Reveals America's long history of making both naturalized immigrants and native-born citizens un-American after stripping away their citizenship Expatriation, or the stripping away citizenship and all the rights that come with it, is usually associated with despotic and totalitarian regimes. The imagery of mass expulsion of once integral members of the community is associated with civil wars, ethnic cleansing, the Holocaust, or other oppressive historical events. Yet these practices are not just a product of undemocratic events or extreme situations, but are standard clauses within the legal systems of most democratic states, including the United States. Witness, for example, Yaser Esam Hamdi, captured in Afghanistan in November 2001, sent to Guantanamo, transferred to a naval brig in South Carolina when it was revealed that he was a U.S. citizen, and held there without trial until 2004, when the Justice Department released Hamdi to Saudi Arabia without charge on the condition that he renounce his U.S. citizenship. Hamdi's story may be the best known expatriation story in recent memory, but in Revoking Citizenship, Ben Herzog reveals America's long history of making both naturalized immigrants and native-born citizens un-American after their citizenship was stripped away. Tracing this history from the early republic through the Cold War, Herzog locates the sociological, political, legal, and historic meanings of revoking citizenship. Why, when, and with what justification do states take away citizenship from their subjects? Should loyalty be judged according to birthplace or actions? Using the history and policies of revoking citizenship as a lens, Revoking Citizenship examines, describes, and analyzes the complex relationships between citizenship, immigration, and national identity.

The Americans With Disabilities Act (ADA) is grounded in the human rights perspective. Like other civil rights legislation, the ADA is aimed at an oppressed group, persons with disabilities, who have been denied equal opportunities to participate in the larger society. As Pardeck makes clear, the goal of ADA, ending discrimination against people with disabilities in all facets of American life, is aligned with the philosophies and traditions of the social work profession. Pardeck provides a detailed overview and analysis of the ADA that will help professional social workers as well as students entering the field realize the full significance of the new rights and protections extended to people with disabilities. He also provides specific case studies and examples to illustrate the range of opportunities afforded the disabled and their advocates.

In 2015, the United Nations formulated 17 ambitious goals towards transforming our world the Sustainable Development Goals (SDG 2030). Their relation to public international law has been studied, but private law has received less attention in this context and private international law none at all. Yet development happens, not only through public action, but also through private action and such action is governed predominantly by private law and private international law. This book demonstrates an important, constructive role for private international law as an indispensable part of the global legal architecture needed to turn the SDGs into reality. Renowned and upcoming scholars from around the world analyse, for each of the 17 SDGs, what role private international law actually plays towards advancing these goals and how private international law could, or should, be reformed to advance them. Together, the chapters in the book bring to the fore the hitherto lacking private side of transforming our world.

This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.

This book is about privacy interests in English tort law. Despite the recent recognition of a misuse of private information tort, English law remains underdeveloped. The presence of gaps in the law can be explained, to some extent, by a failure on the part of courts and legal academics to reflect on the meaning of privacy. Through comparative, critical and historical analysis, this book seeks to refine our understanding of privacy by considering our shared experience of it. To this end, the book draws on the work of Norbert Elias and Karl Popper, among others, and compares the English law of privacy with the highly elaborate German law. In doing so, the book reaches the conclusion that an unfortunate consequence of the way English privacy law has developed is that it gives the impression that justice is only for the rich and famous. If English courts are to ensure equalitarian justice, the book argues that they must reflect on the value of privacy and explore the bounds of legal possibility.

Poor public resource management and the global financial crisis curbing fundamental fiscal space, millions thrown into poverty, and authoritarian regimes running successful criminal campaigns with the help of financial assistance are all phenomena that raise fundamental questions around finance and human rights. They also highlight the urgent need for more systematic and robust legal and economic thinking about sovereign finance and human rights. This edited collection aims to contribute to filling this gap by introducing novel legal theories and analyses of the links between sovereign debt and human rights from a variety of perspectives. These chapters include studies of financial complicity, UN sanctions, ethics, transitional justice, criminal law, insolvency proceedings, millennium development goals, global financial architecture, corporations, extraterritoriality, state of necessity, sovereign wealth and hedge funds, project financing, state responsibility, international financial institutions, the right to development, UN initiatives, litigation, as well as case studies from Africa, Asia and Latin America. These chapters are then theorised by the editors in an introductory chapter. In July 2012 the UN Human Rights Council finally issued its own guidelines on foreign debt and human rights, yet much remains to be done to promote better understanding of the legal and economic implications of the interface between finance and human rights. This book will contribute to that understanding as well as help practitioners in their everyday work. The authors include world-renowned lawyers and economists, experienced practitioners and officials from international organisations.

Since 1996, when the deportation laws were hardened, millions of migrants to the U.S., including many long-term legal permanent residents with "green cards," have experienced summary arrest, incarceration without bail, transfer to remote detention facilities, and deportation without counsel-a life-time banishment from what is, in many cases, the only country they have ever known. U.S.-based families and communities face the loss of a worker, neighbor, spouse, parent, or child. Many of the deported are "sentenced home" to a country which they only knew as an infant, whose language they do not speak, or where a family lives in extreme poverty or indebtedness for not yet being able to pay the costs of their previous migration. But what does this actually look like and what are the systems and processes and who are the people who are enforcing deportation policies and practices? The New Deportations Delirium responds to these questions. Taken as a whole, the volume raises consciousness about the complexities of the issues and argues for the interdisciplinary dialogue and response. Over the course of the book, deportation policy is debated by lawyers, judges, social workers, researchers, and clinical and community psychologists as well as educators, researchers, and community activists. The New Deportations Delirium presents a fresh conversation and urges a holistic response to the complex realities facing not only migrants but also the wider U.S. society in which they have sought a better life.

Anita Whitney was a child of wealth and privilege who became a vocal leftist, early in the twentieth century, became a vocal leftist, supporting radical labor groups such as the Wobblies and helping to organize the Communist Labor Party. In 1919 she was arrested and charged with violating California's recently passed laws banning any speech or activity intended to change the American political and economic systems. The story of the Supreme Court case that grew out of Whitney's conviction, told in full in this book, is also the story of how Americans came to enjoy the most liberal speech laws in the world. In clear and engaging language, noted legal scholar Philippa Strum traces the fateful interactions of Whitney, a descendant of Mayflower Pilgrims; Supreme Court Justice Louis D. Brandeis, a brilliant son of immigrants; the teeming immigrant neighborhoods and left wing labor politics of the early twentieth century; and the lessons some Harvard Law School professors took from World War I-era restrictions onspeech. Though the Supreme Court upheld Whitney's conviction, it included an opinion by Justice Brandeis-joined by Justice Oliver Wendell Holmes, Jr.-that led to adecisive change in the way the Court understood First Amendment free speech protections. Speaking Freely takes us into the discussions behind this dramatic change, as Holmes, Brandeis, Judge Learned Hand, and Harvard Law professors Zechariah Chafee and Felix Frankfurter debate the extent of the First Amendment and the important role of free speech in a democratic society. In Brandeis's opinion, we see this debate distilled in a statement of the value of free speech and the harm that its suppression does to a democracy, along with reflections on the importance of freedom from government control for the founders and the drafters of the First Amendment. Through Whitney v. California and its legacy, Speaking Freely shows how the American approach to speech, differing as it does that of every other country, reflects the nation's unique history. Nothing less than a primer in the history of free speech rights in the US, the book offers a sobering and timely lesson as fear once more raises the specter of repression.

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"This is narrative scholarship of the highest quality. "Justice at War" addresses a far-ranging set of topical social issues of our times, from affirmative action to hate speech to (in)justice toward noncitizens during times of war. Accessible, well-written, and deeply insightful, "Justice at War" represents the most creative and thoughtful, if not brilliant, installment of the "Rodrigo Chronicles" so far."
--Kevin Johnson, University of California at Davis

"Delgado raises important questions that most American studies scholarship ignores because of its narrow focus. Delgado's use of fiction and dialogue allows him to model a fairly broad, interdisciplinary conversation about contemporary issues that all too often is absent in much scholarly work."
--"American Studies"

"Delgado's analysis is fresh and thought provoking."
--"The Law and Politics Book Review"

"Worth reading. The author genuinely loves ideas and avidly seeks racial justice. Infected by his enthusiasm, the reader may well be tempted to learn more about the important issues Delgado raises-an outcome that he would surely welcome."
--"New York Law Journal"

The status of civil rights in the United States today is as volatile an issue as ever, with many Americans wondering if new laws, implemented after the events of September 11, restrict more people than they protect. How will efforts to eradicate racism, sexism, and xenophobia be affected by the measures our government takes in the name of protecting its citizens?

Richard Delgado, one of the founding figures in the Critical Race Theory movement, addresses these problems with his latest bookin the award-winning "Rodrigo Chronicles," Employing the narrative device he and other Critical Race theorists made famous, Delgado assembles a cast of characters to discuss such urgent and timely topics as race, terrorism, hate speech, interracial relationships, freedom of speech, and new theories on civil rights stemming from the most recent war.

In the course of this new narrative, Delgado provides analytical breakthroughs, offering new civil rights theories, new approaches to interracial romance and solidarity, and a fresh analysis of how whiteness and white privilege figure into the debate on affirmative action. The characters also discuss the black/white binary paradigm of race and show why it persists even at a time when the country's population is rapidly diversifying.

In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.

Abortion is one of the most compelling public policy issues facing government and the public in the United States today. Most societies have enacted laws and statutes regarding abortion, and most societies have strong feelings regarding birth control and abortion. But the legal statutes and attitudes follow markedly different approaches. Simon examines how this issue is being faced in the United States, Canada, a sample of Western and Eastern European countries, Middle Eastern, African, and Latin American societies, and, among Asian countries, Japan, China, and India, along with Australia.

After a brief historical introduction, Simon examines the legal statutes pertaining to abortion in the selected countries and then reviews public attitudes toward abortion based on responses to national public opinion polls. She concludes by discussing the relationships between the laws and statutes pertaining to abortion and the nations' policies vis- DEGREESDa-vis population growth and control. "Abortion" is the first volume in a series that will examine major public policy issues using an explicitly comparative approach. Each will serve as a handbook for students, researchers, and scholars, containing basic empirical data and comprehensive references on the social issue or practice under examination.

Dubbed a pioneer of critical race theory, Delgado offers a book of compelling conversations about race in America Richard Delgado is one of the most evocative and forceful voices writing on the subject of race and law in America today. The New York Times has described him as a pioneer of critical race theory, the bold and provocative movement that, according to the Times "will be influencing the practice of law for years to come." In The Rodrigo Chronicles, Delgado, adopting his trademark storytelling approach, casts aside the dense, dry language so commonly associated with legal writing and offers up a series of incisive and compelling conversations about race in America. Rodrigo, a brash and brilliant African-American law graduate has been living in Italy and has just arrived in the office of a professor when we meet him. Through the course of the book, the professor and he discuss the American racial scene, touching on such issues as the role of minorities in an age of global markets and competition, the black left, the rise of the black right, black crime, feminism, law reform, and the economics of racial discrimination. Expanding on one of the central themes of the critical race movement, namely that the law has an overwhelmingly white voice, Delgado here presents a radical and stunning thesis: it is not black, but white, crime that poses the most significant problem in modern American life.

This book tackles the regulatory issues of Unmanned Aerial Systems (UAS) or Remotely-Piloted Aerial Systems (RPAS), which have profound consequences for privacy, security and other fundamental liberties. Collectively known as "drones," they were initially deployed for military purposes: reconnaissance, surveillance and extrajudicial executions. Today, we are witnessing a growth of their use into the civilian and humanitarian domain. They are increasingly used for goals as diverse as news gathering, aerial inspection of oil refinery flare stacks, mapping of the Amazonian rain-forest, crop spraying and search and rescue operations. The civil use of drones is becoming a reality in the European Union and in the US.The drone revolution may be a new technological revolution. Proliferation of the next generation of "recreational" drones show how drones will be sold as any other consumer item. The cultural perception of the technology is shifting, as drones are increasingly being used for humanitarian activities, on one hand, but they can also firmly be situated in the prevailing modes of postmodern governance on the other hand. This work will be of interest to researchers in Criminology and Criminal Justice interested in issues related to surveillance, security, privacy, and technology. It will also provide a criminological background for related legal issues, such as privacy law, aviation law, international criminal law, and comparative law.

For the first time, the sad story of America's uranium miners and the duplicity of our government is revealed. This expert study examines, in microcosm, the political, legal, social, medical, engineering, and ethical problems that emerged when American leaders developed a nuclear arsenal to contain the Soviet Union without considering the cost this could have on innocent lives. Medical and public health personnel, policymakers and political scientists, lawyers and legal historians, and citizen watchdogs will find this account illuminating. Ball provides the context in the 1940s and 1950s for understanding the Communist hysteria that swept the country and led policymakers to develop risky nuclear technology and to engage in uranium mining and production while assuring Navajo and Mormon miners of their safety. The study analyzes the medical consequences and the etiology of cancer among miners, the politics behind radioactive policy, the miners' long legal battles, and compensatory legislation in 1990. An appendix provides a federal report about three decades of radiation experiences on U.S. citizens. A bibliography points to primary and secondary source material of note.

The EU legal order sits above a diverse mix of 27 national legal systems, with some 23 different languages. Amongst such diversity, how can the unity and coherence of the European legal system be guaranteed? Is there a common understanding between lawyers from different national backgrounds as to the meaning and application of EU law?
In addressing these issues the idea of 'common concepts' has played a crucial role - it is argued that the unity of the system is guaranteed by the consistent application of certain core principles shaping the law. To what extent can these concepts be trusted to provide a firm basis for the coherence of the EU legal order?
Believers in common concepts argue that there is a relatively clear, shared and accepted framework of ideas, providing an understanding of the system that is ultimately unified in spite of all apparent divergence. Sceptics hold that there is no such framework; 'common concepts' turn out to be additional sources of misunderstanding, confusion and, subsequently, legal divergence. According to a third thesis, there is indeed no common conceptual core, but the necessary unity and coherence of EU law can be articulated and even reinforced through the use of divergent concepts.
The contributors to this collection of essays address these issues from different disciplinary perspectives - legal sociology, linguistics, comparative law, European legal scholarship, legal theory and practical experience. The research group focused on the application of two general themes: the protection of rights and judicial discretion. In addition to the thematic research, case studies from core policy sectors are featured, including energy regulationand social policy.

The world seems to have reached agreement on a set of ideals regarding state human rights behavior and the appropriate institutions to promote and protect those ideals. The global script for state legitimacy calls for a written constitution or the equivalent with an embedded bill of rights, democratic processes and institutions, and increasingly, a judicial check on state power to protect human rights. While the progress toward universal formal adherence to this global model is remarkable, Linda Camp Keith argues that the substantive meaning of this progress is much less clear. In "Political Repression," she seeks to answer two key questions: Why do states make formal commitments to democratic processes and human rights? What effect do these commitments have on actual state behavior, especially political repression?The book begins with a thorough exploration of a variety of tools of state repression and presents evidence for substantial formal acceptance of international human rights norms in constitutional documents as well as judicial independence. Keith finds that these institutions reflect the diffusion of global norms and standards, the role of transnational networks of nongovernmental organizations, and an electoral logic in which regimes seek to protect their future interests. Economic liberalism, on the other hand, decreases the likelihood that states adopt or maintain these provisions. She demonstrates that the level of judicial independence is influenced by constitutional structures and that levels of judicial independence subsequently achieved in turn diminish the probability of state repression of a variety of rights. She also finds strong evidence that rights provisions may indeed serve as a constraint on state repression, even when controlling for many other factors.

Reprinted from the Garland series: Slavery, Race and the American Legal System, 1700-1872, the 13 pamphlets in this collection address cases that led to the abolition of slavery, cases against free blacks and abolitionists and cases dealing with race laws. " The volumes in this series] belong in every library used for research, and in particular at all law school libraries. They will prove valuable to historians, lawyers, law teachers and students, and all persons interested in the problems of slavery and race in American experience." --William M. Wiecek, American Journal of Legal History 33 (1989) 187

"Defining the Family: Law, Technology, and Reproduction in an Uneasy Age" provides a sweeping portrait of the family in American law from the nineteenth century to the present. The family today has come to be defined by individuality and choice. Pre-nuptial agreements, non-marital cohabitation, gay and lesbian marriages have all profoundly altered our ideas about marriage and family. In the last few years, reproductive technology and surrogacy have accelerated this process of change at a breathtaking rate. Once simple questions have taken on a dizzying complexity: Who are the real parents of a child? What are the relationships and responsibilities between a child, the woman who carried it to term, and the egg donor? Between viable sperm and the wife of a dead donor?

The courts and the law have been wildly inconsistent and indecisive when grappling with these questions. Should these cases be decided in light of laws governing contracts and property? Or it is more appropriate to act in the best interests of the child, even if that child is unborn, or even unconceived? No longer merely settling disputes among family members, the law is now seeing its own role expand, to the point where it is asked to regulate situations unprecedented in human history. Janet L. Dolgin charts the response of the law to modern reproductive technology both as it transforms our image of the family and is itself transformed by the tide of social forces.

How should political community be seen in the context of European integration? This book combines a theoretical treatment of political allegiance with a study of ordinary citizens, examining how taxi-drivers in Britain, Germany and the Czech Republic talk politics and situate themselves relative to political institutions and other citizens.

The European Community's successes and failures in guaranteeing the fundamental right to free movement of persons continue to develop against the backgrounds of domestic civil rights and international human rights obligations. Although often justified merely in terms of economic efficiency, non-discriminatory rights and freedoms of movement can be seen as constituting an essential component of the legal foundation of all European projects, and as a powerful force in the forging of a new European identity beyond the traditional nation-state.The present volume - a revised and updated edition of the important work first published in 2001 - provides a comprehensive, up-to-date overview of European law on the movement of persons. Its scope encompasses doctrinal basis, institutional framework, legal compliance, judicial development, and derogation on such grounds as security and health. The authors, both well-known experts in the field, comment extensively on matters including visas, free movement of workers, freedom of establishment for companies in the context of taxation, posted workers, harmonisation of professional qualifications, European citizenship, freedom to provide and receive services, agreements between the European Community and other states concerning free movement, and the rights of families and individuals to housing and education, as well as the increasingly important topic of the rights of third country nationals.In addition to providing analysis of the relevant provisions of the European Community Treaty as amended by subsequent treaties including the Treaties of Amsterdam and Nice, the book takes considerable account of all relevant secondary legislation and sometimes soft law, for example draft treaties, resolutions, and draft legislation. All of these perspectives - legislative and judicial, at domestic, EC and international levels - are here fully updated, with special attention to the far-reaching implications of the recent Residence Directive.In this new edition the authors clearly articulate what has been gained in recent years, and also consider what obstacles remain and what future developments might take place in this area of Community law. For these reasons and others, "Free Movement of Persons Within the European Community, Second Edition", will continue to be of great value to legal practitioners, officials of the EC and other economic unions, academics, and students as well as to the wider public interested in the process of European integration.

This book delves into the legal traditions that relegated women to an inferior social and legal status worldwide. Winnie Hazou probes the nature of law, changes in legislation, and the trend of modern law toward a social engineering that effects gender equality. Hazou analyzes changes in major areas of women's lives, such as family, employment, and the acquisition of social power. She presents a global perspective of women's status and discusses international law aimed at eliminating the exploitation and abuse of women. The book highlights five countries, exploring the cultural basis for and social attitudes toward the position of women in each country. Students and scholars of women's studies will find this book a valuable resource.

The book concludes that both national and international law are slowly evolving into an effective tool for the elimination of discrimination against women. In spite of residual traditions, and beliefs across all cultures concerning gender roles, there is great institutional support in governments as well as the United Nations to elevate the status of women. This book combines the sociology of women and the sociology of law to give a global perspective on not only the current position of women but the changes that are occurring in their lives.

Robert Weatherley examines the role of nationalism in Chinese thinking on democracy and human rights spanning four successive periods: the late Qing, the Republic, Mao's China and post-Mao China. During this time, many of the debates in China about democracy and rights have been tied to the question of how to make China strong. The trigger is usually a perceived threat from foreign imperialism. Following the outbreak of the First Opium War in 1839, this imperialism took a military form, leading many Chinese reformers to embrace a system of democracy and rights in order to protect China from further foreign encroachments. In more recent years, the perceived threat has come from cultural imperialism, most apparent, Beijing claims, when the West criticises China for its poor record on democracy and human rights. This has led to the evolution of a distinctively Chinese model of democracy and rights that differs significantly from that deriving from the West.