This provocative exploration of the issues surrounding free speech protection calls into question some important assumptions underlying much of contemporary free speech case law. The author considers the free speech issues associated with matters as diverse as the use of racial epithets, flag burning, obscenity, and speech by public school students, public school teachers, and public employees in general. He argues persuasively that free speech law has become unnecessarily complex and that free speech protection has been extended well beyond the bounds suggested by the various reasons for protecting speech in the first place. These developments, Professor Wright contends, risk an eventual weakening of the public commitment to free speech as a fundamental value.

In a series of chapters--some broadly theoretical in character, others focused on concrete free speech cases--Wright develops his argument that the courts' tendency to gradually expand the scope of protection afforded by the free speech clause dilutes the essential seriousness of the clause and will eventually tend to erode public support for freedom of speech as a fundamental principal. On a more abstract level, Wright demonstrates that, increasingly, the case law of freedom of speech is grounded only in some form of relativist or subjectivist thought. The long-term risk, Wright suggests, is that our adoption of freedom of speech may come to be seen as an arbitrary preference without morally binding character in any traditional sense. Writing for students of constitutional law as well as practicing attorneys involved in free speech cases, this volume is an important counterweight to arguments in support of continual expansion of free speech protection.

In contrast to most migration studies that focus on specific "foreigner" groups in Germany, this study simultaneously compares and contrasts the legal, political, social, and economic opportunity structures facing diverse categories of the ethnic minorities who have settled in the country since the 1950s. It reveals the contradictory, and usually self-defeating, nature of German policies intended to keep "migrants" out-allegedly in order to preserve a German Leitkultur (with which very few of its own citizens still identify). The main barriers to effective integration-and socio-economic revitalization in general-sooner lie in the country's obsolete labor market regulations and bureaucratic procedures. Drawing on local case studies, personal interviews, and national surveys, the author describes "the human faces" behind official citizenship and integration practices in Germany, and in doing so demonstrates that average citizens are much more multi-cultural than they realize. Joyce Marie Mushaben is a Professor of Comparative Politics and Gender Studies at the University of Missouri-St. Louis. An itinerant scholar since the 1970s, she has studied political mobilization, national identity, gender dynamics and generational change at unversities in Hamburg, Berlin, Stuttgart, Frankfurt, and Erfurt, thanks to generous support from the DAAD, the Fulbright Commission, the Ford Foundation, the German Marshall Fund and the Alexander von Humboldt Foundation, inter alia.

The United States Supreme Court is on the verge of overturning Roe v. Wade. When it does, that decision may be as important as the Dred Scott decision a century and a half ago. During the confirmation hearings for Clarence Thomas the focus was on the constitutional right to privacy and abortion. No legal concept has been more controversial and has had such a significant impact on the lives of millions of Americans. This book provides an understandable overview of the Supreme Court decisions concerned with privacy issues such as sex, drugs, abortion, and the right to die. The legal evolution of the constitutional right to privacy is explored with every significant Supreme Court decision explained along the way.

This book begins with an overview of the legal history that has led to the development of a constitutional right to privacy. The relationship between morality and law are presented from the Hittites to the Puritans. The impact of the ideas of philosophers such as Locke, Montesquieu, Rousseau, and Mill are presented along with an overview of the concepts of Natural Law and Natural Rights. The development of the right to privacy in American Common law is presented. The important Supreme Court decisions on privacy are discussed in detail from Griswold to Roe v. Wade.

This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor's Office, whose European judicial nature still coexists with strong national components.

This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains the events of relevance for international law that occurred in the changing situations in Kosovo and Crimea. On the basis of these legal considerations, it explores how the international community can respond when faced with situations that may violate international law, together with the effectiveness of various measures. It also discusses whether certain situations might be legitimate as a concept could now be emerging that secession may be justified in specific circumstances, such as serious and widespread violations of basic human rights.

Through a rigorous critique of the dominant narrative of the Rwandan genocide, Collins provides an alternative argument to the debate situating the killings within a historically-specific context and drawing out a dynamic interplay between national and international actors.

Privacy and Technologies of Identity: A Cross-Disciplinary Conversation provides an overview of ways in which technological changes raise privacy concerns. It then addresses four major areas of technology: RFID and location tracking technology; biometric technology, data mining; and issues with anonymity and authentication of identity. Many of the chapters are written with the non-specialist in mind, seeking to educate a diverse audience on the "basics" of the technology and the law and to point out the promise and perils of each technology for privacy. The material in this book provides an interface between legal and policy approaches to privacy and technologies that either threaten or enhance privacy.

This book grew out of the Fall 2004 CIPLIT(r) Symposium on Privacy and Identity: The Promise and Perils of a Technological Age, co-sponsored by DePaul University's College of Law and School of Computer Science, Telecommunications and Information Systems. The Symposium brought together leading researchers in advanced technology and leading thinkers from the law and policy arenas, many of whom have contributed chapters to the book. Like the Symposium, the book seeks to contribute to a conversation among technologists, lawyers, and policymakers about how best to handle the challenges to privacy that arise from recent technological advances.

This volume offers a glimpse into the minds of three NAACP leaders who occupied the centre of black thought and action during some of the most troublesome and pivotal times of the civil rights movement. These writings illustrate the roles of three builders in constructing a people's liberation. Though progressive in their time, they may still serve as a vision of the future as race relations enter the 21st century.

This book discusses the ways in which ethno-cultural and religious diversity has hitherto been handled by the modern Turkish state within the framework of the discourse of tolerance in line with the contemporary Europeanization process. Among many other topics, this book will delineate the construction of the Turkish national identity and the modern Turkish state in a way that underlines the constitutive elements of the state machinery as well as the technologies of citizenship in Turkey since the decay of the Ottoman Empire in the early 19th century. Depicting the major challenges to the traditional Kemalist nation-state project such as the Alevi Question, the Kurdish Question, the Headscarf Question and the processes of Europeanization, the book will also include an historical account of the notion of tolerance in the Turkish context dating back to the heydays of the Ottoman Empire. Based on qualitative survey findings, this work is an attempt to unravel the myth of tolerance in Turkey.

The politics of domination with which the United States oppresses and exploits the Native Nations, is a violation of the intentions of the framers of the Constitution, and the meaning of the text itself. The arguments of the advocates of the genocide of the 1830s and their appeasers have come to determine the law, policy, and conduct of the United States, while the arguments of the opponents of what came to be known as the Trail of Tears have largely been forgotten, at least among non-Native people. By recovering these arguments, and allowing readers to explore large questions of law, justice, genocide, and politics in a context closely tethered to empirical evidence and careful argument, this book should facilitate more widespread understanding of the Native Nations' rights to their treaty-guaranteed dominion over their own lands and perhaps help open communication between the American people and the peoples of the Native Nations; communication on which the emergence of what Martin Luther King, Jr. called "the beloved community" depends. Arguments over Genocide aims to reach a broad audience of college students, in courses on American History, Indigenous Studies, and the United States and the World, as well as in more specialized upper division courses on constitutional law, American/European imperialism, and resistance, independence, and decolonization movements. Individuals interested in the founding of the United States, in the Trail of Tears, and in 19th century American history should find the work compelling, as should legal practitioners in the field.

Should a politician be free to fiercely attack the religion of a sector of the population? Should he be allowed to strongly reject the culture of a particular minority group? Should religious adherents be allowed to advocate the transition from a democratic to a theocratic state? Should a satirical magazine be free to mock religious figures and practices? These sort of questions concern the place of faith in public debate and continue to dominate public discussion that has been fuelled by a series of events, including the terrorist attacks in New York, Madrid and London; the assassination of Dutch film director Theo van Gogh; the affair of the Danish Cartoons; the prosecution of Dutch politician Geert Wilders for his statements on Islam and Muslims; and the terrorist attack on French satirical magazine Charlie Hebdo in Paris.The overarching question triggered by these events concerns the relationship between freedom of expression and the regulation of 'hate speech'; which forms of hate speech should the state prohibit, on what grounds and by which means? Notably, the restriction of hate speech uttered in the context of the public debate about multiculturalism, immigration, integration and Islam, and of religious fundamentalism has become a topic of lively discussion.This research constitutes the first international comparative study that provides a profound analysis of the law on hate speech in France and the Netherlands and under European and international law. It thoroughly examines the national legislation, its drafting history, policy and other legal documents and case law including famous legal cases against Dutch politician Geert Wilders, French politician Jean-Marie Le Pen and le Front National, French comedian Dieudonne and satirical magazine Charlie Hebdo. It also makes reference to the most recent international hate speech literature and discusses its key issues. This book can, thereby, form a source of inspiration for anyone interested or involved in the regulation of hate speech: academics; legislators; judges; prosecutors; politicians; interested citizens; and involved NGOs and can contribute to the 'faith in public debate', by elucidating its possible boundaries.

While freedom of speech is a defining characteristic of the United States, the First Amendment right is often regulated within certain environments. For years, schools have attempted to monitor and regulate student communication both within the educational environment and in student use of social media and other online communication tools. Censorship and Student Communication in Online and Offline Settings is a comprehensive reference source that addresses the issues surrounding student's right to free speech in on and off-campus settings. Featuring relevant coverage on the implications of digital media as well as constitutional and legal considerations, this publication is an essential resource for school administrators, educators, students, and policymakers interested in uncovering the reasons behind student censorship and the challenges associated with the regulation of students' free speech.

Citizenship is no longer an exclusive relationship. Many people today are citizens of multiple countries, whether by birth, naturalization, or even through monetary means, with schemes fast-tracking citizenship applications from foreigners making large investments in the state. Moral problems surround each of those ways of acquiring a second citizenship, while retaining one's original citizenship. Multiple citizenship can also have morally problematic consequences for the coherence of collective decisions, for the constitution of the demos, and for global inequality. The phenomenon of multiple citizenship and its ramifications remains understudied, despite its magnitude and political importance. In this innovative book, Ana Tanasoca explores these issues and shows how they could be avoided by unbundling the rights that currently come with citizenship and allocating them separately. It will appeal to scholars and students of normative political theory, citizenship, global justice, and migration in political science, law, and sociology.

Debates between realists, communitarians, and cosmopolitans about the ethics of intervention in world politics are disciplined by competing models of the public/private distinction. Taking insights and controversies from feminist political theory, Lu focuses on this construct to illuminate alternative images of 'sovereignty as privacy' and 'sovereignty as responsibility', and to identify new ethical challenges arising from the increased agency of private global civil society actors, and their uneasy relationship with the world of states in contexts of 'humanitarian intervention'.

Today, all industrialized states are multinational. However, as Political Sociologist Feliks Gross points out, there remains considerable debate and experimentation on how to organize a multiethnic, democratic, and humane state. Gross examines various types of multiethnic states as well as their early origins and prospects for success. In the past, minorities were usually formed as a consequence of conquest or migration; minorities tended to have an inferior status, subordinated to the ruling, dominant ethnic class.

While Athens provides an early example of a state formed by alliance and association, the Romans advanced this concept when they extended to subjected peoples the status by means of citizenship. After the fall of Rome, citizenship continued in Italian and other continental cities. In England, subjectship associated with individual freedom had native roots. The American and French Revolutions revived and created the modern definition of citizenship. Along with Rome, however, only the United States provides an example of a successful multiethnic state of continental dimensions.

When conflicts arise between claims to human rights for women and claims for religious integrity and authority, which perspective should prevail? The author investigates the criteria for assessing such situations, including family religious ideology and the questions of relativism, privacy, and agency. The study concludes that theological resistance and certain political and social inhibitors sometimes, ironically, render the human rights concept inappropriate for achieving the rights of religious women.

Political sociology has often left the discussion of collective political behavior to those working within a social movement framework. The politics of inequality and social division invoke important questions for political sociology. Many argue that at the heart of political sociology is the study of power differences and social inequality. This volume focuses upon how politics influences the patterns of social stratification and how the various inequalities in society affect politics. Inequalities of race, ethnicity, gender, and sexual orientation are included at local, regional, national, and transnational levels. Several studies consider "hate groups" and victims of hate.
This collection of research serves as an example of aspects of social status, social class, and ideology connected to contemporary questions about "who wins" in struggles for civic, economic, and individual citizenship. Inequalities of race, ethnicity, gender, and sexual orientation are studied at local, regional, national and transnational levels. Several articles consider "hate groups" and victims of hate. The politics of inequality are discussed in enduring theoretical frameworks and emerging literatures related to political groups and associations, the order of law and the state, social movements, and terrorism and violence. The authors hope that this volume will stimulate further work in the political sociology of social inequality.

This collection of essays and reflections starts from an analysis of the purposes of foreign language teaching and argues that this should include educational objectives which are ultimately similar to those of education for citizenship. It does so by a journey through reflections on what is possible and desirable in the classroom and how language teaching has a specific role in education systems which have long had, and often still have, the purpose of encouraging young people to identify with the nation-state. Foreign language education can break through this framework to introduce a critical internationalism. In a 'globalised' and 'internationalised' world, the importance of identification with people beyond the national borders is crucial. Combined with education for citizenship, foreign language education can offer an education for 'intercultural citizenship'.

A fascinating account which discusses the indigenous peoples at the Cape at the time of the Dutch colonisers' arrival through to the years of apartheid. This includes the colonial conquest of Zambia expanding upon the role played by venture capital and the demands of manufacturing capitalism in the colonisation of large parts of Africa. The place of women in both colonial settler society and indigenous society is also dealt with. Through all the chapters runs the thread of the lives of the common people, and how their interactions are circumscribed by social conditions.

This work explains the nature of constitutional rights. It does so by means of an analysis of the nature of law in general, the nature of constitutions, and the nature of rights. It looks in detail at several aspects of constitutional law, rights and institutions, as well as aspects related to public officials, private persons and associations. In addition, the book critically examines a considerable number of debates about whether some actual or proposed constitutional rights ought to be established and maintained in the United States constitution. It then identifies the kinds of reasons that justify or fail to justify constitutional rights. The book advances the debate and makes a contribution to the theory and the practice of constitutional rights.

The impact of the European Convention on Human Rights on public and criminal law has been well documented. The common law will be equally revolutionised by the Convention,yet its future is uncharted. This collection of papers, the product of two seminars held jointly with 1 Crown Office Row and the human rights group Justice, offers some navigational aids to those confronted with these deep waters. It contains analyses of current law and predictions for the future from practitioners and experts in a range of common law fields, including clinical negligence, medical law, environmental law, mental health and defamation. In addition to these specific areas, these chapters also explore the relationship between the ECHR principles of proportionality and margin of appreciation and the traditional way of resolving common law disputes. The book also includes a detailed - and controversial - scrutiny of the compatibility of the legal aid and costs proposals with the procedural right to a fair trial guaranteed by the Convention. CONTENTS 1 INTRODUCTION William Edis 2 THE CONVENTION AND THE HUMAN RIGHTS ACT: A NEW WAY OF THINKING Philip Havers QC and Neil Garnham 3 COSTS, CONDITIONAL FEES AND LEGAL AID Guy Mansfield QC 4 HORIZONTALITY: THE APPLICATION OF HUMAN RIGHTS STANDARDS IN PRIVATE DISPUTES Jonathan Cooper 5 REMEDIES Rosalind English 6 GENERAL COMMON LAW CLAIMS AND THE HUMAN RIGHTS ACT Richard Booth 7 BRINGING AND DEFENDING A CONVENTION CLAIM IN DOMESTIC LAW: A PRACTICAL EXERCISE Philippa Whipple 8 THE IMPACT OF THE CONVENTION ON MEDICAL LAW Philip Havers QC and Neil Sheldon 9 CLINICAL NEGLIGENCE AND PERSONAL INJURY LITIGATION Robert Owen QC, Sarah Lambert and Caroline Neenan 10 ENVIRONMENTAL RIGHTS David Hart 11 CONFIDENTIALITY AND DEFAMATION Rosalind English 12 MENTAL HEALTH Jeremy Hyam 13 BIBLIOGRAPHY AND GUIDE TO Sources Owain Thomas

This book explores the constitutional debates of the Year 3 of the French Revolution (also known as Year 1 of the French Republic) and the drafts for the Declaration and the Constitution of 1793. It presents the revolutionaries' distinct view on human rights and the rights of the peoples, as well as their philosophical underpinnings. After discussing how contemporary legal history and theory, and political philosophy approached the revolutionary period, the book tackles the main topics covered during the debates and proposals. Starting with the issue of external relations and the sovereignty of the people and ending with natural rights and Republicanism, this book shows how apparently technical questions (such as what procedure should be implemented to declare a war) are intertwined with philosophical reflections on rights and with problems that were urgent at the time.