This timely book addresses the increasingly widespread issue of online political hatred in Europe. Taking an interdisciplinary approach, it examines both the contributions of new technologies, in particular social networks, to the rise of this phenomenon, and the legal and political contexts in which it is taking place. Through an analysis of online hate speech and its impacts, Giovanni Ziccardi characterizes contemporary political hatred in Europe, highlighting its victims, communication strategies, and the creation of a cross-national network of extremists enabled by technology. He compares legal and political responses to the problem at both national and EU levels, as well as the approach taken by the US, in order to examine the effectiveness of current measures. Finally, he evaluates possible remedies for the situation, including both legal and technological solutions, and outlines the potential for a unified European framework to counter the spread of hatred online. Online Political Hate Speech in Europe will be an essential read for scholars and students in law and politics looking for an in-depth analysis of this issue. It will also be useful for politicians, policy makers, and practitioners seeking to understand the mechanisms underlying the circulation of political hatred.

Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. Yet while adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning. The author surveys the entire history of the US Supreme Court up until 2020, keying in on decisions regarding when it chose to overturn its own constitutional precedent and why. He explores how the US Supreme Court under its different Chief Justices has approached constitutional precedents and justified its reversal and quantifies which Courts have reversed the most constitutional precedents and why. Constitutional Precedent in US Supreme Court Reasoning is essential reading for law professors and students interested in precedent and its role in legal reasoning. Law libraries which will find this book of importance to their collections on legal reasoning and analysis.

This illuminating book explores the nature of international humanitarian law (IHL), so doing by asking whether it should be seen as a permissive or a restrictive regime. An experienced lawyer in the field, Anne Quintin offers an in-depth expert analysis of this highly debated topic. In the eyes of many, the primary purpose of IHL is to impose restrictions on the actions of parties in armed conflicts, in order to protect victims. But IHL is also increasingly cited as an authority in permitting conduct that would be deemed unlawful in peacetime, for instance some cases of internment or targeting of persons. Considering both international and non-international armed conflicts, Quintin carefully and astutely peels away the layers of this debate, revealing the true nature of IHL and concluding that whilst IHL initially developed as a restrictive regime composed of prohibitions and prescriptions, it nevertheless contains within it rare permissions that allow states to act. Utilising a scientific methodology to offer concrete and realistic outcomes, whilst couching differing interpretations of IHL in wider debates surrounding the nature of international law, this book will be of interest to all academics, practitioners and policy-makers in the field of international humanitarian law. Its analysis of how people are effectively protected during an armed conflict will also be beneficial for the wider humanitarian community.

Sources of Constitutional Law contains a selection of constitutions and fundamental legislative instruments from five Western democracies: the United States, France, Germany, the Netherlands and the United Kingdom. In addition, it provides the text of the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union. The instruments reproduced in this volume are rendered either in the original English, in the official English version, or in new translations under critical editorship. Sources of Constitutional Law allows students of constitutional law to understand the peculiarities and similarities of different Western constitutions in direct comparison. With its selection of constitutions and legislative instruments, this volume is the ideal companion to the textbook Constitutions Compared (click here for more information).

This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies - human rights, democracy, and the rule of law - and the investment treaty regime, but also the potential for co-existence and complementarity. Contributions from leading experts in the field address how different systems of constitutional law interact with the investment treaty regime. Chapters provide a detailed overview of the various forms of interaction, and critically engage with the competing claims for supremacy that constitutional law and international investment law formulate. The book also addresses the reactions within the investment treaty regime to the demands formulated by constitutional law, in particular the use of constitutional analogies to understand international investment law and investor-state dispute settlement. Investigating the leading questions and issues surrounding this growing topic, this book will be an ideal read for students and scholars interested in financial, economic, and international law. Practitioners of constitutional law will also benefit from this innovative book.

This unique book analyses the impact of international human rights on the concept of gender, demonstrating that gender emerged in the medical study of sexuality and has a complex and broad meaning beyond the sex and gender binaries often assumed by human rights law. Ekaterina Yahyaoui Krivenko skilfully illustrates the dynamics within the field of human rights which hinder the expansion of the concept of gender and which strategies and mechanisms allow and facilitate such an expansion. Gender and Human Rights surveys the development of human rights from the creation of the United Nations up to the present day and discusses key examples of the prohibition of violence and the regulation of culture and family in the context of human rights. This multidisciplinary study also incorporates additional perspectives from medical science, feminism and queer theory. This concise yet engaging book will be a valuable resource for scholars, students and activists working at the intersection of gender law and human rights law, providing a critical overview of the topic alongside strategies for future growth.

Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the concept of allegiance and its revival in recent times, identifying and contextualising its evolving association with theories of citizenship. The book explores how allegiance was historically owed in return for the sovereign's protection but has been redeployed by modern governments to justify the withdrawal of protection. It examines allegiance from multiple perspectives, including laws for the revocation of citizenship, new ideas of citizenship education, the doctrine of treason, oaths of allegiance, naturalisation tests, and theories of belonging. This thought-provoking book ultimately finds allegiance to be a feudal concept that is inappropriate in the liberal democratic state, and is misplaced, even dangerous, in its association with modern citizenship. Rejecting allegiance, but reaching a constructive resolution, it explores modern alternatives to describe the bond between citizens, advancing a new perspective on the 'enigma' of belonging. With its carefully constructed analysis, this work will prove pivotal in furthering our understanding of allegiance and citizenship. Its legal-theoretical account of a complex and under-theorised concept make it valuable reading for legal and political theorists, legal historians, and scholars of citizenship, law, and social politics.

Revealing the politics underlying the rapid globalization of facial recognition technology (FRT), this topical book provides a cutting-edge, critical analysis of the expanding global market for FRT, and the rise of the transnational social movement that opposes it. With the use of FRT for policing, surveillance, and business steadily increasing, this book provides a timely examination of both the benefits of FRT, and the threats it poses to privacy rights, human rights, and civil liberties. Interviews with analysts and activists with expertise in FRT find that the anti-FRT movement is highly uneven, with disproportionate influence in Western democracies and relatively little influence in authoritarian states and low-income countries in the developing world. Through a global analysis of the uptake and regulation of FRT, chapters create a holistic understanding of the politics behind this technology. Concluding with a look towards the future prospects of FRT in the face of the growing size, reach, and power of its opposition, the book reflects more broadly on the power of transnational social movements and civil society activism to prevent the globalization and normalization of new technologies. A visionary exploration of FRT, this book will be invaluable to students and scholars of politics and policy, alongside activists, stakeholders, and policy makers interested in the growing power of social movements to resist new technology.

The Constitutional Law Casebook consists of approximately fifty case extracts from significant judgments handed down by South African courts. The majority of the cases discussed are decisions of the Constitutional Court, although some extracts are from significant decisions of the Supreme Court of Appeal.

The cases are considered under separate themes, for example, separation of powers, equality, property etc. The extract selected from each case traces the development of the principles applicable to each particular category.

An introductory question on the legal issues introduces each case discussion. This is followed by a brief description of the factual background and the legal history of the case. The key legal issues to be determined by the Court are then identified. An extract of the relevant paragraphs of the decision itself follows, tracing the Court’s ratio decidendi in answering the introductory question. The order is quoted as well, where it provides a useful confirmation of the ratio decidendi.

Three to five questions for students follow each case extract. These are intended to spark debate around the issues raised in the judgment, to test comprehension of the decision and to encourage a deeper reflection on these issues. The questions may be used to initiate class discussions, or as essay topics for students.

As the COVID-19 pandemic surged in 2020, questions of data privacy, cybersecurity, and ethics of the surveillance technologies centred an international conversation on the benefits and disadvantages of the appropriate uses and expansion of cyber surveillance and data tracking. This timely book examines and answers these important concerns. Pandemic Surveillance frames and defines digital privacy and security in the context of emerging surveillance technologies, providing informed dialogue on international conversations regarding pandemic surveillance. The book examines the challenges of regulating pandemic surveillance technologies across diverse geographical settings, including Europe and Latin America, along with comparative analysis of social credit systems in China and the United States. Margaret Hu and her impressive selection of contributors explore the legal, scientific and ethical challenges in a world with a growing data surveillance architecture, providing policy recommendations and forward-looking solutions, including the importance of ethical frameworks, to minimise potential misuse and abuse of surveillance technologies. Delivering a well-rounded examination of pandemic surveillance and data-tracking technologies, this book is a crucial read for researchers and scholars focused on information security and data privacy, including specialists in the area of cyber ethics and data ethics. Students and academics interested in health policy and bioethics will also benefit from the insights in this text.

Renmin Chinese Law Review, Volume 9 is the ninth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China. Volume 9 provides fresh perspectives on key topics including the notion of consequence in adjudication, legal illiteracy, and the nature of police defense behavior. Chapters by expert contributors in the field provide an insightful review of other crucial areas of Chinese law such as budgetary law, criminal law, copyright infringement, and labor contract law. Including illustrative case studies, and shining a light on new legal developments in China, this work is a rich resource for scholars of Chinese law and politics all over the world, as well as for policy-makers in the region.

This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter. Featuring practical cases of judicial interactions between European and national courts, the contributions in this book analyse the multi-dimensional impact of a wide array of judicial interaction techniques such as the preliminary reference procedure, consistent interpretation, comparative reasoning, mutual recognition and disapplication. Constructed in an insightful manner, the book stimulates debate and dialogue across the boundaries of practice and academia, featuring exchanges of expertise and knowledge between legal practitioners and leading scholars. This timely book will be an invaluable resource for scholars and post-graduate students in courses on European fundamental rights, empirical research methods in law, EU litigation practice and judicial cooperation. It will also prove to be a useful guide for legal practitioners, providing practical and punctual analysis of the jurisprudence of the Court of Justice of the European Union on the application of the EU Charter of Fundamental Rights.

Providing a much-needed study of the weapons paradox in the case of autonomous weapons, this book is a detailed and comprehensive account of the current debate over the use of autonomous weapons - should some form of regulation be applied or a total ban be enforced? How can compliance with existing rules be ensured? Can responsibility be properly allocated? To what extent do concepts such as 'human dignity' and 'humanity' provide legal guidance in coping with technology? This book tackles these momentous challenges and strives to provide sound answers by elaborating on international law and proposing normative solutions for current and future human-machine interactions in this critical field. Diego Mauri expertly explains the complex new technological research involved in autonomous weaponry, with particular focus on technological developments that have elicited intense debates among diplomats, military experts, scientists, philosophers, and international lawyers. Providing innovative and original discussion of the effective protection of the human person in international law, this book will be welcomed by legal scholars, human rights lawyers, and researchers concerned with the relationship between international law and technology.

Illustrating the legacy of Brexit, this timely Research Handbook provides a comprehensive and coherent analysis of not only the Brexit process within the UK but also what it means for both the UK and the EU within the framework of their future relationship. Bringing together contributions from leading scholars in the field, this Research Handbook considers the ways in which the legal, economic and political uncertainty brought about by Brexit through the upheaval of established norms and values will continue to reverberate for the remainder of the 2020s and beyond. Divided into four parts, it focuses on different aspects of the Brexit process and the EU-UK future relationship, including Brexit's impact on the political system of the United Kingdom, repatriation of laws and competences and a post-Brexit framework. Above all, it argues that Brexit creates both new challenges and new opportunities for the UK but also for the process of EU integration. The Research Handbook on Legal Aspects of Brexit will be crucial reading for researchers and students in the fields of constitutional and administrative law, European law and politics looking to enhance their understanding of the impact that Brexit will have for both the UK and the EU.

Every year firms close for a variety of reasons, including sale or merger, but what happens if you haven't prepared to exit the market? The Solicitors Regulation Authority (SRA) has stressed the need for firms to have an exit strategy in place to prepare for this eventuality, meet regulatory requirements and good practice standards, and avoid potential fines. The Exit Strategies Toolkit contains a mixture of commentary, procedural checklists, such as a notification checklist, draft policies and precedents, including sample letters to PI insurers and the SRA, to help you to prepare for this eventuality.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Presenting a concise, yet wide-ranging and contemporary overview of the field, this Advanced Introduction to Privacy Law focuses on how we arrived at our privacy laws, and how the law can deal with new and emerging challenges from digital technologies, social networks and public health crises. This illuminating and interdisciplinary book demonstrates how the history of privacy law has been one of constant adaptation to emerging challenges, illustrating the primacy of the right to privacy amidst a changing social and cultural landscape. Key features include: Incisive analysis of the meaning and value of privacy and the ways in which legal, social and economic institutions respond to our understanding of privacy in contemporary society A uniquely concise, contextual approach to privacy law, examining privacy as a constantly evolving social phenomenon and the legal implications of its mutability Historical and comparative insights into privacy and data protection laws across the common law world. This richly detailed book is an informative and thought-provoking resource for students, academics and practitioners of privacy and data protection law. Its interdisciplinary insights will also appeal to those working in legal history, media and cultural studies, economics and political science.

Managing without fear is the ability to make personnel decisions, from hiring to separations and everything in between, without fear of breaking the law and with the goal of creating a work environment you and your employees are proud to be part of. In Managing Employees Without Fear, workplace lawyer Adam Rosenthal expertly delivers every manager's comprehensive, go-to practical guide for managing a legally compliant workplace and building a positive, productive, and first-class work culture along the way. Packed with unique insights and lessons from an attorney who has counseled and represented companies and managers in thousands of workplace disputes, Rosenthal provides people managers with effective tools on how to successfully navigate around complicated personnel issues. From improving hiring and onboarding practices, to adopting strategies in dealing with underperforming employees, to implementing meaningful ways to promote diversity and inclusion, this book provides managers at every level a significant return on their investment.

This timely and original book provides an exploration of the factors that combine to determine the form of regulatory problems and the overall success or failure of regulation. Using environmental regulation as a basis for analysis, this book puts forward a theoretical framework for the design of effective regulation and demonstrates how businesses' compliance with environmental regulation, in particular, could be improved. The authors address previous shortcomings in regulatory explanations, which have frequently overlooked the structural character of regulation and underplayed how the factors involved work together to determine regulatory shape and performance. In seeking to address this deficit, the authors develop a compliance line to demonstrate how different choices on how to regulate will affect compliance outcomes. Chapters include a review of how regulation has changed and sought to improve over the years, the relationship between rule following and regulation, how regulation incorporates and relies on necessary conditions, an identification of the trade-offs involved in regulating, and a discussion of why regulation is, by necessity and to a degree, unfair. Providing theories for how regulation can be structured to improve compliance, The Structure of Regulation will be a key resource for students and academics in the fields of law and regulation, environment studies, public policy and political science.

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.

As the law and politics of migration become increasingly intertwined, this thought-provoking Research Handbook addresses the challenge of analysing their relationship. Discussing the evolving theoretical approaches to migration, it explores the growing attention given to the legal frameworks for migration and the expansion of regulation, as migration moves to the centre of the global political agenda. The Research Handbook demonstrates that the overlap between law and politics puts the rule of law at risk in matters of migration as advocates around the globe increasingly turn to law to address the challenges of new migration politics. Presenting a fresh mapping of current issues in the field, it focusses on institutions of migration and analyses the securitization of migration management and the strengths and weaknesses of the Global Compact for Safe, Orderly and Regular Migration. Written by leading scholars specialising in a range of disciplines, the Research Handbook on the Law and Politics of Migration will be an illuminating read for academics and students of migration studies with backgrounds in law, politics, criminology, sociology, history, geography and beyond.

The Land Is Our History tells the story of indigenous legal activism at a critical political and cultural juncture in Australia, Canada, and New Zealand. In the late 1960s, indigenous activists protested assimilation policies and the usurpation of their lands as a new mining boom took off, radically threatening their collective identities. Often excluded from legal recourse in the past, indigenous leaders took their claims to court with remarkable results. For the first time, their distinctive histories were admitted as evidence of their rights. Miranda Johnson examines how indigenous peoples advocated for themselves in courts and commissions of inquiry between the early 1970s to the mid-1990s, chronicling an extraordinary and overlooked history in which virtually disenfranchised peoples forced powerful settler democracies to reckon with their demands. Based on extensive archival research and interviews with leading participants, The Land Is Our History brings to the fore complex and rich discussions among activists, lawyers, anthropologists, judges, and others in the context of legal cases in far-flung communities dealing with rights, history, and identity. The effects of these debates were unexpectedly wide-ranging. By asserting that they were the first peoples of the land, indigenous leaders compelled the powerful settler states that surrounded them to negotiate their rights and status. Fracturing national myths and making new stories of origin necessary, indigenous peoples' claims challenged settler societies to rethink their sense of belonging.