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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
Human Rights of American Minorities provides students with a
holistic view of universal human rights as they apply to American
social problems and the lives of minority populations in the United
States. The anthology encourages readers to think critically about
the identity, behavior, and reactions to modern events by minority
and majority social groups. Within the collection, students read
the Universal Declaration of Human Rights as written by the United
Nations and selections that explore the role of identity in
diversity, economic inequality, the impact of micro-aggressions on
Latino/a communities, and the structural racism Native Americans
and Alaskan natives endure. Additional readings address the roles
sex, gender, sexuality, and age play in determining minority or
majority status. The collection concludes with readings that
examine stunted opportunity in America, the fundamentals of social
policy, and whether claims of religious discrimination can be
successful. Moving beyond stratification theory to spotlight the
everyday struggles of minorities in the United States, Human Rights
of American Minorities is an excellent resource for courses in the
social sciences, especially those that explore inequality and
minority populations.
This book analyses and compares how the USA's liberal allies
responded to the use of torture against their citizens after 9/11.
Did they resist, tolerate or support the Bush Administration's
policies concerning the mistreatment of detainees when their own
citizens were implicated and what were the reasons for their
actions? Australia, the UK and Canada are liberal democracies
sharing similar political cultures, values and alliances with
America; yet they behaved differently when their citizens, caught
up in the War on Terror, were tortured. How states responded to
citizens' human rights claims and predicaments was shaped, in part,
by demands for accountability placed on the executive government by
domestic actors. This book argues that civil society actors, in
particular, were influenced by nuanced differences in their
national political and legal contexts that enabled or constrained
human rights activism. It maps the conditions under which
individuals and groups were more or less likely to become engaged
when fellow citizens were tortured, focusing on national rights
culture, the domestic legal and political human rights framework,
and political opportunities.
This book considers the phenomenon of soft law employed by domestic
public authorities. Lawyers have long understood that public
authorities are able to issue certain communications in a way that
causes them to be treated like law, even though these are neither
legislation nor subordinate legislation. Importantly for soft law
as a regulatory tool, people tend to treat soft law as binding even
though public authorities know that it is not. It follows that soft
law's 'binding' effects do not apply equally between the public
authority and those to whom it is directed. Consequently, soft law
is both highly effective as a means of regulation, and inherently
risky for those who are regulated by it. Rather than considering
soft law as a form of regulation, this book examines the possible
remedies when a public authority breaches its own soft law upon
which people have relied, thereby suffering loss. It considers
judicial review remedies, modes of compensation which are not based
upon a finding of invalidity, namely tort and equity, and 'soft'
challenges outside the scope of the courts, such as through the
Ombudsman or by seeking an ex gratia payment.
A series of laws passed in the 1970s promised the nation
unprecedented transparency in government, a veritable "sunshine
era." Though citizens enjoyed a new arsenal of secrecy-busting
tools, officials developed a handy set of workarounds, from over
classification to concealment, shredding, and burning. It is this
dark side of the sunshine era that Jason Ross Arnold explores in
the first comprehensive, comparative history of presidential
resistance to the new legal regime, from Reagan-Bush to the first
term of Obama-Biden.
After examining what makes a necessary and unnecessary secret,
Arnold considers the causes of excessive secrecy, and why we
observe variation across administrations. While some
administrations deserve the scorn of critics for exceptional
secrecy, the book shows excessive secrecy was a persistent problem
well before 9/11, during Democratic and Republican administrations
alike. Regardless of party, administrations have consistently
worked to weaken the system's legal foundations.
The book reveals episode after episode of evasive maneuvers,
rule bending, clever rhetorical gambits, and downright defiance; an
army of secrecy workers in a dizzying array of institutions labels
all manner of documents "top secret," while other government
workers and agencies manage to suppress information with a
"sensitive but unclassified" designation. For example, the health
effects of Agent Orange, and antibiotic-resistant bacteria leaking
out of Midwestern hog farms are considered too "sensitive" for
public consumption. These examples and many more document how vast
the secrecy system has grown during the sunshine era.
Rife with stories of vital scientific evidence withheld, justice
eluded, legalities circumvented, and the public interest flouted,
"Secrecy in the Sunshine Era" reveals how our information society
has been kept in the dark in too many ways and for too long.
The stark reality is that throughout the world, women
disproportionately live in poverty. This indicates that gender can
both cause and perpetuate poverty, but this is a complex and
cross-cutting relationship.The full enjoyment of human rights is
routinely denied to women who live in poverty. How can human rights
respond and alleviate gender-based poverty? This monograph closely
examines the potential of equality and non-discrimination at
international law to redress gender-based poverty. It offers a
sophisticated assessment of how the international human rights
treaties, specifically the Convention on the Elimination of
Discrimination Against Women (CEDAW), which contains no obligations
on poverty, can be interpreted and used to address gender-based
poverty. An interpretation of CEDAW that incorporates the harms of
gender-based poverty can spark a global dialogue. The book makes an
important contribution to that dialogue, arguing that the CEDAW
should serve as an authoritative international standard setting
exercise that can activate international accountability mechanisms
and inform the domestic interpretation of human rights.
International migration for temporary employment is a critical
component of South Asia's development path, from both the jobs and
remittance flows perspectives. South Asian economies are at a stage
of demographic transition where people of working-age are generally
still increasing shares of populations, with millions of people
entering the working-age cohort every year for another generation.
This report focuses on Bangladesh, Nepal, and Pakistan - three
countries in the region sharing similar characteristics,
opportunities, and challenges when it comes to international
migration. All three are lower-middle income countries where
sizeable shares of the working age population migrate overseas.
Migration has large positive effects on South Asian economies
overall, often noted by the fact that remittances tend to be very
high in relative and absolute terms. Several of the policy actions
that can be taken in the pre-migration phase of the migration
life-cycle to reduce the vulnerability of migrants will directly
reduce costs and improve access for poorer households. Reducing
volatility and improving sustainability will require sending
countries to ultimately diversify the markets where they send their
workers.
"In short, we have a first-rate study of an important
constitutional symbol of disunion." --Donald Roper, American
Journal of Legal History 26 (1982) 255. Finkelman describes the
judicial turmoil that ensued when slaves were taken into free
states and the resultant issues of comity, conflict of laws,
interstate cooperation, Constitutional obligations, and the
nationalization of slavery. "Other scholars have defined the
antebellum constitutional crisis largely in terms of the extension
of slavery to the territories and the return of fugitive slaves.
Finkelman's study demonstrates that the comity problem was also an
important dimension of intersectional tension. It is a worthy
addition to the growing literature of slavery." -- James W. Ely,
Jr., California Law Review 69 (1981) 1755. Paul Finkelman is the
President William McKinley Distinguished Professor of Law and
Public Policy and Senior Fellow, Government Law Center, Albany Law
School. He is the author of more than 200 scholarly articles and
more than 35 books including A March of Liberty: A Constitutional
History of the United States, with Melvin I. Urofsky (2011),
Slavery, Race and the American Legal System, 1700-1872 (editor)
(1988) and Slavery in the Courtroom (1985).
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