This book provides a practical handbook for legislation. Written by a team of experts, practitioners and scholars, it invites national institutions to apply its teachings in the context of their own drafting manuals and laws. Analysis focuses on general principles and best practice within the context of the different systems of government in Europe. Questions explored include subsidiarity, legitimacy, efficacy, effectiveness, efficiency, proportionality, monitoring and regulatory impact assessment. Taking a practical approach which starts from evidence-based rationality, it represents essential reading for all practitioners in the field of legislative drafting.

Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book. Adopting a comparative approach focusing on the United States, Canada and Italy, Dr Giovanella skilfully explores the strategies through which judges solve conflicts between Internet users' data protection and copyright holders' enforceable rights. Using research centred on a selection of lawsuits in which copyright holders attempted to enforce their rights against Internet users suspected of illegal file-sharing, this book analyses the cases and regulatory frameworks concerning both privacy and copyright. Copyright and Information Privacy demonstrates that these decisions were ultimately the by-products of different policy conceptions of the two conflicting rights. Whilst providing a comprehensive analysis of the conflict between copyright and data protection, this book also stimulates the debate surrounding the role that judges have in balancing conflicting rights, and examines their reasoning in resolving such conflict, taking into consideration the process of conceptual balancing. Perceptive and contemporary in topic, this book will be beneficial to both scholars and students of intellectual property, privacy, and comparative law.

In this monograph, Aiste Mickonyte examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights (ECHR). The author maintains that the pursuit of manifestly severe punishment with insistence of the European Commission on administrative-level procedural safeguards is inconsistent with the robust standards of protection under the Convention. Arguing that EU anti-cartel procedure is criminal within the meaning of the Convention, this work considers this procedure in light of the core elements of the presumption of innocence such as the burden of proof and the principle of fault. The author zeroes in on the de facto automatic liability of parental companies for offences committed by their subsidiaries.

Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?

In 1981, decades before mainstream America elected Barack Obama, James Chase became the first African American mayor of Spokane, Washington, with the overwhelming support of a majority-white electorate. Chase's win failed to capture the attention of historians--as had the century-long evolution of the black community in Spokane. In "Black Spokane: The Civil Rights Struggle in the Inland Northwest," Dwayne A. Mack corrects this oversight--and recovers a crucial chapter in the history of race relations and civil rights in America.
As early as the 1880s, Spokane was a destination for black settlers escaping the racial oppression in the South--settlers who over the following decades built an infrastructure of churches, businesses, and social organizations to serve the black community. Drawing on oral histories, interviews, newspapers, and a rich array of other primary sources, Mack sets the stage for the years following World War II in the Inland Northwest, when an influx of black veterans would bring about a new era of racial issues. His book traces the earliest challenges faced by the NAACP and a small but sympathetic white population as Spokane became a significant part of the national civil rights struggle. International superstars such as Louis "Satchmo" Armstrong and Hazel Scott figure in this story, along with charismatic local preachers, entrepreneurs, and lawyers who stepped forward as civic leaders.
These individuals' contributions, and the black community's encounters with racism, offer a view of the complexity of race relations in a city and a region not recognized historically as centers of racial strife. But in matters of race--from the first migration of black settlers to Spokane, through the politics of the Cold War and the civil rights movement, to the successes of the 1970s and '80s--Mack shows that Spokane has a story to tell, one that this book at long last incorporates into the larger history of twentieth-century America.

The question of supranational citizenship is one of the more controversial in EU law. It is politically contested, the object of prominent court rulings and the subject of intense academic debates. This important new collection examines this vexed question, paying particular attention to the Court of Justice. Offering analytical readings of the key cases, it also examines those political, social and normative factors which influence the evolution of citizens' rights. This examination is not only timely but essential given the prominence of citizen rights in recent political debates, including in the Brexit referendum. All of these questions will be explored with a special emphasis on the interplay between immigration from third countries and rules on Union citizenship.

Originally published: Chapel Hill: The University of North Carolina Press, 1940. viii, 436 pp. This was the first comprehensive treatise on the legal status of the African-American as interpreted by United States courts in cases involving civil rights and citizenship. Some of the topics examined in this work are land ownership, involuntary servitude, segregation, failure to provide accommodations in charitable and penal institutions, interracial marriage, illegitimate offspring and adoption, as well as consideration of such factors as mob domination at trials of African-Americans, race discrimination in jury selection, racial prejudice of jurors, the voting franchise during reconstruction and its aftermath and attempts to keep African-Americans away from the polls. While lacking a table of cases per se, the treatise is well-annotated with citations to relevant cases, and includes a bibliography and index.
Charles S. Mangum, Jr. 1902-1980] was a Research Fellow at the University of North Carolina. His other notable work is The Legal Status of the Tenant Farmer in the Southeast (1952).
"An enormous compendium of cases, it is a product of sound and painstaking scholarship, brilliant in design, thorough in execution, and deft in style." -Jerome H. Springarn, Columbia Law Review (1940) 40:1118

Global politics has transformed in recent years due to a rise in nationalist ideology, the breakdown of multiple societies, and even nation-state legitimacy. The nation-state, arguably, has been in question for much of the digital age, as citizens become transnational and claim loyalty to many different groups, causes, and in some cases, states. Thus, politics that accompany diasporic communities have become increasingly important focal points of comparative and political science research. Global Diaspora Politics and Social Movements: Emerging Research and Opportunities provides innovative insights into the dispersion of political and social groups across the world through various research methods such as case studies. This publication examines migration politics, security policy, and social movements. It is designed for academicians, policymakers, government officials, researchers, and students, and covers topics centered on the distribution of social groups and political groups.

The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds--Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler and Richard Ford, among others--the book tackles a wide range of issues, including the challenge of new technologies, presidential power, international human rights, religious liberty, freedom of speech, voting, reproductive rights, and economic rights. The Constitution in 2020 calls on liberals to articulate their constitutional vision in a way that can command the confidence of ordinary Americans.

The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed have provided a new universal standard for topics ranging from cultural diversity, cultural heritage, the right to artistic freedom and the effects of today's intellectual property regimes. This book's team of international contributors reflects upon the many aspects of cultural rights discussed in Faridah Shaheed's reports and discusses how cultural rights support cultural diversity, foster intercultural dialogue and contribute to inclusive social, economic and political development. Drawing from a range of disciplines, the contributing authors explore the meaning and position of cultural rights and the implications these may have for international relations, the international legal order and cross-cultural understanding, while also offering recommendations for the future. Key topics discussed include the link between culture and science, gender and human rights, rights to artistic freedom, the importance of historical narratives and the impact of advertising and marketing on the enjoyment of cultural rights. This worthwhile contribution to the current cultural rights debate will be of interest to academics and students teaching and studying in the fields of culture, heritage and human rights as well as policymakers who are working within cultural rights related issues. Contributors include: S. Amin, L. Belder, Y.M. Donders, H. Hagtvedt Vik, L. Hughes, J. Kall, F. Macmillan, M. Mann, H. Porsdam, D. Shabalala, F. Shaheed, S. Teilmann-Lock

Who are "The Legal Warriors" in this book? Some might think these are lawyers. But that is wrong. The real Legal Warriors in this book are the poor individuals and families who daily struggle to gain their rights. The real Legal Warriors are their community groups fighting for justice and improvements in society. These fighters include families struggling to save their homes from foreclosure. They are the neighborhood organizations combatting the industrial polluters who poison our water and air. They are the soldiers who skirmish to keep their gas and lights on. They are newcomers who come to our region to seek a "fresh start in life." These are only some of the legal warriors that I have been privileged to serve in my fifty years of legal work. To all of them I say thank you for sharing your battles with me. This book is dedicated to you. I pray and hope that the Good Lord blesses you and your communities with many well-deserved legal victories in all of your struggles.

This book presents a unique and comprehensive examination of the human and moral rights of artists. In what is arguably the first exhaustive book-length account of artists' rights, Paul Kearns explores the problems associated with censorship, both from philosophical and legal perspectives, and focuses on the various ways in which the morality of art is legally regulated in different jurisdictions. In relation to human rights, English, French and American law, the law of the European Convention on Human Rights, European Union law and public international law are all closely scrutinised to discover the extent to which they offer protection for artistic freedom. The author also examines domestic and international law in respect of artists' moral rights, the law of copyright and related laws. In short, the book provides an original, and sometimes controversial, analysis of persistent concerns regarding the legal regulation of the arts universally, doctrinally and theoretically, and seeks to offer an holistic treatment which will appeal to art lawyers, artists and those interested in the future of the arts.

In Self-determination and Minority Rights in China, Linzhu Wang examines the rights of China's minorities from the perspective of self-determination. The book offers an insight into the ethnic issues in contemporary China, by examining the principle of self-determination in shaping China's ethnic grouping and appraising the rights of the minorities and their limits. Based on a comprehensive survey of the practice of self-determination in the Chinese context and the Regional Ethnic Autonomy regime, the author seeks to answer the questions of how the ethnic policies and laws have come to be, why they are problematic, and what can be done to promote minority rights in China.

This book provides international readers with basic knowledge of Chinese civil procedure and succinct explanations of essential issues, fundamental principles and particular institutions in Chinese civil procedure and the conflict of laws. The book begins with a survey of the Chinese procedural law and an overview of Chinese civil procedure and then focuses on essential aspects of court jurisdiction and trial procedure in civil matters. In view of the traditional importance of alternative dispute resolution in China, mediation (conciliation) and arbitration are also discussed with corresponding comparisons to civil procedure. The book also discusses issues relating to the conflict of laws, i.e. international jurisdiction under the Chinese international civil procedure law, recognition and enforcement of foreign judgments as well as Chinese choice of law rules. Focus is directed toward the Chinese Statute on the Application of Laws to Civil Relationships Involving Foreign Elements of 28 October 2010, which entered into force on 1 April 2011. CHEN Weizuo is Director of the Research Centre for Private International Law and Comparative Law at Tsinghua University's School of Law in Beijing. He has a Doctor of Laws degree from Wuhan University, China; an LL.M. and doctor iuris, Universit t des Saarlandes, Germany; professeur invit la Facult internationale de droit compar de Strasbourg, France (since 2003); professeur invit l'Universit de Strasbourg, France. He has published extensively on the international laws and his publications have appeared both in and outside China. He has taught a special course in French at the Hague Academy of International Law during its 2012 summer session of private international law.

Since the year 2000, the material and personal scope of EU non-discrimination law has been significantly broadened and has challenged national courts to introduce a comprehensive equality framework into their national law to correspond with the European standard. The book provides a multi-layered culturally informed comparison of juridical approaches to EU (in)direct sex and sexualities discrimination and its implementation in Germany and the Netherlands. It examines how and why national courts apply national non-discrimination law with a European origin differently, although the legislation derives from the same set of EU law and the national courts have to respect the interpretive competence of the CJEU. The book provides valuable insights into the national and European context which shape the dialogue and influences of the courts inter se, the national application of EU law, and the harmonisation process within the area of gender equality law and beyond. A Dutch and German comparison is of special interest here because both countries' approaches towards non-discrimination law are quite different despite the similarities in the respective legal systems; they are founding members of the EU, they are neighbours, they are civil law countries, and their legal systems are relatively similar at least compared to Scandinavian and common law jurisdictions. Therefore, the different reception EU non-discrimination law cannot simply be explained by obvious differences between the legal systems. Their comparison thus provides an interesting case study to uncover legal and non legal, cultural and historic, factors which influence the application of EU non-discrimination law in both countries. The book is of interest for EU, comparative and equality lawyers.

European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.

This book aims to introduce concrete and innovative proposals for an holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, 'as if human rights law were really one', borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law. Integrated Human Rights in Practice shows that even within the current fragmented landscape of international human rights law, it is possible to integrate human rights to a significantly higher degree than is generally the case. Redrafted opinions deal with major contemporary issues such as conscientious objection by health service providers, intersectional discrimination of minority women, the rights of persons with disabilities, the rights of indigenous peoples against powerful economic interests, and the human rights impact of austerity measures. This book's novel perspective and applied, concrete examples make it an invaluable resource for academics and students as well as judges, lawyers, and treaty body members.

The book's aim is to consider the impact that the introduction and development of the status of Union citizenship has had on the interpretation of the EU's market freedoms. Starting by providing, in its introductory part (part one), a comprehensive and up-to-date analysis of the status of Union citizenship and its development from 1998 onwards, the book proceeds in part two to provide an in-depth examination of the relationship between this status and the Union's market freedoms. The central argument of the book is that, as a result of the move towards the creation of a meaningful status of Union citizenship, the market freedoms have been reconceptualised as fundamental, Union citizenship, rights and their interpretation has adapted accordingly. Part three of the book analyses the result of this process of transforming the market freedoms into sources of fundamental, Union citizenship, rights and considers where it is likely to lead in the future. It demonstrates that, despite the fact that this development appears to be the next natural step in the process of constructing a meaningful notion of Union citizenship, it brings with it a number of issues that the EU will have to consider and carefully address. In particular, the method which the Court seems, up until now, to have employed to facilitate the metamorphosis of the market freedoms into citizenship rights, has led to criticisms on the grounds of legitimacy and coherence and will, undoubtedly, lead to further problems in the future. Hence part three of the book also identifies the difficulties that may emerge as a result of this process and suggests ways in which they may be overcome.

When nine Vietnamese women arrived at Virginia Lynn Sudbury's small law office in Pago Pago, on the island of Tutuila in the territory of American Samoa, she wasn't certain she would take the case. The women, workers at the Daewoosa garment factory, were trying to get the company to pay them their promised wages. She decided to take the case, however--not knowing that it would take years to resolve.

Sweatshops in Paradise tells the first-person account of the notorious garment factory/sweatshop class-action lawsuit Nga v. Daewoosa, which took place in the territory of American Samoa from 1999 until 2001. This precedent-setting case drew international attention to the issues surrounding involuntary servitude and trafficking in human beings in far-flung US territories.

Written by Sudbury, who acted as the lead plaintiff attorney, Sweatshops in Paradise narrates the story of some three hundred Vietnamese and Chinese workers who were brought to American Samoa to work in the Daewoosa garment factory. There, they encountered civil injustices, rampant abuse, and imprisonment at the hands of the Korean factory owner and the local government.

Chronicled in a frank, disarming, and at times humorous manner, Sweatshops in Paradise draws upon hearing transcripts, newspaper articles, and narratives from the largest lawsuit of American Samoa's history. It provides a poignant accounting of the fears of the workers and the abuses they endured, the impunity of the factory owner, and the incomprehensible neglect of the evolving and tragic situation by the American Samoa government.

'Long admired for her pioneering work on gender, neo-liberalism and human rights, in this volume Ratna Kapur builds on that scholarship to offer a bold and wide ranging set of arguments that will add immensely to the many current debates about human rights and their efficacy in this age of inequality. Kapur' s trenchant critique of rights and her vision of an alternative to the liberal concept of freedom offer strikingly original arguments that make this an indispensable volume for all who are interested in the future of human rights.' - Tony Anghie, National University of Singapore and University of Utah, US 'Gender, Alterity and Human Rights: Freedom in a Fishbowl is located within the best of critical theory traditions - thinking and rethinking orthodoxies around sexuality, rights and freedoms. Kapur not only deploys a late Foucauldian rethinking of freedom, but inherits the very spirit of intellectual engagement - of ''shak(ing) up habitual ways of working and thinking, dissipate(ing) conventional familiarities, to reevaluate rules and institutions'' (Foucault). It is a compelling, provocative read that will make its readers rethink what they think they already know.' - Brenda Cossman, University of Toronto, Canada 'Ratna Kapur is one of the most important international legal scholars working today. Gender, Alterity and Human Rights is brilliant, provocative and ground breaking - I cannot think of any other book published today that centers radically 'other' approaches to political and ethical agency as the epistemological anchor for analysis of international law. She advances this ambitious new ground by showing how dominant approaches to human rights and feminism are themselves invested in political subjectivities and agendas that seek to redeem international law and authorize global governance. With theoretical rigor and a radical sensibility, she quarries through material as diverse as human rights case law and Sufi poetry to excavate the plurality of ways in which freedom is envisioned, challenged and inhabited.' - Vasuki Nesiah, New York University, US Human rights are axiomatic with liberal freedom. This book builds on the critique of this mainstream and official position on human rights, drawing attention to how human rights have been deployed to advance political and cultural intents rather than bring about freedom for disenfranchised groups. Its approach is unique insofar as it focuses on queer, feminist and postcolonial human rights advocacy, exposing how such interventions have at times advanced neo-liberal agendas and new forms of imperialism, and enabled a carceral politics rather than producing freedom for their constituencies. Through a focus on campaigns for same-sex marriage, ending violence against women, and the Islamic veil bans in liberal democracies, human rights emerge as forms of governance that operate through normative prescriptions, which bind even as they purport to free, and establish a hierarchy of the human subject: who is human and who is not; who qualifies for rights and who does not. This book argues that the futurity of human rights rests in a transformative engagement with non-liberal registers of freedom beyond the narrow confines of the liberal fishbowl. This book will have a global appeal for students and academics concerned with international and human rights law, jurisprudence, critical legal theory, gender studies, postcolonial studies, feminist legal theory, queer theory, religious studies, and philosophy. It will appeal to political activists and policymakers in the global justice arena concerned with the freedom of disenfranchised groups, human rights, gender justice, and the rights sexual and religious minorities.