The business and human rights field is burgeoning, and this volume makes a significant contribution by drawing business law scholars into related debates. Rich in empirical detail, individual chapters analyze the challenges faced both at the firm-level and from the perspective of affected stakeholders across a range of sectors and issue areas. Highly recommended.' - Shareen Hertel, University of Connecticut, USMultinational corporations have the potential to bring economic and social benefits to emerging economies, but also social and political upheaval that can suppress fundamental human rights. This book synthesizes views from multinational corporations and civil society groups to find areas of common ground and raise issues of future potential conflict. The authors draw on their academic specializations in business and law to examine important human rights questions from legal, ethical, and business perspectives. The first part of the book focuses on the role of the multinational corporation in respecting human rights. It follows with an examination of the rights of vulnerable stakeholders and their erosion via direct or indirect corporate activity. Integrating John Ruggie's 'Protect, Respect, and Remedy' framework and the UN's 'Guiding Principles of Business and Human Rights', this book expands upon initial dialogue on the role of business in international human rights at this vital moment in history. Law, Business and Human Rights provides unity in a broad range of issues from a variety of perspectives that should interest scholars, teachers, students, and practitioners alike. Contributors: R.C. Bird, N. Bishara, D.R. Cahoy, L.J. Dhooge, D. Hess, J.S. Hiller, S.S. Hiller, R. Mares,K. McGarry, D. Orozco, M.A. Pagnattaro, S.K. Park, L.Pierre-Louis, J.D. Prenkert

Emerging neurotechnology offers increasingly individualised brain information, enabling researchers to identify mental states and content. When accurate and valid, these brain-reading technologies also provide data that could be useful in criminal legal procedures, such as memory detection with EEG and the prediction of recidivism with fMRI. Yet, unlike in medicine, individuals involved in criminal cases will often be reluctant to undergo brain-reading procedures. This raises the question of whether coercive brain-reading could be permissible in criminal law. Coercive Brain-Reading in Criminal Justice examines this question in view of European human rights: the prohibition of ill-treatment, the right to privacy, freedom of thought, freedom of expression, and the privilege against self-incrimination. The book argues that, at present, the established framework of human rights does not exclude coercive brain-reading. It does, however, delimit the permissible use of forensic brain-reading without valid consent. This cautionary, cutting-edge book lays a crucial foundation for understanding the future of criminal legal proceedings in a world of ever-advancing neurotechnology.

People seeking asylum face unique challenges and frequently experience mental health problems. Effective support requires an understanding of their mental health needs in the broader context of their lives, cultures and extreme experiences. This book provides practical guidance for professionals and services working with people seeking asylum in mental health, social care, legal, government. managerial and commissioning roles. With authors from a wide range of professional backgrounds, the book is enriched by accounts from people with first hand experience of the asylum system itself. It considers the challenges and dilemmas faced by all involved, including clients, clinicians and service planners, with a wealth of practical information about how to assess and understand strengths and needs, avoid inappropriate conclusions and discrimination, consider treatment options, and write records and reports. The authors emphasise that effective support depends on reflection, humanity and compassion. The book is a must-have resource for professionals working with those who have to seek asylum.

Binding Men tells stories about men, violence and law in late Victorian England. It does so by focusing upon five important legal cases, all of which were binding not only upon the males involved but also upon future courts and the men who appeared before them. The subject matter of Prince (1875), Coney (1882), Dudley and Stephens (1884), Clarence (1888) and Jackson (1891) ranged from child abduction, prize-fighting, murder and cannibalism to transmitting gonorrhoea and the capture and imprisonment of a wife by her husband. Each case has its own chapter, depicting the events which led the protagonists into the courtroom, the legal outcome and the judicial pronouncements made to justify this, as well as exploring the broader setting in which the proceedings took place. In so doing, Binding Men describes how a particular case can be seen as being a part of attempts to legally limit male behaviour. The book is essential reading for scholars and students of crime, criminal law, violence, and gender. It will be of interest to those working on the use of narrative in academic writing as well as legal methods. Binding Men's subject matter and accessible style also make it a must for those with a general interest in crime, history and, in particular, male criminality.

In Malone v. UK (Plenary 1984), the right to an effective domestic remedy in the European Convention on Human Rights Article 13 was famously described as one of the most obscure clauses in the Convention. Since then, the European Court of Human Rights has reinforced the scope and application of the right. Through an analysis of virtually all of the Court's judgments concerning Article 13, the book exhaustively accounts for the development and current scope and content of the right. The book also provides normative recommendations on how the Court could further develop the right, most notably how it could be a tool to regulate the relationship between domestic and international protection of human rights. In doing so, the book situates itself within larger debates on the enforcement of the entire Convention such as the principle of subsidiarity and the procedural turn in the Court's case law.

The growing field of urban law demands a collaborative scholarly focus on comparative and global perspectives. This volume offers diverse insights into urban law, with emerging theories and analyses of topics ranging from criminal reform and urban housing, to social and economic inequality and financial crises, and democratization and freedom for individual identity and space. Particularly now, social, economic, and cultural issues must be closely examined in conjunction with the rule of law not only to address inadequate access to basic services, but also to construct long-term plans for our cities and our world-a bright, safe future.

Political institutions are the main subject of political theory-or they ought to be. Making the case with his trademark forcefulness and intellectual aplomb, Jeremy Waldron argues in favor of reorienting the theory of politics toward the institutions and institutional principles of modern democracy and the mechanisms through which democratic ideals are achieved. Too many political theorists are preoccupied with analyzing the nature and importance of justice, liberty, and equality, at the cost of ignoring the governmental institutions needed to achieve them. By contrast, political scientists have kept institutions in view, but they deploy a meager set of value-conceptions in evaluating them. Reflecting on an array of issues about constitutional structure, Waldron considers the uses and abuses of diverse institutions and traditions, from separation of powers and bicameralism to judicial review of legislation, the principle of loyal opposition, the nature of representation, political accountability, and the rule of law. He refines his well-known argument about the undemocratic character of judicial review, providing a capacious perspective on the proper role of courts in a constitutional democracy, and he offers an illuminating critique of the contrasting political philosophies of Hannah Arendt and Isaiah Berlin. Even if political theorists remain fixated on expounding the philosophical foundations of democracy, they need to complement their work with a firmer grasp of the structures through which democracy is realized. This is what political political theory means: theory addressing itself to the way political institutions frame political disagreements and orchestrate resolutions to our disputes over social ideals.

Examines how political parties navigate major election reforms by comparing electoral system changes in Russia and Ukraine at the same time, under different regimes In Party Politics in Russia and Ukraine, Bryon Moraski provides a window into the political landscapes of Russia and Ukraine, two countries that have clashed with each other-and struggled with their own popular revolts-in recent years. Drawing on election outcomes, party nominations, parliamentary voting, and other data, Moraski highlights how ruling parties, incumbent legislators, and others have adapted to major electoral system changes in both countries. Moraski sheds light on how authoritarian regimes-and the ruling parties that support them-have used changing conditions in their countries to consolidate their power, with varying success. Exploring the swiftly changing political arena of Eastern Europe, Party Politics in Russia and Ukraine offers timely insight into the impact of elections in the twenty-first century.

Written in a lively and engaging style from the perspective of a leading immigration judge, this book examines how states resolve disputes with migrants. The chapters reflect on changes in the laws and rules of migration on an international and regional basis and the impact on the parties, administration, public and judiciary. The book is a critical assessment of how the migration tribunal system has evolved over the last century, the lessons which have been learnt and those which have not. It includes additional comparative contributions by authors on international jurisdictions and is a valuable overview of the evolution and future of the immigration tribunal system which will be of interest to those involved in human rights, migration, transnational and international law.

Twenty years after the fall of the Berlin Wall, the question remains 'Do good fences still make good neighbours'? Since the Great Wall of China, the Antonine Wall, built in Scotland to support Hadrian's Wall, the Roman 'Limes' or the Danevirk fence, the 'wall' has been a constant in the protection of defined entities claiming sovereignty, East and West. But is the wall more than an historical relict for the management of borders? In recent years, the wall has been given renewed vigour in North America, particularly along the U.S.-Mexico border, and in Israel-Palestine. But the success of these new walls in the development of friendly and orderly relations between nations (or indeed, within nations) remains unclear. What role does the wall play in the development of security and insecurity? Do walls contribute to a sense of insecurity as much as they assuage fears and create a sense of security for those 'behind the line'? Exactly what kind of security is associated with border walls? This book explores the issue of how the return of the border fences and walls as a political tool may be symptomatic of a new era in border studies and international relations. Taking a multidisciplinary approach, this volume examines problems that include security issues ; the recurrence and/or decline of the wall; wall discourses ; legal approaches to the wall; the 'wall industry' and border technology, as well as their symbolism, role, objectives and efficiency.

Whilst advances in biotechnology and information technology have undoubtedly resulted in better quality of life for mankind, they can also bring about global problems. The legal response to the challenges caused by the rapid progress of technological change has been slow and the question of how international human rights should be protected and promoted with respect to science and technology remains unexplored. The contributors to this book explore the political discourse and power relations of technological growth and human rights issues between the Global South and the Global North and uncover the different perspectives of both regions. They investigate the conflict between technology and human rights and the perpetuation of inequality and subjection of the South to the North. With emerging economies such as Brazil playing a major role in trade, investment and financial law, the book examines how human rights are affected in Southern countries and identifies significant challenges to reform in the areas of international law and policy.

Not a day passes without political discussion of immigration. Reception of immigrants, their treatment, strategies seeing to their inclusion, management of migration flows, limitation of their numbers, the selection of immigrants; all are ongoing dialogues. European Societies, Migration, and the Law shows that immigrants, regardless of their individual status, their different backgrounds, or their different histories and motivations to move across borders, are often seen as 'the other' to the imaginary society of nationals making up the receiving (nation-)states. This book provides insights into this issue of 'othering' in the field of immigration and asylum law and policy in Europe. It provides an introduction to the mechanisms of 'othering' and reveals strategies and philosophies which lead to the 'othering' of immigrants. It exposes the tools applied in the implementation and application of legislation that separate, deliberately or not, immigrants from the receiving society.

The process of European constitutionalisation is met with extensive scepticism in current national legal and political spheres and in broader circles of public opinion across Europe. By shedding light on these concerns, this book reveals a widespread misunderstanding of constitutional federalism, which permeates the Member State courts, popular media, and many academic communities. A failure to address confusion over this fundamental concept is leading us towards impoverished development of the EU's 'Second Constitution', and even ensuring that the role of both domestic and international European courts in enriching the constitutionalisation process is overlooked and undervalued. In a bid to avoid such consequences, this book explores how federalism and further constitutionalisation - rightly understood in a dialogue of the European courts - may actually change this process and allow a clearer advance toward Europe's Second Constitution for, but also with, the people of Europe.

Proportionality in Action presents an empirical and comparative exploration of the proportionality doctrine, based on detailed accounts of the application of the framework by apex courts in six jurisdictions: Germany, Canada, South Africa, Israel, Poland and India. The analysis of each country is written and contextualized by a constitutional scholar from the relevant jurisdiction. Each country analysis draws upon a large sample of case law and employs a mixed methodological approach: an expansive coding scheme allows for quantitative analysis providing comparable and quantifiable measurements, which is enriched by qualitative analysis that engages with the substance of the decisions and captures nuance, contextualizing the data and providing it with meaning. The book concludes with a comparative chapter that synthesizes some of the most interesting findings. Focusing on deviations of the practice of proportionality from theory, the authors conclude their argument in support of an integrated approach to the application of proportionality.

Public Finance and Parliamentary Constitutionalism analyses constitutionalism and public finance (tax, expenditure, audit, sovereign borrowing and monetary finance) in Anglophone parliamentary systems of government. The book surveys the history of public finance law in the UK, its export throughout the British Empire, and its entrenchment in Commonwealth constitutions. It explains how modern constitutionalism was shaped by the financial impact of warfare, welfare-state programs and the growth of central banking. It then provides a case study analysis of the impact of economic conditions on governments' financial behaviour, focusing on the UK's and Australia's responses to the financial crisis, and the judiciary's position vis-a-vis the state's financial powers. Throughout, it questions orthodox accounts of financial constitutionalism (particularly the views of A. V. Dicey) and the democratic legitimacy of public finance. Currently ignored aspects of government behaviour are analysed in-depth, particularly the constitutional role of central banks and sovereign debt markets.

Government accountability is generally accepted to be an essential feature of modern democratic society; while others might turn a blind eye to corruption and wrongdoing, those who value accountability would instead shine a bright light on it. In this context, it is common to hear claims of accountability 'deficit' (a particular mechanism or area is lacking in accountability) and 'overload' (a particular mechanism or area over-delivers on accountability). Despite the frequency of references to these concepts, their precise content remains undeveloped. This book offers an explanation, as well as a framework for future exploration, of these concepts. It highlights the difficulty of defining a benchmark that might be used to measure the amount of accountability in a particular situation, and also the challenge of mapping out accountability mechanisms as a system. While difficult, if accountability is indeed a foundational concept underpinning our system of government, there is merit in meeting these challenges head-on.

The question of to what extent, manifestations of religious beliefs should be permitted in the European public sphere has become a salient and controversial topic in recent years. Despite the increasing interest however, debates have rarely questioned the conventional wisdom that an increase in the range of security measures employed by a government inevitably leads to a decrease in the human rights enjoyed by individuals. This book analyses the relationship between state security regime changes and the right to religious freedom in the EU. It presents a comparative analysis of the impact these regime changes have had on the politics, policies and protections of religious freedom across the EU member states in the post-2001 environment. The book provides a timely investigation into the role of national legislation, the European Court of Human Rights, and societal trends in the protection of religious freedom, and in so doing demonstrates why the relationship between state security and religious freedom is one of the most socially significant challenges facing policymakers and jurists in Europe at the present time.

In The Making of Reverse Discrimination Ellen Messer-Davidow offers a fresh and incisive analysis of the legal-judicial discourse of DeFunis v. Odegaard (1974) and Regents of the University of California v. Bakke (1978), the first two cases challenging race-conscious admissions to professional schools to reach the US Supreme Court. While the voluminous literature on DeFunis and Bakke has focused on the Supreme Court's far from definitive answers to important constitutional questions, Messer-Davidow closely examines each case from beginning to end. She investigates the social surrounds where the cases incubated, their tours through the courts, and their aftereffects. Her analysis shows how lawyers and judges used the mechanisms of language and law to narrow the conflict to a single white male applicant and a single white-dominated university program to dismiss the historical, sociological, statistical, and experiential facts of 'systemic racism' and thereby to assemble 'reverse discrimination' as a new object of legal analysis. In exposing the discursive mechanisms that marginalized the interests of applicants and communities of color, Messer-Davidow demonstrates that the construction of facts, the reasoning by precedent, and the invocation of constitutional principles deserve more scrutiny than they have received in the scholarly literature. Although facts, precedents, and principles are said to bring stability and equity to the law, Messer-Davidow argues that the white-centered narratives of DeFunis and Bakke not only bleached the color from equal protection but also served as the template for the dozens of anti-affirmative action projects-lawsuits, voter referenda, executive orders-that conservative movement organizations mounted in the following years.

In our globalised world, where inequality is deepening and migration movements are increasing, states continue to maintain strong regulatory control over immigration, health and social policies. Arguments based on state sovereignty can be employed to differentiate irregular migrants from other groups and reduce their right to physical and mental health to the provision of emergency medical care, even where resources are available. Drawing on the enabling and constraining factors of human rights law and public health, this book explores the scope and limits of the right to health of migrants in irregular situations, in international and European human rights law. Addressing these peoples' health solely with an exceptional medical paradigm is inconsistent with the special attention granted to people in vulnerable situations and non-discrimination in human rights, the emerging rights-based approach to disability, the social priorities of public health and the interdependence of human rights.

How does the selection of judges influence the work they do in important constitutional courts? Does mixed judicial selection, which allows more players to choose judges, result in a court that is more independent and one that can check powerful executives and legislators? Existing literature on constitutional courts tends to focus on how judicial behaviour is motivated by judges' political preferences. Lydia Brashear Tiede argues for a new approach, showing that, under mixed selection, institutions choose different types of judges who represent different approaches to constitutional adjudication and thus have different propensities for striking down laws. Using empirical evidence from the constitutional courts of Chile and Colombia, this book develops a framework for understanding the factors, external and internal to courts, which lead individual judges, as well as the courts in which they work, to veto a law.

Migration, Family and the Welfare State explores understandings and practices of integration in the Scandinavian welfare societies of Denmark, Norway and Sweden through a comprehensive range of detailed ethnographic studies. Chapters examine discourses, policies and programs of integration in the three receiving societies, studying how these are experienced by migrant and refugee families as they seek to realize the hopes and ambitions for a better life that led them to leave their country of origin. The three Scandinavian countries have had parallel histories as welfare societies receiving increasing numbers of migrants and refugees after World War II, and yet they have reacted in dissimilar ways to the presence of foreigners, with Denmark developing tough immigration policies and nationalist integration requirements, Sweden asserting itself as a relatively open country with an official multicultural policy, and Norway taking a middle position. The book analyses the impact of these differences and similarities on immigrants, refugees and their descendants across three intersecting themes: integration as a welfare state project; integration as political discourse and practice; and integration as immigrants and refugees quest for improvement and belonging.

This book was originally published as a special issue of the Journal of Ethnic and Migration Studies.

India Migration Report 2014 is one of the first systematic studies on contribution of diasporas in development, in countries of origin as well as destination. This volume: examines how diasporic human and financial resources can be utilized for economic growth and sustainable development, especially in education and health; offers critical insights on migrant experiences, transnationalism and philanthropic networks, and indigenization and diaspora policies, as well as return of diasporas; and includes case studies on Indian migrants in the Gulf region - in particular, Bahrain, Oman and Saudi Arabia - and the United Kingdom, among others. With essays by major contributors, the volume will interest scholars and researchers on economics, development studies, migration and diaspora studies, and sociology. It will also be useful to policy-makers and government institutions working in the area.

Now your foundation can be fully informed about the basic legal requirements affecting private foundations and avoid the perils lurking in nonprofit tax law traps. Private Foundation Law Made Easy clearly shows you how, with information on reaping the charitable and tax advantages of your private foundation. Filled with straightforward guidance, author Bruce Hopkins?a leading authority on the laws regulating private foundations?demystifies this topic for you and your board members with practical legal information in easy-to-understand English.

Terror attacks on western civilian targets have stimulated interest in the dilemmas faced by liberal societies when combating threats to national security. Combining the perspectives of political science and law, this book addresses that discourse, asking how democracies seek to harmonize the protection of individual liberties with the defence of state interests. The book focuses on the experience of Israel, a country whose commitment to democratic values has continuously been challenged by multiple threats to national survival. It examines the legal, legislative and institutional methods employed to resolve the dilemmas generated by that situation, and thus provides a unique interpretation of Israeli national security behaviour. Policy-making and policy-implementation in this sphere, it shows, have reflected not just external constraints but also shifts in the domestic balance of power between the executive, the legislature and the judiciary. The book concludes with an agenda of the measures that each branch of government needs to implement in order to repair the flaws that have developed in this system over time. Based on a close reading of legislative and court readings, the book proposes a new taxonomy for the analysis of national security legal frameworks, both in Israel and elsewhere in the democratic world. As such it will be of great interest to students and scholars of political science, national security law, Israeli history and civil-military relations.