This volume represents key scholarship on the issue of parental rights and responsibilities, selected from a dense forest of literature. The collection offers an overview of the subject and covers topics such as: underlying rationales of who or what is a parent; legal concepts of 'parent' and their linkage; the legal parent - accommodating complexity; the nature and scope of parental rights; shared parental responsibility; and parental rights and the state.

Applying appropriate legal rules to companies with as much consistency and as little consternation as possible remains a challenge for legal systems. One area causing concern is the availability of damages for non-pecuniary loss to companies, a disquiet that is rooted in the very nature of such damages and of companies themselves. In this book, Vanessa Wilcox presents a detailed examination of the extent to which damages for non-pecuniary loss can be properly awarded to companies. The book focusses on the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment. While the law must be adaptable, Wilcox concludes that considerations of coherency, certainty and ultimately justice dictate that the resulting rules should conform to certain core legal principles. This book lays the foundation for further comparative research into this topic and will be of interest to both the tort law and broader legal community.

This volume gathers influential and cutting-edge scholarship on the international and domestic rights attaching to married couples and other adult relationships. Addressing examples from the European Court of Human Rights, UK, USA, Canada, Australia and South Africa, it traces contentious debates about the content of marital rights and responsibilities and whether law should reach beyond marriage, and if so how. Twenty-four essays and a substantial introduction highlight the complexity and contradictions as marital law grapples with gender equality, the aftermath of recognizing gay and lesbian rights, abiding economic inequalities, and 'exotic' issues such as forced marriage and polygamy.

Everyone has the right to seek asylum under international law, but public discourse in Australia about refugees is dominated by scare-mongering and political point-scoring. The government seeks to 'stop the boats' whatever the cost, be it human, economic, moral or legal. In this new book, Jane McAdam and Fiona Chong find that Australia's policies towards refugees have hardened since their previous bestselling book was published five years ago. Now, Refugee Rights and Policy Wrongs provides a wholly updated account of Australian refugee law and policy. Clearly and carefully, they explain who a refugee is, what rights refugees have under international law, and whether Australia's policies on offshore processing, detention, boat turnbacks and so on violate Australia's obligations under international law. The book also outlines what a human rights-based protection framework might look like and how Australia could show greater global leadership on refugee issues, so as to expand the protection space available to refugees in the Asia-Pacific region. McAdam and Chong trace the ways in which draconian domestic laws enacted over recent years blatantly contravene international law -obligations that Australia has voluntarily signed up to. People seeking asylum, especially those held indefinitely on Manus Island and Nauru, have been broken as a result. The crucial information and depth of understanding this book offers has never been more urgent. Key focal points: Refugee Rights and Policy Wrongs is the most current book on the topic, and includes the so-called medevac legislation that became law on 1 March 2019. Includes full discussion of more recent developments such as Operation Sovereign Borders, with its focus on boat turnbacks, which are shrouded in secrecy. Covers the issue of whether refugees can bring their cases to Australian courts under the provisions of international law.

In the Origins of Totalitarianism, Hannah Arendt famously argued that the stateless were so rightless, that it was better to be a criminal who at least had some rights and protections. In this book, Kathleen R. Arnold examines Arendt's comparison in the context of post-1996 U.S. criminal and immigration policies, arguing that the criminal-stateless binary is significant to contemporary politics and yet flawed. A key distinction made today is that immigrant detention is not imprisonment because it is a civil system. In turn, prisoners are still citizens in some respects but have relatively few rights since the legal underpinnings of "cruel and unusual" have shifted in recent times. The two systems - immigrant detention and the prison system - are also concretely related as they often house both populations and utilize the same techniques (such as administrative segregation). Arnold compellingly argues that prisoners are essentially made into foreigners in these spaces, while immigrants in detention are cast as outlaws. Examining legal theory, political theory and discussing specific cases to illustrate her claims, Arendt, Agamben and the Issue of Hyper-Legality operates on three levels to expose the degree to which prisoners' rights have been suspended and how immigrant policy and detention cast foreigners as inherently criminal. Less talked about, the government in turn expands sovereign, discretionary power and secrecy at the expense of openness, transparency and democratic community. This book will be of interest to scholars and students of contemporary political theory, philosophy and law, immigration, and incarceration.

American public schools often censor controversial student speech that the Constitution protects. Lessons in Censorship brings clarity to a bewildering array of court rulings that define the speech rights of young citizens in the school setting. Catherine J. Ross examines disputes that have erupted in our schools and courts over the civil rights movement, war and peace, rights for LGBTs, abortion, immigration, evangelical proselytizing, and the Confederate flag. She argues that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy. From the 1940s through the Warren years, the Supreme Court celebrated free expression and emphasized the role of schools in cultivating liberty. But the Burger, Rehnquist, and Roberts courts retreated from that vision, curtailing certain categories of student speech in the name of order and authority. Drawing on hundreds of lower court decisions, Ross shows how some judges either misunderstand the law or decline to rein in censorship that is clearly unconstitutional, and she powerfully demonstrates the continuing vitality of the Supreme Court's initial affirmation of students' expressive rights. Placing these battles in their social and historical context, Ross introduces us to the young protesters, journalists, and artists at the center of these stories. Lessons in Censorship highlights the troubling and growing tendency of schools to clamp down on off-campus speech such as texting and sexting and reveals how well-intentioned measures to counter verbal bullying and hate speech may impinge on free speech. Throughout, Ross proposes ways to protect free expression without disrupting education.

In contrast to the claim that refugee law has been a key in guaranteeing a space of protection for refugees, this book argues that law has been instrumental in eliminating spaces of protection, not just from one's persecutors but also from the grasp of sovereign power. By uncovering certain fundamental aspects of asylum as practised in the past and in present day social movements, namely its concern with defining space rather than people and its role as a space of resistance or otherness to sovereign law, this book demonstrates that asylum has historically been antagonistic to law and vice versa. In contrast, twentieth-century refugee law was constructed precisely to ensure the effective management and control over the movements of forced migrants. To illustrate the complex ways in which these two paradigms - asylum and refugee law - interact with one another, this book examines their historical development and concludes with in-depth studies of the Sanctuary Movement in the United States and the Sans-Papiers of France. The book will appeal to researchers and students of refugee law and refugee studies; legal and political philosophy; ancient, medieval and modern legal history; and sociology of political movements.

In the Origins of Totalitarianism, Hannah Arendt famously argued that the stateless were so rightless, that it was better to be a criminal who at least had some rights and protections. In this book, Kathleen R. Arnold examines Arendt's comparison in the context of post-1996 U.S. criminal and immigration policies, arguing that the criminal-stateless binary is significant to contemporary politics and yet flawed. A key distinction made today is that immigrant detention is not imprisonment because it is a civil system. In turn, prisoners are still citizens in some respects but have relatively few rights since the legal underpinnings of "cruel and unusual" have shifted in recent times. The two systems - immigrant detention and the prison system - are also concretely related as they often house both populations and utilize the same techniques (such as administrative segregation). Arnold compellingly argues that prisoners are essentially made into foreigners in these spaces, while immigrants in detention are cast as outlaws. Examining legal theory, political theory and discussing specific cases to illustrate her claims, Arendt, Agamben and the Issue of Hyper-Legality operates on three levels to expose the degree to which prisoners' rights have been suspended and how immigrant policy and detention cast foreigners as inherently criminal. Less talked about, the government in turn expands sovereign, discretionary power and secrecy at the expense of openness, transparency and democratic community. This book will be of interest to scholars and students of contemporary political theory, philosophy and law, immigration, and incarceration.

Top analyst Leslie Gruis's timely new book argues that privacy is an individual right and democratic value worth preserving, even in a cyberized world. Since the time of the printing press, technology has played a key role in the evolution of individual rights and helped privacy emerge as a formal legal concept. All governments exercise extraordinary powers during national security crises. In the United States, many imminent threats during the twentieth century induced heightened government intrusion into the privacy of Americans. The Privacy Act of 1974 and the Foreign Intelligence Surveillance Act (FISA, 1978) reversed that trend. Other laws protect the private information of individuals held in specific sectors of the commercial world. Risk management practices were extended to computer networks, and standards for information system security began to emerge. The National Institute of Standards and Technology (NIST) incorporated many such standards into its Cybersecurity Framework, and is currently developing a Privacy Framework. These standards all contribute to a patchwork of privacy protection which, so far, falls far short of what the U.S. constitutional promise offers and what our public badly needs. Greater privacy protections for U.S. citizens will come as long as Americans remember how democracy and privacy sustain one another, and demonstrate their commitment to them.

The national security and civil liberties tensions of the World War II mass incarceration link 9/11 and the 2015 Paris-San Bernardino attacks to the Trump era in America. This marked an era darkened by accelerating discrimination against, and intimidation of those asserting rights of freedom of religion, association and speech, and by increasingly volatile protests. This book discusses the broad civil liberties challenges posed by these past-into-the-future linkages highlighting pressing questions about the significance of judicial independence for a constitutional democracy committed both to security and to the rule of law. One of which is: Will courts fall passively in line with the elective branches, as they did in Korematsu v. United States, or serve as the guardian of the Bill of Rights, scrutinizing claims of "pressing public necessity" as justification for curtailing fundamental liberties? This book portrays the present-day significance of the Supreme Court's partially discredited, yet never overruled, 1944 decision upholding the constitutional validity of the mass Japanese American exclusion leading to indefinite incarceration. Second, it implicates prospects for judicial independence in adjudging Harassment, Exclusion, Incarceration disputes in contemporary America and beyond. Third, it engages the American populace in shaping law and policy at the ground level by placing the courts' legitimacy on center stage. This book addresses who we are as Americans and whether we are genuinely committed to democracy governed by the Constitution.

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.

["New Default and Purchasing Law. An Interim Review"]; The written version of a lecture given to the Berlin Legal Society. The author makes an initial assessment of the new Default and Purchasing Act two years after the Law of Obligations Modernisation Act came into force. Both the pseudo-problems and the real problems of this area are illustrated here, as are individual questions of the conformity to guidelines of the new Purchasing Act. In particular this advocates a fair interaction with the new law and a discussion free from prejudice. The reform is also evaluated within the context of European Civil Rights Standardisation.

Current estimates of the numbers of people who will be forced from their homes as a result of climate change by the middle of the century range from 50 to 200 million. Therefore, even the most optimistic projections envisage a crisis of migration that will dwarf any we have seen so far. And yet attempts to develop legal mechanisms to deal with this impending crisis have reached an impasse that shows little sign of being overcome. This is in spite of the rapidly growing academic study and policy development in the area of climate change generally. 'Climate Refugees': Beyond the Legal Impasse? addresses a fundamental gap in academic literature and policy making - namely the legal 'no-man's land' in which the issue of climate refugees currently resides. Past proposals for the regulation of climate-induced migration are evaluated, inter alia by their original authors, and the volume also looks at current attempts to regulate climate-induced migration, including by officials from the International Organization for Migration (IOM), the office of the United Nations High Commissioner for Refugees (UNHCR) and the Platform on Displacement Disaster (PDD). Bringing together experts from a variety of academic fields, as well as officials from leading international organisations, this book will be of great interest to students and researchers of Environmental Law, Refugee Law, Human Rights Law, Environmental Studies and International Relations.

This book is the first to systematically examine Chinese refugee law and policy. It provides in-depth legal and policy analysis and makes recommendations to relevant stakeholders, drawing upon not only existing legal and policy scholarships but also empirical information acquired through field visits and interviews with refugees, former refugees, and staff of governmental and non-governmental organisations working with displaced population. It is a timely response to rapidly growing international interest in and demand for information about Chinese and Asian approaches to refugee protection in academia and the policy sector.

Europeans have attempted for some time to develop a human rights talk and now European intellectuals are talking about the need to construct 'European narratives'. This book illustrates that these narratives will emphasize a political and cultural vision for a multi-ethnic and more cosmopolitan Europe. The narratives evolve around human rights, partly in the hope that they might function as a cultural glue in an increasingly multi-ethnic Europe, and partly because they are intimately connected with that part of enlightenment thinking that sought to promote democracy and the rule of law. Helle Porsdam discusses the development of human rights as a discourse of atonement for Europeans - a discourse which has the potential to become a shared, transatlantic discourse. Using an interdisciplinary approach, this book will be an invaluable research tool for postgraduate students and scholars within the fields of law, history, political science and international relations.

The law and practice in this work is that at 10th] anuary 1978. To complete this work in Autumn 1977, as originally intended, was impossible. Principally, this has been due to the changes in the Finance Act 1977, the various mini budgets and the exchange control changes, many of which are relevant to the subject matter of this work. Gratitude is expressed to the publishers for their patience. The Revenue has just revised its useful practice notes, IR 25 1977, dealing with the taxation of foreign earnings. The new IR 25 1977 modifies only slightly the IR 25 in Appen dix4. It will be appreciated that in this work it is impossible to provide for exhaustive treatment of all the taxes. Complexity in some places has been set aside for simplicity and clarity. Any such selectivity consisting of various emphases and omissions rests solely on fallible judgment. It is hoped that some light nevertheless is cast on the basic facets relevant to migrants. Too often these facets are not dealt with appropriately, dealt with separately without any co-ordination or submerged in a plethora of exotic detail of interest to academics and theoreticians only. Further reading is suggested in the Bibliography. Many thanks for assistance, constructive suggestions and encouragement are due (in no particular order) to Dr. J. Barry Bracewell-Milnes of Erasmus University Rotterdam, Dr. Nico Nobel of Nobel & Van WierstBV, Dr. Albert Radler, Edode V ries of Gray's Inn and] eremy Lamb of Comprehensive Financial Services."

Western commentators have often criticized the state of press freedom in China, arguing that individual speech still suffers from arbitrary restrictions and that its mass media remains under an authoritarian mode. Yet the history of press freedom in the Chinese context has received little examination. Unlike conventional historical accounts which narrate the institutional development of censorship and people's resistance to arbitrary repression, Freedom of the Press in China: A Conceptual History, 1831-1949 is the first comprehensive study presenting the intellectual trajectory of press freedom. It sheds light on the transcultural transference and localization of the concept in modern Chinese history, spanning from its initial introduction in 1831 to the establishment of the People's Republic of China in 1949. By examining intellectuals' thoughts, common people's attitudes, and official opinions, along with the social-cultural factors that were involved in negotiating Chinese interpretations and practices in history, this book uncovers the dynamic and changing meanings of press freedom in modern China.

Together, the US Constitution and the Bill of Rights comprise the constitutional foundation of the United States. These-the oldest governing documents still in use in the world-urgently need an update, just as the constitutions of other countries have been updated and revised. Human Rights Of, By, and For the People brings together lawyers and sociologists to show how globalization and climate change offer an opportunity to revisit the founding documents. Each proposes specific changes that would more closely align US law with international law. The chapters also illustrate how constitutions are embedded in society and shaped by culture. The constitution itself sets up contentious relationships among the three branches of government and between the federal government and each state government, while the Bill of Rights and subsequent amendments begrudgingly recognize the civil and political rights of citizens. These rights are described by legal scholars as "negative rights," specifically as freedoms from infringements rather than as positive rights that affirm personhood and human dignity. The contributors to this volume offer "positive rights" instead. The Universal Declaration of Human Rights (UDHR), written in the middle of the last century, inspires these updates. Nearly every other constitution in the world has adopted language from the UDHR. The contributors use intersectionality, critical race theory, and contemporary critiques of runaway economic inequality to ground their interventions in sociological argument.

The central focus of this collection of essays is the role and place of freedom of religion in the protection and promotion of world order. The volume offers competing models of world order from a global perspective and highlights the lack of consensus and considerable variety of practice and belief around the globe as to the definition of religious freedom and where and whether freedom of religion is regarded as the first freedom in the world. The leading theories of freedom of religion are discussed and provide an understanding of freedom of religion beyond the nation state. The liberal view at the global level is also examined and observations are included regarding the need to rethink secularism in the light of present circumstances and within the global context.

How policies forged after September 11 were weaponized under Trump and turned on American democracy itself In the wake of the September 11 terror attacks, the American government implemented a wave of overt policies to fight the nation's enemies. Unseen and undetected by the public, however, another set of tools was brought to bear on the domestic front. In this riveting book, one of today's leading experts on the US security state shows how these "subtle tools" imperiled the very foundations of democracy, from the separation of powers and transparency in government to adherence to the Constitution. Taking readers from Ground Zero to the Capitol insurrection, Karen Greenberg describes the subtle tools that were forged under George W. Bush in the name of security: imprecise language, bureaucratic confusion, secrecy, and the bypassing of procedural and legal norms. While the power and legacy of these tools lasted into the Obama years, reliance on them increased exponentially in the Trump era, both in the fight against terrorism abroad and in battles closer to home. Greenberg discusses how the Trump administration weaponized these tools to separate families at the border, suppress Black Lives Matter protests, and attempt to overturn the 2020 presidential election. Revealing the deeper consequences of the war on terror, Subtle Tools paints a troubling portrait of an increasingly undemocratic America where disinformation, xenophobia, and disdain for the law became the new norm, and where the subtle tools of national security threatened democracy itself.

Paradigms of International Human Rights Law explores the legal, ethical, and other policy consequences of three core structural features of international human rights law: the focus on individual rights instead of duties; the division of rights into substantive and nondiscrimination categories; and the use of positive and negative right paradigms. Part I explains the types of individual, corporate, and state duties available, and analyzes the advantages and disadvantages of incorporating each type of duty into the world public order, with special attention to supplementing individual rights with explicit individual and state duties. Part II evaluates how substantive rights and nondiscrimination rights are used to protect similar values through different channels; summarizes the nondiscrimination right in international practice; proposes refinements; and explains how the paradigms synergize. Part III discusses negative and positive paradigms by dispelling a common misconception about positive rights, and then justifies and defines the concept of negative rights, justifies positive rights, and concludes with a discussion of the ethical consequences of structuring the human rights system on a purely negative paradigm. For each set of alternatives, the author analyzes how human rights law incorporates the paradigms, the technical legal implications of the various alternatives, and the ethical and other policy consequences of using each alternative while dispelling common misconceptions about the paradigms and considering the arguments justifying or opposing one or the other.

A history of the battles over US immigrants' rights since 1965-and how these conflicts reshaped access to education, employment, civil liberties, and more The 1965 Hart-Celler Act transformed the American immigration system by abolishing national quotas in favor of a seemingly egalitarian approach. But subsequent demographic shifts resulted in a backlash over the social contract and the rights of citizens versus noncitizens. In The Walls Within, Sarah Coleman explores those political clashes, focusing not on attempts to stop immigration at the border, but on efforts to limit immigrants' rights within the United States through domestic policy. Drawing on new materials from the Carter, Reagan, and Clinton administrations, and immigration and civil rights organizations, Coleman exposes how the politics of immigration control has undermined the idea of citizenship for all. Coleman shows that immigration politics was not just about building or tearing down walls, but about employer sanctions, access to schools, welfare, and the role of local authorities in implementing policies. In the years after 1965, a rising restrictionist movement sought to marginalize immigrants in realms like public education and the labor market. Yet throughout the 1970s and 1980s, restrictionists faced countervailing forces committed to an expansive notion of immigrants' rights. In the 1990s, with national politics gridlocked, anti-immigrant groups turned to statehouses to enact their agenda. Achieving strength at the local level, conservatives supporting immigration restriction actually acquired more influence under the Clinton presidency than even during the so-called Reagan revolution, resulting in dire consequences for millions of immigrants. Revealing the roots behind much of today's nativist sentiment, The Walls Within examines debates about who is entitled to the American dream, and how such dreams can be subverted for those already calling the country home.

Uncertainty is central to the governance of citizenship, but in ways that erase, even deny, this uncertainty. This book investigates uncertain citizenship from the unique vantage point of 'citizenisation': twenty-first-century integration and naturalisation measures that make and unmake citizens and migrants, while indefinitely holding many applicants for citizenship in what Fortier calls the 'waiting room of citizenship'. Fortier's distinctive theory of citizenisation foregrounds how the full achievement of citizenship is a promise that is always deferred: if migrants and citizens are continuously citizenised, so too are they migratised. Citizenisation and migratisation are intimately linked within the structures of racial governmentality that enables the citizenship of racially minoritised citizens to be questioned and that casts them as perpetual migrants. Drawing on multi-sited fieldwork with migrants applying for citizenship or settlement and with intermediaries of the state tasked with implementing citizenisation measures and policies, Fortier brings life to the waiting room of citizenship, giving rich empirical backing to her original theoretical claims. Scrutinising life in the waiting room enables Fortier to analyse how citizenship takes place, takes time and takes hold in ways that conform, exceed, and confound frames of reference laid out in both citizenisation policies and taken-for-granted understandings of 'the citizen' and 'the migrant'. Uncertain Citizenship's nuanced account of the social and institutional function of citizenisation and migratisation offers its readers a grasp of the array of racial inequalities that citizenisation produces and reproduces, while providing theoretical and empirical tools to address these inequalities. -- .

The book explores the current role of nationality from the point of view of international law, reassessing the validity of the 'classical', state-centered, approach to nationality in light of the 'new' role the human being is gradually acquiring within the international legal order. In this framework, the collection assesses the impact of international human rights rules on the international discourse on nationality and explores the significance international (including private international) law attaches to the links individuals may establish with states other than that of nationality. The book weighs the significance of the bond of nationality in the context of regional integration systems, and explores the fields of international law in which nationality still plays a pivotal role, such as diplomatic protection and dispute settlement in international investment law. The collection includes contributions from legal scholars of different nationalities and academic backgrounds, and offers an excellent resource for academics, practitioners and students undertaking advanced studies in international law.