This book considers the case for modernising partnership rights in EC family reunification law. Existing Community law traditionally guarantees immigration rights only to spouses and yet there is a growing diversity of national laws on same-sex marriage, registered partnerships and recognition of cohabitation. The Community institutions which have recently framed new legislation seem to view this as a question that can be settled by political agreement with little or no outside constraint. The book challenges this assumption. The book outlines recent developments in national legal systems and traces the development of the recent Community legislation. Then, drawing on basic ECHR principles, the place of the ECHR in Community law, and on basic Community law principles of free movement and discrimination the book argues that the right of a migrant EU Citizen to family reunification for a cohabiting partner is presumptively protected and therefore justification for refusing to admit such partners must be provided. It also considers the possible justifications for marriage-partners only immigration policies and concludes that although possible, such justifications are far from certain to succeed. The discussion also tackles the question of whether judicial activism is appropriate or whether there should be judicial deference to the legislative process recently completed. The book concludes with a wider discussion of the proper response of Community law to the increasing diversity of Member States family laws and policies beyond the field of immigration rights. The book will be of value not only to immigration lawyers, but also to those interested in partnership rights generally, as well as to a wider audience of EU lawyers, primarily academics but also graduate students and practitioners.

The "superb" (The Guardian) biography of an American who stood against all the forces of Gilded Age America to fight for civil rights and economic freedom: Supreme Court Justice John Marshall Harlan. They say that history is written by the victors. But not in the case of the most famous dissenter on the Supreme Court. Almost a century after his death, John Marshall Harlan's words helped end segregation and gave us our civil rights and our modern economic freedom. But his legacy would not have been possible without the courage of Robert Harlan, a slave who John's father raised like a son in the same household. After the Civil War, Robert emerges as a political leader. With Black people holding power in the Republican Party, it is Robert who helps John land his appointment to the Supreme Court. At first, John is awed by his fellow justices, but the country is changing. Northern whites are prepared to take away black rights to appease the South. Giant trusts are monopolizing entire industries. Against this onslaught, the Supreme Court seemed all too willing to strip away civil rights and invalidate labor protections. So as case after case comes before the court, challenging his core values, John makes a fateful decision: He breaks with his colleagues in fundamental ways, becoming the nation's prime defender of the rights of Black people, immigrant laborers, and people in distant lands occupied by the US. Harlan's dissents, particularly in Plessy v. Ferguson, were widely read and a source of hope for decades. Thurgood Marshall called Harlan's Plessy dissent his "Bible"--and his legal roadmap to overturning segregation. In the end, Harlan's words built the foundations for the legal revolutions of the New Deal and Civil Rights eras. Spanning from the Civil War to the Civil Rights movement and beyond, The Great Dissenter is a "magnificent" (Douglas Brinkley) and "thoroughly researched" (The New York Times) rendering of the American legal system's most significant failures and most inspiring successes.

This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.

This book offers an exhaustive analysis of extraterritorial employment standards. Part I addresses the U.S. role in the enforcement of internationally recognized worker rights in the world community. Worker rights include the right of association; the right to organize and bargain collectively; a prohibition on the use of any form of forced or compulsory labor; a minimum age for the employment of children; acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; and the right to work in an environment free from discrimination. By using economic coercion in the form of preferential trade benefits, investment incentives, and trade sanctions, the United States attempts to encourage foreign governments and employers, both local and transnational, to abandon exploitative working conditions for employment standards recognized by the world community. Part II is an exhaustive review of employment standards for U.S. citizens employed abroad, including equal employment opportunity standards. It also addresses extraterritorial wage and hour regulation and federal statutes establishing worker compensation standards to persons employed at military installations or in areas where the risk of war hazards are prevalent. Part III is a discussion of the policy concerns and implications of extraterritorial employment standards. These standards impact domestic producers, domestic workers and their representative organizations, consumers, exporters and importers, as well as multinational enterprises and their employees. This book is indispensable for managers, legal counsel for employers and employees, and policy makers and labor leaders in any industry having contact with the global economy.

The Article 6 fair trial rights are the most heavily-litigated Convention rights before the European Court of Human Rights, generating a large and complex body of case law. With this book, Goss provides an innovative and critical analysis of the European Court's Article 6 case law. The category of 'fair trial rights' includes many component rights. The existing literature tends to chart the law with respect to each of these component rights, one by one. This traditional approach is useful, but it risks artificially isolating the case law in a series of watertight compartments. This book takes a complementary but different approach. Instead of analysing the component rights one by one, it takes a critical look at the case law through a number of 'cross-cutting' problems and themes common to all or many of the component rights. For example: how does the Court view its role in Article 6 cases? When will the Court recognise an implied right in Article 6? How does the Court assess Article 6 infringements, and when will the public interest justify an infringement? The book's case-law-driven approach allows Goss to demonstrate that the European Court's criminal fair trial rights jurisprudence is marked by considerable uncertainty, inconsistency, and incoherence.

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.

The need to allow a change of legal sex/gender in certain cases is no longer disputed in most jurisdictions, and for European countries there is no question as to whether such a change should be allowed after the decision of the European Court of Human Rights in Goodwin v. United Kingdom (Application no. 28957/95). The question has therefore shifted to what the requirements for such a change of the legal sex/gender should be. Many jurisdictions have legislated or developed an administrative approach to changing sex/gender, but the requirements differ significantly from jurisdiction to jurisdiction, particularly with regard to age, nationality and marital status, as well as the medical and psychological requirements. The latter in some jurisdictions still include surgery and sterility as a precondition, thus potentially forcing the persons concerned to choose between the recognition of their sex/gender identity and their physical integrity.The book also examines questions that are thus far under-researched, namely what the full legal consequences of a change of legal sex/gender should be, for example with regard to existing legal relationships such as marriages and registered partnerships, but also concerning children and parentage.The Legal Status of Transsexual and Transgender Persons is the result of an international research project, including not only national reports from 14 European and non-European jurisdictions but also two chapters that look at legal sex/gender changes from a Christian perspective and one chapter from a medical-psychological perspective. The final comparative chapter compares and contrasts the different approaches and requirements and makes recommendations for best practice and law reform.

The authors examine developments in labor standards in global supply chains over the past thirty years, analyzing factors that create challenges and opportunities for improving working conditions. They illustrate the complex dynamics within and among key groups, including brands, suppliers, governments, workers and consumers. Using extended examples from China, Honduras, Bangladesh and the United States, as well as new quantitative evidence, the authors analyze stakeholders and mechanisms that create or obstruct opportunities for improving labor rights. They evaluate key clusters of actors and their interests in order to comprehensively map the complex interactions and relationships that make up global supply chains. Original data and analyses, including four in-depth case studies, present a systematic evaluation of the points of leverage for changing labor standards in sectors including apparel, footwear, and electronics. This exciting new contribution to a burgeoning field of study will benefit scholars of labor rights and human rights, as well as students with an interest in labor and working conditions. It also presents critical information for political scientists, NGOs, and practitioners looking to effect change in working conditions and learn more about key players in the global economy.

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.

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.

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.

Applying the emergent Business and Human Rights (BHR) regime as a case, this book analyses regulatory strategies, communicative approaches and public-private processes to develop new sustainability-related norms, particularly for business, for maintaining and promoting public policy objectives and societal needs. Karin Buhmann sets out the concerns of public regulators and businesses that both inform debates and create power struggles in the construction of sustainability norms between public policy interests and the market. The author focuses on three trends in argumentative strategies applied in the BHR context and considers the use, impact and complementarity of these for sustainability regulation. Through analysis of selected transnational regulatory processes, the book identifies argumentative and negotiation strategies that led to agreement on BHR despite conflicting interests across public, private and not-for-profit (NGO) stakeholders, and develops insights for future multi-stakeholder sustainability regulation, focusing both on the regulatory process and the outcome. Changing Sustainability Norms through Communication Processes will be a valuable read for NGOs, regulators, managers and academics with a concern for sustainability regulation by helping to enhance their understanding of how to influence normative change in organisations, in support of sustainability and responsible business conduct.

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.

The proportionality test, as proposed in Robert Alexy's principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question "are courts justified in borrowing proportionality?" has not been expressly put in many countries where judicial borrowings are a reality. This book sheds light on this question and examines the circumstances under which courts are authorized to borrow from alien legal sources to rule on constitutional cases. Taking the Supreme Federal Court of Brazil - and its enthusiastic recourse to proportionality when interpreting the Federal Constitution - as a case study, the book investigates the normative reasons that could justify the court's attitude and offers a comprehensive overview of its case law on controversial constitutional matters like abortion, same-sex union, racial quotas, and the right to public healthcare. Providing a valuable resource for those interested in comparative constitutional law and legal theory, or curious about Brazilian constitutional law, this book questions the alleged universality of the proportionality test, challenges the premises of Alexy's principles theory, and discloses more than 68 Brazilian Supreme Court decisions delivered from 2003 to 2018 that would otherwise have remained unknown to an English-speaking audience.

For over a century it has been the case that a person exists, at least for legal purposes, only after she has been recognized by the state. As a unique element of this acknowledgement, nationality has also been an essential component of individual identity. Now, under pressure from a variety of directions, the nature of the link between state and individual is changing, with as yet unclear implications and long-term effects. In this original and insightful analysis, Eniko Horvath focuses on three processes of legal evolution in Europe that affect the meaning of membership and individual identity: the increasing salience of supranational culture and rights; kinship; legislation privileging non-nationals with linguistic, cultural, and ethnic ties to a given state; and the emergence of plural nationality as an acceptable (and even welcome) phenomenon.The author's treatment is notable for its informed appreciation of both the content of relevant European and national laws and the ways in which these laws are embedded in particular social and political frameworks. In addition to extending the legal theory on citizenship and nationality, the analysis draws on sociology, social psychology, and political theory to anchor its insights and recommendations. After two in-depth chapters introducing the complexities of the subject matter, three distinct but interwoven chapters show how each of the three processes has unfolded in a given context, offer detailed explanations and suggestions as to why each development has occurred in the manner that it has, and discuss the legal, political, and sociological issues raised by the particular development.A comprehensive reference section with extensive lists of laws, cases, and scholarship concludes the volume. It is likely that this book will come to be recognized as a foundational work in the legal analysis of the concept of cultural identity, and especially its role in setting norms of membership, as that way of seeing the world becomes ever more clearly defined in coming decades. It is sure to be not only studied and cited by academics and legal theorists, but of special value also to policymakers in the areas of nationality and citizenship.

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.

A new edition of a seminal text in Critical Race Theory Since the publication of the third edition of Critical Race Theory: An Introduction in 2017, the United States has experienced a dramatic increase in racially motivated mass shootings and a pandemic that revealed how deeply entrenched medical racism is and how public disasters disproportionately affect minority communities. We have also seen a sharp backlash against Critical Race Theory, and a president who deemed racism a thing of the past while he fanned the flames of racial intolerance and promoted nativist sentiments among his followers. Now more than ever, the racial disparities in all aspects of public life are glaringly obvious. Taking note of all these developments, this fourth edition covers a range of new topics and events and addresses the rise of a fierce wave of criticism from right-wing websites, think tanks, and foundations, some of which insist that America is now colorblind and has little use for racial analysis and study. Award-winning authors Richard Delgado and Jean Stefancic also address the rise in legislative efforts to curtail K–12 teaching of racial history. Critical Race Theory, Fourth Edition, is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for readers wanting to advance a progressive race agenda, includes new readings and questions for discussion aimed at outlining practical steps to achieve this objective.

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

Fundamental rights for all people with disabilities, education and employment are key for the inclusion of people with autism. They play as facilitators for the social inclusion of persons with autism and as multipliers for their enjoyment of other fundamental rights. After outlining the international and European dimensions of the legal protection of the rights to education and employment of people with autism, the book provides an in-depth analysis of domestic legislative, judicial and administrative practice of the EU Member States in these fields. Each chapter identifies the good practices on inclusive education and employment of people with autism consistent with principles and obligations enshrined in the UN Convention on the Rights of Persons with Disabilities (Articles 24 and 27). The book contains the scientific results of the European Project "Promoting equal rights of people with autism in the field of employment and education" aimed at supporting the implementation of the UN Convention in the fields of inclusive education and employment.

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.

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 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