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The conventional wisdom is that the terrorist attacks on September 11th 2001 prompted a substantive change in U.S. immigration policy on visa issuances and the grounds for excluding foreign nationals from the United States. A series of laws enacted in the 1990s, however, may have done as much or more to set current U.S. visa policy and the legal grounds for exclusion. This book reviews the legislative developments in visa policy over the past 20 years and analysis of the statistical trends in visa issuances and denials provide a nuanced study of U.S. visa policy and the grounds for exclusion.
Unsurpassed in authority, reliability and accuracy; the 2020-2021 edition has been fully revised and updated to incorporate all relevant legislation for public and human rights law courses. Blackstone's Statutes on Public Law & Human Rights is an abridged collection of legislation carefully reviewed and selected by Professor Robert G. Lee. With unparalleled coverage of public and human rights law, Blackstone's Statutes on Public Law & Human Rights leads the market: consistently recommended by lecturers and relied on by students for exam and course use. Blackstone's Statutes on Public Law & Human Rights is: - Trusted: ideal for exam use - Practical: find what you need instantly - Reliable: current, comprehensive coverage - Relevant: content reviewed to match your course Online resources The accompanying online resources include video guides to reading and interpreting statutes, web links, exam tips, and an interactive sample Act of Parliament.
This efficient book takes the complex subject matter of Constitutional Law and makes it easier to understand and digest. World-renowned Villanova Law Dean and Professor Mark Alexander carefully explains the key concepts involved in Con Law and also brings it home with straightforward explanations of why you are reading and discussing the cases you are assigned every day. The subject matter runs the gamut from Marbury v. Madison and the structural side of the course to Due Process and Equal Protection. In addition, he provides exam-taking tips, and general words of guidance on how to make it through law school, and beyond, to a rewarding legal career.
This book provides a summary and legislative history of P.L. 111-139, focusing on the features of the Statutory Pay-As-You-Go (PAYGO) Act of 2010. PAYGO establishes a process intended to enforce a rule of budget neutrality on new revenue and direct spending legislation. As a budget enforcement tool, it is aimed at preventing, or at least discouraging, net deficit increases arising from the enactment of direct spending and revenue legislation. Any costs designated as emergencies are excluded from the scorecards, and significant costs associated with four specified categories of legislation may be excluded as well. The statutory PAYGO process does not address deficit increases, stemming from changes in direct spending or revenue levels, that are projected to occur under existing law.
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 fourth edition was updated to include important new Supreme Court cases on governmental prayer, reproductive healthcare rights, the Religious Freedom Restoration Act (RFRA), and same-sex marriage. The fourth edition continues the book's interdisciplinary approach to law and religion, its student-friendly notes and questions, and its inclusion of numerous non-Supreme Court cases from a variety of state, federal, and international courts. The chapters were reorganized to highlight the impact of the Court's most recent cases on the subject matter of law and religion. The first six chapters provide the foundational information about free exercise, establishment, and RFRA: 1. Free Exercise of Religion identifies the ever-increasing diversity of American religion versus non-religion. It now includes United States v. Seeger, as a lead conscientious objection case explaining what the Court means by "religion."; 2. Introduction to Establishment now includes the Court's decision upholding government-sponsored prayer in Town of Greece v. Galloway, and asks if Galloway will change all future Establishment Clause analysis; 3. What is an Establishment of Religion? examines older establishment precedents about religious symbols and monuments, public funding of religion, and religious speech in light of Galloway. The chapter also focuses on the funding issue the Court will hear in the 2016 Term in Trinity Lutheran Church v. Pauley, which asks if state bans on church funding violate the federal Establishment Clause; 4: Constitutional and Statutory Protection of Free Exercise provides extensive coverage of the ramifications of the Court's RFRA decision, Hobby Lobby, which accommodated for-profit businesses from providing contraceptive benefits to their employees; 5: Conscience, Complicity, and Conscientious Objection relates Hobby Lobby to the Court's order searching a compromise between religious nonprofits and the government in Zubik v. Burwell. This chapter explores military, medical, and legal conscientious objection and analyzes the increasing number of complicity claims faced by courts hearing RFRA cases. It also includes the case of Kim Davis, the Kentucky clerk who refused to issue marriage licenses to same-sex couples; 6: Conflicts between Individual and Institutional Religious Freedom explores the Court's increasing protection of institutional over individual religious freedom by looking at three topics: church property disputes, employment discrimination, and torts. The employment discrimination section now includes an overview of Title VII's religious discrimination provisions and the Court's recent decision interpreting them in EEOC v. Abercrombie and Fitch. The chapter also explores in detail the repercussions of Hosanna-Tabor v. EEOC, the ministerial-exception case that was brand new in the third edition. The first six chapters provided the basics about free exercise, establishment, and RFRA. Later chapters are more specialized and can be assigned at the professor's discretion, depending upon student interest. 7: RLUIPA: The Religious Land Use and Institutionalized Persons Act. RLUIPA now has its own chapter, which focuses on how the RFRA decisions studied in Chapters 4 and 5 will influence interpretation of RFRA's twin sister statute, which applies to institutionalized persons (prisoners) and land use; 8: Comparative Religious Freedom was completely revised. It now includes cases from other countries that parallel the subjects already studied in earlier chapters of the casebook. A section on religious garb, including a Turkish case about hijab bans, recalls Abercrombie. A section on blasphemy connects to the free (religious) speech jurisprudence. Conscience receives extensive treatment because it has become so important in U.S. law.
Genocide-the intent to destroy in whole or in part, a group of people. TIME's 42 Most Anticipated Books of Fall 2019 Book Riot's 50 of the Best Books to Read This Fall As seen on CBS This Morning, award-winning attorney Ben Crump exposes a heinous truth in Open Season: Whether with a bullet or a lengthy prison sentence, America is killing black people and justifying it legally. While some deaths make headlines, most are personal tragedies suffered within families and communities. Worse, these killings are done one person at a time, so as not to raise alarm. While it is much more difficult to justify killing many people at once, in dramatic fashion, the result is the same-genocide. Taking on such high-profile cases as Trayvon Martin, Michael Brown, and a host of others, Crump witnessed the disparities within the American legal system firsthand and learned it is dangerous to be a black man in America-and that the justice system indeed only protects wealthy white men. In this enlightening and enthralling work, he shows that there is a persistent, prevailing, and destructive mindset regarding colored people that is rooted in our history as a slaveowning nation. This biased attitude has given rise to mass incarceration, voter disenfranchisement, unequal educational opportunities, disparate health care practices, job and housing discrimination, police brutality, and an unequal justice system. And all mask the silent and ongoing systematic killing of people of color. Open Season is more than Crump's incredible mission to preserve justice, it is a call to action for Americans to begin living up to the promise to protect the rights of its citizens equally and without question.
Gender and the Jubilee is a bold reconceptualization of black freedom during the Civil War that uncovers the political and constitutional claims made by African American women. By analyzing the actions of women in the urban environment of St. Louis and the surrounding areas of rural Missouri, Romeo uncovers the confluenceof military events, policy changes, and black agency that shaped the gendered paths to freedom and citizenship. During the turbulent years of the Civil War crisis, African American women asserted their vision of freedom through a multitude of strategies. They took concerns ordinarily under the jurisdiction of civil courts, such as assault and child custody, and transformed them into military matters. African American women petitioned military police for "free papers"; testified against former owners; fled to contraband camps; and "joined the army" with their male relatives, serving as cooks, laundresses, and nurses. Freedwomen, and even enslaved women, used military courts to lodge complaints against employers and former masters, sought legal recognition of their marriages, and claimed pensions as the widows of war veterans. Through military venues, African American women in a state where the institution of slavery remained unmolested by the Emancipation Proclamation, demonstrated a claim on citizenship rights well before they would be guaranteed through the establishment of the Fourteenth Amendment. The litigating slave women of antebellum St. Louis, and the female activists of the Civil War period, left a rich legal heritage to those who would continue the struggle for civil rights in the postbellum era.Millward opens with a striking discussion about how researching the life of asingle enslaved woman, Charity Folks, transforms our understanding of slaveryand freedom in Revolutionary America. For African American women suchas Folks, freedom, like enslavement, was tied to a bondwoman's reproductivecapacities. Their offspring were used to perpetuate the slave economy. Findingloopholes in the law meant that enslaved women could give birth to and raisefree children. For Millward, Folks demonstrates the fluidity of the boundariesbetween slavery and freedom, which was due largely to the gendered space occupiedby enslaved women. The gendering of freedom influenced notions of liberty,equality, and race in what became the new nation and had profound implicationsfor African American women's future interactions with the state
The concept of privacy has long been confused and incoherent. The right to privacy has been applied promiscuously to an alarmingly wide-ranging assortment of issues including free speech, political consent, abortion, contraception, sexual preference, noise, discrimination, and pornography. The conventional definition of privacy, and attempts to evolve a 'privacy-as-a-fence' approach, are unable to deal effectively with the technological advances that have significantly altered the way information is collected, stored, and communicated. Social media such as Facebook pose searching questions about the use and protection of personal information and reveal the limits of conceiving the right to privacy as synonymous with data protection. The recent European Union's GDPR seeks to enforce greater protection of personal information, but the overlap with privacy has further obscured its core meaning. This book traces these troubling developments, and seeks to reveal the essential nature of privacy and, critically, what privacy is not.
This book presents the case that liberal constitutionalism in the global South is a legacy of colonialism and is inappropriate as a means of securing effective peace in regions that have been subject to recurrent conflict. The work demonstrates the failure of liberal constitutionalism in guaranteeing peace in the postcolonial global South. It develops an alternative, more compelling constitutionalism for peacebuilding in conflicted regions. This is based on constitutionalism that recognises plurality as a major feature in the global South. Drawing on events in Nigeria, it develops a constitutional model, based on Cognitive Justice, which could deliver peace by addressing historic, conceptual, legal, institutional and structural issues that have created social inequality and injustice. The study also incorporates insights from the development of plurinational constitutions in South America. The book will be an invaluable resource for researchers, academics and policy-makers with an interest in constitutional legal theory, peacebuilding and postcolonial studies
To allow or restrict hate speech is a hotly debated issue in many societies. While the right to freedom of speech is fundamental to liberal democracies, most countries have accepted that hate speech causes significant harm and ought to be regulated. Richard Moon examines the application of hate speech laws when religion is either the source or target of such speech. Moon describes the various legal restrictions on hate speech, religious insult, and blasphemy in Canada, Europe and elsewhere, and uses cases from different jurisdictions to illustrate the particular challenges raised by religious hate speech. The issues addressed are highly topical: speech that attacks religious communities, specifically anti-Muslim rhetoric, and hateful speech that is based on religious doctrine or scripture, such as anti-gay speech. The book draws on a rich understanding of freedom of expression, the harms of hate speech, and the role of religion in public life.
Pluralism proceeds from the observation that many associations in liberal democracies claim to possess, and attempt to exercise, a measure of legitimate authority over their members. They assert that this authority does not derive from the magnanimity of a liberal and tolerant state but is grounded, rather, on the common practices and aspirations of those individuals who choose to take part in a common endeavor. As an account of the authority of associations, pluralism is distinct from other attempts to accommodate groups like multiculturalism, subsidiarity, corporatism, and associational democracy. It is consistent with the explanation of legal authority proposed by contemporary legal positivists, and recommends that the formal normative systems of highly organized groups be accorded the status of fully legal norms when they encounter the laws of the state. In this book, Muniz-Fraticelli argues that political pluralism is a convincing political tradition that makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state. Drawing on the intellectual tradition of the British political pluralists, as well as recent developments in legal philosophy and social ontology, the book argues that political pluralism makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state.
This volume deals with the law governing the administrative implementation of European Union public policy. Much of this law is specific to individual policy sectors. The volume provides a study of such specialized admininstrative law for more than twenty sectors. This cross-sectoral approach allows for detailed comparisons of EU administration in diverse policy fields. It identifies situations where legal structures and approaches may be unnecessarily duplicated, thus indicating where a comprehensive, general system could be advantageous for both Union law and policy achievement. The comparative nature of the study also draws attention to policy fields which have proven to be testing grounds for approaches adopted subsequently in other areas. In addition, the work highlights the distinctive, highly networked, and strongly cooperative character of EU administration, as a reflection of, and a foundation for, the operative nature of the European Union as a whole.
Texas has created more constitutional law than any other state. In any classroom nationwide, any basic constitutional law course can be taught using nothing but Texas cases. That, however, understates the history and politics behind the cases. Beyond representing all doctrinal areas of constitutional law, Texas cases deal with the major issues of the nation. Leading legal scholar and Supreme Court historian Lucas A. Powe, Jr., charts the rich and pervasive development of Texas-inspired constitutional law. From voting rights to railroad regulations, school finance to capital punishment, poverty to civil liberties, this wide-ranging and eminently readable book provides a window into the relationship between constitutional litigation and ordinary politics at the Supreme Court, illuminating how all of the fiercest national divides over what the Constitution means took shape in Texas.
This comparative constitutional law casebook offers a comprehensive and paradigmatic approach to the subject: it examines how the vast increase in international movements of people, capital, goods, ideas, and information affect politics in and beyond nation-states and how this influx affects the rule of law, separation of powers, and fundamental rights. Indeed, this casebook stands apart as it represents an international collaboration of legal scholars and allows for diversity of perspectives. Utilizing case excerpts from at least 40 countries across every continent, students will examine the assumptions, choices and trade-offs, strategies, and effects from decisions by constitutional courts and human rights tribunals throughout various legal systems and political contexts. Moreover, this book examines the different theories of constitutionalism and analyzes how constitutional democracies address similar issues in different institutional settings. This third edition includes new material that speaks to current issues of pressing importance: citizenship, transnational constitutionalism, authoritarian and illiberal constitutions, collective rights and minorities, Internet censorship, religion in the public space, mass surveillance, and targeted killings. Both teachers and students will appreciate the complete coverage of complex topics within a manageable size and format. A comprehensive teacher's manual accompanies the casebook.
Archbishop Stephen Langton hoped with Magna Carta to realise an Old Testament, covenantal kingship in England. At the Charter's 800th anniversary, distinguished jurists, theologians and historians from five faith-traditions and three continents ask how Magna Carta's biblical foundations have mattered and still matter now. A Lord Chief Justice, a Chief Rabbi, a Grand Mufti of Egypt, specialists in eight centuries of law, scholars and advocates committed to the rule of law and to the place of religion in public life all come together in this testimony to Magna Carta's iconic power. We follow the Charter's story in the religious life of the UK, America and now Continental Europe, and reflections on religio-legal traditions far from the Common Law enrich the story. Magna Carta, Religion and the Rule of Law invites all religions to ask what contribution they themselves should make to the rule of law in today's secular, democratic polities.
The European Convention on Human Rights (ECHR) entered into force on September 3, 1953, with binding effect on all Member States of the Council of Europe. It grants the people of Europe a number of fundamental rights and freedoms, including: right to life * prohibition of torture * prohibition of slavery and forced labor * right to liberty and security * right to a fair trial * no punishment without law * right to respect for private and family life * freedom of thought, conscience, and religion * freedom of expression * freedom of assembly and association * right to marry * right to an effective remedy * prohibition of discrimination. Any person who feels his or her rights under the ECHR have been violated by the authorities of one of the Member States can bring a case to the European Court of Human Rights, established under the Convention. Member States are bound by the Court's decisions and the Committee of Ministers of the Council of Europe make sure that the decisions are properly executed. Today, the Court receives thousands of petitions annually, demonstrating the immense impact of the Convention and the Strasbourg Court. This comprehensive German-style commentary deals with the ECHR systematically and article-by-article, considering the development and scope of each article, together with the relevant case-law and literature. It is an extremely useful tool for all those working and studying in the area of European human rights, and it will help in gaining a deeper understanding of the ECHR.
Since 2001 the U.S. government has been engaged in the delicate balancing act of seeking to protect the country against terrorism, both foreign-connected and wholly domestic, while taking into account a number of constitutional protections that can all too easily be trammelled in the effort to assure domestic security. At the same time the development of these policies has created significant constitutional tension among the three branches of the federal government, especially when the President vigorously asserts claims of sweeping power as commander-in-chief in such a way as to raise warnings about the emergence of an imperial presidency. Simultaneously, the rule of law has been placed under stress as the technological prowess of the government has grown. This book addresses these topics in an accessible manner, covering the key developments of domestic security law related to terrorism. Tyll van Geel covers the essential elements of homeland security law including: branches of government and institutions involved in counterterrorism law; border control and immigration; surveillance; the searching of computers and cell phones; the prosecution of terrorists for any number of crimes, including cyberterrorism; military detention; the prosecution of unprivileged enemy belligerents in military commissions; and habeas corpus. The book is designed to offer a clear guide to current issues in domestic security in response to terrorism and will be a valuable guide for concerned citizens as well as undergraduate students studying domestic politics or national security.
This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states' foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. This makes it a ground-breaking scholarly contribution that should first of all prove of value to students, scholars, researchers and practitioners in the two broad fields of politics and law for the wide scope of issues it covers and the very comprehensive reference lists it contains. Secondly, professionals working within politics, including members of the legislatures of the United States, the European Union and South Africa, as well as members of the judiciaries there, should find this book of benefit. A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union, in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach. The lack of recognition of the judiciary's role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs. Dr. Riaan Eksteen is a Former South African Ambassador residing in Namibia; from 1968-1973 he served at the South African Embassy in Washington D.C.; between 1976-1994, he subsequently served as Ambassador and Head of Mission at the U.N. in New York (1976-81), in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in Turkey, with accreditation also to Azerbaijan, Kyrgyzstan, Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from the University of Johannesburg in October 2018.
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