Governing Sexuality explores issues of sexual citizenship and law reform in the United Kingdom and Continental Europe today. Across western and eastern Europe,lesbians and gay men are increasingly making claims for equal status, grounded in the language of rights and citizenship, and using the language of international human rights and European law. This book uses same sex sexualities as a prism through which to explore broader questions of legal and political theory concerning democratic legitimacy; rights discourse; national sovereignty and identity; citizenship; transnationalism; and globalisation. Case studies are widely drawn: from New Labour's sexual politics in the UK to the decriminalisation of same-sex sexualities under pressure from the EU in Romania; to new civil solidarity laws in France.

"A voice of reason, wisdom and compassion, Eric Yamamoto brings rich practical experience and analytic insight to the crucial subject of healing and reconciliation between groups divided by histories of oppression and mistreatment. This book is vital reading for anyone interested in creating a just world.
"--Martha Minow, Harvard Law School, Author of Between Vengeance and Forgiveness: Facing History after Genocide"

"A stunningly original and moving work that dramatically expands the national dialogue on race. . . . Yamamoto presents a multidisciplinary, praxis-oriented approach to confronting conflict among communities of color. He provides us with the concepts, the methods, and the language to understand and grapple with the messy nature of reconciliation between racialized groups. His vision of interracial justice is compelling, inspiring, and essential to averting the fire next time."
"--Michael Omi, University of California, Berkeley"

"Remarkable. A must read for all activists."
"--Yuri Kochiyama"

"Yamamoto's analysis offers an important insight: A group can simultaneously be oppressed by others more powerful than it and also oppress others less powerful. . . . A pragmatic model for how interracial justice may someday be real."
"--The Hawaii Herald
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"Inspiring and energizing, disturbing and challenging, informative and inquisitive, "Interracial Justice" is a thoroughly researched, even ground-breaking, tour de force."
"aBerta Esperanza HernAndez-Truyol, St. John's University"

The United States in the twenty-first century will be a nation of so-called minorities. Shifts in the composition of the American populace necessitate a radical change inthe ways we as a nation think about race relations, identity, and racial justice.

Once dominated by black-white relations, discussions of race are increasingly informed by an awareness of strife among nonwhite racial groups. While white influence remains important in nonwhite racial conflict, the time has come for acknowledgment of ways communities of color sometimes clash, and their struggles to heal the resulting wounds and forge strong alliances.

Melding race history, legal theory, theology, social psychology, and anecdotes, Eric K. Yamamoto offers a fresh look at race and responsibility. He tells tales of explosive conflicts and halting conciliatory efforts between African Americans and Korean and Vietnamese immigrant shop owners in Los Angeles and New Orleans. He also paints a fascinating picture of South Africa's controversial Truth and Reconciliation Commission as well as a pathbreaking Asian American apology to Native Hawaiians for complicity in their oppression. An incisive and original work by a highly respected scholar, Interracial Justice greatly advances our understanding of conflict and healing through justice in multiracial America.

How effective is judicial review in securing compliance with administrative law? This book presents an empirically-based study of the influence of judicial review on government agencies. In doing so, it explores judicial review from a regulatory perspective and uses the insights of the regulation literature to reflect on the capacity of judicial review to modify government behavior. On the basis of extensive research with heavily litigated government agencies, the book develops a framework for analyzing and researching the regulatory capacity of judicial review. Combining empirical and legal analysis, it describes the conditions which must exist to maximize judicial review's capacity to secure compliance with administrative law.

He Was A Good Marine So Why Was He Discharged for Misconduct? Author Michael Short tells the Story of A Marine who Endured Torture as a POW during the Vietnam War and the Pain of Being Discharged for Misconduct Years Later Paw Paw, WV - (Release Date TBD) - How did it all end up the way it did? Albert proved to be a good Marine bearing the agony and torture as a Prisoner of War (POW), but why was he given a general discharge for misconduct? Author Michael Short tells the true, gripping, and harrowing events that happened in Fall from Grace, his new book released through Xlibris. Albert was a United States Marine. As a gunnery sergeant, Albert's moral compass had always been duty, honor, country. In 1968, he was in the TET Offensive in Hue City, Republic of South Vietnam. There were several NVA dead bodies lying near, and he was ready to fire his M-16 at any North Vietnamese soldiers running past him. But then, he felt the barrel of an AK-47 assault rifle touch the back of his head. Unadulterated fear rushed through him, and before he could look to see who had pointed the rifle at him, he felt a crushing blow to the side of his head. Consciousness left him. When he regained his senses, he had been captured by North Vietnamese soldiers. Torture began as the enemy attempted to force information from him. His cellmate was Lance Corporal Mack, who also received the same brutal physical torment. Through it all, they never gave information to their torturer. They suffered much - almost to the point of death. He was afflicted but never lost hope. He lived by the Marine Code - the Core Values. But after days of being a tortured POW, he escaped, returned to the states to learn that he had been listed as MIA. He would spend more than eighteen years as a Marine, and his "fall from grace" would be unexpected, traumatic, and extremely difficult to bear. Readers will find out what really happened as they leaf through the pages of Fall from Grace. For more information on this book, log on to www.Xlibris.com.

Thomas Curry argues that discussion and interpretation of the First Amendment have reached a point of deep crisis. Historical scholarship dealing with the background and interpretation of the Amendment are at an impasse, says Curry, and judicial interpretation is in a state of disarray. His purpose is to provide a new paradigm for the understanding and exploration of religious liberty. He traces much of the current difficulty to the largely unexamined assumption on the part of judges and scholars that the Amendment created a right - the right to free exercise of religion - and that the courts are the guardians of that right. In fact, however, the First Amendment is above all a limitation on government and a guarantee that the government will not impinge on the religious liberty that citizens already possess by natural right.

In this study of literature and law from the Constitutional founding through the Civil War, Hoang Gia Phan demonstrates how American citizenship and civic culture were profoundly transformed by the racialized material histories of free, enslaved, and indentured labor. Bonds of Citizenship illuminates the historical tensions between the legal paradigms of citizenship and contract, and in the emergence of free labor ideology in American culture. Phan argues that in the age of Emancipation the cultural attributes of free personhood became identified with the legal rights and privileges of the citizen, and that individual freedom thus became identified with the nation-state. He situates the emergence of American citizenship and the American novel within the context of Atlantic slavery and Anglo-American legal culture, placing early American texts by Hector St. John de Crevecoeur, Benjamin Franklin, and Charles Brockden Brown alongside Black Atlantic texts by Ottobah Cugoano and Olaudah Equiano. Beginning with a revisionary reading of the Constitution's "slavery clauses," Phan recovers indentured servitude as a transitional form of labor bondage that helped define the key terms of modern U.S. citizenship: mobility, volition, and contract. Bonds of Citizenship demonstrates how citizenship and civic culture were transformed by antebellum debates over slavery, free labor, and national Union, while analyzing the writings of Frederick Douglass and Herman Melville alongside a wide-ranging archive of lesser-known antebellum legal and literary texts in the context of changing conceptions of constitutionalism, property, and contract. Situated at the nexus of literary criticism, legal studies, and labor history, Bonds of Citizenship challenges the founding fiction of a pro-slavery Constitution central to American letters and legal culture.Hoang Gia Phanis Associate Professor of English at the University of Massachusetts, Amherst.In theAmerica and the Long 19th CenturyseriesAn ALI book

This yearbook is a compilation of thematically arranged essays that critically analyseemerging developments, issues, and perspectives across different branches of law. Itconsists of research from scholars around the world with the view that comparativestudy would initiate dialogue on law and legal cultures across jurisdictions. The themesvary from jurisprudence of comparative law and its methodologies to intrinsic detailsof specific laws like memory laws. The sites of the enquiries in different chapters aredifferent legal systems, recent judgements, and aspects of human rights in a comparativeperspective. It comprises seven parts wherein the first part focuses on general themesof comparative law, the second part discusses private law through a comparative lens,and the third, fourth and fifth parts examine aspects of public law with special focuson constitutional law, human rights and economic laws. The sixth part engages withcriminal law and the last part of the book covers recent developments in the field ofcomparative law. This book intends to trigger a discussion on issues of comparativelaw from the vantage point of Global South, not only focusing on the Global North.It examines legal systems of countries from far-east and sub-continent and presentsinsights on their working. It encourages readers to gain a nuanced understanding ofthe working of law, legal systems and legal cultures, adding to existing deliberationson the constituents of an ideal system of law.

The Supreme Court has final authority in determining what the Constitution means. The Court's findings have not, however, always been final. Lively focuses on several landmark dissenting opinions--resisted initially--later redefining the meaning of the Constitution. Each opinion arises from a rich historical context and involves constitutional issues of pointed significance. Vivid descriptions of some of the colorful personalities behind the opinions add appeal. Lively conveys the evolutionary and dynamic nature of the law demonstrating the relationship between present and past understanding of the Constitution. He describes the competitive nature of constitutional development and identifies the relevance of factors including subjective preference, values, vying theories, and ideologies.

The role of the Court, is addressed as are the federal government's relationship to the states and their citizens; slavery; property rights; substantive due process; freedom of speech; and the right to be left alone. This is a clearly presented and highly instructive consideration of how the Constitution's interpretation has been fashioned over time with important insights relevant to today's Court and contemporary cases.

The constitutional entrenchment and protection of property rights has always been a difficult and controversial issue. This text is more than a collection of cases on constitutional property law, it is an in-depth comparison of constitutional property clauses in jurisdictions around the world. The book consists of three parts: the first chapter contains a general discussion of comparative, theoretical, and analytical issues. The second part consists of 18 chapters on jurisdictions where the property clause has generated substantial case law and jurisprudence, meriting extensive analysis and discussion. Among the countries discussed are Australia, Japan, Canada, Germany, Switzerland and South Africa. For easy reference the structure of these country-by-country chapters is identical. These chapters not only contain practical, useful legal information but also a normative interpretation of constitutional property clauses in their national and international context. The third and final part of the book contains a collection of 86 property clauses from jurisdictions not included in the country reports. The focus of the book is on comparison, and cross-references assist the reader in finding related cases and issues in other jurisdictions.

Reprint of the rare 1843 edition. Tucker proposes a vigorous defense of states-rights principles in the manner of John Taylor of Caroline. A notably sophisticated argument, it balances detailed analysis of the U.S. Constitution with criticism of Joseph Story, Daniel Webster and other proponents of a powerful Federal government. Henry St. George Tucker 1780-1848] served as U.S. Congressman representing Virginia's 3rd District in the United States House of Representatives from 1815 to 1819. He studied under his father, St. George Tucker (editor of the American edition of Blackstone's Commentaries), at the College of William & Mary, and after he received his law degree, taught there himself. He was later was captain of Cavalry in the War of 1812, President of Virginia's Supreme Court of Appeals, (1831-1841) and, later in life, a prominent Professor of Law at the University of Virginia. He founded the Honor System there. Works that grew out of the classroom include Commentaries on the Laws of Virginia (1836-1837) and the present work. Tucker County, West Virginia, is named in his honor.

Why do we research unit management in correctional facilities? The research was necessitated by a fundamental need to change the way in which South Africa deals with sentenced inmates. The country boasts one of the highest international recidivism rates. Instead of being a revolving door where shorter-term offenders circulate through the correctional system, or a warehouse where serious offenders are subjected to monotonous empty hours for a lifetime, all correctional systems should actively and meaningfully address recidivism. This means that correctional interventions must contribute to inmate empowerment, resulting in a life without crime. Unit management proves to be a management tool that can facilitate such meaningful contribution. It has been implemented in some international correctional systems but limited international research, mainly from the USA, is available. With their research, the authors uniquely integrate correctional management fundamentals, law, organisational theory, and institutional administrative procedures into one research project. The research aims to lay a foundation for unit management implementation by addressing philosophy, international norms, processes, design, legal principles, risk management, human resources and correctional case studies. These contents deliver evidence of original research that stretches over more than a decade. Unit Management in Correctional Facilities: Law and Administration challenges executive management and the modern-day correctional practitioner on the professional front in terms of accountability, implementation of evidence based correctional best practices and transformation of the correctional system to the ultimate benefit of the offender and the broad society. It aims to equip correctional practitioners, students, lecturers and other academics.

David Saari provides an extended essay on the nature of freedom in contemporary America, its historical roots, and its present-day manifestations. Drawing on the fields of history, law, politics, business, and philosophy, this wide-ranging study examines three facets of freedom--national freedom, freedom from the state, and freedom within the state--as they have developed in American law, politics, and society. Each of these facets is carefully defined and then applied to such contemporary issues as authority, property, equality, justice, and privacy.

Government "of the people, by the people, for the people" expresses an ideal that resonates in all democracies. Yet poll after poll reveals deep distrust of institutions that seem to have left "the people" out of the governing equation. Government bureaucracies that are supposed to solve critical problems on their own are a troublesome outgrowth of the professionalization of public life in the industrial age. They are especially ill-suited to confronting today's complex challenges. Offering a far-reaching program for innovation, Smart Citizens, Smarter State suggests that public decisionmaking could be more effective and legitimate if government were smarter-if our institutions knew how to use technology to leverage citizens' expertise. Just as individuals use only part of their brainpower to solve most problems, governing institutions make far too little use of the skills and experience of those inside and outside of government with scientific credentials, practical skills, and ground-level street smarts. New tools-what Beth Simone Noveck calls technologies of expertise-are making it possible to match the supply of citizen expertise to the demand for it in government. Drawing on a wide range of academic disciplines and practical examples from her work as an adviser to governments on institutional innovation, Noveck explores how to create more open and collaborative institutions. In so doing, she puts forward a profound new vision for participatory democracy rooted not in the paltry act of occasional voting or the serendipity of crowdsourcing but in people's knowledge and know-how.

Peter Liddel offers a fresh approach to the old problem of the nature of individual liberty in ancient Athens. He draws extensively on oratorical and epigraphical evidence from the late fourth century BC to analyse the ways in which ideas about liberty were reconciled with ideas about obligation, and examines how this reconciliation was negotiated, performed, and presented in the Athenian law-courts, assembly, and through the inscriptional mode of publication. Using modern political theory as a springboard, Liddel argues that the ancient Athenians held liberty to consist of the substantial obligations (political, financial, and military) of citizenship.

Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here in original contributions that look thematically at issues from a general perspective, with special attention on how they have been treated in East Asian jurisdictions.The authors - leading comparativists from around the world - illuminate material from Asian jurisdictions on matters such as freedom of religion, constitutional courts, property rights, emergency regimes and the drafting process of constitutions. Together they present a picture of a region that is grappling with complex constitutional issues and is engaged with developments in the rest of the world, while at the same time pursuing distinctive local solutions that deserve close attention. This unique scholarly study will prove an important research tool for Asian scholars, constitutional lawyers within Asia and comparative constitutional scholars around the world. Contributors: T. Allen, J. Blount, J.A. Cheibub, S. Choudhry, R. Chowdhry, M. Clark, R. Dixon, T. Ginsburg, R. Hirschl, M. Khosla, F. Limongi, K. O'Regan, V.V. Ramraj, C. Saunders, A. Stone, M. Tushnet

Adequate and fair asylum procedures are a precondition for the effective exercise of rights granted to asylum applicants, in particular the prohibition of refoulement. In 1999 the EU Member States decided to work towards a Common European Asylum System. In this context the Procedures Directive was adopted in 2005 and recast in 2013. This directive provides for important procedural guarantees for asylum applicants, but also leaves much discretion to the EU Member States to design their own asylum procedures. This book examines the meaning of the EU right to an effective remedy in terms of the legality and interpretation of the Procedures Directive in regard to several key aspects of asylum procedure: the right to remain on the territory of the Member State, the right to be heard, the standard and burden of proof and evidentiary assessment, judicial review and the use of secret evidence.

Most books about public power and the state deal with their subject from the point of view of legal theory, sociology or political science. This book, without claiming to deliver a comprehensive theory of law and state, aims to inform by offering a fresh reading of history and institutions, particularly as they have developed in continental Europe and European political and legal science. Drawing on a remarkably wide range of sources from both Western and Eastern Europe, the author suggests that only by knowing the history of the state, and state administration since the twelfth century, can we begin to comprehend the continuing importance of the state and public powers in modern Europe. In an era of globalization, when the importance of international law and institutions frequently lead to the claim that the state either no longer exists or no longer matters, the truth is in fact more complex. We now live in an era where the balance is shifting away from the struggle to build states based on democratic values, towards fundamental values existing above and beyond the borders of nations and states, under the watchful gaze of judges bound by the rule of law.

Will treating the conduct of local governments the same as the conduct of private enterprises pose serious threats to government, industry, or the antitrust laws? Mark Lee argues that the nation will be better off as a result because efficient forms of economic organization, previouly prohibited by the judiciary, will be permitted to flower and antitrust's policy war with itself will be put to an end. Lee reviews the powerful implications of the Supreme Court rulings in City of Lafayette v. Louisiana Power and Light and Community Communications Co. v. City of Boulder and offers a comprehensive, up-to-date, and detailed analysis of cases involving allegations that a local government commited an antitrust offense. He introduces a unique system for classifying different practices, one based on microeconomic functions, that will permit practitioners to classify and analyze any practice that concerns them.

Originally published in 1814, this is a reprint of the Yale University Press 1950 edition with an introduction by Roy Franklin Nichols. 562 pp. Taylor wrote this important work in 1814 as a reply to John Adams's Defence of the Constitutions of Government of the United States of America. Unlike Adams, he rejects the concept of "a natural aristocracy" of "paper and patronage" and a federal government based on a system of debt and taxes. He considers the American government to be one of divided powers responsible to the sovereign people alone. Opposed to the extent of power awarded to the executive office, he calls for shorter terms for the president and all elected officers. Charles Beard said this work "deserves to rank among the two or three really historic contributions to political science which have been produced in the United States." JOHN TAYLOR 1753-1824] was known as "John Taylor of Caroline County, Virginia." He served in the Continental Army and later in the Virginia House of Delegates, then served three terms as a member of the United States Senate. He is considered to be one of the nation's greatest philosophers of agrarian liberalism. He was one of the nation's first proponents of states' rights. His works include New Views of the Constitution of the United States (1823), Construction Construed, and Constitutions Vindicated (1820) and A Defence of the Measures of the Administration of Thomas Jefferson. By Curtius (1804), an argument in favor of the achievements of the first Jefferson administration.

This monograph reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an 'anti-stigma principle', promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as European law.

This study is an empirical analysis of how the fluctuating legal environment in the courts surrounding obscenity litigation over a thirty year period is an appropriate vehicle with which to demonstrate the dynamics of widespread group involvement in the judicial process. Joseph F. Kobylka traces how the development of the obscenity law from the 1957 Roth v. United States decision, which established the proscription of obscenity through its libertarian interpretation by the Warren court and its reaffirmation by the 1973 Miller v. California decision, necessitated changes in both the behaviors and strategies of libertarian and conservative groups in the active pursuit of their particular goals.

After a review of the shifts in the Supreme Court's doctrines concerning obscenity, Kobylka identifies the various political interest groups, and examines their motives, goals, and the factors, both internal and external, that determined their responses to Miller. He concludes with a summary of findings confirming that the study's empirical approach yields a comprehensive understanding of the fluidity of group politics. Specific group involvement is documented in the appendices, and bibliographies furnish lists of books, articles, and a table of cases. "The Politics of Obscenity" will be a useful, authoritative volume for advanced courses in the judicial process and group politics, and will also be invaluable to academic libraries, political scientists, and other scholars.