This book examines the fraught political relationship between British governments, which wanted information about peoples' lives, and the people who desired privacy. To do this it looks at something that Britain only experienced in wartime, a centralized and up-to-date list of everyone in the country: a population register. The abolition of this wartime system is contrasted with later attempts to reintroduce registration, and the change in the political mind-set driving these later schemes to develop centralised webs of so-called objective data is examined. These policies were confronted by privacy campaigns, studied here, but it is shown how government responses succeeded in turning political debates about data into technical discussions about computerization; thus protecting its data, largely on paper, from oversight. This reformulation also shaped the 1984 Data Protection Act, which consequently did not protect privacy but rather increased government's ability to gain knowledge of, and hence power over, the people.

A unique investigation into how alliances form in highly polarized times among LGBTQ, immigrant, and labor rights activists, revealing the impacts within each rights movement. Queer Alliances investigates coalition formation among LGBTQ, immigrant, and labor rights activists in the United States, revealing how these new alliances impact political movement formation. In the early 2000s, the LGBTQ and immigrant rights movements operated separately from and, sometimes, in a hostile manner towards each other. Since 2008, by contrast, major alliances have formed at the national and state level across these communities. Yet, this new coalition formation came at a cost. Today, coalitions across these communities have been largely reluctant to address issues of police brutality, mass incarceration, economic inequality, and the ruthless immigrant regulatory complex. Queer Alliances examines the extent to which grassroots groups bridged historic divisions based on race, gender, class, and immigration status through the development of coalitions, looking specifically at coalition building around expanding LGBTQ rights in Washington State and immigrant and migrant rights in Arizona. Erin Mayo-Adam traces the evolution of political movement formation in each state, and shows that while the movements expanded, they simultaneously ossified around goals that matter to the most advantaged segments of their respective communities. Through a detailed, multi-method study that involves archival research and in-depth interviews with organization leaders and advocates, Queer Alliances centers local, coalition-based mobilization across and within multiple movements rather than national campaigns and court cases that often occur at the end of movement formation. Mayo-Adam argues that the construction of common political movement narratives and a shared core of opponents can help to explain the paradoxical effects of coalition formation. On the one hand, the development of shared political movement narratives and common opponents can expand movements in some contexts. On the other hand, the episodic nature of rights-based campaigns can simultaneously contain and undermine movement expansion, reinforcing movement divisions. Mayo-Adam reveals the extent to which inter- and intra-movement coalitions, formed to win rights or thwart rights losses, represent and serve intersectionally marginalized communities-who are often absent from contemporary accounts of social movement formation.

Domestic constitutions and courts applying international human rights conventions acknowledge the significance of the mass media for a democratic society, not only by granting special privileges but also by imposing enhanced duties and responsibilities to journalists and media companies. However, the challenges of media convergence, media ownership concentration and the internet have led to legal uncertainty. Should media privileges be maintained, and, if so, how is 'the media' to be defined? To what extent does media freedom as a legal concept also encompass bloggers who have not undertaken journalistic education? And how can a legal distinction be drawn between investigative journalism on the one hand and reporting on purely private matters on the other? To answer these questions, Jan Oster combines doctrinal and conceptual comparative analysis with descriptive and normative theory, and argues in favour of a media freedom principle based on the significance of the media for public discourse.

In the first comparative analysis of its kind, Djordje Sredanovic investigates integration policy and practice in the UK and Belgium. The book uses interviews with frontline officers to compare and contrast approaches to citizenship and nationality and measure the levels of discretion in each country, deepening our understanding of how policies are actually executed.

'Focused content, layout and price - Routledge competes and wins in relation to all of these factors' - Craig Lind, University of Sussex, UK 'The best value and best format books on the market.' - Ed Bates, Southampton University, UK Routledge Student Statutes present all the legislation students need in one easy-to-use volume. Developed in response to feedback from lecturers and students, this book offer a fully up-to-date, comprehensive, and clearly presented collection of legislation - ideal for LLB and GDL course and exam use. Routledge Student Statutes are: * Exam Friendly: un-annotated and conforming to exam regulations * Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation * Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have been developed to meet student needs through extensive market research * Easy to use: a clear text design, comprehensive table of contents, multiple indexes and highlighted amendments to the law make these books the most student-friendly Statutes on the market Competitively Priced: Routledge Student Statutes offer content and usability rated as good or better than our major competitor, but at a more competitive price * Supported by a Companion Website: presenting scenario questions for interpreting Statutes, annotated web links, and multiple-choice questions, these resources are designed to help students to be confident and prepared.

Should an employee be allowed to wear a religious symbol at work? Should a religious employer be allowed to impose constraints on employees' private lives for the sake of enforcing a religious work ethos? Should an employee or service provider be allowed, on religious grounds, to refuse to work with customers of the opposite sex or of a same-sex sexual orientation? This book explores how judges decide these issues and defends a democratic approach, which is conducive to a more democratic understanding of our vivre ensemble. The normative democratic approach proposed in this book is grounded on a sociological and historical analysis of two national stories of the relationships between law, religion, diversity and the State, the British (mainly English) and the French stories. The book then puts the democratic paradigm to the test, by looking at cases involving clashes between religious freedoms and competing rights in the workplace. Contrary to the current alternative between the "accommodationist view", which defers to religious requests, and the "analogous" view, which undermines the importance of religious freedom for pluralism, this book offers a third way. It fills a gap in the literature on the relationships between law and religious freedoms and provides guidelines for judges confronted with difficult cases.

This book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in 'humanitarian smuggling' and the national and common policies calling for a broader use of criminal law measures. The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play.

The First Amendment to the United States Constitution begins: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof." Taken as a whole, this statement has the aim of separating church and state, but tensions can emerge between its two elements-the so-called Nonestablishment Clause and the Free Exercise Clause-and the values that lie beneath them. If the government controls (or is controlled by) a single church and suppresses other religions, the dominant church's "establishment" interferes with free exercise. In this respect, the First Amendment's clauses coalesce to protect freedom of religion. But Kent Greenawalt sets out a variety of situations in which the clauses seem to point in opposite directions. Are ceremonial prayers in government offices a matter of free exercise or a form of establishment? Should the state provide assistance to religious private schools? Should parole boards take prisoners' religious convictions into account? Should officials act on public reason alone, leaving religious beliefs out of political decisions? In circumstances like these, what counts as appropriate treatment of religion, and what is misguided? When Free Exercise and Nonestablishment Conflict offers an accessible but sophisticated exploration of these conflicts. It explains how disputes have been adjudicated to date and suggests how they might be better resolved in the future. Not only does Greenawalt consider what courts should decide but also how officials and citizens should take the First Amendment's conflicting values into account.

In this groundbreaking work, Kamal Sadiq reveals that most of the world's illegal immigrants are not migrating directly to the US, but to countries in the vast developing world. And when they arrive in countries like India and Malaysia - which are often governed by weak and erratic bureaucracies - they are able to obtain citizenship papers fairly easily. Sadiq breaks new ground introducing "documentary citizenship" to explain how paperwork - often falsely obtained - confers citizenship on illegal immigrants. Once immigrants obtain documents, Sadiq writes, it is a relatively simple matter for, say, an Afghan migrant with Pakistani papers to pass himself off as a Pakistani citizen both in Pakistan and abroad. Across the globe, there are literally tens of millions of such illegal immigrants who have assumed the guise of "citizens." Who, then, is really a citizen? And what does citizenship mean for most of the world's peoples? Rendered in vivid detail, Paper Citizens not only shows how illegal immigrants acquire false papers, but also sheds light on the consequences this will have for global security in the post 9/11 world.

Court of Injustice reveals how immigration lawyers work to achieve just results for their clients in a system that has long denigrated the rights of those they serve. J.C. Salyer specifically investigates immigration enforcement in New York City, following individual migrants, their lawyers, and the NGOs that serve them into the immigration courtrooms that decide their cases. This book is an account of the effects of the implementation of U.S. immigration law and policy. Salyer engages directly with the specific laws and procedures that mandate harsh and inhumane outcomes for migrants and their families. Combining anthropological and legal analysis, Salyer demonstrates the economic, historical, political, and social elements that go into constructing inequity under law for millions of non-citizens who live and work in the United States. Drawing on both ethnographic research conducted in New York City and on the author's knowledge and experience as a practicing immigration lawyer at a non-profit organization, this book provides unique insight into the workings and effects of U.S. immigration law. Court of Injustice provides an up-close view of the experiences of immigration lawyers at non-profit organizations, in law school clinics, and in private practice to reveal limitations and possibilities available to non-citizens under U.S. immigration law. In this way, this book provides a new perspective on the study of migration by focusing specifically on the laws, courts, and people involved in U.S. immigration law.

The work at hand for bridging the racial divide in the United States From Baltimore and Ferguson to Flint and Charleston, the dream of a post-racial era in America has run up against the continuing reality of racial antagonism. Current debates about affirmative action, multiculturalism, and racial hate speech reveal persistent uncertainty and ambivalence about the place and meaning of race - and especially the black/white divide - in American culture. They also suggest that the work of racial reconciliation remains incomplete. Racial Reconciliation and the Healing of a Nation seeks to assess where we are in that work, examining sources of continuing racial antagonism among blacks and whites. It also highlights strategies that promise to promote racial reconciliation in the future. Rather than revisit arguments about the importance of integration, assimilation, and reparations, the contributors explore previously unconsidered perspectives on reconciliation between blacks and whites. Chapters connect identity politics, the rhetoric of race and difference, the work of institutions and actors in those institutions, and structural inequities in the lives of blacks and whites to our thinking about tolerance and respect. Going beyond an assessment of the capacity of law to facilitate racial reconciliation, Racial Reconciliation and the Healing of a Nation challenges readers to examine social, political, cultural, and psychological issues that fuel racial antagonism, as well as the factors that might facilitate racial reconciliation.

Drawing on new research material from ten European countries, Asylum Determination in Europe: Ethnographic Perspectives brings together a range of detailed accounts of the legal and bureaucratic processes by which asylum claims are decided. The book includes a legal overview of European asylum determination procedures, followed by sections on the diverse actors involved, the means by which they communicate, and the ways in which they make life and death decisions on a daily basis. It offers a contextually rich account that moves beyond doctrinal law to uncover the gaps and variances between formal policy and legislation, and law as actually practiced. The contributors employ a variety of disciplinary perspectives - sociological, anthropological, geographical and linguistic - but are united in their use of an ethnographic methodological approach. Through this lens, the book captures the confusion, improvisation, inconsistency, complexity and emotional turmoil inherent to the process of claiming asylum in Europe.

Using Human Rights to Counter Terrorism uses practical examples to argue that a State's lack of respect for human rights is counter-productive and hinders its fight against terrorism. Through analysing legislative developments since 2001, this book examines how and why many counter terrorism measures have so far been unsuccessful; arguing that longer term, a human rights-centric approach is required. The book's expert contributors have a wide breadth of experience at a national and international level. They have worked with institutions such as national intelligence agencies, the UN Security Council, the UN Human Rights Council as well as a number of UN bodies specializing in Human Rights and Terrorism. Various counter terrorism measures, including mass digital surveillance, the use of drones, and the use of torture are examined. The impact of counter terrorism measures on migration, civil society, and the delivery of humanitarian assistance are assessed. The chapters serve to show that a lack of accountability for human rights violations in these areas can be conducive to an increase in terrorist activity. Those working within State authorities, international and non-governmental organizations will find the arguments presented in this work compelling. Legal practitioners working in the security and human rights sectors will also find this book a useful source of evidence to support human rights countering the challenges of terrorism. Contributors include: F.N. Aolain, R. Barrett, A. Charbord, B. Emmerson, U. Garms, L. Ginsborg, M. Nowak, L. Oldring, T. Parker, M. Scheinin

A just international order and a healthy cosmopolitan discipline of law need to include perspectives that take account of the standpoints, interests, concerns and beliefs of non-Western people and traditions. The dominant scholarly and activist discourses about human rights have developed largely without reference to these other viewpoints. Claims about universality sit uneasily with ignorance of other traditions and parochial or ethnocentric tendencies. The object of the book is to make accessible the ideas of four jurists who present distinct 'Southern' perspectives on human rights.

In a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate challenges faced by companies and stakeholders in improving human rights industry-specific human rights standards current mechanisms to hold corporations to account future challenges for business and human rights With supporting case studies throughout, this text provides an overview of current themes in the field and guidance on practical implementation, demonstrating that a thorough understanding of the human rights challenges faced by business is now vital in any business context.

"There's no place for the state in the bedrooms of the nation," Pierre Elliott Trudeau told reporters. He was making the case for the most controversial of his proposed reforms to the Criminal Code, those concerning homosexuality, birth control, and abortion. In No Place for the State, contributors offer complex and often contrasting perspectives as they assess how the 1969 Omnibus Bill helped shape sexual and moral politics in Canada. Fifty years later, the origins and legacies of the bill are equivocal and the state still seems interested in sexual regulation. This incisive study explains why that matters.

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.

Speaking truth to power is about the resurgence of activism in post-apartheid South Africa. A small legal NGO in Johannesburg, the AIDS Law Project (ALP), along with its allies in the Treatment Action Campaign, fought for more than a decade for the rights of people living with HIV/AIDS. Today South Africa has the laws that protect the rights of people living with HIV/AIDS and the largest treatment programme in the world. This would not have happened without dedicated activism and a commitment to social justice. Speaking truth to power tells how people used our constitution and the law in this struggle. The leadership of the ALP was clear as to how they wanted their history to be told. They saw the ALP story as the story of their clients and their cases, which form the milestones in this struggle. So this is a story about ordinary people who in their own way did some extraordinary things at an exceptionally difficult time. They stood up against prejudice and disinformation because they felt strongly about their rights. For some it was discrimination against themselves; for others it was discrimination against their fellow citizens who were vulnerable because they were living with a disease that had no cure and they were often seriously ill, even dying. To add insult to injury the country's president and, for some time, the government denied the scale of the epidemic. People's rights were being violated, but the law gave them a way to reassert them, generating the first resurgence of civil society in post-apartheid South Africa. This book is about the power of people and their courage to speak the truth.

This book examines the ethical and legal challenges presented by modern techniques of memory retrieval, especially within the context of potential use by the US government in courts of law. Specifically, Marc Blitz discusses the Fourth Amendment's protections against unreasonable searches and the Fifth Amendment's self-incrimination clause. He also argues that we should pay close attention to another constitutional provision that individuals generally don't think of as protecting their privacy: The First Amendment's freedom of speech. First Amendment values also protect our freedom of thought, and this-not simply our privacy-is what is at stake if government engaged in excessive monitoring of our minds.

When they go low, we learn: an examination of mudslinging in contemporary American politics-and how the left can find its footing to achieve structural reform in this mess. The rules of the public discourse game have changed, and The Public Insult Playbook argues that the political left needs to account for the power of vitriol in crafting their theories for social and political change. With this book, noted constitutional law expert and disability rights advocate Ruth Colker offers insights into how public insults have come to infect contemporary public discourse-a technique not invented by but certainly refined by Donald Trump-and, importantly, highlights lessons learned and tools for fighting back. Public insults act as a headwind and dead weight to structural reform. By showcasing the power of insults across a number of civil rights battlegrounds, The Public Insult Playbook uncovers the structural nature of personal attacks, and offers a blueprint for a legal and political strategy that anticipates the profound but poorly understood damage they can inflict to whole movements. Illustrating how completely the tactic has been adopted and embraced by the American right wing, the book catalogues how public insults have been used against people with disabilities, immigrants, people seeking abortions, individuals who are sexually harassed, members of the LGBTQ community, and, of course, Black Americans. These examples demonstrate both the pervasiveness of the deployment of insults by the political right and the ways in which the left has been caught flat-footed by this tactic. She then uses the Black Lives Matter movement as a case study to consider how to effectively counter these insults and maintain an emphasis on structural reform.

After the 1994 genocide in Rwanda, victims, perpetrators, and the country as a whole struggled to deal with the legacy of the mass violence. The government responded by creating a new version of a traditional grassroots justice system called gacaca. Bert Ingelaere, based on his observation of two thousand gacaca trials, offers a comprehensive assessment of what these courts set out to do, how they worked, what they achieved, what they did not achieve, and how they affected Rwandan society. Weaving together vivid firsthand recollections, interviews, and trial testimony with systematic analysis, Ingelaere documents how the gacaca shifted over time from confession to accusation, from restoration to retribution. He precisely articulates the importance of popular conceptions of what is true and just. Marked by methodological sophistication, extraordinary evidence, and deep knowledge of Rwanda, this is an authoritative, nuanced, and bittersweet account of one of the most important experiments in transitional justice after mass violence.