How Western nations have consolidated their whiteness through the figure of the Muslim in the post-9/11 world While much has been written about post-9/11 anti-Muslim racism (often termed Islamophobia), insufficient attention has been given to how anti-Muslim racism operates through law and is a vital part of law's protection of whiteness. This book fills this gap while also providing a unique new global perspective on white supremacy. Sherene H. Razack, a leading critical race and feminist scholar, takes an innovative approach by situating law within media discourses and historical and contemporary realities. We may think of law as logical, but, argues Razack, its logic breaks down when the subject is Muslim. Tracing how white subjects and majority-white nations in the post-9/11 era have consolidated their whiteness through the figure of the Muslim, Razack examines four sites of anti-Muslim racism: efforts by American evangelical Christians to ban Islam in the school curriculum; Canadian and European bans on Muslim women's clothing; racial science and the sentencing of Muslims as terrorists; and American national memory of the torture of Muslims during wars and occupations. Arguing that nothing has to make sense when the subject is Muslim, she maintains that these legal and cultural sites reveal the dread, phobia, hysteria, and desire that mark the encounter between Muslims and the West. Through the prism of racism, Nothing Has to Make Sense argues that the figure of the Muslim reveals a world divided between the deserving and the disposable, where people of European origin are the former and all others are confined in various ways to regimes of disposability. Emerging from critical race theory, and bridging with Islamophobia/critical religious studies, it demonstrates that anti-Muslim racism is a revelatory window into the operation of white supremacy as a global force.

The Freedom of Information Act (FOIA) enables any person to access, without explanation or justification, to certain existing, identifiable, unpublished, executive branch agency records. Pursuant to FOIA, the public has presumptive access to requested agency records unless the material falls within any of the FOIA's nine categories of exemption from disclosure. Disputes over the accessibility of requested records can be appealed administratively or ultimately settled in court. FOIA is a widely used tool of inquiry and information gathering for various sectors of American society, including the press, businesses, scholars, attorneys, consumers, and activists. This book discusses FOIA's history, examines its implementation, and provides potential policy approaches for Congress

It is a federal crime to wiretap or to use a machine to capture the communications of others without court approval, unless one of the parties has given his prior consent. It is likewise a federal crime to use or disclose any information acquired by illegal wiretapping or electronic eavesdropping. Violations can result in imprisonment for not more than five years; fines up to $250,000; in civil liability for damages, attorney's fees and possibly punitive damages; in disciplinary action against any attorneys involved; and in suppression of any derivative evidence. This book provides an overview of federal law governing wiretapping and electronic eavesdropping under the Electronic Communications Privacy Act (ECPA).

This book on human rights practices chronicles dramatic changes and the stories of the people defending human rights in the countries of Algeria, Egypt, Libya, Syria and Tunisia; with a focus on providing lawmaker's decisions on foreign military and economic aid. Respect for human rights is not a western construct or a uniquely American ideal; it is the foundation for peace and stability everywhere. Universal human rights include the right of citizens to assemble peacefully and to seek to reform or change their governments, a central theme around the world.

This book on human rights practices chronicles dramatic changes and the stories of the people defending human rights in the countries of Belarus, Russia and Ukraine, with a focus on providing lawmaker's decisions on foreign military and economic aid. Respect for human rights is not a western construct or a uniquely American ideal; it is the foundation for peace and stability everywhere. Universal human rights include the right of citizens to assemble peacefully and to seek to reform or change their governments, a central theme around the world.

This book on human rights practices chronicles dramatic changes and the stories of the people defending human rights in the countries of Iran and Iraq; with a focus on providing lawmaker's decisions on foreign military and economic aid. Respect for human rights is not a western construct or a uniquely American ideal; it is the foundation for peace and stability everywhere. Universal human rights include the right of citizens to assemble peacefully and to seek to reform or change their governments, a central theme around the world.

This book explores the possible economic implications of large shifts in the supply of foreign-born, hired farm labour that could result from substantial changes in U.S. immigration laws or policies. Hired labour is an important input to U.S. agricultural production, accounting for about 17 percent of variable production expenses and about 40 percent of such expenses for fruit, vegetables, and nursery products. Over the past 15 years, roughly half of the hired labourers employed in U.S. crop agriculture have lacked the immigration status needed to work legally in the United States. Thus, changes in immigration laws or policies could lead to markedly different economic outcomes in the agricultural sector and the market for hired farm labour. The same is generally true for other economic sectors that rely on large numbers of unauthorised workers.

Approximately 4 million to 5.5 million unauthorized immigrants in the U.S. entered the country legally on a temporary basis but then overstayed their authorized periods of admission, referred to as overstays. This book examines the extent to which the Department of Homeland Security (DHS) takes action to address overstays and its reported results. Additionally, as of January 2012, more than 850,000 active foreign students were in the U.S. enrolled at over 10,000 U.S. schools. The U.S. Immigration and Customs Enforcement agency (ICE) is responsible for managing the Student and Exchange Visitor Program (SEVP) and certifying schools to accept foreign students. This book also examines ICE's fraud prevention and detection procedures for SEVP, and the extent to which ICE has identified and assessed risks and developed policies and procedures to prevent and detect fraud during the initial school certification process and once schools begin accepting foreign students.

THE FORGOTTEN FIRST chronicles the lives of four incredible men, the racism they experienced as Black players entering a segregated sport, the burden of expectation they carried, and their many achievements, which would go on to affect football for generations to come. More than a year before Jackie Robinson broke the color barrier in Major League Baseball, there was another seismic moment in pro sports history. On March 21,1946, former UCLA star running back Kenny Washington-a teammate of Robinson's in college-signed a contract with the Los Angeles Rams. This ended one of the most shameful periods in NFL history, when African-American players were banned from league play. Washington would not be alone in serving as a pioneer for NFL integration. Just months after he joined the Rams, thanks to a concerted effort by influential Los Angeles political and civic leaders, the team signed Woody Strode, who played with both Washington and Robinson at UCLA in one of the most celebrated backfields in college sports history. And that same year, a little-known coach named Paul Brown of the fledgling Cleveland Browns signed running back Marion Motley and defensive lineman Bill Willis, thereby integrating a startup league that would eventually merge with the NFL. THE FORGOTTEN FIRST tells the story of one of the most significant cultural shifts in pro football history, as four men opened the door to opportunity and changed the sport forever.

This book discusses the authority of state and local enforcement to assist in the enforcement of federal immigration law through the investigation and arrest of persons believed to have violated such laws. It describes federal statutes that expressly permit state and local police to enforce immigration law directly, and analyses major cases concerning the ability of states and localities to assist in immigration enforcement.

Congress has a long-standing interest in seeing that immigration enforcement agencies identify and deport serious criminal aliens. The expeditious removal of such aliens has been a statutory priority since 1986, and the Department of Homeland Security (DHS) and its predecessor agency have operated programs targeting criminal aliens for removal since 1988. This book examines the four programs the DHS operates to target criminal aliens with a focus on the merits of jail enforcement programs and the role of state and localities in immigration enforcement.

Das erste Gesetz vom 14.6.1976 zur Reform des Ehe- und Familienrechts brachte vor dreissig Jahren eine voellige Abkehr vom Verschuldensprinzip und stellte nur noch auf das Scheitern der Ehe ab. Die Quellensammlung umfasst die Protokolle uber die schwierigen und langwierigen Beratungen in den Ausschussen des Bundesrates und des Bundestages (1973-1976) sowie im Vermittlungsausschuss zu den 1564-1586b BGB. Die im Anhang erstmals in deutscher UEbersetzung wiedergegebene Anglikanische Denkschrift von 1966 zur Scheidungsrechtsreform war von grosser Bedeutung fur die deutschen Reformarbeiten insbesondere fur die Familienrechtskommission der Evangelischen Kirche Deutschlands und fur die Eherechtskommission des Bundesministeriums der Justiz, deren Schlussberatungen von 1969 dokumentiert werden. Die Einleitung des Herausgebers erlautert die wichtigsten Stationen der Entstehung des Gesetzes von 1976 und enthalt Kurzbiographien der massgebend an der Reform beteiligten Personen.

This book presents and discusses information regarding an increase in border security and the issues surrounding the removal of illegal aliens. Topics discussed include an overview of an implementation policy concerning the removal of aliens in the U.S., border security agencies and their missions; barriers along the U.S. international border; the Department of Homeland Security Intelligence Enterprise and airport passenger security screenings.

The open access edited volume addresses children’s rights and their ability to act in the digital world. The focus is on the position of children as subjects with their own rights and developing capacities. Their consideration by parents, courts and legislators is critically examined. Aspects of digital parenting, especially educational practices and strategies in the context of social media, are analyzed with regard to the tension between protection and participation of children. The edited volume brings debates on privacy and data protection together with those from tort, family and intellectual property law, while also examining the role of families and children in the regulation of data and digital economies, especially online platforms. Legal reflections from Germany, Israel, Portugal and the United States of America are complemented by perspectives from media studies, political science, educational science and sociology of law.

The conventional wisdom is that the terrorist attacks on September 11th 2001 prompted a substantive change in U.S. immigration policy on visa issuances and the grounds for excluding foreign nationals from the United States. A series of laws enacted in the 1990s, however, may have done as much or more to set current U.S. visa policy and the legal grounds for exclusion. This book reviews the legislative developments in visa policy over the past 20 years and analysis of the statistical trends in visa issuances and denials provide a nuanced study of U.S. visa policy and the grounds for exclusion.

Urheberrechtsschranken sind nach der Rechtsprechung grundsatzlich eng auszulegen und nicht analogiefahig. Technische Neuerungen ermoeglichen allerdings bisher unbekannte Nutzungsarten geschutzter Werke durch Digitalisierung. Das erfordert nach Ansicht der Autorin eine standige Weiterentwicklung der urheberrechtlichen Schranken. Sie geht der Frage nach, ob Schranken einzeln weiterentwickelt werden sollen oder mittels des Dreistufentests eine Methode genutzt werden soll, die Schranken nach Sinn und Zweck durch die Rechtsprechung weniger eng auszulegen. Die Autorin eroertert, ob eine Schrankengeneralklausel als Auffangtatbestand durch AEnderung des europaischen Rechts geschaffen werden soll oder gar eine Vollharmonisierung der recht weit divergierenden Schrankendogmatik. Sie analysiert die daraus daraus erwachsende Problematik und bietet denkbare Loesungsansatze an.

This indispensable, one-stop resource examines where Democrats and Republicans stand on current civil rights and civil liberties issues related to voting, free speech, abortion and reproductive rights, guns, and other hot button topics. Both the Democratic and Republican parties claim that they have the best interests of the nation and its people at heart, and they are equally adamant that they have the best policy solutions to address the nation's problems and challenges. Each volume in the Across the Aisle reference series examines the stated policy positions and actual voting/legislative records of the two parties (they are not always the same) on important areas of public policy, both historically and in the present day. This volume sorts through the rhetorical clutter and partisan distortions that typify so many disputes between Republicans and Democrats and provides an accurate, balanced, and even-handed overview of the parties' attitudes and records on vital civil rights and liberties questions.

The EU has become a powerful migration policy actor. As a result, European migration policy is increasingly coming into conflict with its obligation to protect human rights. This open access volume names the most urgent challenges, develops the relevant legal standards and makes proposals for reform. Central problem areas included are: -access to asylum in the EU -freedom of movement for migrants -legal procedural guarantees -the ban on discrimination based on residence status -respect for social and family ties in migration control measures -the guarantee of minimum social rights for irregular migrants, and -the public and civil society infrastructure to defend human rights. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on https://doi.org/10.5771/9783748926740. Open access was funded by the Stiftung Mercator.

In der Insolvenz u ber das Vermoegen einer KG gehoert die haftungsrechtliche Inanspruchnahme der Kommanditisten fu r den verwaltungs- und verfu gungsbefugten Insolvenzverwalter zu dessen Pflichtprogramm. Eine Analyse der diesbezu glichen Rechtsprechung und Literaturpublikationen der jungeren Vergangenheit offenbaren indes, dass dieses Pflichtprogramm eine Vielzahl von rechtlichen Schwierigkeiten in sich birgt. Der Autor eruiert dabei die wesentlichen Streitfragen und setzt sich mit Ihnen im Wege einer wissenschaftlichen Diskussion auseinander. Immer wieder treten dabei die zu erwartenden Folgen fur die Praxis in den Vordergrund der Diskussion. Berucksichtigt wird darin nicht nur die idealtypische KG, sondern auch die als KG ausgestalteten Publikumsgesellschaften sowie die GmbH & Co. KG.

With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.

The book examines in detail the essence, nature and scope of artistic freedom as a human right. It explains the legal problems associated with the lack of a precise definition of the term 'art' and discusses the emergence of a distinct 'right' to artistic freedom under international law. Drawing on a variety of case-studies primarily from the field of visual arts, but also performance, street art and graffiti, it examines potentially applicable 'defences' for those types of artistic expression that are perceived as inappropriate, ugly, offensive, disturbing, or even obscene and transgressive. The book also offers a view on global controversies such as Charlie Hebdo and the Danish Cartoons, attempting to explain the subtleties of offenses related to religious sensibilities and beliefs. It also examines the legitimacy of restrictions on extremist expressions in the case of arts involving criminal artsm such as child pornography in the case of Loli manga.

This book looks at transatlantic jurisdictional conflicts in data protection law and how the fundamental right to data protection conditions the EU's exercise of extraterritorial jurisdiction. Governments, companies and individuals are handling ever more digitised personal data, so it is increasingly important to ensure this data is protected. Meanwhile, the Internet is changing how territory and jurisdiction are realised online. The EU promotes personal data protection as a fundamental right. Especially since the EU's General Data Protection Regulation started applying in 2018, its data protection laws have had strong effects beyond its territory. In contrast, similar US information privacy laws are rooted in the marketplace and carry less normative heft. This has provoked clashes with the EU when their values, interests and laws conflict. This research uses three case studies to suggest ways to mitigate transatlantic jurisdictional tensions over data protection and security, the free flow of information and trade.

In 1914 the British-built and Japanese-owned steamship Komagata Maru left Hong Kong for Vancouver carrying 376 Punjabi migrants. Chartered by railway contractor and purported rubber planter Gurdit Singh, the ship and its passengers were denied entry into Canada and two months later were deported to Calcutta. In Across Oceans of Law Renisa Mawani retells this well-known story of the Komagata Maru. Drawing on "oceans as method"-a mode of thinking and writing that repositions land and sea-Mawani examines the historical and conceptual stakes of situating histories of Indian migration within maritime worlds. Through close readings of the ship, the manifest, the trial, and the anticolonial writings of Singh and others, Mawani argues that the Komagata Maru's landing raised urgent questions regarding the jurisdictional tensions between the common law and admiralty law, and, ultimately, the legal status of the sea. By following the movements of a single ship and bringing oceans into sharper view, Mawani traces British imperial power through racial, temporal, and legal contests and offers a novel method of writing colonial legal history.

Updated in a new 9th edition, this casebook explores civil liberty problems through a study of leading judicial decisions. It offers a reasonable sample of cases across a broad spectrum of rights and liberties. This book introduces groups of featured cases with in-depth commentaries that set the specific historical-legal context of which they are a part, allowing readers to examine significant portions of court opinions, including major arguments from majority, concurring, and dissenting opinions.

This book examines the right to be forgotten and finds that this right enjoys recognition mostly in jurisdictions where privacy interests impose limits on freedom of expression. According to its traditional understanding, this right gives individuals the possibility to preclude the media from revealing personal facts that are no longer newsworthy, at least where no other interest prevails. Cases sanctioning this understanding still abound in a number of countries. In today's world, however, the right to be forgotten has evolved, and it appears in a more multi-faceted way. It can involve for instance also the right to access, control and even erase personal data. Of course, these prerogatives depend on various factors and competing interests, of both private and public nature, which again require careful balancing. Due to ongoing technological evolution, it is likely that the right to be forgotten in some of its new manifestations will become increasingly relevant in our societies.