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.

The subjects of Privacy and Data Protection are more relevant than ever with the European General Data Protection Regulation (GDPR) becoming enforceable in May 2018. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the tenth annual International Conference on Computers, Privacy and Data Protection, CPDP 2017, held in Brussels in January 2017. The book explores Directive 95/46/EU and the GDPR moving from a market framing to a 'treaty-base games frame', the GDPR requirements regarding machine learning, the need for transparency in automated decision-making systems to warrant against wrong decisions and protect privacy, the riskrevolution in EU data protection law, data security challenges of Industry 4.0, (new) types of data introduced in the GDPR, privacy design implications of conversational agents, and reasonable expectations of data protection in Intelligent Orthoses. This interdisciplinary book was written while the implications of the General Data Protection Regulation 2016/679 were beginning to become clear. It discusses open issues, and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in computers, privacy and data protection.

Truth commission recommendations are critical to their legacies, yet there is little research examining their fates. Based on fieldwork that is unprecedented in scope, this double-volume project provides the first systematic study of the formulation and implementation of the recommendations of 13 Latin American truth commissions.Beyond Words Vol. I examines the variations in truth commission recommendations across 13 Latin American cases. Insights are provided regarding how the internal dynamics of truth commissions, as well as the political, social and economic context in which they operate, influence how recommendations are formulated. The authors then explore how the nature of these recommendations themselves, along with the aforementioned factors, influence which recommendations are actually implemented. The conclusion considers the findings' relevance for the crafting of future truth commission recommendations and reflects upon how the formulation and implementation of these recommendations shape the impact of truth commissions on societies emerging from periods of violence and repression.Beyond Words Vol. II is a unique collection of 11 Latin American country studies covering all 13 formal truth commissions established in this region that submitted their final reports between 1984 and 2014. Based on qualitative original data and a common analytical framework, the main focus of each of the country chapters is threefold: (1) to provide a brief background to the truth commission(s); (2) to provide a detailed account of the formulation of the truth commission's recommendations; and (3) to analyze the implementation record of the recommendations, taking into account the actors and factors that have aided or obstructed the implementation process.

"Choice" Outstanding Academic Title 2003

.,."A thorough summary of the trajectory of current case law on the legal regulation of U.S. citizens' intimate lives. . . . A valuable introduction to increasingly important and salient legal questions about the constitutional limits on the state's ability to shape intimate lives in the United States."
--" Political Science Quarterly"

.,."A worthy assessment of the law of intimate association and personal decision-making. For those intrigued by the Court's human side, Ball provides a sufficient glimpse without raising the curtain on its realm of privacy that the justices have strived to protect.
-- "Trial"

"Despite the controversial content of many of the cases, Mr. Ball maintains an air of bemused detachment and does not openly take sides. This is not a polemic. With few exceptions, the prevailing tone is light and scholarly. The goal is to illuminate, not to persuade."
--"New York Law Journal"

"In this truly fascinating and spellbinding work, Ball tells many tales."
-- "Choice"

Personal rights, such as the right to procreate--or not--and the right to die generate endless debate. This book maps out the legal, political, and ethical issues swirling around personal rights. Howard Ball shows how the Supreme Court has grappled with the right to reproduce and to abort, and takes on the issue of auto-euthanasia and assisted suicide, from Karen Ann Quinlan through Kevorkian and just recently to the Florida case of the woman who was paralyzed by a gunshot from her mother and who had the plug pulled on herself.

For the last half of the twentieth century, the justices of the Supreme Court have had to wrestle with newand difficult life and death questions for them as well as for doctors and their patients, medical ethicists, sociologists, medical practitioners, clergy, philosophers, law makers, and judges. The Supreme Court in the Intimate Lives of Americans offers a look at these issues as they emerged and examines the manner in which the men and women of the U.S. Supreme Court addressed them.

Wysong analyzes the nature and extent of the involvement of seven major health and safety professional organizations in the development of the most significant national reform effort in occupational health policy since the OSA Act of 1970: The High Risk Occupational Disease Notification and Prevention Act. The professions have long been a focus of study in sociology; however, this is the first book to examine how the interests and involvement of health professionals' organizations on a national health policy issue are linked to external interests and dynamic contextual factors. By illuminating how professional societies' policy choices are embedded within and shaped by economic and political contexts, Wysong refines prevailing new class interpretations of professionals' interests where policy reforms are concerned. This book should be of particular concern to scholars and researchers involved with medical sociology, the sociology of work, complex organizations, social change, and occupational health policy.

Thurgood Marshall was the most important American lawyer of the twentieth century. He transformed the nation's legal landscape by challenging the racial segregation that had relegated millions to second-class citizenship. He won twenty-nine of thirty-three cases before the United States Supreme Court, was a federal appeals court judge, served as the US solicitor general, and, for twenty-four years, sat on the Supreme Court.
Marshall is best known for achievements after he relocated to New York in 1936 to work for the NAACP. But Marshall's personality, attitudes, priorities, and work habits had crystallized during earlier years in Maryland.
This work is the first close examination of the formative period in Marshall's life. As the authorn shows, Thurgood Marshall was a fascinating man of contrasts. He fought for racial justice without becoming a racist. Simultaneously idealistic and pragmatic, Marshall was a passionate advocate, yet he maintained friendly relationships with his opponents.
"Young Thurgood" reveals how Marshall's distinctive traits were molded by events, people, and circumstances early in his life. Professor Gibson presents fresh information about Marshall's family, youth, and education. He describes Marshall's key mentors, the special impact of his high school and college competitive debating, his struggles to establish a law practice during the Great Depression, and his first civil rights cases. The author sheds new light on the NAACP and its first lawsuits in the campaign that led to the 1954" Brown v. Board of Education" school desegregation decision. He also corrects some of the often-repeated stories about Marshall that are inaccurate.
The only biography of Thurgood Marshall to be endorsed by Marshall's immediate family, "Young Thurgood" is an exhaustively researched and engagingly written work that everyone interested in law, civil rights, American history, and biography will want to read.

The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the "new democracies" Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.

This book explores some of the conceptual questions that underpin the legal disputes which arise in relation to equality and discrimination. Among these questions are: the meaning of 'equality' as a legal concept and its relationship to the principle of non-discrimination * symmetrical and asymmetrical approaches to equality/non-discrimination * the role of comparators in discrimination/equality analysis * the selection of protected characteristics and the proper sphere of statutory and constitutional protections * the scope for and regulation of potential conflicts between protected grounds. The book engages with domestic, European Union, and European Convention on Human Rights case law, as well as with wider international approaches. It also addresses a number of contemporary issues for discrimination/equality law, including the problem of racial profiling and the regulation of multiple discrimination. This is an interesting study for all those working in the fields of discrimination and human rights. (Series: Human Rights Law in Perspective)

The changes made by the Lisbon Treaty suggest that its entry into force in December 2009 marks a new stage in the shaping of the EU's commitment to the protection of fundamental rights. This book's concern is to provide an examination of the several (and interlocking) challenges which the Lisbon reforms present. The book will not only address the fresh and intriguing challenges for the EU as an entity committed to the protection and promotion of fundamental rights presented by developments 'post-Lisbon', but also a number of conundrums about the scope and method of protection of fundamental rights in the EU which existed 'pre-Lisbon' and which endure. The book consists of three parts. The first part is concerned with the safeguarding of fundamental rights in Europe's internal market. The second part of the book is entitled 'The Scope of Fundamental Rights in EU Law' and the chapters discuss the reach of fundamental rights and their horizontal dimension. The last part of this book deals with 'The Constitutional Dimension of Fundamental Rights' analysing the special relationship between the ECJ and the ECtHR and the issue of rights competition between the EU Charter on Fundamental Rights, the European Convention on Human Rights and national rights catalogues.

This volume of essays, situated at the interface between legal doctrine and legal and political philosophy, discusses the conceptual and normative issues posed by the right to inclusion and exclusion the EU claims for itself when enacting and enforcing immigration and asylum policy under the Area of Freedom, Security and Justice. In particular, the essays probe how this alleged right acquires institutional form; how the enactment and enforcement of the EU's external borders render possible and undermine the claim to such a right; and how the fundamental distinctions that underpin this alleged right, such as inside/outside and citizen/alien, are being disrupted and reconfigured in ways that might render the EU's civic and territorial boundaries more porous. The volume is divided into three parts. A first set of essays delves into the empirical aspects that define the institutional context of the EU's alleged jus includendi et excludendi. A second set of essays is theoretical in character, and critically scrutinizes the basic distinctions that govern this alleged right. The third set of essays discusses politico-legal alternatives, exploring how the conceptual and normative problems to which this alleged right gives rise might be dealt with, both legally and politically. The contributors to the volume are Peter Fitzpatrick, Bonnie Honig, Dora Kostakopoulou, Hans Lindahl, Valsamis Mitsilegas, Helen Oosterom-Staples, Bert van Roermund, Jo Shaw, Bernhard Waldenfels, Neil Walker and Ricard Zapata Barrero. The volume also includes a comprehensive introduction by the editor, highlighting systematic connections between the three parts and individual essays which comprise it.

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.

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.

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 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.

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.

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.