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.

Understand the CCPA (California Consumer Privacy Act) and how to implement strategies to comply with this privacy regulation. Established in June 2018, the CCPA was created to remedy the lack of comprehensive privacy regulation in the state of California. When it comes into effect on January 1, 2020, the CCPA will give California residents the right to: Learn what personal data a business has collected about them Understand who this data has been disclosed to Find out whether their personal data has been sold to third parties, and who these third parties are Opt-out of such data transactions, or request that the data be deleted. Many organizations that do business in the state of California must align to the provisions of the CCPA. Much like the EU's GDPR (General Data Protection Regulation), businesses that fail to comply with the CCPA will face economic penalties. Prepare your business for CCPA compliance with our implementation guide that: Provides the reader with a comprehensive understanding of the legislation by explaining key terms Explains how a business can implement strategies to comply with the CCPA Discusses potential developments of the CCPA to further aid compliance Your guide to understanding the CCPA and how you can implement a strategy to comply with this legislation - buy this book today to get the guidance you need! About the author Preston Bukaty is an attorney and consultant. He specializes in data privacy GRC projects, from data inventory audits to gap analyses, contract management, and remediation planning. His compliance background and experience operationalizing compliance in a variety of industries give him a strong understanding of the legal issues presented by international regulatory frameworks. Having conducted more than 3,000 data mapping audits, he also understands the practical realities of project management in operationalizing compliance initiatives. Preston's legal experience and enthusiasm for technology make him uniquely suited to understanding the business impact of privacy regulations such as the GDPR and the CCPA. He has advised more than 250 organizations engaged in businesses as varied as SaaS platforms, mobile geolocation applications, GNSS/telematics tools, financial institutions, fleet management software, architectural/engineering design systems, and web hosting. He also teaches certification courses on GDPR compliance and ISO 27001 implementation, and writes on data privacy law topics. Preston lives in Denver, Colorado. Prior to working as a data privacy consultant, he worked for an international GPS software company, advising business areas on compliance issues across 140 countries. Preston holds a juris doctorate from the University of Kansas School of Law, along with a basketball signed by Hall of Fame coach Bill Self.

Most people believe that the right to privacy is inherently at odds with the right to free speech. Courts all over the world have struggled with how to reconcile the problems of media gossip with our commitment to free and open public debate for over a century. The rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, where offensive and hurtful speech about others is rife.
How should we think about the problems of privacy and free speech? In Intellectual Privacy, Neil Richards offers a different solution, one that ensures that our ideas and values keep pace with our technologies. Because of the importance of free speech to free and open societies, he argues that when privacy and free speech truly conflict, free speech should almost always win. Only when disclosures of truly horrible information are made (such as sex tapes) should privacy be able to trump our commitment to free expression. But in sharp contrast to conventional wisdom, Richards argues that speech and privacy are only rarely in conflict. America's obsession with celebrity culture has blinded us to more important aspects of how privacy and speech fit together. Celebrity gossip might be a price we pay for a free press, but the privacy of ordinary people need not be. True invasions of privacy like peeping toms or electronic surveillance will rarely merit protection as free speech. And critically, Richards shows how most of the law we enact to protect online privacy pose no serious burden to public debate, and how protecting the privacy of our data is not censorship.
More fundamentally, Richards shows how privacy and free speech are often essential to each other. He explains the importance of 'intellectual privacy, ' protection from surveillance or interference when we are engaged in the processes of generating ideas - thinking, reading, and speaking with confidantes before our ideas are ready for public consumption. In our digital age, in which we increasingly communicate, read, and think with the help of technologies that track us, increased protection for intellectual privacy has become an imperative. What we must do, then, is to worry less about barring tabloid gossip, and worry much more about corporate and government surveillance into the minds, conversations, reading habits, and political beliefs of ordinary people.
A timely and provocative book on a subject that affects us all, Intellectual Privacy will radically reshape the debate about privacy and free speech in our digital age.

This collection joins the new and expanding scholarship on the protection of fundamental rights in Europe and reflects on the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book questions whether the changes introduced by the Lisbon Treaty align the CJEU to the ECtHR's interpretation and methods, triggering different processes of institutionalisation within a coherent European system. These issues are explored through a contextual analysis of areas of law such as equality rights in employment law, citizenship and migration, internet law and access to justice. This volume includes perspectives from the scholarly community as well as practitioners, judges and European policy makers. It also examines the state of accession of the EU to the European Convention on Human Rights (ECHR) and considers the legal implications of the interactions of the two courts for the protection of the fundamental rights of EU citizens and individuals legally residing in Europe. The volume is essential reading for practitioners, judges, European policy makers and members of the scholarly community working in this area of law.

Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.

Britain is now permanently a multiracial and multicultural society, with a race relations legislative framework. This is an analysis of the contribution made by this legislation to the development of British race relations. The politics of the Race Relations Act 1976, the issues regarding law enforcement and the impact of legislation in British race relations are examined. Contextualising Britain, the book puts the situation in this country within the European Union framework and compares it with the United States. It also looks to the future and makes relevant suggestions to improve the current legislation.

Since the 1950s, the right to conscientious objection to military service in international human rights law has excited the interest of both non-governmental and inter-governmental organizations in a variety of contexts. This book examines the subject, beginning with an exploration of the concept of conscience and its evolution with a view toward understanding the meaning and potential scope of the right to conscientious objection from a legal perspective. It then investigates the right to conscientious objection as a legitimate exercise of freedom of thought, conscience, and religion. Ozgur Heval Cinar analyzes human rights law at both the international and regional level, examining UN, European, and Inter-American mechanisms.

Because of the overwhelming changes in media within the past twenty years, First Amendment values are more vital than ever to this country's freedom. This thorough study brings to the forefront the reasons that government regulation of news content violates the public interest and the fundamental principles of the First Amendment. A recent FCC decision may even threaten the freedom of news on the Internet.

The U.S. State Department urged at World Press Freedom Day in 2011 that journalists should not be the only ones standing for press freedom. "Each one of us who recognize the value of an informed citizenry must also stand up for this fundamental right."*

*www.misa.org/mediarelease/pressfreedom.html

The terrorist attacks of 9/11 precipitated significant legal changes over the ensuing ten years, a "long decade" that saw both domestic and international legal systems evolve in reaction to the seemingly permanent threat of international terrorism. At the same time, globalization produced worldwide insecurity that weakened the nation-state's ability to monopolize violence and assure safety for its people. The Long Decade: How 9/11 Changed the Law contains contributions by international legal scholars who critically reflect on how the terrorist attacks of 9/11 precipitated these legal changes. This book examines how the uncertainties of the "long decade" made fear a political and legal force, challenged national constitutional orders, altered fundamental assumptions about the rule of law, and ultimately raised questions about how democracy and human rights can cope with competing security pressures, while considering the complex process of crafting anti-terrorism measures.

States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that unauthorized migrants can permissibly evade, deceive, and use defensive force against immigration agents, that smugglers can aid migrants in crossing borders, and that citizens should disobey laws that compel them to harm immigrants. Unjust Borders is a meditation on how individuals should act in the midst of pervasive injustice.

A provocative work that explains where and when confidentiality begins, ends, and breaks The variety and pervasiveness of confidentiality issues today is breathtaking. Not a day passes without a media report on a breach of confidentiality, a claim of attorney-client privilege, a journalist jailed for refusing to reveal a source, a medical or hospital record improperly disclosed, or a major business deal exposed by anonymous sources. In Confidence examines confidential issues that arise in various disciplines and relationships and considers which should be protected and which should not. Ronald Goldfarb organizes the book around professionals for whom confidentiality is an issue of weighty importance: government officials, attorneys, medical personnel, psychotherapists, clergy, business people, and journalists. In a chapter devoted to each, and in another on spousal privilege, he lays out specific issues and the law's positions on them. He discusses an array of court cases in which confidentiality issues played an important role and decisions were often surprising and controversial. Goldfarb also looks into the criteria that should be used when determining whether secrets must be revealed. His nuanced analysis reveals how federal government practices and technological capabilities increasingly challenge the boundaries of privacy, and his thoughtful insights open the door to meaningful new debate.

How many questions could you answer in a pub quiz about British values? Designed to ensure new migrants have accepted British values and integrated, the UK's citizenship test is often portrayed as a bad pub quiz with answers few citizens know. With the launch of a new post-Brexit immigration system, this is a critical time to change the test. Thom Brooks draws on first-hand experience of taking the test, and interviews with key figures including past Home Secretaries, to expose the test as ineffective and a barrier to citizenship. This accessible guide offers recommendations for transforming the citizenship test into a 'bridge to citizenship' which fosters greater inclusion and integration.

The UN outlawed genocide in 1948, and the United States launched a war on terror in 2001; yet still today, neither genocide nor terrorism shows any sign of abating. This book explains why those efforts have fallen short and identifies policies that can prevent such carnage. The key is getting the causation analysis right. Conventional wisdom emphasizes ancient hatreds, poverty, and the impact of Western colonialism as drivers of mass violence. But far more important is the inciting power of mass, ideological hate propaganda: this is what activates the drive to commit mass atrocities, and creates the multitude of perpetrators needed to conduct a genocide or sustain a terror campaign. A secondary causal factor is illiberal, dualistic political culture: this is the breeding ground for the extremist, "us-vs-them" ideologies that always precipitate episodes of mass hate incitement. A two-tiered policy response naturally follows from this analysis: in the short term, several targeted interventions to curtail outbreaks of such incitement; and in the long term, support for indigenous agents of liberalization in venues most at risk for ideologically-driven violence.

This unique guidebook presents a comprehensive analysis of the new Americans with Disabilities Act (ADA), the most significant federal civil rights law in almost 30 years, and its impact on over four million American businesses, state and local governments, nonprofit associations, 87 percent of America's private sector jobs, and 22.7 million working-age people with disabilities.

Written by two Washington-based experts on the new federal mandate, the book relies on extensive interviews with federal officials and the expert opinion of business leaders, leaders in the disability community, and the authors of the legislation. Fersh and Thomas provide a clear analysis of the final federal regulations and their implications for businesses, nonprofit associations, state and local governments, and managers and employers who need to make modifications to physical barriers in places of public accommodation, such as stores and restaurants, and in barriers to equal employment in the workplace. The book uses case histories and Congressional reports and testimony to illustrate new employment procedures--from applications, testing, and insurance benefits to job descriptions, reasonable accommodation, and new rights in telecommunications and public ground transportation. The social, legislative, and economic history that led to the laW's enactment is illustrated through photographs and 18 tables. Included are specific guidelines on how to interview and work with people with disabilities, containing specific sections on people who use wheelchairs, and people with mental retardation, cerebral palsy, epilepsy, hearing and visual impairments, AIDS, speech impairments, learning disabilities, and mental illness. Also featured are how to sections for developing a compliance plan, implementing reasonable accommodation, and how to create an ADA awareness program for employees. The book explores the successful use of workers with disabilities in companies over the last twenty years, and the high costs of unemployment among working-age people with disabilities in tax revenues and lost productivity. Leaders and experts, such as I. King Jordan, Ph.D., president of Gallaudet University, provide short articles on their perspective of the ADA.

The word 'refugee' is both evocative and contested; it means different things to different people. For lawyers, the main legal reference point is the UN Refugee Convention of 1951. This concise and engaging book follows the structure of the Convention to explore international refugee law. Including an introduction to the historical and legal context, Colin Yeo draws on his experience as an immigration barrister to explain the present-day legal framework for global refugee protection. Chapters consider: * well-founded fear; * persecution; * the loss of refugee status and exclusion; * the rights of refugees; * and state responses to refugee claims. The book includes studies of key legal cases, reviews the successes and failures of the Convention and looks ahead to the future, including the impact of climate change and the Global Compact on Refugees. Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists.

Human rights have become a defining feature of contemporary society, permeating public discourse on politics, law and culture. But why did human rights emerge as a key social force in our time and what is the relationship between rights and the structures of both national and international society? By highlighting the institutional and socio-cultural context of human rights, this timely and thought-provoking collection provides illuminating insights into the emergence and contemporary societal significance of human rights. Drawn from both sides of the Atlantic and adhering to refreshingly different theoretical orientations, the contributors to this volume show how sociology can develop our understanding of human rights and how the emergence of human rights relates to classical sociological questions such as social change, modernisation or state formation. Making Human Rights Intelligible provides an important sociological account of the development of international human rights. It will be of interest to human rights scholars and sociologists of law and anyone wishing to deepen their understanding of one of the most significant issues of our time.

This collection of essays is a tribute to Lord Kerr of Tonaghmore, who died aged 72 on 1 December 2020 after having retired from the UK Supreme Court just two months earlier. Brian Kerr was appointed as a judge of the High Court of Northern Ireland in 1993. He became the Lord Chief Justice of Northern Ireland in 2004 before being elevated to a peerage and appointed as the last Lord of Appeal in Ordinary in June 2009. Four months later, as Lord Kerr, he moved from the Appellate Committee of the House of Lords to the UK Supreme Court where, after exactly 11 years, he concluded his distinguished judicial career as the longest-serving Justice to date. During his career he established an exceptional reputation for independence of thought, fairness and humanitarianism. Lord Kerr's judicial mind has inspired and influenced a significant number of scholars and jurists throughout the UK and beyond. In this book, his unique brand of jurisprudence is examined alongside a catalogue of broader issues in which he displayed a keen interest during his lifetime. The volume includes topical contributions from a range of legal experts in Britain and Ireland. Lord Kerr's particular interest in public law, human rights law, criminal law, and family law is featured prominently, but so too is the importance of his dissenting judgments, some influential jurisprudence of the Judicial Committee of the Privy Council (where he sat on many occasions), the legacy of his influence on the law and legal system of Northern Ireland and the significance of his place in the historical development of judicial roles and responsibilities more generally.

Restricting Los Angeles Paparazzi: California's Legal Efforts Impacting Free Press Rights is a detailed analysis of California's anti-paparazzi laws aimed at protecting celebrities' privacy. Joshua N. Azriel provides an ethnographic, First Amendment-based critique of the state's privacy and anti-harassment laws and discusses the broader implications of these laws on free press rights. Azriel conducted fieldwork acting as a paparazzo taking photos of celebrities and interviewed paparazzi directly about whether they comply with the laws, providing readers with insight into the challenges and ethics of the paparazzi industry and firsthand perspectives of photographers in the field. Scholars of media studies, legal studies, and sociology will find this book particularly useful.

Socio-economic rights raise many complex challenges to the traditional understanding of the nature of human rights, the role of courts in democratic society and the nature of remedies. This collection draws together the sophisticated and constructive solutions developed by the foremost thinkers to fully recognise socio-economic rights, demonstrating how traditional concepts and obstacles can be re-characterised and modified to ensure respect for the indivisibility of human rights. This important collection provides crucial insights into the emerging and perennial challenges to socio-economic rights. Including an original introduction, it is an ideal resource for those new to the study of socio-economic rights, academics, policy makers and all those interested in using human rights to achieve social justice.

Why do governments pass freedom of information laws? The symbolic power and force surrounding FOI makes it appealing as an electoral promise but hard to disengage from once in power. However, behind closed doors compromises and manoeuvres ensure that bold policies are seriously weakened before they reach the statute book. The politics of freedom of information examines how Tony Blair's government proposed a radical FOI law only to back down in fear of what it would do. But FOI survived, in part due to the government's reluctance to be seen to reject a law that spoke of 'freedom', 'information' and 'rights'. After comparing the British experience with the difficult development of FOI in Australia, India and the United States - and the rather different cases of Ireland and New Zealand - the book concludes by looking at how the disruptive, dynamic and democratic effects of FOI laws continue to cause controversy once in operation. -- .

This is a groundbreaking application of contemporary philosophy to human rights law that proposes several significant innovations for the progressive development of human rights. Drawing on the works of prominent philosophers of the Other including Emmanuel Levinas, Gayatri Chakravorti Spivak, Judith Butler, and most centrally the Argentine philosopher of liberation Enrique Dussel, this book develops an ethics based on concrete face-to-face relationships with the Marginalized Other. It proposes that this ethics should inspire a human rights law that is grounded in transcendental justice and framed from the perspective of marginalized groups. Such law would continuously deconstruct the original violence found in all human rights treaties and tribunals and promote preferential treatment for the marginalized. It would be especially attentive to such issues as access to justice, voice, representation, agency, and responsibility. This approach differs markedly from more conventional theories of human rights that prioritize the autonomy of the ego, state sovereignty, democracy, and/or equality.

The EU has become a powerful migration policy actor. As a result, European migration policy is increasingly coming into conflict with its obligation to protect human rights. This open access volume names the most urgent challenges, develops the relevant legal standards and makes proposals for reform. Central problem areas included are: -access to asylum in the EU -freedom of movement for migrants -legal procedural guarantees -the ban on discrimination based on residence status -respect for social and family ties in migration control measures -the guarantee of minimum social rights for irregular migrants, and -the public and civil society infrastructure to defend human rights. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on https://doi.org/10.5771/9783748926740. Open access was funded by the Stiftung Mercator.

This book explores the increasing concern over the extent to which those suffering from forced cross-border displacement as a result of environmental change are protected under international human rights law. Formally they are not entitled to admission or stay in a third state country, a situation that has been identified as an international "legal protection gap". The book seeks to provide answers to two basic questions: whether and to what extent existing international law protects cross-border environmental displacement, and whether and how existing formalized regional complementary protection standards can interpretively solidify and conceptualize protection for cross-border environmental displacement. The discussion outlines that the protection of the human person is not only an ex post facto obligation of states, but must be increasingly seen as an ex ante one. The analysis further suggests that the European Union regionally orientated protection regime can help states to consolidate an evolving protection paradigm of proactive and reactive measures being erected at the international level. It can also narrow the identified legal protection gaps. In so doing, it helps states to reconceptualise protection as a holistic and dynamic enterprise. This book will be of great interest to academics in law, political science and human rights, policy makers and civil society organisations both at national and international level.

Integration and New Limits on Citizenship Rights is a state-centered analysis of citizenship, immigration and social identity. It explores the increasing role of nation states as critical actors in using social policy to affect the social location of immigrants and ethnics and also to redefine what it means to be a full citizen.