Drawing explicit lines, across time and a broad spectrum of violent acts, to provide the definitive field guide for understanding and opposing white supremacy in America Hate, racial violence, exclusion, and racist laws receive breathless media coverage, but such attention focuses on distinct events that gain our attention for twenty-four hours. The events are presented as episodic one-offs, unfortunate but uncanny exceptions perpetrated by lone wolves, extremists, or individuals suffering from mental illness-and then the news cycle moves on. If we turn to scholars and historians for background and answers, we often find their knowledge siloed in distinct academic subfields, rarely connecting current events with legal histories, nativist insurgencies, or centuries of misogynist, anti-Black, anti-Latino, anti-Asian, and xenophobic violence. But recent hateful actions are deeply connected to the past-joined not only by common perpetrators, but by the vast complex of systems, histories, ideologies, and personal beliefs that comprise white supremacy in the United States. Gathering together a cohort of researchers and writers, A Field Guide to White Supremacy provides much-needed connections between violence present and past. This book illuminates the career of white supremacist and patriarchal violence in the United States, ranging across time and impacted groups in order to provide a working volume for those who wish to recognize, understand, name, and oppose that violence. The Field Guide is meant as an urgent resource for journalists, activists, policymakers, and citizens, illuminating common threads in white supremacist actions at every scale, from hate crimes and mass attacks to policy and law. Covering immigration, antisemitism, gendered violence, lynching, and organized domestic terrorism, the authors reveal white supremacy as a motivating force in manifold parts of American life. The book also offers a sampling of some of the most recent scholarship in this area in order to spark broader conversations between journalists and their readers, teachers and their students, and activists and their communities. A Field Guide to White Supremacy will be an indispensable resource in paving the way for politics of alliance in resistance and renewal.

With this book, the authors provide a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. They offer step-by-step approaches for maximizing the institutions 'intended effect' promotion of human rights at all levels. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. The authors are able to offer guidance on how to work within international criminal and human rights mechanisms in a way that is useful to non-government actors and applies to English-speaking practitioners almost anywhere on the globe. These pages will serve as an indispensable manual for human rights practitioners, defenders and lawyers, members of non-governmental organizations engaged in advocacy and the students, scholars and faculty of law schools.

How should international law approach the critical issue of movement of peoples in the 21st century? This book presents a radical reappraisal of this controversial problem. Challenging present-day ideas of restrictions on freedom of movement and the international structure that controls entry to states, it argues for a new blueprint for international migration policy that eliminates waste, aids both developing and developed societies and brings attendant benefits to voluntary migrants and involuntary refugees alike. In a world of increasing disorder, it is suggested that current policy only adds to international instability and threatens the interests of a functional global community.

Same-Sex Marriage and Religious Liberty explores the religious freedom implications of defining marriage to include same-sex couples. It represents the only comprehensive, scholarly appraisal to date of the church-state conflicts virtually certain to arise from the legal recognition of same-sex marriage. It explores two principal questions. First, exactly what kind of religious freedom conflicts are likely to emerge if society embraces same-sex marriage? A redefinition of marriage would impact a host of laws where marital status affects legal rights-in housing, employment, health-care, education, public accommodations, and property, in addition to family law. These laws, in turn, regulate a host of religious institutions-schools, hospitals, and social service providers, to name a few-that often embrace a different definition of marriage. As a result, church-state conflicts will follow. This volume anticipates where and how these manifold disputes will arise. Second, how might these conflicts be resolved? If the disputes spark litigation under the Free Speech, Free Exercise, or Establishment Clauses of the First Amendment, who will prevail and why? When, if ever, should claims of religious liberty prevail over claims of sexual liberty? Drawing on experience in analogous areas of law, the volume explores whether it is possible to avoid these constitutional conflicts by statutory accommodation, or by separating religious marriage from civil marriage.

Millions of children are on the move worldwide. They are fleeing conflicts and wars, they move with or without their parents to attain a better future. This is not a new phenomenon, but its current scale is unprecedented. UN reports suggest that there are currently almost 50 million children who have been uprooted, constituting half of the global refugee population. Migrant and refugee children often find themselves in particularly vulnerable positions, despite the comprehensive human rights protections accorded to them in regional and international legal instruments, including the United Nations Convention on the Rights of the Child adopted 30 years ago. Safeguarding Children's Rights in Immigration Law is a reflection of the growing concern for children and children's rights in immigration in academia and practice. It also analyses the diversity of issues related to immigration and children, such as family reunification, detention, participation, human tracking and the rights of siblings in the context of migration, as well as the significance of regional legal systems and infrastructures for the protection of children on the move.The topics explored in this book emphasise its international scope and importance, making it of interest to academics, practitioners, the wider legal profession and law students everywhere.

For decades, immigration has been one of the most divisive, contentious topics in American politics. And for decades, urgent calls for its policy reform have gone mostly unanswered. As the discord surrounding the modern immigration debate has intensified, border enforcement has tightened. Crossing harsher, less porous borders makes unauthorized entry to the United States a permanent, costly undertaking. And the challenges don't end on the other side. At once enlightening and devastating, The Border Within examines the costs and ends of America's interior enforcement-the policies and agencies, including ICE, aimed at removing immigrants already living in the country. Economist Tara Watson and journalist Kalee Thompson pair rigorous analysis with deeply personal stories from immigrants and their families to assess immigration's effects on every aspect of American life, from the labor force to social welfare programs to tax revenue. What emerges is a critical, utterly complete examination of what non-native Americans bring to the country, including immigration's tendency to elevate the wages and skills of those who are native-born.

In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country's future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all. A free open access ebook is available upon publication. Learn more at www.luminosoa.org.

This book examines immigration law from a gender perspective. It shows how immigration law situates gender conflicts outside the national order, projecting them onto non-western countries, exotic cultures, clandestine labour and criminal organizations. In doing so, immigration law sustains the illusion that gender conflicts have moved beyond the pale of European experience. In fact, the classical feminist themes of patriarchy, the gendered division of labour and sexual violence are still being played out at the heart of Europe's societies, involving both citizens and migrants. This collection of essays demonstrates how the seemingly marginal perspective of immigration law highlights Europe's unresolved gender conflicts and how a gender perspective can help us to rethink immigration law.

A user's guide to understanding contemporary free speech issues in the United States Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user's guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question-from student walkouts for gun safety to Samantha Bee's expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels- and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all.

This book examines immigration law from a gender perspective. It shows how immigration law situates gender conflicts outside the national order, projecting them onto non-western countries, exotic cultures, clandestine labour and criminal organizations. In doing so, immigration law sustains the illusion that gender conflicts have moved beyond the pale of European experience. In fact, the classical feminist themes of patriarchy, the gendered division of labour and sexual violence are still being played out at the heart of Europe's societies, involving both citizens and migrants.

This collection of essays demonstrates how the seemingly marginal perspective of immigration law highlights Europe's unresolved gender conflicts and how a gender perspective can help us to rethink immigration law.

Cellular technology has always been a surveillance technology, but "cellular convergence" - the growing trend for all forms of communication to consolidate onto the cellular handset - has dramatically increased the impact of that surveillance. In Cellular Convergence and the Death of Privacy, Stephen Wicker explores this unprecedented threat to privacy from three distinct but overlapping perspectives: the technical, the legal, and the social. Professor Wicker first describes cellular technology and cellular surveillance using language accessible to non-specialists. He then examines current legislation and Supreme Court jurisprudence that form the framework for discussions about rights in the context of cellular surveillance. Lastly, he addresses the social impact of surveillance on individual users. The story he tells is one of a technology that is changing the face of politics and economics, but in ways that remain highly uncertain.

At a time when issues concerning migration and the formation of diasporic communities have come to be critical for all European legal systems, this volume reflects, discusses and analyzes the questions raised by diasporas who have established themselves in Europe over more than fifty years of immigration and the challenges faced by legal systems in the light of continued migration. Contributors from a broad range of backgrounds address prominent issues ranging from legal pluralism among minorities, pressures on EU accession states, irregular migration, state control of family reunification and formation in light of human rights laws, challenges for citizenship and nationality laws and the implementation of visa rules and juxtaposed control zones. Besides the EU as a supranational legal order, the book contains discussion of conditions in the United Kingdom, Ireland, France, Spain, Gibraltar, Morocco, Greece, Turkey and Lithuania. This volume accompanies The Challenge of Asylum to Legal Systems and is the second book to emerge from the W.G Hart Legal Workshop held in 2004 at London's Institute for Advanced Legal Studies.

Does the right to life under article 2 ECHR include the right to terminate one's life? Does the right to private life under article 8 ECHR include the right to sleep at night free from airplane noise? Does the right to property under article 1 Protocol 1 ECHR entitle the former King of Greece to claim compensation for the expropriation of royal property, following a referendum? Do homosexual couples have a right to adopt under article 8 ECHR? This book looks at both how the European Convention on Human Rights has, and ought to, be interpreted. Unlike a purely doctrinal approach, it aims at proposing an evaluative theory of interpretation for the European Convention on Human Rights. And, unlike a purely normative account, it seeks to locate interpretive values within the history of the ECHR by surveying and analysing all the relevant judgements of the European Court of Human Rights. Consequently, the book discusses cases as much as it discusses philosophical theories, striking an appropriate balance between the two. Examining how law should be interpreted and what legal rights individuals have, this book raises important questions of political morality that are both capable - and in need of - principled justification. George Letsas argues that evolutive interpretation does not refer to how most European member States now understand their obligations under the Convention but to how they should understand them given the egalitarian values that they share. He defends the idea of an emerging consensus combined with a theory of autonomous concepts as a way to provide the appropriate authority for the Court to adopt an egalitarian theory of human rights. A Theory of Interpretation of the European Convention on Human Rights provides a philosophically informed study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-Americal legal, political and moral philosophy, the book also aims to provide a normative theory of the foundations of the ECHR rights.

The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus. Split into two distinct thematic parts, it first evaluates relevant frameworks of civil rights protection, with special attention on enforcement mechanisms and the role of civil society organisations. Next, it engages extensively with a series of individual rights connected to EU citizenship. Comprising detailed studies on access to nationality, the right to free movement, non-discrimination, family life, data protection and the freedom of expression, this book maps the expanding role of European law in the national sphere. It identifies a number of challenges to core civil rights that the current supranational framework is at pains to address. The contributors suggest and develop several new ideas on how to take the EU integration project forward. Civil Rights and EU Citizenship provides an innovative perspective on both the conceptual dimensions and the actual realities of rights-based citizenship which will be of interest to legal scholars, practitioners and policy-makers alike. Contributors include: S. Adamo, P.J. Blanco, S. de Vries, H. de Waele, T. Dudek, M.-P. Granger, K. Irion, A.E. Menendez, J. Morijn, P. Phoa, O. Salat, H. van Eijken, J.G. Vega

Since ratification of the First Amendment in the late eighteenth century, there has been a sea change in American life. When the amendment was ratified, individuals were almost completely free of unwanted speech; but today they are besieged by it. Indeed, the First Amendment has, for all practical purposes, been commandeered by the media to justify intrusions of offensive speech into private life.

In its application, the First Amendment has become one-sided. Even though America is virtually drowning in speech, the First Amendment only applies to the speaker's delivery of speech. Left out of consideration is the one participant in the communications process who is the most vulnerable and least protected--the helpless recipient of offensive speech. In "Rediscovering a Lost Freedom," Patrick Garry addresses what he sees as the most pressing speech problem of the twenty-first century: an often irresponsible media using the First Amendment as a shield behind which to hide its socially corrosive speech. To Garry, the First Amendment should protect the communicative process as a whole. And for this process to be free and open, listeners should have as much right to be free from unwanted speech as speakers do of not being thrown in jail for uttering unpopular ideas.

"Rediscovering a Lost Freedom" seeks to modernize the First Amendment. With other constitutional rights, changed circumstances have prompted changes in the law. Restrictions on political advertising seek to combat the perceived influences of big money; the Second Amendment right to bear arms, due to the prevalence of violence in America, has been curtailed; and the Equal Protection clause has been altered to permit affirmative action programs aimed at certain racial and ethnic groups. But when it comes to the flood of violent and vulgar media speech, there has been no change in First Amendment doctrines. This work proposes a government-facilitated private right to censor. "Rediscovering a Lost Freedom" will be of interest to students of American law, history, and the U.S. Constitution.

Applying appropriate legal rules to companies with as much consistency and as little consternation as possible remains a challenge for legal systems. One area causing concern is the availability of damages for non-pecuniary loss to companies, a disquiet that is rooted in the very nature of such damages and of companies themselves. In this book, Vanessa Wilcox presents a detailed examination of the extent to which damages for non-pecuniary loss can be properly awarded to companies. The book focusses on the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment. While the law must be adaptable, Wilcox concludes that considerations of coherency, certainty and ultimately justice dictate that the resulting rules should conform to certain core legal principles. This book lays the foundation for further comparative research into this topic and will be of interest to both the tort law and broader legal community.

How should international law approach the critical issue of movement of peoples in the 21st century? This book presents a radical reappraisal of this controversial problem. Challenging present-day ideas of restrictions on freedom of movement and the international structure that controls entry to states, it argues for a new blueprint for international migration policy that eliminates waste, aids both developing and developed societies and brings attendant benefits to voluntary migrants and involuntary refugees alike. In a world of increasing disorder, it is suggested that current policy only adds to international instability and threatens the interests of a functional global community.

'Revolutionises our understanding of the carceral state' - Fidelis Chebe, Director of Migrant Action During 2019-20 in England and Wales, over 17 million hours of labour were carried out by more than 12,500 people incarcerated in prisons, while many people in immigration removal centres also worked. In many cases, such workers constitute a sub-waged, captive workforce who are discarded by the state when done with. Work and the Carceral State examines these forms of work as part of a broader exploration of the relationship between criminalisation, criminal justice, immigration policy and labour, tracing their lineage through the histories of transportation and banishment, of houses of correction and prisons, to the contemporary production of work. Criminalisation has been used to enforce work and to discipline labour throughout the history of England and Wales. This book demands that we recognise the carceral state as operating at the frontier of labour control in the 21st century.

This well-researched book examines how the European Union could do more to ensure that EU-based multinational enterprises (MNEs) respect human rights when operating in third world countries. Alexandra Gatto identifies the primary obligations of MNEs as developed by international law, and investigates how the EU has promoted the respect of human rights obligations by the MNEs to date. The significant gap between the EU's commitment to the respect and promotion of human rights, the potential to regulate the conduct of MNEs, and the EU's reluctance to impose human rights obligations on MNEs, is thoroughly explored. It is suggested that the current human rights law should be developed, and this timely book recommends that the EU should firmly link the promotion of MNEs' human rights obligations to international human rights law, thereby supporting the constitution of an international law framework within the UN. Multinational Enterprises and Human Rights will be of very great interest to scholars of EU or International Human Rights as well as NGOs and policy makers in international organizations and corporations that support corporate social responsibility and human rights. Contents: Introduction Part I: Multinational Enterprises and Human Rights: The International Legal Framework 1. Theoretical Framework 2. Multinational Enterprises as Addresses of International Law 3. MNEs and International Human Rights Law Part II: MNEs and Human Rights in the European Union 4. Multinational Enterprises in the Present European Union System and the Emergence of Corporate Social Responsibility 5. Internal Measures Addressed to MNEs 6. External Measures Addressed to MNEs Part III: MNEs and Human Rights in the External Relations of the European Union 7. The External Relations of the European Union, MNEs and Human Rights 8. Measures Addressed to Host States in the Development and Cooperation of the European Union 9. Measures Addressed to Host States in the Common Commercial Policy of the European Union Part IV: General Conclusions 10. Conclusions Bibliography Index

A collection of papers incorporating critical perspectives in the development of asylum law with as focus on European and UK developments. Incorporating international human rights law and comparative law perspectives. Issues covered range from law-making at the EU level, with a particular focus on extra-territorial processing of refugees claims, asylum procedures, family members of those in need of protection, welfare benefits and impact of national level on the reception of EU norms. Domestic and comparative perspectives offered include discussions on detention, judicial decision making, appeal rights, claims processing with particular reference to the role of interpreters and developments in Australia which have provided a model of thought worthy of emulation in the UK.

The Data Protection and Medical Research in Europe: PRIVIREAL series represents the results of this EC-funded project examining the implementation of Directive 95/46/EC on data protection in relation to medical research and the role of ethics committees in European countries. The series consists of five separate volumes following the complete development of the PRIVIREAL project. This volume relates to the second stage of this project and is concerned with the setting up and role of research ethics committees. It assesses their legal responsibilities, especially with regard to data protection matters and contains reports from more than 20 European countries on these issues. Focusing on the theoretical role and practical operation of research ethics committees and the impact of relevant international and national instruments, this volume will be an essential resource for all those concerned with data protection issues in medical research.

This book examines the changing demographic situation of Syrian refugees and the host community in Turkey, one of the major refugee hosting countries in the world, relying on a recent representative dataset. Conflicts and the resulting unrest force people to flee their countries and take refuge in foreign lands. Such refugee movements across the world have increased significantly in recent times. Turkey accounts for the greatest refugee population in the world today. This has drastically impacted the Turkish demographics, leading to different demographic situations in refugee communities in the country. This book presents an in-depth research on the impact of forced displacement on the demographic behaviour of Syrian refugees in Turkey in general, and more specifically the way transformed family structures, unregistered children, fertility behaviours and early marriages impacted their lives. The book also contributes to the existing knowledge and discourse on refugee integration by shedding light on their experiences related to access to labour market opportunities and education opportunities, wellbeing and mobility. It also helps in linking demography of Syrian community to the socio-economic challenges in Turkey by means of incorporating crucial demographic variables into the analysis. Offering valuable insights into various dimensions of life, this book has an interdisciplinary appeal and will thus be a key resource for academics and scholars of demography, refugee studies, migration studies and sociology. It will also be a valuable and unique reference work for people in governments, international agencies and non-governmental organizations.

This book challenges the common European notions about African migration to Europe and offers a holistic understanding of the current situation in Africa. It advocates a need to rethink Africa-Europe relations and view migration and borders as a resource rather than sources of a crisis. Migrant movement from Africa is often misunderstood and misrepresented as invasion caused by displacement due to poverty, violent conflict and environmental stress. To control this movement and preserve national identities, the EU and its various member states resort to closing borders as a way of reinforcing their migration policies. This book aims to dismantle this stereotypical view of migration from Africa by sharing cutting-edge research from the leading scholars in Africa and Europe. It refutes the flawed narratives that position Africa as a threat to the European societies, their economies and security, and encourages a nuanced understanding of the root causes as well as the socioeconomic factors that guide the migrants' decision-making. With chapters written in a concise style, this book brings together the migration and border studies in an innovative way to delve into the broader societal impacts of both. It also serves to de-silence the African voices in order to offer fresh insights on African migration - a discourse dominated hitherto by the European perspective. This book constitutes a valuable resource for research scholars and students of Border Studies, Migration Studies, Conflict and Security Studies, and Development Studies seeking specialisation in these areas. Written in an accessible style, it will also appeal to a more general public interested in gaining a fuller perspective on the African reality.

Fifty years after the event, here is the first full account of an audacious publishing decision that - with the help of booksellers and readers around the country - forced the end of literary censorship in Australia. For more than seventy years, a succession of politicians, judges, and government officials in Australia worked in the shadows to enforce one of the most pervasive and conservative regimes of censorship in the world. The goal was simple: to keep Australia free of the moral contamination of impure literature. Under the censorship regime, books that might damage the morals of the Australian public were banned, seized, and burned; bookstores were raided; publishers were fined; and writers were charged and even jailed. But in the 1970s, that all changed. In 1970, in great secrecy and at considerable risk, Penguin Books Australia resolved to publish Portnoy's Complaint - Philip Roth's frank, funny, and profane bestseller about a boy hung up about his mother and his penis. In doing so, Penguin spurred a direct confrontation with the censorship authorities, which culminated in criminal charges, police raids, and an unprecedented series of court trials across the country. Sweeping from the cabinet room to the courtroom, The Trials of Portnoy draws on archival records and new interviews to show how Penguin and a band of writers, booksellers, academics, and lawyers determinedly sought for Australians the freedom to read what they wished - and how, in defeating the forces arrayed before them, they reshaped Australian literature and culture forever.

This book examines the link between refugee protection, duration of risk and residency rights. It focuses on two main issues of importance to current state practice: the use of temporary forms of refugee status and residency and the legal criteria for cessation of refugee status under Article 1C(5) of the 1951 Refugee Convention. In analysing this issue, this book canvasses debates which are pertinent to many other contentious areas of refugee law, including the relationship between the refugee definition and complementary protection, application of the Refugee Convention in situations of armed conflict, and the role of non-state bodies as actors of protection. It also illustrates some of the central problems with the way in which the 1951 Refugee Convention is implemented domestically in key asylum host states. The arguments put forward in this book have particular significance for the return of asylum seekers and refugees to situations of ongoing conflict and post-conflict situations and is therefore highly pertinent to the future development of international refugee law.