Getting By offers an integrated, critical account of the federal laws and programs that most directly affect poor and low-income people in the United States-the unemployed, the underemployed, and the low-wage employed, whether working in or outside the home. The central aim is to provide a resource for individuals and groups trying to access benefits, secure rights and protections, and mobilize for economic justice. The topics covered include cash assistance, employment and labor rights, food assistance, health care, education, consumer and banking law, housing assistance, rights in public places, access to justice, and voting rights. This comprehensive volume is appropriate for law school and undergraduate courses, and is a vital resource for policy makers, journalists, and others interested in social welfare policy in the United States.

At the beginning of the twenty-first century the term 'privacy' gained new prominence around the world, but in the legal arena it is still a concept in 'disarray'. Enclosing it within legal frameworks seems to be a particularly difficult task in the employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different from those taking place in other areas of modern society. This book suggests that these problems can only be addressed by the development of a holistic approach to its protection, an approach that addresses the issue of not only contemporary regulation but also the conceptualization, adjudication, and common (public) perception of employees' privacy. The book draws on a comprehensive analysis of the conceptual as well as regulatory convergences and divergences between European, American and Canadian models of privacy protection, to reconsider the conceptual and normative foundations of the contemporary paradigm of employees' privacy and to elucidate the pillars of a holistic approach to the protection of right to privacy in employment.

This original and provocative book looks at an important constitutional freedom that today is largely forgotten: the right of assembly. While this right lay at the heart of some of the most important social movements in American history--abolitionism, women's suffrage, the labor and civil rights movements--courts now prefer to speak about the freedoms of association and speech. But the right of "expressive association" undermines protections for groups whose purposes are demonstrable not by speech or expression but through ways of being. John D. Inazu demonstrates that the forgetting of assembly and the embrace of association lose sight of important dimensions of our constitutional tradition.

This comprehensive Commentary provides the first fully up-to-date analysis and interpretation of the Council of Europe Convention on Action against Trafficking in Human Beings. It offers a concise yet thorough article-by-article guide to the Convention's anti-trafficking standards and corresponding human rights obligations. This Commentary includes an analysis of each article's drafting history, alongside a contextualisation of its provisions with other anti-trafficking standards and a discussion of the core issues of interpretation. The Commentary also presents the first full exploration of the findings of the Convention's monitoring body, the Group of Experts on Action against Trafficking in Human Beings (GRETA), providing a better understanding of the practical implications and challenges in relation to the Convention's standards. Practitioners in the field of anti-trafficking, including lawyers, law enforcement agencies and providers of victim support services will find the Commentary's concise analysis invaluable. It will also prove useful to researchers and students of human rights law, as well as to policymakers looking for guidance concerning obligations stemming from the Convention.

This book provides insight on the effect of political violence and transitional justice in Africa focusing on Zimbabwe and comparing it to Rwanda, Uganda and Mozambique. The case of Zimbabwe is unique since political violence observed in some areas has manifested as contestations for power between members of various political parties. These political contestations have infiltrated family/clan structures at the community level and destroyed the human and social relations of people. Also, the author examines an understanding of how communities in the most polarized and conflict-ridden areas in Africa are addressing their past. The project would appeal to graduate students, academics, researchers and practitioners as it will help them to understand African justice systems and the complex network of relationships shaping justice processes during transitions.

In 1954, the United States Supreme Court's ruling in Brown v. Board of Education Topeka (347 U.S. 483) overturned the prevailing doctrine of separate but equal introduced by Plessy v. Ferguson (163 U.S. 537) fifty-eight years prior. By the time Brown was decided, many states had created dual collegiate structures of public education, most of which operated exclusively for Caucasians in one system and African Americans in the other.

Although Brown focused national attention on desegregation in primary and secondary public education, the issue of disestablishing dual systems of public higher education would come to the forefront two years later in Florida ex rel. Hawkins v. Board of Control (350 U.S. 413 1956]). However, the pressure to dismantle dual systems of public education was not extended to higher education until the passage of the Civil Rights Act of 1964. Despite Title VI of this Act, which stated that No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance, nineteen states continued to operate dual systems of public higher education. "The Quest to Define Collegiate Desegregation" explores the evolution of the legal standard for collegiate desegregation after Adams v. Richardson (351 F2d 636 D.C. Cir. 1972]).

Philosopher Kings? The Adjudication of Conflicting Human Rights and Social Values, by George C. Christie, examines the attempts by courts to sort out conflicts involving freedom of expression, including religious expression, on the one hand, and rights to privacy and other important social values on the other. It approaches the subject from a comparative perspective, using principally cases decided by European and United States courts.
A significant part of this book analyzes conflicts between freedom of expression and the right to privacy. In a world in which, freedom of expression and privacy are said to be of equal value, the book explores whether it is possible to develop, through case-by-case adjudication, a legal regime which can give clear direction as to what expression is or is not permitted. Otherwise, if such a regime proves impossible, in the guise of recognizing the equal value of expression and privacy, privacy may become de facto the preferred value.

The lawyers and legal commentators who contribute to We Dissent unanimously agree that during Chief Justice William Rehnquist's nineteen-year tenure, the Supreme Court failed to adequately protect civil liberties and civil rights. This is evident in majority opinions written for numerous cases heard by the Rehnquist Court, and eight of those cases are re-examined here, with contributors offering dissents to the Court's decisions. The Supreme Court opinions criticized in We Dissent suggest that the Rehnquist Court placed the interests of government above the people, and as the dissents in this book demonstrate, the Court strayed far from our constitutional ideals when it abandoned its commitment to the protection of the individual rights of Americans.

Each chapter focuses on a different case--ranging from torture to search and seizure, and from racial profiling to the freedom of political expression--with contributors summarizing the case and the decision, and then offering their own dissent to the majority opinion. For some cases featured in the book, the Court's majority decisions were unanimous, so readers can see here for the first time what a dissent might have looked like. In other cases, contributors offer alternative dissents to the minority opinion, thereby widening the scope of opposition to key civil liberties decision made by the Rehnquist Court.

Taken together, the dissents in this unique book address the pressing issue of Constitutional protection of individual freedom, and present a vision of constitutional law in the United States that differs considerably from the recent jurisprudence of the United States Supreme Court.

Contributors: Michael Avery, Erwin Chemerinsky, Marjorie Cohn, Tracey Maclin, Eva Paterson, Jamin Raskin, David Rudovsky, Susan Kiyomi Serrano, and Abbe Smith.

This volume is the only book which focuses on the impact of judicial review in the social welfare field. It comprises a selection of essays by academics and practitioners who have an interest in the operation, impact and future development of judicial review in a number of social welfare areas: homelessness, housing benefit, mental health, health care, social security, the discretionary social fund, immigration, prisoners, education and gypsy site provision. Two contributions address issues relating to the supervisory jurisdiction in the Scottish Court of Session and the High Court of Justice in Northern Ireland.

Each contributor outlines the background and development of judicial review in their particular field followed by commentary on the operation of the judicial review remedy and various theoretical and practical concerns such as the impact of judicial review on organizational behaviour and its effect on the exercise of discretionary powers. The essays deal with the political and policy context of judicial review challenge, and the shifting balance of advantage offered to social welfare campaigners. The limitations of judicial review and the comparative merits of statutory appellate schemes are also examined. The contributors attempt to identify future areas for research and a concluding chapter draws together the common themes.

What difference does law make in immigration policymaking? Since the 1970s, networks of progressive attorneys in both the US and France have attempted to use litigation to assert rights for non-citizens. Yet judicial engagement - while numerically voluminous - remains doctrinally curtailed. This study offers new insights into the constitutive role of law in immigration policymaking by focusing on the legal frames, narratives, and performances forged through action in court. Challenging the conventional wisdom that 'cause litigation' has little long-term impact on policymaking unless it produces broad rights-protective principles, this book shows that legal contestation can have important radiating effects on policy by reshaping how political actors approach immigration issues. Based on extensive fieldwork in the United States and France, this book explores the paths by which litigation has effected policy change in two paradigmatically different national contexts.

Does "Asian American" denote an ethnic or racial identification? Is a person of mixed ancestry, the child of Euro- and Asian American parents, Asian American? What does it mean to refer to first generation Hmong refugees and fifth generation Chinese Americans both as Asian American?

In Disoriented: Asian Americans, Law, and the Nation State, Robert Chang examines the current discourse on race and law and the implications of postmodern theory and affirmative action-all of which have largely excluded Asian Americans-in order to develop a theory of critical Asian American legal studies.

Demonstrating that the ongoing debate surrounding multiculturalism and immigration in the U.S. is really a struggle over the meaning of "America," Chang reveals how the construction of Asian American-ness has become a necessary component in stabilizing a national American identity-- a fact Chang criticizes as harmful to Asian Americans. Defining the many "borders" that operate in positive and negative ways to construct America as we know it, Chang analyzes the position of Asian Americans within America's black/white racial paradigm, how "the family" operates as a stand-in for race and nation, and how the figure of the immigrant embodies a central contradiction in allegories of America.

"Has profound political implications for race relations in the new century"
"--Michigan Law Review, May 2001"

ExecVisa published the ExecVisa book on how you go about obtaining many types of visa that allow you to work or do business legally in USA. This invaluable guide book has been published in a variety of languages (in both print and ebook versions). The book is an easy to read and understand guide. It explains what's needed to secure a US visa to meet the immigrant's needs. If you are an immigrant, it tells you what you require to know and have for discussion with your immigration lawyer. This saves you a great amount of your time and your money. It cuts down on expensive legal fees and speeds up the process. The book is wide-ranging without being exhaustive. Invaluable guidelines It supplies you with invaluable guidelines and includes 8 ways to work or do business legally in USA and 6 ways to stay in USA permanently (Green Card eligibility - unfamiliar to you). Non-nationals have a keen interest in entrepreneurship/start-up in USA. To further assist them to achieve their aims we include in the book an extra bonus. It contains most helpful chapters on Intellectual Property matters, in the US and elsewhere: Trade marks - invaluable guidelines if you are bringing/launching branded product/services in the US and elsewhere. Patents - If you are an innovator/inventor, unlock your ideas and turn them into profitable reality. This book describes the invaluable steps from concept to applying for a patent.

The EU Data Protection Code of Conduct for Cloud Service Providers - A guide to complianceFormally founded in 2017, the EU Data Protection Code of Conduct for Cloud Service Providers (otherwise known as the EU Cloud Code of Conduct; the Code) is a voluntary code of conduct created specifically to support GDPR compliance within the B2B (business-to-business) Cloud industry. The EU Commission, the Article 29 Working Party (now the European Data Protection Board (EDPB)), the EU Directorate-General for Justice and Consumers, and Cloud-industry leaders have all contributed to its development, resulting in a robust framework that recognises the unique requirements of the Cloud industry. Cloud providers must ensure that their services - which by design involve accessing and transferring data across the Internet, exposing it to far greater risk than data stored and processed within an organisation's internal network - meet or exceed the GDPR's requirements in order to provide the security and privacy that the market expects. Organisations can achieve this via compliance to the EU Cloud Code of Conduct. The EU Cloud Code of Conduct has already been adopted by major Cloud service organisations, including: Microsoft; Oracle; Salesforce; IBM; Google Cloud; Dropbox; and Alibaba Cloud. Public and business focus on information security and data protection continues to increase in the face of a constantly changing threat landscape and ever-more stringent regulation, and compliance to initiatives such as the EU Cloud Code of Conduct demonstrates to current and potential customers that your organisation is taking data privacy seriously, as well as strengthens your organisation's overall approach to information security management, and defences against data breaches. The EU Data Protection Code of Conduct for Cloud Service Providers provides guidance on how to implement the Code within your organisation. It explores the objectives of the Code, and how compliance can be achieved with or without a pre-existing ISMS (information security management system) within the organisation. Begin your journey to EU Cloud Code of Conduct implementation with our guide to compliance - Buy this book today!

What happens inside our prisons? What's Prison For? examines the "incarceration" part of "mass incarceration." What happens inside prisons and jails, where nearly two million Americans are held? Bill Keller, one of America's most accomplished journalists, has spent years immersed in the subject. He argues that the most important role of prisons is preparing incarcerated people to be good neighbors and good citizens when they return to society, as the overwhelming majority will. Keller takes us inside the walls of our prisons, where we meet men and women who have found purpose while in state custody; American corrections officials who have set out to learn from Europe's state-of-the-art prison campuses; a rehab unit within a Pennsylvania prison, dubbed Little Scandinavia, where lifers serve as mentors; a college behind bars in San Quentin; a women's prison that helps imprisoned mothers bond with their children; and Keller's own classroom at Sing Sing. Surprising in its optimism, What's Prison For? is an indispensable guide on how to improve our prison system, and a powerful argument that the status quo is a shameful waste of human potential.

WhenJusticeandHomeAffairscooperationwasofficiallyintroducedintheEu- peanlegal orderby theTreaty ofMaastricht, severalnewpolicy fields slowly enteredEuropeanlaw: asylumandimmigrationlaw, criminallaw, policestudies. SincetheTreatyofAmsterdamthisnewpolicyareaisreferredtoastheAreaof Freedom, SecurityandJustice. Ithasbeendividedintotwomainsubjects: b- ders, visa, asylumandimmigration, andcivillawinthefirstpillar;andpoliceand judicialcooperationinthethirdpillar. Importantelementsarecommoncontrolsattheexternalbordersfollowingthe abolishmentofinternalcontrols. Asaconsequenceofthecompletionoftheint- nalmarketacommonvisa, asylumandimmigrationpolicyhasbeenputinplace. PolicecooperationbetweennationalauthoritiesandinthecontextofEuropolisan importanttoolforguaranteeingadequatesecurityconditionsforcitizensofthe MemberStates. Criminallawcooperationisnecessarytocombatcrime. ThroughtheTampereProgrammeof1999, theAreawasdevelopedatare- tivelyhighspeed. Eventssuchas11September2001and11March2004have illustratedtheneedandurgencyforclosecooperationincriminallawthroughout Europe, notleasttocombatterrorism. InNovember2004, theEuropeanCouncil launchedthefollow-upprogrammeof'Tampere' theHagueProgramme, along withadetailedActionPlaninJune2005. ThedepartmentofEuropeanLawoftheLawSchoolofErasmusUniversity RotterdamhasfromthebeginningtakentheAreaofFreedom, SecurityandJ- ticeasoneofthefocalpointsofitsresearch. Oneoftheachievementswasthe publicationofahandbookbyDeZwaanandBultena: RuimtevanVrijheid, Veil- heidenRechtvaardigheid AreaofFreedom, SecurityandJustice], in2002. A specialcourseforstudentsofcriminologyandDutchlawistaughtattheLaw Schoolaswell, andthesubjectispartoftheresearchintheResearchSchoolfor SafetyandSecurityinSocialIssues(OnderzoeksschoolMaatschappelijkeVeil- heid). InviewofthisfocusontheAreaofFreedom, SecurityandJustice, andinview ofthepotentiallyfar-reachinginfluenceoftheHagueProgrammefortheEu- peancitizens, thedepartmentofEuropeanLaworganizedatwodaysinternational conferenceon23and24June2005inRotterdam, withover120participantsfrom alloverEurope. Prominentspeakersfrompolitics(EuropeanCommissionerFr- tini, DutchMinisterofJusticeDonner), thecivilservice(fromtheEuropeanC- mission, fromtheCouncil, andfromnationalministries), nongovernmentalor- nizations, and from the academic world (speakers from Turkey, the UK, and Germany for instance) discussed the new developments from many different angles. VIII Thisbookrepresentsthereflectionoftheconference: manyspeakersandp- ticipantscooperatedtoproducethisfirstevaluationoftheHagueProgramme. In viewofitsdifferentcharacteronlycivillawcooperationisnotcoveredinthis publication. WewouldliketothankLauraSchepersfortakingcareofallthedetailsinthe texts, andPeterMorrisforfine-tuningthelanguage. Wecouldnothaveorganized theconferencewithoutthehelpofNathalieWeberandAnnetSchuurmanofour conferencebureau. Rotterdam, May2006 JaapdeZwaan FloraGoudappel IX TableofContents Summaryofcontents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V Foreword. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII Listofabbreviations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XV Introductoryspeeches Piet-HeinDonner TheHagueProgramme. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 FrancoFrattini TheHagueProgramme: ourfutureinvestmentindemocraticstabilityand democraticsecurity. . . . . . . . . . . . . . .

Europe has finally started to debate migration. A timely debate indeed, as many migrants have over the last 30 years entered the European Union without the cover of a proper and well-defined policy. The Migration Acquis Handbook (a companion to The Asylum Acquis Handbook) describes and provides the foundation for a common European Migration Policy. It provides an overview of EU instruments in an accessible and transparent manner, pays due attention to EC Commissioner Vitorino's communication on migration and his call for a debate; reproduces relevant non-European international (UN) instruments; moreover includes an overview of the context and contents of the most hotly-contested issues: ageing and demography, globalization, illegal migration, trafficking and family reunification. This handbook should be considered an extremely useful tool, if not indispensable, for the executive, students, policy makers, the media and all others interested in this exceedingly important topic. Dr Van Krieken is actively involved in European migration, refugee and asylum policy issues under CIREA, Phare assessment missions and related Twinning, Odysseus and Horizontal Programmes

Few issues concerning religious freedom provoke so much controversy and debate as the extent to which religious symbols should be protected in the public sphere and the workplace. This book provides the first sustained philosophical analysis of the concepts at issue in this debate, as well as covering all the major recent cases brought under Article 9 of the European Convention of Human Rights, including the landmark judgment Eweida v UK. In particular, it gives a clear presentation of the current state of the case-law, grounding it, in a unique contribution to the debate, in an investigation of its philosophical underpinnings. Particular attention is paid to different functions of the symbol and their theoretical background, with new emphasis on the role of the symbol in bearing witness to faith. This book will open up new vistas for philosophers of religion and legal theorists alike.

The principle of effective judicial protection ('PEJP') is specifically provided for in the EU Charter of Fundamental Rights Article 47. But how effective is the provision and the protection it affords? This ambitious, innovative project examines that question over two volumes. In the first volume an expert team explores how the Court of Justice of the European Union (CJEU) has interpreted the PEJP, as expressed in particular by Article 47, in selected policy areas, and reflects on the impact of the principle on the EU's constitutional structure. Taking both a horizontal interpretation, analysing the constitutional themes in play, and a vertical one, which looks at the Court's interpretation in specific policy areas, it shows the interplay of the protection within the wider architecture of the EU. Addressing key questions such as legal certainty, judicial autonomy and division of competences, it significantly adds to our understanding of judicial protection within the EU.

This volume brings together reflections on citizenship, political violence, race, ethnicity and gender, by some of the most critical voices of our times. Detailed and wide-ranging individual reflections, take the writings of prominent Ugandan political theorist Mahmood Mamdani as a touchstone for thinking about the world from Africa. Contributors apply this theory to argue that we cannot make sense of the political contentions of difference, identity and citizenship today without understanding the legacies of colonial rule on our world. Chapters examine the persistence of the past, and how we must reckon with its tragedies, its injustices, and its utopias in order to chart a new politics; the politics of possible futures that are more inclusive and more egalitarian, and that can think of difference in more equitable ways. In a time when the call to decolonize knowledge, and politics rings loud and clear, this is both a timely and a crucial intervention.

In 1996, powerful anti-immigrant forces in New Gingrich's 104th Congress worked hard to pass the most restrictive immigration law in decades. This law changed virtually every aspect of immigration policy, including the rules for political and religious refugees. It is not, however, as harsh a law as the chairmen of the committees wanted. A fascinating case study of the legislative process and the author's experience as a public lobbyist, A Well-Founded Fear tells how a coalition of human rights and refugee organisations fought to preserve the rights of refugees and asylum seekers.

In Frontiers of Gender Equality, editor Rebecca Cook enlarges the chorus of voices to introduce new and different discourses about the wrongs of gender discrimination and to explain the multiple dimensions of gender equality. This volume demonstrates that the wrongs of discrimination can best be understood from the perspective of the discriminated, and that gender discrimination persists and grows in new and different contexts, widening the gap between the principle of gender equality and its realization, particularly for subgroups of women and LGBTQ+ peoples. Frontiers of Gender Equality provides retrospective views of the struggles to eliminate gender discrimination in national courts and international human rights treaties. Focusing on gender equality enables comparisons and contrasts among these regimes to better understand how they reinforce gender equality norms. Different regional and international treaties are examined, those in the forefront of advancing gender equality, those that are promising but little known, and those whose focus includes economic, social, and cultural rights, to explore why some struggles were successful and others less so. The book illustrates how gender discrimination continues to be normalized and camouflaged, and how it intersects with other axes of subordination, such as indigeneity, religion, and poverty, to create new forms of intersectional discrimination. With the benefit of hindsight, the book's contributors reconstruct gender equalities in concrete situations. Given the increasingly porous exchanges between domestic and international law, various national, regional, and international decisions and texts are examined to determine how better to breathe life into equality from the perspectives, for instance, of Indigenous and Muslim women, those who were violated sexually and physically, and those needing access to necessary health care, including abortion. The conclusion suggests areas of future research, including how to translate the concept of intersectionality into normative and institutional settings, which will assist in promoting the goals of gender equality.

This book focuses on border deaths at sea. It unravels how the interplay of the law of the sea and rules on jurisdiction widen the opportunity for states to make and enforce rules outside their territory, and questions whether this is also accompanied with an obligation to respect the right to life under the European Convention on Human Rights (ECHR) when doing so. By embarking upon the challenge of analysing a cross-border phenomenon in which direct encounters between state agents and the victims are few through the lens of legal obligations, the book unearths avenues for arguing that the ECHR is applicable to border deaths on the high seas and showcases the Court's creativity in bridging the gap between the Convention and people in need of protection. Furthermore, it demonstrates that the ECHR is applicable to border deaths occurring within the territorial seas of states. It discusses the right to life, as well as the specific obligations of states in respect to border deaths at sea, and demonstrates that in many instances, EU policies fall short of the standards set under the right to life. This book will be of key interest to scholars, students and practitioners in migrant rights, international human rights law, public international law including, refugee and migration law, maritime law, and security studies.

This book aims to introduce concrete and innovative proposals for an holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, 'as if human rights law were really one', borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law. Integrated Human Rights in Practice shows that even within the current fragmented landscape of international human rights law, it is possible to integrate human rights to a significantly higher degree than is generally the case. Redrafted opinions deal with major contemporary issues such as conscientious objection by health service providers, intersectional discrimination of minority women, the rights of persons with disabilities, the rights of indigenous peoples against powerful economic interests, and the human rights impact of austerity measures. This book's novel perspective and applied, concrete examples make it an invaluable resource for academics and students as well as judges, lawyers, and treaty body members.

This edited collection addresses some of the most important challenges in contemporary human rights law and practice. Its central theme is the linkage between public finance, particularly budget decisions, and the realisation (or not) of economic and social rights. While much academic and political debate on economic and social rights implementation has focused on the role of the courts, this work places the spotlight squarely on those organs of government that have the primary responsibility and the greatest capacity for giving effect to such rights: namely, the elected branches of government. The major actors considered in this book are politicians, public servants and civil society, with their role in realising economic and social rights the work's key focus. The book thus makes a crucial contribution to remedying the current imbalance in attention paid by economic and social rights scholars to the legislature and executive vis-a-vis the judiciary. Featuring pioneering work by leading experts in the field of human rights and public finance, this multidisciplinary collection will be of great interest to academics, practitioners, public servants and students working in the areas of law, human rights, economics, development and political science.