This book does not start from the premise that separate is inherently unequal. Writing from an "anti-subordination perspective," Professor Colker provides a framework for the courts and society to consider what programs or policies are most likely to lead to substantive equality for individuals with disabilities. In some contexts, she argues for more tolerance of disability-specific programs and, in other contexts, she argues for more disability-integrated programs. Her highly practical investigation includes the topics of K-12 education, higher education, employment, voting, and provision of health care. At the end of the book, she applies this perspective to the racial arena, arguing that school districts should be given latitude to implement more use of racial criteria to attain integrated schools because such environments are most likely to help attain substantive equality from an anti-subordination perspective. The book measures the attainment of equality not on the basis of worn-out mantras but instead on the basis of substantive gains.

What is the legacy of Brown vs. Board of Education? While it is well known for establishing racial equality as a central commitment of American schools, the case also inspired social movements for equality in education across all lines of difference, including language, gender, disability, immigration status, socio-economic status, religion, and sexual orientation. Yet more than a half century after Brown, American schools are more racially separated than before, and educators, parents and policy makers still debate whether the ruling requires all-inclusive classrooms in terms of race, gender, disability, and other differences. In Brown's Wake examines the reverberations of Brown in American schools, including efforts to promote equal opportunities for all kinds of students. School choice, once a strategy for avoiding Brown, has emerged as a tool to promote integration and opportunities, even as charter schools and private school voucher programs enable new forms of self-separation by language, gender, disability, and ethnicity. Martha Minow, Dean of Harvard Law School, argues that the criteria placed on such initiatives carry serious consequences for both the character of American education and civil society itself. Although the original promise of Brown remains more symbolic than effective, Minow demonstrates the power of its vision in the struggles for equal education regardless of students' social identity, not only in the United States but also in many countries around the world. Further, she urges renewed commitment to the project of social integration even while acknowledging the complex obstacles that must be overcome. An elegant and concise overview of Brown and its aftermath, In Brown's Wake explores the broad-ranging and often surprising impact of one of the century's most important Supreme Court decisions.

In this important book, Michael J. Perry examines three of the most disputed constitutional issues of our time: capital punishment, state laws banning abortion, and state policies denying the benefit of law to same-sex unions. The author, a leading constitutional scholar, explains that if a majority of the justices of the Supreme Court believes that a law violates the Constitution, it does not necessarily follow that the Court should rule that the law is unconstitutional. In cases in which it is argued that a law violates the Constitution, the Supreme Court must decide which of two importantly different questions it should address: is the challenged law unconstitutional? Is the lawmakers' judgment that the challenged law is constitutional a reasonable judgment? Perry not only illuminates moral controversies that implicate one or more constitutionally entrenched human rights, but also the fundamental question of the Supreme Court's proper role in adjudicating such controversies.

Even in an age characterized by increasing virtual presence and communication, speakers still need physical places in which to exercise First Amendment liberties. This book examines the critical intersection of public speech and spatiality. Through a tour of various places on what the author calls the "expressive topography," the book considers a variety of public speech activities including sidewalk counseling at abortion clinics, residential picketing, protesting near funerals, assembling and speaking on college campuses, and participating in public rallies and demonstrations at political conventions and other critical democratic events. This examination of public liberties, or speech out of doors, shows that place can be as important to one's expressive experience as voice, sight, and auditory function. Speakers derive a host of benefits, such as proximity, immediacy, symbolic function, and solidarity, from message placement. Unfortunately, for several decades the ground beneath speakers' feet has been steadily eroding. The causes of this erosion are varied and complex; they include privatization and other loss of public space, legal restrictions on public assembly and expression, methods of policing public speech activity, and general public apathy. To counter these forces and reverse at least some of their effects will require a focused and sustained effort - by public officials, courts, and of course, the people themselves.

Das Buch setzt sich mit der Rechtsfigur des Anwartschaftsrechts aus Eigentumsvorbehaltskauf auseinander. Dabei werden Grundprinzipien zivilrechtlicher Vermoegenszuordnung aufgezeigt, sowie die Dogmatik der dieser Zuordnung zugrunde liegenden Verfugungen - insbesondere bei zueinander im Widerspruch stehenden Verfugungen - dargestellt. So wird belegt, dass die Behandlung dieser Rechtsfigur in ganz unterschiedlichen Fallkonstellationen immer wieder gegen die dargestellten Prinzipien verstoesst, und deren Konstruktion letztlich mit der Dogmatik des geltenden Vermoegensrechts nicht in Einklang zu bringen ist.

In the last decade a new tool has been developed in the global war against official corruption through the introduction of the offense of "illicit enrichment" in almost every multilateral anti-corruption convention. Illicit enrichment is defined in these conventions to include a reverse burden clause which triggers an automatic presumption that any public official found in "possession of inexplicable wealth" must have acquired it illicitly. However, the reversal of the burden of proof clauses raises an important human rights issue because they conflict with the accused individual's right to be presumed innocent. Unfortunately, the recent spate of international legislation against official corruption provides no clear guidelines on how to proceed in balancing the right of the accused to be presumed innocent against the competing right of society to trace and recapture illicitly acquired national wealth. Combating Economic Crimes therefore sets out to address what has been left unanswered by these multilateral conventions, to wit, the level of burden of proof that should be placed on a public official who is accused of illicitly enriching himself from the resources of the State, balanced against the protection of legitimate community interests and expectations for a corruption-free society. The book explores the doctrinal foundations of the right to a presumption of innocence and reviews the basic due process protections afforded to all accused persons in criminal trials by treaty, customary international law, and municipal law. The book then goes on to propose a framework for balancing and 'situationalizing' competing human rights and public interests in situations involving possible official corruption.

The European Convention on Human Rights can now be invoked by 800 million people across 47 member States. It is the most developed and successful system of international legal protection for fundamental human rights in existence. The first two editions of this widely used and highly praised work were designed to address the challenge faced by undergraduate and postgraduate students in comprehending the extensive, complex and lengthy jurisprudence emanating from Strasbourg. This updated edition continues that mission. It provides a selection of the leading jurisprudence, together with commentary, enabling readers to gain a critical and contemporary understanding of the major rights and freedoms guaranteed by the ECHR. Separate chapters are devoted to each of the fundamental rights, providing an in-depth analysis of the rights and freedoms and their limitations. An examination of the background to the creation of the Convention, and the constantly developing system of adjudication and remedies at the European level are also included. Cases, Materials, and Commentary on the European Convention on Human Rights is essential reading for all those wishing to gain a full understanding of this vital and ever-developing area of law.

Banning them, securing us? explores the proscribing - or banning - of terrorist organisations within the United Kingdom across a period of twenty years. The process of banning specific organisations, Jarvis and Legrand argue, is as much a ritualistic performance of liberal democracy as it is a technique for increasing national security from the threat posed by terrorism. Characterised by a repetitive script, an established cast of characters and a predictable outcome, this ritual provides an important contribution to the construction of Britain as a liberal, democratic, moderate space. It does so, paradoxically, through extending the reach of a power that has limited political or judicial oversight and considerable implications for rights, freedoms and political participation. Offering a discursive analysis of all British Parliamentary debates on the banning of terrorist organisations since the introduction of Britain's current proscription regime in 2000, this book provides the first sustained treatment of this counter-terrorism power in the United Kingdom and beyond. -- .

When the United States entered World War II, Italian nationals living in this country were declared enemy aliens and faced with legal restrictions. Several thousand aliens and a few U.S. citizens were arrested and underwent flawed hearings, and hundreds were interned. Shedding new light on an injustice often overshadowed by the mass confinement of Japanese Americans, Mary Elizabeth Basile Chopas traces how government and military leaders constructed wartime policies affecting Italian residents. Based on new archival research into the alien enemy hearings, this in-depth legal analysis illuminates a process not widely understood. From presumptive guilt in the arrest and internment based on membership in social and political organizations, to hurdles in attaining American citizenship, Chopas uncovers many layers of repression not heretofore revealed in scholarship about the World War II home front. In telling the stories of former internees and persons excluded from military zones as they attempted to resume their lives after the war, Chopas demonstrates the lasting social and cultural effects of government policies on the Italian American community, and addresses the modern problem of identifying threats in a largely loyal and peaceful population.

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.

Women's Human Rights The International and Comparative Law Casebook Susan Deller Ross "A definitive text on a topic both timely and timeless, "Women's Human Rights" is an indispensable resource for all who care about gender and justice in any part of the world."--Madeleine K. Albright, former Secretary of State "Susan Deller Ross has provided us with an important addition to existing human rights law teaching materials with her casebook on women's human rights. The book brings the complex array of legal, political, social, and cultural issues involved in protecting women's human rights front and center for students and teachers of international law. The case book demonstrates that, because of their reach and their complexity, women's human rights deserve to be studied in and of themselves not just as one segment of an international human rights course. Providing a holistic picture of the status of women in international law, the casebook offers equal doses of the legal gains we are making and how far there still is to go."--"Human Rights Quarterly" According to Susan Deller Ross, many human rights advocates still do not see women's rights as human rights. Yet women in many countries suffer from laws, practices, customs, and cultural and religious norms that consign them to a deeply inferior status. Advocates might conceive of human rights as involving torture, extrajudicial killings, or cruel and degrading treatment--all clearly in violation of international human rights--and think those issues irrelevant to women. Yet is female genital mutilation, practiced on millions of young girls and even infants, not a gross violation of human rights? When a family decides to murder a daughter in the name of "honor," is that not an extrajudicial killing? When a husband rapes or savagely beats his wife, knowing the legal authorities will take no action on her behalf, is that not cruel and degrading treatment? Susan Deller Ross is Professor of Law at the Georgetown University Law Center and Founder and Director of the International Women's Human Rights Clinic at Georgetown. RossRights.com is an an online documentary supplement to "Women's Human Rights: The International and Comparative Law Casebook." Pennsylvania Studies in Human Rights 2008 704 pages 7 x 10 ISBN 978-0-8122-2091-9 Paper $55.00s 36.00 ISBN 978-0-8122-0002-7 Ebook $55s 36.00 World Rights Law, Women's/Gender Studies Short copy: "Women's Human Rights" studies the deprivation and violence women suffer due to discriminatory laws, religions, and customs and demonstrates how international human rights treaties can be used to develop new laws and court decisions that protect women against discrimination, subordination, and violence.

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.

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.

The overarching objective of this volume is to discuss and critique the legal regulation of human trafficking in national and transnational context. Specifically, discussion is needed not only with regard to the historical and philosophical points of departure for any criminalisation of trafficking, but also, regarding the societal and social framework, the empirical dimension such as existing statistics in the area, and the need for more data. The book combines descriptive and normative analyses of the crime of trafficking in human beings from a cross-legal perspective. Notwithstanding the enhanced interest for human trafficking in politics, the public and the media, a critical perspective such as the one pursued herewith has so far been largely absent. Against this background, this approach allows for theoretical findings to be addressed by pointing out and elaborating different, interdisciplinary conflicts and inconsistencies in the regulation of human trafficking. The book discusses the phenomenon of human trafficking critically from various angles, giving it 'shape' and showing how it comes to life in the legal regulation.

This provocative book offers a probing account of the erosion of privacy in American society, that shows that we are often unwitting, if willing, accomplices, providing personal data in exchange for security or convenience. The author reveals that in today's "information society," the personal data that we make available to virtually any organization for virtually any purpose is apt to surface elsewhere, applied to utterly different purposes. The mass collection and processing of personal information produces such tremendous efficiencies that both the public and private sector feel justified in pushing as far as they can into our private lives. And there is no easy cure. Indeed, there are many cases where privacy invasion is both hurtful to the individual and indispensable to an organization's quest for efficiency. And as long as we willingly accept the pursuit of profit, or the reduction of crime, or cutting government costs as sufficient reason for intensified scrutiny over our lives, then privacy will remain endangered.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
The Blackstone's Guide to the Borders, Citizenship, and Immigration Act 2009 provides an essential tool for understanding the important changes in border control, citizenship, and immigration law found in the Act. The Guide provides a clear explanation of developments in the acquisition of British citizenship by automatic acquisition, naturalization and registration; the introduction of new immigration measures concerning students, children, trafficking, and other matters; and the new customs functions at UK borders and connected supervisory powers. The Guide provides a commentary that puts the new provisions into the context of existing laws, while explaining the significance of the innovations introduced. The constitutional significance of the new measures is considered, together with an emphasis on the implications of the measures for the protection of rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Guide is a clear exposition of the development of the law.
This new Blackstone's Guide combines the full text of the Act with an expert narrative. It brings practitioners up-to-date with this complex piece of legislation. Presented in a straightforward layout, it enables ease of use as a reference source.

The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds--Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler and Richard Ford, among others--the book tackles a wide range of issues, including the challenge of new technologies, presidential power, international human rights, religious liberty, freedom of speech, voting, reproductive rights, and economic rights. The Constitution in 2020 calls on liberals to articulate their constitutional vision in a way that can command the confidence of ordinary Americans.

This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it interferes with the right of the people to dispose of their natural wealth and resources and thereby increases poverty and frustrates socio-economic development. Second, corruption leads to a multitude of human rights violations. Third, the book demonstrates that human rights mechanisms have the capacity to provide more effective remedies to victims of corruption than can other criminal and civil legal mechanisms. The book takes up one of the pervasive problems of governance--large-scale corruption--to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the relationship between corruption, poverty and underdevelopment, and the threat that systemic poverty poses to the entire human rights edifice. The book is a very significant contribution to the literature on good governance, human rights and the rule of law in Africa. Endorsements "Kolawole Olaniyan has taken up one of the pervasive problems of governance - large-scale corruption - to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. His focus is Africa, but the valuable lessons he teaches in this comprehensive study can resonate throughout the world. The result is a comprehensive and holistic legal framework for addressing some of the root causes of human rights violations and poverty, not only in Africa, but wherever corruption exists." Dinah Shelton Manatt/Ahn Professor of International Law (emeritus) The George Washington University Law School "This book demonstrates the author's mastery of complex jurisprudential and theoretical discourses. His review of the existing literature is extensive, the doctrinal analysis rigorous and the treatment of the subject innovative. Dr. Olaniyan's willingness to introduce fresh eyes to the ways in which doctrine contributes to an understanding of seemingly mundane problems lays the foundation for fertile trajectories from which future scholars can launch exciting inquiries on the relationship between corruption and human rights. Overall, this book makes an important and valuable contribution to the growth and understanding of the corruption/human rights discourse as it is presently constructed." Ndiva Kofele-Kale, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, USA.

Written for the XXI FIDE Congress taking place in Dublin in June 2004, this book explores EU policy on migration and asylum, and the manner in which this policy is being implemented at a national level. With national reports from 15 EU member states (both existing and accession states), it is the most wide ranging and comprehensive international survey of this issue to date. Each report was prepared by a national expert and they focus on: ??? the national implementation of existing EU legislation in the field of migration and asylum law; ??? the compatibility of national migration and asylum law and policies with pending EC legislation on asylum procedure, legal status of third country nationals, and definition of refugees; ??? national attitudes to European Commission proposals on the future development of European migration and asylum law; and ??? long term perspectives for EU legislation in the field of migration and asylum law and policy.

Der Autor befasst sich mit wesentlichen Fragen aus dem Sachverstandigenrecht, dem die gerichtliche und die aussergerichtliche Arbeit des Sachverstandigen zugrunde liegt. Im Rahmen dieser Tatigkeit muss sich der Sachverstandige mit seiner Beauftragung, seiner Honorierung, der Haftung, dem Versicherungsschutz und der Zusammenarbeit mit anderen Kollegen beschaftigen. Hinzu kommt, dass der Sachverstandige sich einwandfrei gegenuber seinen Auftraggebern, den Gerichtsparteien und dem Gericht verhalten muss, will er eine ordnungsgemasse Arbeit abliefern. Dazu soll das Buch wertvolle Hinweise geben.

The Rights of Women is a comprehensive guide that explains in detail the rights of women under present U.S. law, and how these laws can be used in the continuing struggle to achieve full gender equality at home, in the workplace, at school, and in society at large. The Rights of Women explores the concept of equal protection and covers topics including employment, education, housing, and public accommodations. This handbook also examines the specific issues of trafficking, violence against women, welfare reform, and reproductive freedom.

Using a straightforward question-and-answer format while translating the law into accessible language, this volume is a tool for individuals, lawyers, and advocates seeking to assert women's rights under the law.

Now in its fully revised and updated fourth edition, The Rights of Women is an invaluable guide to finding legal solutions to the most pressing issues facing women today.

This book undertakes a comparative study of the public interest and political speech defences in defamation law, particularly from the perspective of the misuse of democratic free expression justifications. Specifically, it argues that the law and legal approaches taken by leading courts and legislatures in the UK, Australia, New Zealand, Canada, and the United States - five common law comparators - are undertheorised, lack adequate criteria for determining the correct form of the defence, and would benefit from a more precise understanding of 'democracy', 'accountability', and 'representation'. The book will be of great interest to scholars of free speech, defamation and public law.

Family Newspapers? provides the first detailed historical study of modern popular press coverage of sex and private life, from the start of the mass newspaper reading boom in 1918 to the triumph of the Sun's sexualized journalism in 1978, when circulation overtook that of its rival, the Daily Mirror.
In this period, newspapers were at the heart of British popular culture, and Fleet Street's preoccupation with sex meant that the press was a hugely significant source of knowledge and imagery about sexual behavior, personal relationships, and moral codes. Focusing on changing ideas of what sexual content was deemed "fit to print," Adrian Bingham reveals how editors negotiated the tension between exploiting public curiosity about sex and ensuring that their journalism remained within the bounds of acceptability for a "family newspaper." The study challenges established interpretations of social change by drawing attention to the ways in which the press opened up the public discussion of sexuality before the 'permissiveness' of the 1960s.
Exploring the spectacular diversity of the press's sexual content--from advice columns to pin-ups, from court reports to celebrity revelations--Bingham offers a rich and thought-provoking investigation of a media form that has done much to shape the character of modern Britain.

Bibliography: http: //www.nyupress.org/webchapters/9780814775998_benhabib_biblio.pdf

In an increasingly globalized world, the movement of peoples across national borders is posing unprecedented challenges, for the people involved as well as for the places to which they travel and their countries of origin. Citizenship is now a topic in focus around the world but much of that discussion takes place without sufficient attention to the women, men, and children, in and out of families, whose statuses and treatments depend upon how countries view their arrival. As essays in this volume detail, both the practices and theories of citizenship need to be reappraised in light of the array of persons and of twentieth-century commitments to their dignity and equality.

Migrations and Mobilities uniquely situates gender in the context of ongoing, urgent conversations about globalization, citizenship, and the meaning of borders. Following an introductory essay by editors Seyla Benhabib and Judith Resnik that addresses the parameters and implications of gendered migration, the interdisciplinary contributors consider a wide range of issues, from workers' rights to children's rights, from theories of the nation-state and federalism to obligations under transnational human rights conventions. Together, the essays in this path-breaking collection force us to consider the pivotal role that gender should play in reconceiving the nature of citizenship in the contemporary, transnational world.

Contributors: Selya Benhabib, Jacqueline Bhabha, Linda Bosniak, Catherine Dauvergne, Talia Inlender, Vicki C. Jackson, David Jacobson, Linda K. Kerber, Audrey Macklin, Angela Means, Valentine M. Moghadam, Patrizia Nanz, Aihwa Ong, Cynthia Patterson, Judith Resnik, and Sarah K. van Walsum.

The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The first amendment, however, prohibits Congress from enacting any law that abridges the freedoms of speech and of the press. While many have long noted the tension between these provisions, recent legal and cultural developments have transformed mere tension into conflict. "No Law" offers a new way to approach these debates.
In eloquent and passionate style, Lange and Powell argue that the First Amendment imposes absolute limits upon claims of exclusivity in intellectual property and expression, and strips Congress of the power to restrict personal thought and free expression in the name of intellectual property rights. Though the First Amendment does not repeal the Constitutional intellectual property clause in its entirety, copyright, patent, and trademark law cannot constitutionally license the private commodification of the public domain.
The authors claim that while the exclusive rights currently reflected in intellectual property are not in truth needed to encourage intellectual productivity, they develop a compelling solution for how Congress, even within the limits imposed by an absolute First Amendment, can still regulate incentives for intellectual creations. Those interested in the impact copyright doctrines have on freedom of expression in the U.S. and the theoretical and practical aspects of intellectual property law will want to take a closer look at this bracing, resonant work.