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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.
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.
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.
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 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 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.
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.
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:
The book explores the Russian leadership's strategic agenda and illuminates the range of problems it faces in implementing it. Given these difficulties and the Russian leadership's concerns about an unstable and increasingly competitive world, the Russian official and expert community often use the term 'mobilisation' to describe the measures that Moscow is increasingly resorting to in order to implement its agenda. The book explores what this means, and concludes that many of the terms used in the Western debate about Russia both misdiagnose the nature of the challenge and misrepresent the situation in Russia. At a time when many of the books about Russia are focused specifically on the war in Ukraine and the deterioration in relations between the Euro-Atlantic community and Russia, or are biographies of Vladimir Putin, it offers a new and unique lens through which to understand how Russia works and how Russian domestic and foreign politics are intimately linked. -- .
Give and Take offers a new history of government in Tokugawa Japan (1600-1868), one that focuses on ordinary subjects: merchants, artisans, villagers, and people at the margins of society such as outcastes and itinerant entertainers. Most of these individuals are now forgotten and do not feature in general histories except as bystanders, protestors, or subjects of exploitation. Yet despite their subordinate status, they actively participated in the Tokugawa polity because the state was built on the principle of reciprocity between privilege-granting rulers and duty-performing status groups. All subjects were part of these local, self-governing associations whose members shared the same occupation. Tokugawa rulers imposed duties on each group and invested them with privileges, ranging from occupational monopolies and tax exemptions to external status markers. Such reciprocal exchanges created permanent ties between rulers and specific groups of subjects that could serve as conduits for future interactions. This book is the first to explore how high and low people negotiated and collaborated with each other in the context of these relationships. It takes up the case of one domain-Ono in central Japan-to investigate the interactions between the collective bodies in domain society as they addressed the problem of poverty.
Could a feminist perspective change the shape of tax laws? Feminist reasoning and analysis are recognized as having tremendous potential to affect employment discrimination, sexual harassment, and reproductive rights laws - but they can likewise transform tax law (as well as other statutory or code-based areas of the law). By highlighting the importance of perspective, background, and preconceptions on reading and interpreting statutes, this volume shows what a difference feminist analysis can make to statutory interpretation. Feminist Judgments: Rewritten Tax Opinions brings together a group of scholars and lawyers to rewrite tax decisions in which a feminist emphasis would have changed the outcome, the court's reasoning, or the future direction of the law. Featuring cases including medical expense deductions for fertility treatment, gender confirmation surgery, tax benefits for married individuals, the tax treatment of tribal lands, and business expense deductions, this volume opens the way for a discussion of how viewpoint is a key factor in statutory interpretation.
The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches, "third way" market regulation, and laissez-faire all now vie for attention - at least in English. Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.
Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how "winner-take-all" and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections. This timely analysis of election law and politics outlining key structural election reforms combines distinct analysis of presidential, Senate, and U.S. House elections reforms, while also addressing reforms at the state and local government level. The author argues for fundamental structural changes to U.S. elections like Proportional Representation and Ranked Choice Voting, without requiring any constitutional amendments. Analysis of recent political developments such as progress on the National Popular Vote Interstate Compact, the adoption of Ranked Choice Voting state-wide in Maine, and the 2018 Supreme Court gerrymandering cases add real-world relevance and applicability. This sharp examination of a flawed system is vital reading for students and scholars involved in election law and political science, and is approachable enough for lay readers interested in politics and reform as well.
Eavesdropping on the phone calls of U.S. citizens; demands by the
FBI for records of library borrowings; establishment of military
tribunals to try suspected terrorists, including U.S.
citizens--many of the measures taken by the Bush administration
since 9/11 have sparked heated protests. In Not a Suicide Pact,
Judge Richard A. Posner offers a cogent and elegant response to
these protests, arguing that personal liberty must be balanced with
public safety in the face of grave national danger.
As a nation of immigrants, the United States has long accepted that citizens who identify with an ancestral homeland may hold dual loyalties; yet Americans have at times regarded the persistence of foreign ties with suspicion, seeing them as a sign of potential disloyalty and a threat to national security. Diaspora Lobbies and the US Government brings together a group of distinguished scholars of international politics and international migration to examine this contradiction in the realm of American policy making, ultimately concluding that the relationship between diaspora groups and the government can greatly affect foreign policy. This relationship is not unidirectional--as much as immigrants make an effort to shape foreign policy, government legislators and administrators also seek to enlist them in furthering American interests. From Israel to Cuba and from Ireland to Iraq, the case studies in this volume illustrate how potential or ongoing conflicts raise the stakes for successful policy outcomes. Contributors provide historical and sociological context, gauging the influence of diasporas based on population size and length of time settled in the United States, geographic concentration, access to resources from their own members or through other groups, and the nature of their involvement back in their homelands. This collection brings a fresh perspective to a rarely discussed aspect of the design of US foreign policy and offers multiple insights into dynamics that may determine how the United States will engage other nations in future decades.
Citizenship as Foundation of Rights explores the nature and meaning of American citizenship and the rights flowing from citizenship in the context of current debates around politics, including immigration. The book explains the sources of citizenship rights in the Constitution and focuses on three key citizenship rights - the right to vote, the right to employment, and the right to travel in the US. It explains why those rights are fundamental and how national identification systems and ID requirements to vote, work and travel undermine the fundamental citizen rights. Richard Sobel analyzes how protecting citizens' rights preserves them for future generations of citizens and aspiring citizens here. No other book offers such a clarification of fundamental citizen rights and explains how ID schemes contradict and undermine the constitutional rights of American citizenship.
"Your Rugged Constitution" was first published sixty-four years ago. It quickly became a go-to resource for generations of young Americans (and some older ones too) who wanted to understand the guiding principles of our nation. Now in reissue, this truly rugged and much-admired classic is sure to inform, and also delight readers with its retro 1950s ethos. "Your Rugged Constitution" proceeds through the text of the Constitution with descriptions that are put in clear, easy-to-understand language, accompanied by commentary and lively drawings so you can easily grasp all the ideas and concepts. Under each section and clause, you (yes, you, fellow American ) learn which powers you give to the federal government, and what you get in return. "Your Rugged Constitution" helps readers understand that the Constitution is no mere historical document, but an important contract between you and your government.
This book analyzes developments in the jurisprudence of the US Supreme Court in the Obama era. It follows three main threads. First, it seeks to describe and characterize the Supreme Court's jurisprudence in this period. Second, it assesses factors influencing developments in the jurisprudence. Finally, it draws broader lessons on how constitutional change works. As the oldest surviving written constitution among Western democracies, and despite having high hurdles for textual changes, the US Constitution has proved to be remarkably flexible. The main reason for this flexibility is the interpretation by the US Supreme Court. This book teases out the mechanism of how the Court manages to maintain this flexibility. Bringing together legal scholars from the United States and Europe who focus on different aspects of the Court's jurisprudence, the work consists of five parts. Part I analyzes the relationship of the Supreme Court with the democratic process. Part II deals with the jurisprudence on fundamental rights. Part III looks at constitutional aspects of international relations. Part IV offers comparative perspectives with Germany. The book provides a valuable reference for academics and researchers in constitutional law and legal history.
This book discusses the Government Performance and Results Act (GPRA) Modernization Act of 2010 as the administration begins its implementation. The act offers many important opportunities to focus attention on successfully improving the effectiveness of government programs and operations, and addresses significant fiscal, performance, and management challenges facing the federal government. The federal government is the world's largest and most complex entity, with about $3.5 trillion in outlays in the fiscal year of 2010 that fund a broad array of programs and operations. Long-term simulations of the government's financial condition underscore the need to begin addressing the long-term federal fiscal outlook.
In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. Nowhere has this conflict been more salient than in the debate between claims of religious freedom, on one hand, and equal rights claims made on the behalf of members of the lesbian, gay, bisexual, and transgender (LGBT) community, on the other. As new rights for LGBT individuals have expanded in liberal democracies across the West, longstanding rights of religious freedom - such as the rights of religious communities to adhere to their fundamental teachings, including protecting the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws - have suffered a corresponding decline. Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman's volume, Religious Freedom and Gay Rights brings together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three key geographic regions: the United States, the United Kingdom, and continental Europe. What implications will expanding regimes of equality rights for LGBT individuals have on religious freedom in these regions? What are the legal and moral frameworks that govern tensions between gay rights and religious freedom? How are these tensions illustrated in particular legal, political, and policy controversies? And what is the proper way to balance new claims of equality against existing claims for freedom of religious groups and individuals? Religious Freedom and Gay Rights offers several explorations of these questions.
View the Table of Contents. Read the Preface.
aProvides a progression of well-documented, horrific stories of abuse that are experienced by both children and adults, by both individuals and who were born with a disability and by individuals who became disabled.a--Harold A. Johnson, Michigan State University
aWeber is at his best when he explains the terrible cruelty of
marginalizing and segregating children from their peers on account
aWeber lays out an understandable explanation of the remedies
that exist for people who are harassed based on disability,
including those that are available under the Americans with
Disabilities Act (ADA), the Rehabilitation Act, and the Individuals
with Disabilities Education Act (IDEA). . . . Few lawyers practice
in the area of disability law. One perhaps unintended benefit of
the book is that it may recruit trial lawyers to Weberas cause. His
passion for the subject gives life to the pages of the book and may
inspire trial lawyers to get involved in these types of cases. . .
. In the end, Weber makes it clear that practitioners can protect
the rights of children and workers with disabilities. And he
succeeds in making his main point: that children and workers ought
to be treated equally and evaluated on their merits, not their
afflictions. This book helps trial lawyers get closer to that
"Weber is addressing an important and under-examined issue in
disability law. Fighting the insidious problem of disability-based
harassment cries out for new legal approaches and Weber offers
suggestions that are at once creative and quite practical.
Importantly, he links legal approaches tonecessary changes in
societal attitudes toward people with disabilities, emphasizing the
continuing need to integrate them fully into all aspects of
society. He thoroughly marshals the relevant case law in
educational, employment and related areas, writes exceedingly
clearly, and documents his arguments impressively. He is truly the
expert on disability harassment in both educational and employment
settings, and this book allows that expertise to shine
"Weber presents a rich and detailed understanding of disability
harassment. His book is timely and important to the field, and
covers the topic thoroughly."
Building on the insights of both disability studies and civil rights scholars, Mark C. Weber frames his examination of disability harassment on the premise that disabled people are members of a minority group that must negotiate an artificial yet often damaging environment of physical and attitudinal barriers. The book considers courts' approaches to the problem of disability harassment, particularly the application of an analogy to race and sex harassment and the development of legal remedies and policy reforms under the Americans with Disabilities Act (ADA).
While litigation under the ADA has addressed discrimination in public accommodations, employment, and education, Weber points out that the law has done little to combat disability harassment. He recommends that arguments based on unused provisions of the ADA should be developed and new legal remedies advanced to address the problem. Disability Harassment also draws on case law to explore special problems ofharassment in the public schools, and closes with an appeal to judges and lawmakers for expanded legal protection against harassment.
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