Law: Human rights and civil liberties Books
Cambridge University Press Civil Rights
Book SynopsisAll of us are entitled to the protections of law against violence, to a high quality education, to decent employment that respects our dignity, and to necessary assistance with our caregiving. Our civil rights are our rights to the protections of ordinary law - not constitutional law, and not only antidiscrimination law - that will ensure that we can participate in civil society, and hence lead flourishing lives. In this innovative work, Robin L. West looks back to nineteenth-century Civil Rights Acts to argue that the point of civil rights law is not only non-discrimination, but also to assure that all of us receive the protection of legal rights that promote human flourishing. Since the 1960s, Supreme Court decisions on civil rights issues have focused on non-discrimination and thus have ''hollowed out'' this broader meaning of civil rights law. This book reconceives civil rights as a set of legal guarantees that all will be included in the legal, political, economic and social projeTrade Review'… this is a well-researched tome that includes copious footnotes … this volume is a sound accomplishment …' S. A. Merriman, ChoiceTable of ContentsIntroduction; 1. The antidiscrimination principle and its discontents; 2. Residues of injustice: formal equality and civil rights; 3. Toward a jurisprudence of civil rights; 4. A frayed quilt: our lost, imperfect, and unimagined civil rights; 5. Protecting rights to enter: constitutional rights and civil rights in conflict; Conclusion.
£24.29
Cambridge University Press Beyond Borders
a huge range and FREE tracked UK delivery on ALL orders.
£23.75
Cambridge University Press Disability Human Rights and Contract Law
Book Synopsis
£95.00
Bristol University Press Advising in Austerity
Book SynopsisAdvising in austerity provides a lively and thought-provoking account of the conditions, consequences and challenges of advice work in the UK. It examines how advisors negotiate the private troubles of those who come to Citizens Advice Bureaux (CAB) and construct ways forward.Trade Review"Citizens Advice Bureaux operate at the meeting point between private troubles and public issues. By considering the challenges faced by advisors and their clients, this unique book offers a chastening insight into the realities of austerity and recent social policy." David Skinner, Anglia Ruskin University"An excellent, empirically-rich account of the key role played by advice agencies of different kinds in helping individuals to deal with the challenges of austerity." Rhys Jones, Aberystwyth University"Bringing together vivid case studies and insightful commentary from 'front line' providers, Advising in Austerity is a very welcome addition to the literature on legal aid and advice." Sarah Moore, University of BathTable of ContentsIntroduction ~ Samuel Kirwan, John Clarke, Morag McDermont and Alison Kite; Part 1; Case study one: 'Lucy': the barriers to accessing advice ~ Jennifer Harris; A reflection on Case study one: the barriers to accessing advice – reflections on Lucy's story ~ Sue Evans; Citizens Advice in austere times ~ Morag McDermont; The Advice Conundrum: How to satisfy the competing demands of clients and funders. An interview with Gail Bowen-Huggett; The shift to digital advice and benefit services: implications for advice providers and their clients ~ Jennifer Harris; Part 2; Case study two: 'Laura': the effect of fees upon the Employment Tribunal process ~ Eleanor Kirk; A reflection on Case study two: Laura and the effect of fees ~ Michael Ford QC; The costs of justice: barriers and challenges to accessing the employment tribunal system ~ Nicole Busby; Justice and legal remedies in employment disputes: adviser and advisee perspectives ~ Eleanor Kirk; Precarity and 'austerity': employment disputes and inequalities ~ Adam Sales; Part 3; Case study three: 'Brian': an unrepresented claimant ~ Eleanor Kirk; A reflection on Case study three: 'Brian' ~ Joe McGlade; Power and legality in benefits advice ~ Alison Kite; Getting from the story of a dispute to the law ~ Emily Rose; "Advice on the law but not legal advice so much": weaving law and life into debt advice ~ Samuel Kirwan; Reflections on advising in austerity ~ John Clarke.
£11.39
New York University Press Policing Unrest
Book SynopsisAn up-close account of policing during the Ferguson protests, providing insights from both police officers and members of the communityPolicing Unrest presents the frontline experiences of police officers during the intense three weeks of protest, vigils, looting, violence, and large civil demonstrations in and around Ferguson, Missouri, following the fatal shooting of Michael Brown by a police officer. Looking closely at the lived experiences of police officers and community residents, Tammy Rinehart Kochel raises important questions about police-community relations and the role of police as peacekeepers in support of social justice. Drawing on interviews with dozens of police personnel who policed the protests, Kochel offers insight into their shared experiences and provides compelling personal accounts of how they performed their jobs during the protest. The book covers a range of topics such as police-community relationships and community policing principles; how factors such as Trade ReviewPolicing unrest has become a key problem for American policing over the last decade, and one that has raised questions about the role of police in American society. This book is an essential read for anyone who wants to depart from the rhetoric and understand the problem from the perspectives of police and the community. * David Weisburd, co-editor of Police Innovation: Contrasting Perspectives *Policing Unrest is a significant and timely book that highlights the importance of addressing the Ferguson protests and the ongoing tensions between Black communities and law enforcement. Using both theoretical nuance and empirical evidence, Tammy Rinehart Kochel gives voice to both police officers and community residents to raise and deliberate policy questions about improving police-community relations. * Jennifer E. Cobbina, author of Hands Up, Don't Shoot: Why the Protests in Ferguson and Baltimore Matter, and How They Changed America *Kochel affords readers a vantage point on protests that they will not find in journalism or social media: that of officers who policed – and were the objects of – protests in Ferguson, Missouri. She adroitly weaves extant theory through new empirical evidence not only to tell the story of protest policing and its aftermath, but also to shine new light on core issues of policing through the prism of the protests and the larger crisis of police legitimacy. * Robert E. Worden, co-author of Mirage of Police Reform: Procedural Justice and Police Legitimacy *
£55.50
Stanford University Press The Art of Revolt: Snowden, Assange, Manning
Book SynopsisEdward Snowden, Julian Assange, and Chelsea Manning are key figures in the struggles playing out in our democracies over internet use, state secrets, and mass surveillance in the age of terror. When not decried as traitors, they are seen as whistle-blowers whose crucial revelations are meant to denounce a problem or correct an injustice. Yet, for Geoffroy de Lagasnerie, they are much more than that. Snowden, Assange, and Manning are exemplars who have reinvented an art of revolt. Consciously or not, they have inaugurated a new form of political action and a new identity for the political subject. Anonymity as practiced by WikiLeaks and the flight and requests for asylum of Snowden and Assange break with traditional forms of democratic protest. Yet we can hardly dismiss them as acts of cowardice. Rather, as Lagasnerie suggests, such solitary choices challenge us to question classic modes of collective action, calling old conceptions of the state and citizenship into question and inviting us to reformulate the language of critical philosophy. In the process, he pays homage to the actions and lives of these three figures.Trade Review"This short, lucid book makes the case that the new security state's use of pervasive techniques of surveillance and data mining has engendered new forms of digital resistance. A manifesto of sorts, The Art of Revolt makes an argument friendly to specialists and non-specialists alike and offers a challenge for everyone concerned with today's new forms of political protest and alliance."—Judith Butler, University of California, Berkeley"Geoffroy de Lagasnerie is arguably one of the most talented of the new wave of French theory. In this incisive and unflinching book, he compellingly exposes the hardened skin of the perverse forms of power that endanger our liberties in this age of mass surveillance."—Achille Mbembe, author of The Critique of Black Reason"The Art of Revolt offers a striking and radical new perspective on truth-tellers in the Internet age: how they leak, wield anonymity, and find asylum in ways that break radically with established practices to effect change. Lagasnerie brings ideas to the table that even I, an insider, had never considered. Whether you agree or disagree with the actions of his protagonists, this book is a must-read for grasping the significance and innovation of their work. Its compelling ideas will inspire all readers to reflect on how they can engage productively in the betterment of our societies."—Sarah Harrison, Director of the Courage Foundation and WikiLeaks Associate"Lagasnerie discusses Edward Snowden, Julian Assange, and Chelsea Manning as developers of a new political art, a "different way of understanding what it means to resist"....This volume is of most interest to scholars of civil liberties and international communication....Recommended."—W.C. Johnson, CHOICE"Whether Julian Assange, Chelsea Manning, and Edward Snowden are traitors or heroes is one of those 'debates' that is yet to be settled... Geoffroy de Lagasnerie's The Art of Revolt is not an account of these whistleblowers' deeds, but rather an interrogation of the categories and assumptions implicit in such questions."—Dzmitry Tsapkou, Cultural Critique
£18.89
Stanford University Press #HumanRights: The Technologies and Politics of
Book SynopsisSocial justice and human rights movements are entering a new phase. Social media, artificial intelligence, and digital forensics are reshaping advocacy and compliance. Technicians, lawmakers, and advocates, sometimes in collaboration with the private sector, have increasingly gravitated toward the possibilities and dangers inherent in the nonhuman. #HumanRights examines how new technologies interact with older models of rights claiming and communication, influencing and reshaping the modern-day pursuit of justice. Ronald Niezen argues that the impacts of information technologies on human rights are not found through an exclusive focus on sophisticated, expert-driven forms of data management but in considering how these technologies are interacting with other, "traditional" forms of media to produce new avenues of expression, public sympathy, redress of grievances, and sources of the self. Niezen considers various ways that the pursuit of justice is happening via new technologies, including crowdsourcing, social media–facilitated mobilizations (and enclosures), WhatsApp activist networks, and the selective attention of Google's search engine algorithm. He uncovers how emerging technologies of data management and social media influence the ways that human rights claimants and their allies pursue justice, and the "new victimology" that prioritizes and represents strategic lives and types of violence over others. #HumanRights paints a striking and important panoramic picture of the contest between authoritarianism and the new tools by which people attempt to leverage human rights and bring the powerful to account.Trade Review"What is the connection between emerging information technologies and the rise of global human rights? Ronald Niezen addresses this question with imagination and acuity, exploring the extent to which their interplay portends a future of greater political domination, emancipatory potential, or a complex mix of both. A critical issue, and book, worthy of very close attention." -- John and Jean Comaroff * Harvard University *"No longer confined to the courts and clinical reports, the discourse of human rights is now claimed by activists marching in the streets, spray-painted on urban walls, and invoked to enroll participants and engage allies through social media. Ronald Niezen's groundbreaking and insightful book tracks the emergence of these new mediascapes and compellingly explains why they matter." -- Stuart Kirsch * author of Engaged Anthropology: Politics beyond the Text *"#HumanRights shines much-needed light on the use of digital information to illuminate human rights violations around the world. Ronald Niezen spotlights how human rights advocates' embrace of innovative methodologies is shifting the field of practice—to corroborate survivors' stories, verify contested facts, and ultimately contribute to the realization of justice." -- Alexa Koenig * UC Berkeley School of Law *"An insightful human rights analysis, intellectually rigorous and culturally nimble." -- Kirkus Reviews
£79.20
Bloomsbury Publishing PLC The EU Charter of Fundamental Rights: A
Book Synopsis“..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.Trade Review...this most thorough commentary must be regarded as the Bible on the Charter and it seems set to retain that status for some time, despite the relentless flow of new judgments, orders and A.G.s’ Opinions which appear on the Court’s website almost every week. Accordingly, it is a must for any lawyer with an interest in the subject. -- Peter Oliver * Common Market Law Review *The commentary is a profound standard work for the entire area of the European fundamental rights. -- Alfred Benny Auner * Newsletter Menschenrechte (Bloomsbury translation) *Table of ContentsPart I – Commentary on the Articles of the EU Charter of Fundamental Rights Article 1 – Human Dignity Catherine Dupré Article 2 – Right to Life Elizabeth Wicks Article 3 – Right to the Integrity of the Person Steve Peers Article 4 – Prohibition of Torture and Inhuman or Degrading Treatment or Punishment Maria-Teresa Gil-Bazo Article 5 – Prohibition of Slavery and Forced Labour Heli Askola Article 6 – Right to Liberty and Security Daniel Wilsher Article 7 (Private Life, Home and Communications) – Respect for Private and Family Life David Mangan Article 7 (Family Life Aspects) – Right to Respect for Private and Family Life Miriam Kullmann Article 8 – Protection of Personal Data Herke Kranenborg Article 9 – Right to Marry and Right to Found a Family Steve Peers Article 10 – Right to Freedom of Thought, Conscience and Religion Ronan McCrea Article 11 – Freedom of Expression and Information Lorna Woods Article 12(1) – Freedom of Assembly and of Association Filip Dorssemont Article 12(2) – Freedom of Assembly and of Association Jo Shaw and Lamin Khadar Article 13 – Freedom of the Arts and Sciences Debbie Sayers Article 14 – Right to Education Gisella Gori Article 15 – Freedom to Choose an Occupation and Right to Engage in Work Eleni Frantziou and Virginia Mantouvalou Article 16 – Freedom to Conduct a Business Michelle Everson and Rui Correia Gonçalves Article 17(1) – Right to Property Ferdinand Wollenschläger Article 17(2) – Right to Property Article 18 – Right to Asylum Maarten den Heijer Article 19 – Protection in the Event of Removal, Expulsion or Extradition Elspeth Guild Article 20 – Equality Before the Law Mark Bell Article 21 – Non-Discrimination Claire Kilpatrick and Hanna Eklund Article 22 – Cultural, Religious and Linguistic Diversity Rachael Craufurd Smith Article 23 – Equality between Women and Men Dagmar Schiek and Biljana Kotevska Article 24 – The Rights of the Child Ruth Lamont Article 25 – The Rights of the Elderly Colm O’Cinneide Article 26 – Integration of Persons with Disabilities Charlotte O’Brien Article 27 – Workers’ Right to Information and Consultation within the Undertaking Filip Dorssemont Article 28 – Right of Collective Bargaining and Action Catherine Barnard Article 29 – Right of Access to Placement Services Jeff Kenner Article 30 – Protection in the Event of Unjustified Dismissal Jeff Kenner Article 31 – Fair and Just Working Conditions Alan Bogg and Michael Ford Article 32 – Prohibition of Child Labour and Protection of Young People at Work Helen Stalford and Nuno Ferreira Article 33 – Family and Professional Life Jeff Kenner and Katrina Peake Article 34 – Social Security and Social Assistance Oxana Golynker Article 35 – The Right to Health Care Tamara Hervey and Jean McHale Article 36 – Access to Services of General Economic Interest Erika Szyszczak Article 37 – Environmental Protection Elisa Morgera and Gracia Marín Durán Article 38 – Consumer Protection Steve Weatherill Article 39 – Right to Vote and to Stand as a Candidate at Elections to the European Parliament Jo Shaw and Lamin Khadar Article 40 – Right to Vote and to Stand as a Candidate at Municipal Elections Kees Groenendijk Article 41 – The Right to Good Administration Paul Craig Article 42 – Right of Access to Documents Ivan Lazarov Article 43 – European Ombudsman Ian Harden Article 44 – Right to Petition Mats Lindfelt Article 45 – Freedom of Movement and of Residence Eleanor Spaventa Article 46 – Diplomatic and Consular Protection Eileen Denza Article 47 – Right to an Effective Remedy and to a Fair Trial Angela Ward Article 48 (Administrative Law) – Presumption of Innocence and Right of Defence Hanns Peter Nehl Article 48 (Criminal Law) – Presumption of Innocence and Right of Defence Debbie Sayers Article 49 – Principles of Legality and Proportionality of Criminal Offences and Penalties Valsamis Mitsilegas and Emmanouil Billis Article 50 – Right not to be Tried or Punished Twice in Criminal Proceedings for the same Criminal Offence Jonathan Tomkin Article 51 – Field of Application Angela Ward Article 52 – Scope and Interpretation of Rights and Principles Steve Peers and Sacha Prechal Article 53 – Level of Protection Bruno de Witte Article 54 – Abuse of Rights Lorna Woods Part II – Reflections on the EU Charter of Fundamental Rights The Place of the Charter in the European Legal Space Koen Lenaerts and José Antonio Gutiérrez-Fons The Asymmetrical Impact of Article 47 of the Charter on National and EU Remedies Albertina Albors-Llorens The Charter and Universal Human Rights Instruments Allan Rosas Mutual Trust and the Charter: A Salutary Irish Example Gerard Hogan The Implementation of the Charter of Fundamental Rights by the EU Member States (as Reflected in the Work of the EU Fundamental Rights Agency) Gabriel N Toggenburg The Charter and the General Court Alexander Kornezov The ‘Dublin Regulation’ and the Charter: An Impetus for Change Doyin Lawunmi Fundamental Social Rights in the Charter – Are They Rights? Are They Fundamental? Niilo Jääskinen Part III – Commentary on the Treaty of EU Accession to the European Convention on Human Rights EU Accession to the ECHR Tobias Lock
£315.00
Bloomsbury Publishing PLC Cyberbullying and Sexting: Regulatory Challenges in the Digital Age
Book SynopsisDrawing on two empirical studies and influential theoretical frameworks, this book provides a critical overview of the key regulatory challenges concerning cyberbullying and sexting behaviours among young people (persons under 18 years). The author explores issues such as conceptualising the behaviours, examining the prevailing presence of sexism, myths and stereotypes surrounding gender roles and identity, and the limitations of criminal law as an effective regulatory tool. In doing so, identifying peer-based sexting behaviours as part of a continuum of sexual behaviour is promoted alongside the need to consider interventions beyond the legal landscape and in line with the United Nations Convention on the Rights of the Child. In the main, priority is given to non-legal responses and the need for more effective and comprehensive gender-sensitive education programmes. The book therefore provides a more developed conceptual understanding of sexting and cyberbullying behaviours among young people.Table of Contents1. Introduction 2. Young People who Display Harmful Behaviours: Theoretical and Empirical Perspectives 3. Young People who Display Harmful Sexual Behaviour: A Review 4. Narratives on 'Cyberbullying' Among Young People 5. Narratives on Sexting Among Young People 6. Peer-Based Sexting, Law and Issues of Consent 7. Sexting Among Young People: A Continuum of Sexual Behaviour 8. Cyberbullying and Sexting: Law and Policy 9. Conclusion
£85.00
Bloomsbury Publishing PLC Building Bridges in European and Human Rights Law: Essays in Honour and Memory of Paul Heim CMG
Book SynopsisThis unique book, formed as a series of essays in honour of the memory of Paul Heim CMG, the founder of Lincoln’s Inn European Group, focusses on the building of bridges between individuals and institutions in European, international, and human rights law. The book features contributions from some of the foremost current or former European and international judges; leading practitioners and officials, each with links to Lincoln’s Inn, and former recipients of Lincoln’s Inn’s dedicated scholarship programmes. The approachable style of the book makes it readily accessible for a wide range of readers including legal scholars, practitioners, students, and those with a general interest in the application of the law and justice in today’s interconnected world. Each contribution provides personal reflections and expertise on selected aspects of European and human rights law, and the personal, professional, and technical bridges involved in their development and maintenance, together with insights into their future. The book provides multi-level perspectives on the Court of Justice of the European Union, the EFTA Court, the European Court of Human Rights, and the International Criminal Court, and the interaction of their jurisprudence with domestic law and between themselves, alongside our ever-evolving societies.Table of ContentsPhotograph of Paul Heim CMG Foreword Koen Lenaerts Preface The Treasurer Table of Contents About the Authors Part I: Attributing Humanity Introducing Paul Heim The Editors Paul Heim – A Tribute John Samuels The European Court of Human Rights: the Transition from Old Court to New Nicolas Bratza Horizontal Application of Fundamental Rights Millie Polimac Human Dignity in the Digital Age Edite Ligere Who is afraid of the European Court of Human Rights? Egbert Myjer Part II: Administering Justice Fundamental Rights: A Dialogue between Three European Courts or Even More? Bernd Hammermann The relationship between the CJEU and ECHR - a snapshot Tim Eicke How far are the rules of interpretation going to bend to enable the Northern States to deliver democracy to the Third World? Martin Dabrowski Narrowing the accountability gap: A new vision for collective action in pursuit of justice for grave breaches of human rights Karim A. A. Khan Fact & Fiction in Tax: The VAT Group as a Fiscal Chimera David Scorey Taking back control or giving it all away? Jurisdiction in fraud claims Sparsh Garg Bridge to nowhere: the right to integrity and the accuracy and weight of the Charter Explanations Niall Coghlan Part III: Maintaining Bridges The Importance of Building Legal Bridges for International Relations and Foreign Policy Margaret McGowan-Smyth The Failed EU-Switzerland Framework Agreement and the UK Carl Baudenbacher Supremacy of EU Law and the Brexit Acquis Suzanne Rab The EEA EFTA-UK Free Trade Agreement: Continuity or Rather Something New? Michael-James Clifton A Registrar Who Was Also A Mentsch Eleanor Sharpston Afterword Francis Jacobs
£85.00
Bloomsbury Publishing PLC Islam, Religious Liberty and Constitutionalism in Europe
Book SynopsisFor centuries, since the Roman Empire’s adoption of Christianity, the continent of Europe has been perceived as something of a Christian fortress. Today, the increase in the number of Muslims living in Europe and the prominence of Islamic belief pose questions not only for Europe’s religious traditions but also for its constitutional make up. This book examines these challenges within the legal and political framework of Europe. The volume’s contributors range from academics at leading universities to former judges and politicians. Its 19 chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches. This book will appeal not merely to academics and law students in the UK and the EU, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists and members of NGOs. It explores these contested relationships to open up new spaces in how we think about religious freedom and co-existence in Europe and the crucial role that Islam has had, and continues to have, in its development.Table of Contents1. Islam, Religious Liberty and Constitutionalism in Europe: An Introduction, Mark Hill KC (University of Notre Dame, UK) and Lina Papadopoulou (Aristotle University of Thessaloniki, Greece) Part I: Constitutional Challenges 2. Religious Freedom for Muslims: A Challenge to the Historical Foundations and Resilience of European Constitutionalism, Evangelos Venizelos (Aristotle University of Thessaloniki, Greece) 3. When History Cripples the Future for Muslims in Europe: The Struggle between Two Notions of Constitutionalism, Ali Rashid Al-Nuaimi (United Arab Emirates Federal National Council) 4. European Values and Islam, Maurits S Berger (Leiden University, the Netherlands) 5. Old and New Islam in Europe: A Methodological Approach, Konstantinos Tsitselikis (University of Macedonia, Greece) 6. Constitutionalism, Populism and Islam in Europe, Andrea Pin (University of Padua, Italy) Part II: Religious Freedom and Other Human Rights 7. Respecting Human Rights by Reconciling the Rights of Muslim Communities and State Policies, Francis Messner (University of Strasbourg, France) 8. Equality and Difference: Muslim Religious Practice, Religious Tribunals and Muslim Women, Samia Bano (University of London, UK) 9. From Foreigners to Citizens: Freedom of Religion, Education and Policies for Social Integration of Muslim Minors, Enrica Martinelli (University of Ferrara, Italy) 10. Regulating Islam: Limitations on Freedom of Religion in Denmark, Niels Valdemar Vinding (University of Copenhagen, Denmark) Part III: Supranational and Comparative Approaches 11. Islamic Headgear: The Case Law of the European Court of Human Rights, Vincent A De Gaetano (European Court of Human Rights, France) 12. Hunting Grounds for Religious Slaughter: A Case Study from the Court of Justice of the European Union, Wolfgang Wieshaider (University of Vienna, Austria) 13. Reasonable Accommodation of Islamic Practices: Europe and America Compared, Ioannis Papadopoulos (University of Macedonia, Greece) 14. Divine Command and Religious Liberty: A Theological Reflection on Islamic Constitutionalism, Mahan Mirza (University of Notre Dame, USA) Part IV: Securitisation and Islamophobia 15. Muslims in Europe: Religious Freedom and Security, Agustín Motilla (University Carlos III of Madrid, Spain) 16. The Legal Treatment of Islamophobic Speech in Europe, Lina Papadopoulou (Aristotle University of Thessaloniki, Greece) 17. Security and Liberty in the Shadow of Islamophobia in Europe, Merilin Kiviorg (University of Tartu, Estonia) 18. The European Debate on Restrictions on Foreign Funding of Islam, Zoila Combalía (University of Zaragoza,Spain) 19. Islamophobia, Xenophobia and Religion in the European Union: A Quantitative Analysis, Anastasia Litina (University of Macedonia, Greece) and Konstantinos Papastathis (Aristotle University of Thessaloniki, Greece)
£95.00
Bloomsbury Publishing PLC Presumption of Innocence Under Chinas National Conditions
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£85.00
Intersentia Ltd Fundamental Rights Violations by Private Actors
Book SynopsisArticle 34 of the European Convention on Human Rights prescribes that individual applications must be directed against one of the Convention States. Consequently, private actors involved in proceedings against other private actors before domestic courts must complain about State (in)action in their application to the European Court of Human Rights. In other words, originally ?horizontal? conflicts must be ?verticalised? in order to be admissible. Although such verticalised cases make up a large portion of the Court?s case law, the particular nature of these cases, as well as procedural issues that may arise in them, has not received much attention. To fill this gap, this book offers a detailed examination of verticalised cases coming before the Court. The characteristics of and the Court?s approach to verticalised cases are explored by means of an in-depth analysis of four types of verticalised cases (cases related to one?s surroundings; cases involving a conflict between the right to reputation and private life and the right to freedom of expression; family life cases; and employer-employee cases). On the basis of this analysis, it is argued that the Court?s current approach to verticalised cases poses problems for private actors, Convention States and the Court itself. In presenting recommendations for the resolution of these problems, the book concludes with a proposal for a new approach to verticalised cases, consisting of a redesigned third-party intervention procedure.
£80.75
Synergetic Press Inc.,U.S. Body Autonomy
Book SynopsisFrom erotic labor, to the rights of people who use psychoactive substances, to reproductive health and carcerality—we are living through a political moment when debates about bodily autonomy are at a fever pitch.Body Autonomy: Decolonizing Sex Work and Drug Use is a bold and timely collection that confronts these charged issues at the intersection of social justice and public health. It reveals the histories behind the United State''s ideological wars and illustrates their costs to all of us. It is a primer on healing-centered harm reduction, which presents a visionary framework and set of practical strategies to advance unity and care while working to transform conditions for communities that bear the brunt of interpersonal and systemic violence, overdose deaths, and health inequities. In the words of leading advocates, service providers, and the scholars whose lives and communities have been harmed by American neo-colonial policie
£16.14
VDM Verlag Framework for Protecting Internally Displaced
Book Synopsis
£53.62
Independently Published 2 Ed. - TEMAS DE DIREITOS HUMANOS: Estudos Sobre
Book Synopsis
£13.04
University of Nebraska Press Standing Bears Quest for Freedom
Book SynopsisLawrence A. Dwyer has written the story of Chief Standing Bear of the Ponca Nation, who was willing to face arrest for leaving the government's reservation without permission because of his love for his son and his people, and a desire to be free, resulting in the First Civil Rights victory for Native Americans.Trade Review“A history involving the law, government policy, treaties, and the military could so easily get mired in technical language. This book never does. Rather, it maintains a crystal clarity, nimbleness, and focus on what matters—the people, their humanity, and what happened. . . . [Dwyer] has created a vivid picture of the events before, during, and after the trial and never loses sight of the story’s true hero, Standing Bear.”—Judi M. gaiashkibos, executive director of the Nebraska Commission on Indian AffairsTable of ContentsForeword by Judi M. gaiashkibos Preface 1. His Name Was Standing Bear 2. Early History of the Poncas 3. The Ponca System of Law 4. Precedents for the Ponca Removal in the American System of Law 5. Treaties with the Poncas 6. The Ponca Displacement Begins 7. Journey of Sorrows 8. Standing Bear Takes Action 9. Imprisoned at Fort Omaha 10. The Interviews 11. Tibbles Assembles a Legal Team 12. The Great Writ 13. Witnesses Testify 14. The Trial’s Closing Arguments 15. Standing Bear’s Historic Speech 16. A Time for Waiting 17. The Court’s Decision 18. Standing Bear Keeps His Promise 19. Standing Bear’s Gratitude and Generosity 20. A Fire Kindled 21. Redress for Wrongs 22. The Standing Bear Decision Sets Precedent 23. A Nation Aroused from the Sin of Indifference 24. The Omaha Connection 25. Standing Bear at Peace Acknowledgments Discussion Questions Notes Bibliography Index
£15.19
Cambridge University Press International Human Rights Law
£166.25
New York University Press Critical Race Theory Fourth Edition
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 *
£15.19
University of California Press Actual Malice
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
£22.50
Oxford University Press, USA The Constitutional Structure of Proportionality
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
£111.62
Just World Books Injustice: The Story of the Holy Land Foundation
Book SynopsisIn July 2004, federal agents raided the homes of five Palestinian-American families, arresting the five dads. The first trial of the “Holy Land Foundation Five” ended in a hung jury. The second, marked by highly questionable procedures, resulted in very lengthy sentences—for “supporting terrorism” by donating to charities that the U.S. government itself and other respected international agencies had long worked with. In 2013, human rights activist and author Miko Peled started investigating this case. He discussed the miscarriages of justice with the men's lawyers and heard from the men's families about the devastating effects the case had on their lives. He also traveled to the remote federal prison complexes where the men were held to conduct deep interviews. Injustice traces the labyrinthine course of this case, presenting a terrifying picture of governmental over-reach in post-9/11 America.Trade Review"This critically important memoir . . . is a must-read." Naomi Wolf, author, social critic, political activist"This is a brilliantly rendered father and son saga amidst a background that evokes Greek mythology. The father was an Israeli hero in the fight for independence and the subsequent wars that led to Israeli dominance, and a brutal occupation. The father and son difficulties can never escape the bigger picture. This is a story of admirationand anger." Sy Hersh"The story of Miko Peled, his mother and father, reveals how facts, compassion and a universal sense of justice took hold and inspires this energetic and informed voice for peace." Ralph Nader"Injustice is a must-read book for anyone who wants to know how after 9/11, the US criminal justice system has been undermined and become another tool utilized by the pro-Israeli camp to silence and intimidate Palestinian Americans." Prof. Dr. Sami A. Al-Arian, Director and Public Affairs Professor, Center for Islam and Global Affairs, Islam ve Küresel Iliskiler Merkezi"Miko is a dedicated storyteller who approaches the difficult and complex Holy Land Foundation case in a sensitive, careful, and methodical manner while doing so with a humanistic focus on the impacted families. Injustice is a must-read." Dr. Hatem Bazian, U.C. Berkeley and Zaytuna College"This book is a compelling and moving account of the lives and trials of the Holy Land Foundation Five. It makes a convincing case that these 5 men are paying with long prison sentences for the 9/11 attacks, which they had nothing to do with." Louise Cainkar, author, Homeland Insecurity: The Arab American and Muslim American Experience after 9/11"Miko Peled tells the riveting story of a grave miscarriage of justice against the Holy Land Five . . . A must-read for all who seek the truth about how the US and Israel work hand-in-glove to oppress the Palestinians." Marjorie Cohn, Professor Emerita, Thomas Jefferson School of Law"Miko Peled's book conveys the humanity of the HLF5 and their families, and should be read widely and shared liberally to help support an international campaign for their freedom." Michael Deutsch, human rights lawyer, People's Law Office, Chicago, IL; co-author, Secrets and Lies: the Persecution of Muhammad Salah ; defense counsel for Muhammad Salah, Abdelhalem Ashqar, and Rasmea Odeh
£17.95
Edward Elgar Publishing Ltd Advanced Introduction to Human Dignity and Law
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
£21.00
Harvard University Press New Laws of Robotics
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
£22.46
Stanford University Press The Cult of the Constitution
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
£15.29
University of Washington Press A Principled Stand
Book SynopsisAdds valuable context to the body of work by legal scholars and historians on the seminal Hirabayashi caseTrade Review"Hirbayashi's . . . struggle and case have been analyzed every which way—but one. It has not been, until A Principled Stand, The Story of Hirabayashi v. United States, that readers have had access to Hirabayashi's reflections at the time of his resistance." -- Peter Monaghan * The Chronicle of Higher Education *"A long-awaited and richly satisfying memoir that emerges from a dark place in Northwest history. . . . The book puts you there, as a good novel does." -- Mike Dillon * City Living *"A fascinating look into the inner workings of how one man, with the support of his Christian supporters, took on the U.S. government and ultimately won." -- Martha Nakagawa * Rafu Shimpo *"The book successfully reminds us of the struggles needed to secure our freedoms today." * Publishers Weekly *"A Principled Stand proves that boxes of paper hauled from home to home and stored in closets and garages can eventually become the meat of history. . . . A valuable book, highly recommended." -- Paula Becker * HistoryLink.org *"[T]he authors succeed in one of their main goals: letting people get to know Gordon the person, not merely Gordon the plaintiff in a noted legal case. . . .A Principled Stand should be added to the growing number of quality, firsthand accounts of that era." -- Troy Reeves * Oral History Review *"What a treat it is to spend a few hours with three of the finest minds that have ever addressed Japanese American history....[in this] memoir constructed out of the World War II diaries of Gordon Hirabayashi and other documents." -- Paul Spickard * Oregon Historical Quarterly *"A Principled Stand is more than the story of an important wartime incarceration case; it is also the story of a remarkable person…a must read not only for scholars of Asian American history but also for those interested in the relationship between faith and social justice. The book has lessons for us all." -- Stephanie Bangarth * Pacific Historical Review *Table of ContentsPreface Acknowledgments Acronyms Part I. An Issei-Nisei Family 1. Hotaka to Seattle 2. Growing Up in America 3. "You're Going to College" Part II. Challenges and Incarceration 4. World War II 5. Arraignment Summons 6. King County Jail 7. King County Jail Mates 8. Jail Visitations 9. World War II Interracial Marriage 10. Prison Meditations 1 11. Pretrial 12. Seattle Federal District Court 13. U.S. Supreme Court 14. Out on Bail 15. Thumbing to Jail 16. Catalina Federal Honor Camp 17. Federal Prison Again Part III. The Postwar Years and Vindication 18. Early Postwar Experiences 19. Coram Nobis Appendix 1. Major Publications Appendix 2. Professional Positions, Honors, and Awards Glossary of Names Further Reading About the Coauthors Index
£25.19
New York University Press No Escape
Book SynopsisNo Escape proves that liberal government and nationalism can mutually reinforce each other, taking as its example a preeminent and seemingly universal liberal legal right, freedom of speech, and illustrating how it can function in a way that actually reproduces nationally exclusive conditions of power.Trade ReviewThis is a thought-provoking and well-written book. * American Political Science Association *Passavants argument depends on establising a paradoxical tension between two principles conventionally involved in an adversary relationship. * Journal of American Studies *A significant contribution to the field. Its focus on the exclusionary practices involved in legalizing rights to free expression make this a provocative and important book. -- Sanford Schram,Bryn Mawr CollegeA brilliant critical historical look at the thinkers who have contributed to the construction of the collective American subject. -- Michael Shapiro,University of HawaiiUsing freedom of speech as a lens onto the meaning of being American, Passavant has written a remarkable book. No Escape is a nuanced and sophisticated treatment of the complex connections of legal rights and nationalism. It is enormously important and timely in its exploration of the ways identity plays out on the terrain of liberal government. Sharply argued and theoretically rich, it makes a cutting-edge contribution to interdisciplinary legal scholarship. -- Austin Sarat,Amherst CollegeTable of Contents1 Liberal Legal Rights and the Grounds of Nationalism 2 John Burgess Is to Woodrow Wilson as Individual Rights Are to Community? Nation, Race, and the Right of Free Speech 3 A Moral Geography of Liberty: John Stuart Mill and American Free Speech Discourse 4 The Landscape of Rights Claiming: The Shift to a Post-Cold War American National Formation 5 Whose First Amendment Is It, Anyway? 6 The Governmentality of Discussion
£66.50
New York University Press Americans Without Law The Racial Boundaries of
Book SynopsisArgues that the story of juridical racialism shows how race and citizenship served as a nexus for the professionalization of the social sciencesTrade ReviewCommendably and profoundly, the author maps the numerous uncharted waters of racial discrimination showing how anthropology and culture intermix with law to form wide-ranging and lasting policies of exclusion. * New York Law Review *A rich and exceptionally clear account of the meaning-making context and constitution of citizenship. -- Christine Harrington,Institute for Law and Society, New York UniversityAn enthralling mixture of personages and cases that reveals much about the intimate combining of law and American imperialism, including the complicities of scholarship. -- Peter Fitzpatrick,Birkbeck School of Law, University of LondonMark Weiner provides a rare and radical insight into the racial structures of American law. Reading this racial history through the rhetoric of case law decisionsjuridical racialismprovides a dramatic sense of the anthropological scope of what law has done and potentially continues to do. -- Peter Goodrich,Cardozo School of LawIt addresses a powerful topic. It is a conceptually creative piece of scholarship, forged from a sophisticated interdisciplinary viewpoint. * The Law and Politics Book Review *Table of ContentsPrefaceIntroduction 1 Laws of Development, Laws of Land 2 Teutonic Constitutionalism and the Spanish-American War 3 The Biological Politics of Japanese Exclusion 4 Culture, Personality, and Racial Liberalism Conclusion Notes Index About the Author
£19.79
Cambridge University Press Core SocioEconomic Rights and the European Court of Human Rights
Book SynopsisCore Socio-Economic Rights and the European Court of Human Rights deals with socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR). The book connects the ECtHR's socio-economic case law to an understanding of the Court's responsibility to recognize the limitations of supranational rights adjudication while protecting the most needy. By exploring the idea of core rights protection in constitutional and international law, a new perspective is developed that offers suggestions for improving the ECtHR's reasoning in socio-economic cases as well as contributing to the debate on indivisible rights adjudication in an age of 'rights inflation' and proportionality review. Core Socio-Economic Rights and the European Court of Human Rights will interest scholars and practitioners dealing with fundamental rights and especially those interested in judicial reasoning, socio-economic and supranational rights protection.Table of ContentsIntroduction; Part I. Setting the Stage: 1. The ECHR and socio-economic rights protection; 2. Making sense of ECtHR's socio-economic protection; 3. The stages of fundamental rights adjudication; Part II. Core Rights Protection: 4. Core rights as limits to limitations; 5. Minimum cores and the scope of fundamental rights; 6. Core socio-economic content; Part III. Core Socio-Economic Rights and the ECtHR: 7. A core rights perspective for the ECtHR; 8. Core socio-economic rights in the case law of the ECtHR; Conclusion.
£95.00
Cambridge University Press Building a Treaty on Business and Human Rights
Book SynopsisThe calls for an international treaty to elaborate the human rights obligations of transnational corporations and other business enterprises have been rapidly growing, due to the failures of existing regulatory initiatives in holding powerful business actors accountable for human rights abuses. In response, Building a Treaty on Business and Human Rights explores the context and content of such a treaty. Bringing together leading academics from around the world, this book engages with several key areas: the need for the treaty and its scope; the nature and extent of corporate obligations; the role of state obligations; and how to strengthen remedies for victims of human rights violations by business. It also includes draft provisions for a proposed treaty to advance the debate in this contentious area and inform future treaty negotiations. This book will appeal to those interested in the fields of corporate social responsibility, and business and human rights.Table of ContentsIntroduction: putting flesh on the bone: what should a business and human rights treaty look like? David Bilchitz; Part I. Need for an International Treaty in a Historical Context: 1. Lessons from the UN Centre on transnational corporations for the current treaty initiative Khalil Hamdani and Lorraine Ruffing; 2. The value-added of a treaty to regulate transnational corporations and other business enterprises: moving forward strategically Penelope Simons; 3. Coherence, mutual assurance the rationale for a treaty Sheldon Leader; Part II. Principles and Politics Shaping the Treaty's Contours: 4. Principle and pragmatism in the elaboration of a comprehensive treaty on business and human rights Larry Catá Backer; 5. The need for a treaty: expectations on counter-hegemony and the role of civil society Daniel Maurício de Aragão and Manoela Carneiro Roland; 6. Scope of the proposed business and human rights treaty: navigating through normativity, law and politics Surya Deva; Part III. Nature and Extent of Corporate Human Rights Obligations: 7. Corporate obligations and a treaty on business and human rights: a constitutional law model? David Bilchitz; 8. Human rights, responsibilities, and due diligence: key issues for a treaty Robert McCorquodale and Lise Smit; 9. Human rights and global supply chains: is effective supply chain accountability possible? Justine Nolan; 10. Legalizing human rights due diligence and the separation of entities principle Radu Mares; Part IV. Role of States in Enforcing Human Rights Obligations: 11. Human rights legal liability for business enterprises: the role of an international treaty Carlos Lopez; 12. Regulatory obligations in a complex world: States' extraterritorial obligations related to business and human rights Sigrun Skogly; 13. The impact of a business and human rights treaty on investment law and arbitration Peter Muchlinski; Part V. Improving Access to Remedies for Victims: 14. Access to remedy: treaty talk and the terms of a new accountability accord Erika George and Lisa J. Laplante; 15. Making remedies work: envisioning a treaty-based system of effective remedies Beth Stephens; 16. The potential role of criminal law in a business and human rights treaty Shane Darcy; Conclusion: connecting the dots: how to capitalise on the current high tide for a business and human rights treaty Surya Deva.
£146.30
Cambridge University Press Beyond Cages
Book SynopsisFor all the diversity of views within the animal protection movement, there is a surprising consensus about the need for more severe criminal justice interventions against animal abusers. More prosecutions and longer sentences, it is argued, will advance the status of animals in law and society. Breaking from this mold, Professor Justin Marceau demonstrates that a focus on ''carceral animal law'' puts the animal rights movement at odds with other social justice movements, and may be bad for humans and animals alike. Animal protection efforts need to move beyond cages and towards systemic solutions if the movement hopes to be true to its own defining ethos of increased empathy and resistance to social oppression. Providing new insights into how the lessons of criminal justice reform should be imported into the animal abuse context, Beyond Cages is a valuable contribution to the literature on animal welfare and animal rights law.Trade Review'A groundbreaking call to conscience. Marceau firmly positions animal advocacy alongside broader struggles for social justice, and speaks to our shared values. This is the future of animal law.' Will Potter, author of Green is the New Red: An Insider's Account of a Social Movement Under Siege'Beyond Cages challenges the animal protection movement to critically examine its historical reliance on criminal law. Marceau rightly claims that the movement is ready for this internal critique, and he draws upon his expertise in animal law and criminal law to deliver it with great eloquence and persuasion. The animal protection movement will not - and indeed should not - be the same as a result of Beyond Cages.' Kristen Stilt, Harvard Law School'In this bold book, Marceau critiques the abject alliance between US animal rights organizations and the criminal justice system, and calls out the moral and political hypocrisy of celebrating racialized imprisonment, deportation, and privatized prosecutions as strategies of progressive social change. I hope Beyond Cages augurs a wholesale rejection of simplistic scapegoating in favor of alternative strategies inspired by more thoughtful illuminations of our collective complicity in deeply interconnected structures of oppression.' Timothy Pachirat, author of Every Twelve Seconds: Industrialized Slaughter and the Politics of Sight'Arguments that cruelty to nonhuman animals render humans cruel to each other date back to at least the eighteenth century. In this groundbreaking book, Justin Marceau explains how the criminalization of animal cruelty - often justified by the link between the human propensity to harm others humans if they are violent to nonhuman animals - has been a mistaken focus for the animal law movement. A law-and order approach, what Marceau calls 'Carceral Animal Law', does not fit with a civil rights movement for nonhuman animals. This is a very important intervention, working with what is often treated as common sense and breaking it down by asking the hard questions that need to be put about what is appropriate, effective, and humane when dealing with those who harm or abuse nonhuman animals. Beyond Cages is a must read for anyone interested in animal law, criminal law, and the (at times errant) logic of social justice movements past and present.' Angela Fernandez, University of TorontoTable of Contents1. Introduction; 2. Incarcerating humans as a salient feature of animal protection; 3. Context: an overview of the mass criminalization problem; 4. A descriptive account and typology of the carceral animal law system; 5. Specific critiques of the carceral turn in animal protection; 6. Race, mass-criminalization and animal law; 7. Punishment and the 'Link' between animal abuse and human violence; 8. Anticipating challenges to the critique of carceral animal law; 9. Conclusion: towards a new research and advocacy agenda for animal protection.
£90.25
Cambridge University Press Religious Discrimination and Cultural Context
Book SynopsisGenerations of festering culture wars, compounded by actual wars in predominantly Muslim countries, the terrorism of Isis, and the ongoing migrant crisis have all combined to make religious discrimination the most pressing challenge now facing many governments. For the leading common law nations, with their shared Christian cultural heritage balanced by a growing secularism, the threat presented by this toxic mix has the potential to destabilise civil society. This book suggests that the instances of religious discrimination, as currently legally defined, are constrained by that cultural context, exacerbated by a policy of multiculturalism, and in practice, conflated with racial, ethnic or other forms of discrimination. Kerry O''Halloran argues that many culture war issues - such as those that surround the pro-choice/pro-life debate and the rights of the LGBT community - can be viewed as rooted in the same Christian morality that underpins the law relating to religious discrimination.Trade Review'Issues of religious discrimination - whether real or imaginary - have become ever more important in a world that is increasingly polarised between secularism and religious fundamentalism. This book is an important contribution to the debate on the 'culture wars' as viewed through the lens of some of the major multi-cultural common law jurisdictions.' Frank Cranmer, Cardiff University'Religious Discrimination and Cultural Context tackles some of the most perplexing social issues that are facing liberal democracies today as Christianity wanes and the ISIS challenge to social cohesion grows. The laws of England and Wales, Ireland, the USA, Canada, Australia and New Zealand and their cultural context are examined in relation to the main areas of religious discrimination. The book tracks how infractions are processed through regulatory or judicial systems and considers the significance of any jurisdictional similarities or differences in the way issues are resolved. This poses questions such as: will governments be moved from a position of State neutrality to assert a positive policing role, regulating for the public benefit, in respect of religious matters? It is a thought-provoking contribution for our times.' Myles McGregor-Lowndes, Queensland University of Technology, Australia'This book is an intriguing and challenging assessment of the ability of the law to address the problem of religious discrimination in an increasingly multicultural society. In particular, O'Halloran explores the manner in which religion and culture are frequently intertwined in ways that often result in religious discrimination becoming a means of expressing cultural animus. The so-called 'culture wars' provide the backdrop for a study of the ways in which the moral arguments advanced by its various participants often merely serve as proxies for religious or cultural discrimination. The book contains an exhaustive survey of legal prohibitions against religious discrimination across the common law world that will prove invaluable to researchers in religion, human rights and comparative law. More importantly, O'Halloran shows that the common law has not yet developed the tools to address claims of discrimination where culture and religion are intertwined. This book is an important contribution to a debate that is sure to intensify as our society becomes ever more globalised in the years to come.' Matthew Harrington, Université de Montréal, CanadaTable of ContentsPart I. Background: Introduction to Part I; 1. Identity, alienation and the law: the twentieth-century legacy; 2. Religion, culture and religious discrimination; Part II. Balancing Public and Private Interests: Introduction to Part II; 3. Religion: the public and the private; 4. The international framework and themes of religious discrimination; Part III. Contemporary Religious Discrimination in Common Law Jurisdictions: The Judicial Rulings: Introduction to Part III; 5. England; 6. Ireland; 7. The US; 8. Canada; 9. Australia; 10. New Zealand; Part IV. Religion and Discrimination: An Overview: Introduction to Part III; 11. Themes of jurisdictional commonality and difference; 12. Contexting religion, culture and discrimination; Conclusion.
£140.60
Cambridge University Press Justice and Diplomacy
Book SynopsisDiplomacy is used primarily to advance the interests of a state beyond its borders, within a set of global norms intended to assure a degree of international harmony. As a result of internal and international armed conflicts, the need to negotiate peace through an emerging system of international humanitarian and criminal law has required nations to use diplomacy to negotiate ''peace versus justice'' trade-offs. Justice and Diplomacy is the product of a research project sponsored by the Academie Diplomatique Internationale and the International Bar Association, and focuses on specific moments of collision or contradiction in diplomatic and judicial processes during the humanitarian crises in Bosnia, Rwanda, Kosovo, Darfur, and Libya. The five case studies present critical issues at the intersection of justice and diplomacy, including the role of timing, signalling, legal terminology, accountability, and compliance. Each case study focuses on a specific moment and dynamic, highlighting Table of ContentsIntroduction; 1. Accountability: diplomatic and judicial process; 2. Legal expertise: implications of legal terminology in diplomatic processes; 3. Compliance: enforcing international arrest warrants through diplomacy; 4. Timing and signaling: implications of judicial and diplomatic process; 5. Alignment: identifying potential alignments between diplomatic and judicial processes.
£28.12
Cambridge University Press Moral Contagion
Book SynopsisBetween 1822 and 1857, eight Southern states barred the ingress of all free black maritime workers. According to lawmakers, they carried a ''moral contagion'' of abolitionism and black autonomy that could be transmitted to local slaves. Those seamen who arrived in Southern ports in violation of the laws faced incarceration, corporal punishment, an incipient form of convict leasing, and even punitive enslavement. The sailors, their captains, abolitionists, and British diplomatic agents protested this treatment. They wrote letters, published tracts, cajoled elected officials, pleaded with Southern officials, and litigated in state and federal courts. By deploying a progressive and sweeping notion of national citizenship - one that guaranteed a number of rights against state regulation - they exposed the ambiguity and potential power of national citizenship as a legal category. Ultimately, the Fourteenth Amendment recognized the robust understanding of citizenship championed by AntebellumTrade Review'Schoeppner's pathbreaking book reconceptualizes the national story of citizenship to include a broader cast of characters and an earlier timeline, demonstrating the significance of the Negro Seamen Acts to American legal history. This elegantly-written work reminds us of the centrality of movement for African Americans as they struggled over the meaning of citizenship rights.' Kelly Kennington, Auburn University and author of In the Shadow of Dred Scott: St. Louis Freedom Suits and the Legal Culture of Slavery in Antebellum America'Mariners stood at the forefront of struggles over US citizenship from the Revolution to the Civil War. In Moral Contagion … Schoeppner reveals how state laws regulating the mobility of black sailors became a focal point for debates in the antebellum period over the substantive rights conferred by national citizenship. Speaking to questions about federal power and racial equality in the Atlantic world, his book will become essential reading for students and scholars interested in the contested history of American citizenship.' Nathan Perl-Rosenthal, University of Southern California and author of Citizen Sailors: Becoming American in the Age of Revolution'… Schoeppner explores in vivid and fascinating detail the international and domestic controversies surrounding the Negro Seamen Acts. In so doing, he underscores the critical role played by African Americans in the antebellum era struggle for citizenship.' Kunal M. Parker, University of Miami and author of Making Foreigners: Immigration and Citizenship Law in America, 1600–2000'Recommended.' E. R. Crowther, Choice'… the book is a rigorous study of law, citizenship, and diplomacy and makes a welcome addition to the literature of southern history, Atlantic history, and antebellum political and legal history.' Ikuko Asaka, Journal of Southern HistoryTable of ContentsIntroduction; 1. The Atlantic's dangerous undercurrents; 2. Containing a moral contagion, 1822–9; 3. The contagion spreads, 1829–33; 4. Confronting a pandemic, 1834–42; 5. 'Foreign' emissaries and rights discourse, 1842–7; 6. Sacrificing black citizenship, 1848–59; 7. From the decks to the jails to assembly halls: black sailors, their communities, and the fight for black citizenship; Epilogue.
£47.49
Cambridge University Press Expanding Responsibility for the Just War
Book SynopsisAs demonstrated in any conflict, war is violent and causes grave harms to innocent persons, even when fought in compliance with just war criteria. In this book, Rosemary Kellison presents a feminist critique of just war reasoning, with particular focus on the issue of responsibility for harm to noncombatants. Contemporary just war reasoning denies the violence of war by suggesting that many of the harms caused by war are necessary, though regrettable, injuries for which inflicting agents bear no responsibility. She challenges this narrow understanding of responsibility through a feminist ethical approach that emphasizes the relationality of humans and the resulting asymmetries in their relative power and vulnerability. According to this approach, the powerful individual and collective agents who inflict harm during war are responsible for recognizing and responding to the vulnerable persons they harm, and thereby reducing the likelihood of future violence.Kellison''s volume goes beyond abstract theoretical work to consider the real implications of an important ethical problem.Table of Contents1. Feminist ethics; 2. Necessity and the evasion of responsibility; 3. Relational personhood and the violence of war; 4. Intention matters; 5. From evading to expanding responsibility; 6. Taking responsibility for harmdoing in war.
£85.50
Cambridge University Press A Third Way
Book SynopsisIn A Third Way, Hillary Hoffmann and Monte Mills detail the history, context, and future of the ongoing legal fight to protect indigenous cultures. At the federal level, this fight is shaped by the assumptions that led to current federal cultural protection laws, which many tribes and their allies are now reframing to better meet their cultural and sovereign priorities. At the state level, centuries of antipathy toward tribes are beginning to give way to collaborative and cooperative efforts that better reflect indigenous interests. Most critically, tribes themselves are building laws and legal structures that reflect and invigorate their own cultural values. Taken together, and evidenced by the recent worldwide support for indigenous cultural movements, events of the last decade signal a new era for indigenous cultural protection. This important work should be read by anyone interested in the legal reforms that will guide progress toward that future.Trade Review'I couldn't put this down. A Third Way is a refreshing, powerful, and inspirational work because Hoffmann and Mills acknowledge tribal agency. Indians and tribes are not passive observers to federal, state, and business interests carving up America. They are active policy makers, not mere stakeholders seeking a voice, not mere victims lamenting the past. Indians and tribes tend to see the universe in terms of balance, not the zero-sum competition that dominates American politics. We should all hope Indians and tribes succeed because this philosophy is all about our collective futures.' Matthew L.M. Fletcher, Director of the Indigenous Law & Policy Center, Michigan State University'Indian tribes have pulled themselves up from the oppressive policies of the past. There are many monuments to that – court decisions, tribally-driven federal statutes, and the truly substantial sovereign Native governments that govern the reservations today. A Third Way gives deep, unprecedented insight into modern Indian country by brightly recounting some of the innumerable stories of how individual tribes have made lasting advances in protecting specific, beloved places. This book captures the inspiring spirit of Indian country today as well or better than any other source.' Charles Wilkinson, Distinguished Professor Emeritus, University of Colorado, and author of Blood Struggle: The Rise of Modern Indian Nations'Through a careful exploration of legal history and contemporary case studies, Hoffmann and Mills demonstrate how the US legal system has authorized and often encouraged the destruction of indigenous cultures. The authors also chart a new pathway for the future: one in which Indigenous cultural values help to drive public policy by providing an actual 'measure of comfortable justice,' not just for Indigenous peoples, but for all Americans.' Rebecca Tsosie, Regents Professor of Law, University of ArizonaTable of ContentsPreface; 1. Legal history and foundations; 2. The jurisdictional framework of the second way, and the Cherokee diaspora; 3. Religious freedom, the value of sacred places, and the price of cultural ignorance; 4. Clashing values, the Blackfeet, and a measure of success in the 'Badger-Two'; 5. Federal cultural protection statutes: products of a dark history; 6. Tribal laws: the embodiment of the third way; 7. Both ends of the spectrum, and everything in between: state and local governments and indigenous cultures; 8. Indigenous cultures and intellectual property; 9. A 'third way' for the future.
£90.24
Cambridge University Press The Cambridge Handbook of New Human Rights
Book SynopsisThe book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of ''new'' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on ''new'' rights often deal with structural matters only in passing and the issue of ''new'' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of ''new'' human rights, thus speaking to human rights proTable of ContentsIntroduction; Part I. Cross-Cutting Observations: 1. Recognition of new human rights: phases, techniques and the approach of 'differentiated traditionalism'; 2. Novelty in new human rights: the decrease in universality and abstractness thesis; 3. Rhetoric of rights: a topical perspective on the functions of claiming a 'human right to …'; Part II. Public Good Rights: 4. Access to water as a new right in international, regional and comparative constitutional law; 5. Comment: something old, something new, something borrowed and something blue: lessons to be learned from the oldest of the 'new' rights – the human right to water; 6. The human right to adequate housing and the new human right to land: congruent entitlements; 7. Comment: the human right to land: 'new right' or 'old wine in a new bottle'?; 8. The right to health under the ICESCR – existing scope, new challenges, and how to deal with it; 9. Comment: strong new branches to the trunk – realizing the right to health decentrally; 10. The human right to a clean environment and rights of nature: between advocacy and reality; 11. Comment: the right to environment: a new, internationally recognized, human right; Part III. Status Rights: 12. The Inter-American Convention on Protecting the Human Rights of Older Persons; 13. Comment: the status of the human rights of older persons; 14. Gender recognition as a human right; 15. Comment: pre-existing rights and future articulations: temporal rhetoric in the struggle for trans rights; 16. The rights of indigenous people – everything old is new again; 17. Comment: the evolution and revolution of indigenous rights; 18. Animal rights; 19. Comment: sentience, form and breath: law's life with animals; Part IV. New Technology Rights: 20. Right to internet access: Quid Iuris?; 21. Comment: the case for the right to meaningful access to internet as a human right in international law; 22. The right to be forgotten; 23. Comment: the RTBF 2.0; 24. The fruits of someone else's labor: gestational surrogacy and rights in the twenty-first century; 25. Comment: birthing new human rights – reflections around a hypothetical human right of access to gestational surrogacy; 26. The relevance of human rights for dealing with the challenges posed by genetics; 27. Comment: the challenge of genetics: human rights on the molecular level?; Part V. Autonomy and Integrity Rights: 28. The right to bodily integrity; 29. Comment: from bodily rights to personal rights; 30. The nascent right to psychological integrity and mental self-determination; 31. Comment: critical reflections on the need for a right to mental self-determination; 32. Rights related to enforced disappearance: new rights in the International Convention for the Protection of All Persons from Enforced Disappearance; 33. Comment: the emergence of the right not to be forcibly disappeared: some comments; 34. The emergent human right to consular notification, access and assistance; 35. Comment from a human right to invoke consular assistance in the host state to a human right to claim diplomatic protection from one's state of nationality?; Part VI. Governance Rights: 36. Remnants of a constitutional moment: the right to democracy in international law; 37. Comment: the human right to democracy in international law: coming to moral terms with an equivocal legal practice; 38. A right to administrative justice – 'new' or just repackaging the old?; 39. Comment: the African right to administrative justice versus the European Union's right to good administration: new human rights?; 40. Anti-corruption: recaptured and reframed; 41. Comment: towards a human rights approach to corruption; 42. Bentham Redux: examining a right of access to law; 43. Comment: a right of access to law – or rather a right of legality and legal aid?
£174.80
Cambridge University Press Civil Rights
Book SynopsisAll of us are entitled to the protections of law against violence, to a high quality education, to decent employment that respects our dignity, and to necessary assistance with our caregiving. Our civil rights are our rights to the protections of ordinary law - not constitutional law, and not only antidiscrimination law - that will ensure that we can participate in civil society, and hence lead flourishing lives. In this innovative work, Robin L. West looks back to nineteenth-century Civil Rights Acts to argue that the point of civil rights law is not only non-discrimination, but also to assure that all of us receive the protection of legal rights that promote human flourishing. Since the 1960s, Supreme Court decisions on civil rights issues have focused on non-discrimination and thus have ''hollowed out'' this broader meaning of civil rights law. This book reconceives civil rights as a set of legal guarantees that all will be included in the legal, political, economic and social projeTrade Review'… this is a well-researched tome that includes copious footnotes … this volume is a sound accomplishment …' S. A. Merriman, ChoiceTable of ContentsIntroduction; 1. The antidiscrimination principle and its discontents; 2. Residues of injustice: formal equality and civil rights; 3. Toward a jurisprudence of civil rights; 4. A frayed quilt: our lost, imperfect, and unimagined civil rights; 5. Protecting rights to enter: constitutional rights and civil rights in conflict; Conclusion.
£65.55
Cambridge University Press Child Perpetrators on Trial
Book SynopsisExplores how standards of international juvenile justice were operationalised by the state and UNICEF in post-genocide Rwanda. Will appeal to academics, researchers and students of law (in particular child rights and human rights law), socio-legal scholars, international relations scholars and political scientists.Trade Review'Child Perpetrators on Trial: Insights from Post-Genocide Rwanda thoroughly and comprehensively analyzes the various actors working in the juvenile justice system in post-genocide Rwanda and how child perpetrators of genocidal acts progressed through this justice system … With these intriguing speculations, Barrett leaves readers eager to hear more.' Elizabeth D. Wiseman, New York University Journal of International Law and PoliticsTable of Contents1. Introduction; 2. International standards on child perpetrators of atrocities; 3. Putting international standards into practice; 4. Rwanda: setting the context; 5. Rwanda's responses, in law, policy and practice, to child génocidaires; 6. International actors and the Rwandan child génocidaire; 7. UNICEF Rwanda's policy and advocacy: a strategic approach; 8. Evaluating UNICEF Rwanda's approach: a case of principled pragmatism?; 9. Child perpetrators and child rights: Rwanda and beyond.
£104.50
Cambridge University Press The Cambridge History of Rights Volume 5 The Twentieth and TwentyFirst Centuries
£114.00
Cambridge University Press Rights and Retrenchment
Book SynopsisThis groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution''s trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcemTrade Review'Rights and Retrenchment is a masterwork. Drawing on their path-breaking empirical research, Burbank and Farhang provide a revelatory analysis … This book is truly essential reading not only for political scientists and legal scholars but for anyone concerned about the future of the American regulatory state.' Robert A. Kagan, Professor Emeritus of Political Science and Law, University of California, Berkeley'Rights and Retrenchment is a scholarly lightning bolt, mixing rigorous empiricism and close, institution-level analysis of civil rulemaking in a field that has too often lacked either. It's an instant classic in explaining how we got to the present while also charting a new path forward for procedure scholars.' David Freeman Engstrom, Bernard D. Bergreen Faculty Scholar, Stanford Law School, California'Burbank and Farhang trace in detail how conservatives have sought to defang private enforcement of protections afforded by federal law … This book is essential reading for everyone interested in the state of twenty-first century politics in the United States.' Herbert Kritzer, Marvin J. Sonosky Chair of Law and Public Policy, University of Minnesota Law School'Burbank and Farhang provide an outstanding exploration of the intersection of law and politics. They examine in rich detail the many ways conservatives have tried to limit private enforcement of federal laws … They use a variety of forms of evidence … to make a convincing argument about institutional support for retrenchment.' R. Shep Melnick, Tip O'Neill Professor, Boston College, Massachusetts'This impressive new book demonstrates convincingly how private litigation in the courts is embedded in larger political contests over the scale and scope of federal rights … a must-read for anyone who wants to understand the complex politics and institutional dynamics surrounding private enforcement of federal law.' Margaret Lemos, Robert G. Seaks LL. B. '34 Professor of Law, Duke University, North Carolina'In this elegant study, Stephen B. Burbank and Sean Farhang demonstrate that the Supreme Court has dramatically undercut enforcement of federal rights by making it harder for plaintiffs to sue in the first place. Rich in data, thoughtful and perceptive in analysis, this book is a landmark contribution to our understanding of the Supreme Court and the meaningful enforcement of federal rights.' Charles Epp, Distinguished Professor, University of KansasTable of Contents1. Retrenching rights in institutional context: constraints and opportunities; 2. The legislative counterrevolution: emergence, growth, and disappointment; 3. The rulemaking counterrevolution: birth, reaction, and struggle; 4. The counterrevolution in the Supreme Court: succeeding; 5. The subterranean counterrevolution: the Supreme Court, the media, and public opinion; 6. Rights, retrenchment, and democratic governance.
£33.24
Cambridge University Press The Child in International Refugee Law
Book SynopsisChildren are the victims of some of the most devastating examples of state-sanctioned and private human rights abuse. In increasing numbers, they are attempting to find international protection, and are forced to navigate complex administrative and legal processes that fail to take into account their distinct needs and vulnerabilities. The key challenges they face in establishing entitlement to refugee protection are their invisibility and the risk of incorrect assessment. Drawing on an extensive and original analysis of jurisprudence of leading common law jurisdictions, this book undertakes an assessment of the extent to which these challenges may be overcome by greater engagement between international refugee law and international law on the rights of the child. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of refugee children.Trade Review'This book is an exceptional contribution to international refugee law; it displays originality and rigour throughout. It is a remarkable achievement and a major scholarly intervention in ongoing conversations about the future direction of international refugee law. The arguments advanced will have a profound impact on the approach to the relationship between international human rights law and refugee law, and will assist in reshaping legal and policy responses.' Colin Harvey, Queen's University, Belfast'This creative work of scholarship will raise the visibility of the many thousands of children now in search of refuge and protection. It identifies and clarifies relevant and operative rights, and provides a solid jurisprudential bridge between refugee status and the best interests of the child. What is more, it underlines the immediate obligations of States, whose active and protective intervention is required if children on the move are not to lose what can never be recovered - their childhood.' Guy S. Goodwin-Gill, Emeritus Professor of International Refugee Law, University of Oxford'Meticulous research has been accompanied by rigorous scholarship to produce a work that anyone working in the field of child refugee law must read.' John Tobin, Director of Studies, Human Rights Law, Faculty of Law, University of Melbourne'This book is an important addition to the leading texts on refugee law. It combines deep erudition, clear exposition and excellent analysis. It is essential reading for scholars, practitioners and judges interested in this field.' Raza Husain QC, Matrix Chambers'This book is published at just the right time, when there is increasing sophistication among practitioners and scholars about the complex issues involved in theorizing protection claims and providing effective representation to children refugees, accounting for their unique needs and vulnerabilities as children. Pobjoy's treatise is not only a major scholarly achievement, but it will have practical uses as well for lawyers representing refugee children, especially as they consider alternative and supportive international frameworks (such as the Convention on the Rights of the Child) beyond the familiar Refugee Convention context.' Deborah Anker, Director and Clinical Professor of Law, Harvard Immigration and Refugee Clinical Program, Harvard Law School, Massachusetts'The Child in International Refugee Law is an important book that should prompt discussion and debate on several fronts. Every substantial part of it prompts reflection about difficult and unjustly neglected aspects of international refugee law, and some elements represent potential building blocks for a positive reconsideration and development of international refugee law to better align with obligations created by the CRC [Convention on the Rights of the Child]. Overall, the work provides a substantial basis for what should be a continuing attention to all of the topics covered.' Eric Fripp, International Journal of Refugee Law'… this book starts a conversation that has been needed for a long time, and will undoubtedly be considered by scholars and decision makers alike.' Sarah Staples, AmeriQuests (www.ameriquests.org)Table of ContentsIntroduction; 1. Situating the refugee child in international law; 2. The child and the refugee status determination process; 3. An age-sensitive assessment of risk; 4. A child rights framework for identifying persecutory harm; 5. Nexus to a convention ground; 6. The convention on the rights of the child as a complementary source of protection; Conclusions; Annex 1. CRC, preamble and Articles 1 to 41; Annex 2. Refugee Convention, preamble and Article 1; Annex 3. Final act of the Conference of Plenipotentiaries, Recommendation B (principle of family unity).
£41.79
Bloomsbury Publishing PLC Stretching the Constitution: The Brexit Shock in
Book SynopsisHow far did the European Union (EU) referendum result of 23 June 2016 really justify and necessitate the policies executed in response to it? What are the implications of that vote and its prolonged aftermath for the United Kingdom (UK) constitution? What other challenges does our political system face? This book seeks to answer these questions. It considers from a constitutional perspective the way in which the decision to leave the EU was taken and then implemented, discussing in particular the role of Parliament. It includes a close analysis of the referendum legislation, and relevant Commons debates. Adapting methods from applied history, the author considers the wider implications of Brexit by assessing a series of proposals for constitutional reform produced in the UK since 1900. He addresses features of the UK system including referendums, representative democracy, Parliament, devolution, and the executive, from both an historic and contemporary point of view. The book assesses other issues that do not arise directly from Brexit but that have constitutional implications and a global aspect to them. They include political applications of the Internet and climate change. Finally, the author makes a series of proposals for reforms that will help the democratic system of the UK to adapt to its changing environment.Trade ReviewStretching the Constitution by Andrew Blick, a constitutional scholar, is refreshing in that it employs a unique approach by seeking to place Brexit within the wider context of constitutional reform debates going back over the course of the past century... The historical context provided to contemporary debates is insightful, but also very instructive in introducing the modern reader to materials of which they would in many instances have been ignorant or unaware. Anyone who purports to be a scholar of constitutional affairs should read Stretching the Constitution. -- Dr Gary Wilson, Senior Lecturer in Law at Liverpool John Moores University * LSE Review of Books *Stretching the Constitution is insightful and thought-provoking. The book is recommended to scholars of constitutional affairs as well as to “political junkies” curious about the historical parallels and precedents behind the Brexit process. -- Donata Krakowski-White * Canadian Law Library Review *This book brutally dissects the democratic calamity our constitutional system brought upon itself through the European Union referendum of June 2016. But it also gives cause for optimism. By looking to the past, the author uncovers possible solutions to many of the dilemmas we face today. They range from the tension between direct and representative government to the abuse of online campaigning. All those concerned about the future of the United Kingdom constitution must read Blick’s latest work. -- Graham Allen, Visiting Professor, King’s College London. Chair of the House of Commons Political and Constitutional Reform Committee, 2010–2015.Table of ContentsIntroduction Part 1: Brexit and the constitution Chapter 1 The constitutional connotations Chapter 2 The basis for the 2016 referendum: law, politics and the constitution Part 2: The Past and the Future Chapter 3 Multi-state organisations Chapter 4 Advocating the referendum Chapter 5 Representative democracy: reform and challenge Chapter 6 Programmes for Parliament Chapter 7 The territorial constitution Chapter 8 The executive: organisation, power and constraint Chapter 9 The digital constitution Conclusions
£98.30
Nova Science Publishers Inc Persistence of Human Trafficking
Book Synopsis
£119.99
Atlantic Books Freedom to Think: The Long Struggle to Liberate
Book SynopsisChosen as one of the best books of 2022 by the Financial Times and the Telegraph.Longlisted for the Moore Prize for Human Rights Writing'Compelling, powerful and necessary.' Shoshana Zuboff, author of The Age of Surveillance Capitalism'Fascinating' GuardianWithout a moment's pause, we share our most intimate thoughts with trillion-dollar tech companies. Their algorithms categorize us and jump to troubling conclusions about who we are. They also shape our everyday thoughts, choices and actions - from who we date to whether we vote. But this is just the latest front in an age-old struggle.Part history and part manifesto, Freedom to Think explores how the powerful have always sought to influence how we think and what we buy. Connecting the dots from Galileo to Alexa, human rights lawyer Susie Alegre charts the history and fragility of our most important human right: freedom of thought. Filled with shocking case-studies across politics, criminal justice, and everyday life, this ground-breaking book shows how our mental freedom is under threat like never before. Bold and radical, Alegre argues that only by recasting our human rights for the digital age can we safeguard our future.Trade ReviewFascinating... We have all sleepwalked into this gloomy fairytale, and it's time to wake up. * Guardian *Freedom to Think could not be more timely... As the world experiences yet another brutal reminder of how far authoritarians will go to control and suppress their populations, [Alegre's] recommendations feel freshly relevant. * Financial Times *Timely [and] thought-provoking... One of Alegre's most compelling arguments for freedom of thought is that it allows us to try out ideas, to explore and test combinations of thoughts and concepts. * Times Literary Supplement *Profoundly essential and deeply engaging. If freedom of thought and the very possibility of a free society are to survive the digital century, then we urgently need the rights and laws that will make it so. Thankfully, Alegre stands with us to lead and light the way, beginning with her compelling, powerful, and necessary book. * Shoshana Zuboff, author of The Age of Surveillance Capitalism *Engaging and thought-provoking... [a] hard-hitting examination of the evils of Big Tech and, to a lesser extent, the surveillance state. * Literary Review *A brilliant, accessible book by a brilliant lawyer. Freedom of thought is a fundamental human right and Susie Alegre powerfully argues that it needs to be harnessed now. * Helena Kennedy QC, author of Eve was Framed *Freedom to Think identifies and then fills a gaping hole in how we consider the world. It is a book that will shake and refresh, but ultimately leave you more hopeful about the future. * Alison Goldsworthy, CEO of The Depolarization Project and author of Poles Apart *Engaging and entertaining. A call to action on one of the most pressing issues of our time. * Jennifer Robinson, leading human rights lawyer *Alegre asks a provocative and original question as we struggle to understand and react to our increasingly technologized world: are we losing our freedom of thought? Her ideas are much needed. * David Kirkpatrick, author of The Facebook Effect *A thoughtful and engaging book: profound, moving, and even funny. * Johnny Ryan, leading privacy campaigner *In the absence of adequate scrutiny or accountability, technology has developed to undermine the keystone for human dignity: the right to freedom of thought. In this timely and pioneering book Alegre contributes a sorely needed vision for how we may protect a "forgotten freedom" and collectively avert an Orwellian future. This book is an insightful and urgent wake-up call. * Ahmed Shaheed, UN Special Rapporteur on Freedom of Religion or Belief *Powerful and persuasive. This important, finely written book explains why we must protect that most fundamental of our freedoms at a time when it is in danger of being overborne by profit-making propaganda, fake news and hate-fuelled social media. * Geoffrey Robertson QC, founder of Doughty Street Chambers *Freedom to Think is an effective wake-up call for those unaware of the scale of efforts to restrict and control our thoughts. * Engineering & Technology *Table of Contents1: Inner Freedom 2: Of Gods and Men 3: Inside Your Head 4: The Politics of Persuasion 5: The Power of Human Rights 6: Facebook Knows You Better 7: The Ministry of Truth 8: Consenting Adults 9: Social Credit 10: Pre-Crime and Punishment 11: Body and Soul 12: We Don't Need No Thought Control 13: The Backlash 14: Freeing Our Minds
£18.00
Lefebvre Sarrut Belgium NV National Human Rights Institutions in Europe and Latin America
Book SynopsisOver the past 20 years, national human rights institutions (NHRIs) have moved from the periphery to the centre of the human rights debate. The potential of NHRIs to transmit and implement international norms at the domestic level, and to transfer human rights expertise to regional and global human rights fora, is increasingly recognised. In Europe, the continent with the widest variety and density of human rights protection mechanisms, NHRIs are also gradually gaining recognition as actors that can enable more comprehensive and effective human rights promotion and protection.Filling a gap in the legal literature, this book aims to bridge the gap between the European and Latin American experiences of national human rights institutions (NHRIs), exploring the impact that this has internationally. As such, it not only includes introductory chapters on the relationship between NHRIs and the United Nations, the European Union and the Inter-American Court of Human Rights, but also offers general contributions on other European and Latin American institutions and valuable deep dives into specific case studies on certain regional commissions, ombuds offices and institutes. In order to assess the distinct models these institutional organisations adopt, three of the major European NHRIs have been chosen: the Spanish Ombuds Office, which is especially relevant to Latin America; the French Commission, of great influence in the area; and the younger, and highly interesting, German Institute. The main Latin American NHRIs which adopt either an ombuds, a commission or an institute model are also analysed, including those of Argentina, Chile, Colombia, Ecuador, Mexico, Paraguay, and Uruguay.SEBASTIÁ N LÓ PEZ ESCARCENAFull professor of international law at the Pontifical Catholic University of Chile, and associate member at the Catholic University of Leuven (CGGS) and at the University Paris 1 (Panthé on-Sorbonne) (IREDIES).MANUEL NÚ Ñ EZ POBLETEFull professor of constitutional and international law at the Pontifical Catholic University of Valparaí so (PUCV), Chile. Substitute Judge at the Chilean Constitutional Court and former Board member of the National Institute of Human Rights of Chile (INDH).JAN WOUTERSFull professor of international law and international organizations, Jean Monnet chair ad personam, director of the Institute for International Law and Leuven Centre for Global Governance Studies, and administrator of the America Europe Fund, KU Leuven.
£112.14
Eastern Book Co Law Relating to Women and Children
Book SynopsisMamta Rao focuses on laws for women and children, including the Protection of Women from Domestic Violence Act and Hindu Succession (Amendment) Act, 2005. She also examines child protection laws like the Commission for Protection of Child Rights Act, 2005, covering issues such as child labor and trafficking.
£12.74
Aleph Book Company Talking of Justice: People's Rights in Modern India
£23.74
