This book considers the international law applicable to maritime interception operations (MIO) conducted on the high seas and within the context of international peace and security, MIO being a much-used naval operational activity employed within the entire spectrum of today's conflicts. The book deals with the legal aspects flowing from the boarding and searching of foreign-flagged vessels and the possible arrest of persons and confiscation of goods, and analyses the applicable law with regard to maritime interception operations through the legal bases and legal regimes. Considered are MIO undertaken based on, for instance, the UN Collective Security System (maritime embargo operations), self-defence and (ad-hoc) consent, and within the context of legal regimes various views are provided on the right of visit, the use of force and the use of detention. This volume, which has contemporary naval operations as its central focus and structures the analysis as a sub-discipline of the international law of military operations, will be of great interest both to academics, practitioners and policy advisors working or involved in the field of military and naval operations, and to those professionals wanting to learn more about the international law of military operations, naval operations, and the law of the sea and maritime security. Martin Fink is a naval and legal officer in the Royal Netherlands Navy.

The struggle for civil rights in America was fought at the lunch counter as well as in the streets. It ultimately found victory in the halls of government-but, as Richard Cortner reveals, only through a creative use of congressional power and critical judicial decisions.

Title II of the 1964 Civil Rights Act prohibited discrimination in public accommodations, and shortly after its passage blacks were refused service at the Heart of Atlanta Motel and at Ollie's Barbecue in Birmingham, Alabama, as a test of the new law by business owners who claimed the right to choose their own customers. These challenges made their way to the Supreme Court, becoming landmark cases frequently cited in law. Until now, however, they have never benefited from book-length analysis. Cortner provides an inside account of the litigation in both decisions to tell how they spelled the end to segregation in the South.

The fact that blacks could not travel in the South without assured access to food and lodging led Congress to enforce civil rights on the basis of its authority to regulate interstate commerce. The Supreme Court unanimously sustained Title II's constitutionality under the commerce clause in both test cases, joining the executive and legislative branches in defining the power of the federal government to desegregate society, even by circuitous means.

Drawing on justice department files, Supreme Court justices' papers, and records of defense attorneys, Cortner provides the background for the cases, including previous legal battles over sit-ins. He describes the roles of key players in the litigation-particularly Solicitor General Archibald Cox and members of the Warren Court. In addition, he uses presidential files, oral histories, and other primary sources to give readers a clear picture of the forces at work in the creation, implementation, and validation of the Civil Rights Act.

Cortner's thorough account illuminates the nature of constitutional litigation and the judicial process, as well as the role of the Constitution and law, in two decisions that marked the crowning achievement of the civil rights movement and changed the face of America forever.

"The extraordinary story of how Coach Paul "Bear" Bryant and Joe Namath, his star quarterback at the University of Alabama, led the Crimson Tide to victory and transformed football into a truly national pastime."
During the bloodiest years of the civil rights movement, Bear Bryant and Joe Namath-two of the most iconic and controversial figures in American sports-changed the game of college football forever. Brilliantly and urgently drawn, this is the gripping account of how these two very different men-Bryant a legendary coach in the South who was facing a pair of ethics scandals that threatened his career, and Namath a cocky Northerner from a steel mill town in Pennsylvania-led the Crimson Tide to a national championship.
To Bryant and Namath, the game was everything. But no one could ignore the changes sweeping the nation between 1961 and 1965-from the Freedom Rides to the integration of colleges across the South and the assassination of President Kennedy. Against this explosive backdrop, Bryant and Namath changed the meaning of football. Their final contest together, the 1965 Orange Bowl, was the first football game broadcast nationally, in color, during prime time, signaling a new era for the sport and the nation.
Award-winning biographer Randy Roberts and sports historian Ed Krzemienski showcase the moment when two thoroughly American traditions-football and Dixie-collided. A compelling story of race and politics, honor and the will to win, RISING TIDE captures a singular time in America. More than a history of college football, this is the story of the struggle and triumph of a nation in transition and the legacy of two of the greatest heroes the sport has ever seen.

After years of widely acknowledging race discrimination in higher education, American government leaders, college and university officials, and at-large citizens today question the need for civil rights laws and policies. Within an important sector of the public higher education community -- roughly nineteen states that used to operate laws separating students by race -- dispute focuses upon systemwide Title VI enforcement. Two interpretations of Title VI enforcement coexist. Among conservatives, absence of continuing discrimination and continuing good faith effort signal an end to the need for government enforcement. Among more liberal stakeholders, past enforcement has been weakly undertaken despite past and currently increasing evidence of continued discrimination.

Closely reviewing evidence of past and current enforcement, Williams presents a reinterpretation: Considerable evidence of continued discrimination exists, but weak design and limited implementation provides an incomplete picture of past and current enforcement. Weak federal enforcement establishes a context for previously unrecognized unofficial state responses, and unofficial responses display important elements of a generic race relations ritual first chronicled in largely forgotten humanities and sociological literature from the 1960s. An important study for scholars, students, researchers, and policymakers of contemporary American education and race relations.

The first compilation ever to explore the contentious history of the world gay rights movement from its inception in Germany in the 1800s to today. Denmark recently became the first country in the world to allow marriage between same-sex partners. In Uganda, homosexuality is a crime punishable by life imprisonment. Depending on where you are in the world, homosexuality is an "unspeakable love", a medical deviance, a legitimate alternative lifestyle, or simply a non-issue. Gay and Lesbian Issues: A Reference Handbook traces the developments, people and organizations responsible for bringing homosexual issues to the public's attention. In addition to exploring such controversial issues as gays in the military and child adoption this title discusses court decisions, pivotal events, and key individuals like Magnus Hirschfeld, Radclyffe Hall, Anita Bryant, and Harvey Milk, a San Francisco gay rights activist who was murdered by a town supervisor. What happens when a same-sex couple marrying in Denmark returns to the U.S. expecting to be treated as legally married? This one-of-a-kind reference explores the interplay of international politics with U.S. policies. Students, administrators and parents alike will discover a wealth of supportive data and statistics on hate crimes, adolescent suicide, military discrimination and much more.

Traces labor migration of women from Eastern Caribbean to oil-producing countries such as Venezuela, Trinidad, Curaðcao, and especially Aruba. Discusses women's participation in the labor force, gender relations, domestic service, the social and economic position of the migrants, and motherhood. Argues that US investments are an important factor in the migration of Caribbean women"--Handbook of Latin American Studies, v. 57.

This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants. In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.

This is the first law book entirely devoted to the subject of truth commissions. It sets forth standards of procedural fairness aimed at protecting the rights of those who come into contact with truth commissions - primarily victims, witnesses, and perpetrators. The aim of the book is to provide recommended criteria of procedural fairness for five possible components of a truth commission's mandate: the taking of statements, the use of subpoenas, the exercise of powers of search and seizure, the holding of victim-centered public hearings, and the publication of findings of individual responsibility in a final report (sometimes called the issue of 'naming names'). The book draws on the experience of past and present truth commissions, analogous investigative or fact finding bodies in several countries, and international standards of procedural fairness established and used by various UN bodies and international NGOs.

In this sequel to his prize-winning book,AThe Eyes of the People, Jeffrey Edward Green draws on philosophy, history, social science, and literature to ask what democracy can mean in a world where it is understood that socioeconomic status to some degree will always determine opportunities for civic engagement and career advancement. Under this shadow of unfairness, Green argues that the most advantaged class are rightly subjected to compulsory public burdens. And just as provocatively, he urges ordinary citizens living in polities permanently darkened by plutocracy to acknowledge their second-class status and the uncomfortable civic ethics that come with it - specifically an ethics whereby the pursuit of egalitarianism is informed, at least in part, by indignation, envy, uncivil modes of discourse, and even the occasional suspension of political care. Deeply engaged in the history of political thought,AThe Shadow of UnfairnessAis still first and foremost an effort to illuminate present-day politics. With the plebeians of ancient Rome as his muse, Green develops a plebeian conception of contemporary liberal democracy, at once disenchanted yet idealistic in its insistence that the Few-Many distinction might be enlisted for progressive purpose. Green's analysis is likely to unsettle all sides of the political spectrum, but its focus looks beyond narrow partisan concerns and aims instead to understand what the ongoing quest for free and equal citizenship might require once it is accepted that our political and educational systems will always be tainted by socioeconomic inequality.

Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency. The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.

Speech, Media, and Ethics: The Limits of Free Expression is an interdisciplinary work that employs ethics, liberal philosophy, and legal and media studies to outline the boundaries to freedom of expression and freedom of the press, defined broadly to include the right to demonstrate and to picket, the right to compete in elections, and the right to communicate views via the written and electronic media. Moral principles are applied to analyze practical questions that deal with free expression and its limits.

This collection of speeches by Amelia Jenks Bloomer, a 19th-century feminist reformer, explores women's issues and lives during the period from 1850 to 1880. Bloomer lived in Seneca Falls, New York, and was the founder of a woman's newspaper, the Lily. She supported dress reform and was internationally famous for her introduction of bloomers. She was a staunch supporter of women's rights and worked closely with Susan B. Anthony and Elizabeth Cady Stanton, whom she introduced to one another. Bloomer was an extremely popular public speaker who traveled throughout New York State and the mid-West lecturing on temperance and greater opportunities for women in employment and education. This volume is the only collection of her speeches, and Coon's introduction creates a narrative of Bloomer's life as the story of a shy, modest woman whose commitment to reform and the endorsement of a new style of women's dress catapulted her into public life.

Libya faces a bleak humanitarian crisis, the result of the country's descent into civil war in the summer of 2014 following the 2011 revolution. Hundreds of thousands of Libyan citizens are uprooted within the country and many more are sheltering in neighboring states, particularly Tunisia. Drawing on in-depth interviews with policymakers, practitioners, and displaced Libyans both inside and outside the country, Megan Bradley, Ibrahim Fraihat, and Houda Mzioudet present a brief, yet thoroughly illuminating assessment of the political, socioeconomic, security, humanitarian, and human rights implications of the continued displacement of Libyan citizens within and outside their country. Assessing the complex dimensions and consequences of the situation, Libya's Displacement Crisis lays the groundwork for what comes next. Acknowledging that the resolution of this crisis hinges on a negotiated end to the Libyan civil war, the authors present ideas to improve assistance strategies and to support durable solutions for displaced Libyans with implications for refugee crises in other parts of the world, including Syria and Iraq. Georgetown Digital Shorts -- longer than an article, shorter than a book -- deliver timely works of peer-reviewed scholarship in a fast-paced, agile environment. They present new ideas and original texts that are easily and widely available to students, scholars, libraries, and general readers.

Prisoners' rights is an area of constitutional law that is often overlooked. Combining an historical and strategic analysis, this study describes the doctrinal development of the constitutional rights of prisoners from the pre-Warren Court period through the current Rehnquist Court. Like many provisions in the Bill of Rights, the meaning of the Eighth Amendment's language on cruel and unusual punishment and the scope of prisoners' rights have been influenced by prevailing public opinion, interest group advocacy, and--most importantly--the ideological values of the nine individuals who sit on the Supreme Court. These variables are incorporated in a strategic analysis of judicial decision making in an attempt to understand the constitutional development of rights in this area.

Fliter examines dozens of cases spanning 50 years and provides a systematic analysis of strategic interaction on the Supreme Court. His results support the notion that justices do not simply vote their policy preferences; some seek to influence their colleagues and the broader legal community. In many cases there was evidence of strategic interaction in the form of voting fluidity, substantive opinion revisions, dissents from denial of certiorari, and lobbying to form a majority coalition. The analysis reaches beyond death penalty cases and includes noncapital cases arising under the Eighth Amendment, habeas corpus petitions, conditions of confinement cases, and due process claims.

Journalists have thoroughly documented David Duke's rise to prominence in Louisiana politics, but until now, few intensive analyses of the Duke phenomenon have been undertaken. This new collection identifies the significant junctures of Duke's political career, from its earliest beginnings to his recent campaigns for Governor, the Senate, and the Presidency. Through a variety of methods and approaches, the contributors to this work advance our understanding of what made this former Klansman a significant political force, and of how and why he very nearly succeeded in his attempts to gain higher office. The authors contend that the racial overtones of the 1950s and 1960s, both explicit and implicit, have returned in the 1990s in a more subtle, polished, and somehow socially acceptable way. They argue convincingly that changes in electoral politics throughout the South provide the structural basis for this "rebirth" of racially charged political campaigns. Even as messenger supplanted message in the rise of David Duke, however, one simple observation remained true: The politics of the South - and Louisiana in particular - remain rooted at least partly in, as V.O. Key phrased it, "the Negro question". The first work to study Duke and the politics of race entirely from a rigorous political science perspective, this collection makes a considerable contribution to our understanding of Duke's popularity, his constituencies, and the reasons for both his successes and his failures.

The oppression of minorities has been a major theme in the history of Europe. It has been a leading cause of disputes over territory, often resulting in war. In modern times nation states have demanded the undivided loyalty of their citizens. This has led to discrimination and racism, and often to the persecution, at its most extreme in the Nazi crusade against the Jews. Recent years have seen Ceausescu's persecution of Hungarians and ethnic cleansing in the Balkans. Minorities, represented by organisations such as the Basque ETA and the Northern Irish Catholic IRA, are also responsible for many of acts of terrorism.
Outsiders is the first history of all European minority communities by a single author. Panikos Panayi deals with the classic dispersed minorities, the Jews and the Gypsies, as well as the Muslims of the Balkans and the massive diaspora of Germans in eastern Europe from the middle ages to 1945. Almost all countries have disadvantaged ethnic and linguistic minorities: whether minorities without their own states, such as the Bretons, Scots, Vlachs and Kurds; or those, such as the Russians in Estonia or the Greeks in Turkey, who form linguistic and ethnic groups different to the native majorities. During wars, and in particular the Second World War, the existence of alien communities often led to persecution, in turn bringing about huge refugee migrations. The result has been untold suffering and the massive resettlement of European populations.
Since the Second World War, the demand for cheap labour has led to an influx of immigrants from outside Europe, whether from the Caribbean, India or Africa. This followed an earlier wave, in which workers from the relativelypoor Mediterranean countries travelled north to the industrial heartlands. There has also been a massive migration westwards of German-speakers. Although all EEC countries now operate strict controls on immigrants, there is enormous pressure from both the east, following the fall of Communism, and from the third world, where birth-rates greatly outstrip that of Europe. The existence of this pressure, as well as that of already sizeable non-European minority communities in all European countries, is an inevitable determinant of Europe's history in the twenty-first century.

"Tsesis lays out theoretical foundations that he argues should be intrinsic to a representative democracy . . . an important contribution to the literature about civil liberties and human rights."
--"Choice"

"The genuine accomplishment of Tsesis's book...is to focus the hate speech debate on explicitly normative issues."
--"Michigan Law Review"

"[A] comprehensive and brilliant book from both a historical and analytical perspective. Drawing from the lessons of history, Alexander Tsesis shows persuasively the relevance of the Thirteenth Amendment to a wide range of the social and economic issues currently facing America, and he offers highly creative arguments that support the use of congressional power under the Thirteenth Amendment as a potent and effective means of meeting and resolving these issues."
--G. Sidney Buchanan, Baker & Botts Chaired Professor of Law, University of Houston Law Center

"Tsesis vigorously presents a set of arguments that are rarely found in the conventional legal literature. . . . An interesting and challenging book."
--Sanford V. Levinson, W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law and Professor of Government, University of Texas at Austin School of Law

In this narrative history and contextual analysis of the Thirteenth Amendment, slavery and freedom take center stage. Alexander Tsesis demonstrates how entrenched slavery was in pre-Civil War America, how central it was to the political events that resulted in the Civil War, and how it was the driving force that led to the adoption of an amendment that ultimately provided a substantive assurance of freedom for all American citizens.

The story of howSupreme Court justices have interpreted the Thirteenth Amendment, first through racist lenses after Reconstruction and later influenced by the modern civil rights movement, provides valuable insight into the tremendous impact the Thirteenth Amendment has had on the Constitution and American culture. Importantly, Tsesis also explains why the Thirteenth Amendment is essential to contemporary America, offering fresh analysis on the role the Amendment has played regarding civil rights legislation and personal liberty case decisions, and an original explanation of the substantive guarantees of freedom for today's society that the Reconstruction Congress envisioned over a century ago.

The creation of a new public realm through the use of the Internet and ICT may positively promote political liberties and freedom of speech, but could also threaten the political and public autonomy of the individual. Human Rights and the Impact of ICT in the Public Sphere: Participation, Democracy, and Political Autonomy focuses on the new technological era as an innovative way to initiate democratic dialogue, but one that can also endanger individual rights to freedom, privacy, and autonomy. This reference book focuses on the new opportunities technology offers for political expression and will be of use to both academic and legal audiences, including academics, students, independent authorities, legislative bodies, and lawyers.

This book analyses the common law's approach to retroactivity. The central claim is that when a court considers whether to develop or change a common law rule the retroactive effect of doing so should explicitly be considered and, informed by the common law's approach to statutory construction, presumptively be resisted. As a platform for this claim a definition of 'retroactivity' is established and a review of the history of retroactivity in the common law is provided. It is then argued that certainty, particularly in the form of an ability to rely on the law, and a conception of negative liberty, constitute rationales for a general presumption against retroactivity at a level of abstraction applicable both to the construction of statutes and to developing or changing common law rules. The presumption against retroactivity in the construction of statutes is analysed, and one conclusion reached is that the presumption is a principle of the common law independent of legislative intent. Across private, public and criminal law, the retroactive effect of judicial decisions that develop or change common law rules is then considered in detail. 'Prospective overruling' is examined as a potential means to control the retroactive effect of some judicial decisions, but it is argued that prospective overruling should be regarded as constitutionally impermissible. The book is primarily concerned with English and Australian law, although cases from other common law jurisdictions, particularly Canada and New Zealand, are also discussed. The conclusion is that in statutory construction and the adjudication of common law rules there should be a consistently strong presumption against retroactivity, motivated by the common law's concern for certainty and liberty, and defeasible only to strong reasons. 'Ben Juratowitch not only gives an account of the operation of the presumption, but also teases out the policies which underlie the different rules. This is particularly welcome. Lawyers and judges often seem less than sure-footed when confronted by questions in this field. By giving us an insight into the policies, the author provides a basis for more satisfactory decision-making in the future...The author not only discusses the recent cases but examines the question in the light of authority in other Commonwealth jurisdictions and with due regard to the more theoretical literature. This is a valuable contribution to what is an important current debate in the law. Happily, Ben Juratowitch has succeeded in making his study not only useful, but interesting and enjoyable.' From the Foreword by Lord Rodger of Earlsferry

This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book's underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.

Dispelling the myth that women became involved in partisan politics only after they obtained the vote, this study uses contemporary newspaper sources to show that women were active in the party struggle long before 1920. Although their role was initially limited to attending rallies and hosting picnics, they gradually began to use their pens and voices to support party tickets. By the late 19th century, women spoke at party functions and organized all-female groups to help canvass neighborhoods and get out the vote. In the early suffrage states of the West, they voted in increasing numbers and even held a few offices. Women were particularly active, this book shows, in the minor reformist parties--Populist, Prohibitionist, Socialist, and Progressive--but eventually came to play a role in the major parties as well. Prominent suffrage leaders, such as Elizabeth Cady Stanton and Susan B. Anthony, entered the partisan arena in order to promote their cause. By the time the suffrage amendment was ratified, women were deeply involved in the mainstream political process.

Cleary examines the origins, spread, and results of human rights movements in Latin America, and he analyzes the mark such movements have made in world politics. He shows the enormous difficulties encountered by fledgling grassroots groups which first challenged military dictatorships over the disappeared, detention, torture, and pervasive repression. He chronicles the amazingly dynamic growth of human rights organizations, affecting democratic processes in Latin America and foreign policy in the United States. This book is particularly important because it establishes, for the first time, a record of why, how, where, and when the concept of human rights-not long ago absent as a practical concept-generates so powerful a Latin American response. The alliances so formed are shown to evoke continued popular support and to effect on-going fundamental changes in Latin America. An important survey to all scholars, researchers, and students of human rights and political affairs in Latin America.