EU data protection law imposes a series of requirements designed to protect individuals against the risks that result from the processing of their data. It also distinguishes among different types of actors involved in the processing, setting out different obligations for each actor. The most important distinction in this regard is the distinction between ''controllers'' and ''processors''. Together, these concepts provide the very basis upon which responsibility for compliance with EU data protection law is allocated. As a result, both concepts play a decisive role in determining the potential liability of an organisation under EU data protection law, including the General Data Protection Regulation (GDPR).Technological and societal developments have made it increasingly difficult to apply the controller-processor model in practice. The main factors are the growing complexity of processing operations, the diversification of processing, services and the sheer number of actors that can be involved. Against this background, this book seeks to determine whether EU data protection law should continue to maintain the controller-processor model as the main basis for allocating responsibility and liability.This book provides its readers with the analytical framework to help them navigate the intricate relationship of roles, responsibility and liability under EU data protection law. The book begins with an in-depth analysis of the nature and role of the controller and processor concepts. The key elements of each are examined in detail, as is the associated allocation of responsibility and liability. The next part contains a historical-comparative analysis, which traces the origin and development of the controller-processor model over time. To identify the main problems that occur when applying the controller-processor model in practice, a number of real-life use cases are examined (cloud computing, social media, identity management and search engines). In the final part, a critical evaluation is made of the choices made by the European legislature in the context of the GDPR. It is clear that the GDPR has introduced considerable improvements in comparison to EU Directive 95/46. In the long run, however, further changes may well be necessary. By way of conclusion, a number of avenues for possible improvements are presented.

A human right to higher education was included in the International Covenant on Economic Social and Cultural Rights (ICESCR), which came into force in 1976. Yet the world has changed significantly since the ICESCR was drafted. State legislation and policies have generally followed a neoliberal trajectory, shifting the perception of higher education from being a public good to being a commodity able to be bought and sold. This model has been criticized, particularly because it generally reinforces social inequality. At the same time, attaining higher education has become more important than ever before. Higher education is a prerequisite for many jobs and those who have attained higher education enjoy improved life circumstances. This book seeks to determine: Is there still a place for the human right to higher education in the current international context? In seeking to answer this question, this book compares and contrasts two general theoretical models that are used to frame higher education policy: the market-based approach and the human rights-based approach. In the process, it contributes to an understanding of the likely effectiveness of market-based versus human rights-based approaches to higher education provision in terms of teaching and learning. This understanding should enable the development of more improved, sophisticated, and ultimately successful higher education policies. This book contends that a human rights-based approach to higher education policy is more likely to enable the achievement of higher education purposes than a market-based approach. In reaching this conclusion, the book identifies and addresses some strategic considerations of relevance for advocates of a human rights-based approach in this context.

Court of Injustice reveals how immigration lawyers work to achieve just results for their clients in a system that has long denigrated the rights of those they serve. J.C. Salyer specifically investigates immigration enforcement in New York City, following individual migrants, their lawyers, and the NGOs that serve them into the immigration courtrooms that decide their cases. This book is an account of the effects of the implementation of U.S. immigration law and policy. Salyer engages directly with the specific laws and procedures that mandate harsh and inhumane outcomes for migrants and their families. Combining anthropological and legal analysis, Salyer demonstrates the economic, historical, political, and social elements that go into constructing inequity under law for millions of non-citizens who live and work in the United States. Drawing on both ethnographic research conducted in New York City and on the author's knowledge and experience as a practicing immigration lawyer at a non-profit organization, this book provides unique insight into the workings and effects of U.S. immigration law. Court of Injustice provides an up-close view of the experiences of immigration lawyers at non-profit organizations, in law school clinics, and in private practice to reveal limitations and possibilities available to non-citizens under U.S. immigration law. In this way, this book provides a new perspective on the study of migration by focusing specifically on the laws, courts, and people involved in U.S. immigration law.

Over the last twenty years, India has enacted legislation to turn development goals such as food security, primary education, and employment into legal rights for its citizens. But enacting laws is different from implementing them. A Human Rights Based Approach to Development in India examines a diverse range of human development issues over a period of rapid economic growth in India. Demonstrating why institutional and economic development are synonymous, this volume details the many obstacles hindering development. The contributors ultimately ask whether India's approach to development is working and whether its right to develop is at odds with its international commitments.

In spite of a continued increase in the substantive scope and reach of EU fundamental rights, little attention has been paid to their practical enforcement. In this book, Mark Dawson looks at the mechanisms through which EU fundamental rights are protected and enforced, closely examining the interrelation between the EU's pertinent legal and political bodies. He argues that in order to understand EU fundamental rights we must also understand the institutional, political and normative constraints that shape the EU's policies. The book examines the performance of different EU institutions in relation to rights and studies two important policy fields - social rights and rule of law protection - in depth.

Contemporary feminist advocacy in human rights, international criminal law, and peace and security is gripped by the issue of sexual violence in conflict. But it hasn't always been this way. Analyzing feminist international legal and political work over the past three decades, Karen Engle argues that it was not inevitable that sexual violence in conflict would become such a prominent issue. Engle reveals that as feminists from around the world began to pay an enormous amount of attention to sexual violence in conflict, they often did so at the cost of attention to other issues, including the anti-militarism of the women's peace movement; critiques of economic maldistribution, imperialism, and cultural essentialism by feminists from the global South; and the sex-positive positions of many feminists involved in debates about sex work and pornography. The Grip of Sexual Violence in Conflict offers a detailed examination of how these feminist commitments were not merely deprioritized, but undermined, by efforts to address the issue of sexual violence in conflict. Engle's analysis reinvigorates vital debates about feminist goals and priorities, and spurs readers to question much of today's common sense about the causes, effects, and proper responses to sexual violence in conflict.

Reimagining the National Security State provides the first comprehensive picture of the toll that US government policies took on civil liberties, human rights, and the rule of law in the name of the war on terror. Looking through the lenses of theory, history, law, and policy, the essays in this volume illuminate the ways in which liberal democracy suffered at the hands of policymakers in the name of national security. The contributors, who are leading experts and practitioners in fields ranging from political theory to evolutionary biology, discuss the vast expansion of executive powers, the excessive reliance secrecy, and the exploration of questionable legal territory in matters of detention, criminal justice, targeted killings, and warfare. This book gives the reader an eye-opening window onto the historical precedents and lasting impact the security state has had on civil liberties, human rights and, the rule of law in the name of the war on terror.

High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.

Why is there such a large gap between the declarations that countries make about human rights and their imperfect implementation of them? Why do states that have enacted laws and signed treaties about human rights choose to not enforce these laws in daily life? Why have activists failed to achieve the goals of ensuring human rights domestically and internationally? This book examines the issue of human rights in the Israeli domestic arena by analyzing the politics and strategies of defending human rights. To do so, it integrates the tools of social choice theory with a unique institutionalist perspective that looks at both formal and informal, and local and international factors. The book offers an analysis explaining the processes through which Israel is struggling to promote human rights within a specific institutional environment, thus determining the future of Israeli democracy and its attitude toward human rights.

To allow or restrict hate speech is a hotly debated issue in many societies. While the right to freedom of speech is fundamental to liberal democracies, most countries have accepted that hate speech causes significant harm and ought to be regulated. Richard Moon examines the application of hate speech laws when religion is either the source or target of such speech. Moon describes the various legal restrictions on hate speech, religious insult, and blasphemy in Canada, Europe and elsewhere, and uses cases from different jurisdictions to illustrate the particular challenges raised by religious hate speech. The issues addressed are highly topical: speech that attacks religious communities, specifically anti-Muslim rhetoric, and hateful speech that is based on religious doctrine or scripture, such as anti-gay speech. The book draws on a rich understanding of freedom of expression, the harms of hate speech, and the role of religion in public life.

Over the past decade, a global convergence in migration policies has emerged, and with it a new, mean-spirited politics of immigration. It is now evident that the idea of a settler society, previously an important landmark in understanding migration, is a thing of the past. What are the consequences of this shift for how we imagine immigration? And for how we regulate it? This book analyzes the dramatic shift away from the settler society paradigm in light of the crisis of asylum, the fear of Islamic fundamentalism, and the demise of multiculturalism. What emerges is a radically original take on the new global politics of immigration that can explain policy paralysis in the face of rising death tolls, failing human rights arguments, and persistent state desires to treat migration as an economic calculus.

While almost everyone has heard of human rights, few will have reflected in depth on what human rights are, where they originate from and what they mean. A Philosophical Introduction to Human Rights - accessibly written without being superficial - addresses these questions and provides a multifaceted introduction to legal philosophy. The point of departure is the famous 1948 Universal Declaration of Human Rights, which provides a frame for engagement with western legal philosophy. Thomas Mertens sketches the philosophical and historical background of the Declaration, discusses the ten most important human rights with the help of key philosophers, and ends by reflecting on the relationship between rights and duties. The basso continuo of the book is a particular world view derived from Immanuel Kant. 'Unsocial sociability' is what characterises humans, i.e. the tension between man's individual and social nature. Some human rights emphasize the first, others the second aspect. The tension between these two aspects plays a fundamental role in how human rights are interpreted and applied.

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.

'Devastating and urgent, this book could not be more timely' Caroline Criado Perez, award-winning and bestselling author of Invisible Women Danielle Citron takes the conversation about technology and privacy out of the boardrooms and op-eds to reach readers where we are - in our bathrooms and bedrooms; with our families and our lovers; in all the parts of our lives we assume are untouchable - and shows us that privacy, as we think we know it, is largely already gone. The boundary that once protected our intimate lives from outside interests is an artefact of the twentieth century. In the twenty-first, we have embraced a vast array of technology that enables constant access and surveillance of the most private aspects of our lives. From non-consensual pornography, to online extortion, to the sale of our data for profit, we are vulnerable to abuse -- and our laws have failed miserably to keep up. With vivid examples drawn from interviews with victims, activists and lawmakers from around the world, The Fight for Privacy reveals the threat we face and argues urgently and forcefully for a reassessment of privacy as a human right. As a legal scholar and expert, Danielle Citron is the perfect person to show us the way to a happier, better protected future.

A sweeping historical and political account of how our present-day policy debates around citizenship and equality came to be The landmark Supreme Court decision in June 2015 legalizing the right to same-sex marriage marked a major victory in gay and lesbian rights in the United States. Once subject to a patchwork of laws granting legal status to same-sex couples in some states and not others, gay and lesbian Americans now enjoy full legal status for their marriages wherever they travel or reside in the country. For many, the Supreme Court's ruling means that gay and lesbian citizens are one step closer to full equality with the rest of America. In Fragmented Citizens, Stephen M. Engel contends that the present moment in gay and lesbian rights in America is indeed one of considerable advancement and change-but that there is still much to be done in shaping American institutions to recognize gays and lesbians as full citizens. With impressive scope and fascinating examples, Engel traces the relationship between gay and lesbian individuals and the government from the late nineteenth century through the present. Engel shows that gays and lesbians are more accurately described as fragmented citizens. Despite the marriage ruling, Engel argues that LGBT Americans still do not have full legal protections against workplace, housing, family, and other kinds of discrimination. There remains a continuing struggle of the state to control the sexuality of gay and lesbian citizens-they continue to be fragmented citizens. Engel argues that understanding the development of the idea of gay and lesbian individuals as 'less-than-whole' citizens can help us make sense of the government's continued resistance to full equality despite massive changes in public opinion. Furthermore, he argues that it was the state's ability to identify and control gay and lesbian citizens that allowed it to develop strong administrative capacities to manage all of its citizens in matters of immigration, labor relations, and even national security. The struggle for gay and lesbian rights, then, affected not only the lives of those seeking equality but also the very nature of American governance itself. Fragmented Citizens is a sweeping historical and political account of how our present-day policy debates around citizenship and equality came to be.

Between the 1960s and the 1980s, the human rights movement achieved unprecedented global prominence. Amnesty International attained striking visibility with its Campaign Against Torture; Soviet dissidents attracted a worldwide audience for their heroism in facing down a totalitarian state; the Helsinki Accords were signed, incorporating a "third basket" of human rights principles; and the Carter administration formally gave the United States a human rights policy. The Breakthrough is the first collection to examine this decisive era as a whole, tracing key developments in both Western and non-Western engagement with human rights and placing new emphasis on the role of human rights in the international history of the past century. Bringing together original essays from some of the field's leading scholars, this volume not only explores the transnational histories of international and nongovernmental human rights organizations but also analyzes the complex interplay between gender, sociology, and ideology in the making of human rights politics at the local level. Detailed case studies illuminate how a number of local movements-from the 1975 World Congress of Women in East Berlin, to antiapartheid activism in Britain, to protests in Latin America-affected international human rights discourse in the era as well as the ways these moments continue to influence current understanding of human rights history and advocacy. The global south-an area not usually treated as a scene of human rights politics-is also spotlighted in groundbreaking chapters on Biafran, South American, and Indonesian developments. In recovering the remarkable presence of global human rights talk and practice in the 1970s, The Breakthrough brings this pivotal decade to the forefront of contemporary scholarly debate. Contributors: Carl J. Bon Tempo, Gunter Dehnert, Celia Donert, Lasse Heerten, Patrick William Kelly, Benjamin Nathans, Ned Richardson-Little, Daniel Sargent, Brad Simpson, Lynsay Skiba, Simon Stevens.

There are a multitude of UN legal instruments which pertain to the rights of freedom of expression and information, and this book is the first to comprehensively map them and their function. It details the chequered history of both of these rights within the UN system and evaluates the suitability of the system for overcoming contemporary challenges and threats to the rights. Leading scholars address key issues, such as how the rights to freedom of expression and information can come into conflict with other human rights and with public policy goals, such as counter-terrorism. The book's institutional focus comprises five international treaties, UNESCO and the UN Special Rapporteur on freedom of expression. Relevant for academics, lawyers, policy-makers and civil society actors, it also examines how new communication technologies have prompted fresh thinking about the substance and scope of the rights to freedom of expression and information.

Advertising is everywhere. By some estimates, the average American is exposed to over 3,000 advertisements each day. Whether we realize it or not, "adcreep"-modern marketing's march to create a world where advertising can be expected anywhere and anytime-has come, transforming not just our purchasing decisions, but our relationships, our sense of self, and the way we navigate all spaces, public and private. Adcreep journeys through the curious and sometimes troubling world of modern advertising. Mark Bartholomew exposes an array of marketing techniques that might seem like the stuff of science fiction: neuromarketing, biometric scans, automated online spies, and facial recognition technology, all enlisted to study and stimulate consumer desire. This marriage of advertising and technology has consequences. Businesses wield rich and portable records of consumer preference, delivering advertising tailored to your own idiosyncratic thought processes. They mask their role by using social media to mobilize others, from celebrities to your own relatives, to convey their messages. Guerrilla marketers turn every space into a potential site for a commercial come-on or clandestine market research. Advertisers now know you on a deeper, more intimate level, dramatically tilting the historical balance of power between advertiser and audience. In this world of ubiquitous commercial appeals, consumers and policymakers are numbed to advertising's growing presence. Drawing on a variety of sources, including psychological experiments, marketing texts, communications theory, and historical examples, Bartholomew reveals the consequences of life in a world of non-stop selling. Adcreep mounts a damning critique of the modern American legal system's failure to stem the flow of invasive advertising into our homes, parks, schools, and digital lives.

In 1993, JosE MedellIn, an eighteen-year-old Mexican national who lived most of his life in the United States, was arrested for his participation in the gang rape and murder of two girls in Houston, Texas. Despite telling police that he was born in Mexico, he was never informed of his rights to contact the Mexican Consulate, a right guaranteed to him by Article 36 of the Vienna Convention on Consular Relations. The Mexican government filed suit against the United States in the International Court of Justice (ICJ), which ruled that the United States had violated the rights of both Mexico and MedellIn, along with fifty-one other Mexican nationals in other cases. The ICJ instructed the United States to provide "review and reconsideration" of the convictions and sentences of the fifty-two Mexican nationals.Armed with this new decision, MedellIn sought a writ of habeas corpus, which was denied by the lower courts. He petitioned for a writ of certiorari, which the Supreme Court granted, twice. While President George W. Bush sided with the ICJ, the State of Texas, under Solicitor General Ted Cruz, argued against the president. Despite a nearly universal belief among court watchers and legal scholars that Texas would lose, the Court in a 6-3 decision ruled in favor of Texas and against MedellIn in June 2008. MedellIn was executed just two months later. In this volume Alan Mygatt-Tauber tells the story of MedellIn v. Texas, showing how the Court's 2008 ruling grappled with the complex question of how a united republic that respects the dual sovereignty of its constituent parts struggles to comply with its international obligations. But this is also a story of international human rights and the anomalous position of the United States regarding the death penalty compared to other nations. In the closing chapters, the author explores the aftermath of the execution, including the continued effort of Mexico to seek justice for its nationals. Mygatt-Tauber offers a detailed examination of the case at every stage of proceedings-trial, appeal, at the International Court of Justice, and in both trips to the Supreme Court. He provides never-before-revealed information about the thinking of the Bush White House in the decision to comply with the ICJ's judgment and to withdraw from the Optional Protocol to the Vienna Convention which granted the ICJ jurisdiction.

This book makes first amendment issues immediate and contemporary. When Freedom Speaks chronicles the stories behind our First Amendment right to speak our minds. Lynn Levine Greenky's background as a lawyer, rhetorician, and teacher gives her a unique perspective on the protection we have from laws that abridge our right to the freedom of speech. Rhetoricians focus on language and how it influences perception and moves people to action. Powerfully employing that rhetorical approach, this book explores concepts related to free speech as moral narratives that proscribe the boundaries of our constitutionally protected right. Using the characters and drama embedded in legal cases that elucidate First Amendment principles, When Freedom Speaks makes the concepts easier to understand and clearly applicable to our lives. With a wide range of examples and accessible language, this book is the perfect overview of the First Amendment.

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

The interaction between individual rights, which are often seen in secular terms, and religion is becoming an important and complex topic not only for academic study but for practical policy. This volume collects a range of writings from journals, edited collections and individual books which deal with different aspects of the interaction within the context of family life, and which appear with their original pagination. These studies have been selected because they throw a sharp light on central elements of the role of religion in determining the structure of the rights of family members in relation to one another, both from an historical and contemporary perspective. While many of the writings are focused on US and European systems, selected writings covering other systems illustrate the universal nature of the topic. The studies are accompanied by a reflective commentary from the editor which sets the writings in a broad context of social, constitutional and philosophical thought, with the aim of stimulating critical thought and discussion.

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.

Police Misconduct is a comprehensive yet highly practical guide for practitioners and advisers covering the two major routes to remedying police misconduct: police complaints and civil actions in the courts. It equips the reader with the essentials for advising on the full range of procedures, strategies and tactics available and provides thorough procedural advice and step-by-step guidance from pre-issue considerations through to jury trial and appeal. There is detailed guidance on the most common torts - false imprisonment, malicious prosecution and misfeasance and clear analysis of developing causes of actions against the police such as negligence, privacy, discrimination and claims under the Human Rights Act 1998. Contents include: *The constitutional and organisational position of the police *Police complaints: overview, structure, initial stages, investigation and outcomes *Police disciplinary system *False imprisonment and deprivation of liberty *Personal injury, trespass to the person, and failure to protect from harm *Malicious prosecution and misuse of power *Land and property *Protest and freedom of speech *Information *Discrimination and vulnerable groups *Prosecutorial decisions *Bringing a claim against the police *Issue of proceedings to exchange of witness statements *The trial and appeals *Damages