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The remarkable story of the innovative legal strategies Native Americans have used to protect their religious rights From North Dakota's Standing Rock encampments to Arizona's San Francisco Peaks, Native Americans have repeatedly asserted legal rights to religious freedom to protect their sacred places, practices, objects, knowledge, and ancestral remains. But these claims have met with little success in court because Native American communal traditions don't fit easily into modern Western definitions of religion. In Defend the Sacred, Michael McNally explores how, in response to this situation, Native peoples have creatively turned to other legal means to safeguard what matters to them. To articulate their claims, Native peoples have resourcefully used the languages of cultural resources under environmental and historic preservation law; of sovereignty under treaty-based federal Indian law; and, increasingly, of Indigenous rights under international human rights law. Along the way, Native nations still draw on the rhetorical power of religious freedom to gain legislative and regulatory successes beyond the First Amendment. The story of Native American advocates and their struggle to protect their liberties, Defend the Sacred casts new light on discussions of religious freedom, cultural resource management, and the vitality of Indigenous religions today.
This edited volume examines the link between constitutional asymmetry and multinationalism in multi-tiered systems through a comprehensive and rigorous comparative analysis, covering countries in Europe, Africa and Asia. Constitutional asymmetry means that the component units of a federation do not have equal relationships with each other and with the federal authority. In traditional federal theories, this is considered an anomaly. The degree of symmetry and asymmetry is seen as an indicator of the degree of harmony or conflict within each system. Therefore symmetrisation processes tend to be encouraged to secure the stability of the political system. However, scholars have linked asymmetry with multinational federalism, presenting federalism and asymmetry as forms of ethnical conflict management. This book offers insights into the different types of constitutional asymmetry, the factors that stimulate symmetrisation and asymmetrisation processes, and the ways in which constitutional asymmetry is linked with multinationalism.
Erskine May is the eponymous guide to parliamentary practice and procedure, providing accurate and detailed information on the constituent parts of Parliament, its powers and jurisdictions, membership of either House, financial procedure and the process of debate. Alongside the incremental changes to and refinements of parliamentary practice which happen all the time, the 25th edition covers many significant developments since the last edition in 2011, including: * A new chapter on "English Votes for English Laws" introduced following the 2015 General Election, which details the varied and complex ways in which these engage with both primary and secondary legislation. * The process of implementing the outcome of the 2016 referendum on the UK's membership of the EU. An account is given of the procedures in both Houses for the scrutiny and approval of the transposition of EU law into UK law. * Further parliamentary consequences of the coalition government that took office in 2010, including the reforms introduced by the Wright Committee, the evolving impact of the introduction of the new category of "backbench business" and the election of Deputy Speakers in the House. * An e-petitions system overseen by a new Petitions Committee set up in 2015. * Changes to select committee working practices and powers under their new elected chairs. * A new financial timetable introduced in 2017 with the Chancellor's annual budget statement moving from Spring to Autumn, and a change to how Estimates Day debates are handled. * Important reforms to how the conduct of both MPs and members of the Lords is governed and how breaches of the respective codes are pursued. * Continuing arguments over the future of parliamentary privilege. Recent relevant court cases and developments within Parliament are assessed, including the 2013 Joint Committee on Parliamentary Privilege.
When Louis XVI presented Benjamin Franklin with a snuff box encrusted with diamonds and inset with the King's portrait, the gift troubled Americans: it threatened to "corrupt" Franklin by clouding his judgment or altering his attitude toward the French in subtle psychological ways. This broad understanding of political corruption--rooted in ideals of civic virtue--was a driving force at the Constitutional Convention. For two centuries the framers' ideas about corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. Should a law that was passed by a state legislature be overturned because half of its members were bribed? What kinds of lobbying activity were corrupt, and what kinds were legal? When does an implicit promise count as bribery? In the 1970s the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United. In 2010, one of the most consequential Court decisions in American political history gave wealthy corporations the right to spend unlimited money to influence elections. Justice Anthony Kennedy's majority opinion treated corruption as nothing more than explicit bribery, a narrow conception later echoed by Chief Justice Roberts in deciding McCutcheon v. FEC in 2014. With unlimited spending transforming American politics for the worse, warns Zephyr Teachout, Citizens United and McCutcheon were not just bad law but bad history. If the American experiment in self-government is to have a future, then we must revive the traditional meaning of corruption and embrace an old ideal.
Originally published by the University of Chicago Press to
commemorate the bicentennial of the United States Constitution,
"The Founders' Constitution" is arguably the most important of all
resources on the principles of the Framers of the American
republic. As the editors explain, the work consists of "extracts
from the leading works of political theory, history, law, and
constitutional argument on which the Framers and their
contemporaries drew and which they themselves produced." In
cooperation with University of Chicago Press, Liberty Fund has
prepared this new paperback edition of the entire work in five
volumes: Volume 1: Major Themes
Human rights are considered one of the big ideas of the early twenty-first century. This book presents in an authoritative and readable form the variety of platforms on which human rights law is practiced today, reflecting also on the dynamic inter-relationships that exist between these various levels. The collection has a critical edge. The chapters engage with how human rights law has developed in its various subfields, what (if anything) has been achieved and at what cost, in terms of expected or produced unexpected side-effects. The authors pass judgment about the consistency, efficacy and success of human rights law (set against the standards of the field itself or other external goals). Written by world-class academics, this Companion will be essential reading for students and scholars of human rights law.
The Developmental Disabilities Assistance and Bill of Rights Act (commonly known as the DD Act) provides federal financial assistance to states and public and non-profit agencies to support community-based delivery of services to persons with developmental disabilities. The DD Act defines developmental disabilities (DD) as severe, life-long disabilities attributable to mental and/or physical impairment. The aim of the DD Act is to help individuals with DD maximise their potential through increased independence, productivity, inclusion and integration into the community. This book provides background and funding information on DD Act programs, discusses evaluation activities, and summarises recent legislative efforts related to the DD Act.
In the United States more than thirty thousand deaths each year can be attributed to firearms. This book on the history of guns in America examines the Second Amendment and the laws and court cases it has spawned. The author's thorough and objective account shows the complexities of the issue, which are so often reduced to bumper-sticker slogans, and suggests ways in which gun violence in this country can be reduced. Briggs profiles not only protagonists in the national gun debate but also ordinary people, showing the ways guns have become part of the lives of many Americans. Among them are gays and lesbians, women, competitive trapshooters, people in the gun-rights and gun-control trenches, the NRA's first female president, and the most successful gunsmith in American history. Balanced and painstakingly unbiased, Briggs's account provides the background needed to follow gun politics in America and to understand the gun culture in which we are likely to live for the foreseeable future.
The American Supreme Court is one of the most powerful and controversial judicial bodies in the world. The Court has assumed the role of settling fundamental issues of American social policy through its power of constitutional interpretation, and its rulings are among the most divisive, and controversial events in American political life. How did the American court come to acquire such power? How does it maintain its authority and public confidence in the face of deep political divides. In this book Stephen Breyer, a leading intellect in the current Court, gives an insider's view on how America's Supreme Court came to acquire such a prominent role in American public life, how the Court operates, and how it can continue to maintain the trust of the American public as the final arbiter of the values underlying America's democratic constitution. Breyer introduces the history of the Court by telling the stories of the landmark cases that defined the role the Court would play in American politics. He then offers a powerful restatement of his views on how a constitutional court should fulfil its function as final interpreter of a democratic constitution. In doing so, he examines some of the Court's most controversial recent decisions, on issues such as the legality of detention in Guantanamo Bay, and the scope of protection of gun ownership in Heller. The book offers a unique introduction to how the American Supreme Court does and should operate, invaluable to all students of American law and politics, and anyone looking to understand the workings of American politics.
Why free speech is the lifeblood of colleges and universities Free speech is under attack at colleges and universities today, with critics on and off campus challenging the value of open inquiry and freewheeling intellectual debate. Too often speakers are shouted down, professors are threatened, and classes are disrupted. In Speak Freely, Keith Whittington argues that universities must protect and encourage free speech because vigorous free speech is the lifeblood of the university. Without free speech, a university cannot fulfill its most basic, fundamental, and essential purposes, including fostering freedom of thought, ideological diversity, and tolerance. Examining such hot-button issues as trigger warnings, safe spaces, hate speech, disruptive protests, speaker disinvitations, the use of social media by faculty, and academic politics, Speak Freely describes the dangers of empowering campus censors to limit speech and enforce orthodoxy. It explains why free speech and civil discourse are at the heart of the university's mission of creating and nurturing an open and diverse community dedicated to learning. It shows why universities must make space for voices from both the left and right. And it points out how better understanding why the university lives or dies by free speech can help guide everyone-including students, faculty, administrators, and alumni-when faced with difficult challenges such as unpopular, hateful, or dangerous speech. Timely and vitally important, Speak Freely demonstrates why universities can succeed only by fostering more free speech, more free thought-and a greater tolerance for both.
How American race law provided a blueprint for Nazi Germany 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.
Globalization and migration increasingly challenge the political and judicial systems of Western nation states. The more or less secular judicial systems of these states are challenged by the traditional religious and judicial practices of immigrants, especially in the case of problems of family law, such as marriage divorce and inheritance. The present articles focus on the relationship between religion and law in multicultural societies by supplying comparative examples of how the practice of diverse law systems in modern states may lead to conflict or co-existence. The articles will not only consist of examples from various Western contexts, but will also contain comparative examples from a few post-colonial, non-Western societies with a long experience in dealing with problems relating to multiculturalism and religious pluralism. This collection of papers on "Law and Religion in Multicultural Societies" is the product of a lecture series given in Copenhagen in Autumn 2006. The authors were each invited to deliver a lecture in a weekly series at the Department of Cross-Cultural and Regional Studies, University of Copenhagen. The participants were students, teachers and interested people from outside the University. The series provided an opportunity for the lecturers to interact with a wider public, and they later revised the texts of their lectures in the light of the feedback and discussions which were held after their lectures. This collection of papers thus addresses a fundamental problem in human society. The tension between law and religion has existed from ancient times but has gained global scope and intense urgency in recent years.
In the first full length examination of the topic, Ethical Citizenship rediscovers a significant and distinctive contribution to how we might understand citizenship today. Leading international scholars bring together theory and practice to explore its historical roots, contemporary relevance and application to international politics.
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. -- .
Austerity and Law in Europe presents an interdisciplinary collection of essays that challenge traditional narratives of austerity. The contributions recast austerity as a historically contingent political rationality that operates through law and technocracy. * A collection of essays that tackles the relationship between austerity and law within and outside the European Union * Draws on a set of interdisciplinary contributions, incorporating insights from European law, economic history, legal theory, and economics * Reveals how austerity measures in Europe were not implemented as an outcome of legal or economic necessity, but were a political choice * Presents austerity as a historically contingent political rationality which gained a legal endorsement in the EU law and policy without foreclosing the possibilities for contestation either through law or politics
In the nearly 25 years since the Comprehensive Crime Control Act of 1984 authorised federal officials to implement a national asset forfeiture program, asset forfeiture has become one of the most powerful tools for targeting criminals, including drug dealers and white collar criminals, who prey on the vulnerable for financial gain. Forfeiture statutes are now prevalent throughout the federal legal code and their use, along with other important anti-crime measures, has had a significant impact on crime. One of the most important provisions of asset forfeiture is the authorisation to share federal forfeiture proceeds with co-operating state and local law enforcement agencies. The Department of Justice Asset Forfeiture Program serves not only to deter crime but also to provide valuable additional resources to state and local law enforcement agencies. This book examines the U.S. Department of Justice Asset Forfeiture Policy Manual and Guide to Equitable Sharing Manual, with a focus on assisting state and local law enforcement agencies participating in the program by clarifying the directives they must follow to obtain and use equitably shared funds.
How the Supreme Court's move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just "calling balls and strikes." The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices' impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism-a move that would restore to the other branches of government a role in deciding constitutional questions.
Historian Chris Bray (a former soldier) tells the sweeping story of military justice from the institution of the American court martial in the earliest days of the Republic to contemporary arguments over how to use military courts to try foreign terrorists or soldiers accused of sexual assault.
Constitutional Change through Euro-Crisis Law contains a comparative constitutional analysis of the impact of a very broad range of euro-crisis law instruments on the EU and national constitutions. It covers contrasting assessments of the impact of euro-crisis law on national parliaments, various types of criticism on the EU economic governance framework, different views on what is needed to improve the multilevel system of economic governance, and valuable insights into the nature of emergency discourse in the legislative arena and of the spillover from the political to the judicial sphere. In addition, it deals with how bailout countries, even if part of the same group of euro area Member States subject to a programme, have reacted differently to the crisis.
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.
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