The Truth and Reconciliation Commission (TRC), established in South Africa after the collapse of apartheid, was the bold creation of a people committed to the task of rebuilding of a nation and establishing a society founded upon justice, equality and respect for the rule of law. As part of its historic, cathartic mission, the TRC held a special hearing, calling to account the lawyers -- judges, academics and members of the bar -- who had been crucial participants in the apartheid legal order. This book is an account of those hearings, and an attempt to evaluate, in the light of theories of adjudication, the historical role of the judiciary and bar in the apartheid years.

Written by a well-known commentator on the South African legal system who became, by chance, the first witness to give testimony at these hearings, this book reveals, often in the words of those who testified, how the judges failed in their duty to uphold the rule of law. For the most part, the lawyers of apartheid deserted its victims. The few notable exceptions both illustrate the potential for lawyers to have done more and laid the basis for the respect the rule of law still enjoys in South Africa despite apartheid.

Yet, as the author shows, many continue to commit a more serious 'crime'. Failing to confront the past, and in many cases refusing even to attend TRC hearings, the lawyers who could have helped to resist the worst excesses of apartheid remain accomplices to its evil deeds.

This book offers us the spectacle of an entire legal system on trial. The echoes from this process are captured here in a way which will appeal to all readers -- lawyers and non-lawyers alike -- interested in the relationshipbetween law and justice, as it is exposed during a period of transition to democracy.

Title IX, a landmark federal statute enacted in 1972 to prohibit sex discrimination in education, has worked its way into American culture as few other laws have. It is an iconic law, the subject of web blogs and T-shirt slogans, and is widely credited with opening the doors to the massive numbers of girls and women now participating in competitive sports. Yet few people fully understand the law's requirements, or the extent to which it has succeeded in challenging the gender norms that have circumscribed women's opportunities as athletes and their place in society more generally.

In this first legal analysis of Title IX, Deborah L. Brake assesses the statute's successes and failures. While the statute has created tremendous gains for female athletes, not only raising the visibility and cultural acceptance of women in sports, but also creating social bonds for women, positive body images, and leadership roles, the disparities in funding between men's and women's sports have remained remarkably resilient. At the same time, female athletes continue to receive less prestige and support than their male counterparts, which in turn filters into the arena of professional sports. Brake provides a richer understanding and appreciation of what Title IX has accomplished, while taking a critical look at the places where the law has fallen short. A unique contribution to the literature on Title IX, Getting in the Game fully explores the theory, policy choices, successes, and limitations of this historic law.

With California's passage of the Save Our State Initiative in 1994, fear of aliens has once again appeared in U.S. legislative history. Since 1790, congressional legislation on federal immigration and naturalization policy has been harsh on Asian immigrants, although less so since 1965. This documentary history covers all major immigration laws passed by Congress since 1790. The volume opens with an overview of the basis on which Congress has restricted Asian immigration. It then includes discussions of particular immigration legislation, showing the significance to Asian Americans and the documents themselves.

With California's passage of the Save Our State Initiative in November 1994, fear of aliens has once again appeared in U.S. legislative history. Since 1790, congressional legislation establishing federal immigration and naturalization policy has been particularly harsh on Asian immigrants. Although Congress has been less hostile to Asian immigration since 1965, there was a renewed effort to limit immigration from Asia as recently as 1989, and the restrictive national mood will undoubtedly find its way into the 1996 elections. Showing the impact of immigration laws on Asian immigrants, this documentary history covers all major immigration laws passed by Congress since 1790.

The volume's opening chapter points to three major theses--that initially Congress restricted and excluded Asian immigration on the basis of its traditional policy of denying citizenship to nonwhite people, that Congress denied Asians entry to the U.S. on the grounds that their culture made them incompatible with Americans, and that Congress passed laws treating each of the Asian ethnic groups as a racialized ethnic group. The volume then includes discussions of particular immigration legislation, showing the significance to Asian Americans and the documents themselves.

This book provides a comprehensive overview of the development of educational policies and legislation in China, particularly following the introduction of Reform and Opening Up in 1978. The scope of this book: (1) provides the theoretical basis and framework of educational policies; (2) explains key educational laws and legislation; and (3) introduces readers to policies for educational internationalization, private education, lifelong learning and teacher education. The book is intended for researchers, teachers and graduate students in the field of comparative education, educational policy and legislation, educational management. Readers will find essential information on the most important educational laws and legislation, as well as the recent characteristics of and trends in educational policies in China.

This book offers an exhaustive analysis of extraterritorial employment standards. Part I addresses the U.S. role in the enforcement of internationally recognized worker rights in the world community. Worker rights include the right of association; the right to organize and bargain collectively; a prohibition on the use of any form of forced or compulsory labor; a minimum age for the employment of children; acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; and the right to work in an environment free from discrimination. By using economic coercion in the form of preferential trade benefits, investment incentives, and trade sanctions, the United States attempts to encourage foreign governments and employers, both local and transnational, to abandon exploitative working conditions for employment standards recognized by the world community. Part II is an exhaustive review of employment standards for U.S. citizens employed abroad, including equal employment opportunity standards. It also addresses extraterritorial wage and hour regulation and federal statutes establishing worker compensation standards to persons employed at military installations or in areas where the risk of war hazards are prevalent. Part III is a discussion of the policy concerns and implications of extraterritorial employment standards. These standards impact domestic producers, domestic workers and their representative organizations, consumers, exporters and importers, as well as multinational enterprises and their employees. This book is indispensable for managers, legal counsel for employers and employees, and policy makers and labor leaders in any industry having contact with the global economy.

In this analysis of federal court cases relying upon the landmark Roe v. Wade decision, the author finds that the pro-life movement in the United States has suffered repeated losses in abortion litigation. Additionally, her research indicates that, despite claims to the contrary, the pro-life movement is a loose collection of underfunded and understaffed public interest organizations. The pro-choice forces are vastly more powerful in abortion litigation, have superior organization and financing, and include not only public interest groups but also private interests such as clinics and professional medical organizations. Divided into three parts, the study begins with a public law analysis of the progeny of Roe cases, examining those variables which appear to impact court decisions. Next the work examines political factors and litigation resources as variables in explaining court decisions. And finally, the work offers a descriptive analysis of abortion litigants which divides the groups into major categories and evaluates them in terms of their resources, longevity, and other such factors. This book will be of interest to those seriously interested in the political and legal ramifications of the abortion controversy.

View the Table of Contents. Read Chapter 1.

aJackson is at his best when exposing the connections of leading racialists with former Nazi party members and Holocaust-denial groups.a
--"Journal of American Ethnic History"

aA well-researched and well-argued book....Jackson underscored the nexus of asciencea and arace, a probes the ademarcation between science and politics, a and questions the very meaning of aobjectivea scientific inquiry.a
--"Historian"

aScience for Segregation adds considerably to our understanding of racist ideologies and their persistance in the post-war era. The author has done an admirable job of covering a forgotten chapter in the struggle over segregation and shedding light on how scientific research can become highly politicized.a
--"Journal of American History"

"This book asks if science can be divorced from politics. . . . Recommended."
--"Choice"

aA fascinating and comprehensive look at a largely neglected aspect of American history--the role of science and scientists in supporting and sustaining white racist thought and institutions during the battle over de-segregation. And like most good social history, it does not require much strain to draw the relevance to today's debates about the salience of biological taxonomies of race.a
--Troy Duster, author of "Backdoor to Eugenics"

aA very important book that explores the fuzzy zone between science and pseudo-science, exposing the political action of right-wing scientists in the 1950s and 1960s who argued for school segregation on ostensibly scientific grounds. The role of science as an authority in society has never been more evident than in the work and rhetoric of these zealouslyracist scholars. This well-researched book is a must-read for anyone interested in modern debates over the study of human diversity or the role of science in contemporary society.a
--Jonathan Marks, author of "What It Means to Be 98% Chimpanzee: Apes, People, and Their Genes"

aA deeply-researched, fascinating, and judicious assessment of the ascientifica arguments that were marshaled against the Supreme Courtas landmark school desegregation decision. Jackson has made a contribution that will endure.a
--Raymond Wolters, author of "Du Bois and His Rivals"

aJacksonas thorough research and a nuanced understanding of the complexities of race and law provide a disturbing cadence to the ongoing debate on race in America.a
--"Multicultural Review"

In this fascinating examination of the intriguing but understudied period following the landmark "Brown v. Board of Education" decision, John Jackson examines the scientific case aimed at dismantling the legislation.

Offering a trenchant assessment of the so-called scientific evidence, Jackson focuses on the 1959 formation of the International Society for the Advancement of Ethnology and Eugenics (IAAEE), whose expressed function was to objectively investigate racial differences and publicize their findings. Notable figures included Carleton Putnam, Wesley Critz George, and Carleton Coon. In an attempt to link race, eugenics and intelligence, they launched legal challenges to the Brown ruling, each chronicled here, that went to trial but ultimately failed.

The history Jackson presents speaks volumes about the legacy of racism, as we can see similar arguments alive and well today in such books as "The Bell Curve" and in otherdebates on race, science, and intelligence. With meticulous research and a nuanced understanding of the complexities of race and law, Jackson tells a disturbing tale about race in America.

This collection is the multifaceted result of an effort to learn from those who have been educated in an American law school and who then returned to their home countries to apply the lessons of that experience in nations experiencing social, economic, governmental, and legal transition. Written by an international group of scholars and practitioners, this work provides a unique insight into the ways in which legal education impacts the legal system in the recipient's home country, addressing such topics as efforts to influence the current style of legal education in a country and the resistance faced from entrenched senior faculty and the use of U.S. legal education methods in government and private legal practice. This book will be of significant interest not only to legal educators in the United States and internationally, and to administrators of legal education policy and reform, but also to scholars seeking a more in-depth understanding of the connections between legal education and socio-political change.

Prior to the 1950s, it was remarkably easy for police to arrest people for a wide variety of activities performed in the streets. Throughout the country, vagrancy laws were far-reaching and pervasive. Yet by the end of the 1960s, streets across America hosted both massive political protests and a cultural revolution that reshaped not only the nation's public spaces, but more broadly its public life. For the era or against it, virtually all agreed that America after the 1960s was starkly different than before it. What happened? In Vagrant Nation, Risa Goluboff provides a truly groundbreaking explanation of the transformation. Focusing on Court decisions that loosened vagrancy laws and opened up the streets to Americans in all their variety, she shows how legal change helped fuel highly public social movements advocating everything from civil rights to peace to gay rights to cultural revolution. Indeed, increased access to the streets increased their public presence and thereby social power. The book is a brilliant example of how a seemingly small event -alteratations to the relatively minor crime of vagrancy-can contribute to a social revolution. Not only that, Goluboff powerfully demonstrates how the courts can advance social change-make history, so to speak. The vagrancy laws were that were on the books virtually everywhere in the 1950s served as a catchall device for police forces intent on establishing public order; you could be arrested for everything from causing a disturbance to behaving in a way contrary to the norm-fraternizing with a member of another race, for example, or publically preaching non-mainstream beliefs like communism. Given the very fluid interpretation of vagrancy, police inevitably abused it to the point where they could arrest almost any "nonconforming" person. Once the Supreme Court began invalidating these laws, it opened up public space to any manner of dissenter or nonconformist: hippies, war protestors, civil rights activists, interracial couples, gays, and, of course, vagrants-all the people occupying spaces previously off-limits to them. Goluboff's account is not just a investigation of the relationship between law and social change, however. It is also a ground-up history-from Skid Row to the Supreme Court-of the culture wars between the New Left and New Right. The results of these battles are abundantly evident today in both positive ways-like the increased openness to all in America's public spaces-and negative ways-especially the explosion of homelessness afterward. In sum, she shows that major societal changes can result not only from big waves, but from seeming ripples too.

The piecemeal developments in product liability reform in Europe have their origins in the tragic association of phocomelia in children with thalidomide in 1962. In many ways these events have continued to generate pressure for reform of product liability, especially for the victims of drug-induced injury. This monograph attempts to address the major problems that typify claims for drug-induced injury, as well as highlighting the complex interrelationship between liability exposure and drug regulation. While medicinal products are subject to strict liability under the product liability directive, the claimant may have considerable difficulty in establishing that the relevant product is defective and that it caused the damage. It may also be necessary to overcome the development risk defence where this is pleaded. The monograph addresses these problems on a comparative jurisprudential basis, and seeks to determine whether medicinal products should be treated as a special case in the field of product liability. It examines the role of epidemiological evidence in assessing causation in product liability cases concerning medicinal products in the light of recent developments in the UK Supreme Court, the United States, Canada and France. In particular, it addresses the difficulties in reconciling the standards of proof in law and science, including the theory that causation can be proved on the balance of probabilities by reference to the doubling of risk of injury. An important case study compares and contrasts the approaches of the UK and the US to the measles, mumps, rubella Litigation. The book also examines the question as to whether compliance with regulatory standards should protect pharmaceutical manufacturers from product liability suits. It seeks to support a via media whereby the victims of drug induced injury can receive justice, while at the same time encouraging drug safety and innovation in drug development.

The Law and Ethics of Medicine: Essays on the Inviolability of Human Life explains the principle of the inviolability of human life and its continuing relevance to English law governing aspects of medical practice at the beginning and end of life. The book shows that the principle, though widely recognized as an historic and foundational principle of the common law, has been misunderstood in the legal academy, at the Bar and on the Bench. Part I of the book identifies the confusion and clarifies the principle, distinguishing it from 'vitalism' on the one hand and a 'qualitative' evaluation of human life on the other. Part II addresses legal aspects of the beginning of life, including the history of the law against abortion and its relevance to the ongoing abortion debate in the US; the law relating to the 'morning after' pill; and the legal status of the human embryo in vitro. Part III addresses legal aspects of the end of life, including the euthanasia debate; the withdrawal of tube-feeding from patients in a 'persistent vegetative state'; and the duty to provide palliative treatment. This unique collection of essays offers a much-needed clarification of a cardinal legal and ethical principle and should be of interest to lawyers, bioethicists, and healthcare professionals (whether they subscribe to the principle or not) in all common law jurisdictions and beyond.

Connected to the jurisprudence surrounding the copyrightability of a factual compilation, this book locates the footprints of the standard envisaged in a US Supreme court decision (Feist) in Europe. In particular, it observes the extent of similarity of such jurisprudence to the standard adopted and deliberated in the European Union. Many a times the reasons behind law making goes unnoticed. The compelling situations and the history existing prior to an enactment helps in understanding the balance that exists in a particular legislation. While looking at the process of enacting the Database Directive (96/9/EC), this book reflects upon the concern that was expressed with the outcome of Feist decision in Europe.

Over the past half century, western democracies have lead efforts to entrench the economic and political values of liberal democracy into the foundations of European and international public order. As this book details, the relationship between the media and the state has been at the heart of those efforts. In that relationship, often framed in constitutional principles, the liberal democratic state has celebrated the liberty to publish information and entertainment content, while also forcefully setting the limits for harmful or offensive expression. It is thus a relationship rooted in the state's need for security, authority, and legitimacy as much as liberalism's powerful arguments for economic and political freedom. In Europe, this long running endeavour has yielded a market based, liberal democratic regional order that has profound consequences for media law and policy in the member states. This book examines the economic and human rights aspects of European media law, which is not only comparatively coherent but also increasingly restrictive, rejecting alternatives that are well within the traditions of liberalism. Parallel efforts in the international sphere have been markedly less successful. In international media law, the division between trade and human rights remains largely unabridged and, in the latter field, liberal democratic concepts of free speech are influential but rarely decisive. In the international sphere states are moreover quick to assert their rights to autonomy. Nonetheless, the current communications revolution has overturned fundamental assumptions about the media and the state around the world, eroding the boundaries between domestic and foreign media as well as mass and personal communication. European and International Media Law sets legal and policy developments in the context of this fast changing, globalized media and communications sector.

"Medical Negligence in Victorian Britain "is the first detailed exploration of the hundreds of charges of neglect against doctors who were contracted to the 'new' poor law after the Poor Law Amendment Act of 1834. The author moves beyond the hyperbole of Victorian public 'scandal' to use medical negligence as a prism through which to view hidden aspects of poor law doctors and their patients. This offers a uniquely grounded perspective, from the day-to-day experience of medical practice - for both doctor and patient - to the context of the medico-political, socio-legal and cultural processes that underpinned the social construction of negligence at this time. The administration of medical care reveals latent failures that were intricately woven into the duties of a medical officer and underscored by the law that governed his workload; however, medical negligence was also a motor for change and a means for permanent officials of the poor law to instil policy in an otherwise contested landscape of localised poor law politics. This book offers a clearly enunciated description of what negligence meant to the Victorians and how they sought to define and deal with negligent care, moving the topic from the sidelines of English welfare history to the centre-stage role it played in Victorian society. Thematically and chronologically arranged in two parts, this important book uses extensive new archive material with a particular focus on the official inquiries into neglect conducted by poor law inspectors. The result is a fresh perspective on the poor laws that has repercussions for wider histories of welfare, medicine and legal medicine.""

Priests of Our Democracy tells of the teachers and professors who battled the anti-communist witch hunt of the 1950s. It traces the political fortunes of academic freedom beginning in the late 19th century, both on campus and in the courts. Combining political and legal history with wrenching personal stories, the book details how the anti-communist excesses of the 1950s inspired the Supreme Court to recognize the vital role of teachers and professors in American democracy. The crushing of dissent in the 1950s impoverished political discourse in ways that are still being felt, and First Amendment academic freedom, a product of that period, is in peril today. In compelling terms, this book shows why the issue should matter to everyone.

Practical Social Work Law: analysing court cases and inquiries presents legal issues associated with social work in an accessible format. It approaches the law in a way that is less daunting and more engaging by examining actual court cases and public inquiries, and explores the stories of real people and the legal and ethical dilemmas practitioners will face. The text adopts a problem-centred approach to learning by introducing the reader to key aspects of the law through a series of real-life situations; it addresses basic principles regarding the operation of the law and explores the lessons for good practice. Each chapter addresses a specific area of social work law including family breakdown, safeguarding children, youth justice, adults with disabilities, mental health and mental capacity. Landmark cases, cases drawn from the lower courts, tribunals, and ombudsmans decisions are included throughout presenting an accessible account of the application of the law. Practical Social Work Law is an essential text for undergraduate, postgraduate and recently qualified social workers who are wrestling with the complexity of the law and the professional dilemmas it poses for their practice. "This book is unusual for a law book in that it is not only a reference book but also a very readable volume...[It] is set out clearly and provides a sound basis for student social workers new to the law and a refresher for qualified practitioners." Catherine Poulter. RSW. Integrated Community Services. Carmarthenshire County Council

On 1 December 2009 the Treaty of Lisbon entered into force. Although often described as primarily technical, it significantly amended the Treaty on the European Union (TEU) and the old EC Treaty (now the Treaty on the Functioning of the European Union, TFEU). The authors' aim in this book is to explore what the Treaty means for social law and social policy at the European level. The first part of the book on the general framework looks - at a time of financial crisis - for new foundations for Europe's Social market economy, questions the balance between fundamental social rights and economic freedoms, analyses the role of the now binding Charter of Fundamental Rights, maps the potential impact of the horizontal clauses on social policy and addresses the possibilities for social partners to enlarge their role in labour law and industrial relations. The second part, on the social framework of the Treaty, focuses on the development of the Union's competences. In it the authors evaluate the consequences of the new general framework on social competences, analyse the evolution of the principle of subsidiarity and its impact in the new Treaty, look at the coordination of economic policies in the light of fundamental rights, and analyse the adoption in the Treaty of a new architecture for services of general interest.

The debate over teaching evolution in the public schools remains one of the most emotionally charged controversies in twentieth-century America. This third edition of Edward J. Larson's highly acclaimed study - which ranges from before the Scopes trial of 1925 to the creationism disputes of the 1980's - offers the first comprehensive account of the educational and legal battles errupting from this persistent belief.

The Internet brings opportunity and peril for media freedom and freedom of expression. It enables new forms of publication and extends the reach of traditional publishers, but its power increases the potential damage of harmful speech and invites state regulation and censorship as well as manipulation by private and commercial interests. In jurisdictions around the world, courts, lawmakers and regulators grapple with these contradictions and challenges in different ways with different goals in mind. The media law reforms they are adopting or considering contain crucial lessons for those forming their own responses or who seek to understand how technology is driving such rapid change in how information and opinion are distributed or restricted. In this book, many of the world's leading authorities examine the emerging landscape of reform in nations with variable political and legal contexts. They analyse developments particularly through the prisms of defamation and media regulation, but also explore the impact of technology on privacy law and national security. Whether as jurists, lawmakers, legal practitioners or scholars, they are at the front lines of a story of epic change in how and why the Internet is changing the nature and raising the stakes of 21st century communication and expression.

One of the primary functions of law is to ensure that the legal structure governing all social relations is predictable, coherent, consistent and applicable. Taken together, these characteristics of law are referred to as legal certainty. In traditional approaches to legal certainty, law is regarded as a hierarchical system of rules characterized by stability, clarity, uniformity, calculable enforcement, publicity and predictability. However, the current reality is that national legal systems no longer operate in isolation, but within a multilevel legal order, wherein norms created at both the international and regional level are directly applicable to national legal systems. Also, norm creation is no longer the exclusive prerogative of public officials of the state: private actors have an increasing influence on norm creation as well. Social scientists have referred to this phenomenon of interacting and overlapping competences as multilevel governance. Only recently have legal scholars focused attention on the increasing interconnectedness (and therefore the concomitant loss of primacy of national legal orders) between the global, European and national regulatory spheres through the concept of multilevel regulation.

In this project the author uses multilevel regulation as a term to characterize a regulatory space in which the process of rule making, rule enforcement and rule adjudication (the regulatory lifecycle) is dispersed across more than one administrative or territorial level and amongst several different actors, both public and private. The author draws on the concept of a regulatory space, using it as a framing device to differentiate between specific aspects of policy fields. The relationship between actors in such a space is non-hierarchical and they may be independent of each other. The lack of central ordering of the regulatory lifecycle within this regulatory space is the most important feature of such a space. The implications of multilevel regulation for the notion of legal certainty have attracted limited attention from scholars and the demand for legal certainty in regulatory practice is still a puzzle. The book explores the idea of legal certainty in terms of the perceptions and expectations of regulatees in the context of medical products - specifically, pharmaceuticals and medical devices, which can be differentiated as two regulatory spaces and therefore form two case studies. As an exploratory project, the book necessarily explores new territory in terms of investigating legal certainty first in terms of regulatee perceptions and expectations and second, because it studies it in the context of multilevel regulation.

In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute's research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues - such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration - that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.