Danielle Keats Citron takes the conversation about technology and privacy out of the boardrooms and op-eds to reach readers where we are-in bathrooms and bedrooms, with our families and our lovers, in the parts of our lives we assume are untouchable-and shows us that privacy, as we think we know it, is largely already gone. From nonconsensual pornography to online extortion, to the sale of our data for profit, we are vulnerable to abuse. As Citron reveals, wherever we live, laws have failed miserably to keep up with corporate or individual violators, letting our privacy wash out with the technological tide. With vivid examples drawn from interviews with victims, activists and lawmakers from around the world, The Fight to Privacy argues urgently and forcefully for a reassessment of privacy as a human right. And, as a legal scholar and expert, Citron is the perfect person to show us the way to a happier, better protected future.

The central focus of this collection of essays is the role and place of freedom of religion in the protection and promotion of world order. The volume offers competing models of world order from a global perspective and highlights the lack of consensus and considerable variety of practice and belief around the globe as to the definition of religious freedom and where and whether freedom of religion is regarded as the first freedom in the world. The leading theories of freedom of religion are discussed and provide an understanding of freedom of religion beyond the nation state. The liberal view at the global level is also examined and observations are included regarding the need to rethink secularism in the light of present circumstances and within the global context.

Europeans have attempted for some time to develop a human rights talk and now European intellectuals are talking about the need to construct 'European narratives'. This book illustrates that these narratives will emphasize a political and cultural vision for a multi-ethnic and more cosmopolitan Europe. The narratives evolve around human rights, partly in the hope that they might function as a cultural glue in an increasingly multi-ethnic Europe, and partly because they are intimately connected with that part of enlightenment thinking that sought to promote democracy and the rule of law. Helle Porsdam discusses the development of human rights as a discourse of atonement for Europeans - a discourse which has the potential to become a shared, transatlantic discourse. Using an interdisciplinary approach, this book will be an invaluable research tool for postgraduate students and scholars within the fields of law, history, political science and international relations.

Policing and Human Rights analyses the implementation of human rights standards, tracing them from the nodal points of their production in Geneva, through the board rooms of national police management and training facilities, to the streets of downtown Johannesburg. This book deals with how the unprecedented influence of human rights, combined with the inability by police officers to 'live up' to international standards, has created a range of policing and human rights vernaculars - hybrid discourses that have appropriated, transmogrified and undercut human rights. Understood as an attempt by police officers, as much as by the police as a whole, to recover a position from which to act and to judge, these vernaculars reveal the compromised ways in which human rights are - and are not - implemented. Tracing how, in South Africa, human rights have given rise to new forms of popular justice, informal 'private' policing and provisional security arrangements, Policing and Human Rights delivers an important analysis of how the dissemination and implementation of human rights intersects with the post-colonial and post-transformation circumstances that characterise many countries in the South.

Together, the US Constitution and the Bill of Rights comprise the constitutional foundation of the United States. These-the oldest governing documents still in use in the world-urgently need an update, just as the constitutions of other countries have been updated and revised. Human Rights Of, By, and For the People brings together lawyers and sociologists to show how globalization and climate change offer an opportunity to revisit the founding documents. Each proposes specific changes that would more closely align US law with international law. The chapters also illustrate how constitutions are embedded in society and shaped by culture. The constitution itself sets up contentious relationships among the three branches of government and between the federal government and each state government, while the Bill of Rights and subsequent amendments begrudgingly recognize the civil and political rights of citizens. These rights are described by legal scholars as "negative rights," specifically as freedoms from infringements rather than as positive rights that affirm personhood and human dignity. The contributors to this volume offer "positive rights" instead. The Universal Declaration of Human Rights (UDHR), written in the middle of the last century, inspires these updates. Nearly every other constitution in the world has adopted language from the UDHR. The contributors use intersectionality, critical race theory, and contemporary critiques of runaway economic inequality to ground their interventions in sociological argument.

One of the hallmark features of the post-civil rights United States is the reign of colorblindness over national conversations about race and law. But how, precisely, should we understand this notion of colorblindness in the face of enduring racial hierarchy in American society? In Letters of the Law, Sora Y. Han argues that colorblindness is a foundational fantasy of law that not only informs individual and collective ideas of race, but also structures the imaginative capacities of American legal interpretation. Han develops a critique of colorblindness by deconstructing the law's central doctrines on due process, citizenship, equality, punishment and individual liberty, in order to expose how racial slavery and the ongoing struggle for abolition continue to haunt the law's reliance on the fantasy of colorblindness. Letters of the Law provides highly original readings of iconic Supreme Court cases on racial inequality-spanning Japanese internment to affirmative action, policing to prisoner rights, Jim Crow segregation to sexual freedom. Han's analysis provides readers with new perspectives on many urgent social issues of our time, including mass incarceration, educational segregation, state intrusions on privacy, and neoliberal investments in citizenship. But more importantly, Han compels readers to reconsider how the diverse legacies of civil rights reform archived in American law might be rewritten as a heterogeneous practice of black freedom struggle.

The right to dignity is now recognized in most of the world's constitutions, and hardly a new constitution is adopted without it. Over the last sixty years, courts in Latin America, Europe, Asia, Africa, the Middle East, and North America have developed a robust jurisprudence of dignity on subjects as diverse as health care, imprisonment, privacy, education, culture, the environment, sexuality, and death. As the range and growing number of cases about dignity attest, it is invoked and recognized by courts far more frequently than other constitutional guarantees. Dignity Rights is the first book to explore the constitutional law of dignity around the world. Erin Daly shows how dignity has come not only to define specific interests like the right to humane treatment or to earn a living wage, but also to protect the basic rights of a person to control his or her own life and to live in society with others. Daly argues that, through the right to dignity, courts are redefining what it means to be human in the modern world. As described by the courts, the scope of dignity rights marks the outer boundaries of state power, limiting state authority to meet the demands of human dignity. As a result, these cases force us to reexamine the relationship between the individual and the state and, in turn, contribute to a new and richer understanding of the role of the citizen in modern democracies.

Volume V of The Papers of Clarence Mitchell Jr. records the successful effort to pass the 1957 Civil Rights Act: the first federal civil rights legislation since 1875. Prior to the US Supreme Court's landmark 1954 decision in Brown v. Board of Education, the NAACP had faced an impenetrable wall of opposition from southerners in Congress. Basing their assertions on the court's 1896 "separate but equal" decision in Plessy v. Ferguson, legislators from the South maintained that their Jim Crow system was nondiscriminatory and thus constitutional. In their view, further civil rights laws were unnecessary. In ruling that legally mandated segregation of public schools was unconstitutional, the Brown decision demolished the southerners' argument. Mitchell then launched the decisive stage of the struggle to pass modern civil rights laws. The passage of the Civil Rights Act of 1957 was the first comprehensive lobbying campaign by an organization dedicated to that purpose since Reconstruction. Coming on the heels of the Brown decision, the 1957 law was a turning point in the struggle to accord Black citizens full equality under the Constitution. The act's passage, however, was nearly derailed in the Senate by southern opposition and Senator Strom Thurmond's record-setting filibuster, which lasted more than twenty-four hours. Congress later weakened several provisions of the act but--crucially--it broke a psychological barrier to the legislative enactment of such measures. The Papers of Clarence Mitchell Jr. is a detailed record of the NAACP leader's success in bringing the legislative branch together with the judicial and executive branches to provide civil rights protections during the twentieth century.

"There's no place for the state in the bedrooms of the nation," Pierre Elliott Trudeau told reporters. He was making the case for the most controversial of his proposed reforms to the Criminal Code, those concerning homosexuality, birth control, and abortion. In No Place for the State, contributors offer complex and often contrasting perspectives as they assess how the 1969 Omnibus Bill helped shape sexual and moral politics in Canada. Fifty years later, the origins and legacies of the bill are equivocal and the state still seems interested in sexual regulation. This incisive study explains why that matters.

When Gina was deported to Tijuana, Mexico, in 2011, she left behind her parents, siblings, and children, all of whom are U.S. citizens. Despite having once had a green card, Gina was removed from the only country she had ever known. In Deported Americans legal scholar and former public defender Beth C. Caldwell tells Gina's story alongside those of dozens of other Dreamers, who are among the hundreds of thousands who have been deported to Mexico in recent years. Many of them had lawful status, held green cards, or served in the U.S. military. Now, they have been banished, many with no hope of lawfully returning. Having interviewed over one hundred deportees and their families, Caldwell traces deportation's long-term consequences-such as depression, drug use, and homelessness-on both sides of the border. Showing how U.S. deportation law systematically fails to protect the rights of immigrants and their families, Caldwell challenges traditional notions of what it means to be an American and recommends legislative and judicial reforms to mitigate the injustices suffered by the millions of U.S. citizens affected by deportation.

A deeply researched legal drama that documents this landmark First Amendment ruling-one that is more critical and controversial than ever. Actual Malice tells the full story of New York Times v. Sullivan, the dramatic case that grew out of segregationists' attempts to quash reporting on the civil rights movement. In its landmark 1964 decision, the Supreme Court held that a public official must prove "actual malice" or reckless disregard of the truth to win a libel lawsuit, providing critical protections for free speech and freedom of the press. Drawing on previously unexplored sources, including the archives of the New York Times Company and civil rights leaders, Samantha Barbas tracks the saga behind one of the most important First Amendment rulings in history. She situates the case within the turbulent 1960s and the history of the press, alongside striking portraits of the lawyers, officials, judges, activists, editors, and journalists who brought and defended the case. As the Sullivan doctrine faces growing controversy, Actual Malice reminds us of the stakes of the case that shaped American reporting and public discourse as we know it.

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.

This indispensable, one-stop resource examines where Democrats and Republicans stand on current civil rights and civil liberties issues related to voting, free speech, abortion and reproductive rights, guns, and other hot button topics. Both the Democratic and Republican parties claim that they have the best interests of the nation and its people at heart, and they are equally adamant that they have the best policy solutions to address the nation's problems and challenges. Each volume in the Across the Aisle reference series examines the stated policy positions and actual voting/legislative records of the two parties (they are not always the same) on important areas of public policy, both historically and in the present day. This volume sorts through the rhetorical clutter and partisan distortions that typify so many disputes between Republicans and Democrats and provides an accurate, balanced, and even-handed overview of the parties' attitudes and records on vital civil rights and liberties questions.

Transforming Citizenships engages the performativity of citizenship as it relates to transgender individuals and advocacy groups. Instead of reading the law as a set of self-executing discourses, Isaac West takes up transgender rights claims as performative productions of complex legal subjectivities capable of queering accepted understandings of genders, sexualities, and the normative forces of the law. Drawing on an expansive archive, from the correspondence of a transwoman arrested for using a public bathroom in Los Angeles in 1954 to contemporary lobbying efforts of national transgender advocacy organizations, West advances a rethinking of law as capacious rhetorics of citizenship, justice, equality, and freedom. When approached from this perspective, citizenship can be recuperated from its status as the bad object of queer politics to better understand how legal discourses open up sites for identification across identity categories and enable political activities that escape the analytics of heteronormativity and homonationalism. Isaac West is Assistant Professor in the Departments of Communication Studies and Gender, Women's, and Sexuality Studies at the University of Iowa.

The federal Freedom of Information Act (FOIA), which recently turned 50, has been hailed as the primary means by which US citizens can know about how their governors operate in a democratic republic. Recently, however, it has been criticized as ineffective because it is cumbersome and full of loopholes. This book examines the role and effectiveness of the FOIA, comparing the FOIA world with the pre-FOIA world, rating its effectiveness compared to other access laws internationally, examining ways in which it can be improved, and questioning whether it should be dismantled and replaced. This book was originally published as a special issue of Communication Law and Policy.

The book explores the current role of nationality from the point of view of international law, reassessing the validity of the 'classical', state-centered, approach to nationality in light of the 'new' role the human being is gradually acquiring within the international legal order. In this framework, the collection assesses the impact of international human rights rules on the international discourse on nationality and explores the significance international (including private international) law attaches to the links individuals may establish with states other than that of nationality. The book weighs the significance of the bond of nationality in the context of regional integration systems, and explores the fields of international law in which nationality still plays a pivotal role, such as diplomatic protection and dispute settlement in international investment law. The collection includes contributions from legal scholars of different nationalities and academic backgrounds, and offers an excellent resource for academics, practitioners and students undertaking advanced studies in international law.

Freedom of Information: A Practical Guide for UK Journalists is written to inform, instruct and inspire journalists on the investigative possibilities offered by the Freedom of Information Act. Covering exactly what the Act is, how to make FOI requests and how to use the Act to hold officials to account, Matt Burgess utilises expert opinions, relevant examples and best practice from journalists and investigators working with the Freedom of Information Act at all levels. The book is brimming with illuminating and relevant examples of the Freedom of Information Act being used by journalists, alongside a range of helpful features, including: * end-of-chapter lists of tips and learning points; * sections addressing the different areas of FOI requests; * text boxes on key thoughts and cases; * interviews with leading contemporary journalists and figures working with FOI requests. Supported by the online FOI Directory (www.foidirectory.co.uk), Freedom of Information: A Practical Guide for UK Journalists is a must read for all those training or working as journalists on this essential tool for investigating, researching and reporting.

The highly anticipated U.S. Supreme Court decision in Fisher v. University of Texas placed a greater onus on higher education institutions to provide evidence supporting the need for affirmative action policies on their respective campuses. It is now more critical than ever that institutional leaders and scholars understand the evidence in support of race consideration in admissions as well as the challenges of the post-Fisher landscape. This important volume shares information documented for the Fisher case and provides empirical evidence to help inform scholarly conversation and institutions' decisions regarding race-conscious practices in higher education. With contributions from scholars and experts involved in the Fisher case, this edited volume documents and shares lessons learned from the collaborative efforts of the social science, educational, and legal communities. Affirmative Action and Racial Equity is a critical resource for higher education scholars and administrators to understand the nuances of the affirmative action legal debate and to identify the challenges and potential strategies toward racial equity and inclusion moving forward.

The field of human rights and the environment has grown phenomenally during the last few years and this textbook will be one of the first to encourage students to think critically about how many environmental issues lead to a violation of existing rights. Taking a socio-legal approach, this book will provide a good understanding of both human rights and environmental issues, as well as the limitations of each regime, and will explore the ways in which human rights law and institutions can be used to obtain relief for the victims of environmental degradation or of adverse effects of environmental policies. In addition, it will place an emphasis on climate change and climate policies to highlight the pros and cons of using a human rights framework and to underscore its importance in the context of climate change. As well as identifying emerging issues and areas for further research, each chapter will be rich in pedagogical features, including web links to further research and discussion questions for beyond the classroom. Combining their specialisms in law and politics, Atapattu and Schapper have developed a truly inter-disciplinary resource that will be essential for students of human rights, environmental studies, international law, international relations, politics, and philosophy.

This examination of Palestinian experiences of life and death within the context of Israeli settler colonialism broadens the analytical horizon to include those who 'keep on existing' and explores how Israeli theologies and ideologies of security, surveillance and fear can obscure violence and power dynamics while perpetuating existing power structures. Drawing from everyday aspects of Palestinian victimization, survival, life and death, and moving between the local and the global, Nadera Shalhoub-Kevorkian introduces and defines her notion of 'Israeli security theology' and the politics of fear within Palestine/Israel. She relies on a feminist analysis, invoking the intimate politics of the everyday and centering the Palestinian body, family life, memory and memorialization, birth and death as critical sites from which to examine the settler colonial state's machineries of surveillance which produce and maintain a political economy of fear that justifies colonial violence.

In an age of smartphones, Facebook and YouTube, privacy may seem to be a norm of the past. This book addresses ethical and legal questions that arise when media technologies are used to give individuals unwanted attention. Drawing from a broad range of cases within the US, UK, Australia, Europe, and elsewhere, Mark Tunick asks whether privacy interests can ever be weightier than society's interest in free speech and access to information. Taking a comparative and interdisciplinary approach, and drawing on the work of political theorist Jeremy Waldron concerning toleration, the book argues that we can still have a legitimate interest in controlling the extent to which information about us is disseminated. The book begins by exploring why privacy and free speech are valuable, before developing a framework for weighing these conflicting values. By taking up key cases in the US and Europe, and the debate about a 'right to be forgotten', Tunick discusses the potential costs of limiting free speech, and points to legal remedies and other ways to develop new social attitudes to privacy in an age of instant information sharing. This book will be of great interest to students of privacy law, legal ethics, internet governance and media law in general.

BOOKS TO LOOK OUT FOR IN 2022, NEW STATESMAN & CITY AM Chosen as one of the Financial Time's Best Summer Books of 2022 Longlisted for the Moore Prize for Human Rights Writing 'Compelling, powerful and necessary.' Shoshana Zuboff, author of The Age of Surveillance Capitalism 'Fascinating' Guardian Without a moment's pause, we share our most intimate thoughts with trillion-dollar tech companies. Their algorithms categorize us and jump to troubling conclusions about who we are. They also shape our everyday thoughts, choices and actions - from who we date to whether we vote. But this is just the latest front in an age-old struggle. Part history and part manifesto, Freedom to Think explores how the powerful have always sought to influence how we think and what we buy. Connecting the dots from Galileo to Alexa, human rights lawyer Susie Alegre charts the history and fragility of our most important human right: freedom of thought. Filled with shocking case-studies across politics, criminal justice, and everyday life, this ground-breaking book shows how our mental freedom is under threat like never before. Bold and radical, Alegre argues that only by recasting our human rights for the digital age can we safeguard our future.

Since 9/11, we have lived in an age of counterterrorism in which the spectre of terrorism justifies increasingly repressive and violent measures. Against this backdrop, legal scholars and human rights advocates have encouraged integration of human rights into the discourse of counterterrorism as the best way to counter such repression and violence. This book challenges that received wisdom by showing the ambiguous effects of such converged discourse on developing countries. It highlights the effect of terrorism discourse on human rights in two developing countries, viz., the Philippines and Indonesia, the efforts of local advocates in resisting abuses in the name of counterterrorism, and the persistence of violations despite legal and policy reforms in those countries. Applying a novel analytic framework drawn from critical terrorism studies and critical international law, the book provokes new thinking on the future of human rights advocacy in the age of counterterrorism.

Understanding and managing inter-religious relations, particularly between Muslims and Christians, presents a challenge for states around the world. This book investigates legal disputes between religious communities in the world's largest majority-Muslim, democratic country, Indonesia. It considers how the interaction between state and religion has influenced relations between religious communities in the transition to democracy. The book presents original case studies based on empirical field research of court disputes in West Java, a majority-Muslim province with a history of radical Islam. These include criminal court cases, as well as cases of judicial review, relating to disputes concerning religious education, permits for religious buildings and the crime of blasphemy. The book argues that the democratic law reform process has been influenced by radical Islamists because of the politicization of religion under democracy and the persistence of fears of Christianization. It finds that disputes have been localized through the decentralization of power and exacerbated by the central government's ambivalent attitude towards radical Islamists who disregard the rule of law. Examining the challenge facing governments to accommodate minorities and manage religious pluralism, the book furthers understanding of state-religion relations in the Muslim world. This accessible and engaging book is of interest to students and scholars of law and society in Southeast Asia, was well as Islam and the state, and the legal regulation of religious diversity.