This volume gathers the contributions of leading researchers in the fields of bioethics, medical law and human rights. By providing an interdisciplinary reading of advance directives regulation against the background of European and International law, this book aims to offer new insights into the most controversial legal issues surrounding the theme of dignity and autonomy at the end of life. Cross-cultural perspectives from Europe, the Americas, Australia and China offer a comparative analysis of legal approaches to end-of-life decision-making and care, including the hotly debated issues of euthanasia and assisted suicide, also giving an account of recent developments in domestic legislation and jurisprudence. Special focus is placed on the Italian legal system and its ongoing discussion on advance directives regulation.

While the supervision of the European Court of Human Rights constantly grows in importance, little is known about the people, especially the judges, inside the Court. To what extent are human rights sensitive to different traditions and is their work burdened through the plurality of legal, historical-political or vocational experiences among the judges? Looking at the first three years of permanent operation of the Court, this book suggests that it is the legal culture that brings the judges together. Based on interviews, field study observations and an analysis of case law, this book takes a novel approach on European human rights law and provides researchers and practitioners with an important basis for a full understanding of the Strasbourg case law.

A human right to housing represents the law's most direct and overt protection of housing and home. Unlike other human rights, through which the home incidentally receives protection and attention, the right to housing raises housing itself to the position of primary importance. However, the meaning, content, scope and even existence of a right to housing raise vexed questions. Drawing on insights from disciplines including law, anthropology, political theory, philosophy and geography, this book is both a contribution to the state of knowledge on the right to housing, and an entry into the broader human rights debate. It addresses profound questions on the role of human rights in belonging and citizenship, the formation of identity, the perpetuation of forms of social organisation and, ultimately, of the relationship between the individual and the state. The book addresses the legal, theoretical and conceptual issues, providing a deep analysis of the right to housing within and beyond human rights law. Structured in three parts, the book outlines the right to housing in international law and in key national legal systems; examines the most important concepts of housing: space, privacy and identity and, finally, looks at the potential of the right to alleviate human misery, marginalisation and deprivation. The book represents a major contribution to the scholarship on an under-studied and ill-defined right. In terms of content, it provides a much needed exploration of the right to housing. In approach it offers a new framework for argument within which the right to housing, as well as other under-theorised and contested rights, can be reconsidered, reconnecting human rights with the social conditions of their violation, and hence with the reasons for their existence. Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.

Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency. The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.

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.

Recent revelations, by Edward Snowden and others, of the vast network of government spying enabled by modern technology have raised major concerns both in the European Union and the United States on how to protect privacy in the face of increasing governmental surveillance. This book brings together some of the leading experts in the fields of constitutional law, criminal law and human rights from the US and the EU to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights. It examines the state of privacy protections on both sides of the Atlantic, the best mechanisms for preserving privacy, and whether the EU and the US should develop joint transnational mechanisms to protect privacy on a reciprocal basis. As technology enables governments to know more and more about their citizens, and about the citizens of other nations, this volume offers critical perspectives on how best to respond to one of the most challenging developments of the twenty-first century.

This volume explores the role race and racism played in the Texas redistricting process and the creation and passage of the state's Voter Identification Law in 2011. The author puts forth research techniques designed to uncover racism and racist intentions even in the face of denials by the public policy decision makers involved. In addition to reviewing the redistricting history of the state, this book also provides an analysis of court decisions concerning the Tenth Amendment to the Constitution, the Voting Rights Act, and a thorough discussion of the Shelby County decision. The author brings together scholarly research and the analysis of significant Supreme Court decisions focusing on race to discuss Texas' election policy process. The core of the book centers on two federal court trials where both the state's congressional, house redistricting efforts, and the Voter ID Bill were found to violate the Voting Rights Act. This is the first book that speaks specifically to the effects of electoral politics and Latinos. The author develops new ground in racial political studies calling for movement beyond the 'dual-race' theoretical models that have been used by both the academy and the courts in looking at the effects of race on the public policy process. The author concludes that the historically tense race relations between Anglos and Latinos in Texas unavoidably affected both the redistricting process and the creation and design of the Voter ID Bill.

Originally published: New York: Arbor Press, 1918. v (new introduction), vi, 207, 1] pp. With a new introduction by Paul Finkelman, President William McKinley Distinguished Professor of Law and Public Policy, Albany Law School. The published version of a Columbia University doctoral thesis, this pioneering monograph, reviews all of the laws enacted by the United States and each individual state to 1917 relating specifically to African-Americans. Based on painstaking research, this is a valuable reference for students of civil rights and African-American legal history.
"The Development of State Legislation Concerning the Free Negro is an odd but very important and extremely useful book. Written nearly a century ago, it is an example of the best of the Ph.D. dissertations of the first generation of doctoral students in the social sciences. It lacks any great theoretical framework or much analysis, but it is chock full of information, facts, tables, and excerpts from laws. It is also useful because many of the laws set out in this volume are not easily found otherwise. Despite the massive growth of material on the internet or in machine readable form, early laws are still hard to locate. Anyone interested in the history of segregation and racism will find Johnson's pioneering work invaluable."
-- Paul Finkelman, Introduction iii

The book provides an evaluation of some of the problems with current processes and policies on integration in Europe, both in relation to broader aims of democratization and in relation to the ways in which gendered assumptions and practices are embedded in the policies and outcomes of European migration regimes. The book analyses integration as a contested concept, providing a cross-disciplinary theoretical, empirical and policy-oriented analysis of the integration-migration nexus. Integration is analysed sociologically, politically and legally as a concept that reinforces boundaries of ethnicity and problematizes difference and diversity. Particular foci of the book include theoretical and empirical aspects of migrant incorporation in Europe; citizenship, belonging and migration; gendered structures, experiences and policies; and the strategies of migrants in coping with nationally embedded protectionism. The book also explores notions of solidarity, cosmopolitanism and interculturalism, which can inform a more coherent and sustainable approach to social incorporation and inclusion within modern societies.

In the first full length examination of the topic, Ethical Citizenship rediscovers a significant and distinctive contribution to how we might understand citizenship today. Leading international scholars bring together theory and practice to explore its historical roots, contemporary relevance and application to international politics.

The first IVF baby was born in the 1970s. Less than 20 years later, we had cloning and GM food, and information and communication technologies had transformed everyday life. In 2000, the human genome was sequenced. More recently, there has been much discussion of the economic and social benefits of nanotechnology, and synthetic biology has also been generating controversy.
This important volume is a timely contribution to increasing calls for regulation - or better regulation - of these and other new technologies. Drawing on an international team of legal scholars, it reviews and develops the role of human rights in the regulation of new technologies. Three controversies at the intersection between human rights and new technology are given particular attention. First, how the expansive application of human rights could contribute to the creation of a brave new world of choice, where human dignity is fundamentally compromised; second, how new technologies, and our regulatory responses to them, could be a threat to human rights; and, third, how human rights could be used to create better regulation of these technologies.

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

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

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

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

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

Who is a vulnerable person in human rights law? This important book assesses the treatment of vulnerability by the European Court of Human Rights, an area that has been surprisingly under-explored by European human rights law to date. It explores legal-philosophical understandings of the topic, providing a theoretical framework that can be used when examining the question. Not confining itself to the abstract, however, it provides a bridge from the theoretical to the practical by undertaking a comprehensive examination of the Court's approach under art. 3 ECHR. It also pays particular attention to the concept of human dignity. Well written and compellingly argued, this is an important new book for all scholars of European human rights. The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.

How does an idea that forms in the minds of a few activists in one part of the world become a global norm that nearly all states obey? How do human rights ideas spread? In this book, Robyn Linde tracks the diffusion of a single human rights norm: the abolition of the death penalty for child offenders under the age of 18. The norm against the penalty diffused internationally through law-specifically, criminal law addressing child offenders, usually those convicted of murder or rape. Through detailed case studies and a qualitative, comparative approach to national law and practice, Linde argues that children played an important-though little known-role in the process of state consolidation and the building of international order. This occured through the promotion of children as international rights holders and was the outcome of almost two centuries of activism. Through an innovative synthesis of prevailing theories of power and socialization, Linde shows that the growth of state control over children was part of a larger political process by which the liberal state (both paternal and democratic) became the only model of acceptable and legitimate statehood and through which newly minted international institutions would find purpose. The book offers insight into the origins, spread, and adoption of human rights norms and law by elucidating the roles and contributions of principled actors and norm entrepreneurs at different stages of diffusion, and by identifying a previously unexplored pattern of change whereby resistant states were brought into compliance with the now global norm against the child death penalty. From the institutions and legacy of colonialism to the development and promotion of the global child-a collection of related, still changing norms of child welfare and protection-Linde demonstrates how a specifically Western conception of childhood and ideas about children shaped the current international system.

This book (hardcover) is part of the TREDITION CLASSICS. It contains classical literature works from over two thousand years. Most of these titles have been out of print and off the bookstore shelves for decades. The book series is intended to preserve the cultural legacy and to promote the timeless works of classical literature. Readers of a TREDITION CLASSICS book support the mission to save many of the amazing works of world literature from oblivion. With this series, tredition intends to make thousands of international literature classics available in printed format again - worldwide.

Since its original publication in 1967, Freedom and the Court has become the standard text on civil liberties law, with more than 100,000 copies in print. This classic is now updated to cover Supreme Court decisions through 2003 and address essential questions of how to reconcile civil liberties-especially personal privacy-with national
security in the aftermath of 9/11.

Henry J. Abraham and Barbara A. Perry continue to portray the intriguing human stories behind landmark constitutional law cases as they focus on fundamental issues of individual rights relating to freedom of religion, separation of church and state, freedom of expression, due process, and political, racial, and gender equality. This eighth edition of Freedom and the Court delineates recent pathbreaking developments by the Rehnquist Court in civil rights regarding abortion, affirmative action, capital punishment, computers and the Internet, and the Americans with Disabilities Act. It also analyzes
the narrowly divided Court's controversial return to a more state-centered jurisprudence and to certain pre-New Deal, pro-business commitments.

The book's coverage ranges widely to consider criminal rights in light of the 1990s war on crime, free speech cases involving everything from campaign finance to nude dancing, and equal protection pertaining not only to minority litigation but also to the Bush v. Gore decision-whose first oral argument (for the Palm Beach County case) the authors attended at the U.S. Supreme Court. It also explains the ongoing impact of the Court's invalidation of the Religious Freedom Restoration Act of 1993, and it continues to include comprehensive charts for cases involving freedom of religion, separation of church and state, and gender that are unmatched by any other book.
Impeccably researched and enormously readable, Freedom and the Court remains the basic work in the field and is indispensable to the teaching of civil liberties. As the Supreme Court is called upon to act as the nation's constitutional conscience in deciding pressing conflicts regarding terrorism and liberty, it is an essential text and reference for all who would better understand its decisions.

When one reads the history of the state of Alabama, "courageous judicial decisions" appears to be an oxymoron because there have not been many such decisions. Most that did occur were related in some fashion to the racial problems that have existed in Alabama from the very beginning of statehood. It is important that we understand just what we mean when we speak of courage. Sustained courage emanates from character, which in itself takes a lifetime to build. Courage can be defined as the moral strength that permits one to face fear and difficulty. Courage requires a certain amount of leadership, and this leadership behavior is admirable and excellent. Making judicial decisions that changed ways of living in Alabama during the days of segregation required courage. These decisions could have severe consequences for one's safety and could affect one's family. Yet despite the potential consequences, there were at least four judges in Alabama who made decisions based on what they thought was the right thing to do and would lead Alabama in the right direction. The judges whose names come immediately to the forefront are George Stone, Thomas G. Jones, James E. Horton Jr., and Frank M. Johnson.