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Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws--the Citizenship Law and the Blood Law. Contrary to those who have insisted otherwise, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. He looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends the understanding of America's influence on racist practices in the wider world.
Making Anti-Racial Discrimination Law examines the evolution of anti-racial discrimination law from a socio-legal perspective. Taking a comparative and interdisciplinary approach, the book does not simply look at race and society or race and law but brings these areas together by drawing out the tension in the process, in different countries, by which race becomes a policy issue which is subsequently regulated by law. Moving beyond traditional social movement theory to include the extreme right wing as a social actor, the study identifies the role of extreme right wing confrontation in agenda setting and law-making, a feature often neglected in studies of social action. In so doing, it identifies the influence of both the extreme right and liberalism on anti-racial discrimination law. Focusing primarily on Great Britain and Germany, the book also demonstrates how national politics feeds into EU policy and identifies some of the challenges in creating a high and uniform level of protection against racial discrimination throughout the EU.
Using primary archival materials from Germany and the UK, the empirical richness of this book constitutes a valuable contribution to the field of anti-racial discrimination law, at both undergraduate and postgraduate level. The book will interest specialists and academics in law, sociology and political science as well as non-specialists, who will find this study stimulating and useful to expand their knowledge of anti-racial discrimination law or pursue teaching goals, policy objectives and reform agendas.
A robust defense of democratic populism by one of America's most renowned and controversial constitutional scholars-the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds-or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders' acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors' successes and profit from their mistakes, and sets up Ackerman's next volume, which will address how elites and insiders coopt and destroy the momentum of revolutionary movements.
For most Americans today, Roe v. Wade concerns just one thing: the right to choose abortion. But the Supreme Court's decision once meant much more. The justices ruled that the right to privacy encompassed the abortion decision. Grassroots activists and politicians used Roe-and popular interpretations of it-as raw material in answering much larger questions: Is there a right to privacy? For whom, and what is protected? As Mary Ziegler demonstrates, Roe's privacy rationale attracted a wide range of citizens demanding social changes unrelated to abortion. Movements questioning hierarchies based on sexual orientation, profession, class, gender, race, and disability drew on Roe to argue for an autonomy that would give a voice to the vulnerable. So did advocates seeking expanded patient rights and liberalized euthanasia laws. Right-leaning groups also invoked Roe's right to choose, but with a different agenda: to attack government involvement in consumer protection, social welfare, racial justice, and other aspects of American life. In the 1980s, seeking to unify a fragile coalition, the Republican Party popularized the idea that Roe was a symbol of judicial tyranny, discouraging anyone from relying on the decision to frame their demands. But Beyond Abortion illuminates the untapped potential of arguments that still resonate today. By recovering the diversity of responses to Roe, and the legal and cultural battles it energized, Ziegler challenges readers to come to terms with the uncomfortable fact that privacy belongs to no party or cause.
The Dutch Reformed Church, it was said in apartheid South Africa, was the National Party at prayer, and indeed, given that the Bible was so fundamental to much of the legislation that governed the apartheid state, that apparently satirical description had the ring of truth. `Religion in South Africa's past', writes Dhammamegha Annie Leatt, has been `saturated by politics' and politics `saturated by religion'. So how, she asks, was it possible for a new state to found itself without religious authority? Why did the churches give up so much of their political role in the transition? How can we think about tradition and the customary in relation to secularism? How can we not? In The State of Secularism Leatt guides the reader from a history of global political secularism through an exploration of the roles played by religion and traditional authority in apartheid South Africa to the position of religion in the post-apartheid state. She analyses the negotiations relating to religion in the constitution-making process, arguing that South Africa is both secular in its Constitution and judicial foundations and increasingly non-secular in its embrace of traditional authorities and customary law. In the final chapter Leatt turns her attention to post-apartheid South Africa, examining changing relationships between churches and the ruling African National Congress and the increasing influence of traditional leaders and evangelical Christians in an anti-liberal alliance. This book makes a tremendous contribution to the literature on postcolonial politics on the African continent. It has wonderful insights into the founding of a constitutional democracy in South Africa and will appeal to students in history, politics, sociology, anthropology and constitutional law.
Wade and Forsyth's Administrative Law has been a cornerstone text since its first edition in 1961. It provides a comprehensive and perceptive account of the principles of judicial review and the administrative arrangements of the United Kingdom. For over fifty years, Administrative Law has been trusted by students in the UK and internationally and is extensively cited by Courts in England and Wales. The book's clarity of exposition makes it accessible to the student approaching the subject for the first time, whilst its breadth of coverage and perceptive insight ensure its value to all interested in this field, academics and practitioners alike.
This book explores the possible economic implications of large shifts in the supply of foreign-born, hired farm labour that could result from substantial changes in U.S. immigration laws or policies. Hired labour is an important input to U.S. agricultural production, accounting for about 17 percent of variable production expenses and about 40 percent of such expenses for fruit, vegetables, and nursery products. Over the past 15 years, roughly half of the hired labourers employed in U.S. crop agriculture have lacked the immigration status needed to work legally in the United States. Thus, changes in immigration laws or policies could lead to markedly different economic outcomes in the agricultural sector and the market for hired farm labour. The same is generally true for other economic sectors that rely on large numbers of unauthorised workers.
This book considers, in a comparative perspective, important trends and issues affecting the law on rights of personality in jurisdictions drawn from the families of common law, civilian law and mixed legal systems. The main focus is on the private law of personality rights but due regard is paid to the impact thereon of constitutional legislation and other instruments protecting human rights. Table of cases, table of statures and an index are included.
This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.
VA's adaptive sports grant program distributes $8 million annually to organisations that provide sports activities for veterans and service members with disabilities. The U.S. Olympic Committee (USOC) played an intermediary role from fiscal year 2010, when the program was implemented, through 2013. USOC received funds from VA and subgranted them to selected grantees. VA is now responsible for selecting grantees and program administration. This book reviews how VA selected grantees to provide activities for veterans and service members with disabilities; how VA monitors grantees' use of funds; and what programs and activities were supported with fiscal year 2014 funds, and what is known about its benefits.
A riveting new examination of the leading progressive justice of his era, published in the centennial year of his confirmation to the U.S. Supreme Court According to Jeffrey Rosen, Louis D. Brandeis was "the Jewish Jefferson," the greatest critic of what he called "the curse of bigness," in business and government, since the author of the Declaration of Independence. Published to commemorate the hundredth anniversary of his Supreme Court confirmation on June 1, 1916, Louis D. Brandeis: American Prophet argues that Brandeis was the most farseeing constitutional philosopher of the twentieth century. In addition to writing the most famous article on the right to privacy, he also wrote the most important Supreme Court opinions about free speech, freedom from government surveillance, and freedom of thought and opinion. And as the leader of the American Zionist movement, he convinced Woodrow Wilson and the British government to recognize a Jewish homeland in Palestine. Combining narrative biography with a passionate argument for why Brandeis matters today, Rosen explores what Brandeis, the Jeffersonian prophet, can teach us about historic and contemporary questions involving the Constitution, monopoly, corporate and federal power, technology, privacy, free speech, and Zionism.
Law and sacrifice draws on the uniquely expanisve protection of the fundamental rights now entrenched in the South African constitution to outline a new theory of law. Johan van der Walt argues that apartheid must be understood as more than a racist abuse of power, and here he articulates its 'sacrificial logic'. It is in going beyond this logic that the truly democratic potential of the South African Constitution can be understood. Combining a rigorous theoretical understanding with a subtle political engagement, Law and Sacrifice is a dazzling interrogation of the limits and possibilities of democratic pluralism.
Many Westerners have offered interpretations of Iraq's nation-building progress in the wake of the 2003 war and the eventual withdrawal of American troops from the country, but little has been written by Iraqis themselves. This forthright book fills in the gap. Zaid Al-Ali, an Iraqi lawyer with direct ties to the people of his homeland, to government circles, and to the international community, provides a uniquely insightful and up-to-date view of Iraq's people, their government, and the extent of their nation's worsening problems. The true picture is discouraging: murderous bombings, ever-increasing sectarianism, and pervasive government corruption have combined to prevent progress on such crucial issues as security, healthcare, and power availability. Al-Ali contends that the ill-planned U.S. intervention destroyed the Iraqi state, creating a black hole which corrupt and incompetent members of the elite have made their own. And yet, despite all efforts to divide them, Iraqis retain a strong sense of national identity, Al-Ali maintains. He reevaluates Iraq's relationship with itself, discusses the inspiration provided by the events of the Arab Spring, and redefines Iraq's most important struggle to regain its viability as a nation.
Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.
The increasing litigation against criminal justice practitioners in the United States poses a significant problem for law enforcement and other personnel. Law enforcement and corrections professionals need to have a working knowledge of both criminal law and the civil law process to ensure that they are performing their duties within the limits of the law. Civil Liability in Criminal Justice, 7th Edition, provides valuable information and recommendations to current and future officers and correctional system employees, introducing them to civil liability and federal law, as well as recommending strategies that can be taken to minimize risks. Civil Liability in Criminal Justice is unique in its combination of applicable case law and related liability research, while still providing an overview of current case law in high-liability areas. This new edition, revised to include up-to-date United States Supreme Court cases, including liability trends on the use of force, arrest-related deaths, custodial suicides in detention, qualified immunity, and the outcomes of the Department of Justice and the application of Section 14141, additional context for liability issues, and extended coverage of collective bargaining and public perception, is a valuable resource for enhancing student knowledge and practitioner job performance. The text is suitable for undergraduate and graduate courses in Criminal Justice programs as well as for in-service and academy training. Ross offers an engaging, accessible introduction to this aspect of the US criminal justice system.
The United States is in the midst of a heated conversation over how the Constitution impacts national security. In a traditional reading of the document, America uses military force only after a full and informed national debate. However, modern presidents have had unparalleled access to the media as well as control over the information most relevant to these debates, which jeopardizes the abilities of a democracy's citizens to fully participate in the discussion. In Freeing Speech, John Denvir targets this issue of presidential dominance and proposes an ambitious solution: a First Amendment that makes sure the voices of opposition are heard. Denvir argues that the First Amendment's goal is to protect the entire structure of democratic debate, even including activities ancillary to the dissemination of speech itself. Assessing the right of political association, the use of public streets and parks for political demonstrations, the press' ability to comment on public issues, and presidential speech on national security, Denvir examines why this democratic model of free speech is essential at all times, but especially during the War on Terror.
The first book to comprehensivelydescribe the history, theory, and application of prosecutorial discretion inimmigration law When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted "nonpriority" status pursuant to INS's (now DHS's) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the "truly dangerous" in order to conserve resources and to bring compassion into immigration enforcement. The Lennon case marked the first moment that the immigration agency's prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama Administration's Deferred Action for Childhood Arrivals or DACA program, a record number of deportations and a stalemate in Congress to move immigration reform. Beyond Deportation is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law. It provides a rich history of the role of prosecutorial discretion in the immigration system and unveils the powerful role it plays in protecting individuals from deportation and saving the government resources. Shoba Sivaprasad Wadhia draws on her years of experience as an immigration attorney, policy leader, and law professor to advocate for a bolder standard on prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of "deferred action" in the law as a formal benefit.
"Guns don't kill people; people kill people." "When guns are outlawed, only outlaws will have guns." "An armed society is a polite society." Who hasn't heard these engaging assertions, time and time again? Burned into the national consciousness by years of targeted, disciplined messaging by the National Rifle Association and others, they are just a few of the bumper-sticker slogans that have defined the gun control debate in America. Long ridiculed by gun control advocates, they are the first words that come to mind for most Americans when the gun issue is discussed. This is the first book both to acknowledge the profound and deadly impact of the gun lobby's bumper-sticker logic on the gun control debate and to systematically expose the misguided thinking at the core of the pro-gun slogans. Indeed, the author contends that the gun lobby's remarkable success in blocking passage of lifesaving gun laws is the result, in large part, of its relentless and effective use of these simple and resonant messages. Their persuasive power has been a largely ignored influence on the current politics of gun control, in which the gun lobby wields unprecedented power in the Republican Party, while many Democratic Party leaders see the policy benefits of stronger gun laws as not worth the political risk of standing up to the NRA. The book contends that the current political stalemate over guns will never be broken until the pro-gun slogans are exposed as the cleverly disguised fallacies that they are.
Who controls how one's identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity-a little-known law, often wielded by celebrities-to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity's emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right's subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right's origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from "wrongful publicity." This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes' images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
The Health Insurance Portability and Accountability Act (HIPAA) of 1996 (PL 104-191) continues to generate numerous questions. What kinds of policies does it cover? Does it help people who are currently uninsured? Does it help people with pre-existing medical conditions? How does it affect health insurance premiums? How do its requirements interact with the Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation coverage? Answers to those questions are provided, as well as descriptions of each of the major section of HIPAA. Contents:
This revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarize readers with the style, technique, and language of the Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.
The tenth edition of the Immigration Law Handbook continues to bring together all the key materials relevant to Immigration and Asylum Law in one, essential reference tool for those practicing in the field. For practitioners undertaking The Law Society's Immigration and Asylum Accreditation Scheme, this is the only text allowed within the open-book exam. This new edition includes the text of the Immigration Act 2016, which will make substantial changes to existing legislation. Other new texts provided includes a series of changes to the Immigration Rules made in 2016, such as the Immigration Act May 2016 that introduced new guidelines and sanctions on illegal workers and illegal migrants. Further additions to the Handbook provide coverage of the updated 2013 Practice Statement on Immigration Judicial Reviews of the Upper Tribunal, the Modern Slavery Act 2015, and the Transfer for Determination of an Application for International Protection Regulations 2017. This coverage of recent new legislation sits alongside existing important legislation to maintain the strengths of the handbook as a reference tool whilst providing the reader with up-to-date access to all new developments in a single volume. Useful links to online materials are provided to guide readers towards supplementary information. The Immigration Law Handbook has established itself as the gold standard in the field and has become an invaluable resource for immigration practitioners including Asylum and Immigration Tribunal judges and barristers, and solicitors and caseworkers working in immigration, asylum, and human rights law.
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