For many years, commercial speech was summarily excluded from First Amendment protection, without reason or logic. Starting in the mid-1970s, the Supreme Court began to extend protection but it remained strictly limited. In recent years, that protection has expanded, but both Court and scholars have refused to consider treating commercial speech as the First Amendment equivalent of traditionally protected expressive categories such as political speech or literature. Commercial Speech as Free Expression stands as the boldest statement yet for extending full First Amendment protection to commercial speech by proposing a new, four-part synthesis of different perspectives on the manner in which free expression fosters and protects expressive values. This book explains the complexities and subtleties of how the equivalency principle would function in real-life situations. The key is to recognize that as a matter of First Amendment value, commercial speech deserves treatment equivalent to that received by traditionally protected speech.

In this book, Kanstantsin Dzehtsiarou argues that, from the legal perspective, the formula 'European public order' is excessively vague and does not have an identifiable meaning; therefore, it should not be used by the European Court of Human Rights (ECtHR) in its reasoning. However, European public order can also be understood as an analytical concept which does not require a clearly defined content. In this sense, the ECtHR can impact European public order but cannot strategically shape it. The Court's impact is a by-product of individual cases which create a feedback loop with the contracting states. European public order is influenced as a result of interaction between the Court and the contracting parties. This book uses a wide range of sources and evidence to substantiate its core arguments: from a comprehensive analysis of the Court's case law to research interviews with the judges of the ECtHR.

Migration, participation, and citizenship, are central political and social concerns, are deeply affected by money. The role of money - tangible, intangible, conceptual, and as a policy tool - is understudied, overlooked, and analytically underdeveloped. For sending and receiving societies, migrants, their families, employers, NGOs, or private institutions, money defines the border, inclusion or exclusion, opportunity structures, and equality or the lack thereof. Through the analytical lens of money, the chapters in this book expose hidden and sometimes contradictory policy objectives, unwanted consequences, and inconsistent regulatory structures. The authors from a range of fields provide multiple perspectives on how money shapes decisions from all actors in migration trajectories, from micro to macro level. Taking an interdisciplinary approach, the book draws on case studies from Europe, the Americas, Asia, and Africa. This comprehensive overview brings to light the deep global impacts money has on migration and citizenship.

Emma Goldman's Supreme Court appeal occurred during a transitional point for First Amendment law, as justices began incorporating arguments related to free expression into decisions on espionage and sedition cases. This project analyzes the communications that led to her arrest-writings in Mother Earth, a mass-mailed manifesto, and speeches related to compulsory military service during World War I-as well as the ensuing legal proceedings and media coverage. The authors place Goldman's Supreme Court appeal in the context of the more famous Schenck and Abrams trials to demonstrate her place in First Amendment history while providing insight into wartime censorship and the attitude of the mainstream press toward radical speech.

COMO OBTER OS DIFERENTES TIPOS DE VISTO QUE LHE PERMITAM TRABALHAR OU FAZER NEG CIOS NOS EUA Este um guia de f cil compreens o. Aqui voc encontra tudo sobre como obter um visto que satisfa a as suas necessidades. Tudo que voc precisa de saber e discutir com o seu advogado de imigra o. Poupa-lhe tempo e dinheiro. Corta grande parte de custos legais desnecess rios e acelera o processo. O livro completo sem ser exaustivo. Fornece-lhe orienta es indispens veis. CAP TULOS BONUS: Propriedade intelectual nos EUA e em outras partes. Marcas registadas - Orienta es valiosas para quem pretende trazer ou montar produtos/servi os e marcas para os EUA. Patentes - Se um inventor/inovador, liberte suas ideias e torne-as uma realidade rent vel. Este livro descreve os passos desde a idealiza o do conceito at ao pedido de patente.

This is a completely revised and expanded second edition, building on the first edition with two principal aims: to elucidate the role that domestic tort principles play in securing to citizens the human rights standards laid down in the European Convention on Human Rights, including the new 'remedy' under the Human Rights Act 1998; and to evaluate tort principles for compliance with those standards. The first edition was written when the Human Rights Act 1998 was newly enacted and many questions existed as to its potential impact on tort law. Answers to many of the questions, which were raised at that time, are only now emerging. Therefore, the text has been updated to reflect these developments. Whether it is appropriate to attribute particular goals and functions to tort law is highly contested and the analysis begins by locating the discussion within these contemporary debates. The author goes on to examine the extent to which the action against public authorities under section 7 of the Act has impacted on the development of common law principles, as well as the issue of horizontal effect of the Act between non-state actors. New chapters include: 'A Human Rights Based Approach to Tort Law' and 'Public Authority Liability and Privacy - From Misuse of Private Information to Autonomy.'

For the average person, genetic testing has two very different faces. The rise of genetic testing is often promoted as the democratization of genetics by enabling individuals to gain insights into their unique makeup. At the same time, many have raised concerns that genetic testing and sequencing reveal intensely personal and private information. As these technologies become increasingly available as consumer products, the ethical, legal, and regulatory challenges presented by genomics are ever looming. Assembling multidisciplinary experts, this volume evaluates the different models used to deliver consumer genetics and considers a number of key questions: How should we mediate privacy and other ethical concerns around genetic databases? Does aggregating data from genetic testing turn people into products by commercializing their data? How might this data reduce or exacerbate existing healthcare disparities? Contributing authors also provide guidance on protecting consumer privacy and safety while promoting innovation.

Im Juli 2010 ist in das Kreditwesengesetz (KWG) und das Versicherungsaufsichtsgesetz (VAG) jeweils die Regelung aufgenommen worden, dass die Vergutungssysteme fur Geschaftsleiter und Mitarbeiter angemessen, transparent und auf eine nachhaltige Entwicklung des Instituts beziehungsweise des Unternehmens ausgerichtet sein mussen. Im Oktober 2010 folgten zwei konkretisierende Verordnungen: die InstitutsVergV und die VersVergV. In dieser Arbeit werden die aufsichtsrechtlichen Vergutungsvorgaben erlautert und die Moeglichkeiten ihrer Umsetzung in den die Arbeits- und Dienstverhaltnisse gestaltenden Vertragen und Vereinbarungen eroertert. Ziel der Arbeit ist es, die Vorgaben fur die Praxis zu bewerten und die bei ihrer Umsetzung dienstvertragsrechtlichen sowie vor allem individual- und kollektivarbeitsrechtlichen Fragestellungen zu beantworten.

Over the last twenty years, India has enacted legislation to turn development goals such as food security, primary education, and employment into legal rights for its citizens. But enacting laws is different from implementing them. A Human Rights Based Approach to Development in India examines a diverse range of human development issues over a period of rapid economic growth in India. Demonstrating why institutional and economic development are synonymous, this volume details the many obstacles hindering development. The contributors ultimately ask whether India's approach to development is working and whether its right to develop is at odds with its international commitments.

This collection of essays is written by some of the world's leading experts in international human rights law, and corresponds to the main junctures in the professional life of Professor David Kretzmer, a leading human right academic and practitioner. The different essays focus on contemporary human rights protection challenges. They address conceptual problems such as differences between limits and restrictions, and application of human rights standards to businesses and international organisations; legal doctrinal responses to changing realities in the field of surveillance and identity politics; the weakness of monitoring institutions engaged in standard setting; and the practical difficulties in applying international human rights law to the Israeli-Palestinian conflict in a manner sensitive to gender dimensions and the particular political dynamics of the situation. Collectively, the essays offer a rich picture of the current potential shortcomings of international human rights law in addressing complex problems of law, politics and ethics.

Hitherto 'less-lethal' weapons, in contrast to classical firearms and other highly destructive weapons, have literally slipped under the radar of public international law. This book is the first monograph addressing and analysing all international legal regimes applicable to less-lethal weapons, ranging from arms control treaties, international humanitarian, criminal and human rights law. In doing so the different scenarios in which less-lethal weapons come to use will be taken into account, such as law enforcement, armed conflict and law enforcement scenarios during armed conflict. The relationships between the different legal regimes will be elaborated thoroughly with a view to examining how international law responds to less-lethal weapons. The final chapter provides guidelines as well as recommendations on appropriate use and regulation of less-lethal weapons, where the different scenarios of application, such as in armed conflict and law enforcement, will be given due account.

his book addresses a topic of vivid public discussion at both national and international levels where an information technology revolution comes together with pervasive personal data collection. This threat to privacy is peculiar and the old tools, such as consent for personal data processing, fail to work properly in the context of online services. This was clearly seen in the case of Cambridge Analytica which uncovered how easy the procedural requirements of consent and purpose limitation can be abused on a mass scale.The lack of individual control over personal data collected by online service providers is a significant problem experienced by almost every person using the Internet: it is an 'all or nothing' choice between benefiting from digital technology and keeping their personal data away from the extensive corporate surveillance. If people are to have autonomous choice in respect of their privacy processes, then they need to be able to manage these processes themselves. To put individuals in the drivers seat, the book first conducts a careful examination of the economic and technical details of online services which pinpoints both the privacy problems caused by their providers and the particular features of the online environment. Then it devises a set of measures to enable individuals to manage these processes. The proposed Privacy Management Model consists of three interlocking functions of controlling, organising and planning. This requires a mix of regulatory tools: a particular business model in which individuals are supported by third parties (Personal Information Administrators); a set of technological/architectural tools to manage data within the ICT systems of the online service providers; and laws capable of enabling and supporting all these elements.The proposed solution remedies the structural problems of the Internet arising from its architectural and informational imbalances and enables the effective exercise of individual autonomy. At the same time, it facilitates the effective operation of online services and recognises the fundamental importance of the use of personal data for the modern economy. All of this is designed to change the way decision-makers think about Internet privacy and form the theoretical backbone of the next generation of privacy laws. It also shows that technology is not intrinsically privacy invasive and that effective regulation is possible.

Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States. As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, the internet and new technologies such as biometric identification systems have not changed our lives in countless ways. But they have also led to a very worrying transformation. The amount and types of information that the government can obtain has radically expanded, and information that is being collected for foreign intelligence purposes is now being used for domestic criminal prosecution. Traditionally, the Courts have allowed exceptions to the Fourth Amendment rule barring illegal search and seizure on national security grounds. But the new ways in which we collect intelligence are swallowing the rule altogether. Just as alarming, the ever-weaker standards that mark foreign intelligence collection are now being used domestically-and the convergence between these realms threatens individual liberty. Donohue traces the evolution of foreign intelligence law and pairs that account with the progress of Fourth Amendment jurisprudence. She argues that the programmatic surveillance that the National Security Agency conducts amounts to a general warrant-the prevention of which was the point of introducing the Fourth Amendment. The expansion of foreign intelligence surveillance - leant momentum by significant advances in technology, the Global War on Terror, and the emphasis on securing the homeland - now threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers an agenda for reining in the national security state's expansive reach, primarily through Congressional statutory reform that will force the executive and judicial branches to take privacy seriously, even as it provides for the continued collection of intelligence central to U.S. national security. Both alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States.

An ethnographic exploration of the meaning of national citizenship in the context of globalization The American Passport in Turkey explores the diverse meanings and values that people outside of the United States attribute to U.S. citizenship, specifically those who possess or seek to obtain U.S. citizenship while residing in Turkey. OEzlem Altan-Olcay and Evren Balta interviewed more than one hundred individuals and families and, through their narratives, shed light on how U.S. citizenship is imagined, experienced, and practiced in a setting where everyday life is marked by numerous uncertainties and unequal opportunities. When a Turkish mother wants to protect her daughter's modern, secular upbringing through U.S. citizenship, U.S. citizenship, for her, is a form of insurance for her daughter given Turkey's unknown political future. When a Turkish-American citizen describes how he can make a credible claim of national belonging because he returned to Turkey yet can also claim a cosmopolitan Western identity because of his U.S. citizenship, he represents the popular identification of the West with the United States. And when a natural-born U.S. citizen describes with enthusiasm the upward mobility she has experienced since moving to Turkey, she reveals how the status of U.S. citizenship and "Americanness" become valuable assets outside of the States. Offering a corrective to citizenship studies where discussions of inequality are largely limited to domestic frames, Altan-Olcay and Balta argue that the relationship between inequality and citizenship regimes can only be fully understood if considered transnationally. Additionally, The American Passport in Turkey demonstrates that U.S. global power not only reveals itself in terms of foreign policy but also manifests in the active desires people have for U.S. citizenship, even when they do not intend to live in the United States. These citizens, according to the authors, create a new kind of empire with borders and citizen-state relations that do not map onto recognizable political territories.

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Hostage-taking has increased in recent years and has become a problem of worldwide concern. Terrorists and pirates have used hostages in a rising number of incidents and the violence used has escalated alarmingly. Sofia Galani examines the taking of hostages from a victim's perspective, arguing that the international community has failed to protect them. By evaluating various international law concepts and frameworks, including jurisdiction in international law, state responsibility and international human rights law, Galani explains why we are still far from recognizing hostages as victims of human rights violations. She then addresses the question of what can be done to safeguard the human rights of hostages both in theory and practice. Being the first comprehensive study of the human rights of hostages, this book fills a critical gap in the literature for human rights lawyers and researchers in the field.

For many years, commercial speech was summarily excluded from First Amendment protection, without reason or logic. Starting in the mid-1970s, the Supreme Court began to extend protection but it remained strictly limited. In recent years, that protection has expanded, but both Court and scholars have refused to consider treating commercial speech as the First Amendment equivalent of traditionally protected expressive categories such as political speech or literature. Commercial Speech as Free Expression stands as the boldest statement yet for extending full First Amendment protection to commercial speech by proposing a new, four-part synthesis of different perspectives on the manner in which free expression fosters and protects expressive values. This book explains the complexities and subtleties of how the equivalency principle would function in real-life situations. The key is to recognize that as a matter of First Amendment value, commercial speech deserves treatment equivalent to that received by traditionally protected speech.

Institutions matter for the advancement of human rights in global health. Given the dramatic development of human rights under international law and the parallel proliferation of global institutions for public health, there arises an imperative to understand the implementation of human rights through global health governance. This volume examines the evolving relationship between human rights, global governance, and public health, studying an expansive set of health challenges through a multi-sectoral array of global organizations. To analyze the structural determinants of rights-based governance, the organizations in this volume include those international bureaucracies that implement human rights in ways that influence public health in a globalizing world. This volume brings together leading health and human rights scholars and practitioners from academia, non-governmental organizations, and the United Nations system. They explore the foundations of human rights as a normative framework for global health governance, the mandate of the World Health Organization to pursue a human rights-based approach to health, the role of inter-governmental organizations across a range of health-related human rights, the influence of rights-based economic governance on public health, and the focus on global health among institutions of human rights governance. Contributing chapters each map the distinct human rights efforts within a specific institution of global governance for health. Through the comparative institutional analysis in this volume, the contributing authors examine institutional dynamics to operationalize human rights in organizational policies, programs, and practices and assess institutional factors that facilitate or inhibit human rights mainstreaming for global health advancement.

Data protection has become such an important area for law - and for society at large - that it is important to understand exactly what we are doing when we regulate privacy and personal data. This study analyses European privacy rights focusing especially on the GDPR, and asks what kind of legal personhood is presupposed in privacy regulation today. Looking at the law from a deconstructive angle, the philosophical foundations of this highly topical field of law are uncovered. By analysing key legal cases in detail, this study shows in a comprehensive manner that personhood is constructed in individualised ways. With its clear focus on issues relating to European Union law and how its future development will impact wider issues of privacy, data protection, and individual rights, the book will be of interest to those trying to understand current trends in EU law.

The last couple of years have witnessed an unprecedented battle within Europe between values and pragmatism, and between states' interests and individuals' rights. This book examines humanitarian considerations and immigration control from two perspectives; one broader and more philosophical, the other more practical. The impetus to show compassion for certain categories of persons with vulnerabilities can depend on religious, philosophical and political thought. Manifestation of this compassion can vary from the notion of a charitable act to aid 'the wretched' in their home country, to humanitarian assistance for the 'distant needy' in foreign lands and, finally, to immigration policies deciding who to admit or expel from the country. The domestic practice of humanitarian protection has increasingly drawn in transnational law through the expansion of the EU acquis on asylum, and the interpretation of the European Court of Human Rights.

Drawing explicit lines, across time and a broad spectrum of violent acts, to provide the definitive field guide for understanding and opposing white supremacy in America Hate, racial violence, exclusion, and racist laws receive breathless media coverage, but such attention focuses on distinct events that gain our attention for twenty-four hours. The events are presented as episodic one-offs, unfortunate but uncanny exceptions perpetrated by lone wolves, extremists, or individuals suffering from mental illness-and then the news cycle moves on. If we turn to scholars and historians for background and answers, we often find their knowledge siloed in distinct academic subfields, rarely connecting current events with legal histories, nativist insurgencies, or centuries of misogynist, anti-Black, anti-Latino, anti-Asian, and xenophobic violence. But recent hateful actions are deeply connected to the past-joined not only by common perpetrators, but by the vast complex of systems, histories, ideologies, and personal beliefs that comprise white supremacy in the United States. Gathering together a cohort of researchers and writers, A Field Guide to White Supremacy provides much-needed connections between violence present and past. This book illuminates the career of white supremacist and patriarchal violence in the United States, ranging across time and impacted groups in order to provide a working volume for those who wish to recognize, understand, name, and oppose that violence. The Field Guide is meant as an urgent resource for journalists, activists, policymakers, and citizens, illuminating common threads in white supremacist actions at every scale, from hate crimes and mass attacks to policy and law. Covering immigration, antisemitism, gendered violence, lynching, and organized domestic terrorism, the authors reveal white supremacy as a motivating force in manifold parts of American life. The book also offers a sampling of some of the most recent scholarship in this area in order to spark broader conversations between journalists and their readers, teachers and their students, and activists and their communities. A Field Guide to White Supremacy will be an indispensable resource in paving the way for politics of alliance in resistance and renewal.

This book explains the past and present status of hate speech regulations in Japan. The United States and European countries have adopted different approaches to resolve their respective hate speech problems. Both of them, however, continue to confront the dilemma that freedom of speech and anti-racism are fundamental values of human rights. Therefore, some scholars criticize the US approach as too protective of freedom of speech, while other scholars criticize the European approach as impermissibly violating that freedom. Compared to these countries, Japan is unique in that it does not criminalize hate speech and hate crime other than in the recently enacted Kawasaki City Ordinance criminalizing some kinds of hate speech. Japan basically relies on a comprehensive set of non-regulative tools to suppress extreme hate speech. This volume analyses Japanese hate speech laws and suggests a unique distinctive model to strike a balance between both core values of democracy.

This title was first published in 2001. This text critically examines the role and relevance of international human rights law in the process of protection, especially in the cases of Botswana, Namibia and Zimbabwe. It argues that international human rights law does have a role to play in the protection and, indeed the enforcement of human rights in these countries and that there is an emerging trend to that effect.

This book discusses regional and continental integration in Africa by examining the management of migration across the continent. It examines borders and securitisation of migration and the challenges and opportunities that arise out of reconfigured continental demographics. The book offers insights on intra-Africa migrations and highlights how intra-continental migration creates socio-economic and cultural borders. It explores how these borders, beyond the physical boundaries of states, including the Berlin Conference-constructed borders, create cultural divides, challenges for economic integration and cross-border security, and irregular migration patterns. While the movement of economic goods is valued for regional economic integration, the mobility of people is seen as a threat. This approach to migration contradicts the intentions of true integration and development, and triggers negative responses such as xenophobia that cannot be addressed by simply managing the physical border and allowing free movement. This book engages in a pivotal discussion of these issues, which are hitherto missing in African border studies, by demonstrating the ubiquity and overreaching influence of various kinds of borders on the African continent. With multidisciplinary contributions that provide an in-depth understanding of intra-Africa migrations and strategies for enhanced migration management, this book will be a useful resource for scholars and students studying geography, politics, security studies, development studies, African studies and sociology.

Not a day passes without political discussion of immigration. Reception of immigrants, their treatment, strategies seeing to their inclusion, management of migration flows, limitation of their numbers, the selection of immigrants; all are ongoing dialogues. European Societies, Migration, and the Law shows that immigrants, regardless of their individual status, their different backgrounds, or their different histories and motivations to move across borders, are often seen as 'the other' to the imaginary society of nationals making up the receiving (nation-)states. This book provides insights into this issue of 'othering' in the field of immigration and asylum law and policy in Europe. It provides an introduction to the mechanisms of 'othering' and reveals strategies and philosophies which lead to the 'othering' of immigrants. It exposes the tools applied in the implementation and application of legislation that separate, deliberately or not, immigrants from the receiving society.