must prove actual malice or reckless disregard of the truth to win a libel lawsuit, providing critical protections for free speech and freedom of the press. Drawing on previously unexplored sources, including the archives of the New York Times Company and civil rights leaders, Samantha Barbas tracks the saga behind one of the most important First Amendment rulings in history. She situates the case within the turbulent 1960s and the history of the press, alongside striking portraits of the lawyers, officials, judges, activists, editors, and journalists who brought and defended the case. As the Sullivan doctrine faces growing controversy, Actual Malice reminds us of the stakes of the case that shaped American reporting and public discourse as we know it.Trade Review"A law professor puts forth a detailed examination of New York Times v. Sullivan, the landmark 1964 Supreme Court decision that defined libel laws and increased protections for journalists, in the context of the civil rights movement." * The New York Times Book Review *"A new book, Actual Malice, by Samantha Barbas, a law professor and historian, unfurls the story of the case and reminds readers that the triumph of press freedom was an outgrowth of the civil-rights struggle. Versions of the story have been told before, perhaps most famously in Anthony Lewis’s "Make No Law" more than three decades ago. Yet Barbas deftly employs archival sources—notably from the Times, from the Martin Luther King, Jr., papers, and from the Southern Christian Leadership Conference—to shed new light. Her book illuminates the effect of libel suits on journalists’ ability to cover the movement, the legal strategies used against those suits, and the impact of the case on the civil-rights movement itself. A heroic narrative in which the litigation helped vanquish segregationists serves to underscore what Barbas calls the 'centrality of freedom of speech to democracy.'" * The New Yorker *“Barbas’s endorsement of the Sullivan decision is more nuanced than those of [Anthony] Lewis and [Aimee] Edmondson, and more reflective of the current moment. She appreciates the need for libel lawsuits at a time when ‘damaging falsehoods can spread online with a click, and reputations [can be] destroyed instantly.’ But she recognizes that the protections of Sullivan are needed as much, or more, by individuals as by media companies. The story of Sullivan, and of the precedent’s possible demise, reveals as much about our own times as it does the 1960s.” -- Jeffrey Toobin * The New York Review of Books *"One might think that another book-length history and analysis of New York Times v. Sullivan would be superfluous, given the quality of Lewis’s Make No Law and Hall and Urofsky's New York Times v. Sullivan: Civil Rights, Libel Law, and the Free Press. Actual Malice, however, may become the go-to book for combining both perspectives in a single volume and enhancing them with some archival sources that the other two books did not use." * Choice Reviews *"Actual Malice is concise yet thorough, crisply written, brimming with sharp observations, amply documented, and admirably acknowledges different points of view." * Law and Liberty *Table of ContentsIntroduction 1. All the News That's Fit to Print 2. Libel and the Press 3. The Paper Curtain 4. Heed Their Rising Voices 5. Montgomery v. The New York Times 6. Birmingham v. The New York Times 7. Doing Business in Alabama 8. "This New Weapon of Intimidation" 9. A Civil Rights Crisis 10. The Iron Curtain 11. Make No Law 12. Herbert Wechsler 13. Before the Court 14. Arguments 15. Actual Malice 16. Free, Robust, and Wide Open Acknowledgments Notes Archival Collections Index

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Book SynopsisInternationally acclaimed human rights lawyer Keio Yoshida uncovers the ongoing battle for LGBTQ+ rights, how far we've come, and how much further we have to go. The right to life and the right to live life free from discrimination are rights that are codified and legally protected, but unlike those on women's rights, disability rights, children's rights, freedom from torture, and racial discrimination there is no dedicated and binding treaty or convention in international human rights law with respect to LGBTQ+ rights. In Pride and Prejudices, Yoshida analyses case law from around the world, including Rosanna Flamer Caldera v Sri Lanka, the first global precedent to call for the decriminalisation of same-sex intimacy between women, in which Yoshida acted as counsel, as well as other timely cases such as the bitter debate over self-ID for trans people in the UK and Florida's recent Don't Say Gay' bill. This pivotal book addresses the legal problems that still persist and contribute to the violence and discrimination that the international LGBTQ+ population experiences on a daily basis, and demonstrates what more needs to be done to protect LGBTQ+ communities.

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Book SynopsisAs constitutional law globalizes, the quest for a common grammar or ''generic constitutional law'' becomes more pressing. Proportionality is one of the most prominent and controversial components of the modern, global constitutional discourse. In view of the alarming tension between the triumphant success of proportionality and the severity of the criticism directed towards it, this book offers an in-depth analysis of the critics of proportionality and demonstrates that their objections against the proportionality test are not convincing. It clarifies and further develops the current theories of proportionality and balancing. Building upon on Robert Alexy''s predominant principles theory, the book suggests several modifications to this theory. Drawing examples from the case law of the European Court of Human Rights, the European Court of Justice, and various national constitutional courts it illustrates the argument in favour of proportionality and demonstrates its relevance for decidiTable of ContentsIntroduction ; 1. The Structure of the Proportionality Test ; 2. Rights, Interests, and Trumps ; 3. The Method of Balancing ; 4. Discretion and Deference ; 5. Positive Rights and Proportionality Analysis ; 6. Epistemic Reliabilities in Proportionality Analysis ; 7. Case Analysis: Otto-Preminger-Institut v Austria ; 8. Results

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Book SynopsisAn urgent, compact manifesto that will teach you how to protect your rights, your freedom, and your future when talking to police. Law professor James J. Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police—especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen’s constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it’s also the advice law-enforcement professionals give their own kids. Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.Trade Review“James Duane’s amazing but true stories of innocent people exonerated after decades of wrongful imprisonment (which could have been avoided if they had just insisted on their fundamental right to avoid self-incrimination) are riveting reminders of the high price we pay, as individuals and as a society, when we fail to assert our constitutional rights.” —Laurence H. Tribe, Harvard Law School “In this quick and wonderful read, one of America’s most eloquent writers on legal subjects makes clear why you should never, ever answer police questions about your past conduct, however virtuous and civic-minded you may be. You Have the Right to Remain Innocent describes a stream of miscarriages of justice that occurred only because innocent suspects cooperated with deceptive officers preying on their ignorance and good intentions. The book makes its case with verve and passion, and even if you are a tough-on-crime conservative or a police chief, it is likely to persuade you.” —Albert W. Alschuler, University of Chicago Law School “James Duane is an experienced criminal defense lawyer and a tough-minded legal scholar. This is not just a book of advice; it is a passionate and disturbing critique of the rules governing police interrogations in the United States. It repays careful reading.” —David Alan Sklansky, Stanford University Law School “The stories in You Have the Right to Remain Innocent will help you remember why you should not talk to the police, and exactly how to assert your rights. This book could save you—or your children—years of imprisonment for a crime committed by someone else. Read it and then make sure your kids read it too.” —Randy E. Barnett, Georgetown University Law School “If you'd like to read short sentences that can save you from serving long sentences, get this book and do what it says!” —Judge Alex Kozinski, United States Court of Appeals for the Ninth Circuit “As James Duane argues convincingly in his book, the judicial hypocrisy that permits police deception is outrageous and dangerous. You Have the Right to Remain Innocent is funny, sad, and full of information that all citizens need for their protection.” —Charles R. Nesson, Harvard Law School “Well-informed, scary, sobering, and sure to tick off police officers and prosecutors even as it contributes to keeping innocent people out of jail.” —Kirkus Reviews

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Book SynopsisWinner of the 2018 Pulitzer Prize for General Non-FictionLonglisted for the National Book AwardOne of the New York Times Book Review''s 10 Best Books of 2017Former public defender James Forman, Jr. is a leading critic of mass incarceration and its disproportionate impact on people of colour. In Locking Up Our Own, he seeks to understand the war on crime that began in the 1970s and why it was supported by many African American leaders in the nation''s urban centres.Forman shows us that the first substantial cohort of black mayors, judges and police chiefs took office amid a surge in crime and drug addiction. Many prominent black officials, including Washington, DC mayor Marion Barry and federal prosecutor Eric Holder, feared that the gains of the civil rights movement were being undermined by lawlessness - and thus embraced tough-on-crime measures, including longer sentences and aggressive police tactics. In the face of sTrade ReviewThis superb, shattering book probably made a deeper impression on me than any other this year - New York TimesA beautiful book, written so well, that gives us the origins and consequences of where we are . . . I can see why [the Pulitzer prize] was awarded - The Daily ShowRemarkable . . . Forman's beautifully written narrative, enriched by firsthand knowledge of the cops and courts, neither condemns black leaders in hindsight nor exonerates the white-dominated institutions . . . He adds historical nuance to the story of 'mass incarceration' told in . . . The New Jim Crow - Washington PostEloquent . . . A gritty, often revelatory work of local history, interspersed with tales of Forman's experiences as a public defender . . . Locking Up Our Own is a sobering chronicle of how black people, in the hope of saving their communities, contributed to the rise of a system that has undone much of the progress of the civil rights era. But, as Forman knows, they could not have built it by themselves, and they are even less likely to be able to abolish it without influential white allies, and dramatic reforms in the structure of American society - London Review of Books

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This thought-provoking introduction provides an incisive overview of dignity law, a field of law emerging in every region of the globe that touches all significant aspects of the human experience. Through an examination of the burgeoning case law in this area, James R. May and Erin Daly reveal a strong overlapping consensus surrounding the meaning of human dignity as a legal right and a fundamental value of nations large and small, and how this global jurisprudence is redefining the relationship between individuals and the state. Key features include: Analyses of cases from a range of jurisdictions all over the world A history of the shift of the concept of dignity from a philosophical idea to a legally enforceable right Discussion of dignity as a value and a right in different major legal contexts, and its roots in African, Asian, European and Islamic traditions. This Advanced Introduction will be invaluable to scholars and students of law, particularly those interested in human rights, looking to understand this emerging area of law. It will inform lawyers, judges, policymakers and other advocates interested in how dignity and the law can be used to protect everyone, including the most vulnerable among us. Trade Review'This book offers a compelling introduction to human dignity, the organizing constitutional idea of the postwar era. Reaching beyond western religion, philosophy, and constitutional law, May and Daly expound an idea that is global in its reach and transformative in its ramifications. This book will be of interest to anyone seeking to understand what a legal order that lived up to the demands of human dignity might look like.' --Jacob Weinrib, Queen's University Faculty of Law, Canada'This book is a very complete contribution to the meaning of dignity seen as a universal value and right, with important insights on legal doctrine and policies all over the world. It demonstrates that, inherent to all of us, dignity implies that every single human being must always be treated as a person.' --Paul Cassia, University of Paris 1 Panthéon-Sorbonne, France'With this Advanced Introduction to Human Dignity and Law, Professors James R. May and Erin Daly deliver a global perspective on this ''very important idea''. A mine of legal materials gathered from around the world, this volume brings together essential knowledge on human dignity in a concise and engaging manner. Buzzing with energy, Professor May and Professor Daly's Advanced Introduction is a must read for all those promoting dignity rights, as well as all those curious about the great adventure of humanity and democracy.' --Catherine Dupré, University of Exeter, UKTable of ContentsContents: 1. A very brief overview of a very important idea 2. Dignity and Human Rights 3. An Emerging Overlapping Consensus on the Meaning of Dignity Under Law 4. The Value of A Life: Intrinsic Worth, Agency, and Autonomy 5. The Life of the Mind: Intellectual and Emotional Integrity 6. Living With Dignity 7. Towards a Democratic Theory of Dignity Index

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Book SynopsisArtificial intelligence threatens to disrupt the professions as it has manufacturing. Frank Pasquale argues that law and policy can avert this outcome and promote better ones: instead of replacing humans, technology can make our labor more valuable. Through regulation, we can ensure that AI promotes inclusive prosperity.Trade ReviewThought-provoking…Explores how we can best try to ensure that robots work for us, rather than against us, and proposes a new set of laws to provide a conceptual framework for our thinking on the subject. * Financial Times *Pasquale calls for a society-wide reengineering of policy, politics, economics, and labor relations to set technology on a more regulated and egalitarian path…Makes a good case for injecting more bureaucracy into our techno-dreams, if we really want to make the world a better place. * Wired *Pasquale has explored the myriad ways that technological advances affect how we work, what media we consume, how law is made and enforced, and much more. He brings a refreshingly philosophical, even spiritual, perspective to these discussions, while concretely addressing the problems that arise when robots advance into hospitals, schools, and militaries. -- Lawrence Joseph * Commonweal *We are careening toward a future where machines rule and people are diminished and excluded. In this jewel of a book, Frank Pasquale demonstrates beyond doubt that a machine future is neither inevitable nor desirable, but he does not stop there. Instead, he judiciously constructs the urgently needed alternative, outlining the principles and practices—for technology, public policy, and law—that set us on a new trajectory toward a humane digital future. Citizens and lawmakers, read this book as if our future depends upon it. This is the rare case when it actually does. -- Shoshana Zuboff, author of The Age of Surveillance CapitalismFrank Pasquale is one of the leading voices on the uneven and often unfair consequences of AI in our society. In this insightful new work, he explains how we can protect workers and foster a world free from harmful and discriminatory technologies. Every policymaker should read this book and seek his counsel. -- Safiya Noble, author of Algorithms of OppressionA powerful call to action for all contingents within society to work together as a moral obligation to write our own narrative in the AI revolution and essential reading for all who have a vested interest in the rise of AI. -- Daryl Li * AI & Society *In a way, Pasquale’s impassioned pleas…on behalf of the endangered human world make him a mythic hero. He’s on a quest, fighting lazy thinking and influential tech behemoths…I was inspired by the innovative, richly supported, and poetic descriptions in New Laws of Robotics. Far from being the product of a natural language processing algorithm, this book could have been written only by a creative, passionate, persistent person. Frank Pasquale has done much to raise awareness of how important it is to value expertise, appreciate human abilities, avoid technological arms races, and take responsibility for the technologies humans create. -- Ben Shneiderman * Issues in Science and Technology *In Frank Pasquale’s bold and humane vision of robotics and artificial intelligence, technology transforms our lives for the better. It works with people and for people, instead of imitating or displacing them. It promotes social cooperation rather than ruthless competition. It improves the professions instead of unraveling them. Drawing on examples from health, finance, education, policing, and social media, Pasquale shows how realizing his new laws of robotics will require us to reimagine our economy, our uses of knowledge, and our ways of life. -- Jack M. Balkin, Director, The Information Society Project at Yale Law SchoolFrank Pasquale is not only one of the most prescient legal scholars in the world today, he’s one of the most humane. In this much-needed new book, he lays out a simple and wise framework for governing the coming world of AI and robotics—one that will put technology in service to humanity, rather than the other way around. -- Rana Foroohar, author of Don’t Be EvilCompelling, insightful, and balanced, New Laws of Robotics reveals the difficult choices we face in a time of increased automation. Underscoring the complex incentives and power imbalances in robotics and AI, Frank Pasquale makes a powerful and urgent case for a more democratic and equitable approach to regulating this space. -- Kate Crawford, cofounder of the AI Now Institute at New York UniversityFrank Pasquale provides a much-needed antidote to the ‘disrupt first, ask questions later’ approach that plagues the tech industry. His message is urgently important: automation can benefit society, but only if we plan ahead and apply human, social intelligence to designing the artificial kind. This is a compelling must-read for anyone interested in the future of automation, and should be compulsory for anyone involved in developing, implementing, or regulating that technology. -- Mark Andrejevic, author of Automated MediaPasquale’s New Laws of Robotics presents a hopeful vision of the AI future, predicated on cooperative relations and inclusive prosperity. Engaging, evocative, and filled with new insights, Pasquale’s book is a must read for policymakers. -- Marc Rotenberg, Director, Center for AI and Digital Policy

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Book SynopsisAn unprecedented cultural alliance is underway between the anti-trans strand of the radical feminist movement and a new brand of militant right-wing politics that takes issue with the idea that gender is a social and cultural construction. This so-called “anti-gender” movement—which also travels under names such as “gender-critical feminism”—has found immense international power and is especially active in Latin America, continental Europe, and Russia, with different but no less pernicious strains revitalizing longtime trans-exclusionary radical feminist (TERF) communities in England, Canada, the United States, and Australia. Contributors to this special issue consider what the global rise of trans-exclusionary politics and the envelopment of these politics into global right-wing movements might mean for changing understandings of transgender experience, science and medicine, and legal protections. Topics include the emergence of TERF rhetoric in eva

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Book SynopsisIn this controversial and provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, "free-market" approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively. Trade Review"Uncompromisingly critical, Franks challenges both liberal and conservative views of the Bill of Rights in the name of equality. Rights that don't work for the least powerful will ultimately work to preserve the privileges of the most powerful; agree or disagree with Franks's conclusions, her arguments require attention."—Rebecca Tushnet, Harvard Law School"The Cult of the Constitution shows how gun violence, racism, and misogyny are linked by a 'fundamentalist' interpretation of First and Second Amendment rights. Like all fundamentalism, this one tends to reinforce the interests of the powerful and to perpetuate inequality. It doesn't have to be this way. At this moment of #MeToo, #BlackLivesMatter, and #NeverAgain, Mary Anne Franks' book is a necessary reassessment of constitutional orthodoxy. A powerful must-read."—Tamara Piety, author of Brandishing the First Amendment: Commercial Speech in America"In this timely book, Mary Anne Franks takes on some of our most divisive constitutional issues. She analyzes gun restrictions, free speech, and regulation of the internet with a firm command of the legal implications and human stakes of judicial decision making. An important and insightful book."—Deborah L. Rhode, Stanford Law School"Mary Anne Franks has written a powerful challenge to the prevailing constitutional orthodoxy of the right and the left. Her trenchant critique of progressives' naive devotion to America's flawed founding charter is provocative and persuasive. A deeply troubling and absolutely vital book."—Mark Joseph Stern, Slate"This is a worthy addition to the literature of critical legal studies—and a timely text as battles over the Constitution and its interpretation continue to rage."—Kirkus Reviews"The Cult of the Constitution is an extremely important book. Franks challenges scholars and supporters of 20th century liberal constitutionalism to acknowledge its shortcomings in dealing with the technological and social-media-driven realities of the 21st-century....[She] has forced open a new and vital debate about rights, liberties and constitutional government."—Mark Rush, Law and Politics Book Review"Lost amid the clamor of academic and judicial battles over how to interpret the Constitution is its effect on the most vulnerable....Mary Anne Franks finds that effect by exploring the constitutional fundamentalism underlying much of constitutional law."—Harvard Law ReviewTable of ContentsIntroduction: Who We Are 1. The Cult of the Constitution 2. The Cult of the Gun 3. The Cult of Free Speech 4. The Cult of the Internet Conclusion: Until We All Are Free

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Book SynopsisWINNER OF THE ORWELL PRIZEWINNER OF IRISH BOOK OF THE YEARSHORTLISTED FOR THE BAILLIE GIFFORD PRIZEThe most important work of contemporary reporting I have ever read' SALLY ROONEYThe Western world has turned its back on refugees, fuelling one of the most devastating human rights disasters in history.In August 2018, Sally Hayden received a Facebook message. Hi sister Sally, we need your help,' it read. We are under bad condition in Libya prison. If you have time, I will tell you all the story.' More messages followed from more refugees. They told stories of enslavement and trafficking, torture and murder, tuberculosis and sexual abuse. And they revealed something else: that they were all incarcerated as a direct result of European policy.From there began a staggering investigation into the migrant crisis across North Africa. This book follows the shocking experiences of refugees seeking sanctuary, but it also surveys the bigger picture: the negligence of NGOs and corruption within the UTrade Review‘Journalism of the most urgent kind’Financial Times ‘The triumph of the book is to inject a renewed urgency and moral clarity into a story most people think they are familiar with’The Times ‘[A] devastating, moving and damning account of one of the tragedies of our age … Hayden never flinches in documenting human nature at its worst – its best is shown here, too’Irish Independent ‘The most important work of contemporary reporting I have ever read … I hope that Sally Hayden's work can help to begin a radically new and overdue discussion about Europe's approach to migration and borders’Sally Rooney ‘Brilliant, hugely important reportage on the ongoing situation many of us try to tune out’Marian Keyes ‘What a devastating book about the catastrophic inhumanity of European migration policy. It’s a journalistic masterpiece. Shattering stories. It absolutely demands to be read … Essential’Max Porter, author of Grief is the Thing with Feathers ‘Extremely good’Mark O’Connell, author of Notes from an Apocalypse ‘Compassionate, brave, enraging, beautifully written and incredibly well researched. Hayden exposes the truth’Oliver Bullough, author of Moneyland ‘One of the most important testaments of this awful time in life's history. It is both heartbreaking and stoic’Edna O'Brien, author of The Little Red Chairs ‘This vivid chronicle … may make you cry, but it should make you angry … A blistering rebuke’Lindsey Hilsum, International Editor of Channel 4 News ‘A veritable masterclass in journalism … The most riveting, detailed and damning account ever written on the deadliest of migration routes’Christina Lamb, Chief Foreign Correspondent of the Sunday Times ‘Heart-stopping … A vital book for anyone who wants to feel what it means to be human in the 21st century’Fintan O’Toole, author of We Don’t Know Ourselves

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Book SynopsisTHE INTERNATIONAL BESTSELLERLONGLISTED FOR THE WOMEN''S PRIZE FOR NONFICTIONA New Yorker Best Book of 2024 An Esquire Best Book of Fall 2024 Longlisted for the Andrew Carnegie Medal for Excellence in Nonfiction Finalist for the National Book Critics Circle John Leonard First Book Prize''Reads like a legal thriller'' ESQUIRE''As propulsive and affecting as it is infuriating'' VANITY FAIRA powerful work of reportage and American history that braids together the story of the forced removal of Native Americans onto treaty lands in the nation's earliest days, and a small-town murder in the 1990s that led to a Supreme Court ruling reaffirming Native rights to that land more than a century later.Before 2020, American Indian reservations made up roughly 55 million acres of land in the United States. By contrast, nearly 200 million acres are reserved for National Forests in the emergence of the United States as a nation, the government set aside more land for trees than for Indigenous peoples.In the 1830s, Muscogee people were rounded up by the US military at gunpoint and forced into exile halfway across the continent. At the time, they were promised this new land would be theirs for as long as the grass grew and the waters ran. But that promise was not kept. When Oklahoma was created on top of Muscogee land, the new state claimed their reservation no longer existed. Over a century later, a Muscogee citizen was sentenced to death for murdering another Muscogee citizen on tribal land. His defense attorneys argued that the murder occurred on the reservation of his tribe, and therefore Oklahoma didn't have the jurisdiction to execute him. Oklahoma asserted that the reservation no longer existed. In the summer of 2020, the Supreme Court settled the dispute. Its ruling would ultimately underpin multiple reservations covering almost half the land in Oklahoma, including the author's own Cherokee Nation.Here Rebecca Nagle recounts the generations long fight for tribal land and sovereignty in eastern Oklahoma. By chronicling both the contemporary legal battle and historic acts of Indigenous resistance, By the Fire We Carry stands as a landmark work of American history.

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Book SynopsisTrade Review“Benjamin Crump’s work – his research, his voice, his fight – is paramount to the black community. Open Season must occupy a dominant place in the classroom, in libraries, in the workplace, in police training programs. Crump’s masterful voice and expertise of America’s corrupt power structures will alter the hierarchy by which we dangerously abide.” — Patrisse Khan-Cullors, co-founder of Black Lives Matter and New York Times bestselling author of When They Call You a Terrorist “Ben Crump offers a deft and unflinching expose on America’s treatment of people of color. He charges America to live up to its status as the great “melting pot” by protecting and serving all of its citizens. His passionate voice lifts the true stories of wronged Americans off of the page and emblazoned them onto our hearts. A mouth-gaping read from one of the most steadfast champions for justice of our time.” — Kenya Barris, creator of Black-ish “There is much more to inequality and discrimination than we know, and Crump will open your eyes. Pay attention.” — Kirkus Reviews (starred review) “. . . alarming yet credible account.” — Publishers Weekly “. . . deeply disturbing account of how the justice system is used to maintain a system of inequality and justify the murder of black Americans.” — Book Riot "Ben Crump is a warrior on the front lines of the war for social justice. These notes from the legal battlefield of civil rights pushes us beyond lazy presumptions of where we are as a society to the hard truths of what we have achieved and how far we still have to go.” — Reginald Hudlin, writer, director, and producer

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Book SynopsisFact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mappTrade ReviewThe Transformation of Human Rights Fact-Finding is an invaluable and versatile publication for academics and practitioners. It has the potential to influence lawmakers and practitioners by providing accessible insights into the future of human rights fact-finding. The book constitutes a solid syllabus for postgraduate courses in human rights monitoring. Finally, it establishes the foundations for further academic research by clearly identifying the moving frontiers of knowledge in human rights fact-finding and connecting them to the needs of professionals on the ground. * Piergiuseppe Parisi, Journal of International Criminal Justice *Table of ContentsI. Introduction ; 1. Philip Alston and Sarah Knuckey, The Transformation of Human Rights Fact-Finding: Challenges and Opportunities ; II. Critical Perspectives on Human Rights Fact-Finding ; 2. Frederic Megret, Do Facts Exist, Can they Be 'Found', and Does it Matter? ; 3. Obiora Okafor, International Human Rights Fact-Finding Praxis: A TWAIL Perspective ; 4. Dustin N. Sharp, Human Rights Fact-Finding and the Reproduction of Hierarchies ; 5. Fionnuala Ni Aolain,The Gender Politics of Fact-Finding in the Context of the Women, Peace and Security Agenda ; 6. Daniel Bonilla, Legal Clinics in the Global North and South: Between Equality and Subordination ; III. Victims and Witnesses: Empowerment or Extraction? ; 7. Theo Boutruche, The Relationship between Fact-Finders and Witnesses in Human Rights Fact-Finding: What Place for the Victims? ; 8. Shreya Atrey, The Danger of a Single Story: Introducing Intersectionality in Fact-Finding ; 9. Rosette Muzigo-Morrison, Victims and Witnesses in Fact-Finding Commissions: Pawns or Principal Pieces? ; 10. Daniel Rothenberg, The Complex Truth of Testimony: A Case Study of Human Rights Fact-Finding in Iraq ; 11. Laura Marschner, Implications of Trauma on Testimonial Evidence in International Criminal Trials ; IV. Fact-Finding for Advocacy, Enforcement, and Litigation: Purposes and Cross Purposes ; 12. Larissa van den Herik and Catherine Harwood, Commissions of Inquiry and the Charm of International Criminal Law: Between Transactional and Authoritative Approaches ; 13. Carsten Stahn and Dov Jacobs, The Interaction between Human Rights Fact-Finding and International Criminal Proceedings: Towards a (New) Typology ; 14. Pablo de Greiff, Truth without Facts: On the Erosion of the Fact-Finding Function of Truth Commissions ; 15. Taylor Pendergrass, Human Rights Fact-Finding in the Shadows of America's Solitary Confinement Prisons ; V. The Role of Interdisciplinary Expertise and Methodologies ; 16. Margaret L. Satterthwaite and Justin C. Simeone, A Conceptual Roadmap for Social Science Methods in Human Rights Fact-Finding ; 17. Brian Root, Numbers are Only Human: Lessons for Human Rights Practitioners from the Quantitative Literacy Movement ; 18. Allison Corkery, Investigating Economic, Social, and Cultural Rights Violations ; VI. New Technologies: Crowdsourcing, Social Media, and Big Data ; 19. Molly K. Land, Democratizing Human Rights Fact-Finding ; 20. Patrick Ball, The Bigness of Big Data: Samples, Models, and the Facts We Might Find When Looking at Data ; 21. Jay D. Aronson, Mobile Phones, Social Media, and Big Data in Human Rights Fact-Finding: Possibilities, Challenges, and Limitations ; 22. Susan R. Wolfinbarger, Remote sensing as a Tool for Human Rights Fact-Finding ; 23. Patrick Meier, Big (Crisis) Data: Humanitarian Fact-Finding with Advanced Computing ; VII. Does Human Rights Fact-Finding Need International Guidelines? ; 24. Diane Orentlicher, International Norms in Human Rights Fact-Finding ; 25. Rob Grace and Claude Bruderlein, Developing Norms of Professional Practice in the Domain of Monitoring, Reporting, and Fact-Finding ; Index

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Book SynopsisThe term gender was first distinguished from sex in the 1950s when psychologists began to discuss the idea of gender roles, behaviors and responsibilities given to people by a society rather than flowing from their biology. Since then, leaders across disciplines have sought to better understand the roles of biology, psychology, and culture on gender. New language has emerged alongside rich scientific inquiry and research. Increased visibility of transgender and nonbinary communities has brought awareness to a range of gender diverse experiences, while legal battles, wage disparities, and health inequities continue to prove gender''s relevancy in today''s world. In this book, Laura Erickson-Schroth and Benjamin Davis guide readers through the knowns and unknowns of gender, asking questions such as: What is the difference between sex, gender identity, and gender expression? Were ancient societies matriarchal? How different are male and female brains, really? What role does language play in the ways we think about gender? What do we know about sex and gender in non-human species? What are the current frontiers in gender equality?Gender: What Everyone Needs to Know is an easy-to-read guide that takes readers on a much-needed tour of perspectives on gender and identity in the 21st century. The book is written in a question-and-answer format, and Erickson-Schroth and Davis cover topics such as current definitions; the history of gender as concept; the role of biology, psychology, and culture on gender; and gender norms over time and across the globe.Trade ReviewA useful introductory text for anyone who wants to learn more about gender, providing a broad overview of a huge range of pertinent subtopics ... the book considers gender in society, evaluating everything from gendered language to gendered violence and gender-based laws. * S. K. Fields, CHOICE *Table of ContentsChapter 1. Gender 101 Chapter 2. The History of Gender Chapter 3. Gender and Biology Chapter 4. Gender and Psychology Chapter 5. Gender, Society and Behavior Chapter 6. Contextualizing Gender Chapter 7. The Future of Gender

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Book SynopsisThe Immigration Law Handbook brings together the key materials relevant to Immigration and Asylum Law in one volume, providing an essential reference tool for those working in the area. Key changes in this edition include updates relating to the UK's withdrawal from the European Union, and changes to the Rules resulting from the COVID-19 pandemic.Table of ContentsStatutes Procedure Rules and Practice Directions Immigration Rules Statutory Instruments European Materials International Materials

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Book SynopsisConcentrate Q&AHuman Rights and Civil Liberties guides you through how to structure a successful answer to a legal problem. Whether you are preparing for a seminar, completing assessed work, or in exam conditions, each guide shows you how to break down each question, take your learning further, and score extra marks.Trade ReviewReview from previous edition 100% would recommend. Makes you feel like you will pass with flying colours * Elysia Marie Vaughan, University of Hertfordshire *I would not hesitate to recommend this book to a friend * Blessing Denhere, Coventry University *I would strongly recommend Q&A guides. They have vastly improved my structuring of exam answers and helped me identify key components of a high quality answer * Hayden Roach, Bournemouth University *

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Book SynopsisThough the Qatar 2022 FIFA Men''s World Cup is for many a symbol of long-standing corruption and human rights problems, the event may actually represent something entirely new. Megasports are now demonstrating a capacity to leave what this book calls a human rights and anti-corruption legacy: norms, practices, policies, or laws that have application beyond sport, are likely to endure after the event, and the implementation of which is accelerated by hosting the event. In the 2010s, Brazil''s hosting of the FIFA Men''s World Cup and Summer Olympics, and then South Korea''s hosting of the Winter Olympics, left what this book calls reactive, accidental, and one-dimensional anti-corruption legacies. Most would be shocked to find that Qatar now moves this legacy concept forward, undertaking to create megasports'' first intentional and proactive human rights legacy. The first and perhaps best opportunity to build a proactive, intentional, and two-dimensional human rights and anti-corruption legacy lies in France, as it prepares to host the 2024 Paris Summer Olympics while implementing new landmark anti-corruption and human rights laws. The concept may still advance in Australia and New Zealand (2023 FIFA Women''s World Cup) and Italy (2026 Milan Cortina Winter Olympics). However, the United Bid of Canada, the United States, and Mexico has promised the first proactive, intentional, and two-dimensional legacy around the 2026 FIFA Men''s World Cup. The book analyzes existing megasport policies and practices, then suggests reforms to acknowledge and support these new legacies.Trade ReviewSpalding proposes a constructive approach for organisers of MSE to consciously create human rights and anti-corruption legacies. * Bernd Justin Jütte, Irish Jurist *Table of ContentsPreface Abbreviations PART I: ORIGINS OF A HUMAN RIGHTS AND ANTI-CORRUPTION LEGACY Chapter 1. From the Founding through Globalization: Preconditions of the New Legacy Chapter 2. Toward Globalized Standards: Human Rights Due Diligence and Anti-Corruption Compliance PART II: EARLY INTIMATIONS OF A NEW LEGACY Chapter 3. An Awakening: Brazil's 2014 FIFA Men's World Cup and 2016 Rio de Janeiro Summer Olympics Chapter 4. A Pattern Emerges: South Korea's 2018 Pyeongchang Winter Olympics PART III: PROGRESSING TOWARD A PROACTIVE, INTENTIONAL, AND TWO-DIMENSIONAL LEGACY Chapter 5. The First Intentional and Proactive Human Rights Legacy: Qatar's 2022 FIFA Men's World Cup Chapter 6. A Large But Latent Legacy: the Paris 2024 Summer Olympics Chapter 7. Future Legacy Opportunities: Australia and New Zealand 2023; Italy 2026; and the U.S., Canada, and Mexico 2026 PART IV: BUILDING A FRAMEWORK Chapter 8. The Legal Foundation: The Host-City/Country Contract Chapter 9. How Reforms Create Legacies: Constructing a Model Chapter 10. Conclusion: A How-To Guide

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Book SynopsisTrade ReviewWith this latest work, Holt envisions a more complete Civil Rights Movement, one that reveals exactly what was at stake for Black Americans at the micro and macro levels of the time in their quest for equality...This book holds up a mirror to a pivotal, progressive, and painful time in this nation's past, which is precisely what Americans need more of right now. * A. O. Yeboah, CHOICE *Despite their brevity, the six chapters offer a wealth of information and interpretive insight on the nature of the post-World War II African American freedom struggle. Holt's command of the secondary literature is sure-handed and reliable, and his conclusions about the complexities of racial discrimination and resistance bear the mark of a veteran scholar at the top of his game. Indeed, it is difficult to imagine a more valuable or thought-provoking introduction to the history of a movement that changed all of our lives. * Raymond Arsenault, Journal of Southern History *A concise, lucid and well-balanced account by one of America's best historians of the topic. * Tony Barber, Financial Times *A succinct but nuanced overview of the origins, objectives and achievements of the civil rights movement ... Holt pays particular attention to the ordinary people and communities who took significant risks to make up the body of the movement. * Ellie Cawthorne, BBC History Magazine *[This] concise but comprehensive history of the US civil rights movement pulls off an ambitious balancing act, placing the African-American fight for equality within its wider political and social context - all without losing sight of the campaigners on the frontline ... a hugely humanistic overview. * BBC History Revealed *A bold and vivid story of the everyday human made heroic... Concise and riveting, The Movement is an excellent work for those seeking an examination of the US civil rights movement from a perspective somewhat rare in more mainstream histories. And for those seeking a deeper involvement, it is a good introduction. * Ron Jacobs, Morning Star *Thomas Holt's book on the history of the Civil Rights era, The Movement: The African American Struggle for Civil Rights is a valuable and incisive work that covers the broad era of civil rights in an accessible but also rigorous manner...The Movement is a valuable resource for thinking through the Civil Rights era and its impact on American history. * Robert Green, Clafin University, USA, Journal of Contemporary History *Table of ContentsAcknowledgements Table of Contents List of Illustrations Introduction: Carrie's Rebellion Chapter 1: Before Montgomery Chapter 2: Communities Organizing for Change: New South Cities Chapter 3: Communities Organizing for Change along the New South-Old South Divide Chapter 4: Organizing in "the American Congo": Mississippi's Freedom Summer and Its Aftermath Chapter 5: Freedom Movements in the North and the Quest for Black Power Chapter 6: Legacies: "Freedom is a Constant Struggle" Notes and References Further Readings

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Book SynopsisFor Kennedy devotees, as well as readers unfamiliar with the lion of the Senate, this book presents the compelling story of Edward Kennedy''s unexpected rise to become one of the most consequential legislators in American history and a passionate defender of progressive values, achieving legislative compromises across the partisan divide.What distinguishes Edward Kennedy: An Oral History is the nuanced detail that emerges from the senator''s never-before published, complete descriptions of his life and work, placed alongside the observations of his friends, family, and associates. The senator''s twenty released interviews reveal, in his own voice, the stories of Kennedy triumph and tragedy--from the Oval Office to the waters of Chappaquiddick. Spanning the presidencies of JFK to Barack Obama, Edward Kennedy was an iconic player in American political life, the youngest sibling of America''s most powerful dynasty; he candidly addresses this role: his legislative accomplishments and failures, his unsuccessful run for the White House, his impact on the Supreme Court, his observations on Washington gridlock, and his personal faults.The interviews and introductions to them create an unsurpassed and illuminating volume. Gathered as part of the massive Edward Kennedy Oral History Project, conducted by the University of Virginia''s Miller Center, the senator''s interviews allow readers to see how oral history can evolve over a three-year period, drawing out additional details as the interviewee becomes increasingly comfortable with the process and the interviewer. Yet, given the Kennedys'' well-known penchant for image creation, what the senator doesn''t say or how he says what he chooses to include, is often more revealing than a simple declarative statement.Table of ContentsPreface Editorial Note Chapter 1: Growing up Kennedy: Lessons from a Political Dynasty Chapter 2: The Making of a President: Campaigning for JFK and a Brother in the White House Chapter 3: Joining the Family Business: Teddy Goes to the Senate Chapter 4: Striving for Equality: Civil Rights-The Work Begins Chapter 5: Striving for Equality: Civil Rights-The Cause Continues Chapter 6: Transforming from Hawk to Dove: The Vietnam Dilemma Chapter 7: Trying to Restore Camelot: Bobby's 1968 Presidential Campaign and Its Aftermath Chapter 8: Challenging a President: The Quest for the 1980 Nomination Chapter 9: Shaping the Supreme Court: Judicial Appointment Battles Chapter 10: Holding on to a Senate Seat: The 1994 Campaign Struggle Chapter 11: Pursuing Peace: Kennedy's Irish-Catholic Roots and Northern Ireland Chapter 12: Creating a Melting Pot: Immigration Chapter 13: Escaping a Quagmire: The Iraq War Chapter 14: Fighting for Universal Health Care: The Dream of a Lifetime Chapter 15: Coming Home to Port: Summaries of a Historic Life Epilogue: Observations on Oral History Appendix: List of Edward M. Kennedy Oral History Project Interviews Index

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Book SynopsisFood, water, health, housing, and education are as fundamental to human freedom and dignity as privacy, religion, or speech. Yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book looks at the dynamic processes that render economic and social rights in legal form. It argues that processes of interpretation, enforcement, and contestation each reveal how economic and social interests can be protected as human and constitutional rights, and how their protection changes public law. Drawing on constitutional examples from South Africa, Colombia, Ghana, India, the United Kingdom, the United States and elsewhere, the book examines innovations in the design and role of institutions such as courts, legislatures, executives, and agencies in the organization of social movements and in the links established with market actors. This comparative study shows how legal systems protect economic and social rights by shifting the focus from minimuTrade ReviewSocial and economic rights are growing apace throughout the world. Anyone seeking a thoughtful and comprehensive overview of the different ways in which courts throughout the world are enforcing them could do no better than read this sharp-eyed and fluent book. * Albie Sachs *Katharine Young proposes an original theory about the development of economic and social rights, linking such development to their philosophical foundations, to their institutionalization in binding legal norms, and to their impacts in real life. It is an illuminating and well-informed account of how rights evolve, as a result of the tensions between these poles. This book is a breakthrough in scholarship on economic and social rights. * Olivier De Schutter, Former UN Special Rapporteur on the right to food (2008-2014), Member of the Committee on Economic, Social and Cultural Rights (2015-2018) *Young's work comes from a deeper sense of injustice with current world affairs and offers an imaginative and thought provoking account of the potential merits, and pitfalls, of rights based constitutionalism. * Jamie Burton, Public Law *A brilliant discussion of an extremely difficult subject of great importance to policy making and practical reasoning. Katharine Young's lucidity is exemplary, and so is the originality of her approach to human rights. * Amartya Sen, Nobel Prize winner in Economics and Thomas W. Lamont University Professor, and Professor of Economics and Philosophy, at Harvard University *Katharine Young's book is both an ideal introduction to the discourse of social and economic rights and an important advance of the field. She offers a spirited defense of the possibility of a human rights practice that is both grounded and emancipatory. Skeptics will find that their reservations are extensively and fairly considered. Activists will find many provocative challenges to their conventional wisdom. All readers will be grateful for her lucid and lively exposition. * William H. Simon, Arthur Levitt Professor of Law, Columbia Law School *Table of ContentsPART I: CONSTITUTING RIGHTS BY INTERPRETATION ; PART II: CONSTITUTING RIGHTS BY ENFORCEMENT ; PART III: CONSTITUTING RIGHTS BY CONTESTATION

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Book SynopsisCivil Liberties and Human Rights provides a straightforward and stimulating account of this fascinating area of law. This essential textbook covers all the key topics on undergraduate human rights modules including crucial areas such as police powers, privacy, freedom of expression, terrorism and public order. Detailed analysis of key cases throughout puts the law into context and encourages students to engage with contemporary issues and debates.Trade ReviewProvides an excellent foundation for students' understanding of key, complex, ever developing areas of human rights law * Sarah Willis, Senior Lecturer in Law, University of Northampton *Table of Contents1: Introduction 2: The Human Rights Act 1998: Overview 3: Personal liberty (Article 5) I: Stop, search, and arrest 4: Personal liberty (Article 5) II: Detention and questioning 5: Right to a fair trial: Article 6 6: Article 8: Right to respect for private life 7: Freedom of expression (Article 10) I: Official secrets and freedom of information 8: Freedom of expression (Article 10) II: Obscenity and indecency 9: Freedom to protest and public order law 10: Terrorism and human rights 11: Freedom from discrimination (Article 14)

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Book SynopsisThe definitive textbook for this fast-moving area of law, expertly guiding students through the key issues of immigration and asylum in the modern world. Clear analysis and commentary on the political and social impact of the law encourages the reader to develop a critical mindset.Table of ContentsSection 1. Laying the Foundations 1: History and sources of immigration law 2: Policy, politics, and the media 3: Nationality, citizenship, and right of abode Section 2. Enabling Principles: EU Free Movement and Human Rights 4: Freedom of movement for EU nationals 5: Immigration law and human rights Section 3. The System of Immigration Control 6: Crossing the border and leave to remain 7: Challenging decisions: appeals, administrative and judicial review Section 4. Entry to the UK 8: Family life 9: Entry for work, business, and study: the points-based system 10: Visitors: entry for temporary purposes Section 5. The Asylum Claim 11: The asylum process 12: Claims for international protection 13: Exclusion from asylum Section 6. Enforcement 14: Detention 15: Deportation 16: Removal

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Book SynopsisNow in its fifth edition, Harris, O''Boyle, and Warbrick: Law of the European Convention on Human Rights remains an indispensable resource for undergraduates, postgraduates, and practitioners alike. The new edition builds on the strengths of previous editions, providing an up-to-date, clear, and comprehensive account of Strasbourg case law and its underlying principles. It sets out and critically analyses each Convention article (including those addressed by relevant Protocols), and thoroughly examines the system of supervision. The book also addresses the pressures and challenges facing the Strasbourg system in the twenty-first century.Digital formatsThis fifth edition is available for students and institutions to purchase in a variety of formats.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/ebooksTrade ReviewReview from previous edition An excellent and really valuable book for the study of the law of the European Convention on Human Rights. * Elisenda Casanas Adam, Edinburgh Law School *This is the best book on the ECHR available. It is comprehensive, contains critique and covers all aspects of the ECHR I teach. * Merris Amos, Queen Mary, University of London *Table of ContentsPart I: The European Convention on Human Rights in Context 1: The European Convention on Human Rights in context Part II: Enforcement Machinery 2: Admissibility of applications 3: The European Court of Human Rights: Organization, practice, and procedure 4: The execution of the Court's judgments Part III: The Rights Guaranteed 5: Article 2: The right to life 6: Article 3: Freedom from torture or inhuman or degrading treatment or punishment 7: Article 4: Freedom from slavery, servitude, or forced or compulsory labour 8: Article 5: The right to liberty and security of the person 9: Article 6: The right to a fair trial 10: Article 7: Freedom from retroactive criminal offences and punishment 11: Article 8: The right to respect for private and family life, home, and correspondence 12: Article 9: Freedom of thought, conscience, and religion 13: Article 10: Freedom of expression 14: Article 11: Freedom of assembly and association 15: Article 12: The right to marry and to found a family 16: Article 13: The right to an effective national remedy 17: Article 14 (Freedom from discrimination in respect of protected convention rights) and Protocol 12 (Non-discrimination in respect of 'any right set forth by law') 18: Article 15: Derogation in time of war or other public emergency threatening the life of the nation 19: Articles 16-18: Other restrictions upon the rights 20: Article 1, First Protocol: The right to property 21: Article 2, First Protocol: The right to education 22: Article 3, First Protocol: The right to free elections 23: The fourth, sixth, seventh, and thirteenth protocols

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Book SynopsisA considered balance of depth, detail, context, and critique, Human Rights Law Directions offers the most student-friendly guide to the subject; it empowers students to evaluate the law, understand its practical application, and approach assessments with confidence.Table of Contents1. Human rights: the idea and the law2. The European Convention on Human Rights3. The European Convention and the law of the United Kingdom4. The Human Rights Act 1998 (1) rights and duties5. The Human Rights Act 1998 (2) proceedings and remedies6. Convention law: pervasive themes7. Ancillary rights8. Article 2 right to life9. Article 3 prohibition of torture10. Article 4 prohibition of slavery and forced labour11. Article 5 right to liberty and security12. Article 6 right to a fair trial13. Article 7 no punishment without law14. Introduction to Articles 8-1115. Article 8 right to respect for private and family life16. Article 9 freedom of thought, conscience, and religion17. Article 10 freedom of expression18. Article 11 freedom of assembly and association19. Article 12 right to marry20. Applications: police powers21. Applications: prisoners' rights22. Applications: media law and privacy23. Article 1 of the First Protocol protection of property24. Article 2 of the First Protocol right to education25. Article 3 of the First Protocol right to free elections26. Anti-terrorism law and human rights

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Book SynopsisThe law of defamation contemplates the clash of two fundamental rights: the right to freedom of expression, including freedom of the media, and the right to reputation. The rules of defamation law are designed to mediate between these two rights. The central proposition that this book makes is that defamation law needs to be reformed to balance the conflicting rights. This discussion flows from a theoretical analysis of the rights in issue; the value underlying the right to reputation that has most resonance is human dignity, while the value that is most apposite to freedom of expression in this context is the argument that free speech is integral to democracy. The argument from democracy emphasizes that speech on matters of public interest should receive greater protection than private speech. This book argues that fundamental rules of defamation law need to be reformed to take into account the dual importance of public interest speech on the one hand, and the right to human dignity oTable of Contents1. Introduction ; 2. The Right to Reputation ; 3. Freedom of Expression and Freedom of the Media ; 4. Public Speech ; 5. The Presumption of Falsity ; 6. Fault and Defamation Liability ; 7. Aspects of Damages and Costs ; 8. Alternative Remedies ; 9. Conclusion

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Book SynopsisOpening with a discussion of the shifting conceptions of European democracy, this volume proceeds to look at key areas of substantive law against the backdrop of the Constitutional Treaty, from Foreign Relations to Fundamental Rights, Social Policy to Justice and Home Affairs. It also examines potential solutions to the constitutional crisis.Table of Contents1. Introduction ; 2. European Democracy Between Two Ages ; 3. Direct effect, indirect effect, supremacy and the evolving constitution of the European Union ; 4. Respecting Fundamental Rights in the New Union: A Review ; 5. Social Policy Revisited in the Light of the Constitutional Debate ; 6. The Area of Freedom, Security and Justice and the European Union's Constitutional Dialogue ; 7. Unity and Pluralism in the EU's Foreign Relations Power ; 8. 'Euro-visions'? Some Thoughts on Prospects and Mechanisms for Future Constitutional Change in the European Union

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Book SynopsisIn the past two decades,''civil society'' has become a central organizing concept in the social sciences. Occupying the middle ground between the state and private life, the civil sphere encompasses everything from associations to protests to church groups to nongovernmental organizations. Interest in the topic exploded with the decline of statism in the 1980s and 1990s, and many of our current debates about politics and social policy are informed by the renewed focus on civil society. Michael Edwards, author of the most authoritative single-authored book on civil society, serves as the editor for The Oxford Handbook of Civil Society. Broadly speaking, the book views the topic through three prisms: as a part of society (voluntary associations), as a kind of society (marked out by certain social norms), and as a space for citizen action and engagement (the public square or sphere). It does not focus solely on the West (a failing of much of the literature to date), but looks at civil socTrade ReviewThe Oxford Handbook of Civil Society presents a kaleidoscope of views...The entries are concise and well-written, focusing on major issues of contention in academic debate, thus providing ideal readings for classes and for introduction to the topic. * Choice *Spectacularly readable...Michael Edwards, its editor, has taken on the daunting task over the past few decades of actually trying to understand one of the slipperiest ideas social scientists and philosophers have employed over the past few centuries. Edwards has written clearly on the subject, has funded research and action to enhance this understanding, and in this volume, calls upon a talented network of his colleagues to illuminate the civil society concept in a remarkable display of good sense and intellectual persuasion. * Voluntas *Table of ContentsPart 1. Introduction ; 1. Introduction, Michael Edwards ; 2. The History of Civil Society Ideas, John Ehrenberg ; Part 2. The Forms of Civil Society ; 3. The Non-Profit Sector, Steven R. Smith ; 4. Development NGOs, Alan Fowler ; 5. Grassroots Associations, Frances Kunreuther ; 6. Social Movements, Donatella Della Porta and Mario Diani ; 7. Social Enterprise and Social Entrepreneurs, Alex Nicholls ; 8. Global Civil Society, Lisa Jordan ; Part 3. Geographical Perspectives ; 9. Civil Society in the United States, Theda Skocpol ; 10. Civil Society in Latin America, Evelina Dagnino ; 11. Civil Society in Post-Communist Europe, Marc Morje Howard ; 12. Civil Society in the Middle East, Eberhard Kienle ; 13. Civil Society in China, Jude Howell ; 14. Civil Society in India, Neera Chandhoke ; 15. Civil Society in Sub-Saharan Africa, Ebenezer Obadare ; Part 4. The Norms of Civil Society ; 16. Civil Society and Social Capital, Michael Woolcock ; 17. Civil and Uncivil Society, Clifford Bob ; 18. Civil Society and Civility, Nina Eliasoph ; 19. Civil Society and Equality, Sally Kohn ; 20. Civil Society and Diversity, Hilde Coffe and Catherine Bolzendahl ; 21. Civil Society and Religion, Donald E. Miller ; 22. Civil Society and Spirituality, Claudia Horwitz ; Part 5. The Spaces of Civil Society ; 23. Civil Society and Government, Nancy L. Rosenblum and Charles H.T. Lesch ; 24. Civil Society and Civil Liberties, Mark Sidel ; 25. Civil Society and the Public Sphere, Craig Calhoun ; 26. Civil Society and Public Work, Harry C. Boyte ; 27. Civil Society in the Digital Age, Roberta G. Lentz ; 28. Civil Society and Public Journalism, Charles Lewis ; 29. Civic Knowledge, Peter Levine ; Part 6. The Achievements of Civil Society ; 30. Civil Society and Democracy, Mark E. Warren ; 31. Civil Society and Poverty, Solava Ibrahim and David Hulme ; 32. Civil Society and Peace, Jenny Pearce ; 33. Civil Society and Power, John Gaventa ; 34. Civil Society and the Market, Simon Zadek ; Part 7. Supporting Civil Society ; 35. Civil Society and Institutional Philanthropy, William A. Schambra and Krista L. Shaffer ; 36. Civil Society and Grassroots Philanthropy, G. Albert Ruesga ; 37. Assisting Civil Society and Promoting Democracy, Omar G. Encarnacion ; 38. Conclusion, Michael Edwards

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Book SynopsisThe subject of human rights in a pluralistic world is critical. Drawing on the vast traditions of India and the West, this volume is unique in providing interdisciplinary essays that range from theoretical, philosophical, normative, social, legal, and political issues in the conceptualization and application of a truly global understanding of human rights.Table of ContentsPART I THEORETICAL ISSUES; SONIA SIKKA; NIGEL DESOUZA; JAY DRYDYK; SUMI MADHOK; PART II NORMATIVE SOURCES AND INTELLECTUAL TRADITIONS; SHASHI MOTILAL; GORDON DAVIS; SHYAM RANGANATHAN; ASHWANI PEETUSH; PART III SOCIAL PRACTICES AND APPLIED CONTEXTS; BINDU PURI; GOPIKA SOLANKI; AMAR KHODAY; NIRAJA GOPAL JAYAL

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Book SynopsisHuman rights have traditionally been understood as protecting individual freedom against intrusion by the State. In this book, Sandra Fredman argues that this understanding requires radical revision. Human rights are based on a far richer view of freedom, which goes beyond being let alone, and instead pays attention to individuals'' ability to exercise their rights. This view fundamentally shifts the focus of human rights. As well as restraining the State, human rights require the State to act positively to remove barriers and facilitate the exercise of freedom. This in turn breaks down traditional distinctions between civil and political rights and socio-economic rights. Instead, all rights give rise to a range of duties, both negative and positive. However, because positive duties have for so long been regarded as a question of policy or aspiration, little sustained attention has been given to their role in actualising human rights. Drawing on comparative experience from India, SouthTrade Review[The volume] impressively refutes previously raised objections to social rights, develops the field with a truly universal vision and sense of the socio-philosophical aspects of the subject, and thereby achieves something undeniably important for the theoretical foundations of social rights * Eberhard Eichenhofer, University of Jena *This book is a sustained attempt to refocus the human rights debate and promote a more accurate picture of the field. It succeeds in this aim...Professor Fredman is to be commended for confronting directly a view of human rights that consistently impedes sensible debate...the book encourages innovation, whether through the courts or in the conversations that drive law, policy and practice forward...As work continues to explore how human rights objectives become credibly and effectively embedded within national traditions and contexts (for the overriding purpose of achieving just political, social and legal outcomes), this book is an impressive and welcome contribution which should generate more informed political and legal debate. * Colin Harvey, The Modern Law Review (72)6, 2009 *...a timely and valuable contribution to this growing field...Human Rights Transformed: Positive Rights and Positive Duties addresses difficult questions about courts and human rights with both insight and perception, covering a broad range of comparative experience in doing so. Fredman's book is a substantial contribution to theoretical and legal debates about human rights and social justice. Its subject matter resonates well with topics in law, socio-legal studies, politics and development studies. It is highly recommended. * Cathi Albertyn, Public Law 2010 *Table of ContentsIntroduction ; PART I: UNDERSTANDING POSITIVE DUTIES ; 1. Human Rights Values Refashioned: Liberty, Equality, and Solidarity ; 2. The Nature of the State: Democracy, Globalization, and Privatization ; PART II: JUDGING AND ENFORCING: COURTS AND COMPLIANCE ; 3. The Strcture of Positive Duties ; 4. Justiciability and the Role of Courts ; 5. Restructuring the Courts: Public Interest Litigation in the Indian Courts ; 6. Achieving Compliance: Positive Duties Beyond the Courts ; PART III: SUBSTANTIVE RIGHTS AND POSITIVE DUTIES ; 7. Equality ; 8. Socio-Economic Rights and Positive Duties

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Book SynopsisThis book provides a reference guide to the case law of the Inter-American Court of Human Rights. Structured in two parts, it covers the case law on jurisdiction and procedure before the Court and the case law on the scope of particular rights, drawing comparisons with the case law of the European Court of Human Rights.Trade ReviewA much needed and welcomed addition in the English Language regarding the development of a deeply interesting system of protection of human rights. * Humberto Fernando Cantú Rivera, Institute of Legal Research of the UNAM *Table of ContentsPART I: PROCEDURAL GUARANTEES; PART II: SUBSTANTIVE GUARANTEES; APPENDICES; SOURCES AND TABLES; BIBLIOGRAPHY; INDEX

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Book SynopsisChief Justice John Marshall argued that a constitution requires that only its great outlines should be marked [and] its important objects designated. Ours is intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs. In recent years, Marshall''s great truths have been supplanted by originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed as it was in the eighteenth century--that judges must adhere to the original understandings of the founding law. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall''s vision. They describe their approach as constitutional fidelity--not to the indecipherable intent of the framers, but to the principles of the Constitution. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it

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Book SynopsisA liberal society stands on the proposition that we should all take seriously the idea that we might be wrong. The author makes a persuasive argument for the value of liberal science and the idea that conflicting views produce knowledge within society. The answer to bias and prejudice, he argues, is pluralism - not purism.Trade Review"Fiercely argued.... What sets his study apart is his attempt to situate recent developments in a long-range historical perspective and to defend the system of free intellectual inquiry as a socially productive method of channeling prejudice." (Michiko Kakutani, New York Times) "It is a melancholy fact that this elegant book, which is slender and sharp as a stiletto, is needed, now even more than two decades ago. Armed with it, readers can slice through the pernicious ideas that are producing the still-thickening thicket of rules, codes, and regulations restricting freedom of thought and expression." (George F. Will, from the foreword)"

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Book SynopsisIt's a common complaint: the United States is overrun by rules and procedures that shackle professional judgment, have no valid purpose, and serve only to appease courts and lawyers. This book argues, however, that few Americans would want to return to an era without these legalistic policies.Trade Review"An elegant study that combines historical, comparative, and at times even ethnographic learning, Making Rights Real reveals how fervor for professionalism and fears of lawsuits together shaped police policies and practices in the United States and in Britain as well as responses to sexual harassment and the safety of playgrounds. It will be indispensable for scholars of the law." - William Haltom, coauthor of Distorting the Law"

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