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.

This research review provides a comprehensive overview of children's human rights. Beginning with the Convention on the Rights of the Child, the most widely ratified human rights treaty in the world, it explores the theory, doctrine, and implementation of the legal frameworks addressing child labor, child soldiers, and child trafficking, as well as children's socio-economic rights, including their rights to education. This topical research review is an invaluable resource for scholars, students, and activists.

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.

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.

An exploration of EU policy towards copyright enforcement on the Internet, examining the EU Telecoms Package from 2007-9. This book explains the puzzling case of copyright in telecoms law, and includes discussion of 3-strikes (graduated response), ISP liability and the French Hadopi law.

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.

"Highly recommended. Lower-division undergraduates though faculty."
-- CHOICE

" L]andmark volume on the subject of exclusionary policies against Chinese and Chinese Americans ... a valuable teaching tool ... an exemplary subject reference."
-- Library Journal

Named an Honor Book by the Asian and Pacific American Librarians Association (APALA), and a Gold Winner of the Benjamin Franklin Award.

A whole class of people, forbidden from ever becoming citizens . . . forbidden from even entering the country-their rights torn up and trampled on, left with no political redress. This was the United States of America from 1882 through 1943-if you had the misfortune to be Chinese.

The United States Congress banned all Chinese from becoming U.S. citizens from 1882 through 1943, and stopped most Chinese from even entering the country starting in 1882. Forbidden Citizens recounts this long and shameful legislative history. Congress passed restrictive legislation between 1879 and 1904. The most notorious was the Chinese Exclusion Act of 1882, described as "one of the most vulgar forms of barbarism," by Rep. John Kasson (R-IA) in 1882.

These laws were targeted not only at immigration, they banned citizenship, even for legal immigrants who had arrived before the gate was closed in 1882. Barred from becoming voters, the Chinese had no political recourse against repeated discrimination.

Because their appearance and lifestyle were so different, it was easy to tyrannize the Chinese. Insisting that the Chinese could not assimilate into American culture, lawmakers actively blocked them from doing so. Democrats and Republicans alike found the Chinese easy prey.

For the first time, this book assembles the complete legislative history of Congress's Chinese exclusion.

"Our nation has the greatest ideals, standing as that 'city upon a hill' for the world over to look toward with hope. Yet we have not always been as welcoming as we have proclaimed. Forbidden Citizens by Martin Gold tells the story of the exclusion of a specific group, the Chinese people, for racial reasons that were expressed in the most shocking terms. It is thorough, thoughtful, and highly relevant today. This work presents the best scholarship in the most accessible manner."
-- Frank H. Wu, Chancellor & Dean, University of California Hastings College of the Law

"Through engaging narrative, Forbidden Citizens expertly tells a story unfamiliar to most Americans, one that left a permanent scar upon the psyche of Chinese Americans and changed our nation forever. Martin Gold's thorough and pioneering research into decades of Congressional history brings to life the politics of Chinese exclusion in a way no one has."
-- Judy Chu, United States Representative (D-CA)

"Forbidden Citizens is a moving account of a regrettable part of American history. Marty Gold has done us all a service by bringing this story to light so that our past mistakes are never repeated."
-- Scott Brown, United States Senator (R-MA)

"An important piece of scholarship, which vividly depicts the intensity of anti-Chinese and anti-Asian feeling that was widespread even among our intellectual and political elite only a century ago."
-- Stephen Hsu, Professor of Physics, University of Oregon

For Complete Table of Contents, see ForbiddenCitizens.com

The goal of this study is to provide a general overview and thorough analysis of how the European Court of Human Rights deals with tort law issues such as damage, causation, wrongfulness and fault, the protective purpose of rules, remedies and the reduction of damages when applying art 41 of the European Convention on Human Rights (ECHR). These issues have been examined on the basis of a comprehensive selection and detailed analysis of the Court's judgments and the results compared with different European legal systems (Austria, Belgium, England and Wales, France, Germany, Hungary, Ireland, Italy, Poland, Romania, Scandinavia, Spain, Switzerland and Turkey), EC Tort Law and the Principles of European Tort Law. The introduction of art 41 (ex art 50) ECHR in 1950 as a compromise and the issues it raises now, the methodological approaches to the tort law of the ECHR, the perspectives of human rights and tort law and public international law as well as the question of whether the reparation awarded to victims of ECHR violations can be considered real 'just' satisfaction are addressed in five special reports (two of which are also available in German). Concluding remarks try to summarise the outcome.

The principle of content-neutrality is the cornerstone of freedom of expression jurisprudence, protecting the core values of freedom of speech set out in the first amendment, whilst also enabling the government to place reasonable restrictions on protected speech. The Politics of Freedom of Expression examines the US Supreme Court's decision-making in freedom of expression cases, from the Earl Warren Court in 1953 to the 2012 decisions of the John Roberts Court, assessing the extent to which the justices take into consideration their own political attitudes, jurisprudence and external factors such as federal government participation. In doing so, the book highlights the role of the civil rights movement in developing the content-neutrality jurisprudential regime. Establishing 'jurisprudential regime theory' as a framework for incorporating the various factors that can affect decision-making, the author draws on quantitative, qualitative and interpretive methods in order to analyse the justices' changing treatment of content-based and content-neutral cases over time. This unique theoretical approach allows the text to push beyond the traditional 'law versus politics' debate in order to critically evaluate the importance of content-neutrality to the Supreme Court's decision-making, and to compare decision-making in the US with Canada, Germany, Japan and the UK.

This book is about enforcing privacy and data protection. It demonstrates different approaches - regulatory, legal and technological - to enforcing privacy. If regulators do not enforce laws or regulations or codes or do not have the resources, political support or wherewithal to enforce them, they effectively eviscerate and make meaningless such laws or regulations or codes, no matter how laudable or well-intentioned. In some cases, however, the mere existence of such laws or regulations, combined with a credible threat to invoke them, is sufficient for regulatory purposes. But the threat has to be credible. As some of the authors in this book make clear - it is a theme that runs throughout this book - "carrots" and "soft law" need to be backed up by "sticks" and "hard law". The authors of this book view privacy enforcement as an activity that goes beyond regulatory enforcement, however. In some sense, enforcing privacy is a task that befalls to all of us. Privacy advocates and members of the public can play an important role in combatting the continuing intrusions upon privacy by governments, intelligence agencies and big companies. Contributors to this book - including regulators, privacy advocates, academics, SMEs, a Member of the European Parliament, lawyers and a technology researcher - share their views in the one and only book on Enforcing Privacy.

Punishing Corporate Crime: Legal Penalties for Criminal and Regulatory Violations provides a practical discussion of criminal punishment trends directed at the corporate entity. Corporate punishment, for the most part, has traditionally occurred either in the form of a fine or, in the extreme, a heavy sanction that terminates the business. This timely book analyzes the historical and statutory bases of corporate punishment and reviews the latest remedies now employed by the government, including receivership and monitoring, disgorgement of profits, restitution, integrity agreements, and disbarment from regulated fields. Punishing Corporate Crime explores the new and evolving area of corporate criminal punishment that has emerged in the post- Enron era. This book offers key advice in addressing the new and evolving punishments that face corporations, as well as a consideration of preventative programs.

This book analyses the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property, and explores what legal norms and normative orders would be appropriate for resolving these claims. To establish context, the book first provides insights into the exceptional legislative responses to the cultural property claims of Native American tribes in the United States and looks at the possible relevance of this national law on the international level. It then shifts to the multinational setting by using the method of legal pluralism and takes into consideration international human rights law, international cultural heritage law, the applicable national laws in the United Kingdom, France and Switzerland, transnational law such as museum codes, and decision-making in extra-legal procedures. In the process, the book reveals the limits of the law in dealing with the growing imperative of human rights in the field, and concludes with three basic insights that are of key relevance for improving the law and decision-making with regard to indigenous peoples' cultural property. "

'The authors breathe new life into this complex, recondite branch of the law. An illuminating and penetrating study of an ancient remedy whose importance endures - and even increases.' - Raymond Wacks, University of Hong Kong This concise yet detailed book explores the historical foundations and modern developments of the ancient doctrine of breach of confidence. The authors show that despite its humble beginnings, stilted development and air of quaintness the doctrine has modern relevance and influence, its sense of 'trust and confidence' still resonating with the information society of today. Topical chapters include, 'Inventing an equitable doctrine', 'Privacy and publicity in early Victorian Britain', 'Searching for balance in the employment relationship', as well as many others. Breach of Confidence will make insightful reading for all those interested in issues of privacy and information, and will appeal strongly to practicing lawyers and judges as well as academic researchers and postgraduate law students.

The entry into force of the Treaty of Lisbon in 2009 caused the EU's Charter of Fundamental Rights to be granted binding effect. This raised a host of intriguing questions. Would this transform the EU's commitment to fundamental rights? Should it transform that commitment? How, if at all, can we balance competing rights and principles? (The interaction of the social and the economic spheres offers a particular challenge). How deeply does the EU conception of fundamental rights reach into and bind national law and practice? How deeply does it affect private parties? How much flexibility has been left to the Court in making these interpretative choices? What is the likely effect of another of the reforms achieved by the Lisbon Treaty, the commitment of the EU to accede to the ECHR? This book addresses all of these questions in the light of five years of practice under the Charter as a binding instrument.

This book examines American solitary confinement - in which around 100,000 prisoners are held at any one time - and argues that under a moral reading of individual rights such punishment is not only a matter of public interest, but requires close constitutional scrutiny. While Eighth Amendment precedent has otherwise experienced a generational fixation on the death penalty, this book argues that such scrutiny must be extended to the hidden corners of the US prison system. Despite significant reforms to capital sentencing by the executive and legislative branches, Eastaugh shows how the American prison system as a whole has escaped meaningful judicial oversight. Drawing on a wide range of socio-political contexts in order to breathe meaning into the moral principles underlying the punishments clause, the study includes an extensive review of professional (medico-legal) consensus and comparative transnational human rights standards united against prolonged solitary confinement. Ultimately, Eastaugh argues that this practice is unconstitutional. An informed and empowering text, this book will be of particular interest to scholars of law, punishment, and the criminal justice system.

This book will systematically examine how Supreme Court detainee cases have been implemented over time with an emphasis on the role of the president in this process. More specifically, it will test the hypothesis that an active, energetic executive branch has the ability to powerfully shape the implementation process of judicial decisions in a policy area it has deemed important. It concludes that the President, though just one of many actors in the implementation process, wields considerable influence and has a variety of tools that can be used to shape the manner in which judicial decisions are implemented and achieve his policy goals. It also explores why presidents seem to have the upper hand in the implementation process when compared with the power and influence of Congress and the courts.

This book offers a unique insight into the global trend towards the commodification of citizenship. In Cyprus, as well as many other countries, foreign investors can become naturalised citizens for a price. Exploring the fact that there is now a price tag to the national (and therefore EU) passport, the book examines the nature of citizenship alongside the unequal interactions between global political economy and national political communities. The analysis stresses how golden passports rearrange common sensibilities about the principle of political equality through citizenship. The book is a rare ethnography of the transactional relations between Russian investors who wish to acquire the Cypriot passport and their Cypriot 'facilitators', the local professionals who ease the process. The book argues that golden passports are the continuation of offshoring by other means, as now not only capital but capitalists too, 'have no country'. -- .

This book examines the fundamental question of how legislators and other rule-makers should handle remembering and forgetting information (especially personally identifiable information) in the digital age. It encompasses such topics as privacy, data protection, individual and collective memory, and the right to be forgotten when considering data storage, processing and deletion. The authors argue in support of maintaining the new digital default, that (personally identifiable) information should be remembered rather than forgotten. The book offers guidelines for legislators as well as private and public organizations on how to make decisions on remembering and forgetting personally identifiable information in the digital age. It draws on three main perspectives: law, based on a comprehensive analysis of Swiss law that serves as an example; technology, specifically search engines, internet archives, social media and the mobile internet; and an interdisciplinary perspective with contributions from various disciplines such as philosophy, anthropology, sociology, psychology, and economics, amongst others.. Thanks to this multifaceted approach, readers will benefit from a holistic view of the informational phenomenon of "remembering and forgetting". This book will appeal to lawyers, philosophers, sociologists, historians, economists, anthropologists, and psychologists among many others. Such wide appeal is due to its rich and interdisciplinary approach to the challenges for individuals and society at large with regard to remembering and forgetting in the digital age.

We love freedom. We hate racism. But what do we do when these values collide? In this wide-ranging book, Erik Bleich explores policies that the United States, Britain, France, Germany, and other liberal democracies have implemented when forced to choose between preserving freedom and combating racism. Bleich's comparative historical approach reveals that while most countries have increased restrictions on racist speech, groups and actions since the end of World War II, this trend has resembled a slow creep more than a slippery slope. Each country has struggled to achieve a balance between protecting freedom and reducing racism, and the outcomes have been starkly different across time and place. Building on these observations, Bleich argues that we should pay close attention to the specific context and to the likely effects of any policy we implement, and that any response should be proportionate to the level of harm the racism inflicts. Ultimately, the best way for societies to preserve freedom while fighting racism is through processes of public deliberation that involve citizens in decisions that impact the core values of liberal democracies.

The volume is devoted to the relevant problems in the legal sphere, created and generated by recent advances in science and technology. In particular, it investigates a series of cutting-edge contemporary and controversial case-studies where scientific and technological issues intersect with individual legal rights. The book addresses challenging topics at the intersection of communication technologies and biotech innovations such as freedom of expression, right to health, knowledge production, Internet content regulation, accessibility and freedom of scientific research.

In this study we look at how free speech interests are balanced against the need to protect reputation in American and English defamation laws. We studied cases from both countries to see how this tension is resolved. We pay special attention to 'public interest' defence since the media often justifies its attack on reputation on 'public interest', even when it is substituting its own interest for this 'public interest'.