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This book critically challenges the usual territorial understanding of borders by examining the often messy internal, transborder, ambiguous, and in-between spaces that co-exist with traditional borders. By considering those less visible aspects of borders, the book develops an inclusive understanding of how contemporary borders are structured and how they influence human identity, mobility, and belonging. The introduction and conclusion provide theoretical and contextual framing, while chapters explore topics of global labor and refugees, unrecognized states, ethnic networks, cyberspace, transboundary resource conflicts, and indigenous and religious spaces that rarely register on conventional maps or commonplace understandings of territory. In the end, the volume demonstrates that, despite being "invisible" on most maps, these borders have a very real, material, and tangible presence and consequences for those people who live within, alongside, and across them.
Migrant Crossings examines the experiences and representations of Asian and Latina/o migrants trafficked in the United States into informal economies and service industries. Through sociolegal and media analysis of court records, press releases, law enforcement campaigns, film representations, theatre performances, and the law, Annie Isabel Fukushima questions how we understand victimhood, criminality, citizenship, and legality. Fukushima examines how migrants legally cross into visibility, through frames of citizenship, and narratives of victimhood. She explores the interdisciplinary framing of the role of the law and the legal system, the notion of "perfect victimhood", and iconic victims, and how trafficking subjects are resurrected for contemporary movements as illustrated in visuals, discourse, court records, and policy. Migrant Crossings deeply interrogates what it means to bear witness to migration in these migratory times—and what such migrant crossings mean for subjects who experience violence during or after their crossing.
As the 2020s began, protestors filled the streets, politicians clashed over how to respond to a global pandemic, and new scrutiny was placed on what rights US citizens should be afforded. Newly revised and expanded to address immigration, gay rights, privacy rights, affirmative action, and more, The Bill of Rights in Modern America provides clear insights into the issues currently shaping the United States. Essays explore the law and history behind contentious debates over such topics as gun rights, limits on the powers of law enforcement, the death penalty, abortion, and states' rights. Accessible and easy to read, the discerning research offered in The Bill of Rights in Modern America will help inform critical discussions for years to come.
In response to the increasing convergence of technologies in the entertainment industries, this thoroughly updated and revised fifth edition makes the casebook more timeless. Providing contract templates covering book publishing, recording contracts, actor agreements, video game agreements, and internet agreements, among others, this new edition is more useful and illustrative of the business of entertainment for lawyers, students, and industry professionals than its competition. Introductions, notes, and cases are fully updated to take into account recent changes in the industry. This classic casebook is essential to students at law schools throughout the country and to industry professionals trying to keep up with this ever-changing field of law.
Taking a unique and critical approach to the study of Public Law, this book explores the main topics in UK Public Law from a range of underexplored perspectives and amplifies the voices of scholars who are underrepresented in the field. As such, it represents a much-needed complement to traditional textbooks in Public Law. Including insights from a diverse list of contributors, the book: • Enriches students’ understanding of the dynamics that emerge within public law; • Highlights the impact of historical and societal inequities on public law norms; • Demonstrates the ways in which those norms may impact minorities and perpetuate inequalities. With most chapters written by underrepresented or minoritised persons in the field, this text offers students a critical, rich, and insightful approach to public law.
The revised fourth edition of Migration Theory continues to offer a one-stop synthesis of contemporary thought on migration. Editors Caroline B. Brettell and James F. Hollifield remain committed to include coverage that is comparative and global in scope while enhancing similarities and differences between one academic field and the next. All chapters have been revised to highlight cutting-edge issues in the field of migration studies today. The fourth edition welcomes two new authors, Professors Marie Price and Francois Heran, to offer a fresh approach with their chapters on geography and demography, respectively. Designed for undergraduate and graduate courses in migration studies, a primary goal of the text is to assist instructors in guiding students who may have little background on migration, to understand important issues and the scientific debates. This ensures Migration Theory is a highly valuable guide not only to the perspectives of one's own discipline but also to those of cognate fields.
Chaos theory challenges the presumption that the cosmos is orderly, linear, and predictable-but it does not imply pure randomness and chance events. Rather, chaos-informed postmodernist analysis introduces a new vision by celebrating unexpected, surprise, ironic, contradictory, and emergent elements. Scholars in many disciplines are taking this perspective as an alternative to the entrenched structural functionalism and empiricism rooted in linear science. In the early 1990s studies began to emerge applying chaos theory to criminology, law, and social change. This book brings together some of the key thinkers in these areas. Part I situates chaos theory as a constitutive thread in contemporary critical thought in criminology and law. It seeks to provide the reader with a sensitivity to how chaos theory fits within the postmodern perspective and an understanding of its conceptual tools. Part II comprises chapters on applying the chaos perspective to critical criminology and law and, beyond, to peacemaking. Part III presents studies in chaos-informed perspectives on new social movement theory, social change, and the development of social justice. While the book emphasizes the usefulness of the conceptual tools of chaos theory in critical criminology and law, its ultimate goal goes beyond theory-building to provide vistas for understanding the contemporary social scene and for the development of the new just society.
The Constitution is not so simple that it explains itself—nor so complex that only experts can understand it. In this accessible, nonpartisan quick reference, historian Andrew Arnold provides concise explanations of the Constitution's meaning and history, offering little-known facts and anecdotes about every article and all twenty-seven amendments. This handy guide won’t tell you what the Constitution ought to say, nor what it ought to mean. It will tell you what the Constitution says and what it has meant. A Pocket Guide to the US Constitution presents a straightforward way to understand the American Constitutional system. Without wading through lengthy legal prose, heavy historical analysis, or polemical diatribes, you can easily find out what the emoluments clause means, learn about gerrymandering and separation of powers, or read a brief background on why slaves in colonial America were considered 3/5 of a person. Small enough to put in your pocket, backpack, or briefcase, A Pocket Guide to the US Constitution can be used to comprehend current events, dig deeper into court cases, or sort out your own opinions on constitutional issues.
Auf dem Gebiet des Vertragsrechts wird seit langem lebhaft darüber diskutiert, inwieweit die zunehmende Beschränkung der Vertragsfreiheit gerechtfertigt ist. Für das Deliktsrecht hat sich eine diesbezügliche Diskussion erst ansatzweise entwickelt, obwohl sich auch dieser Bereich durch eine zunehmende Beschränkung der Handlungsfreiheit des potentiellen Schädigers auszeichnet. Die bedeutendste Rolle in dem Prozess der zunehmenden Haftungsverschärfung kommt dabei den Verkehrspflichten zu, deren Verhaltensgebote und -verbote heute nahezu alle Lebensbereiche erfassen. Dieser Arbeit liegt deshalb die Frage zugrunde, ob und inwiefern die Handlungsfreiheit des potentiellen Schädigers im ausufernden System der deliktischen Verkehrspflichten ausreichende Berücksichtigung findet.
This book explores contemporary Danish relations of colonial complicity in welfare work with newly arrived refugees (1978-2016) as recursive histories that reveal new shapes and shades of racism. Focussing on super- and subordination in helping relations of postcoloniality, the book displays the durability of coloniality and the workings of raceless racism in welfare work with refugees. Its main contribution is the excavation of stock stories of colour-blindness, potentialising and compassion, which help welfare workers invest in burying that which keeps haunting welfare work with refugees, i.e., modern ghosts of difference, docility and dignity. The book dismantles the global myth of the Danish benevolent, universalistic welfare state and it is of interest to every scholar and student, who wants to make inquiries about Danish exceptionalism and the hidden interaction between past and present, the visible and invisible in Danish welfare work with refugees.
Reformulating a problem of both constitutionalism and liberalism discussed in the works of Ernst-Wolfgang Boeckenfoerde, Hannah Arendt, and Alexis de Tocqueville, the book examines one generally overlooked manifestation of constitutionalism: the role of the courts in shaping democratic politics and the inter-relationship between citizens and state. Drawing on constitutional history, law, and political theory, David Miles argues that constitutionalism cannot be seen merely as an institutional mechanism to limit government, as it also has a crucial civic dimension upon which the liberal state depends. Utilising the works of Boeckenfoerde, Arendt, and Tocqueville, constitutionalism is conceived in the book as part of a broader system of communal norms which sustains representative democracy and liberalism. Through an analysis of judicial interventions in the electoral processes of the United States and Germany, Miles explores the role of civil society actors in transforming constitutionalism through legal challenges to oligarchical or exclusionary practices. He assesses how, in adjudicating these cases, the US Supreme Court and the German Constitutional Court have mediated the tension between threats to stability and the imperative of democratic renewal. Democracy, the Courts, and the Liberal State will be of interest to scholars, students, and practitioners interested in comparative politics, political theory, and constitutional law and history.
Title 19 presents regulations governing customs duties as set forth by the U.S. Customs Service, the U.S. International Trade Commission, and the International Trade Administration. Additions and revisions to this section of the code are posted annually by April. Publication follows within six months.
This book analyses the implementation of global pharmaceutical impact standards in the European risk regulation framework for pharmaceuticals and questions its legitimacy. Global standards increasingly shape the risk regulation law and policy in the European Union and the area of pharmaceuticals is no exception to this tendency. As this book shows, global pharmaceutical standards set by the International Council for Harmonisation of Technical Requirements for the Registration of Pharmaceuticals for Human Use (ICH), after they are adopted through the European Medicines Agency (EMA), are an important feature of the regulatory framework for pharmaceuticals in the EU. In addition to analysing the influence of these global standards in the EU legal and policy framework, the book questions the legitimacy of the Union’s reliance on global standards in terms of core administrative law principles of participation, transparency and independence of expertise. It also critically examines the accountability of the European Commission and the European Medicines Agency as participants in the global standard-setting and main implementation gateway of the global pharmaceutical standards into the European Union.
This book is the first comprehensive study of Plato's conception of justice. The universality of human rights and the universality of human dignity, which is recognised as their source, are among the crucial philosophical problems in modern-day legal orders and in contemporary culture in general. If dignity is genuinely universal, then human beings also possessed it in ancient times. Plato not only perceived human dignity, but a recognition of dignity is also visible in his conception of justice, which forms the core of his philosophy. Plato's "Republic" is consistently interpreted here as a treatise on justice, relating to an individual and not to the state. The famous myth of the cave is a story about education taking place in the world here and now. The best activity is not contemplation, but acting for the benefit of others. Not ideas, but individuals are the proper objects of love. Plato's philosophy may provide foundations for modern-day human rights protection rather than for totalitarian orders.
Written by an eminent and original thinker in the philosophy of science, this book takes a fresh, unorthodox look at the key philosophical concepts and assumptions of the social sciences. Mario Bunge contends that social scientists (anthropologists, sociologists, political scientists, economists, and historians) ought not to leave philosophy to philosophers, who have little expertise in or knowledge of the social sciences. Bunge urges social scientists to engage in serious philosophizing and philosophers to participate in social research. The two fields are interrelated, he says, and important advances in each can supply tools for solving problems in the other. Bunge analyzes concepts that the fields of philosophy and social science share, such as fact, cause, and value. He discusses assumptions and misassumptions involved in such current approaches as idealism, materialism, and subjectivism, and finds that none of the best-known philosophies helps to advance or even understand social science. In a highly critical appraisal of rational choice theories, Bunge insists that these models provide no solid substantive theory of society, nor do they help guide rational action. He offers ten criteria by which to evaluate philosophies of social science and proposes novel solutions to social science's methodological and philosophical problems. He argues forcefully that a particular union of rationalism, realism, and systemism is the logical and viable philosophical stance for social science practitioners.
This book deals with the conception of literary obscenity as found in law and practice and its cultural and social effects. The author's primary concern is the restraint which this conception exercises on serious literature and consequently on intellectual freedom and artistic creation.
The contributors to this book investigate migration governance in Asia through a multilevel analysis, addressing its local, national and regional dimensions as well as placing it in the wider context of global migration governance. Core case studies include migration to and within Japan, the migration of Burmese and Tibetan refugees to India, and the Rohingya crisis in Myanmar. Evaluating the rules, norms and processes put in place by state and non-state actors to cope with international migration, the contributors focus especially on migration flows and the extent to which Asian cases are distinct from those elsewhere. This includes comparative cases from Europe and the United States to provide a comparative context for the analysis of Asia. A valuable resource for students and scholars of migration studies, especially those with a particular interest in Asia. |
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