Since "Roe v. Wade," abortion has continued to be a divisive political issue in the United States. In contrast, it has remained primarily a medical issue in Britain and Canada despite the countries' shared heritage. "Doctors and Demonstrators" looks beyond simplistic cultural or religious explanations to find out why abortion politics and policies differ so dramatically in these otherwise similar countries. Drew Halfmann argues that political institutions are the key. In the United States, federalism, judicial review, and a private health care system contributed to the public definition of abortion as an individual right rather than a medical necessity. Meanwhile, Halfmann explains, the porous structure of American political parties gave pro-choice and pro-life groups the opportunity to move the issue onto the political agenda. A groundbreaking study of the complex legal and political factors behind the evolution of abortion policy, "Doctors and Demonstrators" will be vital for anyone trying to understand this contentious issue.

Reimagining the National Security State provides the first comprehensive picture of the toll that US government policies took on civil liberties, human rights, and the rule of law in the name of the war on terror. Looking through the lenses of theory, history, law, and policy, the essays in this volume illuminate the ways in which liberal democracy suffered at the hands of policymakers in the name of national security. The contributors, who are leading experts and practitioners in fields ranging from political theory to evolutionary biology, discuss the vast expansion of executive powers, the excessive reliance secrecy, and the exploration of questionable legal territory in matters of detention, criminal justice, targeted killings, and warfare. This book gives the reader an eye-opening window onto the historical precedents and lasting impact the security state has had on civil liberties, human rights and, the rule of law in the name of the war on terror.

Although rights-based claims are diversifying and opportunities and resources for claims-making have improved, obtaining rights protections and catalysing social change in South Korea remain challenging processes. This volume examines how different groups in South Korea have defined and articulated grievances and mobilized to remedy them. It explores developments in the institutional contexts within which rights claiming occurs and in the sources of support available for utilizing different claims-making channels. Drawing on scores of original interviews, readings of court rulings and statutes, primary archival and digital sources, and interpretive analysis of news media coverage in Korean, this volume illuminates rights in action. The chapters uncover conflicts over contending rights claims, expose disparities between theory and practice in the law, trace interconnections among rights-based movements, and map emerging trends in the use of rights language. Case studies examine the rights of women, workers, people with disabilities, migrants, and sexual minorities.

In Badges and Incidents, Michael J. Kaufman undertakes an interdisciplinary investigation of American education law and pedagogy. By weaving together the invaluable insights of law, education, history, political science, economics, psychology, and neuroscience, this book illuminates the ways in which the design of the American educational system does not reflect how human beings live and learn. It examines the principles of the nation's Founders and demonstrates how a distorted presentation of the Founders' views curtailed the development of a truly democratic educational system. The influence of this distortion on several critical Supreme Court decisions is exposed, and these decisions have largely failed to facilitate the educational system the Founders envisioned. By placing contemporary challenges in context and endorsing social constructivist pedagogy as the best path forward, Kaufman's study will prove invaluable to advocates of equity in education, helping them navigate a contentious political climate with an eye toward future reform efforts.

Kommt es im Nachgang an ein Strafverfahren zu einem ausserstrafrechtlichen Folgeverfahren, stellt sich die Frage, wie mit Verdachtsmomenten umzugehen ist. Besonders im Fall eines Freispruchs aus Mangel an Beweisen bestehen Schwierigkeiten, den Schutz des Freigesprochenen auch im Folgeverfahren zu gewahrleisten ohne Rechte Dritter zu beschranken. Der Europaische Gerichtshof fur Menschenrechte begegnet dieser Problematik mit einer Ausweitung der Unschuldsvermutung auf den ausserstrafrechtlichen Bereich. Zentrales Thema dieser Arbeit ist, ob diese Rechtsprechung in das deutsche Recht transferiert werden kann. Die Autorin setzt sich mit der einschlagigen Rechtsprechung und Literatur auseinander und kommt zu einer vermittelnden Loesung. Daraus entwickelt sie konkrete Praxishinweise.

Since the 2004 presidential campaign, when the Bush presidential advance team prevented anyone who seemed unsympathetic to their candidate from attending his ostensibly public appearances, it has become commonplace for law enforcement officers and political event sponsors to classify ordinary expressions of dissent as security threats and to try to keep officeholders as far removed from possible protest as they can. Thus without formally limiting free speech the government places arbitrary restrictions on how, when, and where such speech may occur.

When and how might the term genocide appropriately be ascribed to the experience of North American Indigenous nations under settler colonialism? Laurelyn Whitt and Alan W. Clarke contend that, if certain events which occurred during the colonization of North America were to take place today, they could be prosecuted as genocide. The legal methodology that the authors develop to establish this draws upon the definition of genocide as presented in the United Nations Genocide Convention and enhanced by subsequent decisions in international legal fora. Focusing on early British colonization, the authors apply this methodology to two historical cases: that of the Beothuk Nation from 1500-1830, and of the Powhatan Tsenacommacah from 1607-77. North American Genocides concludes with a critique of the Conventional account of genocide, suggesting how it might evolve beyond its limitations to embrace the role of cultural destruction in undermining the viability of human groups.

News headlines about privacy invasions, discrimination, and biases discovered in the platforms of big technology companies are commonplace today, and big tech's reluctance to disclose how they operate counteracts ideals of transparency, openness, and accountability. This book is for computer science students and researchers who want to study big tech's corporate surveillance from an experimental, empirical, or quantitative point of view and thereby contribute to holding big tech accountable. As a comprehensive technical resource, it guides readers through the corporate surveillance landscape and describes in detail how corporate surveillance works, how it can be studied experimentally, and what existing studies have found. It provides a thorough foundation in the necessary research methods and tools, and introduces the current research landscape along with a wide range of open issues and challenges. The book also explains how to consider ethical issues and how to turn research results into real-world change.

The concept of a risk-based approach to data protection came to the fore during the overhaul process of the EU's General Data Protection Regulation (GDPR). At its core, it consists of endowing the regulated organizations that process personal data with increased responsibility for complying with data protection mandates. Such increased compliance duties are performed through risk management tools. This book provides a comprehensive analysis of this legal and policy development, which considers a legal, historical, and theoretical perspective. By framing the risk-based approach as a sui generis implementation of a specific regulation model 'known as meta regulation, this book provides a recollection of the policy developments that led to the adoption of the risk-based approach in light of regulation theory and debates. It also discusses a number of salient issues pertaining to the risk-based approach, such as its rationale, scope, and meaning; the role for regulators; and its potential and limits. The book also looks at they way it has been undertaken in major statutes with a focus on key provisions, such as data protection impact assessments or accountability. Finally, the book devotes considerable attention to the notion of risk. It explains key terms such as risk assessment and management. It discusses in-depth the role of harms in data protection, the meaning of a data protection risk, and the difference between risks and harms. It also critically analyses prevalent data protection risk management methodologies and explains the most important caveats for managing data protection risks.

Laws and norms that focus on women's lives in conflict have proliferated across the regimes of international humanitarian law, international criminal law, international human rights law and the United Nations Security Council. While separate institutions, with differing powers of monitoring and enforcement, implement these laws and norms, the activities of regimes overlap. Women's Rights in Armed Conflict under International Law is the first book to account for this pluralism and institutional diversity. This book identifies key aspects of how different regimes regulate women's rights in conflict, and how they interact. Using country case studies to reveal the practical implications of the fragmented protection of women's rights in conflict, this book offers a dynamic account of how regimes and institutions interact, the extent to which they reinforce each other, and the tensions and gaps in regulation that emerge.

Censorship, Urdu literature, Islam, and progressive secular nationalisms in colonial India and Pakistan have a complex, intertwined history. Sarah Waheed offers a timely examination of the role of progressive Muslim intellectuals in the Pakistan movement. She delves into how these left-leaning intellectuals drew from long-standing literary traditions of Islam in a period of great duress and upheaval, complicating our understanding of the relationship between religion and secularism. Rather than seeing 'religion' and 'the secular' as distinct and oppositional phenomena, this book demonstrates how these concepts themselves were historically produced in South Asia and were deeply interconnected in the cultural politics of the left. Through a detailed analysis of trials for blasphemy, obscenity, and sedition, and feminist writers, Waheed argues that Muslim intellectuals engaged with socialism and communism through their distinctive ethical and cultural past. In so doing, she provides a fresh perspective on the creation of Pakistan and South Asian modernity.

We are currently witnessing some of the greatest challenges to democratic regimes since the 1930s, with democratic institutions losing ground in numerous countries throughout the world. At the same time organized labor has been under assault worldwide, with steep declines in union density rates. In this timely handbook, scholars in law, political science, history, and sociology explore the role of organized labor and the working class in the historical construction of democracy. They analyze recent patterns of democratic erosion, examining its relationship to the political weakening of organized labor and, in several cases, the political alliances forged by workers in contexts of nationalist or populist political mobilization. The volume breaks new ground in providing cross-regional perspectives on labor and democracy in the United States, Europe, Latin America, Africa, and Asia. Beyond academia, this volume is essential reading for policymakers and practitioners concerned with the relationship between labor and democracy.

In the first comparative analysis of its kind, Djordje Sredanovic investigates integration policy and practice in the UK and Belgium. The book uses interviews with frontline officers to compare and contrast approaches to citizenship and nationality and measure the levels of discretion in each country, deepening our understanding of how policies are actually executed.

Pornography has long proven a polarizing and vexing subject in legal and feminist debates. Women's social movements have fought ferociously against pornography since the 1970s, emphasizing its contribution to violence against women. At least two to four of ten young men consume it three times or more per week. The pornography industry exploits poor populations, who are multiply and intersectionally disadvantaged based on gender, race, or other vulnerabilities. A thorough analytical review of empirical studies using complementing methods demonstrates that using pornography substantially contributes to consumers becoming more sexually aggressive, on average desensitizing them and contributing to a demand for more subordinating, aggressive, and degrading materials. Consumers are also often found wishing to imitate pornography with unwilling partners; many demand sex from prostituted people, who have few or no alternatives. While the supporting scientific evidence of harm is growing exponentially, the politics of legal challenges to pornography still constitutes an amalgam of some of the most intractable, thorny, and adversarial obstacles to change. This book assesses American, Canadian, and Swedish legal challenges to the explosive spread of pornography within their significantly different democratic systems, and constructs a political and legal theory for effectively challenging the sex industry under law. The obstacles to this challenge are exposed as more ideological and political than strictly legal, although they often play out in the legal arena. Legal challenges to the harms are shown to be more effective under legal systems that promote equality and when the laws empower those most harmed, in contrast to state-enforced regulations (e.g., criminal obscenity laws). Drawing on feminist and intersectional theory, among others, this book argues that pornography is among the linchpins of sex inequality, contending that civil rights legislation and a civil society forum can empower those harmed with representatives who have more substantial incentives to address them. This book explains why democracies fail to address the harms of pornography, and offers a political and legal theory for changing the status quo. These insights can be applied to other intractable problems associated with hierarchies, and will appeal profoundly to political theorists and those invested in civil and human rights.

On the twelfth floor of an undistinguished-looking high-rise, a tribunal adjudicates the human rights of Indigenous individuals. Why isn't the process working? Witness to the Human Rights Tribunals draws on testimony, ethnographic data, and years of tribunal decisions to show how specific cases are fought, and offers an in-depth look at anthropological expertise in the courts. Bruce Miller's candid analysis reveals the double-edged nature of the tribunal, which both protects human rights and re-engages the trauma of discrimination that suffuses social and legal systems. He definitively concludes that any reform must recognize symbolic trauma before Indigenous claimants can receive appropriate justice.

In this book Lesley Jacobs challenges the view, now prevalent in North America and Western Europe, that the primary function of a nation's social policy should be to provide support only for the poorest people instead of social services accessible to all its citizens. In an interesting and distinctive argument he develops and defends the idea that access to basic rights such as education, health care, adequate housing, and income support can provide a solid moral foundation for redistributive state welfare programmes, maintaining that any nation which purports to take rights to basic liberties seriously must also be fully committed to the principles of the welfare state. Dr Jacob's thesis addresses a pressing political and philosophical problem at the heart of the policies and structure of the modern state.

Eine der Kernaufgaben des Insolvenzverwalters bzw. Sachwalters besteht in der Ruckabwicklung von vorinsolvenzlichen Vermoegensverfugungen nach den 129 ff. InsO. Bei Interessenkollisionen kann indes ein Unterlassen der Insolvenzanfechtung fur den Verwalter opportun erscheinen. Dann kommt zum einen eine zivilrechtliche Schadensersatzpflicht in Betracht. Zum anderen steht eine Untreue- und Bankrottstrafbarkeit im Raum. Der Autor setzt sich in dieser Publikation mit der Strafbarkeit des Verwalters aufgrund der pflichtwidrig unterlassenen Anfechtung - unter umfassender Berucksichtigung der insolvenzrechtlichen Hintergrunde - auseinander. Im Anschluss an die materiell-rechtliche Beurteilung geht der Autor auf die strafprozessualen Schwierigkeiten bei der Beweisaufnahme und -wurdigung ein.

Leading legal scholar John Witte, Jr. explores the role religion played in the development of rights in the Western legal tradition and traces the complex interplay between human rights and religious freedom norms in modern domestic and international law. He examines how US courts are moving towards greater religious freedom, while recent decisions of the pan-European courts in Strasbourg and Luxembourg have harmed new religious minorities and threatened old religious traditions in Europe. Witte argues that the robust promotion and protection of religious freedom is the best way to protect many other fundamental rights today, even though religious freedom and other fundamental rights sometimes clash and need judicious balancing. He also responds to various modern critics who see human rights as a betrayal of Christianity and religious freedom as a betrayal of human rights.

Leading legal scholar John Witte, Jr. explores the role religion played in the development of rights in the Western legal tradition and traces the complex interplay between human rights and religious freedom norms in modern domestic and international law. He examines how US courts are moving towards greater religious freedom, while recent decisions of the pan-European courts in Strasbourg and Luxembourg have harmed new religious minorities and threatened old religious traditions in Europe. Witte argues that the robust promotion and protection of religious freedom is the best way to protect many other fundamental rights today, even though religious freedom and other fundamental rights sometimes clash and need judicious balancing. He also responds to various modern critics who see human rights as a betrayal of Christianity and religious freedom as a betrayal of human rights.

Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Interpretations of international human rights treaties tend either to ignore or downplay obligations beyond this 'territorial space'. This edited volume challenges the territorial bias of mainstream human rights law. It argues that with increased globalisation and the impact of international corporations, organisations and non-State actors, human rights law will become less relevant if it fails to adapt to changing realities in which States are no longer the only leading actor. Bringing together leading scholars in the field, the book explores potential applications of international human rights law in a multi-duty bearer setting. The first part of the book examines the current state of the human rights obligations of foreign States, corporations and international financial institutions, looking in particular at the ways in which they address questions of attribution and distribution of obligations and responsibility. The second part is geared towards the identification of common principles that may underpin a human rights legal regime that incorporates obligations of foreign States as well as of non-State actors. As a marker of important progress in understanding what lies ahead for integrating foreign States and non-State actors in the human rights dutybearer regime, this book will be of great interest to scholars and practitioners of international human rights law, public international law and international relations.

Most people believe that our rights to privacy and free speech are inevitably in conflict. Courts all over the world have struggled with how to reconcile the two for over a century, and the rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, filled with hurtful and harmful expression and data flows. In Intellectual Privacy, Neil Richards offers a solution that ensures that our ideas and values keep pace with our technologies. Because of the importance of free speech to open societies, he argues that when privacy and free speech truly conflict, free speech should almost always win. But in sharp contrast to conventional wisdom, Richards argues that speech and privacy are only rarely in conflict. True invasions of privacy like peeping toms or electronic surveillance should almost never be protected as "free speech." And critically, Richards shows how most of the law we enact to protect online privacy poses no serious burden to public debate, and how protecting the privacy of our data is not censorship. A timely and provocative book on a subject that affects us all, Intellectual Privacy will radically reshape the debate about privacy and free speech in our digital age.

In der Europaischen Union fehlt es noch immer an einem vereinheitlichten Gesellschaftsrecht. Die haftungsbegrundenden Regelungen in den jeweiligen Mitgliedsstaaten gleichen einem Flickenteppich. Dieses Buch untersucht nach der methodischen Rechtsvergleichung die Haftung der Muttergesellschaft in Deutschland, England und Frankreich. Der Rechtsvergleich arbeitet die Gemeinsamkeiten und Unterschiede in den Haftungsverfassungen heraus und stellt die Grundlage fur den Vorschlag einer etwaigen Rechtsvereinheitlichung dar. Der Autor schlagt im Wege der Rechtsvereinheitlichung einen Neuanlauf einer Europa-GmbH unter dem Titel "Societas Unius Personae Europaea" vor, die einen geeigneten Konzernbaustein fur grenzuberschreitend tatige Konzerne darstellen soll.

For the average person, genetic testing has two very different faces. The rise of genetic testing is often promoted as the democratization of genetics by enabling individuals to gain insights into their unique makeup. At the same time, many have raised concerns that genetic testing and sequencing reveal intensely personal and private information. As these technologies become increasingly available as consumer products, the ethical, legal, and regulatory challenges presented by genomics are ever looming. Assembling multidisciplinary experts, this volume evaluates the different models used to deliver consumer genetics and considers a number of key questions: How should we mediate privacy and other ethical concerns around genetic databases? Does aggregating data from genetic testing turn people into products by commercializing their data? How might this data reduce or exacerbate existing healthcare disparities? Contributing authors also provide guidance on protecting consumer privacy and safety while promoting innovation.