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.

While almost everyone has heard of human rights, few will have reflected in depth on what human rights are, where they originate from and what they mean. A Philosophical Introduction to Human Rights - accessibly written without being superficial - addresses these questions and provides a multifaceted introduction to legal philosophy. The point of departure is the famous 1948 Universal Declaration of Human Rights, which provides a frame for engagement with western legal philosophy. Thomas Mertens sketches the philosophical and historical background of the Declaration, discusses the ten most important human rights with the help of key philosophers, and ends by reflecting on the relationship between rights and duties. The basso continuo of the book is a particular world view derived from Immanuel Kant. 'Unsocial sociability' is what characterises humans, i.e. the tension between man's individual and social nature. Some human rights emphasize the first, others the second aspect. The tension between these two aspects plays a fundamental role in how human rights are interpreted and applied.

Current estimates of the numbers of people who will be forced from their homes as a result of climate change by the middle of the century range from 50 to 200 million. Therefore, even the most optimistic projections envisage a crisis of migration that will dwarf any we have seen so far. And yet attempts to develop legal mechanisms to deal with this impending crisis have reached an impasse that shows little sign of being overcome. This is in spite of the rapidly growing academic study and policy development in the area of climate change generally. 'Climate Refugees': Beyond the Legal Impasse? addresses a fundamental gap in academic literature and policy making - namely the legal 'no-man's land' in which the issue of climate refugees currently resides. Past proposals for the regulation of climate-induced migration are evaluated, inter alia by their original authors, and the volume also looks at current attempts to regulate climate-induced migration, including by officials from the International Organization for Migration (IOM), the office of the United Nations High Commissioner for Refugees (UNHCR) and the Platform on Displacement Disaster (PDD). Bringing together experts from a variety of academic fields, as well as officials from leading international organisations, this book will be of great interest to students and researchers of Environmental Law, Refugee Law, Human Rights Law, Environmental Studies and International Relations.

'Devastating and urgent, this book could not be more timely' Caroline Criado Perez, award-winning and bestselling author of Invisible Women Danielle Citron takes the conversation about technology and privacy out of the boardrooms and op-eds to reach readers where we are - in our bathrooms and bedrooms; with our families and our lovers; in all the parts of our lives we assume are untouchable - and shows us that privacy, as we think we know it, is largely already gone. The boundary that once protected our intimate lives from outside interests is an artefact of the twentieth century. In the twenty-first, we have embraced a vast array of technology that enables constant access and surveillance of the most private aspects of our lives. From non-consensual pornography, to online extortion, to the sale of our data for profit, we are vulnerable to abuse -- and our laws have failed miserably to keep up. With vivid examples drawn from interviews with victims, activists and lawmakers from around the world, The Fight for Privacy reveals the threat we face and argues urgently and forcefully for a reassessment of privacy as a human right. As a legal scholar and expert, Danielle Citron is the perfect person to show us the way to a happier, better protected future.

A sweeping historical and political account of how our present-day policy debates around citizenship and equality came to be The landmark Supreme Court decision in June 2015 legalizing the right to same-sex marriage marked a major victory in gay and lesbian rights in the United States. Once subject to a patchwork of laws granting legal status to same-sex couples in some states and not others, gay and lesbian Americans now enjoy full legal status for their marriages wherever they travel or reside in the country. For many, the Supreme Court's ruling means that gay and lesbian citizens are one step closer to full equality with the rest of America. In Fragmented Citizens, Stephen M. Engel contends that the present moment in gay and lesbian rights in America is indeed one of considerable advancement and change-but that there is still much to be done in shaping American institutions to recognize gays and lesbians as full citizens. With impressive scope and fascinating examples, Engel traces the relationship between gay and lesbian individuals and the government from the late nineteenth century through the present. Engel shows that gays and lesbians are more accurately described as fragmented citizens. Despite the marriage ruling, Engel argues that LGBT Americans still do not have full legal protections against workplace, housing, family, and other kinds of discrimination. There remains a continuing struggle of the state to control the sexuality of gay and lesbian citizens-they continue to be fragmented citizens. Engel argues that understanding the development of the idea of gay and lesbian individuals as 'less-than-whole' citizens can help us make sense of the government's continued resistance to full equality despite massive changes in public opinion. Furthermore, he argues that it was the state's ability to identify and control gay and lesbian citizens that allowed it to develop strong administrative capacities to manage all of its citizens in matters of immigration, labor relations, and even national security. The struggle for gay and lesbian rights, then, affected not only the lives of those seeking equality but also the very nature of American governance itself. Fragmented Citizens is a sweeping historical and political account of how our present-day policy debates around citizenship and equality came to be.

Between the 1960s and the 1980s, the human rights movement achieved unprecedented global prominence. Amnesty International attained striking visibility with its Campaign Against Torture; Soviet dissidents attracted a worldwide audience for their heroism in facing down a totalitarian state; the Helsinki Accords were signed, incorporating a "third basket" of human rights principles; and the Carter administration formally gave the United States a human rights policy. The Breakthrough is the first collection to examine this decisive era as a whole, tracing key developments in both Western and non-Western engagement with human rights and placing new emphasis on the role of human rights in the international history of the past century. Bringing together original essays from some of the field's leading scholars, this volume not only explores the transnational histories of international and nongovernmental human rights organizations but also analyzes the complex interplay between gender, sociology, and ideology in the making of human rights politics at the local level. Detailed case studies illuminate how a number of local movements-from the 1975 World Congress of Women in East Berlin, to antiapartheid activism in Britain, to protests in Latin America-affected international human rights discourse in the era as well as the ways these moments continue to influence current understanding of human rights history and advocacy. The global south-an area not usually treated as a scene of human rights politics-is also spotlighted in groundbreaking chapters on Biafran, South American, and Indonesian developments. In recovering the remarkable presence of global human rights talk and practice in the 1970s, The Breakthrough brings this pivotal decade to the forefront of contemporary scholarly debate. Contributors: Carl J. Bon Tempo, Gunter Dehnert, Celia Donert, Lasse Heerten, Patrick William Kelly, Benjamin Nathans, Ned Richardson-Little, Daniel Sargent, Brad Simpson, Lynsay Skiba, Simon Stevens.

There are a multitude of UN legal instruments which pertain to the rights of freedom of expression and information, and this book is the first to comprehensively map them and their function. It details the chequered history of both of these rights within the UN system and evaluates the suitability of the system for overcoming contemporary challenges and threats to the rights. Leading scholars address key issues, such as how the rights to freedom of expression and information can come into conflict with other human rights and with public policy goals, such as counter-terrorism. The book's institutional focus comprises five international treaties, UNESCO and the UN Special Rapporteur on freedom of expression. Relevant for academics, lawyers, policy-makers and civil society actors, it also examines how new communication technologies have prompted fresh thinking about the substance and scope of the rights to freedom of expression and information.

Advertising is everywhere. By some estimates, the average American is exposed to over 3,000 advertisements each day. Whether we realize it or not, "adcreep"-modern marketing's march to create a world where advertising can be expected anywhere and anytime-has come, transforming not just our purchasing decisions, but our relationships, our sense of self, and the way we navigate all spaces, public and private. Adcreep journeys through the curious and sometimes troubling world of modern advertising. Mark Bartholomew exposes an array of marketing techniques that might seem like the stuff of science fiction: neuromarketing, biometric scans, automated online spies, and facial recognition technology, all enlisted to study and stimulate consumer desire. This marriage of advertising and technology has consequences. Businesses wield rich and portable records of consumer preference, delivering advertising tailored to your own idiosyncratic thought processes. They mask their role by using social media to mobilize others, from celebrities to your own relatives, to convey their messages. Guerrilla marketers turn every space into a potential site for a commercial come-on or clandestine market research. Advertisers now know you on a deeper, more intimate level, dramatically tilting the historical balance of power between advertiser and audience. In this world of ubiquitous commercial appeals, consumers and policymakers are numbed to advertising's growing presence. Drawing on a variety of sources, including psychological experiments, marketing texts, communications theory, and historical examples, Bartholomew reveals the consequences of life in a world of non-stop selling. Adcreep mounts a damning critique of the modern American legal system's failure to stem the flow of invasive advertising into our homes, parks, schools, and digital lives.

In 1993, JosE MedellIn, an eighteen-year-old Mexican national who lived most of his life in the United States, was arrested for his participation in the gang rape and murder of two girls in Houston, Texas. Despite telling police that he was born in Mexico, he was never informed of his rights to contact the Mexican Consulate, a right guaranteed to him by Article 36 of the Vienna Convention on Consular Relations. The Mexican government filed suit against the United States in the International Court of Justice (ICJ), which ruled that the United States had violated the rights of both Mexico and MedellIn, along with fifty-one other Mexican nationals in other cases. The ICJ instructed the United States to provide "review and reconsideration" of the convictions and sentences of the fifty-two Mexican nationals.Armed with this new decision, MedellIn sought a writ of habeas corpus, which was denied by the lower courts. He petitioned for a writ of certiorari, which the Supreme Court granted, twice. While President George W. Bush sided with the ICJ, the State of Texas, under Solicitor General Ted Cruz, argued against the president. Despite a nearly universal belief among court watchers and legal scholars that Texas would lose, the Court in a 6-3 decision ruled in favor of Texas and against MedellIn in June 2008. MedellIn was executed just two months later. In this volume Alan Mygatt-Tauber tells the story of MedellIn v. Texas, showing how the Court's 2008 ruling grappled with the complex question of how a united republic that respects the dual sovereignty of its constituent parts struggles to comply with its international obligations. But this is also a story of international human rights and the anomalous position of the United States regarding the death penalty compared to other nations. In the closing chapters, the author explores the aftermath of the execution, including the continued effort of Mexico to seek justice for its nationals. Mygatt-Tauber offers a detailed examination of the case at every stage of proceedings-trial, appeal, at the International Court of Justice, and in both trips to the Supreme Court. He provides never-before-revealed information about the thinking of the Bush White House in the decision to comply with the ICJ's judgment and to withdraw from the Optional Protocol to the Vienna Convention which granted the ICJ jurisdiction.

This book makes first amendment issues immediate and contemporary. When Freedom Speaks chronicles the stories behind our First Amendment right to speak our minds. Lynn Levine Greenky's background as a lawyer, rhetorician, and teacher gives her a unique perspective on the protection we have from laws that abridge our right to the freedom of speech. Rhetoricians focus on language and how it influences perception and moves people to action. Powerfully employing that rhetorical approach, this book explores concepts related to free speech as moral narratives that proscribe the boundaries of our constitutionally protected right. Using the characters and drama embedded in legal cases that elucidate First Amendment principles, When Freedom Speaks makes the concepts easier to understand and clearly applicable to our lives. With a wide range of examples and accessible language, this book is the perfect overview of the First Amendment.

An introduction to the legal concept of unconstitutional bias. If a town council denies a zoning permit for a group home for intellectually disabled persons because residents don't want "those kinds of people" in the neighborhood, the town's decision is motivated by the public's dislike of a particular group. Constitutional law calls this rationale "animus." Over the last two decades, the Supreme Court has increasingly turned to the concept of animus to explain why some instances of discrimination are unconstitutional. However, the Court's condemnation of animus fails to address some serious questions. How can animus on the part of people and institutions be uncovered? Does mere opposition to a particular group's equality claims constitute animus? Does the concept of animus have roots in the Constitution? Animus engages these important questions, offering an original and provocative introduction to this type of unconstitutional bias. William Araiza analyzes some of the modern Supreme Court's most important discrimination cases through the lens of animus, tracing the concept from nineteenth century legal doctrine to today's landmark cases, including Obergefell vs. Hodges and United States v. Windsor, both related to the legal rights of same-sex couples. Animus humanizes what might otherwise be an abstract legal question, illustrating what constitutes animus, and why the prohibition against it matters more today than ever in our pluralistic society.

The interaction between individual rights, which are often seen in secular terms, and religion is becoming an important and complex topic not only for academic study but for practical policy. This volume collects a range of writings from journals, edited collections and individual books which deal with different aspects of the interaction within the context of family life, and which appear with their original pagination. These studies have been selected because they throw a sharp light on central elements of the role of religion in determining the structure of the rights of family members in relation to one another, both from an historical and contemporary perspective. While many of the writings are focused on US and European systems, selected writings covering other systems illustrate the universal nature of the topic. The studies are accompanied by a reflective commentary from the editor which sets the writings in a broad context of social, constitutional and philosophical thought, with the aim of stimulating critical thought and discussion.

Western commentators have often criticized the state of press freedom in China, arguing that individual speech still suffers from arbitrary restrictions and that its mass media remains under an authoritarian mode. Yet the history of press freedom in the Chinese context has received little examination. Unlike conventional historical accounts which narrate the institutional development of censorship and people's resistance to arbitrary repression, Freedom of the Press in China: A Conceptual History, 1831-1949 is the first comprehensive study presenting the intellectual trajectory of press freedom. It sheds light on the transcultural transference and localization of the concept in modern Chinese history, spanning from its initial introduction in 1831 to the establishment of the People's Republic of China in 1949. By examining intellectuals' thoughts, common people's attitudes, and official opinions, along with the social-cultural factors that were involved in negotiating Chinese interpretations and practices in history, this book uncovers the dynamic and changing meanings of press freedom in modern China.

Police Misconduct is a comprehensive yet highly practical guide for practitioners and advisers covering the two major routes to remedying police misconduct: police complaints and civil actions in the courts. It equips the reader with the essentials for advising on the full range of procedures, strategies and tactics available and provides thorough procedural advice and step-by-step guidance from pre-issue considerations through to jury trial and appeal. There is detailed guidance on the most common torts - false imprisonment, malicious prosecution and misfeasance and clear analysis of developing causes of actions against the police such as negligence, privacy, discrimination and claims under the Human Rights Act 1998. Contents include: *The constitutional and organisational position of the police *Police complaints: overview, structure, initial stages, investigation and outcomes *Police disciplinary system *False imprisonment and deprivation of liberty *Personal injury, trespass to the person, and failure to protect from harm *Malicious prosecution and misuse of power *Land and property *Protest and freedom of speech *Information *Discrimination and vulnerable groups *Prosecutorial decisions *Bringing a claim against the police *Issue of proceedings to exchange of witness statements *The trial and appeals *Damages

This book contributes to current debates on the protection of human rights in the 21st century. With the global economic collapse, the rise of the BRICS, the post-intervention chaos in Libya, the migration crisis in Europe, and the regional conflagration sparked by the conflict in Syria, the need to protect human rights has arguably never been greater. In light of the precipitous decline in global respect for human rights and the eruption or escalation of intra-state crises across the world, this book asks 'what is the future of human rights protection?'. Seeking to avoid both denial and fatalism, this book thus aims to: examine the principles at the very foundation of the debate on human rights; diagnose the causes of the decline of liberal internationalism so as to offer guiding lessons for future initiatives; identify those practices and developments that can, and should, be preserved in the new era; question the parameters of the contemporary debate and advance perspectives that aim to identify the contours of future ideas and practices that may offer a way forward. This book will be of much interest to students of humanitarian intervention, R2P, international organisations, human rights and security studies.

How Western nations have consolidated their whiteness through the figure of the Muslim in the post-9/11 world While much has been written about post-9/11 anti-Muslim racism (often termed Islamophobia), insufficient attention has been given to how anti-Muslim racism operates through law and is a vital part of law's protection of whiteness. This book fills this gap while also providing a unique new global perspective on white supremacy. Sherene H. Razack, a leading critical race and feminist scholar, takes an innovative approach by situating law within media discourses and historical and contemporary realities. We may think of law as logical, but, argues Razack, its logic breaks down when the subject is Muslim. Tracing how white subjects and majority-white nations in the post-9/11 era have consolidated their whiteness through the figure of the Muslim, Razack examines four sites of anti-Muslim racism: efforts by American evangelical Christians to ban Islam in the school curriculum; Canadian and European bans on Muslim women's clothing; racial science and the sentencing of Muslims as terrorists; and American national memory of the torture of Muslims during wars and occupations. Arguing that nothing has to make sense when the subject is Muslim, she maintains that these legal and cultural sites reveal the dread, phobia, hysteria, and desire that mark the encounter between Muslims and the West. Through the prism of racism, Nothing Has to Make Sense argues that the figure of the Muslim reveals a world divided between the deserving and the disposable, where people of European origin are the former and all others are confined in various ways to regimes of disposability. Emerging from critical race theory, and bridging with Islamophobia/critical religious studies, it demonstrates that anti-Muslim racism is a revelatory window into the operation of white supremacy as a global force.

Why do the decisions of the European Court of Human Rights in Strasbourg have such an impact on UK law? Why did the UK need a Human Rights Act - and why do some people say it should be repealed? Human Rights Law Directions tackles these and many more questions, introducing students to this exciting area of law. The Directions series has been written with students in mind. The ideal guide as they approach the subject for the first time, this book will help them: - Gain a complete understanding of the topic: just the right amount of detail conveyed clearly - Understand the law in context: with scene-setting introductions and highlighted case extracts, the practical importance of the law becomes clear - Identify when and how to evaluate the law critically: they'll be introduced to the key areas of debate and given the confidence to question the law - Deepen and test knowledge: visually engaging learning and self-testing features aid understanding and help students tackle assessments with confidence - Elevate their learning: with the ground-work in place you can aspire to take learning to the next level, with direction provided on how to go further Digital formats and resources The fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The online resources that support the book include: * Multiple choice questions * Flashcard glossary * Guidance on answering the end of chapter exam questions * Guidance on answering the end of chapter self-test questions * Annotated web links * Annual updates to the book

Available Open Access under CC-BY licence. Irish law currently permits abortion only where the life of the pregnant woman is at risk. Since 1983, the 8th Amendment to the Constitution has recognised the "unborn" as having a right to life equal to that of the "mother". Consequently, most people in Ireland who wish to bring their pregnancies to an end either import the abortion pill illegally, travel abroad to access abortion, or continue with the pregnancy against their will. Now, however, there are signs of change. A constitutional referendum will be held in 2018, after which it will be possible to reimagine, redesign, and reform the law on abortion. Written by experts in the field, this book draws on experience from other countries, as well as experiences of maternal medical care in Ireland, to call for a feminist, woman-centered, and rights-based radical new approach to abortion law in Ireland. Directly challenging grounds-based abortion law, this accessible guide brings together feminist analysis, comparative research, human rights law, and political awareness to propose a new constitutional and legislative settlement on reproductive autonomy in Ireland. It offers practical proposals for policymakers and advocates, including model legislation, making it an essential campaigning tool leading up to the referendum.

Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations. This is what Alexander Somek argues is the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world.

Social justice and human rights movements are entering a new phase. Social media, artificial intelligence, and digital forensics are reshaping advocacy and compliance. Technicians, lawmakers, and advocates, sometimes in collaboration with the private sector, have increasingly gravitated toward the possibilities and dangers inherent in the nonhuman. #HumanRights examines how new technologies interact with older models of rights claiming and communication, influencing and reshaping the modern-day pursuit of justice. Ronald Niezen argues that the impacts of information technologies on human rights are not found through an exclusive focus on sophisticated, expert-driven forms of data management but in considering how these technologies are interacting with other, "traditional" forms of media to produce new avenues of expression, public sympathy, redress of grievances, and sources of the self. Niezen considers various ways that the pursuit of justice is happening via new technologies, including crowdsourcing, social media-facilitated mobilizations (and enclosures), WhatsApp activist networks, and the selective attention of Google's search engine algorithm. He uncovers how emerging technologies of data management and social media influence the ways that human rights claimants and their allies pursue justice, and the "new victimology" that prioritizes and represents strategic lives and types of violence over others. #HumanRights paints a striking and important panoramic picture of the contest between authoritarianism and the new tools by which people attempt to leverage human rights and bring the powerful to account.

In the United States and Europe, an increasing emphasis on equality has pitted rights claims against each other, raising profound philosophical, moral, legal, and political questions about the meaning and reach of religious liberty. Nowhere has this conflict been more salient than in the debate between claims of religious freedom, on one hand, and equal rights claims made on the behalf of members of the lesbian, gay, bisexual, and transgender (LGBT) community, on the other. As new rights for LGBT individuals have expanded in liberal democracies across the West, longstanding rights of religious freedom - such as the rights of religious communities to adhere to their fundamental teachings, including protecting the rights of conscience; the rights of parents to impart their religious beliefs to their children; and the liberty to advance religiously-based moral arguments as a rationale for laws - have suffered a corresponding decline. Timothy Samuel Shah, Thomas F. Farr, and Jack Friedman's volume, Religious Freedom and Gay Rights brings together some of the world's leading thinkers on religion, morality, politics, and law to analyze the emerging tensions between religious freedom and gay rights in three key geographic regions: the United States, the United Kingdom, and continental Europe. What implications will expanding regimes of equality rights for LGBT individuals have on religious freedom in these regions? What are the legal and moral frameworks that govern tensions between gay rights and religious freedom? How are these tensions illustrated in particular legal, political, and policy controversies? And what is the proper way to balance new claims of equality against existing claims for freedom of religious groups and individuals? Religious Freedom and Gay Rights offers several explorations of these questions.

Diplomacy is used primarily to advance the interests of a state beyond its borders, within a set of global norms intended to assure a degree of international harmony. As a result of internal and international armed conflicts, the need to negotiate peace through an emerging system of international humanitarian and criminal law has required nations to use diplomacy to negotiate 'peace versus justice' trade-offs. Justice and Diplomacy is the product of a research project sponsored by the Academie Diplomatique Internationale and the International Bar Association, and focuses on specific moments of collision or contradiction in diplomatic and judicial processes during the humanitarian crises in Bosnia, Rwanda, Kosovo, Darfur, and Libya. The five case studies present critical issues at the intersection of justice and diplomacy, including the role of timing, signalling, legal terminology, accountability, and compliance. Each case study focuses on a specific moment and dynamic, highlighting the key issues and lessons learned.

In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers' right to strike. As self-proclaimed partisans in the class war, the founders of the American Civil Liberties Union promoted a bold vision of free speech that encompassed unrestricted picketing and boycotts. Over time, however, they subdued their rhetoric to attract adherents and prevail in court. At the height of the New Deal, many liberals opposed the ACLU's litigation strategy, fearing it would legitimize a judiciary they deemed too friendly to corporations and too hostile to the administrative state. Conversely, conservatives eager to insulate industry from government regulation pivoted to embrace civil liberties, despite their radical roots. The resulting transformation in constitutional jurisprudence-often understood as a triumph for the Left-was in fact a calculated bargain. America's civil liberties compromise saved the courts from New Deal attack and secured free speech for labor radicals and businesses alike. Ever since, competing groups have clashed in the arena of ideas, shielded by the First Amendment.

Fact-finding is at the heart of human rights advocacy, and is often at the center of international controversies about alleged government abuses. In recent years, human rights fact-finding has greatly proliferated and become more sophisticated and complex, while also being subjected to stronger scrutiny from governments. Nevertheless, despite the prominence of fact-finding, it remains strikingly under-studied and under-theorized. Too little has been done to bring forth the assumptions, methodologies, and techniques of this rapidly developing field, or to open human rights fact-finding to critical and constructive scrutiny. The Transformation of Human Rights Fact-Finding offers a multidisciplinary approach to the study of fact-finding with rigorous and critical analysis of the field of practice, while providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field. The contributions to this book are the result of a major international conference organized by New York University Law School's Center for Human Rights and Global Justice. Engaging the expertise and experience of the editors and contributing authors, it offers a broad approach encompassing contemporary issues and analysis across the human rights spectrum in law, international relations, and critical theory. This book addresses the major areas of human rights fact-finding such as victim and witness issues; fact-finding for advocacy, enforcement, and litigation; the role of interdisciplinary expertise and methodologies; crowd sourcing, social media, and big data; and international guidelines for fact-finding.