What role should racial difference play in the American workplace? As a nation, we rely on civil rights law to address this question, and the monumental Civil Rights Act of 1964 seemingly answered it: race must not be a factor in workplace decisions. In After Civil Rights, John Skrentny contends that after decades of mass immigration, many employers, Democratic and Republican political leaders, and advocates have adopted a new strategy to manage race and work. Race is now relevant not only in negative cases of discrimination, but in more positive ways as well. In today's workplace, employers routinely practice "racial realism," where they view race as real--as a job qualification. Many believe employee racial differences, and sometimes immigrant status, correspond to unique abilities or evoke desirable reactions from clients or citizens. They also see racial diversity as a way to increase workplace dynamism. The problem is that when employers see race as useful for organizational effectiveness, they are often in violation of civil rights law. After Civil Rights examines this emerging strategy in a wide range of employment situations, including the low-skilled sector, professional and white-collar jobs, and entertainment and media. In this important book, Skrentny urges us to acknowledge the racial realism already occurring, and lays out a series of reforms that, if enacted, would bring the law and lived experience more in line, yet still remain respectful of the need to protect the civil rights of all workers.

More than the citizens of most countries, Americans are either religious or in jail--or both. But what does it mean when imprisonment and evangelization actually go hand in hand, or at least appear to? What do "faith-based" prison programs mean for the constitutional separation of church and state, particularly when prisoners who participate get special privileges? In "Prison Religion," law and religion scholar Winnifred Fallers Sullivan takes up these and other important questions through a close examination of a 2005 lawsuit challenging the constitutionality of a faith-based residential rehabilitation program in an Iowa state prison.

"Americans United for the Separation of Church and State v. Prison Fellowship Ministries," a trial in which Sullivan served as an expert witness, centered on the constitutionality of allowing religious organizations to operate programs in state-run facilities. Using the trial as a case study, Sullivan argues that separation of church and state is no longer possible. Religious authority has shifted from institutions to individuals, making it difficult to define religion, let alone disentangle it from the state. "Prison Religion" casts new light on church-state law, the debate over government-funded faith-based programs, and the predicament of prisoners who have precious little choice about what kind of rehabilitation they receive, if they are offered any at all.

The very existence of an employment relationship places the human rights of a worker at risk. Employers can, and frequently do, exercise their managerial and disciplinary powers in a manner that interferes with the most fundamental rights of the individual worker. Adequate safeguards against such infringements are necessary if individuals are to receive full protection of their rights. This book examines how far the labour laws of England and Wales offer such guarantees, with a particular focus on dismissal law. The chapters reflect on the relationship between employment, labour, and human rights before conducting a detailed and critical analysis of the scope, shape, and application of domestic employment law. The framework for evaluation is drawn from the case law of the European Court of Human Rights, as it develops a principled and tailored approach to how the rights contained in the European Convention on Human Right should be enforced in working relationships. Statutory mechanisms, such as the law of unfair dismissal, and common law causes of action are examined and found to be lacking in their capacity to vindicate and enforce the human rights of workers. This book culminates in the proposal and elaboration upon an innovative solution, the Bill of Rights for Workers, that would draw on the successes of human rights and labour law instruments to render the Convention rights directly enforceable in the relationship between a worker and their employer.

As the distinction between domestic and international is increasingly blurred along with the line between internal and external borders, migrants-particularly people of color-have become emblematic of the hybrid threat both to national security and sovereignty and to safety and order inside the state. From building walls and fences, overcrowding detention facilities, and beefing up border policing and border controls, a new narrative has arrived that has migrants assume the risk for government-sponsored degradation, misery, and death. Crimmigrant Nations examines the parallel rise of anti-immigrant sentiment and right-wing populism in both the United States and Europe to offer an unprecedented look at this issue on an international level. Beginning with the fears and concerns of immigration that predate the election of Trump, the Brexit vote, and the signing and implementation of the Schengen Agreement, Crimmigrant Nations critically analyzes nationalist state policies in countries that have criminalized migrants and categorized them as threats to national security. Highlighting a pressing and perplexing problem facing the Western world in 2020 and beyond, this collection of essays illustrates not only how anti-immigrant sentiments and nationalist discourse are on the rise in various Western liberal democracies, but also how these sentiments are being translated into punitive and cruel policies and practices that contribute to a merger of crime control and migration control with devastating effects for those falling under its reach. Mapping out how these measures are taken, the rationale behind these policies, and who is subjected to exclusion as a result of these measures, Crimmigrant Nations looks beyond the level of the local or the national to the relational dynamics between different actors on different levels and among different institutions.

Applying appropriate legal rules to companies with as much consistency and as little consternation as possible remains a challenge for legal systems. One area causing concern is the availability of damages for non-pecuniary loss to companies, a disquiet that is rooted in the very nature of such damages and of companies themselves. In this book, Vanessa Wilcox presents a detailed examination of the extent to which damages for non-pecuniary loss can be properly awarded to companies. The book focusses on the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment. While the law must be adaptable, Wilcox concludes that considerations of coherency, certainty and ultimately justice dictate that the resulting rules should conform to certain core legal principles. This book lays the foundation for further comparative research into this topic and will be of interest to both the tort law and broader legal community.

A new edition of a seminal text in Critical Race Theory Since 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 of public 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 has little use for racial analysis and study. Award-winning authors Richard Delgado and Jean Stefancic also address the rise in legislative efforts to curtail K–12 teaching of racial history. Critical Race Theory, Fourth Edition, is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for readers wanting to advance a progressive race agenda, includes new readings and questions for discussion aimed at outlining practical steps to achieve this objective.

"..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.

The Immigration Act of 1965 was one of the most consequential laws ever passed in the United States and immigration policy continues to be one of the most contentious areas of American politics. As a "nation of immigrants," the United States has a long and complex history of immigration programs and controls which are deeply connected to the shape of American society today. This volume makes sense of the political history and the social impacts of immigration law, showing how legislation has reflected both domestic concerns and wider foreign policy. John S. W. Park examines how immigration law reforms have inspired radically different responses across all levels of government, from cooperation to outright disobedience, and how they continue to fracture broader political debates. He concludes with an overview of how significant, on-going challenges in our interconnected world, including "failed states" and climate change, will shape American migrations for many decades to come.

This book brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy, data protection and enforcing rights in a changing world. It is one of the results of the 14th annual International Conference on Computers, Privacy and Data Protection (CPDP), which took place online in January 2021. The pandemic has produced deep and ongoing changes in how, when, why, and the media through which, we interact. Many of these changes correspond to new approaches in the collection and use of our data - new in terms of scale, form, and purpose. This raises difficult questions as to which rights we have, and should have, in relation to such novel forms of data processing, the degree to which these rights should be balanced against other poignant social interests, and how these rights should be enforced in light of the fluidity and uncertainty of circumstances. The book covers a range of topics, such as: digital sovereignty; art and algorithmic accountability; multistakeholderism in the Brazilian General Data Protection law; expectations of privacy and the European Court of Human Rights; the function of explanations; DPIAs and smart cities; and of course, EU data protection law and the pandemic - including chapters on scientific research and on the EU Digital COVID Certificate framework. This interdisciplinary book has been written at a time when the scale and impact of data processing on society - on individuals as well as on social systems - is becoming ever starker. It discusses open issues as well as daring and prospective approaches and is an insightful resource for readers with an interest in computers, privacy and data protection.

International human rights law is sometimes criticized as an infringement of constitutional democracy. Against this view, Jamie Mayerfeld argues that international human rights law provides a necessary extension of checks and balances and therefore completes the domestic constitutional order. In today's world, constitutional democracy is best understood as a cooperative project enlisting both domestic and international guardians to strengthen the protection of human rights. Reasons to support this view may be found in the political philosophy of James Madison, the principal architect of the U.S. Constitution. The Promise of Human Rights presents sustained theoretical discussions of human rights, constitutionalism, democracy, and sovereignty, along with an extended case study of divergent transatlantic approaches to human rights. Mayerfeld shows that the embrace of international human rights law has inhibited human rights violations in Europe whereas its marginalization has facilitated human rights violations in the United States. A longstanding policy of "American exceptionalism" was a major contributing factor to the Bush administration's use of torture after 9/11. Mounting a combination of theoretical and empirical arguments, Mayerfeld concludes that countries genuinely committed to constitutional democracy should incorporate international human rights law into their domestic legal system and accept international oversight of their human rights practices.

Forty years after the U.S. Supreme Court handed down its decision legalizing abortion, Roe v. Wade continues to make headlines. After Roe: The Lost History of the Abortion Debate cuts through the myths and misunderstandings to present a clear-eyed account of cultural and political responses to the landmark 1973 ruling in the decade that followed. The grassroots activists who shaped the discussion after Roe, Mary Ziegler shows, were far more fluid and diverse than the partisans dominating the debate today. In the early years after the decision, advocates on either side of the abortion battle sought common ground on issues from pregnancy discrimination to fetal research. Drawing on archives and more than 100 interviews with key participants, Ziegler's revelations complicate the view that abortion rights proponents were insensitive to larger questions of racial and class injustice, and expose as caricature the idea that abortion opponents were inherently antifeminist. But over time, "pro-abortion" and "anti-abortion" positions hardened into "pro-choice" and "pro-life" categories in response to political pressures and compromises. This increasingly contentious back-and-forth produced the interpretation now taken for granted-that Roe was primarily a ruling on a woman's right to choose. Peering beneath the surface of social-movement struggles in the 1970s, After Roe reveals how actors on the left and the right have today made Roe a symbol for a spectrum of fervently held political beliefs.

The development of human rights norms is one of the most significant achievements in international relations and law since 1945, but the continuing influence of human rights is increasingly being questioned by authoritarian governments, nationalists, and pundits. Unfortunately, the proliferation of new rights, linking rights to other issues such as international crimes or the activities of business, and attempting to address every social problem from a human rights perspective risk undermining their credibility. Rescuing Human Rights calls for understanding 'human rights' as international human rights law and maintaining the distinctions between binding legal obligations on governments and broader issues of ethics, politics, and social change. Resolving complex social problems requires more than simplistic appeals to rights, and adopting a 'radically moderate' approach that recognizes both the potential and the limits of international human rights law, offers the best hope of preserving the principle that we all have rights, simply because we are human.

Cultural Rights of Third-Country Nationals in EU Law provides a complex analysis of the cultural rights of third-country nationals in European Union Law. Originally published in Polish and translated into English for the first time, this book examines EU migration policy and law from the perspective of cultural rights protection for migrants as a part of the overall system of human rights protection in the EU. In offering a careful analysis of these standards and their implementation mechanisms, Cultural Rights of Third-Country Nationals in EU Law will be of use to all researchers on EU law, especially in the areas of asylum law, migration law and the protection of the borders. It will also be useful to scholars and practitioners in the area of cultural policy.

Irregular migrants complicate the boundaries of citizenship and stretch the parameters of political belonging. Comprised of refugees, asylum seekers, "illegal" labor migrants, and stateless persons, this group of migrants occupies new sovereign spaces that generate new subjectivities. Investigating the role of irregular migrants in the transformation of citizenship, Anne McNevin argues that irregular status is an immanent (rather than aberrant) condition of global capitalism, formed by the fast-tracked processes of globalization.

McNevin casts irregular migrants as more than mere victims of sovereign power, shuttled from one location to the next. Incorporating examples from the United States, Australia, and France, she shows how migrants reject their position as "illegal" outsiders and make claims on the communities in which they live and work. For these migrants, outsider status operates as both a mode of subjectification and as a site of active resistance, forcing observers to rethink the enactment of citizenship. McNevin connects irregular migrant activism to the complex rescaling of the neoliberal state. States increasingly prioritize transnational market relations that disrupt the spatial context for citizenship. At the same time, states police their borders in ways that reinvigorate territorial identities. Mapping the broad dynamics of political belonging in a neoliberal era, McNevin provides invaluable insight into the social and spatial transformation of citizenship, sovereignty, and power.

This thought-provoking book provides a systematic, philosophically-grounded reconceptualisation of press freedom and press regulation. In a major departure from orthodox norms, the book argues that press freedom and coercive independent press regulation are not mutually exclusive; that newspapers could be made to compensate their victims, through regulation, without jeopardising their free speech rights; that their perceived public watchdog status does not exempt them; and, ultimately, that mandatory press regulation is not unconstitutional. In doing so, the book questions our most deeply-held, intuitive beliefs about the press and its role in society. Why do we say the printed press has a duty to act as a public watchdog when there is no legally enforceable apparatus by which to ensure it does? Why does government constantly recommend that the press regulate itself when history shows this model always fails? Why do victims of press malfeasance continue to suffer needlessly? By deconstructing the accepted view of press freedom and mandatory regulation, this book shows that both are deeply misunderstood. The prevailing notion that the press must serve the public is an empty relic of Victorian ideology that is both philosophically incoherent and legally unjustifiable. The press is obliged to make good, not do good.

In Defense of Politicization of Human Rights: The UN Special Procedures constitutes the first comprehensive study of the United Nations Special Procedures, covering their history, methods of work, institutional status, relationship with other politically driven organs, and processes affecting their development. Special Procedures have existed since 1967, nearly as long as United Nations Treaty Bodies, but have received only fragmented analysis, normally focused on a few thematic mandates, until the creation of the Human Rights Council in 2006. In seeking to debunk commonly held views about the role of politics in human rights at international level, In Defense of Politicization of Human Rights constitutes the first comprehensive study of the United Nations Special Procedures as a system covering their history, methods of work, institutional status, relationship with other politically driven organs, and processes affecting their development. The perspective chosen to analyze the human rights mechanisms most vulnerable to political decisions determining their creation, renewal and operationalization, casts a new light on the extent to which these remain the cornerstone of global accountability in protecting the inherent dignity and worth of individuals as well as groups. International human rights mechanisms' efficiency is normally linked to the work of independent experts keen to push the boundaries of accountability against recalcitrant States determined to defend their sovereignty. As a corollary, progress in this field is associated to the creation and maintenance of political free spaces. Another common presumption is a belief in a differentiated 'North' versus 'South' approach to the promotion and protection of human rights, that find common ground within the prevalent human rights discourses repeated by governmental and non-governmental actors. Through the lenses of the United Nations Special Procedures, In Defense of Politicization of Human Rights challenges these and other presumptions informing doctrinal studies, policies and strategies to advance international human rights. Because of the Special Procedures' growing salience and impact in the world of international human rights, this book is likely to become required reading for any student or practitioner of international human rights.

The relationship between law and religion is evident throughout history. They have never been completely independent from each other. There is no doubt that religion has played an important role in providing the underlying values of modern laws, in setting the terms of the relationship between the individual and the state, and in demanding a space for the variety of intermediate institutions which stand between individuals and the state. However, the relationships between law and religion, and the state and religious institutions differ significantly from one modern state to another. There is not one liberalism but many. This work brings together reflections upon the relationship between religion and the law from the perspectives of different sub-traditions within the broader liberal project and in light of some contemporary problems in the accommodation of religious and secular authority.

This book tells the story of a First Nation's single-minded quest for justice. In 1958, the federal government leased part of the small Musqueam Reserve in Vancouver to an exclusive golf club at below market value. When the band members discovered this in 1970, they initiated legal action. Their tenacity led to the 1984 decision in Guerin v. The Queen, whereby the Supreme Court of Canada held that the government has a fiduciary duty towards Indigenous peoples. Jim Reynolds, who served as one of the legal counsel for the Musqueam, provides an in-depth analysis of this landmark case and its impact on Canadian law, politics, and society. By recognizing that the Musqueam had enforceable legal rights, the Guerin case changed the relationship between governments and Indigenous peoples from one of wardship to one based on legal rights. It was a seismic decision.