This book analyses the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property, and explores what legal norms and normative orders would be appropriate for resolving these claims. To establish context, the book first provides insights into the exceptional legislative responses to the cultural property claims of Native American tribes in the United States and looks at the possible relevance of this national law on the international level. It then shifts to the multinational setting by using the method of legal pluralism and takes into consideration international human rights law, international cultural heritage law, the applicable national laws in the United Kingdom, France and Switzerland, transnational law such as museum codes, and decision-making in extra-legal procedures. In the process, the book reveals the limits of the law in dealing with the growing imperative of human rights in the field, and concludes with three basic insights that are of key relevance for improving the law and decision-making with regard to indigenous peoples' cultural property. "

An expert examination of U.S. immigration law and its various reforms from 1965 to the present. U.S. Immigration: A Reference Handbook is an authoritative, timely, and balanced review of immigration law in the United States. This title ranges from the "Kennedy" law of 1965 to the recent restructuring of the Immigration and Naturalization Service as a part of the creation of the new Department of Homeland Security. The work offers a clear look at historic and ongoing immigration problems in the United States and the reforms enacted to address them. It provides insightful summaries of key statutes and landmark court cases, as well as biographical profiles of the principal players in U.S. immigration policy. Coverage includes problems within our borders such as legal and political attempts to control illegal immigration, to global concerns including terrorism, epidemics, and economic and trade issues. Provides biographical sketches of both governmental and nongovernmental figures involved in U.S. immigration policy reform such as Doris Meissner and Lydio Tomasi Summarizes every key U.S. law and court decision concerning immigration since 1965 including the Immigration Acts of 1990 and 1996 as well as the Immigration Reform and Control Act of 1986

Rejecting the extreme arguments of today's debates, the author examines what the framers of the Constitution actually said about religious freedom The debate over the framers' concept of freedom of religion has become heated and divisive. This scrupulously researched book sets aside the half-truths, omissions, and partisan arguments, and instead focuses on the actual writings and actions of Washington, Adams, Jefferson, Madison, and others. Legal scholar Michael I. Meyerson investigates how the framers of the Constitution envisioned religious freedom and how they intended it to operate in the new republic. Endowed by Our Creator shows that the framers understood that the American government should not acknowledge religion in a way that favors any particular creed or denomination. Nevertheless, the framers believed that religion could instill virtue and help to unify a diverse nation. They created a spiritual public vocabulary, one that could communicate to all-including agnostics and atheists-that they were valued members of the political community. Through their writings and their decisions, the framers affirmed that respect for religious differences is a fundamental American value. Now it is for us, Meyerson concludes, to determine whether religion will be used to alienate and divide or to inspire and unify our religiously diverse nation.

In Outrageous Invasions: Celebrities' Private Lives, Media, and the Law, Professor Robin D. Barnes examines the role and nature of privacy in Western democracies. Celebrities are routinely subjected to stalking, harassment, invasion of privacy, and defamation. These occurrences are often violations of their constitutional rights. Professor Barnes addresses growing concerns about the widespread immunity from liability enjoyed by United States tabloid publishers. Outrageous Invasions chronicles these experiences and the legal battles waged by celebrities in both the United States and European Union against a press corps that continuously invades their private lives.
Professor Barnes analyzes doctrinal developments in cases from the United States Supreme Court and the High Courts of Europe. These cases demonstrate that American celebrities are entitled to, but not receiving, the same protections as their European counterparts. In Outrageous Invasions, Professor Barnes explains the value of the rights of the individual to democratic nations. She notes the importance of insuring appropriate protection for freedom of expression and associational freedom through meaningful regulation in the instances when speech rights collide with equally important values such as privacy and equality.

This collection of essays addresses a topical subject of current importance, namely the impact of the EU on national welfare state systems. The volume aims to question the perception that matters of social welfare remain for Member States of the EU to decide, and that the EU's influence in this field is minor or incidental. The various essays trace the different ways in which the EU is having an impact on the laws and practices of the Member States in the area of welfare, looking at issues of social citizenship and the influence of the Charter of Fundamental Rights, as well as at the impact of EU economic freedoms - competition law and free movement law in particular - on both 'services of general economic interest' and on national health-care systems. The significance of the so-called Open Method of Coordination in developing a new compromise on 'social Europe' is discussed, as well as the tensions between market liberalization and social protection in the specific context of this transnational political system are examined. While the various authors clearly have different views on the likelihood of a robust form of European social solidarity developing, the book as a whole suggests the emergence of a distinctive, although partial and fragmented, European Union welfare dimension.

Civil Rights in American Law, History, and Politics charts the ambiguous and contested meanings of civil rights in law and culture and confronts important questions about race in contemporary America. How important is civil rights in America's story of possibility and change? How has it transformed the very meaning of citizenship and identity in American culture? Why does the subject of race continue to haunt the American imagination and play such a large role in political and legal debates? Do affirmative action and multiculturalism promise a way out of racial polarization, or do they sharpen and deepen it? Are there new and better ways to frame our commitment to equal justice? This book brings together the work of five distinguished scholars to critically assess the place of civil rights in the American story. It offers different ways of talking about civil rights and frames through which we can address issues of civil rights in the future.

'The authors breathe new life into this complex, recondite branch of the law. An illuminating and penetrating study of an ancient remedy whose importance endures - and even increases.' - Raymond Wacks, University of Hong Kong This concise yet detailed book explores the historical foundations and modern developments of the ancient doctrine of breach of confidence. The authors show that despite its humble beginnings, stilted development and air of quaintness the doctrine has modern relevance and influence, its sense of 'trust and confidence' still resonating with the information society of today. Topical chapters include, 'Inventing an equitable doctrine', 'Privacy and publicity in early Victorian Britain', 'Searching for balance in the employment relationship', as well as many others. Breach of Confidence will make insightful reading for all those interested in issues of privacy and information, and will appeal strongly to practicing lawyers and judges as well as academic researchers and postgraduate law students.

This book will systematically examine how Supreme Court detainee cases have been implemented over time with an emphasis on the role of the president in this process. More specifically, it will test the hypothesis that an active, energetic executive branch has the ability to powerfully shape the implementation process of judicial decisions in a policy area it has deemed important. It concludes that the President, though just one of many actors in the implementation process, wields considerable influence and has a variety of tools that can be used to shape the manner in which judicial decisions are implemented and achieve his policy goals. It also explores why presidents seem to have the upper hand in the implementation process when compared with the power and influence of Congress and the courts.

The entry into force of the Treaty of Lisbon in 2009 caused the EU's Charter of Fundamental Rights to be granted binding effect. This raised a host of intriguing questions. Would this transform the EU's commitment to fundamental rights? Should it transform that commitment? How, if at all, can we balance competing rights and principles? (The interaction of the social and the economic spheres offers a particular challenge). How deeply does the EU conception of fundamental rights reach into and bind national law and practice? How deeply does it affect private parties? How much flexibility has been left to the Court in making these interpretative choices? What is the likely effect of another of the reforms achieved by the Lisbon Treaty, the commitment of the EU to accede to the ECHR? This book addresses all of these questions in the light of five years of practice under the Charter as a binding instrument.

This book examines American solitary confinement - in which around 100,000 prisoners are held at any one time - and argues that under a moral reading of individual rights such punishment is not only a matter of public interest, but requires close constitutional scrutiny. While Eighth Amendment precedent has otherwise experienced a generational fixation on the death penalty, this book argues that such scrutiny must be extended to the hidden corners of the US prison system. Despite significant reforms to capital sentencing by the executive and legislative branches, Eastaugh shows how the American prison system as a whole has escaped meaningful judicial oversight. Drawing on a wide range of socio-political contexts in order to breathe meaning into the moral principles underlying the punishments clause, the study includes an extensive review of professional (medico-legal) consensus and comparative transnational human rights standards united against prolonged solitary confinement. Ultimately, Eastaugh argues that this practice is unconstitutional. An informed and empowering text, this book will be of particular interest to scholars of law, punishment, and the criminal justice system.

Human rights are at a crossroads. This book considers how these rights can be reconstructed in challenging times, with changes in the pathways to the realization of human rights and new developments in human rights law and policy, illustrated with case studies from Africa, Europe, and the Americas. Contesting Human Rights traces the balance between the dynamics of diffusion, resistance and innovation in the field. The book examines a range of issues from the effectiveness of norm-promotion by advocacy campaigns to the backlash facing human rights advocates. The expert contributors suggest that new opportunities at and below the state level, and creative contests of global governance, can help reconstruct human rights in the face of modern challenges. Critical case studies trace new pathways emerging in the United Nations' Universal Periodic Review, regional human rights courts, constitutional incorporation of international norms, and human rights cities. With its innovative approach to human rights and comprehensive coverage of global, national and regional trends, Contesting Human Rights will be an invaluable tool for scholars and students of human rights, global governance, law and politics. It will also be useful for human rights advocates with a keen interest in the evolution of the human rights landscape. Contributors include: G. Andreopoulos, C. Apodaca, P.M. Ayoub, A. Brysk, P. Elizalde, A. Feldman, M. Goodhart, C. Hillebrecht, P.C. McMahon, S. Meili, M. Mullinax, A. Murdie, B. Park, W. Sandholtz, M. Stohl

This book examines the fundamental question of how legislators and other rule-makers should handle remembering and forgetting information (especially personally identifiable information) in the digital age. It encompasses such topics as privacy, data protection, individual and collective memory, and the right to be forgotten when considering data storage, processing and deletion. The authors argue in support of maintaining the new digital default, that (personally identifiable) information should be remembered rather than forgotten. The book offers guidelines for legislators as well as private and public organizations on how to make decisions on remembering and forgetting personally identifiable information in the digital age. It draws on three main perspectives: law, based on a comprehensive analysis of Swiss law that serves as an example; technology, specifically search engines, internet archives, social media and the mobile internet; and an interdisciplinary perspective with contributions from various disciplines such as philosophy, anthropology, sociology, psychology, and economics, amongst others.. Thanks to this multifaceted approach, readers will benefit from a holistic view of the informational phenomenon of "remembering and forgetting". This book will appeal to lawyers, philosophers, sociologists, historians, economists, anthropologists, and psychologists among many others. Such wide appeal is due to its rich and interdisciplinary approach to the challenges for individuals and society at large with regard to remembering and forgetting in the digital age.

A compelling account of how women shaped the common law right to privacy during the late nineteenth and early twentieth centuries Drawing on a wealth of original research, Jessica Lake documents how the advent of photography and cinema drove women-whose images were being taken and circulated without their consent-to court. There they championed the creation of new laws and laid the groundwork for America's commitment to privacy. Vivid and engagingly written, this powerful work will draw scholars and students from a range of fields, including law, women's history, the history of photography, and cinema and media studies.

Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined 'responsive legality'. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and - towards the end of the century - the logics of 'new managerialism', the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.

The practices and technologies of evaluation and decision making used by professionals, police, lawyers and experts are questioned in this book for their participation in the perpetuation of historical forms of colonial violence through the enforcement of racial and eugenic policies and laws in Canada.

In this study we look at how free speech interests are balanced against the need to protect reputation in American and English defamation laws. We studied cases from both countries to see how this tension is resolved. We pay special attention to 'public interest' defence since the media often justifies its attack on reputation on 'public interest', even when it is substituting its own interest for this 'public interest'.

The volume is devoted to the relevant problems in the legal sphere, created and generated by recent advances in science and technology. In particular, it investigates a series of cutting-edge contemporary and controversial case-studies where scientific and technological issues intersect with individual legal rights. The book addresses challenging topics at the intersection of communication technologies and biotech innovations such as freedom of expression, right to health, knowledge production, Internet content regulation, accessibility and freedom of scientific research.

In comics, justice always prevails, but the business of comics is a lot trickier. Marc Greenberg combines the expertise of a legal scholar with the passion and insight of a long-time comics fan, untangling the morass of legal issues facing comics - and all creative enterprises - in the past, present and future. Comic Art, Creativity and the Law is essential reading for anyone interested in understanding the multi-billion dollar global industry that comics has spawned.' - Rob Salkowitz, author of Comic-Con and the Business of Pop Culture'An intellectual tour de force and a compelling read . . . Far beyond a practical guide to the law of comics (though it is that too), Greenberg's book touches on the nature of creativity, the basis for IP law and the history of this fascinating medium.' - Professor Mark A. Lemley, Director, Stanford Law School, US The characters and stories found in comic art play a dominant role in contemporary popular culture throughout the world. In this first-of-its-kind work, Comic Art, Creativity and the Law examines how law and legal doctrine shapes the creative process as applied to comic art. The book examines the impact of contract law, copyright law (including termination rights, parody and ownership of characters), tax law and obscenity law has on the creative process. It considers how these laws enhance and constrain the process of creating comic art by examining the effect their often inconsistent and incoherent application has had on the lives of creators, retailers and readers of comic art. It uniquely explains the disparate results in two key comic book parody cases, the Winter Brothers case and the Air Pirates case, offering an explanation for the seemingly inconsistent results in those cases. Finally, it offers a detailed discussion and analysis of the history and operation of the 'work for hire' doctrine in copyright law and its effect on comic art creators. Designed for academics, practitioners, students and fans of comic art, the book offers proposals for changes in those laws that constrain the creative process, as well as a glimpse into the future of comic art and the law.

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

The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.

This insightful book focuses on the application of mass surveillance, its impact upon existing international human rights and the challenges posed by mass surveillance. Through the judicious use of case studies State Sponsored Cyber Surveillance argues for the need to balance security requirements with the protection of fundamental rights. The author makes a case for the adoption of a multilateral cyber surveillance treaty, together with a review of whether online privacy has yet become a rule of customary international law. Chapters provide a comprehensive and up-to-date account of the right to privacy of communications under the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the American Convention on Human Rights, as well as guiding the reader through the taxonomy of cyber intelligence operations. Eliza Watt also offers insightful studies of the differences between cyber espionage, cyber electoral interference and mass cyber surveillance. This innovative, thought-provoking book will greatly assist legal practitioners, policymakers and government advisers within the fields of international law and privacy. Students and academics will also be provided with a focussed account and in-depth analysis of recent developments in the law around cyber.

'In this important contribution to the analysis and construction of European Union citizenship, Charlotte O'Brien provides her characteristic blend of rigorous legal scholarship and compelling social vision. She identifies challenging questions about the relationship between justice and vulnerability that should concern the shaping of law at all levels of governance.' Professor Niamh Nic Shuibhne, University of Edinburgh 'Piercing the veil of well-known proclamations of "equality" and "non-discrimination", in this intimate portrait of Union law O'Brien sounds a sobering wake up call. The Union, to the genuine surprise of some converted, is a powerful actor of injustice, failing the vulnerable Europeans at many a turn, blinded by its own proclaimed righteousness and goodness to be aware of the plight of those it lets down. The sooner we dispel the oxymoronic myth of a "market citizen" as a necessary tool of the uniquely benevolent EU internal market project, the sooner the process of healing the Union turning its back on the majority of Europeans can begin. This book is an important part of this beginning.' Professor Dimitry Kochenov, University of Groningen 'Doctrinal mastery. Intellectual rigour. Conceptual depth. Empirical enrichment. O'Brien's landmark text offers its readers all of these qualities. But she also writes with a clarity and honesty of purpose that is an inspiration to her readers. Particularly at a time when certain political actors seek to vilify "expertise", Unity in Adversity is a testament to the value of independent and critical academic research.' Professor Michael Dougan, University of Liverpool The EU is at a crossroads of constitution and conscience. Unity in Adversity argues that EU market citizenship is incompatible with a pursuit of social justice, because it contributes to the social exclusion of women and children, promotes a class-based conception of rights, and tolerates in-work poverty. The limitations of EU citizenship are clearest when EU nationals engage with national welfare systems, but this experience has been neglected in EU legal research. Unity in Adversity draws upon the ground-breaking EU Rights Project, working first hand with EU nationals in the UK, providing advice and advocacy, and giving ethnographic insight into the process of navigating EU and UK welfare law. Its study of EU law in action is a radical new approach, and the case studies illustrate the political, legal and administrative obstacles to justice faced by EU nationals. Taken together, the strands demonstrate that 'equal treatment' for EU nationals is an illusion. The UK's welfare reforms directed at EU nationals are analysed as a programme of declaratory discrimination, and in light of the subsequent referendum, should be treated as a cautionary tale - both to the EU, to take social justice seriously, and to other Member States, to steer away from xenophobic law-making. Shortlisted for the 2018 BBC Thinking Allowed Award for Ethnography. Winner of the 2019 Hart-SLSA Book Prize.