This book delivers an original, theoretically informed analysis of the legal regulation of online speech. Rejecting the narrow pluralism of elitist and deliberative accounts of the citizen's role in political discourse, the book defends a participatory account of speech in non-deliberative settings. The latter account of political pluralism best captures the republican democratic aspiration for popular, on-going authorship of the laws and the centrality of freedom to dissent in democratic theory. The legal and policy implications for governments and social media platforms of this inclusive envisioning of public discourse are then elaborated upon. In the digital world, anyone with access to the internet can be a speaker. Speech on public platforms has become democratised. At the same time, aspects of online speech are plainly problematic. Concerns exist about disinformation, 'fake news', 'deep fakes', 'weaponised speech' and 'trolls'. Offensive speech and the polarising effects of robustly expressed political opinion are also troublesome. These assorted downsides of democratised speech are said to undermine the integrity of democratic processes and institutions. Public debate is distorted and coarsened and the electorate are misled. How ought the liberal democratic state respond to these challenges? The discussion is intended to be read by academics and researchers with interests in democratic theory, digital communications and freedom of expression. It offers a stimulating and distinctive contribution to debates about online speech.

Focusing on the lived experience of immigration policy and processes, this volume provides fascinating insights into the deportation process as it is felt and understood by those subjected to it. The author presents a rich and innovative ethnography of deportation and deportability experienced by migrants convicted of criminal offenses in England and Wales. The unique perspectives developed here - on due process in immigration appeals, migrant surveillance and control, social relations and sense of self, and compliance and resistance - are important for broader understandings of border control policy and human rights.

The UK is going through a period of unprecedented constitutional change. There is much unfinished business, and further changes still to come. Where are these changes taking us? In this book, leading political scientists and lawyers forecast the impact of these changes on the UK's key institutions and the constitution as a whole.

This edited book focuses on the most controversial aspects of assistance benefits as mandated by the Brazilian Constitution of 1988 - and the challenges that have merged since the approval, in 1993, of the Federal Act 8.742, also known as Organic Law of Social Assistance. This collection of essays allows the reader to understand some important changes in social assistance policies in Brazil in recent years, having the General Theory of Social Security and the Human Rights as references. The tensions between economic principles and affirmative policies for the less advantaged parts of the society are also covered, showing how different interpretations of key concepts - like need, poverty or family - may have an important role on the exercise of fundamental rights.

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

American constitutionalism remains this country's greatest contribution to human freedom. The ideas and ideals expressed in the U.S. Constitution and related documents, and the institutions developed in them have influenced different people in different lands over the past two hundred years. In American Constitutionalism Abroad, six distinguished historians, political scientists, and international law experts, discuss American constitutionalism in various regions of the world at different times, and within different contexts. In terms of time and space, the influence of American constitutionalism is demonstrated in Europe between 1776 and 1848; Latin America during the nineteenth century; Asia in the twentieth century; and Germany in 1949 and France in 1958. One essay shows how the legacy of American constitutionalism was expressed in parallel movements in the nineteenth century to create a peaceful, liberal world order based on a proposed international legal code. By tracing the influence of the documents, procedures, and institutions that came into being within the United States during the founding period from 1776 to 1791, and by analyzing how they were received and perceived by constitutionmakers in other countries, it is possible to follow the spread of American constitutionalism through various parts of the world over time. By focusing on the influence of American constitutionalism abroad, this book breaks exciting new ground in the study of the Constitution. This work will appeal not only to American and legal historians, but to political scientists as well.

This book seeks to enrich and refine global administrative law and EU administrative law analytical tools by examining their manifold relations. Its aim is to begin to explore the complex reality of the interactions between EU administrative law and global administrative law, to provide a preliminary map of such legal and institutional reality, and to review it. The book is the first attempt to analyze a dense area of new legal issues. The first part of the book contains core elements of a general theory of the relationships between global and EU administrative law: comparative inquiries, exchanges of legal principles, and developing linkages. The second part is devoted to special regulatory regimes, in which global and European law coexist, though not always peacefully. Several sectors are considered: cultural heritage, medicines, climate change, antitrust, accounting and auditing, banking supervision, and public procurement.

The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law-making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.

This work examines all the aspects of the Full Faith and Credit Clause and its importance in the development of United States law. It begins with the birth of the clause and the history underlying its adoption. This includes discussions held at the Constitutional Convention and the early judicial interpretations of the clause. The book looks separately at the individual components that embody the clause--those that deal with records, public acts, and judicial proceedings. The book also zeroes in on the relationship between the clause and the issues of family law. It covers marriage, divorce, support, and child custody, all issues that have demanded serious attention in recent years.

"Well-written, concise and comprehensive.... should be welcomed with gratitude by everyone interested in drafting a better understanding of the role of judicial review in the American political system". -- Law Books in Review

This is the first reference series that makes understanding civil liberties and constitutional law completely accessible to the layperson. The author expertly guides readers through actual cases decided by the Supreme Court in four key areas of the U.S. Constitution. Each volume features an overview of court decisions by both the agreeing and dissenting justices, plus
-- a glossary of legal terms
-- a thorough, research-oriented index
-- a copy of the U.S. Constitution
-- publications recommended for further reading

Although social legislation in the United States is always in the tradition of social reform rather than fundamental social change, the 1960s are considered a progressive period because of the union of government and societal obligations; class consciousness was aroused, and the redistribution of power and resources were salient issues. In Civil Rights and the Social Programs of the 1960s, Marcia Bok describes the background, analyzes the process of decision making, and traces the passage of selected landmark decisions of the 1960s. She tracks the changes that have occurred in this legislation in the last two decades, and discusses the current and possible future status of social policies and programs.

The legislation examined is chosen for its diversity and reflection of Great Society programs, and includes: The Civil Rights Act, 1964; The Community Mental Health Centers Act, 1963; The Economic Opportunity Act, 1964; Medicare and Medicaid, 1965; and Head Start, 1965. Bok considers the concepts of equality and social justice as the bases for the social legislation discussed, and includes analysis of historical, political, and legal aspects of the civil rights movement and concurrent events.

Constitutional theory, Earl Maltz argues, has reached a critical impasse marked by a largely unproductive stalemate between originalists and nonoriginalists regarding the proper role of judicial review. It's time, he says, for both sides to rethink their positions if any hope for a more viable model of judicial review is to be realized. This book is his answer to the dilemma.

Maltz reorients the debate between originalists (those who believe that judges should be bound by the original understanding in constitutional adjudication) and nonoriginalists (those who believe the original understanding should not be binding). Advocates of both sides, he shows, generally proceed from three misguided premises: that originalism is linked to both judicial deference and political conservatism; that originalism is the sole alternative to some less deferential approach to judicial review; and that the question of "legitimacy" is the central unresolved issue facing nonoriginalist theorists. This book challenges each of these premises.

Maltz's contribution is threefold. First, going beyond the influential writings of authors such as Raoul Berger and Robert Bork, he reformulates the justification for originalist review and refines originalist theory itself. Second, he argues that a pure originalist approach mandates excessive judicial intervention under the Constitution; as he points out, the same argument that justifies interventionism in individual rights cases might also require the court to limit sharply the power of the federal government to regulate the economy. Third, he shows that--even leaving aside problems of legitimacy--most nonoriginalist theorists have failed to provide a sufficient functional justification for nonoriginalist intervention.

Based on empirical investigation and an interdisciplinary approach, this book offers a crucial theoretical work on China's basic-level judicial system and a masterpiece by Professor Suli Zhu, a prominent jurist on modern China. Its primary goal is to identify issues - ones that can only be effectively sensed and raised by China's jurists because of their unique circumstances and cultural background - that are of practical significance in China's basic-level judicial system, and of theoretical significance to juristic systems in general. Divided into four parts, the book begins with a discussion of the systematic and theoretical problems in China's basic-level judicial system at the macro-, meso- and micro- scale. In the second part, it examines the technology and knowledge to be found in the basic-level judicial system, so as to make the traditionally "invisible" technology and knowledge of trial judges available for general theoretical analyses. The third part focuses on the judge and other legal personnel in the judicial system, while the last part discusses the value of legal sociology surveys as powerful resources. This book not only presents essential features of China's judicial system by precisely describing key issues in its basic-level judicial system, but also offers well-founded content that accentuates the significance of social management innovation.

This up-to-date collection of essays addresses key elements of the law and politics of voting rights: the Supreme Court's jurisprudence, the impact of the Voting Rights Act, and the opportunities for enhanced minority representation posed by alternative electoral systems. This volume, comprised of contributions by leading legal and political science practitioners in the field of voting rights, will be a valuable resource to experienced researchers and newcomers to the field. It includes current assessments of the intricacies of the Supreme Court's decisions, current research on the impact of the the Voting Rights Act on the various minority groups it purports to assist, and critical analysis of the use of alternative electoral systems.

Students learn about the Establishment Clause and the Free Exercise Clause of the First Amendment and discover how just 16 words in the U.S. Constitution inaugurated a debate that continues to this day. The author objectively follows the debate in relation to prayer in public schools, government support for religious schools, the right to speak and raise money for religious causes, when religion conflicts with the law, and where this issue stands today.

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

This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.

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

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