The First Amendment is perhaps the most important - and most debated - amendment in the US Constitution. It establishes freedom of speech, as well as that of religion, the press, peaceable assembly and the right to petition the government. But how has the interpretation of this amendment evolved? Milton Cantor explores America's political response to the challenges of social unrest and how it shaped the meaning of the First Amendment throughout the twentieth century. This multi-layered study of dissent in the United States from the early 1900s through the 1970s describes how Congress and the law dealt with anarchists, syndicalists, socialists, and militant labor groups, as well as communists and left-of-center liberals. Cantor describes these organizations' practices, policies, and policy shifts against the troubled background of war and overseas affairs. The volume chronologically explores each new challenge - both events and legislation - for the First Amendment and how the public and branches of government reacted. The meaning of the First Amendment was defined in the crucible of threats to national security. Some perceived threats were wartime events; the First World War instigated awareness of civil liberties, but in those times, security trumped liberty. In the peace that followed, efforts to curtail speech continued to prevail. Cantor analyzes the decades-long divisiveness regarding First Amendment decisions in the Supreme Court, coming down squarely in criticism of those who have argued for greater government control over speech.

Key Facts Key Cases Constitutional and Administrative Law will ensure you grasp the main concepts of your Constitutional and Administrative Law module with ease. This book explains the facts and associated case law for: - The European Court of Human Rights and the UK Supreme Court - Devolution - Human rights law - EU membership - International law in the UK Constitution Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear recall of the essential points charts and tables to break down more complex information Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. Essential and leading cases are explained The style, layout and explanations are user friendly Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition

First Published in 1998. Weisberg provides a comprehensive account of the French legal system's complicity with its German occupiers during the dark period known as 'Vichy'. Drawing on archival sources, personal interviews, and historical research, this book reveals how legalized persecution operated on a practical level, often exceeding German expectations. All while comparing the Vichy experience to American legal precedents and practices, opening the possibility that postmodern modes of thinking ironically adopt the complexity of Vichy reasoning to a host of reading and thinking strategies.

Legal scholars, economists, and international development practitioners often assume that the state is capable of 'securing' rights to land and addressing gender inequality in land tenure. In this innovative study of land tenure in Solomon Islands, Rebecca Monson challenges these assumptions. Monson demonstrates that territorial disputes have given rise to a legal system characterised by state law, custom, and Christianity, and that the legal construction and regulation of property has, in fact, deepened gender inequalities and other forms of social difference. These processes have concentrated formal land control in the hands of a small number of men leaders, and reproduced the state as a hypermasculine domain, with significant implications for public authority, political participation, and state formation. Drawing insights from legal scholarship and political ecology in particular, this book offers a significant study of gender and legal pluralism in the Pacific, illuminating ongoing global debates about gender inequality, land tenure, ethnoterritorial struggles and the post colonial state.

Here We Are is a heart-wrenching memoir about an immigrant family's American Dream, the justice system that took it away, and the daughter who fought to get it back, from NPR correspondent Aarti Namdev Shahani. The Shahanis came to Queens--from India, by way of Casablanca--in the 1980s. They were undocumented for a few unsteady years and then, with the arrival of their green cards, they thought they'd made it. This is the story of how they did, and didn't; the unforeseen obstacles that propelled them into years of disillusionment and heartbreak; and the strength of a family determined to stay together. Here We Are: American Dreams, American Nightmares follows the lives of Aarti, the precocious scholarship kid at one of Manhattan's most elite prep schools, and her dad, the shopkeeper who mistakenly sells watches and calculators to the notorious Cali drug cartel. Together, the two represent the extremes that coexist in our country, even within a single family, and a truth about immigrants that gets lost in the headlines. It isn't a matter of good or evil; it's complicated. Ultimately, Here We Are is a coming-of-age story, a love letter from an outspoken modern daughter to her soft-spoken Old World father. She never expected they'd become best friends.

Key Cases is the essential series for anyone studying law, including A Level, LLB, ILEX and post-graduate conversion courses. Understanding and memorising leading cases fully is a vital part of the study of law - the clear format, style and explanations of Key Cases will ensure you achieve this. Key Cases provides the simplest and most effective way for you to memorise and absorb the essential cases needed to pass your exams. Key Features: * All essential and leading cases explained * User-friendly layout and style * Cases broken down into key components by use of a clear symbol system Additional high-quality revision material is provided on the interactive website: www.unlockingthelaw.co.uk

The central concern of this book is to find answers to fundamental questions about the British asylum system and how it operates. Based on ethnographic research over a two-year period, the work follows and analyses numerous asylum appeals through the British courts. It draws on myriad interviews with individuals and a thorough examination of many state and non-state organizations to understand how the system works. While the organization of the book reflects the formal asylum process, a focus on specific legal appeals reveals the 'political' factors at play as different institutions and actors seek to influence judicial decision-making and overturn/uphold official asylum policy. The final chapter draws on the author's ethnographic findings of the UK's 'asylum field' to re-examine research on the Refugee Determination System in the US, Canada and Australia which has narrowly focused on judicial decision-making. It argues that analysis of Refugee Determination Systems must be situated and studied as part of a wider, political, semi-autonomous 'asylum field' which needs to be better understood. Providing an in-depth ethnographic study of a national asylum system and of immigration law and practice, the book will be an invaluable resource for academics, researchers and policy-makers in the UK and beyond working in this highly topical area.

This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court's decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I-V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court's reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices' judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.

An academic, legal text that places moral and political philosophy at the centre of certain legal debates. In this book, Professor Meyerson specifically investigates the "Limitation Clause" in the South African Constitution, a clause that leaves open the possibility of limits to the Bill of Rights and certain entrenched "freedoms". Through discussions regarding the Freedoms of Expression and Religion, this book aims to play a role in defining, expanding and challenging the South African Constitution.

The Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details using diagrams and tables throughout to demonstrate how the law fits together Contextualise your knowledge identifying and explaining how to apply legal principles for important cases providing cross-references and further reading to help you aim higher in essays and exams Avoid common misunderstandings and errors identifying common pitfalls students encounter in class and in assessment Reflect critically on the law identifying contentious areas that are up for debate and on which you will need to form an opinion Apply what you have learned in assessment presenting learning objectives that reflect typical assessment criteria providing sample essay and exam questions, supported by end-of chapter feedback The series is also supported by comprehensive online resources that allow you to track your progress during the run-up to exams.

Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book's core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.

The Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details using diagrams and tables throughout to demonstrate how the law fits together Contextualise your knowledge identifying and explaining how to apply legal principles for important cases providing cross-references and further reading to help you aim higher in essays and exams Avoid common misunderstandings and errors identifying common pitfalls students encounter in class and in assessment Reflect critically on the law identifying contentious areas that are up for debate and on which you will need to form an opinion Apply what you have learned in assessment presenting learning objectives that reflect typical assessment criteria providing sample essay and exam questions, supported by end-of chapter feedback The series is also supported by comprehensive online resources that allow you to track your progress during the run-up to exams.

This book interweaves an authoritative authorial commentary - significantly expanded from the last edition - with extracts from a diverse and contemporary collection of cases and materials from three leading academics in the field. It provides an all-encompassing student guide to constitutional, administrative and UK human rights law. This fourth edition provides comprehensive coverage of all recent developments, including the Fixed Term Parliaments Act 2011, restrictions on judicial review (Criminal Justice and Courts Act 2015), changes to judicial appointments (Crime and Courts Act 2013), the 2014 Scottish Independence Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent devolution cases in the Supreme Court, including Imperial Tobacco (2012) and Asbestos Diseases (2015) are fully analysed, as is the 2015 introduction of English Votes for English Laws. The remarkable Evans (2015) 'Black Spider memos' case is considered in a number of chapters. The common law rights resurgence seen in Osborn (2013), BBC (2014) and Kennedy (2014) is analysed in several places, along with other key developments in judicial review such as Keyu (2015) and Pham (2015). Ongoing parliamentary reform in both Lords and Commons, including major advances in controlling prerogative powers, are fully explained, as is the adaptation of the core Executive to Coalition Government (2010-2015). There is comprehensive coverage of key Strasbourg and HRA cases (Horncastle (2010), Nicklinson (2014), Moohan (2014), Carlile (2014)), and those in core areas of freedom of expression, police powers and public order (Animal Defenders (2013), Beghal (2015), Roberts (2015), Miranda (2016)) and the prisoners' voting rights saga, up to Chester (2015).

This work remains of interest to anyone concerned with Britain's political institutions and how they might be reformed. Laski was strongly in favour of utilising Britain's capacity for decisive government to drive through great social reforms. He was still confident that there was a majority will for such change and quite unable to imagine the kind of centralisation that was later to take place in the UK. If Laski is still important it is more for his pluralist view which counsel against such developments, but these lectures are still of interest in showing how a radical reformer could accept and defend established institutions like the House of Commons.

The law relating to the British constitution is both complex and far-reaching, with future reforms having an increasing effect on every person living in Britain. This book aims to promote better understanding of a complex subject and to cover administrative law and judicial review.

The involvement of Vichy France with Nazi Germany's anti-Jewish policy has long been a source of debate and contention. At a time when France, after decades of denial, has finally acknowledged responsibility for its role in the deportation and murder of 75,000 Jews from France during the Holocaust, Richard H. Weisberg here provides us with a comprehensive and devastating account of the French legal system's complicity with its German occupiers during the dark period known as 'Vichy'.
As in Germany, the exclusionary laws passed during the Vichy period normalized institutional antisemitism. Anti-Jewish laws entered the legal canon with little resistance, and private lawyers quickly absorbed the discourse of exclusion into the conventional legal framework, expanding the laws beyond their simple intentions, their literal sense, and even their German precedents.
Drawing on newly-available archival sources, personal interviews, and historical research, Weisberg reveals how legalized persecution actually operated on a practical level, often exceeding German expectations. Further, he presents a persuasive argument for Vichy law as an acquired Catholic response to a flase notion of Jewish Talmudism. The book also compares Vichy experience to American legal precedents and practices and opens up the possibility that postmodern modes of thinking ironically adopt the complexity of Vichy reasoning to a host of reading and thinking strategies.
Vichy Law and the Holocaust in France raises fundamental and disturbing questions about the ease with which democratic legal systems can be subverted.

The Mental Capacity Act (2005) regulates decision making processes on behalf of adults who are unable to give informed consent, due to a loss in mental capacity (be that from birth, or due to an illness or injury at some point in their lives). Since the Act s original conception the new Court of Protection is now firmly established, and there have been significant Supreme Court cases, as well as further guidance on the 2005 Act and major developments in the use and assessment for Deprivation of Liberty Safeguards. Thoroughly updated to take account of the many updates, developments and changes in legislation and guidance, the new edition of Dimond s authoritative guide will be warmly welcome by practitioners and students who need to understand and work within the Mental Capacity Act, and how it applies to their professional responsibilities. * A highly practical guide to the Mental Capacity Act and its provisions since its conception in 2005 * Relevant for a wide range of practitioners and students within health and social care * Highly readable and easily accessible, even for those with no legal background * Includes a range of learning features, including scenarios, questions and answers, key summary points, and applications for practice. Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, students patient services managers and carers working with those who lack the capacity to make their own decisions.

This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court's decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I-V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court's reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices' judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.

The book contributes to understanding the role of religion in the development of democracy in Indonesia - the world's largest Muslim nation.

This book considers institutional racism as a problem that exists within modern societies. Its roots lie with the transatlantic slave trade and slavery and the solution involves ridding society of the problem. It is argued here that, first, there needs to be an acceptance of its existence, then developing the tools needed to deal with it and, finally, to implement those tools so that institutional racism can be permanently removed from society. The book has four themes: the first considers the nature of institutional racism, the second theme looks at instances of institutional racism through matters such as deaths in custody and skin lightening, the third considers the concept of reparations and the final area looks at the development of social movements as a way of pushing institutional racism up the political agenda. The development of a social movement is part of a social discourse which would, for example, push mentoring as a form of reparations. There is a need for more research on the manifestations of institutional racism and this book is part of that discourse. It is argued that the legacy of the slave trade and slavery is continuing and contemporary through the presence of institutional racism in society. This problem has not been addressed through legislation and policies devised to combat racial discrimination. Institutional racism needs to be understood as being located in the processes and procedures of societal institutions.

American Constitutional Law 11e, Volume I provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The 11th Edition has been fully revised to include several new cases, including Trump v. Hawaii (2018), in which Chief Justice Roberts held that Korematsu v. United States "has been overruled in the court of history"; Murphy v. National Collegiate Athletic Association (2018), in which Justice Alito's majority opinion provides the most compelling argument to date against federal commandeering of state officials; and Sveen v. Melin (2018), a Contract Clause case that shows the Court's continuing refusal to give a textualist reading of that provision, even in the face of Justice Gorsuch's compelling and amusing dissent. A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.

This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that, due to their complementary and autonomous function, the general principles still play a key role in the protection of fundamental rights within the EU despite the binding force of the Charter. Analysis throughout the book shows that the role of general principles concerning fundamental rights is particularly evident when they reflect the specificities of the EU legal system, and contribute to ensuring its autonomy. These conclusions are supported through a comprehensive review of the relevant case law of the European Court of Justice in the field of fundamental rights protection. A particular focus is placed on convergences and discrepancies with respect to the jurisprudence of the European Court of Human Rights. This work will be of great interest to scholars who are researching the protection of fundamental rights within the legal order of the EU. Human rights lawyers will also find this a compelling text.

Technology has attracted an increasing level of attention within studies of disability and disability rights. Many researchers and advocates have maintained skepticism towards technology out of the fear that technology becomes another way to 'fix' impairments. These skeptical views, however, contrast with a more positive approach towards the role that technology can play in eliminating barriers to social participation. Legal scholarship has started to focus on accessibility and accessible technology and in conjunction with the recently adopted United Nations Convention on the Rights of Persons with Disabilities has put a great emphasis on accessibility, highlighting the role that accessible technology plays in the promotion and protection of the rights of people with disabilities. Against this background, this book gathers together different contributions that focus on enhancing the production, marketing and use of accessible technology. Building upon previous academic studies and in light of the UNCRPD, accessible technology is considered a tool to increase autonomy and participation. Overall, this book attempts to show, through a multifaceted and inter-disciplinary analysis, that different regulatory approaches might enhance accessible technology and its availability. This title was previously published as a special issue of the International Review of Law, Computers & Technology.

Whether you're new to higher education, coming to legal study for the first time or just wondering what Constitutional Law is all about, Beginning Constitutional Law is the ideal introduction to help you hit the ground running. Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary avaliable on the companion website, Nick Howard breaks the subject of constitutional law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained, and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence. This second edition has been updated to keep up to date with developments both before and after the 2015 General Election as well as ongoing proposals for reform, including: * The referendum on independence for Scotland, increased devolved powers and the continued threat of the break-up of the Union. * Proposals to repeal the Human Rights Act 1998 and replace it with a British Bill of Rights. * The in/out referendum on EU membership. * Reform of the role and composition of the House of Lords. Beginning Constitutional Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.

In the spirit of the time, the Civil Rights Act of 1964 and the Voting Rights Act of 1965 called for nondiscrimination for American citizens, seeking equality without regard for race, color, or creed. After the mid-1960s, to make amends for wrongs of the past, some people called for benign discrimination to give blacks a special boost. In business and government this could be accomplished through racial preferences or quotas; in public education, by considering race when assigning students to schools. By 1980 this course reached a crossroads. Raymond Wolters maintains that Ronald Reagan and William Bradford Reynolds made the "right turn" when they questioned and limited the use of racial considerations in drawing electoral boundaries. He also documents the Reagan administration's considerable success in reinforcing within the country, and reviving within the judiciary, the conviction that every person black or white should be considered an individual with unique talents and inalienable rights. This book begins with a biographical chapter on William Bradford Reynolds, the Assistant Attorney General who was the principal architect of Reagan's civil rights policies. It then analyzes three main civil rights issues: voting rights, affirmative action, and school desegregation. Wolters describes specific cases: at-large elections and minority vote dilutions; congressional districting in New Orleans; legislative districting in North Carolina; the debates over the Civil Rights Act of 1964; social science critiques of affirmative action; the question of quotas; and school desegregation and forced busing. Because Ronald Reagan and William Bradford Reynolds were men of the right, and because most journalists and historians are on the left, Wolters feels the "people of words" have dealt harshly with the Reagan administration. In writing this book, he hopes to correct the record on a subject that has been badly represented. Wolters points out that, beginning in the 1980s and continuing in the 1990s, the Supreme Court endorsed the legal arguments that Reagan's lawyers developed in the fields of voting rights, affirmative action, and school desegregation. In "Right Turn," Wolters responds to those who claimed that Reagan and Reynolds were racists who wanted to turn back the clock on civil rights, and he describes civil rights cases and controversies in a way that is comprehensible to general readers as well as to lawyers and historians.