Law can be looked at from both an internal legal perspective - reflected in the official discourse supporting legal decisions - and an external perspective - which is pursued by studies that look at the law from the outside as the subject of sociological, economic, or philosophical analysis. This external dimension - related to extra-legal factors that impact the law, such as the institutional environment in which the law is applied - is usually ignored, or not addressed systematically by studies that focus on the internal perspective. By systematically internalizing these 'external' elements into legal theory and practice, contextual approaches lead to the development of better descriptive theories and more attractive normative models of the law, and specifically EU law, than de-contextualized approaches allow for. Additionally, contextual approaches are more self-aware than de-contextualized approaches, since they are able to make sense of the role that legal practice (by judges, legal practitioners, and academics) plays in the development of the law. It is through a contextual approach that Pedro Caro de Sousa develops a general theory of European constitutional law, in particular free movement law and the EU fundamental freedoms. As a contribution to the development of EU constitutionalism, this monograph focuses on the interplay between the different normative concerns behind the EU's market freedoms identified in traditional legal discourse and the various extra-legal and institutional factors that affect how that law is applied and develops in practice. Moving away from traditional studies of free movement law, Caro de Sousa's book offers a fresh approach to free movement law. Rather than proposing normative approaches, he uses this approach to construct a broader thesis: that the EU law of free movement can best be understood as interplay of traditional legal doctrines and practices and the specific institutional environment where this law is applied and developed.

The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. This edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.

"Defining the Family: Law, Technology, and Reproduction in an Uneasy Age" provides a sweeping portrait of the family in American law from the nineteenth century to the present. The family today has come to be defined by individuality and choice. Pre-nuptial agreements, non-marital cohabitation, gay and lesbian marriages have all profoundly altered our ideas about marriage and family. In the last few years, reproductive technology and surrogacy have accelerated this process of change at a breathtaking rate. Once simple questions have taken on a dizzying complexity: Who are the real parents of a child? What are the relationships and responsibilities between a child, the woman who carried it to term, and the egg donor? Between viable sperm and the wife of a dead donor?

The courts and the law have been wildly inconsistent and indecisive when grappling with these questions. Should these cases be decided in light of laws governing contracts and property? Or it is more appropriate to act in the best interests of the child, even if that child is unborn, or even unconceived? No longer merely settling disputes among family members, the law is now seeing its own role expand, to the point where it is asked to regulate situations unprecedented in human history. Janet L. Dolgin charts the response of the law to modern reproductive technology both as it transforms our image of the family and is itself transformed by the tide of social forces.

How should political community be seen in the context of European integration? This book combines a theoretical treatment of political allegiance with a study of ordinary citizens, examining how taxi-drivers in Britain, Germany and the Czech Republic talk politics and situate themselves relative to political institutions and other citizens.

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.

The European Community's successes and failures in guaranteeing the fundamental right to free movement of persons continue to develop against the backgrounds of domestic civil rights and international human rights obligations. Although often justified merely in terms of economic efficiency, non-discriminatory rights and freedoms of movement can be seen as constituting an essential component of the legal foundation of all European projects, and as a powerful force in the forging of a new European identity beyond the traditional nation-state.The present volume - a revised and updated edition of the important work first published in 2001 - provides a comprehensive, up-to-date overview of European law on the movement of persons. Its scope encompasses doctrinal basis, institutional framework, legal compliance, judicial development, and derogation on such grounds as security and health. The authors, both well-known experts in the field, comment extensively on matters including visas, free movement of workers, freedom of establishment for companies in the context of taxation, posted workers, harmonisation of professional qualifications, European citizenship, freedom to provide and receive services, agreements between the European Community and other states concerning free movement, and the rights of families and individuals to housing and education, as well as the increasingly important topic of the rights of third country nationals.In addition to providing analysis of the relevant provisions of the European Community Treaty as amended by subsequent treaties including the Treaties of Amsterdam and Nice, the book takes considerable account of all relevant secondary legislation and sometimes soft law, for example draft treaties, resolutions, and draft legislation. All of these perspectives - legislative and judicial, at domestic, EC and international levels - are here fully updated, with special attention to the far-reaching implications of the recent Residence Directive.In this new edition the authors clearly articulate what has been gained in recent years, and also consider what obstacles remain and what future developments might take place in this area of Community law. For these reasons and others, "Free Movement of Persons Within the European Community, Second Edition", will continue to be of great value to legal practitioners, officials of the EC and other economic unions, academics, and students as well as to the wider public interested in the process of European integration.

This book delves into the legal traditions that relegated women to an inferior social and legal status worldwide. Winnie Hazou probes the nature of law, changes in legislation, and the trend of modern law toward a social engineering that effects gender equality. Hazou analyzes changes in major areas of women's lives, such as family, employment, and the acquisition of social power. She presents a global perspective of women's status and discusses international law aimed at eliminating the exploitation and abuse of women. The book highlights five countries, exploring the cultural basis for and social attitudes toward the position of women in each country. Students and scholars of women's studies will find this book a valuable resource.

The book concludes that both national and international law are slowly evolving into an effective tool for the elimination of discrimination against women. In spite of residual traditions, and beliefs across all cultures concerning gender roles, there is great institutional support in governments as well as the United Nations to elevate the status of women. This book combines the sociology of women and the sociology of law to give a global perspective on not only the current position of women but the changes that are occurring in their lives.

The issue of 'reverse discrimination' is a topical subject, particularly in the field of family reunification. Reverse discrimination occurs when a European Union (EU) citizen in a 'purely internal situation' is treated less favourably than an EU citizen of another nationality whose situation is largely governed by EU law. Reverse Discrimination in the European Union offers an up-to-date standard reference work on reverse discrimination. Part I of this book analyses the issue of reverse discrimination from an EU perspective. In particular, it questions whether reverse discrimination falls within the scope of application of Member State law or whether it falls within the ambit of EU law. Subsequently, it discusses the interpretation of the 'purely internal situation' doctrine on the basis of the case law of the European Court of Justice, giving special attention to recent developments since the controversial Ruiz Zambrano judgment.Although reverse discrimination is of interest from the perspective of the Member States, it is still mostly studied from the viewpoint of the EU.To address this, Part II looks at reverse discrimination in five Member States, namely Belgium, France, Italy, Germany and Austria. The focus lies on the ground(s) on which the national authorities decide whether or not to allow stricter treatment of purely internal situations. Finally, Part III analyses specific instances of reverse discrimination in federally structured Member States, from the perspective of both EU law and Belgian and German law.

An exploration of EU policy towards copyright enforcement on the Internet, examining the EU Telecoms Package from 2007-9. This book explains the puzzling case of copyright in telecoms law, and includes discussion of 3-strikes (graduated response), ISP liability and the French Hadopi law.

Robert Weatherley examines the role of nationalism in Chinese thinking on democracy and human rights spanning four successive periods: the late Qing, the Republic, Mao's China and post-Mao China. During this time, many of the debates in China about democracy and rights have been tied to the question of how to make China strong. The trigger is usually a perceived threat from foreign imperialism. Following the outbreak of the First Opium War in 1839, this imperialism took a military form, leading many Chinese reformers to embrace a system of democracy and rights in order to protect China from further foreign encroachments. In more recent years, the perceived threat has come from cultural imperialism, most apparent, Beijing claims, when the West criticises China for its poor record on democracy and human rights. This has led to the evolution of a distinctively Chinese model of democracy and rights that differs significantly from that deriving from the West.

"Highly recommended. Lower-division undergraduates though faculty."
-- CHOICE

" L]andmark volume on the subject of exclusionary policies against Chinese and Chinese Americans ... a valuable teaching tool ... an exemplary subject reference."
-- Library Journal

Named an Honor Book by the Asian and Pacific American Librarians Association (APALA), and a Gold Winner of the Benjamin Franklin Award.

A whole class of people, forbidden from ever becoming citizens . . . forbidden from even entering the country-their rights torn up and trampled on, left with no political redress. This was the United States of America from 1882 through 1943-if you had the misfortune to be Chinese.

The United States Congress banned all Chinese from becoming U.S. citizens from 1882 through 1943, and stopped most Chinese from even entering the country starting in 1882. Forbidden Citizens recounts this long and shameful legislative history. Congress passed restrictive legislation between 1879 and 1904. The most notorious was the Chinese Exclusion Act of 1882, described as "one of the most vulgar forms of barbarism," by Rep. John Kasson (R-IA) in 1882.

These laws were targeted not only at immigration, they banned citizenship, even for legal immigrants who had arrived before the gate was closed in 1882. Barred from becoming voters, the Chinese had no political recourse against repeated discrimination.

Because their appearance and lifestyle were so different, it was easy to tyrannize the Chinese. Insisting that the Chinese could not assimilate into American culture, lawmakers actively blocked them from doing so. Democrats and Republicans alike found the Chinese easy prey.

For the first time, this book assembles the complete legislative history of Congress's Chinese exclusion.

"Our nation has the greatest ideals, standing as that 'city upon a hill' for the world over to look toward with hope. Yet we have not always been as welcoming as we have proclaimed. Forbidden Citizens by Martin Gold tells the story of the exclusion of a specific group, the Chinese people, for racial reasons that were expressed in the most shocking terms. It is thorough, thoughtful, and highly relevant today. This work presents the best scholarship in the most accessible manner."
-- Frank H. Wu, Chancellor & Dean, University of California Hastings College of the Law

"Through engaging narrative, Forbidden Citizens expertly tells a story unfamiliar to most Americans, one that left a permanent scar upon the psyche of Chinese Americans and changed our nation forever. Martin Gold's thorough and pioneering research into decades of Congressional history brings to life the politics of Chinese exclusion in a way no one has."
-- Judy Chu, United States Representative (D-CA)

"Forbidden Citizens is a moving account of a regrettable part of American history. Marty Gold has done us all a service by bringing this story to light so that our past mistakes are never repeated."
-- Scott Brown, United States Senator (R-MA)

"An important piece of scholarship, which vividly depicts the intensity of anti-Chinese and anti-Asian feeling that was widespread even among our intellectual and political elite only a century ago."
-- Stephen Hsu, Professor of Physics, University of Oregon

For Complete Table of Contents, see ForbiddenCitizens.com

When considering the structures that drive the global diffusion of human rights norms, Brian Greenhill argues that we need to look beyond institutions that are explicitly committed to human rights and instead focus on the dense web of international government organizations (IGOs)-some big, some small; some focused on human rights; some not-that has arisen in the last two generations. While most of these organizations have no direct connection to human rights issues, their participation in broader IGO networks has important implications for the human rights practices of their member states. Featuring a rigorous empirical analysis, Transmitting Rights shows that countries tend to adopt similar human rights practices to those of their IGO partners, whether for better or worse. Greenhill argues that IGOs constitute a tightly-woven fabric of ties between states and that this network provides an important channel through which states can influence the behavior of others. Indeed, his analysis suggests that a policy of isolating "rogue" states is probably self-defeating given that this will reduce their exposure to some of the more positive IGO-based influences on their human rights. Greenhill's analysis of the role of IGOs in rights diffusion will not only increase our understanding of the international politics of human rights; it will also reshape how we think about the role of international institutions in world politics.

In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. Nowhere has this conflict been more salient than in the debate between claims of religious freedom, on one hand, and equal rights claims made on the behalf of members of the lesbian, gay, bisexual, and transgender (LGBT) community, on the other. As new rights for LGBT individuals have expanded in liberal democracies across the West, longstanding rights of religious freedom - such as the rights of religious communities to adhere to their fundamental teachings, including protecting the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws - have suffered a corresponding decline. Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman's volume, Religious Freedom and Gay Rights brings together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three key geographic regions: the United States, the United Kingdom, and continental Europe. What implications will expanding regimes of equality rights for LGBT individuals have on religious freedom in these regions? What are the legal and moral frameworks that govern tensions between gay rights and religious freedom? How are these tensions illustrated in particular legal, political, and policy controversies? And what is the proper way to balance new claims of equality against existing claims for freedom of religious groups and individuals? Religious Freedom and Gay Rights offers several explorations of these questions.

The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court's judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real 'just' satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.

A surprisingly understudied topic in international relations is that of gender-based asylum, even though the tactic has been adopted in an increasing number of countries in the global north and west. Those adjudicating gender-based asylum cases must investicate the specific category of gender violence committed against the asylum-seeker, as well as the role of the asylum-seeker's home state in being complicit with such violence. As Nayak argues, it matters not just that but how we respond to gender violence and persecution. Feminist advocates, U.S. governmental officials, and asylum adjudicators have articulated different "frames" for different types of gender violence, promoting ideas about how to categorize violence, its causes, and who counts as its victims. These frames, in turn, may be used successfully to grant asylum to persecuted migrants; however, the frames are also very narrow and limited. This is because the U.S. must negotiate the tension between immigration restriction and human rights obligations to protect refugees from persecution. The effects of the asylum frames are two-fold. First, they leave out or distort the stories and experiences of asylum-seekers who do not "fit" the frames. Second, the frames reflect but also serve as an entry point to deepen, strengthen, and shape the U.S. position of power relative to other countries, international organizations, and immigrant communities. This book explores the politics of gender-based asylum through a comparative examination of asylum policy and cases regarding domestic violence, female circumcision, rape, trafficking, coercive sterilization/abortion, and persecution based on sexual and gender identity.

The principle of content-neutrality is the cornerstone of freedom of expression jurisprudence, protecting the core values of freedom of speech set out in the first amendment, whilst also enabling the government to place reasonable restrictions on protected speech. The Politics of Freedom of Expression examines the US Supreme Court's decision-making in freedom of expression cases, from the Earl Warren Court in 1953 to the 2012 decisions of the John Roberts Court, assessing the extent to which the justices take into consideration their own political attitudes, jurisprudence and external factors such as federal government participation. In doing so, the book highlights the role of the civil rights movement in developing the content-neutrality jurisprudential regime. Establishing 'jurisprudential regime theory' as a framework for incorporating the various factors that can affect decision-making, the author draws on quantitative, qualitative and interpretive methods in order to analyse the justices' changing treatment of content-based and content-neutral cases over time. This unique theoretical approach allows the text to push beyond the traditional 'law versus politics' debate in order to critically evaluate the importance of content-neutrality to the Supreme Court's decision-making, and to compare decision-making in the US with Canada, Germany, Japan and the UK.

Punishing Corporate Crime: Legal Penalties for Criminal and Regulatory Violations provides a practical discussion of criminal punishment trends directed at the corporate entity. Corporate punishment, for the most part, has traditionally occurred either in the form of a fine or, in the extreme, a heavy sanction that terminates the business. This timely book analyzes the historical and statutory bases of corporate punishment and reviews the latest remedies now employed by the government, including receivership and monitoring, disgorgement of profits, restitution, integrity agreements, and disbarment from regulated fields. Punishing Corporate Crime explores the new and evolving area of corporate criminal punishment that has emerged in the post- Enron era. This book offers key advice in addressing the new and evolving punishments that face corporations, as well as a consideration of preventative programs.

This book is about enforcing privacy and data protection. It demonstrates different approaches - regulatory, legal and technological - to enforcing privacy. If regulators do not enforce laws or regulations or codes or do not have the resources, political support or wherewithal to enforce them, they effectively eviscerate and make meaningless such laws or regulations or codes, no matter how laudable or well-intentioned. In some cases, however, the mere existence of such laws or regulations, combined with a credible threat to invoke them, is sufficient for regulatory purposes. But the threat has to be credible. As some of the authors in this book make clear - it is a theme that runs throughout this book - "carrots" and "soft law" need to be backed up by "sticks" and "hard law". The authors of this book view privacy enforcement as an activity that goes beyond regulatory enforcement, however. In some sense, enforcing privacy is a task that befalls to all of us. Privacy advocates and members of the public can play an important role in combatting the continuing intrusions upon privacy by governments, intelligence agencies and big companies. Contributors to this book - including regulators, privacy advocates, academics, SMEs, a Member of the European Parliament, lawyers and a technology researcher - share their views in the one and only book on Enforcing Privacy.