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.

This book contends that the right of access to justice (at national and international levels) constitutes a basic cornerstone of the international protection of human rights, and conforms a true right to the Law. It amounts, lato sensu, to the right to the realization of justice.
In such understanding, it comprises not only the formal access to a tribunal or judge, but also respect for the guarantees of due process of law, the right to a fair trial, and to reparations (whenever they are due), and the faithful execution of judgments. On its part, the right to an effective domestic remedy is a basic pillar of the rule of law in a democratic society. In its part, the right of international individual petition, together with the safeguard of the integrity of international jurisdiction, constitute the basic foundations of the emancipation of the individual vis-a-vis his own State.
This is a domain that has undergone a remarkable development in recent years. It is submitted that the right of access to justice belongs today to the domain of jus cogens. Without it, there is no legal system at all. The protection of the human person in the most adverse circumstances has evolved amongst considerations of ordre public. Such recent evolution has been contributing to the gradual expansion of the material content of jus cogens.
Furthermore, the very notion of "victim" (encompassing direct, indirect and potential victims) has been the subject of a considerable international case-law. Victims have had their cause vindicated in situations of utmost adversity, if not defenselessness (e.g., abandoned or "street children," undocumented migrants, members of peace communities in situations of armed conflict, internally displaced persons, individuals in infra-human conditions of detention, surviving victims of massacres)."

This book contends that the right of access to justice (at national and international levels) constitutes a basic cornerstone of the international protection of human rights, and conforms a true right to the Law. It amounts, lato sensu, to the right to the realization of justice.
In such understanding, it comprises not only the formal access to a tribunal or judge, but also respect for the guarantees of due process of law, the right to a fair trial, and to reparations (whenever they are due), and the faithful execution of judgments. On its part, the right to an effective domestic remedy is a basic pillar of the rule of law in a democratic society. In its part, the right of international individual petition, together with the safeguard of the integrity of international jurisdiction, constitute the basic foundations of the emancipation of the individual vis-a-vis his own State.
This is a domain that has undergone a remarkable development in recent years. It is submitted that the right of access to justice belongs today to the domain of jus cogens. Without it, there is no legal system at all. The protection of the human person in the most adverse circumstances has evolved amongst considerations of ordre public. Such recent evolution has been contributing to the gradual expansion of the material content of jus cogens.
Furthermore, the very notion of "victim" (encompassing direct, indirect and potential victims) has been the subject of a considerable international case-law. Victims have had their cause vindicated in situations of utmost adversity, if not defenselessness (e.g., abandoned or "street children," undocumented migrants, members of peace communities in situations of armed conflict, internally displaced persons, individuals in infra-human conditions of detention, surviving victims of massacres)."

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.

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.

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.

In this groundbreaking work, Kamal Sadiq reveals that most of the world's illegal immigrants are not migrating directly to the US, but to countries in the vast developing world. And when they arrive in countries like India and Malaysia--which are often governed by weak and erratic bureaucracies--they are able to obtain citizenship papers fairly easily. Sadiq introduces "documentary citizenship" to explain how paperwork--often falsely obtained--confers citizenship on illegal immigrants. Once immigrants obtain documents, Sadiq writes, it is a relatively simple matter for, say, an Afghan migrant with Pakistani papers to pass himself off as a Pakistani citizen both in Pakistan and abroad. Across the globe, there are literally tens of millions of such illegal immigrants who have assumed the guise of "citizens." Who, then, is really a citizen? And what does citizenship mean for most of the world's peoples? Rendered in vivid detail, Paper Citizens not only shows how illegal immigrants acquire false papers, but also sheds light on the consequences this will have for global security in the post 9/11 world.

The term "gender" was first distinguished from "sex" in the 1950s when psychologists began to discuss the idea of "gender roles," behaviors and responsibilities given to people by a society rather than flowing from their biology. Since then, leaders across disciplines have sought to better understand the roles of biology, psychology, and culture on gender. New language has emerged alongside rich scientific inquiry and research. Increased visibility of transgender and nonbinary communities has brought awareness to a range of gender diverse experiences, while legal battles, wage disparities, and health inequities continue to prove gender's relevancy in today's world. In this book, Laura Erickson-Schroth and Benjamin Davis guide readers through the knowns and unknowns of gender, asking questions such as: What is the difference between sex, gender identity, and gender expression? Were ancient societies matriarchal? How different are male and female brains, really? What role does language play in the ways we think about gender? What do we know about sex and gender in non-human species? What are the current frontiers in gender equality? Gender: What Everyone Needs to Know (R) is an easy-to-read guide that takes readers on a much-needed tour of perspectives on gender and identity in the 21st century. The book is written in a question-and-answer format, and Erickson-Schroth and Davis cover topics such as current definitions; the history of gender as concept; the role of biology, psychology, and culture on gender; and gender norms over time and across the globe.

Sanctions against private individuals have been widely used in the fight against terrorism, but not without significant controversy. This book examines the complex institutional and substantive issues arising from the European Union's practice of listing and sanctioning private individuals suspected of supporting terrorism. It provides a comprehensive analysis of the issues raised by individual sanctions adopted to give legal effect to United Nations lists and those drawn up by the EU itself.
The book demonstrates that individual sanctions endanger the protection of fundamental rights and the functioning of the European legal order. While the ECJ has in principle confirmed that all Community sanctions are subject to full judicial review irrespective of whether they give effect to UN lists or EU lists, in practice individuals do not have the necessary procedural rights at their disposal. Additionally, protection from listings of individuals as terrorist suspects in the second and third pillar remains very limited. This raises the possibility that national constitutional courts could challenge the supremacy of European law in reaction to this disregard of fundamental rights and foundational principles.
The book provides a comprehensive analysis of these complex legal issues, and situates them in their international context. The basis of the book is a critical review of the case-law of the CFI and the ECJ on individual sanctions. Conclusions are drawn how the EU Courts should provide fundamental rights protection and suggestions are made how the adoption procedure of individual sanctions could comply with general principles of EU law.

The European Convention on Human Rights is one of the world's most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the Convention rights in individual cases. This book offers insight into the concepts and principles that are key to understanding the European Convention and the Court's case law. It explains how the Court approaches its cases and its decision-making process, illustrated by numerous examples taken from the Court's judgments. Core issues discussed include types of Convention rights (such as absolute rights); the structure of the Court's Convention rights review; principles and methods of interpretation (such as common-ground interpretation and the use of precedent); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and the requirements for the restriction of Convention rights.

Private companies exert considerable control over the flow of information on the internet. Whether users are finding information with a search engine, communicating on a social networking site or accessing the internet through an ISP, access to participation can be blocked, channelled, edited or personalised. Such gatekeepers are powerful forces in facilitating or hindering freedom of expression online. This is problematic for a human rights system which has historically treated human rights as a government responsibility, and this is compounded by the largely light-touch regulatory approach to the internet in the West. Regulating Speech in Cyberspace explores how these gatekeepers operate at the intersection of three fields of study: regulation (more broadly, law), corporate social responsibility and human rights. It proposes an alternative corporate governance model for speech regulation, one that acts as a template for the increasingly common use of non-state-based models of governance for human rights.

Countries in the Pacific face unique challenges of survival and progress in establishing themselves and participating fully in international society. Their geographic isolation from the rest of global society is compounded by complex layers of often competing national and indigenous identities among their populations built through wave upon wave of migration. This has created rich diversity, competing regimes and real challenges in terms of state-building, ethnic identity, social policy cohesion and development in post-colonial settings. The issues studied here would be of interest to scholars from a range of different disciplines such as Law, Politics, Sociology and Anthropology. By examining the theory and practice of minority rights law in states such as Fiji and Papua New Guinea, alongside their more familiar neighbours Australia and New Zealand, this book makes a unique contribution in a region often ignored in the literature.

Der Gefahrubergang entscheidet im Exportgeschaft unter anderem uber die Preisgestaltung und die Obliegenheit, die Ware gegen Transportschaden zu versichern. Die Untersuchung entwickelt die wesentlichen Leitgedanken des hier so genannten Gefahrtragungsrechts des UN-Kaufrechts. Zentral sind die Erkenntnisse, dass der Gefahrbegriff streng verschuldensunabhangig zu bestimmen ist und dass kein relevanter Zusammenhang zwischen der Gefahrtragung und dem Inhalt der Lieferpflicht des Verkaufers besteht. Diese Pramissenbildung ermoeglicht eine stringente Auslegung der Einzelvorschriften, beispielsweise zur Wechselwirkung zwischen Pflichtverletzung und Gefahrtragung. Ferner kann nunmehr der Anwendungsbereich der praktisch besonders wichtigen Gefahrtragung beim Versendungskauf trennscharf definiert werden.

Bailey, Harris and Jones is an indispensable text that facilitates a thorough understanding of this complex subject area. It supplies the reader with an unrivalled collection of materials and commentary on all major aspects of the law relating to civil liberties in England and Wales, and is firmly established as a superb resource for students on civil liberties and constitutional law courses.
This sixth edition has been substantially revised and updated to reflect the wealth of new statutory and case law that has developed since publication of the fifth edition. The content has been significantly re-organized to ensure the book remains accessible and fully focused on meeting the needs of the modern law student.
The combination of a wide range of source material together with extensive analysis, commentary and thorough referencing to other sources of information makes Civil Liberties - Cases, Materials, and Commentary an essential resource for all students of civil liberties and human rights law.
Online Resource Center
This book is accompanied by an Online Resource Center, featuring regular updates to the text, and web links.

The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The first amendment, however, prohibits Congress from enacting any law that abridges the freedoms of speech and of the press. While many have long noted the tension between these provisions, recent legal and cultural developments have transformed mere tension into conflict. "No Law" offers a new way to approach these debates.
In eloquent and passionate style, Lange and Powell argue that the First Amendment imposes absolute limits upon claims of exclusivity in intellectual property and expression, and strips Congress of the power to restrict personal thought and free expression in the name of intellectual property rights. Though the First Amendment does not repeal the Constitutional intellectual property clause in its entirety, copyright, patent, and trademark law cannot constitutionally license the private commodification of the public domain.
The authors claim that while the exclusive rights currently reflected in intellectual property are not in truth needed to encourage intellectual productivity, they develop a compelling solution for how Congress, even within the limits imposed by an absolute First Amendment, can still regulate incentives for intellectual creations. Those interested in the impact copyright doctrines have on freedom of expression in the U.S. and the theoretical and practical aspects of intellectual property law will want to take a closer look at this bracing, resonant work.

Terrorism: Documents of International and Local Control is a hardbound series that provides primary-source documents on the worldwide counter-terrorism effort. Chief among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service and the Government Accountability Office, and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. About this Volume Volume 88 constitutes the Terrorism Series' first expansion into non-U.S. legal regimes, and this intital volume deals solely with the UK's approach to security law. Ever since the London bombings of July 7th, 2005, the UK has been faced with the challenge of improving the nation's security while maintaining its proud tradition of civil liberties. Since many other countries, especially the U.S., have been grappling with the same challenge since before the 7/7 bombings, the documents in this volume that present the UK's current approach to security law will serve as meaningful resources. For example, a large portion of the content in this volume addresses recent debates regarding the UK's alleged violations of human rights in the wake of the 7/7 bombings. Given the U.S. controversies related to the Bush's Administration's position on the proper investigation and interrogation of terrorist suspects, this volume's discussion of the UK's approach to human rights serves as a detailed research tool for a comparative study of domestic security law. This latest edition to the Terrorism Series will serve as a valuable reference to scholars and policymakers as they learn from and relate to the challenges the UK has faced in the wake of their own terrorist threats and attacks.

Since September 11, 2001, thousands of individuals in the U.S. have been needlessly swept up in the War on Terror and found themselves subject to a wide range of human and civil rights abuses, from rendition and torture, to workplace discrimination, bullying, FBI surveillance and harassment. In their own words, the narrators of Patriot Acts recount their lives before the 9/11 attacks and their experiences of the backlash that have deeply altered their lives and communities.This book seeks to tell the life stories of the innocent men and women who have been needlessly swept up in the "war on terror." As we approach the ten-year anniversary of 9/11, this collection of narratives gives voice to the people who have had their human rights violated here in the U.S. by post-9/11 policies and actions. Among the narrators: Young men of Arab, Muslim, South Asian, and Middle Eastern descent, who were arrested and detained or singled out for voluntary interviews because of their national origin or religion. Scholars who have been blacklisted or subjected to interrogation for their research or writings on Islam and related topics. Muslim women who have suffered from job discrimination, harassment, and assault for wearing a veil or similar head covering.

Die Publikation stellt mit Vergleichen zur Handels- und Investitionsschiedsgerichtsbarkeit bezuglich dem Court of Arbitration for Sport (CAS) ein Gegenmodell zur klassischen Schiedsgerichtsbarkeit auf. Da der CAS eine gerichtsahnliche Institution ist, stellen die staatlichen Gerichte und deren Vorschriften zur OEffentlichkeit einen tauglichen Vergleichsmassstab dar. Die Autorin eroertert, dass diese rechtlichen Wertungen jedoch allenfalls uber den "Umweg" des ordre public durchgesetzt werden koennen. Sie zeigt daruber hinaus auf, dass die Veroeffentlichung der Schiedsspruche durch den CAS, vergleichbar mit einem Revisionsgericht, fur eine stringente und effektive Rechtsfortentwicklung des Sportrechts erforderlich ist. Abschliessend werden diese Forderungen fur weitere Reformen des CAS-Code anhand konkreter Regelungsvorschlage in englischer Fassung begreiflich gemacht.

An internationally-renowned scholar in the fields of international and transitional justice, Diane Orentlicher provides an unparalleled account of an international tribunals impact in societies that have the greatest stake in its work. In Some Kind of Justice: The ICTYs Impact in Bosnia and Serbia, Orentlicher explores the evolving domestic impact of the International Criminal Tribunal for the former Yugoslavia (ICTY), which operated longer than any other international war crimes court. Drawing on hundreds of research interviews and a rich body of inter-disciplinary scholarship, Orentlicher provides a path-breaking account of how the Tribunal influenced domestic political developments, victims experience of justice, acknowledgement of wartime atrocities, and domestic war crimes prosecutions, as well as the dynamic factors behind its evolving influence in each of these spheres. Highlighting the perspectives of Bosnians and Serbians, Some Kind of Justice offers important and practical lessons about how international criminal courts can improve the delivery of justice.

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.

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.

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 federal Freedom of Information Act (FOIA), which recently turned 50, has been hailed as the primary means by which US citizens can know about how their governors operate in a democratic republic. Recently, however, it has been criticized as ineffective because it is cumbersome and full of loopholes. This book examines the role and effectiveness of the FOIA, comparing the FOIA world with the pre-FOIA world, rating its effectiveness compared to other access laws internationally, examining ways in which it can be improved, and questioning whether it should be dismantled and replaced. This book was originally published as a special issue of Communication Law and Policy.

This collection of essays explores the evolution of anti-discrimination law in European civil law jurisdictions. Historically, scholarship in this area has focused on the common law, which has also taken the lead in developing the theory and practice of anti-discrimination law. This volume breaks new ground by offering a sustained, critical, legal and socio-legal, comparative look at how anti-discrimination is faring in European civil law environments. While it is true that anti-discrimination law is seen as a foreign transplant in some regions, it does not fare poorly across the board. As shown by the case studies herein, the success of anti-discrimination law is found to vary according to its national context, the actors involved, and the evolution of the particular concept or ground of discrimination in question.

Can harsh interrogation techniques and torture ever be morally justified for a nation at war or under the threat of imminent attack? In the aftermath of the September 11, 2001, terrorist strikes, the United States and other liberal democracies were forced to grapple once again with the issue of balancing national security concerns against the protection of individual civil and political rights. This question was particularly poignant when US forces took prisoners in Afghanistan and Iraq who arguably had information about additional attacks. In this volume, ethicist Paul Lauritzen takes on ethical debates about counterterrorism techniques that are increasingly central to US foreign policy and discusses the ramifications for the future of interrogation. Lauritzen examines how doctors, lawyers, psychologists, military officers, and other professionals addressed the issue of the appropriate limits in interrogating detainees. In the case of each of these professions, a vigorous debate ensued about whether the interrogation policy developed by the Bush administration violated codes of ethics governing professional practice. These codes are critical, according to Lauritzen, because they provide resources for democracies and professionals seeking to balance concerns about safety with civil liberties, while also shaping the character of those within these professional guilds. This volume argues that some of the techniques used at Guantanamo Bay and elsewhere were morally impermissible; nevertheless, the healthy debates that raged among professionals provide hope that we may safeguard human rights and the rule of law more effectively in the future.