The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed have provided a new universal standard for topics ranging from cultural diversity, cultural heritage, the right to artistic freedom and the effects of today's intellectual property regimes. This book's team of international contributors reflects upon the many aspects of cultural rights discussed in Faridah Shaheed's reports and discusses how cultural rights support cultural diversity, foster intercultural dialogue and contribute to inclusive social, economic and political development. Drawing from a range of disciplines, the contributing authors explore the meaning and position of cultural rights and the implications these may have for international relations, the international legal order and cross-cultural understanding, while also offering recommendations for the future. Key topics discussed include the link between culture and science, gender and human rights, rights to artistic freedom, the importance of historical narratives and the impact of advertising and marketing on the enjoyment of cultural rights. This worthwhile contribution to the current cultural rights debate will be of interest to academics and students teaching and studying in the fields of culture, heritage and human rights as well as policymakers who are working within cultural rights related issues. Contributors include: S. Amin, L. Belder, Y.M. Donders, H. Hagtvedt Vik, L. Hughes, J. Kall, F. Macmillan, M. Mann, H. Porsdam, D. Shabalala, F. Shaheed, S. Teilmann-Lock

By reminding readers that early Supreme Court justices refused to reduce the Constitution to a mere legal document, Approaching the U.S. Constitution provides a definitive response to Reading Law by Antonin Scalia and Bryan Garner. Turning to the vision of Alexander Hamilton found in Federalists No. 78, Hunter argues that rather than seeing the judiciary as America's legal guardian, Hamilton looked to independent individuals of integrity on the judiciary to be the nation's collective conscience. For Hamilton, the judiciary's authority over the legislature does not derive from positive law but is extra-legal by 'design' and is purely moral. By emphasizing the legal expertise of judges alone, individuals such as Justice Scalia mistakenly demand that judges exercise no human ethical judgment whatsoever. Yet the more this happens, the more the "rule of law" is replaced by the rule of lawyers. Legal sophistry becomes the primary currency wherewith society's ethical and moral questions are resolved. Moreover, the alleged neutrality of legal analysis is deceptive with its claims of judicial modesty. It is not only undemocratic, it is dictatorial and highly elitist. Public debate over questions of fairness is replaced by an exclusive legalistic debate between lawyers over what is legal. The more Scalia and Garner realize their agenda, the more all appeals to what is moral will be effectively removed from political debate. 'Conservatives' lament the 'removing God from the classroom,' by 'liberals,' yet if the advocates of legalism get their way, God will be effectively removed from the polis altogether. The answer to preserving both separation of powers and the American commitment to unalienable human rights is to view the Supreme Court in the same way early founders such as Hamilton did and in the way President Abraham Lincoln urged. The Court's most important function in exercising the power of judicial review is to serve as the nation's conscience just as it did in Brown v. Board of Education.

House of Lords reform is often characterised as unfinished business: a riddle that has been left unanswered since 1911. But rarely can an unanswered riddle have had so many answers offered, even though few have been accepted; indeed, when Viscount Cave was invited in the mid-1920s to lead a Cabinet committee on Lords reform, he complained of finding 'the ground covered by an embarrassing mass of proposals'.That embarrassing mass increased throughout the twentieth century. Much ink has been spilled on what should be done with the upper House of Parliament; much less ink has been expended on why reform has been so difficult to achieve. This book analyses in detail the principal attempts to reform the House of Lords. Starting with the Parliament Act of 1911 the book examines the century of non-reform that followed, drawing upon substantial archival sources, many of which have been under-utilised until now. These sources challenge many of the existing understandings of the history of House of Lords reform and the reasons for success or failure of reform attempts. The book begins by arguing against the popular idea that the 1911 Act was intended by its supporters to be a temporary measure. 'No one - peers included - should be allowed to pronounce about the future of the House of Lords without reading Chris Ballinger's authoritative, shrewd and readable account about reform attempts over the past century. He punctures several widely-held myths and claims in the current debate.' Rt Hon Peter Riddell CBE Director, Institute for Government and former Hansard Society chair 'This is at once an impeccably researched academic study, and a thoroughly readable account loaded with lessons for today's would-be Lords reformers.' Lord (David) Lipsey

This open access book explains why a democratic reckoning will start when European societies win the fight against COVID-19. Have democracies successfully mastered the challenges of the pandemic? How has the coronavirus impacted democratic principles, processes and values? At the heels of the worst public health crisis in living memory, this book shines an unforgiving light on the side-lining of parliaments, the ruling by governmental decrees and the disenfranchisement of the people in the name of fighting COVID-19. Pandemocracy in Europe situates the dramatic impact of COVID-19, and the fight against the virus, on Europe's democracies. Throughout its 17 contributions the book sets the theoretical stage and answers the democratic questions engaged by health emergencies. Seven national case studies - UK, Germany, Italy, Sweden, Hungary, Switzerland, and France - show, each time with a pronounced focus on a particular element of democracy, how different states reacted to the pandemic. The book also shifts the analytical gaze beyond the nation state towards international settings, looking at the effects on the European Union and considering the impact on populist movements. Bridging disciplines and uniting a stellar cast of scholars on democracy, rule of law and constitutionalism, the book provides contours and nuances to a year of debates in political science, international relations and law on the impact of the virus on democracies. In times of uncertainty, Pandemocracy in Europe provides analysis and answers to the democratic challenges of the coronavirus. The ebook editions of this book are available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.

This book addresses a seemingly paradoxical situation. On the one hand, nationalism from Scotland to the Ukraine remains a resilient political dynamic, fostering secessionist movements below the level of the state. On the other, the competence and capacity of states, and indeed the coherence of nationalism as an ideology, are increasingly challenged by patterns of globalisation in commerce, cultural communication and constitutional authority beyond the state. It is the aim of this book to shed light on the relationship between these two processes, addressing why the political currency of nationalism remains strong even when the salience of its objective - independent and autonomous statehood - becomes ever more attenuated. The book takes an interdisciplinary approach both within law and beyond, with contributions from international law, constitutional law, constitutional theory, history, political science and sociology. The challenge for our time is considerable. Global networks grow ever more sophisticated while territorial borders, such as those in Eastern and Central Europe, become seemingly more unstable. It is hoped that this book, by bringing together areas of scholarship which have not communicated with one another as much as they might, will help develop an ongoing dialogue across disciplines with which better to understand these challenging, and potentially destabilising, developments.

Human rights are at a crossroads. This book considers how these rights can be reconstructed in challenging times, with changes in the pathways to the realization of human rights and new developments in human rights law and policy, illustrated with case studies from Africa, Europe, and the Americas. Contesting Human Rights traces the balance between the dynamics of diffusion, resistance and innovation in the field. The book examines a range of issues from the effectiveness of norm-promotion by advocacy campaigns to the backlash facing human rights advocates. The expert contributors suggest that new opportunities at and below the state level, and creative contests of global governance, can help reconstruct human rights in the face of modern challenges. Critical case studies trace new pathways emerging in the United Nations' Universal Periodic Review, regional human rights courts, constitutional incorporation of international norms, and human rights cities. With its innovative approach to human rights and comprehensive coverage of global, national and regional trends, Contesting Human Rights will be an invaluable tool for scholars and students of human rights, global governance, law and politics. It will also be useful for human rights advocates with a keen interest in the evolution of the human rights landscape. Contributors include: G. Andreopoulos, C. Apodaca, P.M. Ayoub, A. Brysk, P. Elizalde, A. Feldman, M. Goodhart, C. Hillebrecht, P.C. McMahon, S. Meili, M. Mullinax, A. Murdie, B. Park, W. Sandholtz, M. Stohl

Religious freedom is now widely accepted as fundamental to any liberal democracy. It is recognised in domestic, regional, and international human rights instruments and its importance is lauded by philosophers, lawyers, judges, clergy, and even politicians. While it is easy to support religious freedom in the abstract, tensions can arise between the activities of religious organizations and the law that challenge this general commitment to religious freedom. Should religious organizations be permitted to discriminate against women or gay people in their employment practices, when admitting members, or in providing goods and services? Should the courts interfere in these organizations to protect the interests of a disaffected member or to resolve internal property disputes? Should the state allow religious tribunals to determine or advise on family matters? While much has been written about religious individuals and the law, there has been a discernible lack of literature on organizations and the law. Jane Norton fills this gap with Freedom of Religious Organizations. By exploring potential conflicts between the law and religious organizations, and examining whether the current British response to such conflicts is justified, this book will consider when English law ought to apply to religious organizations and how these conflicts should be dealt with.

Originally published: Chapel Hill: The University of North Carolina Press, 1940. viii, 436 pp. This was the first comprehensive treatise on the legal status of the African-American as interpreted by United States courts in cases involving civil rights and citizenship. Some of the topics examined in this work are land ownership, involuntary servitude, segregation, failure to provide accommodations in charitable and penal institutions, interracial marriage, illegitimate offspring and adoption, as well as consideration of such factors as mob domination at trials of African-Americans, race discrimination in jury selection, racial prejudice of jurors, the voting franchise during reconstruction and its aftermath and attempts to keep African-Americans away from the polls. While lacking a table of cases per se, the treatise is well-annotated with citations to relevant cases, and includes a bibliography and index.
Charles S. Mangum, Jr. 1902-1980] was a Research Fellow at the University of North Carolina. His other notable work is The Legal Status of the Tenant Farmer in the Southeast (1952).
"An enormous compendium of cases, it is a product of sound and painstaking scholarship, brilliant in design, thorough in execution, and deft in style." -Jerome H. Springarn, Columbia Law Review (1940) 40:1118

More than the story of one man's case, this book tells the story of entire generations of people marked as "mixed race" in America amid slavery and its aftermath, and being officially denied their multicultural identity and personal rights as a result. Contrary to popular misconceptions, Plessy v. Ferguson was not a simple case of black vs. white separation, but rather a challenging and complex protest for U.S. law to fully accept mixed ancestry and multiculturalism. This book focuses on the long struggle for individual identity and multicultural recognition amid the dehumanizing and depersonalizing forces of American Negro slavery-and the Anglo-American white supremacy that drove it. The book takes students and general readers through the extended gestation period that gave birth to one of the most oft-mentioned but widely misunderstood landmark law will cases in U.S. history. It provides a chronology, brief biographies of key figures, primary documents, an annotated bibliography, and an index all of which provide easy reading and quick reference. Modern readers will find the direct connections between Plessy's story and contemporary racial currents in America intriguing.

Who are "The Legal Warriors" in this book? Some might think these are lawyers. But that is wrong. The real Legal Warriors in this book are the poor individuals and families who daily struggle to gain their rights. The real Legal Warriors are their community groups fighting for justice and improvements in society. These fighters include families struggling to save their homes from foreclosure. They are the neighborhood organizations combatting the industrial polluters who poison our water and air. They are the soldiers who skirmish to keep their gas and lights on. They are newcomers who come to our region to seek a "fresh start in life." These are only some of the legal warriors that I have been privileged to serve in my fifty years of legal work. To all of them I say thank you for sharing your battles with me. This book is dedicated to you. I pray and hope that the Good Lord blesses you and your communities with many well-deserved legal victories in all of your struggles.

This book provides international readers with basic knowledge of Chinese civil procedure and succinct explanations of essential issues, fundamental principles and particular institutions in Chinese civil procedure and the conflict of laws. The book begins with a survey of the Chinese procedural law and an overview of Chinese civil procedure and then focuses on essential aspects of court jurisdiction and trial procedure in civil matters. In view of the traditional importance of alternative dispute resolution in China, mediation (conciliation) and arbitration are also discussed with corresponding comparisons to civil procedure. The book also discusses issues relating to the conflict of laws, i.e. international jurisdiction under the Chinese international civil procedure law, recognition and enforcement of foreign judgments as well as Chinese choice of law rules. Focus is directed toward the Chinese Statute on the Application of Laws to Civil Relationships Involving Foreign Elements of 28 October 2010, which entered into force on 1 April 2011. CHEN Weizuo is Director of the Research Centre for Private International Law and Comparative Law at Tsinghua University's School of Law in Beijing. He has a Doctor of Laws degree from Wuhan University, China; an LL.M. and doctor iuris, Universit t des Saarlandes, Germany; professeur invit la Facult internationale de droit compar de Strasbourg, France (since 2003); professeur invit l'Universit de Strasbourg, France. He has published extensively on the international laws and his publications have appeared both in and outside China. He has taught a special course in French at the Hague Academy of International Law during its 2012 summer session of private international law.

This book examines the idea of a fundamental entitlement to health and healthcare from a human rights perspective. The volume is based on a particular conceptual reasoning that balances critical thinking and pragmatism in the context of a universal right to health. Thus, the primary focus of the book is the relationship or contrast between rights-based discourse/jurisprudential arguments and real-life healthcare contexts. The work sets out the constraints that are imposed on a universal right to health by practical realities such as economic hardship in countries, lack of appropriate governance, and lack of support for the implementation of this right through appropriate resource allocation. It queries the degree to which the existence of this legally enshrined right and its application in instruments such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR) can be more than an ephemeral aspiration but can, actually, sustain, promote, and instil good practice. It further asks if social reality and the inequalities that present themselves therein impede the implementation of laudable human rights, particularly within marginalised communities and cadres of people. It deliberates on what states and global bodies do, or could do, in practical terms to ensure that such rights are moved beyond the aspirational and become attainable and implementable. Divided into three parts, the first analyses the notion of a universal inalienable right to health(care) from jurisprudential, anthropological, legal, and ethical perspectives. The second part considers the translation of international human rights norms into specific jurisdictional healthcare contexts. With a global perspective it includes countries with very different legal, economic, and social contexts. Finally, the third part summarises the lessons learnt and provides a pathway for future action. The book will be an invaluable resource for students, academics, and policymakers working in the areas of health law and policy, and international human rights law.

Governments have always endured economic woes, but the increasing severity of such challenges, from the Great Recession starting in 2008 to the unprecedented impact of the COVID-19 pandemic, highlights the need for better-developed fiscal analysis capacity in governments of all sizes using the most practical-yet robust-techniques available. This volume presents an array of real-world analytical approaches in a variety of service areas at the core of state and local government. The concrete insights provided by this book serve as important tools for policy analysts, government officials charged with policy implementation, and public finance scholars across developing and developed countries looking for the essential, high-level analytical skills needed to expand internal capacity to weather uncertain economic environments. The book bridges the research-practice gap and provides practical tools for state and local fiscal analysis, including a detailed how-to guide for producing local tax expenditure reports, an age-based homestead exemption estimate calculator with guide, and simple methods for fuzzy matching administrative data. It is backed up with a depth and breadth of case studies on governments of a variety of sizes. Public officials and analysts in local state/regional institutions and international institutions with a public policy focus as well as public finance scholars across developing and developed countries will find invaluable the analyses and tools provided by this book. It also serves as a key resource for students, researchers, and instructors across public policy.