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In a revelatory work praised as "excellent and timely" (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won "equal rights," and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. "Tackling a topic that ought to be at the heart of political debate" (Economist), Winkler surveys more than four hundred years of diverse cases-and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall-to reveal that "the history of corporate rights is replete with ironies" (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Sanctuary Cities and Urban Struggles makes the first sustained intervention into exploring how cities are challenging the primacy of the nation-state as the key guarantor of rights and entitlements. It brings together cutting-edge scholars of political geography, urban geography, citizenship studies, socio-legal studies and refugee studies to explore how urban social movements, localised practices of belonging and rights claiming, and diverse articulations of sanctuary are reshaping the governance of migration. By offering a collection of empirical cases and conceptualisations that move beyond 'seeing like a state', Sanctuary Cities and Urban Struggles proposes not a singular alternative but rather a set of interlocking sites and scales of political imagination and practice. In an era when migrant rights are under attack and nationalism is on the rise, the topic of how citizenship, rights and mobility can be recast at the urban scale is more relevant than ever. -- .
Since the rise of the nation-state in the nineteenth century, constitutions have been seen as an embodiment of national values and identity. However, individuals, ideas, and institutions from abroad have always influenced constitutions, and so the process is better described as transnational. As cross-border interaction is increasing in intensity, a dominant transnational legal order for constitutions has emerged, with its own norms, guidelines and shared ideas. Yet both the process and substance of constitution-making are being contested in divergent and insurgent constitutional orders. Bringing together leading scholars from the United States, Europe, Latin America, and Asia, this volume addresses the actors, networks, norms and processes involved in constitution-making, as well as the related challenges, from a transnational and comparative perspective. Drawing from the research on transnational legal orders, this work explores and examines constitution-making in every region of the world.
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.
Priests of OurDemocracy tells of the teachers and professors whobattled the anti-communist witch hunt of the 1950s. It traces the political fortunesof academic freedom beginning in the late 19th century, both oncampus and in the courts. Combining political and legal history with wrenchingpersonal stories, the book details how the anti-communist excesses of the 1950sinspired the Supreme Court to recognize the vital role of teachers andprofessors in American democracy. The crushing of dissent in the 1950simpoverished political discourse in ways that are still being felt, and FirstAmendment academic freedom, a product of that period, is in peril today. Incompelling terms, this book shows why the issue should matter to everyone.
To be effective, government must be run by professional managers. When decisions that should be taken by government officials are delegated to private contractors without adequate oversight, the public interest is jeopardized. Verkuil uses his inside perspectives on government performance and accountability to examine the tendencies at both the federal and state levels to 'deprofessionalize' government. Viewing the turn to contractors and private sector solutions in ideological and functional terms, he acknowledges that the problem cannot be solved without meaningful civil service reforms that make it easier to hire, incent and, where necessary, fire career employees and officials. The indispensable goal is to revitalize bureaucracy so it can continue to competently deliver essential services. By highlighting the leadership that already exists in the career ranks, Verkuil senses a willingness, or even eagerness, to make government, like America, great again.
With over 240 million migrants in the world, including over 65 million forced migrants and refugees, states have turned to draconian measures to stem the flow of irregular migration, including the criminalization of migration itself. Canada, perceived as a nation of immigrants and touted as one of the most generous countries in the world today for its reception of refugees, has not been immune from these practices. This book examines "crimmigration" - the criminalization of migration - from national and comparative perspectives, drawing attention to the increasing use of criminal law measures, public policies, and practices that stigmatize or diminish the rights of forced migrants and refugees within a dominant public discourse that not only stereotypes and criminalizes but marginalizes forced migrants. Leading researchers, legal scholars, and practitioners provide in-depth analyses of theoretical concerns, legal and public policy dimensions, historic migration crises, and the current dynamics and future prospects of crimmigration. The editors situate each chapter within the existing migration literature and outline a way forward for the decriminalization of migration through the vigorous promotion and advancement of human rights. Building on recent legal, policy, academic, and advocacy initiatives, The Criminalization of Migration maps how the predominant trend toward the criminalization of migration in Canada and abroad can be reversed for the benefit of all, especially those forced to migrate for the protection of their inherent human rights and dignity.
A clear, concise primer on the EU GDPR The EU General Data Protection Regulation (GDPR) is a key piece of legislation that provides a single, harmonised privacy law for the European Union, improving the promotion and regulation of data privacy. With the Regulation now formally approved by the European Parliament, all companies that operate in Europe have until 26 April 2018 to comply with the new law, or potentially face fines of up to 4% of annual turnover or 20 million. This pocket guide is the perfect introduction for organisations that need to get to grips with the key principles of data privacy and the EU General Data Protection Regulation.
Unsurpassed in authority, reliability and accuracy; the 2018-2019 has been fully revised and updated to incorporate all relevant legislation for public and human rights law courses. Blackstone's Statutes on Public Law & Human Rights is an abridged collection of legislation carefully reviewed and selected by Robert G. Lee. With unparalleled coverage of public and human rights law, Blackstone's Statutes on Public Law & Human Rights leads the market: consistently recommended by lecturers and relied on by students for exam and course use. Blackstone's Statutes on Public Law & Human Rights is: - Trusted: ideal for exam use - Practical: find what you need instantly - Reliable: current, comprehensive coverage - Relevant: content reviewed to match your course Online resources The accompanying online resources include video guides to reading and interpreting statutes, web links, exam tips, and an interactive sample Act of Parliament.
Surveillance presents a conundrum: how to ensure safety, stability, and efficiency while respecting privacy and individual liberty. From police officers to corporations to intelligence agencies, surveillance law is tasked with striking this difficult and delicate balance. That challenge is compounded by ever-changing technologies and evolving social norms. Following the revelations of Edward Snowden and a host of private-sector controversies, there is intense interest among policymakers, business leaders, attorneys, academics, students, and the public regarding legal, technological, and policy issues relating to surveillance. This handbook documents and organizes these conversations, bringing together some of the most thoughtful and impactful contributors to contemporary surveillance debates, policies, and practices. Its pages explore surveillance techniques and technologies; their value for law enforcement, national security, and private enterprise; their impacts on citizens and communities; and the many ways societies do - and should - regulate surveillance.
View the Table of Contents. Read the Preface.
Praise for the 10th Anniversary Edition
"White by Law remains one of the most significant and generative
entries in the crowded field of 'whiteness studies.' Ian Haney
LA3pez has crafted a brilliant study, not merely of how 'race'
figures in the juridical logic of U.S. citizenship, but of the ways
in which law fully participates in the wholesale manufacture of
those naturalized groupings we know as 'races.' A terribly
"Ten years after its initial publication, White by Law remains
the definitive treatment of the naturalization cases, and provides
a compelling account of the role of law in constructing race. A
wonderful combination of thematic development and historical
excavation, one leaves this revised edition with a thoroughgoing
understanding of the ways in which citizenship functioned not only
to include and exclude but as a process through which people quite
literally became white by law."
"White by Law remains the definitive work on how American law
constructed a 'white' race at the turn of the twentieth century.
Haney LA3pez has added a chapter to the new edition, a sobering
analysis of how, in our own time, 'colorblind' law and policy
threaten to perpetuate, not eliminate, racial inequality. A
aHere is one work that proved challenging to review with a fresh
eye, having been widely reviewed and discussed since itsoriginal
publication more than 10 years agoa].While oneas first question
upon picking up such a book could easily be awhy bother?a with the
re-release of an older work, in this case, the strategy
worksa].[T]he addition of the authoras personal narrative in the
Preface and his intriguing view into the future with the new
conclusion will add to the bookas pedagogical value. In sum, Haney
Lopez has provided a piece of scholarship worthy of bringing out a
curtain call on its 10th anniversary.a
Praise for the 1st edition:
"Haney LA3pez performs a major service for anyone truly
interested in understanding contemporary debates over racial and
ethnic politics. . . . A sobering and crucial lesson for a society
committed to equality and fairness."
"This book is remarkable for sheer information value, but draws
its analytic power from the emphasis on whiteness to make sense of
racial oppression. . . . Haney LA3pez convincingly demonstrates
that the US is ideologically white not by accident but by
White by Law was published in 1996 to immense critical acclaim, and established Ian Haney LA3pez as one of the most exciting and talented young minds in the legal academy. The first book to fully explore the social and specifically legal construction of race, White by Law inspired a generation of critical race theorists and others interested in the intersection of race and law in American society. Today, it is used and cited widely by not only legal scholars but many others interested in race, ethnicity, culture, politics, gender, and similar socially fabricated facets of American society.
In thefirst edition of White by Law, Haney LA3pez traced the reasoning employed by the courts in their efforts to justify the whiteness of some and the non-whiteness of others, and revealed the criteria that were used, often arbitrarily, to determine whiteness, and thus citizenship: skin color, facial features, national origin, language, culture, ancestry, scientific opinion, and, most importantly, popular opinion.
Ten years later, Haney LA3pez revisits the legal construction of race, and argues that current race law has spawned a troubling racial ideology that perpetuates inequality under a new guise: colorblind white dominance. In a new, original essay written specifically for the 10th anniversary edition, he explores this racial paradigm and explains how it contributes to a system of white racial privilege socially and legally defended by restrictive definitions of what counts as race and as racism, and what doesn't, in the eyes of the law. The book also includes a new preface, in which Haney LA3pez considers how his own personal experiences with white racial privilege helped engender White by Law.
For all the diversity of views within the animal protection movement, there is a surprising consensus about the need for more severe criminal justice interventions against animal abusers. More prosecutions and longer sentences, it is argued, will advance the status of animals in law and society. Breaking from this mold, Professor Justin Marceau demonstrates that a focus on 'carceral animal law' puts the animal rights movement at odds with other social justice movements, and may be bad for humans and animals alike. Animal protection efforts need to move beyond cages and towards systemic solutions if the movement hopes to be true to its own defining ethos of increased empathy and resistance to social oppression. Providing new insights into how the lessons of criminal justice reform should be imported into the animal abuse context, Beyond Cages is a valuable contribution to the literature on animal welfare and animal rights law.
Once largely ignored, judicial elections in the states have become increasingly controversial over the past two decades. Legal organizations, prominent law professors, and a retired Supreme Court justice have advocated the elimination of elections as a means to choose judges. One of their primary concerns is interest group involvement in elections to state supreme courts, which they see as having negative effects on both the courts themselves and public perceptions of these judicial bodies. In The Battle for the Court, Lawrence Baum, David Klein, and Matthew Streb present a systematic investigation into the effects of interest group involvement in the election of judges. Focusing on personal-injury law, the issue that has played the most substantial role in spurring interest group activity in judicial elections, the authors detail how interest groups mobilize in response to unfavorable rulings by state supreme courts, how their efforts influence the outcomes of supreme court elections, and how those outcomes in turn effectively reshape public policies. The authors employ several decades' worth of new data on campaign activity, voter behavior, and judicial policy-making in one particularly colorful, important, and representative state-Ohio-to explore these connections among interest groups, elections, and judicial policy in a way that has not been possible until now.
Equality is easy to grasp in theory but often hard to achieve in reality. In this accessible and wide-ranging work, American University law professor Robert L. Tsai offers a stirring account of how legal ideas that aren't necessarily about equality at all-ensuring fair play, behaving reasonably, avoiding cruelty, and protecting free speech-have often been used to overcome resistance to justice and remain vital today. Practical Equality is an original and compelling book on the intersection of law and society. Tsai, a leading expert on constitutional law who has written widely in the popular press, traces challenges to equality throughout American history: from the oppression of emancipated slaves after the Civil War to the internment of Japanese Americans during World War II to President Trump's ban on Muslim travelers. He applies lessons from these and other past struggles to such pressing contemporary issues as the rights of sexual minorities and the homeless, racism in the criminal justice system, police brutality, voting restrictions, oppressive measures against migrants, and more. Deeply researched and well argued, Practical Equality offers a sense of optimism and a guide to pursuing equality for activists, lawyers, public officials, and concerned citizens.
In the twenty-first century, fighting impunity has become both the rallying cry and a metric of progress for human rights. The new emphasis on criminal prosecution represents a fundamental change in the positions and priorities of students and practitioners of human rights and transitional justice: it has become almost unquestionable common sense that criminal punishment is a legal, political, and pragmatic imperative for addressing human rights violations. This book challenges that common sense. It does so by documenting and critically analyzing the trend toward an anti-impunity norm in a variety of institutional and geographical contexts, with an eye toward the interaction between practices at the global and local levels. Together, the chapters demonstrate how this laser focus on anti-impunity has created blind spots in practice and in scholarship that result in a constricted response to human rights violations, a narrowed conception of justice, and an impoverished approach to peace.
Congress regularly authorizes and requires administrative agencies to implement and enforce regulatory programs. As such, agencies routinely make decisions about when to promulgate regulations and when to enforce statutory requirements against parties who violate the law. During the 113th Congress, the Obama Administration announced that certain federal agencies would not enforce specific aspects of the Affordable Care Act (ACA) for a period of time in order to allow the public to further prepare for proper compliance with the law in the future. This has led to numerous questions regarding how courts treat administrative delays of regulatory programs. When can a suit be brought to force the agency to apply the law? It is important to distinguish between two distinct types of agency delays: (1) delays resulting from when an agency fails to meet a statutory deadline for promulgating rules or completing particular adjudications, and (2) affirmative decisions to withhold enforcement of a provision of law on the public at large. This book discusses the general legal principles applied in determining whether administrative delays are reviewable in court in these two different contexts and then address whether the procedures outlined in the Administrative Procedure Act (APA) are applicable to these delays.
Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the characteristics essential for the legal system to function properly. Consequently, the Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in "constitutional morality," Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America's original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle as impeding government from "doing the people's business." The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government in favor of a model rooted in French revolutionary claims. Progressives replaced a Constitution designed to mediate among society's different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. This vision has become ingrained in American legal and political culture-at the cost of the constitutional safeguards that preserve the rule of law.
Federal Judges was first published in 1972. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions.Despite the importance of federal judges in the system of American government, relatively little scholarly attention has been directed toward the process of appointing these judges -- how it operates and what types of individuals become judges. Professor Chase analyzes and evaluates the appointing system and makes some provocative proposals for changes which he believes would improve and strengthen the federal judicial system.The study is concerned with the appointing process as it applies to federal judges below the level of the Supreme Court who receive lifetime appointments. These are the judges who serve in what are known as Article III courts, the courts constituted by Congress in accordance with Article III of the Constitution. They include courts of appeals, district courts, the court of claims, the court of customs and patent appeals, and the customs court.For this study the author had access to Department of Justice records, and he observed for several months the negotiations and discussions in the department involving the selection of judges by President Kennedy's administration. He conducted extensive interviews with officials in the Kennedy administration as well as with officials in the Eisenhower and Johnson administrations who played leading roles in the appointment of judges. In addition, he interviewed many judges, lawyers, newsmen, and political leaders, as well as a sampling of U.S. senators and most of the recent chairmen of the American Bar Association's Committee on Federal Judiciary.
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