No figure stands taller in the world of First Amendment law than Oliver Wendell Holmes, Jr. This is the first anthology of Justice Holmes's writings, speeches and opinions concerning freedom of expression. The book contains eight original essays designed to situate Holmes's works in historical and biographical context. The volume is enriched by extensive commentaries concerning its many entries, which consist of letters, speeches, book excerpts, articles, state court opinions and U.S. Supreme Court opinions. The edited materials - spanning Holmes's 1861-1864 service in the Civil War to his 1931 radio address to the nation - offer a unique view of the thoughts of the father of the modern First Amendment. The book's epilogue, which includes a major discovery about Holmes's impact on American statutory law, explores Holmes's free speech legacy. In the process, the reader comes to know Holmes and his jurisprudence of free speech as never before.

Enacted in 2000 and in operation in the UK since 2005, the Freedom of Information (FOI) Act has revealed information which has generated calls for constitutional reform. A massive 'information jurisprudence' has developed through the decisions of the Information Commissioner, the Information Tribunal and the courts. Governments' responses to the war on terror have involved increased resort to claims of national security and accompanying secrecy, but these developments have to exist alongside demands for FOI and transparency. FOI has to balance access to and protection of personal information, and major amendments have been made to the Data Protection Act in order to balance the competing demands of transparency and privacy. This detailed discussion of FOI laws and personal data laws examines the historical development of secrecy, national security and government, and their modern context.

The past decades have seen enormous changes in our perceptions of 'security', the causes of insecurity and the measures adopted to address them. Threats of terrorism and the impacts of globalisation and mass migration have shaped our identities, politics and world views. This volume of essays analyses these shifts in thinking and, in particular, critically engages with the concept of 'human security' from legal, international relations and human rights perspectives. Contributors consider the special circumstances of non-citizens, such as refugees, migrants, and displaced and stateless persons, and assess whether, conceptually and practically, 'human security' helps to address the multiple challenges they face.

Between 1963 and 2008 Kenya experienced systematic atrocities, economic crimes, ethnic violence, and the illegal taking of land. To come to terms with these historical injustices and gross violations of human rights, the Kenyan Truth, Justice and Reconciliation Commission (TJRC) was established. From the perspective of an insider and academic expert, The Kenyan TJRC: An Outsider's View from the Inside reveals for the first time the debates and decisions made within the Commission, including how the Kenyan Commission became the first such commission to recommend that its Chair be prosecuted for gross violations of human rights. This book is one of the few insider accounts of a truth commission, and one of the few that reflects on the limitations and opportunities of such a commission. The Kenyan TJRC provides lessons and recommendations to those interested in addressing historical injustices through a truth commission process. The full copy of the Final Report of the Kenyan TJRC, along with other supporting documents, can be found at the following site: https://digitalcommons.law.seattleu.edu/tjrc/

As the effects of climate change continue to be felt, appreciation of its future transformational impact on numerous areas of public law and policy is set to grow. Among these, human rights concerns are particularly acute. They include forced mass migration, increased disease incidence and strain on healthcare systems, threatened food and water security, the disappearance and degradation of shelter, land, livelihoods and cultures, and the threat of conflict. This inquiry into the human rights dimensions of climate change looks beyond potential impacts to examine the questions raised by climate change policies: accountability for extraterritorial harms; constructing reliable enforcement mechanisms; assessing redistributional outcomes; and allocating burdens, benefits, rights and duties among perpetrators and victims, both public and private. The book examines a range of so-far unexplored theoretical and practical concerns that international law and other scholars and policy-framers will find increasingly difficult to ignore.

The UN Convention on Migrant Workers' Rights is the most comprehensive international treaty in the field of migration and human rights. Adopted in 1990 and entered into force in 2003, it sets a standard in terms of access to human rights for migrants. However, it suffers from a marked indifference: only forty states have ratified it and no major immigration country has done so. This highlights how migrants remain forgotten in terms of access to rights. Even though their labour is essential in the world economy, the non-economic aspect of migration - and especially migrants' rights - remain a neglected dimension of globalisation. This volume provides in-depth information on the Convention and on the reasons behind states' reluctance towards its ratification. It brings together researchers, international civil servants and NGO members and relies upon an interdisciplinary perspective that includes not only law, but also sociology and political science.

Since 1990, 67 former heads of state or government have been legitimately prosecuted for serious human rights or financial crimes. Many of these leaders were brought to trial in reasonably free and fair judicial processes, and some served time in prison as a result. This book explores the reasons for the meteoric rise in trials of senior leaders and the motivations, public dramas, and intrigues that accompanied efforts to bring them to justice. Drawing on an analysis of the 67 cases, the book examines the emergence of regional trends in Europe and Latin America and contains eight case studies of high-profile trials of former government leaders: Augusto Pinochet (Chile), Alberto Fujimori (Peru), Slobodan Milosevic (former Yugoslavia), Charles Taylor (Liberia and Sierra Leone), and Saddam Hussein (Iraq) studies written by experts who closely followed their cases and their impacts on wider societies. This is the only book that examines the rise in the number of domestic and international trials globally and tells the tales in readable prose and with fascinating details.

This book is a challenging, thought-provoking yet highly accessible introduction to discrimination law. It takes a thematic approach, illuminating the major issues in discrimination law, while imparting an in-depth understanding of the strengths and weaknesses of legal responses to complex social problems of inequality. This is enhanced by the comparative approach. By considering equality law in the UK, US, India, Canada, and South Africa, as well as the European Union and under the European Convention on Human Rights, the book exposes common problems across different jurisdictions and canvasses a variety of differing solutions. As in the highly successful previous editions, the book locates discrimination law within its historical and social context. One of its major strengths is the development of an analytic framework of substantive equality, drawing on a range of sources, and the author's wide experience of equality law in many jurisdictions. As well as chapters charting the social challenges and legal responses, the book compares the ways in which different jurisdictions formulate grounds of discrimination or protected characteristics; the meaning of key concepts such as direct discrimination (disparate treatment); indirect discrimination (disparate impact); and when limitations on equality are legitimate. Later chapters test these concepts in some of the most challenging contexts: pregnancy and parenting, equal pay, reasonable accommodation, and sexual harassment; as well as to the particularly controversial issue of affirmative action or deliberate preference policies. Discussing at length how racisms, sexism, LGBTQ+ rights, and other topics impact these contexts. The final chapter asks how the right to equality can be made more effective, critically assessing the paradigm individual complaints model, and possible alternatives, from class actions and strategic litigation to mainstreaming and positive duties to promote equality.

This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states' margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.

In much of the citizenship literature it is often considered, if not simply assumed, that citizenship is integral to the character of a self-determining community and that this process, by definition, involves the exclusion of resident 'foreigners'. Dora Kostakopoulou calls this assumption into question, arguing that 'aliens' are by definition outside the bounds of the community by virtue of a circular reasoning which takes for granted the existence of bounded national communities, and that this process of collective self-definition is deeply political and historically dated. Although national citizenship has enjoyed a privileged position in both theory and practice, its remarkable elasticity has reached its limit, thereby making it more important to find an alternative model. Kostakopoulou develops a new institutional framework for anational citizenship, which can be grafted onto the existing state system, defends it against objections and proposes institutional reform based on an innovative approach to citizenship.

This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications.

Why have radio and television never been granted the same First Amendment freedoms that we have always accorded the printed word? In this fascinating work, Lucas A. Powe, Jr., examines the strange paradox governing our treatment of the two types of media. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1987.

This book examines the electoral rights granted to those who do not have the nationality of the state in which they reside, within the European Union and its Member States. It looks at the rights of EU citizens to vote and stand in European Parliament elections and local elections wherever they live in the EU, and at cases where Member States of the Union also choose to grant electoral rights to other non-nationals from countries outside the EU. The EU's electoral rights are among the most important rights first granted to EU citizens by the EU Treaties in the 1990s. Putting these rights into their broader context, the book provides important insights into the development of the EU now that the Constitutional Treaty has been rejected in the referendums in France and the Netherlands, and into issues which are still sensitive for national sovereignty such as immigration, nationality and naturalization.

This collection explores and illustrates issues arising from 'political' approaches to human rights in contrast to the more traditional 'moral' approaches. Moral approaches conceptualize and justify human rights in terms of priority rights which are both universal and moral. In contrast, political approaches focus on those human rights practices involved in the development and operation of human rights institutions, laws and political process, all in relative independence from their alleged moral foundations. The book contributes to the understanding and analysis of 'political approaches', including consideration of their diversity, and discussion of their strengths and weaknesses. The choice of contributors presents a balance between those theorists who favour some version of the political approach and those who are dubious about the perceived advantages. The chapters are grouped together in parts which constitute the distinctive issues addressed in the book. At a time when there is considerable uncertainty concerning their conceptual clarity, operation, feasibility, and their normative justifications, this volume will be of interest to those involved with the theory and practice of human rights, within law schools, and in politics and philosophy departments. It will also provide a useful resource for human rights practitioners and policy makers.

A timely and important contribution to the study of immigration court from a psychological perspective Every day, large numbers of immigrants undertake dangerous migration journeys only to face deportation or "removal" proceedings once they arrive in the U.S. Others who have been in the country for many years may face these proceedings as well, and either group may seek to gain lawful status by means of an application to USCIS, the benefits arm of the immigration system. Mental Health Evaluations in Immigration Court examines the growing role of mental health professionals in the immigration system as they conduct forensic mental health assessments that are used as psychological evidence for applications for deportation relief, write affidavits for the court about the course of treatment they have provided to immigrants, help prepare people emotionally to be deported, and provide support for immigrants in detention centers. Many immigrants appear in immigration court-often without an attorney if they cannot afford one-as part of deportation proceedings. Mental health professionals can be deeply involved in these proceedings, from helping to buttress an immigrant's plea for asylum to helping an immigration judge make decisions about hardship, competency or risks for violence. There are a whole host of psycho-legal and forensic issues that arise in immigration court and in other immigration applications that have not yet been fully addressed in the field. This book provides an overview of relevant issues likely to be addressed by mental health and legal professionals. Mental Health Evaluations in Immigration Court corrects a serious deficiency in the study of immigration law and mental health, offering suggestions for future scholarship and acting as a vital resource for mental health professionals, immigration lawyers, and judges.

The enactment of the national Right to Information (RTI) Act in 2005 has been produced, consumed, and celebrated as an important event of democratic deepening in India both in terms of the process that led to its enactment (arising from a grassroots movement) and its outcome (fundamentally altering the citizen--state relationship). This book proposes that the explanatory factors underlying this event may be more complex than imagined thus far. The book discusses how the leadership of the grassroots movement was embedded within the ruling elite and possessed the necessary resources as well as unparalleled access to spaces of power for the movement to be successful. It shows how the democratisation of the higher bureaucracy along with the launch of the economic liberalisation project meant that the urban, educated, high-caste, upper-middle class elite that provided critical support to the demand for an RTI Act was no longer vested in the state and had moved to the private sector. Mirroring this shift, the framing of the RTI Act during the 1990s saw its ambit reduced to the government, even as there was a concomitant push to privatise public goods and services. It goes on to investigate the Indian RTI Act within the global explosion of freedom of information laws over the last two decades, and shows how international pressures had a direct and causal impact both on its content and the timing of its enactment. Taking the production of the RTI Act as a lens, the book argues that while there is much to celebrate in the consolidation of procedural democracy in India over the last six decades, existing social and political structures may limit the extent and forms of democratic deepening occurring in the near future. It will be of interest to those working in the fields of South Asian Law, Asian Politics, and Civil Society.

This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.

Many people believe passionately in human rights. Others - Bentham, Marx, cultural relativists and some feminists amongst them - dismiss the concept of human rights as practically and conceptually inadequate. This book reviews these classical critiques and shows how their insights are reflected in the case law of the European Court of Human Rights. At one level an original, accessible and insightful legal commentary on the European Convention, this book is also a groundbreaking work of theory which challenges human rights orthodoxy. Its novel identification of four human rights schools proposes that we alternatively conceive of these rights as given (natural school), agreed upon (deliberative school), fought for (protest school) and talked about (discourse school). Which of these concepts we adopt is determined by particular ways in which we believe, or do not believe, in human rights.

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.

Social networks have created a plethora of problems regarding privacy and the protection of personal data. The use of social networks has become a key concern of legal scholars, policy-makers and the operators as well as users of those social networks. This pathbreaking book highlights the importance of privacy in the context of today's new electronic communication technologies as it presents conflicting claims to protect national and international security, the freedom of the Internet and economic considerations. Using the New Haven School of Jurisprudence's intellectual framework, the author presents the applicable law on privacy and social media in international and comparative perspective, focusing on the United States, the European Union and its General Data Protection Regulation of 2018 as well as Germany, the United Kingdom and Latin America. The book appraises the law in place, discusses alternatives and presents recommendations in pursuit of a public order of human dignity.

Unternehmen fuhren zunehmend eigene interne Untersuchungen durch, von denen besonders Arbeitnehmer betroffen sind. Im Spannungsverhaltnis verschiedener Rechtsgebiete untersucht der Verfasser drei massgebliche Fragestellungen im Zusammenhang mit internen Untersuchungen: Was sind interne Untersuchungen und besteht eine Rechtspflicht zur Durchfuhrung einer solchen? Was sind die datenschutzrechtlichen Anforderungen an interne Untersuchungen? Sind die Ermittlungsergebnisse im Strafverfahren/arbeitsgerichtlichen Verfahren verwertbar? Den Schwerpunkt der Untersuchung bildet der Datenschutz. UEber die aktuelle Rechtslage hinaus setzt sich der Verfasser de lege ferenda mit dem aktuellen Entwurf eines Verbandssanktionengesetzes auseinander, welches einen Rechtsrahmen fur interne Untersuchungen vorsieht.

Der Autor untersucht unter Berucksichtigung der Neuerungen durch das SanInsFoG, ob die mit der drohenden Zahlungsunfahigkeit i. S. d. 18 InsO verbundenen rechtspolitischen Ziele des Gesetzgebers erreicht wurden. Dabei nimmt er zu bisher wenig beachteten Rechtsfragen im Zusammenhang mit den Eroeffnungsgrunden nach 17 ff. InsO Stellung, entwickelt eine eigene Prufungssystematik fur den Tatbestand des 18 InsO und unterbreitet einen Reformvorschlag zur Abloesung des 19 InsO. Er beleuchtet die bestehenden Anreize fur eine fruhzeitige Verfahrenseinleitung mit Fokus auf die gesetzlichen Sanierungsinstrumente sowie die Konkurrenzsituation zum StaRUG und unterbreitet fur klarungsbedurftige Einzelfragen Loesungsvorschlage. Der Autor stellt fest, dass de lege lata kaum geeignete Anreize zur Foerderung einer Verfahrenseinleitung bereits bei drohender Zahlungsunfahigkeit vorhanden sind und der Gesetzgeber daher das mit 18 InsO verfolgte Ziel nach wie vor verfehlt. Anschliessend prasentiert er konkrete Vorschlage zur Weiterentwicklung des geltenden Rechts de lege ferenda.

This volume represents key scholarship on the issue of parental rights and responsibilities, selected from a dense forest of literature. The collection offers an overview of the subject and covers topics such as: underlying rationales of who or what is a parent; legal concepts of 'parent' and their linkage; the legal parent - accommodating complexity; the nature and scope of parental rights; shared parental responsibility; and parental rights and the state.

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.