The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for saying that 'shouting fire in a crowded theater' is not protected by the First Amendment. The case itself upheld an espionage conviction, but it also created a much stricter standard for governmental suppression of speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of American's leading First Amendment scholars, Geoffrey Stone and Lee Bollinger, have gathered a group of the nation's leading legal scholars (Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, and others) to evaluate the development of free speech doctrine since Schenk and assess where it might be headed in our post-Snowden era. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies-remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection for free expression it has afforded since the 1960s. Since 1919, the degree of judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, heightened political sensitivities, and new technologies of communication continually reshape our understanding of what sort of speech should be allowed. Publishing on the one hundredth anniversary of the decision that established free speech as we have come to understand it today, The Free Speech Century will serve as essential overview for anyone interested in how our understanding of the First Amendment transformed over time and why it continues to change to this day.

The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.

Die Mitwirkung des Bauherrn ist gerade bei Bauvertragen essentiell wichtig. Ohne sie kann ein komplexes Bauprojekt oft nicht erfolgreich realisiert werden. Die Arbeit beschaftigt sich mit den rechtlichen Konsequenzen unterlassener Mitwirkung des Bauherrn (z.B. fehlende Plane, mangelhafte Vorleistung, verspatete Freigabe usw.). Ausgehend von der allgemeinen werkvertragsrechtlichen Einordnung der Mitwirkungshandlungen des Bestellers als blosse Obliegenheiten untersucht die Arbeit, ob dieses System im Bauvertragsrecht nach BGB und VOB aufrechtzuerhalten ist. Wahrend die Mehrheit der Literatur und Rechtsprechung die zur Erstellung des Bauwerks erforderlichen Mitwirkungshandlungen des Bauherrn weitestgehend zu echten Pflichten heraufstuft, kommt der Autor zu dem Ergebnis, dass am Obliegenheitsmodell des BGB in weiten Teilen festzuhalten ist. Begrundet wird dies mit einer dogmatischen Analyse des gesetzlichen Systems unter Berucksichtigung der besonderen Interessenlagen der am Bau beteiligten Parteien.

An introduction to the legal concept of unconstitutional bias. If a town council denies a zoning permit for a group home for intellectually disabled persons because residents don't want "those kinds of people" in the neighborhood, the town's decision is motivated by the public's dislike of a particular group. Constitutional law calls this rationale "animus." Over the last two decades, the Supreme Court has increasingly turned to the concept of animus to explain why some instances of discrimination are unconstitutional. However, the Court's condemnation of animus fails to address some serious questions. How can animus on the part of people and institutions be uncovered? Does mere opposition to a particular group's equality claims constitute animus? Does the concept of animus have roots in the Constitution? Animus engages these important questions, offering an original and provocative introduction to this type of unconstitutional bias. William Araiza analyzes some of the modern Supreme Court's most important discrimination cases through the lens of animus, tracing the concept from nineteenth century legal doctrine to today's landmark cases, including Obergefell vs. Hodges and United States v. Windsor, both related to the legal rights of same-sex couples. Animus humanizes what might otherwise be an abstract legal question, illustrating what constitutes animus, and why the prohibition against it matters more today than ever in our pluralistic society.

Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship effectively leave hundreds of thousands of people in Africa without a country. These stateless Africans can neither vote nor stand for office; they cannot enrol their children in school, travel freely, or own property; they cannot work for the government; they are exposed to human rights abuses. Statelessness exacerbates and underlies tensions in many regions of the continent.

Citizenship Law in Africa, a comparative study by two programs of the Open Society Foundations, describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state and recommends ways that African countries can bring their citizenship laws in line with international rights norms. The report covers topics such as citizenship by descent, citizenship by naturalisation, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It is essential reading for policymakers, attorneys, and activists. This third edition is a comprehensive revision of the original text, which is also updated to reflect developments at national and continental levels. The original tables presenting comparative analysis of all the continent's nationality laws have been improved, and new tables added on additional aspects of the law.

Since the second edition was published in 2010, South Sudan has become independent and adopted its own nationality law, while there have been revisions to the laws in Côte d'Ivoire, Kenya, Libya, Mali, Mauritania, Namibia, Niger, Senegal, Seychelles, South Africa, Sudan, Tunisia and Zimbabwe. The African Commission on Human and Peoples' Rights and the African Committee of Experts on the Rights and Welfare of the Child have developed important new normative guidance.

How did Canadian border officers come to think of themselves as a "police of the border"? This book tells the story of the shift to law enforcement in Canadian border control. From the 1990s onward, it traces the transformation of a customs organization into a border-policing agency. Border Frictions investigates how considerable political efforts and state resources have made bordering a matter of security and trade facilitation best managed with surveillance technologies. Based on interviews with border officers, ethnographic work carried out in the vicinity of land border ports of entry and policy analysis, this book illuminates features seldom reviewed by critical border scholars. These include the fraught circulation of data, the role of unions in shaping the border policy agenda, the significance of professional socialization in the making of distinct generations of security workers and evidence of the masculinization of bordering. In a time when surveillance technologies track the mobilities of goods and people and push their control beyond and inside geopolitical borderlines, Cote-Boucher unpacks how we came to accept the idea that it is vital to deploy coercive bordering tactics at the land border. Written in a clear and engaging style, this book will appeal to students and scholars in criminology, sociology, social theory, politics, and geography and appeal to those interested in learning about the everyday reality of policing the border.

Transforming Citizenships engages the performativity of citizenship as it relates to transgender individuals and advocacy groups. Instead of reading the law as a set of self-executing discourses, Isaac West takes up transgender rights claims as performative productions of complex legal subjectivities capable of queering accepted understandings of genders, sexualities, and the normative forces of the law. Drawing on an expansive archive, from the correspondence of a transwoman arrested for using a public bathroom in Los Angeles in 1954 to contemporary lobbying efforts of national transgender advocacy organizations, West advances a rethinking of law as capacious rhetorics of citizenship, justice, equality, and freedom. When approached from this perspective, citizenship can be recuperated from its status as the bad object of queer politics to better understand how legal discourses open up sites for identification across identity categories and enable political activities that escape the analytics of heteronormativity and homonationalism. Isaac West is Assistant Professor in the Departments of Communication Studies and Gender, Women's, and Sexuality Studies at the University of Iowa.

In order to be effective, international tribunals should be perceived as legitimate adjudicators. European Consensus and the Legitimacy of the European Court of Human Rights provides in-depth analyses on whether European consensus is capable of enhancing the legitimacy of the European Court of Human Rights (ECtHR). Focusing on the method and value of European consensus, it examines the practicalities of consensus identification and application and discusses whether State-counting is appropriate in human rights adjudication. With over 30 interviews from judges of the ECtHR and qualitative analyses of the case law, this book gives readers access to firsthand and up-to-date information, and provides an understanding of how the European Court of Human Rights in Strasbourg interprets the European Convention on Human Rights.

Internet Privacy Rights analyses the current threats to our online autonomy and privacy and proposes a new model for the gathering, retention and use of personal data. Key to the model is the development of specific privacy rights: a right to roam the internet with privacy, a right to monitor the monitors, a right to delete personal data and a right to create, assert and protect an online identity. These rights could help in the formulation of more effective and appropriate legislation, and shape more privacy-friendly business models. The conclusion examines how the internet might look with these rights in place and whether such an internet could be sustainable from both a governmental and a business perspective.

The use of solitary confinement in prisons became common with the rise of the modern penitentiary during the first half of the nineteenth century and his since remained a feature of many prison systems all over the world. Solitary confinement is used for a panoply of different reasons although research tells us that these practices have widespread negative health effects. Besides the death penalty it is arguably the most punitive and dangerous intervention available to state authorities in democratic nations. Nevertheless, in the United States there is currently an estimated 80-100,000 prisoners in small cells for more than 22 hours per day with little or no social contact and no physical contact visits with family or friends. Even in Scandinavia, thousands of prisoners are placed in solitary confinement every year and with an alarming frequency. These facts have spawned international interest in this topic and a growing international reform movement, which includes researchers, litigators and human rights defenders as well as prison staff and prisoners. This book is the first to take a broad international comparative approach and to apply an interdisciplinary lens to this subject. In this volume neuroscientists, high level prison officials, social and political scientists, medical doctors, lawyers and former prisoners and their families from different countries will address the effects and practices of prolonged solitary confinement and the movement for its reform and abolition.

Immigration remains one of the most pressing and polarizing issues in the United States. In The Immigration Crisis, the political scientist and social activist Armando Navarro takes a hard look at 400 years of immigration into the territories that now form the United States, paying particular attention to the ways in which immigrants have been received. The book provides a political, historical, and theoretical examination of the laws, personalities, organizations, events, and demographics that have shaped four centuries of immigration and led to the widespread social crisis that today divides citizens, non-citizens, regions, and political parties. As a prominent activist, Navarro has participated broadly in the Mexican-American community's responses to the problems of immigration and integration, and his book also provides a powerful glimpse into the actual working of Hispanic social movements. In a sobering conclusion, Navarro argues that the immigration crisis is inextricably linked to the globalization of capital and the American economy's dependence on cheap labor.

How can we understand and contest the global wave of violence against women? In this book, Alison Brysk shows that gender violence across countries tends to change as countries develop and liberalize, but not in the ways that we might predict. She shows how liberalizing authoritarian countries and transitional democracies may experience more shifting patterns and greater levels of violence than less developed and democratic countries, due to changes and uncertainties in economic and political structures. Accordingly, Brysk analyzes the experience of semi-liberal, developing countries at the frontiers of globalization-Brazil, India, South Africa, Mexico, the Philippines, and Turkey-to map out patterns of gender violence and what can be done to change those patterns. As the book shows, gender violence is not static, nor can it be attributed to culture or individual pathology-rather it varies across a continuum that tracks economic, political, and social change. While a combination of international action, law, public policy, civil society mobilization, and changes in social values work to decrease gender violence, Brysk assesses the potential, limits, and balance of these measures. Brysk shows that a human rights approach is necessary but not sufficient to address gender violence, and that insights from feminist and development approaches are essential.

Social 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.

The perception of the immigrant as criminal or deviant has a long history in the United States, with many groups (e.g., Irish, Italians, Latinos) having been associated with perceived increases in crime and other social problems, although data suggest this is not necessarily the case. This Handbook examines the relationship between immigration and crime by presenting chapters reflecting key issues from both historical and current perspectives. The volume includes a range of topics related to immigration and crime, such as the links between immigration rates and crime rates, nativity and crime, and the social construction of the criminal immigrant, as well as historical and current immigration policy vis-a-vis perceptions of the criminal immigrant. Other topics covered in this volume include theoretical perspectives on immigration and assimilation, sanctuary cities, and immigration in the context of the "war on terror." The Routledge Handbook on Immigration and Crime fills the gap in the literature by offering a volume that includes original empirical work as well as review essays that deliver a complete overview of immigration and crime relying on both historical and contemporary perspectives. It is a key collection for students in immigration courses; scholars and researchers in diverse disciplines including criminal justice, criminology, sociology, demography, law, psychology, and urban studies; and policy makers dealing with immigration and border security concerns.

The law of defamation contemplates the clash of two fundamental rights: the right to freedom of expression, including freedom of the media, and the right to reputation. The rules of defamation law are designed to mediate between these two rights. The central proposition that this book makes is that defamation law needs to be reformed to balance the conflicting rights. This discussion flows from a theoretical analysis of the rights in issue; the value underlying the right to reputation that has most resonance is human dignity, while the value that is most apposite to freedom of expression in this context is the argument that free speech is integral to democracy. The argument from democracy emphasizes that speech on matters of public interest should receive greater protection than private speech. This book argues that fundamental rules of defamation law need to be reformed to take into account the dual importance of public interest speech on the one hand, and the right to human dignity on the other. In particular, the presumptions that defamatory allegations are false and have caused damage, the principle of strict liability to primary publishers and negligence liability to secondary publishers, and the availability of punitive damages, should not survive constitutional scrutiny. The quantum of damages and costs rules, and the remedies available in defamation cases, should also be reformed to reflect the importance of dignity to the claimant, and the free speech interest of the public in receiving accurate information on matters of public interest.

Applying a legal pluralist framework, this study examines the complex interrelationships between religion, law and politics in contemporary Ghana, a professedly secular State characterised by high levels of religiosity. It aims to explore legal, cultural and moral tensions created by overlapping loci of authority (state actors, traditional leaders and religious functionaries). It contends that religion can function as an impediment to Ghana's secularity and also serve as an integral tool for realising the State's legal ideals and meeting international human rights standards. Using three case studies - legal tensions, child witchcraft accusations and same-sex partnerships - the study illustrates the ways that the entangled and complicated connections between religion and law compound Ghana's secular orientation. It suggests that legal pluralism is not a mere analytical framework for describing tensions, but ought to be seen as part of the solution. The study contributes to advancing knowledge in the area of the interrelationships between religion and law in contemporary African public domain. This book will be a valuable resource for those working in the areas of Law and Religion, Religious Studies, African Studies, Political Science, Legal Anthropology and Socio-legal Studies.

This collection of essays explores current developments in privacy law, including reform of data protection laws, privacy and the media, social control and surveillance, privacy and the Internet, and privacy and the courts. It places these developments into a broader international context, with a particular focus on the European Union, the United Kingdom, Australia and New Zealand. Adopting a comparative approach, it creates an important resource for understanding international trends in the reform of privacy and data protection laws across a variety of contexts. Written by internationally recognised experts, Emerging Challenges in Privacy Law: Comparative Perspectives provides an accessible introduction to contemporary legal and policy debates in privacy and data protection law. It is essential reading for academics, policy makers and practitioners interested in current challenges facing privacy and data protection law in Europe and in the common law world.

Deportation has again taken a prominent place within the immigration policies of nation-states. Irregular Citizenship, Immigration, and Deportation addresses the social responses to deportation, in particular the growing movements against deportation and detention, and for freedom of movement and the regularization of status. The book brings deportation and anti-deportation together with the aim of understanding the political subjects that emerge in this contested field of governance and control, freedom and struggle. However, rather than focusing on the typical subjects of removal - refugees, the undocumented, and irregular migrants - Irregular Citizenship, Immigration, and Deportation looks at the ways that citizens get caught up in the deportation apparatus and must struggle to remain in or return to their country of citizenship. The transformation of 'regular' citizens into deportable 'irregular' citizens involves the removal of the rights, duties, and obligations of citizenship. This includes unmaking citizenship through official revocation or denationalization, as well as through informal, extra-legal, and unofficial means. The book features stories about struggles over removal and return, deportation and repatriation, rescue and abandonment. The book features eleven 'acts of citizenship' that occur in the context of deportation and anti-deportation, arguing that these struggles for rights, recognition, and return are fundamentally struggles over political subjectivity - of citizenship. This book will be of interest to students and scholars of citizenship, migration and security studies.

This edited collection explores key human rights themes and situates them in the context of developments on the African continent. It examines critical debates in human rights bringing together conceptually and empirically rich contributions from leading thinkers in human rights and African studies. Drawing on scholarly insights from the fields of constitutional law, human rights, development, feminist studies, public health, and media studies, the volume contributes to scholarly debates on constitutionalism, the right to water, securitization of development, environmental and transitional justice, sexual rights, conflict and gender-based violence, the right to development, and China's deepening role in Africa. Consequently, it makes an important scholarly intervention on timely issues pertaining to the African continent and beyond.

Immigration remains one of the most pressing and polarizing issues in the United States. In The Immigration Crisis, the political scientist and social activist Armando Navarro takes a hard look at 400 years of immigration into the territories that now form the United States, paying particular attention to the ways in which immigrants have been received. The book provides a political, historical, and theoretical examination of the laws, personalities, organizations, events, and demographics that have shaped four centuries of immigration and led to the widespread social crisis that today divides citizens, non-citizens, regions, and political parties. As a prominent activist, Navarro has participated broadly in the Mexican-American community's responses to the problems of immigration and integration, and his book also provides a powerful glimpse into the actual working of Hispanic social movements. In a sobering conclusion, Navarro argues that the immigration crisis is inextricably linked to the globalization of capital and the American economy's dependence on cheap labor.

Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

This book focuses on government regulation of religious institutions in South Africa. PART 1 explains the meaning of government regulation for religious communities by providing a brief overview of the relationship between church and state, the right to freedom of religion and the legal status of religious organisations. With reference to case examples, this section highlights the importance of religious autonomy and the right to self-determination of religious institutions and non-interference by the state in the internal affairs of the organisation. No fundamental rights are however absolute and the section concludes with a discussion on the limitation of rights and an overview of the relevant constitutional provisions and anti-discrimination laws in place relevant to religious organisations, in the context of equality and non-discrimination. PART 2 discusses in more detail the daily rights, responsibilities and freedoms associated with the right to freedom of religion within some specific spheres of society where regulation of religion has occurred or are necessary or has proved to be problematic. It includes those related to the role of religion in society; the relations between religion and state institutions; education; finance; family matters; employment law; planning law; broadcast media and general governance issues.

The European Union has committed itself to combating racism as a general objective of law and policy. EU legislation requires Member States to introduce laws prohibiting racial discrimination in many aspects of everyday life, including employment, education, healthcare, and housing. Alongside legislation requiring action at national level, the EU institutions have also made periodic commitments to 'mainstream' racial equality: taking anti-racism objectives into account within all areas of EU law and policy.
This book analyses the extent to which the objectives of combating racism and promoting ethnic equality have been effectively mainstreamed throughout a wide range of EU policy fields. It begins by considering what combating racism means in the contemporary context of the enlarged EU. Bell explores what mainstreaming ethnic equality objectives entails, and whether the priorities and instruments differ from those adopted in the earlier mainstreaming of gender equality, or those used on other discrimination grounds. The second part of the book examines the extent to which EU law and policy objectives have, in practice, been integrated, exploring the effects in the key areas of employment, social inclusion (including education, health and housing), immigration, and criminal law.

Using property and labour as his major themes, Mark Findlay analyses the way in which law has come to serve the cult of the market at the expense of abandoning its broader role of serving communities. With wonderful scholarship he charts a path to how law's social purpose might be regained. Law re-emerges as the primary means for the regulatory state to re-connect with social values and communities. The book is a tour de force.' - Peter Drahos, Australian National UniversityIn this revealing comparative study, Mark Findlay examines the problematic nexus between undervalued labour and vulnerable migration status in dis-embedded markets. It highlights the frustrations raised by timeless regulatory failure and the chronic complicity of private property arrangements in delivering unsustainable market engagement. Mark Findlay identifies the challenge for normative and functional foundations of equitable governance, by repositioning regulatory principle, to restore dignity to market relations. The accountability of property through wider access and inclusion, it is argued, grounds commodified occupation as a vitally valuable social bond in which workers are empowered to participate rather than suffer exploitation. The comparative analysis of the EU and ASEAN regulatory contexts reveals that it is not simply more regulatory activity, but rather its reversion from market interests to human values, which will advance sustainability. Property, Labour and Legal Regulation offers an insightful, critical analysis of crucial contemporary issues facing social administrators, lawyers and policy makers working in the fields of migration, labour law and regulation. Its broad disciplinary coverage lends itself to students of law and regulation who will benefit from this unique evaluation of private property, labour relations and migration exclusivity.

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.