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.

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 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.

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.

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.

This work offers a timely philosophical analysis of interrelated normative questions concerning immigration and citizenship in relation to the global context of multiple nation states. In it, philosophers and scholars from the social sciences address both fundamental questions in moral and political philosophy as well as specific issues concerning policy. Topics covered in this volume include: the concept and the role of citizenship, the equal rights and representation of citizens, general moral frameworks for addressing immigration issues, the duty to obey immigration law, the use of ethnic, cultural, or linguistic criteria for selective immigration, domestic violence as grounds for political asylum, and our duty to refugees in general. The urgency of the need to discuss these matters is clear. Several humanitarian crises involving human migration across national boundaries stemming from war, economic devastations, gang violence, and violence in ethnic or religious conflicts have unfolded. Political debates concerning immigration and immigrant communities are continuing in many countries, especially during election years. While there have always been migrating human beings, they raise distinctive issues in the modern era because of the political context under which the migrations take place, namely, that of a system of sovereign nation states with rights to control their borders and determine their memberships. This collection provides readers the opportunity to parse these complex issues with the help of diverse philosophical, moral, and political perspectives.

The urge to censor is as old as the urge to speak. From the first Chinese emperor's wholesale elimination of books to the Vatican's suppression of pornography from its own collection, and on to the attack on Charlie Hebdo and the advent of Internet troll armies, words, images and ideas have always been hunted down by those trying to suppress them. In this compelling account, Eric Berkowitz reveals why and how humanity has, from the beginning, sought to silence itself. Ranging from the absurd - such as Henry VIII's decree of death for anyone who 'imagined' his demise - to claims by American slave owners that abolitionist literature should be supressed because it hurt their feelings, Berkowitz takes the reader on an unruly ride through history, highlighting the use of censorship to reinforce class, race and gender privilege and guard against offence. Elucidating phrases like 'fake news' and 'hate speech', Dangerous Ideas exposes the dangers of erasing history, how censorship has shaped our modern society and what forms it is taking today - and to what disturbing effects.

With a foreword by Prof. Paolo Palchetti The topic of this book is the participation of the EU in international dispute settlement. It aims to provide the reader with an appraisal of the most problematic aspects connected with the participation of a sui generis legal subject such as the EU to international dispute settlement mechanisms in a State-centric international law. In particular, the publication dwells on the question of how to make possible an effective participation in disputes while at the same time preserving the specific characteristics (i.e. the autonomy) of the EU legal order. It does so by outlining different models and proposing the internalization model adopted under EU investment agreements as a possible paradigm. It is aimed at academics, practitioners and graduate students as well as EU officials and judges who should find the issues discussed both useful and of interest for staying up-to-date on the scholarly discussion and of their relevance to case law. Luca Pantaleo is a Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. He obtained a PhD in International and EU Law in 2013 at the University of Macerata in Italy and was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg. Specific to this book: * Provides an up-to-date analysis of a current problem* The topic of the book is located at the intersection between international and EU law* Fills an important gap in the available literature

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.

Anthropologist and social critic Ghassan Hage explores one of the most complex and troubling of modern phenomena: the desire for a white nation.

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aIt addresses a powerful topic. It is a conceptually creative piece of scholarship, forged from a sophisticated interdisciplinary viewpoint.a
-- The Law and Politics Book Review

"A rich and exceptionally clear account of the meaning-making context and constitution of citizenship."
--Christine Harrington, Institute for Law and Society, New York University

"Mark Weiner provides a rare and radical insight into the racial structures of American law. Reading this racial history through the rhetoric of case law decisions--juridical racialism--provides a dramatic sense of the anthropological scope of what law has done and potentially continues to do."
--Peter Goodrich, Cardozo School of Law

"An enthralling mixture of personages and cases that reveals much about the intimate combining of law and 'American' imperialism, including the complicities of scholarship."
--Peter Fitzpatrick, Birkbeck School of Law, University of London

"Juridical racialism is legal rhetoric infused with Anglo-Saxon racial superiority and Weiner shows how it operated from the Gilded Age to the decision in Brown v. Board of Education. Reading the news, one wonders if it is not still operating today."
--John Brigham, University of Massachusetts, Amherst

Americans Without Law shows how the racial boundaries of civic life are based on widespread perceptions about the relative capacity of minority groups for legal behavior, which Mark S. Weiner calls "juridical racialism." The book follows the history of this civic discourse by examining the legal status of four minority groups in four successive historical periods: American Indiansin the 1880s, Filipinos after the Spanish-American War, Japanese immigrants in the 1920s, and African Americans in the 1940s and 1950s.

Weiner reveals the significance of juridical racialism for each group--and, in turn, Americans as a whole--by examining the work of anthropological social scientists who developed distinctive ways of understanding racial and legal identity, and through decisions of the U.S. Supreme Court that put these ethno-legal views into practice. Combining history, anthropology, and legal analysis, the book argues that the story of juridical racialism shows how race and citizenship served as a nexus for the professionalization of the social sciences, the growth of national state power, economic modernization, and modern practices of the self.

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.

From Caitlyn Jenner to Laverne Cox, transgender people have rapidly gained public visibility, contesting many basic assumptions about what gender and embodiment mean. The vibrant discipline of Trans Studies explores such challenges in depth, building on the insights of queer and feminist theory to raise provocative questions about the relationships among gender, sexuality, and accepted social norms. Trans Studies is an interdisciplinary essay collection, bringing together leading experts in this burgeoning field and offering insights about how transgender activism and scholarship might transform scholarship and public policy. Taking an intersectional approach, this theoretically sophisticated book deeply grounded in real-world concerns bridges the gaps between activism and academia by offering examples of cutting-edge activism, research, and pedagogy.

The book theoretically examines the recent and topical debates over democracy and social rights, arguing that there are four fundamental rights that should be constitutionalized; minimum income; housing; healthcare; and education. The theoretical discussion is explored within an analysis of important legal cases.

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.

This study focuses on the field of security studies through the prism of migration. Using ethnographic methods to illustrate an experiential theory of security taken from the perspective of migrants and asylum seekers in Europe, it effectively offers a means of moving beyond state-based and state-centric theories in International Relations.

Slavery has taken on added significance in the twenty-first century as a result of its inclusion in the Statute of the International Criminal Court and it being a component part of the 2001 UN and 2005 Council of Europe conventions against trafficking. With limited and conflicting case-law on the issue, the compiling of the Travaux Preparatoires of the 1926 League of Nations and the 1956 United Nations conventions become essential in seeking to holding States or individuals responsible for violations of international law touching on slavery. The Travaux Preparatoires of the slavery conventions provide insights into the definitions of slavery, the slave trade, and various types of servile statuses while revealing information regarding the various obligations that States have undertaken to suppress the various manifestations of human exploitation.

Anthropologists, historians, and sociologists will find here a striking challenge to accepted explanations of the northward movement of migrants from Mexico into the United States. Alvarez investigates the life histories of pioneer migrants and their offspring, finding a human dimension to migration which centers on the family. Spanish, American, and English exploits paved the way for exchange between Baja and Alta California. Alvarez shows how cultural stability actually increased as migrants settled in new locations, bringing their common values and memories with them.

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"Contributes[s] interesting new dimensions to the literature on Jews and blacks in the United States."
--"The Journal of American History"

"A fascinating text which adds to our understanding of recent Jewish Left and feminist politics and activism"
"--Australian Jewish News, Aug. 2001"

"Blending together 15 oral histories and archival research, Schultz shows how northern Jewish women's commitment to social justice - informed in part by living in the shadow of the Holocaust - played out in a time of enormous political, social, and personal upheaval...Sharply observant of her informants' lives, Schultz opens a new window not only into the civil rights movement but also into the sociology of mid-century Jewish-American culture. Her analysis is most impressive at the book's end, when she perceptively describes the protean nature of Jewish identities in the U.S. Such insightful cultural readings and criticism make this a fine contribution to both the literature of the civil rights movement and the field of Jewish studies."
"--Publishers Weekly"

"Schultz's book makes a substantial contribution to feminist scholarship, but in the end it is also a call to renewed action - to never forget the sacrifices of previous generations."
--"The Journal of Southern History"

"A well-written, serious, and important book. I learned a great deal from this interesting and rich study."
"--Joyce Antler, author of The Journey Home: How Jewish Women Shaped Modern America"

""Going South" is a heartfelt plea for incorporating women's activism into social movement history."
--Linn Shapiro, "American Jewish History"

"Going South is aremarkable book, reflecting the experiences of fifteen women who joined the 1960s civil rights movement showing how and why they got there, what role, if any religion played in their lives, and what happened to them afterwards."
--"Journal of American Studies"

"The strength of the book is that it is based on interviews; the reader is introduced to each women, her family, the work she performed in the South, the people she met and the difficulties she overcame while there."--"Jewish Observer"

Many people today know that the 1964 murder in Mississippi of two Jewish men--Mickey Schwerner and Andrew Goodman--and their Black colleague, James Chaney, marked one of the most wrenching episodes of the civil rights movement. Yet very few realize that Andrew Goodman had been in Mississippi for one day when he was killed; Rita Schwerner, Mickey's wife, had been organizing in Mississippi for six difficult months.

Organized around a rich blend of oral histories, Going South followsa group of Jewish women--come of age in the shadow of the Holocaust and deeply committed to social justice--who put their bodies and lives on the line to fight racism. Actively rejecting the post-war idyll of suburban, Jewish, middle-class life, these women were deeply influenced by Jewish notions of morality and social justice. Many thus perceived the call of the movement as positively irresistible.

Representing a link between the sensibilities of the early civil rights era and contemporary efforts to move beyond the limits of identity politics, the book provides a resource for all who are interested in anti-racism, the civil rights movement, social justice, Jewish activism and radical women's traditions.

Many thousands of Irish peasants fled from the country in the terrible famine winter of 1847-1848, following the road to the ports and the Liverpool ferries to make the dangerous passage across the Atlantic. The human toll of "Black '47", the worst year of the famine, is notorious, but the lives of the emigrants themselves have remained largely hidden, untold because of their previous obscurity and deep poverty. In The End of Hidden Ireland, Robert Scally brings their lives to light. Focusing on the townland of Ballykilcline in Roscommon, Scally offers a richly detailed portrait of Irish rural life on the eve of the catastrophe. From their internal lives and values, to their violent conflict with the English Crown, from rent strikes to the potato blight, he takes the emigrants on each stage of their journey out of Ireland to New York. Along the way, he offers rare insights into the character and mentality of the immigrants as they arrived in America in their millions during the famine years. A brilliant analysis, rich with metaphors, The End of Hidden Ireland demonstrates the impact of modernization on Irish peasant behavior and makes a major contribution to migration, peasant, and famine studies. This book is also a tale of adventure and human survival, one that does justice to a tragic generation with sympathy but without sentiment.

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

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.

This work explores the varied and complex ways in which women in a variety of occupational and social categories experience international migration. The chapters are concerned primarily with the question of whether international migration provides women with opportunities for liberating themselves from subordinate gender roles in their countries of origin. At the same time, the authors discuss whether migrant women face both traditional and new forms of subordination and discrimination in their host societies.

Beginning with colonial times and moving to the present, Otten examines women's struggle for social, economic, political, and civic equality, using key Supreme Court decisions as the basis for chronicling the changing position of women in American society. Otten provides students with a knowledge base from which to address questions such as: Does the Constitution really protect women? Despite gains in status and legal protection, has the position of women in society really improved? What is the ultimate status of women as defined by U.S. law? Do the decisions of the Supreme Court reflect a consistency in the Court's thinking regarding women and their rightful place in society? When addressing issues related to women's rights, have the Justices of the Court engaged in social activism or simple judicial interpretation? Throughout, the author emphasizes that women's struggle for self-determination and equality is also that of men's.