Over the last few decades, both the European Union and European States have been implementing various strategies to externalize border controls with the declared intent of saving human lives and countering smuggling but with the actual end result of shifting borders, circumventing international obligations and ultimately preventing access to Europe. What has been principally deplored is the fact that externalizing border controls risks creating 'legal black holes'. Furthermore, what is particularly worrying in the current European debate is the intensification of this practice by multiple arrangements with unsafe third countries, exposing migrants and asylum seekers to serious human rights violations. This book explores whether European States can succeed in shifting their responsibility onto Third States in cases of human rights violations. Focusing, in particular, on the 2017 Italy-Libya Memorandum of Understanding, the book investigates the possible basis for triggering the responsibility of outsourcing States. The second part of the book examines how the Italy-Libya MoU is only a small part of a broader scenario, exploring EU policies of externalization. A brief overview of the recent decisions of the EU Court vis-a-vis two aspects of externalization (the EU-Turkey statement and the issue of humanitarian visas) will pave the way for the conclusions since, in the author's view, the current attitude of the Luxembourg Court confirms the importance of focusing on the responsibility of European States and the urgent need to investigate the possibility of bringing a claim against the outsourcing States before the Court of Strasbourg. Offering a new perspective on an extremely topical subject, this book will appeal to students, scholars and practitioners with an interest in European Law, International Law, Migration and Human Rights.

This book presents a collection of essays on key topics and new perspectives on the EU's Area of Freedom, Security and Justice (AFSJ) and has a Foreword by the President of the Court of Justice of the European Union, Prof. Dr. Koen Lenaerts. Europe's area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law. As the AFSJ becomes more and more intertwined with 'mainstream' EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important 'meta' issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas. The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.

European Union equality and anti-discrimination law were revolutionized by the incorporation of Article 13 into the EC Treaty, adding new anti-discrimination grounds and new possibilities. This comprehensive 2007 volume provides a fresh approach to Article 13 and its directives; it adopts a contextual framework to equality and anti-discrimination law in the European Union. Part I deals with the evolution of Article 13, demographic and social change and the inter-relationship between European Equality Law and Human Rights. Part II contains expert essays on each of the Article 13 anti-discrimination grounds: sex, racial or ethnic origin, religion or belief, disability, age and sexual orientation, with common themes weaving throughout. This book will be of interest to everyone concerned with combating discrimination, academics, NGOs, lawyers, human resource professionals, employers, employees, research students and many others in the European Union and beyond.

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.

With the rejection of the Constitutional Treaty in French and Dutch referenda, the European Union received a severe blow. This precipitated a period of reflection and soul searching. How far should the fundamental principles that shape the Union be re-assessed in the light of the Constitutional debate? Can the Constitutional Treaty be rescued from failure? If not what other options for constitutional reform are available? Does the Treaty's rejection signal the failure of the Union's goal of democratic governance? The essays in this volume examine the impact of the debate surrounding the future of the European Constitution on the development of core areas of EU law and policy. Opening with a discussion of the shifting conceptions of European democracy, the volume proceeds to look at key areas of substantive law against the backdrop of the Constitutional Treaty, from Foreign Relations to Fundamental Rights, Social Policy to Justice and Home Affairs. The book concludes with an examination of potential solutions to the constitutional crisis, and models for future constitutional reform.

Der Autor befasst sich mit wesentlichen Fragen aus dem Sachverstandigenrecht, dem die gerichtliche und die aussergerichtliche Arbeit des Sachverstandigen zugrunde liegt. Im Rahmen dieser Tatigkeit muss sich der Sachverstandige mit seiner Beauftragung, seiner Honorierung, der Haftung, dem Versicherungsschutz und der Zusammenarbeit mit anderen Kollegen beschaftigen. Hinzu kommt, dass der Sachverstandige sich einwandfrei gegenuber seinen Auftraggebern, den Gerichtsparteien und dem Gericht verhalten muss, will er eine ordnungsgemasse Arbeit abliefern. Dazu soll das Buch wertvolle Hinweise geben.

This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.

Written by leading experts, Nationality and Statelessness under International Law introduces the study and practice of 'international statelessness law' and explains the complex relationship between the international law on nationality and the phenomenon of statelessness. It also identifies the rights of stateless people, outlines the major legal obstacles preventing the eradication of statelessness and charts a course for this new and rapidly changing field of study. All royalties from the sale of this book support stateless projects.

In recent years, the UN Human Rights Council has approved the 'Respect, Protect, and Remedy' Framework and endorsed the Guiding Principles on Business and Human Rights. These developments have been welcomed widely, but do they adequately address the challenges concerning the human rights obligations of business? This volume of essays engages critically with these important developments. The chapters revolve around four key issues: the process and methodology adopted in arriving at these documents; the source and justification of corporate human rights obligations; the nature and extent of such obligations; and the implementation and enforcement thereof. In addition to highlighting several critical deficits in these documents, the contributing authors also outline a vision for the twenty-first century in which companies have obligations to society that go beyond the responsibility to respect human rights.

In every decade since passage of the Hart Cellar Act of 1965, Congress has faced conflicting pressures: to restrict legal immigration and to provide employers with unregulated access to migrant labor. Lobbying for Inclusion shows that in these debates immigrant rights groups advocated a surprisingly moderate course of action: expansionism was tempered by a politics of inclusion. Rights advocates supported generous family unification policies, for example, but they opposed proposals that would admit large numbers of guest workers without providing a clear path to citizenship. As leaders of pro-immigrant coalitions, Latino and Asian American rights advocates were highly effective in influencing immigration lawmakers even before their constituencies gained political clout in the voting booth. Success depended on casting rights demands in universalistic terms, while leveraging their standing as representatives of growing minority populations.

Forensic Psychological Assessment in Immigration Court is an essential specialized guide for psychologists and clinicians who work with immigrants. Immigration evaluations differ in many ways from other types of forensic assessments because of the psycholegal issues that extend beyond the individual, including family dynamics, social context, and cross-cultural concerns. Immigrants are often victims of trauma and require specialized expertise to elicit the information needed for assessment. Having spent much of their professional careers as practicing forensic psychologists, authors Evans and Hass have compiled a comprehensive text that draws on forensic psychology, psychological assessment, traumatology, family processes, and national and international political forces to present an approach for the effective and ethical practice of forensic psychological assessment in Immigration Court.

This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, this collection considers whether legal norms can and should contribute to the constitution of social democracy. It could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.

Diese Arbeit stellt in einzelnen Aufsatzen praxisnahe Anwendungen der oekonomischen Theorie des Rechts dar. Die Aufsatze wurden so gewahlt, dass die Fulle der moeglichen Anwendungen und zugleich ihr unmittelbarer rechtspolitischer Nutzen deutlich werden. So werden Analysen und rechtspolitische Vorschlage zur Zerstoerung der Rauschgiftmarkte, der Struktur von Zivilprozessen, der Kontrolle der Unternehmensverwaltung und deren Vergutung, zur Wahl effizienter Haftungssysteme, der Abschreckung von Straftaten und der Regulierung der Glucksspielindustrie vorgelegt. Im Rahmen von Anwendungen werden auch die Konzepte der mit dem Nobelpreis ausgezeichneten Autoren des Fachgebietes wie Coase, Becker, Stigler, Akerlof, North und Kahneman dargestellt und erlautert. Sie machen die innovative Kraft und die Zukunftsfestigkeit der dargelegten Konzepte deutlich und belegen ihren Nutzen fur die Praxis der Jurisprudenz.

Spain and Italy have recently become countries of large-scale immigration. This provocative book explores immigration law and the immigrant experience in these southern European nations, and exposes the tension between the temporary and contingent legal status of most immigrants, and the government emphasis on integration. This book reveals that while law and the rhetoric of policymakers stress the urgency of integration, not only are they failing in that effort, but law itself plays a role in that failure. In addressing this paradox, the author combines theoretical insights and extensive data from myriad sources collected over more than a decade to demonstrate the connections among immigrants' role as cheap labor - carefully inscribed in law - and their social exclusion, criminalization, and racialization. Extrapolating from this economics of alterite, this book engages more general questions of citizenship, belonging, race and community in this global era.

This up-to-date analysis of the Supreme Court's landmark rulings on civil rights and liberties is a discussion of the facts, legal issues, and constitutional questions surrounding those rulings. Domino's book serves as either a core text in courses on civil liberties and civil rights, or as a supplementary text in courses on constitutional law and the judiciary. The book is written in the belief that the key to understanding constitutional law is not having the right answers but asking the right questions. It encourages students to be critical thinkers and provides a historical context so students can better understand competing social, legal, and political interests affecting the Supreme Court's decisions today. The text also includes numerous short excerpts from some of the more influential, eloquent, and controversial Supreme Court opinions to illustrate the handiwork of the powerful legal minds who have helped to shape our society. It reminds us that "the Court" is not an abstract legal mechanism, but rather a group of human beings with divergent opinions. New to the Fourth Edition Up-to-date discussion of recent rulings, from the standpoint of the Court as a Cultural Tribunal, including: freedom of expression, including hate speech and the historic Citizens United case on campaign finance freedom of religion, including prayer during public meetings and the controversial Hobby Lobby case on corporate religious belief social issues, including reproductive rights & abortion and the landmark Obergefell case on same-sex marriage New section on obscenity and the First Amendment, including discussion of Internet pornography Expanded discussion of the use of GPS and thermal scanning technology by law enforcement and issues surrounding mobile phone privacy The nomination and confirmation politics surrounding the death of Antonin Scalia, the failed nomination of Merrick Garland, and the confirmation of Trump appointee Neil Gorsuch Analysis and comparison of the Roberts Court to the Rehnquist, Burger, and Warren Courts, revisiting the question of counterrevolution that set the theme for previous editions

This book discusses a central chapter in the history of free speech in the western world. The nature and limits of freedom of speech prompted sophisticated debate in a wide range of areas in the early seventeenth century; it was one of the 'liberties of the subject' fought for by individuals and groups across the political landscape. David Colclough argues that freedom of speech was considered to be a significant civic virtue during this period. Discussions of free speech raised serious questions about what it meant to live in a free state, and how far England was from being such a state. Examining a wide range of sources, from rhetorical handbooks to Parliamentary speeches and manuscript miscellanies, Dr Colclough demonstrates how freedom of speech was conceived positively in the period c. 1603-1628, rather than being defined in opposition to acts of censorship.

Social tensions between majority and minority populations often center on claims that minorities are largely responsible for crime and disorder. Members of some disadvantaged groups in all developed countries, sometimes long-standing residents and other times recent immigrants, experience unwarranted disparities in their dealings with the criminal justice system. Accusations of unfair treatment by police and courts are common. The Oxford Handbook of Ethnicity, Crime, and Immigration provides comprehensive analyses of current knowledge about these and a host of related subjects. Topics include legal and illegal immigration, ethnic and race relations, and discrimination and exclusion, and their links to crime in the United States and elsewhere. Leading scholars from sociology, criminology, law, psychology, geography, and political science document and explore relations among race, ethnicity, immigration, and crime. Individual chapters provide in-depth critical overviews of key issues, controversies, and research. Contributors present the historical backdrops of their subjects, describe population characteristics, and summarize relevant data and research findings. Most articles provide synopses of racial, ethnic, immigration, and justice-related concerns and offer policy recommendations and proposals for future research. Some articles are case studies of particular problems in particular places, including juvenile incarceration, homicide, urban violence, social exclusion, and other issues disproportionately affecting disadvantaged minority groups. The Oxford Handbook of Ethnicity, Crime, and Immigration is the first major effort to examine and synthesize knowledge concerning immigration and crime, ethnicity and crime, and race and crime in one volume, and does so both for the United States and for many other countries.

The free movement of persons and services are key elements, alongside the free movement of goods and capital, in the fundamental freedoms which underpin the European internal market. In recent years two key themes have emerged from the case law of the European Court of Justice. The first is convergence in the case law on the free movement of goods, persons, and services in order to ensure the operation of the internal market through the prohibition of discrimination and the outlawing of unjustified obstacles to free movement. The second is the case law on the rights which flow from the introduction of citizenship of the European Union, which offer constitutional rights for individuals. The tensions between these two lines of authority can be explained through a fresh approach to the analysis and synthesis of the Treaty rules and secondary legislation of the European Community, and of the case law of the European Court of Justice on free movement of persons and services. This approach is based on distinguishing between those rules which relate mainly to the regulation of business activities in the internal market, and those which are mainly concerned with individual rights for citizens of the European Union. The result is a detailed overview of the law relating to workers, establishment, and services in the EU in this modern context.

This collection brings together leading specialists in the areas of European Union law which are now organized under the Area of Freedom, Security and Justice (AFSJ). The concept of the AFSJ was introduced into the EU Treaty framework by the Treaty of Amsterdam in 1997, and it incorporates migration law, family reunion law, asylum law, police cooperation, and cooperation in criminal law. Each of these areas of law is the subject of an in-depth examination in a separate chapter of this book. The early years of the AFSJ, building upon a substantial body of law already in place under the Treaty of Maastricht and various intergovernmental arrangements, have witnessed a rapid expansion in legislative and executive activity in the field of European internal security. In migration law, family reunion law, asylum law, police co-operation, and co-operation in criminal law, the scale and intensity of action at the supranational level is already such as to overturn longstanding assumptions about the priority of national law in matters of migration control and criminal justice. An introductory chapter examines the various policy strands covered by the AFSJ; investigates what, if anything, can be viewed as its distinctive legal underpinning; and discusses its possible future development in the light of current discussions over the adoption of a first documentary Constitution for the European Union. In addition to setting out the main contours of legal policy, each chapter examines the continuing tension between national sovereignty on the one hand and a growing commitment to collective, EU-wide action on the other. The volume also addresses the wider constitutional implications of a growing supranational capacity in questions of the priority of political values in the evolving EU; fundamental rights protection; the control of new forms of executive and administrative discretion; and the pressures of accommodating the ten new Enlargement states within the internal security field.

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Is it defensible to use the concept of a right? Can we justify rights' central place in modern moral and legal thinking, or does the concept unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft develops a new account of rights. Moving beyond the traditional 'interest theory' and 'will theory', he defends a distinctive 'addressive' approach that brings together duty-bearer and right-holder in the first person. This view has important implications for the idea of 'natural' moral rights-that is, rights that exist independently of anyone's recognizing that they do. Cruft argues that only moral duties grounded in the good of a particular party (person, animal, group) are naturally owed to that party as their rights. He argues that human rights in law and morality should be founded on such recognition-independent rights. In relation to property, however, matters are complicated because much property is justifiable only by collective goods beyond the rightholder's own good. For such property, Cruft argues that a new non-rights property system-that resembles markets but is not conceived in terms of rights-would be possible. The result of this study is a partial vindication of the rights concept that is more supportive of human rights than many of their critics (from left or right) might expect, and is surprisingly doubtful about property as an individual right.

This edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures - in particular, joint return flights. The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, international relations.

It seems like there is no such thing as privacy anymore. But the truth is that privacy is in danger only because we think about it in narrow, limited, and outdated ways. In this transformative work, Ari Ezra Waldman, leveraging the notion that we share information with others in contexts of trust, offers a roadmap for data privacy that will better protect our information in a digitized world. With case studies involving websites, online harassment, intellectual property, and social robots, Waldman shows how 'privacy as trust' can be applied in the most challenging real-world contexts to make privacy work for all of us. This book should be read by anyone concerned with reshaping the theory and practice of privacy in the modern world.

Throughout American history, legal battles concerning the First Amendment's protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz's substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Supreme Court is an indispensable resource for anyone interested matters of religious freedom from the Republic's earliest days to current debates.

In this original reinterpretation of the legal status of foreigners in medieval England, Keechang Kim proposes a radically new understanding of the genesis of the modern legal regime and the important distinction between citizens and noncitizens. Making full use of medieval and early modern sources, the book examines how feudal legal arguments were transformed by the political theology of the Middle Ages to become the basis of the modern legal outlook. This innovative study will interest academics, lawyers, and students of legal history, immigration and minority issues.