In Digital Data Collection and Information Privacy Law, Mark Burdon argues for the reformulation of information privacy law to regulate new power consequences of ubiquitous data collection. Examining developing business models, based on collections of sensor data - with a focus on the 'smart home' - Burdon demonstrates the challenges that are arising for information privacy's control-model and its application of principled protections of personal information exchange. By reformulating information privacy's primary role of individual control as an interrupter of modulated power, Burdon provides a foundation for future law reform and calls for stronger information privacy law protections. This book should be read by anyone interested in the role of privacy in a world of ubiquitous and pervasive data collection.

The book launches with examples, concrete cases, or political confrontations to explain how to conceive the safeguards at stake. It portrays these as embodying principles requiring particular actions and the implementation of policies. For instance, free speech demands permitting seemingly offensive expression plus promoting a diverse and open public debate. The work scrutinizes specific guaranties, such as those pertaining to asylum, citizenship, abortion, due process, self-determination, or the environment. It presents them as engendering problems peculiar to them. Next, the discussion dissects how precepts, like human rights and democracy, may contingently clash despite their overall commensurability. Finally, it underscores the interconnection of negative, substantive, and national entitlements with their positive, procedural, and international counterparts. Throughout, ruminations on the following questions unfold: How may courts and governments respectively contribute to actualizing the liberties at issue? How do these bear upon social justice? How may ideologically opposed states nonetheless collaborate on them?

Judges often behave in surprising ways when they re-interpret laws and constitutions. Contrary to existing expectations, judges regularly abandon their own established interpretations in favor of new understandings. In Reconstructing Rights, Stephan Stohler offers a new theory of judicial behavior which demonstrates that judges do not act alone. Instead, Stohler shows that judges work in a deliberative fashion with aligned partisans in the elected branches to articulate evolving interpretations of major statutes and constitutions. Reconstructing Rights draws on legislative debates, legal briefs, and hundreds of judicial opinions issued from high courts in India, South Africa, and the United States in the area of discrimination and affirmative action. These materials demonstrate judges' willingness to provide interpretative leadership. But they also demonstrate how judges relinquish their leadership roles when their aligned counterparts disagree. This pattern of behavior indicates that judges do not exercise exclusive authority over constitutional interpretation. Rather, that task is subject to greater democratic influence than is often acknowledged.

The 1972 Aboriginal Embassy was one of the most significant indigenous political demonstrations of the twentieth century. What began as a simple response to a Prime Ministerial statement on Australia Day 1972, evolved into a six-month political stand-off between radical Aboriginal activists and a conservative Australian government. The dramatic scenes in July 1972 when police forcibly removed the Embassy from the lawns of the Australian Houses of Parliament were transmitted around the world. The demonstration increased international awareness of the struggle for justice by Aboriginal people, brought an end to the national government policy of assimilation and put Aboriginal issues firmly onto the national political agenda. The Embassy remains today and on Australia Day 2012 was again the focal point for national and international attention, demonstrating the intensity that the Embassy can still provoke after forty years of just sitting there. If, as some suggest, the Embassy can only ever be removed by Aboriginal people achieving their goals of Land Rights, Self-Determination and economic independence then it is likely to remain for some time yet.

This book explores the context of this moment that captured the world s attention by using, predominantly, the voices of the people who were there. More than a simple oral history, some of the key players represented here bring with them the imprimatur of the education they were to gain in the era after the Tent Embassy. This is an act of radicalisation. The Aboriginal participants in subversive political action have now broken through the barriers of access to academia and write as both eye-witnesses and also as trained historians, lawyers, film-makers. It is another act of subversion, a continuing taunt to the entrenched institutions of the dominant culture, part of a continuum of political thought and action. (Larissa Behrendt, Professor of Law, Jumbunna Indigenous House of Learning, University of Technology Sydney)

Using Human Rights to Counter Terrorism uses practical examples to argue that a State's lack of respect for human rights is counter-productive and hinders its fight against terrorism. Through analysing legislative developments since 2001, this book examines how and why many counter terrorism measures have so far been unsuccessful; arguing that longer term, a human rights-centric approach is required. The book's expert contributors have a wide breadth of experience at a national and international level. They have worked with institutions such as national intelligence agencies, the UN Security Council, the UN Human Rights Council as well as a number of UN bodies specializing in Human Rights and Terrorism. Various counter terrorism measures, including mass digital surveillance, the use of drones, and the use of torture are examined. The impact of counter terrorism measures on migration, civil society, and the delivery of humanitarian assistance are assessed. The chapters serve to show that a lack of accountability for human rights violations in these areas can be conducive to an increase in terrorist activity. Those working within State authorities, international and non-governmental organizations will find the arguments presented in this work compelling. Legal practitioners working in the security and human rights sectors will also find this book a useful source of evidence to support human rights countering the challenges of terrorism. Contributors include: F.N. Aolain, R. Barrett, A. Charbord, B. Emmerson, U. Garms, L. Ginsborg, M. Nowak, L. Oldring, T. Parker, M. Scheinin

'Focused content, layout and price - Routledge competes and wins in relation to all of these factors' - Craig Lind, University of Sussex, UK 'The best value and best format books on the market.' - Ed Bates, Southampton University, UK Routledge Student Statutes present all the legislation students need in one easy-to-use volume. Developed in response to feedback from lecturers and students, this book offer a fully up-to-date, comprehensive, and clearly presented collection of legislation - ideal for LLB and GDL course and exam use. Routledge Student Statutes are: * Exam Friendly: un-annotated and conforming to exam regulations * Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation * Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have been developed to meet student needs through extensive market research * Easy to use: a clear text design, comprehensive table of contents, multiple indexes and highlighted amendments to the law make these books the most student-friendly Statutes on the market Competitively Priced: Routledge Student Statutes offer content and usability rated as good or better than our major competitor, but at a more competitive price * Supported by a Companion Website: presenting scenario questions for interpreting Statutes, annotated web links, and multiple-choice questions, these resources are designed to help students to be confident and prepared.

The Civil Rights Act of 1960 aimed to close loopholes in its 1957 predecessor that had allowed continued voter disenfranchisement for African Americans and for Mexicans in Texas. In early 1959, the newly seated Eighty-Sixth Congress had four major civil rights bills under consideration. Eventually consolidated into the 1960 Civil Rights Act, their purpose was to correct the weaknesses in the 1957 law. Mitchell's papers from 1959 to 1960 show the extent to which congressional resistance to the passage of meaningful civil rights laws contributed to the lunch counter sit-ins in Greensboro, North Carolina, and to subsequent demonstrations. The papers reveal how the repercussions of these events affected the NAACP's work in Washington and how, despite their dislike of demonstrations, NAACP officials used them to intensify the civil rights struggle. Among the act's seven titles were provisions authorizing federal inspection of local voter registration rolls and penalties for anyone attempting to interfere with voters on the basis of race or color. The law extended the powers of the US Commission on Civil Rights and broadened the legal definition of the verb to vote to encompass all elements of the process: registering, casting a ballot, and properly counting that ballot. Ultimately, Mitchell considered the 1960 act unsuccessful because Congress had failed to include key amendments that would have further strengthened the 1957 act. In the House, representatives used parliamentary tactics to stall employment protections, school desegregation, poll-tax elimination, and other meaningful civil rights reforms. The fight would continue. The Papers of Clarence Mitchell Jr. series is a detailed record of the NAACP leader's success in bringing the legislative branch together with the judicial and executive branches to provide civil rights protections during the twentieth century.

Human rights, despite being prone to serious obstacles, have garnered immense attention in the recent years. This book is an authoritative study of the recent trends and challenges of human rights in India, focusing on the advancement of judicial activism and gross violations of these rights by the government and private stakeholders. Covering a wide range of topics, Advancement of Human Rights in India: Contemporary and Emerging Challenges features critical discussions on the legal rights of women, children, forest tribes, disabled individuals, prisoners and other socially disadvantaged groups whose welfare is heavily neglected, and thus, needs urgent attention. This book also addresses contemporary debates on consular access, privacy, paternity leave and food security, among others. This book acknowledges progress in the fight for human rights and also presents possible solutions to the many difficulties that lie ahead.

When and how might the term genocide appropriately be ascribed to the experience of North American Indigenous nations under settler colonialism? Laurelyn Whitt and Alan W. Clarke contend that, if certain events which occurred during the colonization of North America were to take place today, they could be prosecuted as genocide. The legal methodology that the authors develop to establish this draws upon the definition of genocide as presented in the United Nations Genocide Convention and enhanced by subsequent decisions in international legal fora. Focusing on early British colonization, the authors apply this methodology to two historical cases: that of the Beothuk Nation from 1500-1830, and of the Powhatan Tsenacommacah from 1607-77. North American Genocides concludes with a critique of the Conventional account of genocide, suggesting how it might evolve beyond its limitations to embrace the role of cultural destruction in undermining the viability of human groups.

Although rights-based claims are diversifying and opportunities and resources for claims-making have improved, obtaining rights protections and catalysing social change in South Korea remain challenging processes. This volume examines how different groups in South Korea have defined and articulated grievances and mobilized to remedy them. It explores developments in the institutional contexts within which rights claiming occurs and in the sources of support available for utilizing different claims-making channels. Drawing on scores of original interviews, readings of court rulings and statutes, primary archival and digital sources, and interpretive analysis of news media coverage in Korean, this volume illuminates rights in action. The chapters uncover conflicts over contending rights claims, expose disparities between theory and practice in the law, trace interconnections among rights-based movements, and map emerging trends in the use of rights language. Case studies examine the rights of women, workers, people with disabilities, migrants, and sexual minorities.

Chief Standing Bear of the Ponca Nation faced arrest for leaving the U.S. government's reservation, without its permission, for the love of his son and his people. Standing Bear fought for his freedom not through armed resistance but with bold action, strong testimony, and heartfelt eloquence. He knew he and his people had suffered a great injustice. Standing Bear wanted the right to live and die with his family on the beloved land of his Ponca ancestors, located within the Great Plains of Nebraska. In telling his story, Standing Bear's Quest for Freedom relates an unprecedented civil rights victory for Native Americans: for the first time, in 1879, a federal court declared a Native American to be a "person"-a human being with the right to file an action for a redress of grievances in a federal court, like every other person in the United States. Standing Bear's victory in Standing Bear v. Crook began a national movement of reforming Native American rights-albeit a slow one. Because of the courage and leadership of Chief Standing Bear, the pervasive spirit of indifference of most Americans toward Native Americans was disrupted by this historic decision. America would never be the same.

In Badges and Incidents, Michael J. Kaufman undertakes an interdisciplinary investigation of American education law and pedagogy. By weaving together the invaluable insights of law, education, history, political science, economics, psychology, and neuroscience, this book illuminates the ways in which the design of the American educational system does not reflect how human beings live and learn. It examines the principles of the nation's Founders and demonstrates how a distorted presentation of the Founders' views curtailed the development of a truly democratic educational system. The influence of this distortion on several critical Supreme Court decisions is exposed, and these decisions have largely failed to facilitate the educational system the Founders envisioned. By placing contemporary challenges in context and endorsing social constructivist pedagogy as the best path forward, Kaufman's study will prove invaluable to advocates of equity in education, helping them navigate a contentious political climate with an eye toward future reform efforts.

In order to be effective, international tribunals should be perceived as legitimate adjudicators. European Consensus and the Legitimacy of the European Court of Human Rights provides in-depth analyses on whether European consensus is capable of enhancing the legitimacy of the European Court of Human Rights (ECtHR). Focusing on the method and value of European consensus, it examines the practicalities of consensus identification and application and discusses whether State-counting is appropriate in human rights adjudication. With over 30 interviews from judges of the ECtHR and qualitative analyses of the case law, this book gives readers access to firsthand and up-to-date information, and provides an understanding of how the European Court of Human Rights in Strasbourg interprets the European Convention on Human Rights.

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.

In a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate challenges faced by companies and stakeholders in improving human rights industry-specific human rights standards current mechanisms to hold corporations to account future challenges for business and human rights With supporting case studies throughout, this text provides an overview of current themes in the field and guidance on practical implementation, demonstrating that a thorough understanding of the human rights challenges faced by business is now vital in any business context.

How policies forged after September 11 were weaponized under Trump and turned on American democracy itself In the wake of the September 11 terror attacks, the American government implemented a wave of overt policies to fight the nation's enemies. Unseen and undetected by the public, however, another set of tools was brought to bear on the domestic front. In this riveting book, one of today's leading experts on the US security state shows how these "subtle tools" imperiled the very foundations of democracy, from the separation of powers and transparency in government to adherence to the Constitution. Taking readers from Ground Zero to the Capitol insurrection, Karen Greenberg describes the subtle tools that were forged under George W. Bush in the name of security: imprecise language, bureaucratic confusion, secrecy, and the bypassing of procedural and legal norms. While the power and legacy of these tools lasted into the Obama years, reliance on them increased exponentially in the Trump era, both in the fight against terrorism abroad and in battles closer to home. Greenberg discusses how the Trump administration weaponized these tools to separate families at the border, suppress Black Lives Matter protests, and attempt to overturn the 2020 presidential election. Revealing the deeper consequences of the war on terror, Subtle Tools paints a troubling portrait of an increasingly undemocratic America where disinformation, xenophobia, and disdain for the law became the new norm, and where the subtle tools of national security threatened democracy itself.

News headlines about privacy invasions, discrimination, and biases discovered in the platforms of big technology companies are commonplace today, and big tech's reluctance to disclose how they operate counteracts ideals of transparency, openness, and accountability. This book is for computer science students and researchers who want to study big tech's corporate surveillance from an experimental, empirical, or quantitative point of view and thereby contribute to holding big tech accountable. As a comprehensive technical resource, it guides readers through the corporate surveillance landscape and describes in detail how corporate surveillance works, how it can be studied experimentally, and what existing studies have found. It provides a thorough foundation in the necessary research methods and tools, and introduces the current research landscape along with a wide range of open issues and challenges. The book also explains how to consider ethical issues and how to turn research results into real-world change.

The places in which refugees seek sanctuary are often as dangerous and bleak as the conditions they fled. In response, many travel within and across borders in search of safety. As part of these journeys, refugees are increasingly turning to courts to ask for protection, not from persecution in their homeland, but from a place of 'refuge'. This book is the first global and comparative study of 'protection from refuge' litigation, examining whether courts facilitate or hamper refugee journeys with a particular focus on gender. Drawing on jurisprudence from Africa, Europe, North America and Oceania, Kate Ogg shows that courts have transitioned from adopting robust ideas of refuge to rudimentary ones. This trajectory indicates that courts can play a powerful role in creating more just and equitable refugee protection policies, but have, ultimately, compounded the difficulties inherent in finding sanctuary, perpetuating global inequities in refugee responsibility and rendering refuge elusive.

This book examines the national legal frameworks in place for internally displaced people in Nigeria and considers how they can be extended to provide further legal protection. Despite a growing global awareness of the importance of developing solutions to the problem of internal displacement, how that translates to national level response is often under-researched. This book focuses on Nigeria, where conflict and violence continue to drive high levels of displacement. The book begins by examining the definitions and causes of internal displacement in the national context, before considering the state of national law, and the applicability of the Kampala Convention for furthering protection and assistance for internally displaced persons. This book will be of interest to researchers of African studies and internal displacement, as well as to policy makers, civil society organizations, humanitarian actors and other regional and international stakeholders.

In recent years, the UN Human Rights Council has approved the 'Respect, Protect, and Remedy' Framework and endorsed the Guiding Principles on Business and Human Rights. These developments have been welcomed widely, but do they adequately address the challenges concerning the human rights obligations of business? This volume of essays engages critically with these important developments. The chapters revolve around four key issues: the process and methodology adopted in arriving at these documents; the source and justification of corporate human rights obligations; the nature and extent of such obligations; and the implementation and enforcement thereof. In addition to highlighting several critical deficits in these documents, the contributing authors also outline a vision for the twenty-first century in which companies have obligations to society that go beyond the responsibility to respect human rights.

Speaking truth to power is about the resurgence of activism in post-apartheid South Africa. A small legal NGO in Johannesburg, the AIDS Law Project (ALP), along with its allies in the Treatment Action Campaign, fought for more than a decade for the rights of people living with HIV/AIDS. Today South Africa has the laws that protect the rights of people living with HIV/AIDS and the largest treatment programme in the world. This would not have happened without dedicated activism and a commitment to social justice. Speaking truth to power tells how people used our constitution and the law in this struggle. The leadership of the ALP was clear as to how they wanted their history to be told. They saw the ALP story as the story of their clients and their cases, which form the milestones in this struggle. So this is a story about ordinary people who in their own way did some extraordinary things at an exceptionally difficult time. They stood up against prejudice and disinformation because they felt strongly about their rights. For some it was discrimination against themselves; for others it was discrimination against their fellow citizens who were vulnerable because they were living with a disease that had no cure and they were often seriously ill, even dying. To add insult to injury the country's president and, for some time, the government denied the scale of the epidemic. People's rights were being violated, but the law gave them a way to reassert them, generating the first resurgence of civil society in post-apartheid South Africa. This book is about the power of people and their courage to speak the truth.

Laws and norms that focus on women's lives in conflict have proliferated across the regimes of international humanitarian law, international criminal law, international human rights law and the United Nations Security Council. While separate institutions, with differing powers of monitoring and enforcement, implement these laws and norms, the activities of regimes overlap. Women's Rights in Armed Conflict under International Law is the first book to account for this pluralism and institutional diversity. This book identifies key aspects of how different regimes regulate women's rights in conflict, and how they interact. Using country case studies to reveal the practical implications of the fragmented protection of women's rights in conflict, this book offers a dynamic account of how regimes and institutions interact, the extent to which they reinforce each other, and the tensions and gaps in regulation that emerge.

In American history, students are taught about the three branches of government. Most of the time is spent learning about the Executive and the Legislative bodies, but the Judicial branch has had a monumental effect on the course of American history, and nowhere is this more apparent than in the area of civil rights. Race and National Power: A Sourcebook of Black Civil Rights from 1862 to 1954 gathers together a collection of primary documents on the history of law and civil rights, specifically in regard to race. The sources covered include key Supreme Court decisions, some opinions from other courts as well, and texts written by ordinary people - the victims and perpetrators of racism and the lawmakers who wrote the statutes the courts must interpret. With helpful headnotes and introductions, Race and National Power: A Sourcebook of Black Civil Rights from 1862 to 1954 is the perfect resource for anyone studying legal history or race in America.

Freedom of Information: A Practical Guide for UK Journalists is written to inform, instruct and inspire journalists on the investigative possibilities offered by the Freedom of Information Act. Covering exactly what the Act is, how to make FOI requests and how to use the Act to hold officials to account, Matt Burgess utilises expert opinions, relevant examples and best practice from journalists and investigators working with the Freedom of Information Act at all levels. The book is brimming with illuminating and relevant examples of the Freedom of Information Act being used by journalists, alongside a range of helpful features, including: * end-of-chapter lists of tips and learning points; * sections addressing the different areas of FOI requests; * text boxes on key thoughts and cases; * interviews with leading contemporary journalists and figures working with FOI requests. Supported by the online FOI Directory (www.foidirectory.co.uk), Freedom of Information: A Practical Guide for UK Journalists is a must read for all those training or working as journalists on this essential tool for investigating, researching and reporting.

This book develops a legal argument as to how persons with intellectual disability can flourish in a liberal setting through the exercise of human rights, even though they are perceived as non-autonomous. Using Ronald Dworkin's theory of liberal equality, it argues that ethical individualism can be modified to accommodate persons with intellectual disability as equals in liberal theory. Current legal practices, the case law of the ECtHR on disability, the provisions of the UNCRPD and a comparative analysis of English and German law are discussed, as well as suggestions for positive measures for persons with intellectual disability. The book will interest academics, human rights activists and legal practitioners in the field of disability rights.