In this study of the mechanisms of transitional justice in Poland, Frances Millard asks: How does society come to terms with its past? How should it punish the perpetrators of oppression and acknowledge its victims? In the former communist countries of Central and Eastern Europe the task of answering these questions came down to the need to eliminate the communist parties' hold over the state, the economy and society in order to move towards democracy. Millard argues that the key step in achieving this was uncovering the truth about the previous regime's past, prosecuting the perpetrators of past crimes and providing compensation and restitution for its victims. Through the specific case of Poland, Millard provides a comprehensive assessment of the mechanisms and institutions used to achieve this, such as lustration, law enforcement through a Constitutional Tribunal and institutions dedicated to dealing with the past such as the Institute of National Remembrance. Crucially, these processes have assumed new significance in recent years after the Law and Justice Party came to power in 2015, using transitional justice as a tool of political control which has enabled the restructuring of Polish democracy.

"How civil liberties triumphed over national insecurity"

Between the two major red scares of the twentieth century, a police raid on a Communist Party bookstore in Oklahoma City marked an important lesson in the history of American freedom.

In a raid on the Progressive Bookstore in 1940, local officials seized thousands of books and pamphlets and arrested twenty customers and proprietors. All were detained incommunicado and many were held for months on unreasonably high bail. Four were tried for violating Oklahoma's "criminal syndicalism" law, and their convictions and ten-year sentences caused a nationwide furor. After protests from labor unions, churches, publishers, academics, librarians, the American Civil Liberties Union, members of the literary world, and prominent individuals ranging from Woody Guthrie to Eleanor Roosevelt, the convictions were overturned on appeal.

Shirley A. Wiegand and Wayne A. Wiegand share the compelling story of this important case for the first time. They reveal how state power--with support from local media and businesses--was used to trample individuals' civil rights during an era in which citizens were gripped by fear of foreign subversion.

Richly detailed and colorfully told, "Books on Trial "is a sobering story of innocent people swept up in the hysteria of their times. It marks a fascinating and unnerving chapter in the history of Oklahoma and of the First Amendment. In today's climate of shadowy foreign threats--also full of unease about the way government curtails freedom in the name of protecting its citizens--the past speaks to the present.

Felix Cohen (1907-1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His ""Basic Memorandum on Drafting of Tribal Constitutions,"" submitted in November 1934, provided practical guidelines for that effort.Largely forgotten until Cohen's papers were released more than half a century later, the memorandum now receives the attention it has long deserved. David E. Wilkins presents the entire work, edited and introduced with an essay that describes its origins and places it in historical context. Cohen recommended that each tribe consider preserving ancient traditions that offered wisdom to those drafting constitutions. Strongly opposed to ""sending out canned constitutions from Washington,"" he offered ideas for incorporating Indigenous political, social, and cultural knowledge and structure into new tribal constitutions. On the Drafting of Tribal Constitutions shows that concepts of Indigenous autonomy and self-governance have been vital to Native nations throughout history. As today's tribal governments undertake reform, Cohen's memorandum again offers a wealth of insight on how best to amend previous constitutions. It also helps scholars better understand the historic policy shift brought about by the Indian Reorganization Act.

Social networks have created a plethora of problems regarding privacy and the protection of personal data. The use of social networks has become a key concern of legal scholars, policy-makers and the operators as well as users of those social networks. This pathbreaking book highlights the importance of privacy in the context of today's new electronic communication technologies as it presents conflicting claims to protect national and international security, the freedom of the Internet and economic considerations. Using the New Haven School of Jurisprudence's intellectual framework, the author presents the applicable law on privacy and social media in international and comparative perspective, focusing on the United States, the European Union and its General Data Protection Regulation of 2018 as well as Germany, the United Kingdom and Latin America. The book appraises the law in place, discusses alternatives and presents recommendations in pursuit of a public order of human dignity.

Cornerstone on Information Law is a one-volume practical guide focused on data protection law, freedom of information and the environmental information regulations. Covering the GDPR and the Data Protection Act 2018, the title is up to date with adaptations to UK data protection law in the event of Brexit; while also explaining the law before Brexit, or if it does not occur. It is an essential reference work for Data Protection Officers/FOI Information Officers and busy in-house lawyers in local authorities and the public sector generally; and, those in large and small businesses with data protection responsibilities. It covers the essential areas for practitioners in this fast-changing framework. The guide has been organised for easy navigation and browsing, with many real world examples and worked scenarios. It aims to form a bridge between the introductory and the detailed levels, avoiding an overly-detailed legal approach, while equipping readers with the knowledge they need to deal with both specific problems and day-to-day issues. Key topics covered include: General Data Protection Regulation (GDPR) Data Protection Act 2018 (including exemptions from the GDPR) A summary of the regime for law enforcement data processing UK changes to data protection law in the event of Brexit Freedom of Information Act 2000 Environmental Information Regulations 2004 Damien Welfare is a member of Cornerstone Barristers specialising in information law. He is also a contributor to Cornerstone on Councillors' Conduct, and a Member of the Examination Board for the Practitioner Certificate in Data Protection (www.dataprotectionqualification.com). This book forms part of the successful 'Cornerstone on...' series of authoritative titles published by Bloomsbury Professional. Public Law barristers at Cornerstone Barristers are recognised experts in Information Law (Data Protection, Freedom of Information, and the Environmental Information Regulations) and hold seminars and training on these topics.

A unique investigation into how alliances form in highly polarized times among LGBTQ, immigrant, and labor rights activists, revealing the impacts within each rights movement. Queer Alliances investigates coalition formation among LGBTQ, immigrant, and labor rights activists in the United States, revealing how these new alliances impact political movement formation. In the early 2000s, the LGBTQ and immigrant rights movements operated separately from and, sometimes, in a hostile manner towards each other. Since 2008, by contrast, major alliances have formed at the national and state level across these communities. Yet, this new coalition formation came at a cost. Today, coalitions across these communities have been largely reluctant to address issues of police brutality, mass incarceration, economic inequality, and the ruthless immigrant regulatory complex. Queer Alliances examines the extent to which grassroots groups bridged historic divisions based on race, gender, class, and immigration status through the development of coalitions, looking specifically at coalition building around expanding LGBTQ rights in Washington State and immigrant and migrant rights in Arizona. Erin Mayo-Adam traces the evolution of political movement formation in each state, and shows that while the movements expanded, they simultaneously ossified around goals that matter to the most advantaged segments of their respective communities. Through a detailed, multi-method study that involves archival research and in-depth interviews with organization leaders and advocates, Queer Alliances centers local, coalition-based mobilization across and within multiple movements rather than national campaigns and court cases that often occur at the end of movement formation. Mayo-Adam argues that the construction of common political movement narratives and a shared core of opponents can help to explain the paradoxical effects of coalition formation. On the one hand, the development of shared political movement narratives and common opponents can expand movements in some contexts. On the other hand, the episodic nature of rights-based campaigns can simultaneously contain and undermine movement expansion, reinforcing movement divisions. Mayo-Adam reveals the extent to which inter- and intra-movement coalitions, formed to win rights or thwart rights losses, represent and serve intersectionally marginalized communities-who are often absent from contemporary accounts of social movement formation.

Sanctuary cities and urban struggles makes the first sustained intervention into exploring how cities are challenging the primacy of the nation-state as the key guarantor of rights and entitlements. It brings together cutting-edge scholars of political geography, urban geography, citizenship studies, socio-legal studies and refugee studies to explore how urban social movements, localised practices of belonging and rights claiming, and diverse articulations of sanctuary are reshaping the governance of migration. By offering a collection of empirical cases and conceptualisations that move beyond 'seeing like a state', Sanctuary cities and urban struggles proposes not a singular alternative but rather a set of interlocking sites and scales of political imagination and practice. In an era when migrant rights are under attack and nationalism is on the rise, the topic of how citizenship, rights and mobility can be recast at the urban scale is more relevant than ever. -- .

Regime Consolidation and Transitional Justice explores the effect of transitional justice measures on 'regime consolidation', or the means by which a new political system is established in a post-transition context. Focusing on the long-term impact of transitional justice mechanisms in three countries over several decades, the gradual process by which these political systems have been legitimatised is revealed. Through case studies of East and West Germany after World War II, Spain after the end of the Franco dictatorship in 1975 and Turkey's long journey to achieving democratic reform, Regime Consolidation and Transitional Justice shows how transitional justice and regime consolidation are intertwined. The interdisciplinary study, which will be of interest to scholars of criminal law, human rights law, political science, democracy, autocracies and transformation theories, demonstrates, importantly, that the political systems in question are not always 'more' democratic than their predecessors and do not always enhance democracy post-regime consolidation.

The rights revolution in the United States consisted of both sweeping changes in constitutional doctrines and landmark legislative reform, followed by decades of innovative implementation in every branch of the federal government - Congress, agencies, and the courts. In recent years, a growing number of political scientists have sought to integrate studies of the rights revolution into accounts of the contemporary American state. In The Rights Revolution Revisited, a distinguished group of political scientists and legal scholars explore the institutional dynamics, scope, and durability of the rights revolution. By offering an inter-branch analysis of the development of civil rights laws and policies that features the role of private enforcement, this volume enriches our understanding of the rise of the 'civil rights state' and its fate in the current era.

This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.

Many people believe passionately in human rights. Others - Bentham, Marx, cultural relativists and some feminists amongst them - dismiss the concept of human rights as practically and conceptually inadequate. This book reviews these classical critiques and shows how their insights are reflected in the case law of the European Court of Human Rights. At one level an original, accessible and insightful legal commentary on the European Convention, this book is also a groundbreaking work of theory which challenges human rights orthodoxy. Its novel identification of four human rights schools proposes that we alternatively conceive of these rights as given (natural school), agreed upon (deliberative school), fought for (protest school) and talked about (discourse school). Which of these concepts we adopt is determined by particular ways in which we believe, or do not believe, in human rights.

How and why has solidarity changed over time? Why have particular strategies, tactics, and strands of internationalism emerged or re-emerged at particular moments? And how has solidarity shaped the history of the US left in particular? In Solidarity, Steve Striffler addresses these key questions, offering the first history of US-Latin American solidarity from the Haitian Revolution to the present day. Striffler traces the history of internationalism through the Cold War, exploring the rise of human rights as the dominant current of international solidarity. He also considers the limitations of a solidarity movement today that inherited its organisational infrastructure from the human rights movements. Moving beyond conventionally ahistorical analyses of solidarity, here Striffler provides a distinctive intervention in the history of progressive politics in both the US and Latin America, the past and present of US imperialism and anti-imperialism, and the history of human rights and labour internationalism.

Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples. This book is a product of the International Social and Economic Rights Project (iSERP), a global consortium of judges, lawyers, human rights advocates, and legal academics who critically examine the effectiveness of SER law in promoting real change in people's lives. The book addresses a range of practical, political, and legal questions under these headings, with acute sensitivity to the racial, cultural, and gender implications of SER and the path-breaking SER jurisprudence now emerging in the "Global South". The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives. Contributors of the book consider specific issues in the litigation and adjudication of SER cases from the differing standpoints of activists, lawyers, and adjudicators in order to identify and address the specific challenges facing the SER community. This book will be of great use and interest to students and scholars of comparative constitutional law, human rights, public international law, development studies, and democratic political theory.

For all the diversity of views within the animal protection movement, there is a surprising consensus about the need for more severe criminal justice interventions against animal abusers. More prosecutions and longer sentences, it is argued, will advance the status of animals in law and society. Breaking from this mold, Professor Justin Marceau demonstrates that a focus on 'carceral animal law' puts the animal rights movement at odds with other social justice movements, and may be bad for humans and animals alike. Animal protection efforts need to move beyond cages and towards systemic solutions if the movement hopes to be true to its own defining ethos of increased empathy and resistance to social oppression. Providing new insights into how the lessons of criminal justice reform should be imported into the animal abuse context, Beyond Cages is a valuable contribution to the literature on animal welfare and animal rights law.

This volume critically evaluates the latest legal reform of China, covering major areas such as trade and securities law, online privacy law, criminal law, human rights and international law. It represents a bold departure from the most recent works on Chinese legal reform by engaging the ideas of experts in contemporary Chinese law with the archival scholarship of Chinese legal historians. This unique interdisciplinary feature affords readers a more nuanced view of the complexities and specificities of how China has problematised legal reforms in various historical contexts when building a progressive yet sustainable legal system. This volume appraises the most current reform in Chinese law by considering China's engagement with globalisation, increasingly complicated domestic situation and historical legal transplantation experiences. It will be of huge interest to students, researchers and practitioners interested in Chinese law and policy, China and Asian studies and Chinese legal history.

The development of human rights norms is one of the most significant achievements in international relations and law since 1945, but the continuing influence of human rights is increasingly being questioned by authoritarian governments, nationalists, and pundits. Unfortunately, the proliferation of new rights, linking rights to other issues such as international crimes or the activities of business, and attempting to address every social problem from a human rights perspective risk undermining their credibility. Rescuing Human Rights calls for understanding 'human rights' as international human rights law and maintaining the distinctions between binding legal obligations on governments and broader issues of ethics, politics, and social change. Resolving complex social problems requires more than simplistic appeals to rights, and adopting a 'radically moderate' approach that recognizes both the potential and the limits of international human rights law, offers the best hope of preserving the principle that we all have rights, simply because we are human.

There are few figures and leaders of recent American history of greater social and political consequence than Jesse Jackson, and few more relevant for America's current political climate. In the 1960s, Jackson served as a close aide to Dr. Martin Luther King, meeting him on the notorious march to legitimate the American democratic system in Selma. He was there on the day of King's assassination, and continued his political legacy, inspiring a generation of black and Latino politicians and activists, founding the Rainbow/PUSH Coalition, and helping to make the Democratic Party more multicultural and progressive with his historic runs for the presidency in the 1980s. In I Am Somebody, David Masciotra argues that Jackson's legacy must be rehabilitated in the history of American politics. Masciotra has had personal access to Jackson for several years, conducting over 100 interviews with the man himself, as well as interviews with a wide variety of elected officials and activists who Jackson has inspired and influenced. It also takes readers inside Jackson's negotiations for the release of hostages and political prisoners in Cuba, Iraq, and several other countries. As Democratic politics sees a return to radicalism and the rise of a new generation of committed advocates of racial and economic justice, I Am Somebody: Why Jesse Jackson Matters is a critical book for understanding where America in the 21st Century has come from and where it is going. Featuring a foreword by Michael Eric Dyson.

Winner, 2016 Distinguished Contribution to Research Book Award, given by the American Sociological Association Latino/a Section The intimate stories of 147 deportees that exposes the racialized and gendered dimensions of mass deportations in the U.S. The United States currently is deporting more people than ever before: 4 million people have been deported since 1997 -twice as many as all people deported prior to 1996. There is a disturbing pattern in the population deported: 97% of deportees are sent to Latin America or the Caribbean, and 88% are men, many of whom were originally detained through the U.S. criminal justice system. Weaving together hard-hitting critique and moving first-person testimonials, Deported tells the intimate stories of people caught in an immigration law enforcement dragnet that serves the aims of global capitalism. Tanya Golash-Boza uses the stories of 147 of these deportees to explore the racialized and gendered dimensions of mass deportation in the United States, showing how this crisis is embedded in economic restructuring, neoliberal reforms, and the disproportionate criminalization of black and Latino men. In the United States, outsourcing creates service sector jobs and more of a need for the unskilled jobs that attract immigrants looking for new opportunities, but it also leads to deindustrialization, decline in urban communities, and, consequently, heavy policing. Many immigrants are exposed to the same racial profiling and policing as native-born blacks and Latinos. Unlike the native-born, though, when immigrants enter the criminal justice system, deportation is often their only way out. Ultimately, Golash-Boza argues that deportation has become a state strategy of social control, both in the United States and in the many countries that receive deportees.

Conservative opponents of LGBT equality in the United States often couch their opposition in claims of free speech, free association, and religious liberty. It is no surprise, then, that many LGBT supporters equate First Amendment arguments with resistance to their cause. The First Amendment and LGBT Equality tells another story, about the First Amendment's crucial yet largely forgotten role in the first few decades of the gay rights movement. Between the 1950s and 1980s, when many courts were still openly hostile to sexual minorities, they nonetheless recognized the freedom of gay and lesbian people to express themselves and associate with one another. Successful First Amendment cases protected LGBT publications and organizations, protests and parades, and individuals' right to come out. The amendment was wielded by the other side only after it had laid the groundwork for major LGBT equality victories. Carlos A. Ball illuminates the full trajectory of this legal and cultural history. He argues that, in accommodating those who dissent from LGBT equality on grounds of conscience, it is neither necessary nor appropriate to depart from the established ways in which American antidiscrimination law has, for decades, accommodated equality dissenters. But he also argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents today, they should take care not to erode the very safeguards of liberty that allowed LGBT rights to exist in the first place.

This book considers the constitutional position of the judiciary and its role in shaping the individual's relations with the state.

Readers will gain the following:

A comprehensive analysis of the history of civil liberties and human rights in the UK, and the judiciary's role in upholding them

An understanding of the Human Rights Act of 1998 and its potential impact on the judiciary's relations with the parliament and the executive

An appreciation of the importance of political accountability and open government in the protection of liberty, together with recent legislative reforms in these areas

An awareness of why important critics believe fundamental freedoms are at risk in the UK in the post 9/11 and 7/7 atmosphere

A chance to draw comparisons between Britain, the USA and European countries in their attempts to create legal frameworks to protect civil liberties and human rights

This textbook provides an important, accessible introduction to an area of current widespread concern.

Key Features

* Offers a comprehensive introduction to three key issues: human rights legislation, the role of senior judges, and the protection of civil liberties

* Guides the reader through complex current debates on public order, covert and mass surveillance, and prevention of terrorism

* Provides updated descriptions of key statutes including the Prevention of Terrorism Act 2005

* Assesses contemporary developments in American law and order policy including the USA/ Patriot Act

* Summarizes the arguments of civil liberties lobbies and successive governments

* Includes proposed changes in the law in the aftermath of the July 2005 London bombings

Winner, 2020 Best Book Award, Law Category, given by the American Book Fest Examines immigration enforcement and discretion during the first eighteen months of the Trump administration Within days of taking office, President Donald J. Trump published or announced changes to immigration law and policy. These changes have profoundly shaken the lives and well-being of immigrants and their families, many of whom have been here for decades, and affected the work of the attorneys and advocates who represent or are themselves part of the immigrant community. Banned examines the tool of discretion, or the choice a government has to protect, detain, or deport immigrants, and describes how the Trump administration has wielded this tool in creating and executing its immigration policy. Banned combines personal interviews, immigration law, policy analysis, and case studies to answer the following questions: (1) what does immigration enforcement and discretion look like in the time of Trump? (2) who is affected by changes to immigration enforcement and discretion?; (3) how have individuals and families affected by immigration enforcement under President Trump changed their own perceptions about the future?; and (4) how do those informed about immigration enforcement and discretion describe the current state of affairs and perceive the future? Shoba Sivaprasad Wadhia pairs the contents of these interviews with a robust analysis of immigration enforcement and discretion during the first eighteen months of the Trump administration and offers recommendations for moving forward. The story of immigration and the role immigrants play in the United States is significant. The government has the tools to treat those seeking admission, refuge, or opportunity in the United States humanely. Banned offers a passionate reminder of the responsibility we all have to protect America's identity as a nation of immigrants.

Command responsibility, or executive accountability, assumes that leaders are responsible for the actions of their subordinates. If subordinates misbehave, violate basic moral laws, transgress international law, or thwart international standards of behavior, their leader may be called before to justice. Standards that set the boundaries of human action have been evolving for many millennia, with some degree of precision arriving after the post-World War II international war crimes prosecutions. The United Nations and other organizations have helped codify the international law under which commanders may be held responsible. This book explores the factor that have moved civilization closer to a standard approach to rule of law and the accountability of leaders for the actions of those they command.

This volume critically evaluates the latest legal reform of China, covering major areas such as trade and securities law, online privacy law, criminal law, human rights and international law. It represents a bold departure from the most recent works on Chinese legal reform by engaging the ideas of experts in contemporary Chinese law with the archival scholarship of Chinese legal historians. This unique interdisciplinary feature affords readers a more nuanced view of the complexities and specificities of how China has problematised legal reforms in various historical contexts when building a progressive yet sustainable legal system. This volume appraises the most current reform in Chinese law by considering China's engagement with globalisation, increasingly complicated domestic situation and historical legal transplantation experiences. It will be of huge interest to students, researchers and practitioners interested in Chinese law and policy, China and Asian studies and Chinese legal history.