Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins, Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.

A unique defense of Federalism, making the case that constitutional law in America-encompassing the systems of all 51 governments-should have a role in assessing the right balance of power among all branches of our state and federal governments. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? Who wins the disputes of the day often turns on who decides them. And our acceptance of the resolution of those disputes often turns on who the decision maker is-because it reveals who governs us. In Who Decides, the influential US Appellate Court Judge Jeffrey S. Sutton focuses on the constitutional structure of the American states to answer the question of who should decide the key questions of public policy today. By concentrating on the role of governmental structure in shaping power across the 50 American states, Sutton develops a powerful explanation of American constitutional law, in all of its variety, as opposed to just federal constitutional law. As in his earlier book, 51 Imperfect Solutions, which looked at how American federalism allowed the states to serve as laboratories of innovation for protecting individual liberty and property rights, Sutton compares state-level governments with the federal government and draws numerous insights from the comparisons. Instead of focusing on individual rights, however, he focuses on structure, while continuing to develop some of the core themes of his previous book. An illuminating and essential sequel to his earlier work on the nature of American federalism, Who Decides makes the case that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in assessing the right balance of power among all branches of government. Taken together, both books reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has the answers to our vexing constitutional questions.

In recent years, law and religion scholarship has increasingly emphasized the need to study the interaction of legal and religious ideas and institutions, norms and practices. The overall question that this scholarship explores may be stated as follows: how do legal and religious ideas and institutions, methods and mechanisms, beliefs and believers influence each other, for better and for worse, in the past, present and future? This volume engages this area of scholarship by examining how law regulates religion, and how religion responds to such regulations. It examines underlying norms influencing state regulation of religion, and challenges emerging from such regulation. Importantly, this volume will go beyond the conventional enquiries that draw upon the Anglo-European approaches and experiences, and emphasize instead Asian perspectives in order to expand and build upon existing understandings about the complex relationship between law and religion.

Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins, Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.

In identifying a number of 'fuzzy border' cases (notably where pensionable age, pregnancy, residence, and marriage, are proxies for unlawful discrimination), Equality, Discrimination and the Law argues that the traditional notions of discrimination and victimisation are inadequate to implement equality policy and cannot represent fully the reality of discriminatory practices. When Mr and Mrs James - each aged 61 - went swimming, Mr James was charged for entry, while Mrs James was admitted free. The reason was that the local authority offered free swimming to those of 'pensionable age' (at the time, 65 for men and 60 for women). The House of Lords found that Mr James had suffered direct sex discrimination. This majority plurality decision indicated that sometimes a given set of facts does not neatly accord to traditional definitions of discrimination. This in turn encourages the judiciary to shape the law to fit the facts, which results in an inconsistent body of law full of 'fuzzy borders'. Starting with the James case, this book investigates a number of 'fuzzy border' cases in the EU and UK based on nationality discrimination, notions of indirect discrimination, pregnancy and sex discrimination, marriage and sexual orientation discrimination, perceived discrimination, and victimisation. The argument concludes that fixed notions such as 'direct and indirect discrimination are mutually exclusive' do not stand up to scrutiny and that it must be recognised that the traditional concepts of discrimination and victimisation do not reflect the reality of practice. This work is essential reading for students, scholars and practitioners in all EU and English-speaking jurisdictions, particularly post-graduates, Policy/Law-makers, and those on dedicated equality undergraduate courses.

For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints. Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture. Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law. Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain. Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner

Paradigmatic transition is the idea that ours is a time of transition between the paradigm of modernity, which seems to have exhausted its regenerating capacities, and another, emergent time, of which so far we have seen only signs. Modernity as an ambitious and revolutionary sociocultural paradigm based on a dynamic tension between social regulation and social emancipation, the prevalent dynamic in the sixteenth century, has by the twenty-first century tilted in favour of regulation, to the determent of emancipation. The collapse of emancipation into regulation, and hence the impossibility of thinking about social emancipation consistently, symbolizes the exhaustion of the paradigm of modernity. At the same time, it signals the emergence of a new paradigm or new paradigms. This updated 2020 edition is written for students taking law and globalization courses, and political science, philosophy and sociology students doing optional subjects.

In the global race to reach the end of AIDS, why is the world slipping off track? The answer has to do with stigma, money, and data. Global funding for AIDS response is declining. Tough choices must be made: some people will win and some will lose. Global aid agencies and governments use health data to make these choices. While aid agencies prioritize a shrinking list of countries, many governments deny that sex workers, men who have sex with men, drug users, and transgender people exist. Since no data is gathered about their needs, life-saving services are not funded, and the lack of data reinforces the denial. The Uncounted cracks open this and other data paradoxes through interviews with global health leaders and activists, ethnographic research, analysis of gaps in mathematical models, and the author's experience as an activist and senior official. It shows what is counted, what is not, and why empowering communities to gather their own data could be key to ending AIDS.

Paradigmatic transition is the idea that ours is a time of transition between the paradigm of modernity, which seems to have exhausted its regenerating capacities, and another, emergent time, of which so far we have seen only signs. Modernity as an ambitious and revolutionary sociocultural paradigm based on a dynamic tension between social regulation and social emancipation, the prevalent dynamic in the sixteenth century, has by the twenty-first century tilted in favour of regulation, to the determent of emancipation. The collapse of emancipation into regulation, and hence the impossibility of thinking about social emancipation consistently, symbolizes the exhaustion of the paradigm of modernity. At the same time, it signals the emergence of a new paradigm or new paradigms. This updated 2020 edition is written for students taking law and globalization courses, and political science, philosophy and sociology students doing optional subjects.

* Grounded in context, explaining how Public Law operates in practice. For example, this would provide students with an overview of the practical steps in a judicial review application and examples of relevant documents. This approach would be mindful of the changing curriculum legal education in light of the Solicitors Regulation Authority's proposals with the SQ1 and SQ2 exam. * Provide a balance in terms of content between Constitutional Law, Human Rights and Administrative Law, in order for the proposed text to be suited to a large number of Public Law courses. * Includes fully integrated pedagogy to help visual learners work through the more complex material. Some features, such as maps, are not commonly seen in Public Law textbooks.

The legal system affects behavior not just directly, by imposing sanctions, but also indirectly, by producing information on how people behave. For example, internal company documents exposed during litigation will help third parties assess whether they trust a company and want to keep doing business with it. The law therefore affects behavior by shaping reputations. Drawing on economics, communications, and a nascent multidisciplinary literature on reputation, Roy Shapira highlights how reputation works, and how information from the courtroom affects the court of public opinion, with a particular emphasis on the role of the media. By fleshing out interactions between law and reputation, Shapira corrects common misperceptions about the ability of market forces to discipline corporate behavior and adds to timely, ongoing debates such as the desirability of heightened pleading standards or mandatory arbitration clauses. Law and Reputation should interest any scholar who invokes notions of market discipline in their work.

As a black child growing up in inner-city neighborhoods in Philadelphia and Los Angeles, John Baugh witnessed racial discrimination at a young age and began to notice correlations between language and race. While attending college he worked at a Laundromat serving African Americans who were often subjected to mistreatment by the police. His observations piqued his curiosity about the ways that linguistic diversity might be related to the burgeoning Civil Rights movement for racial equality in America. Baugh pursued these ideas whilst traveling internationally only to discover alternative forms of linguistic discrimination in Europe, Africa, Asia, Australia, the Caribbean and South America. He coined the phrase 'linguistic profiling' based on experimental studies of housing discrimination, and expanded upon those findings to promote equity in education, employment, medicine and the law. This book is the product of the culmination of these studies, devoted to the advancement of equality and justice globally.

Combines detailed coverage of the substantive law with support for development of the key skills of problem-solving, critical analysis and application of legal authority. Clear engaging writing style which encourages students and supports learning. Contemporary every-day examples provide context and help bring contract law to life. Technical and unfamiliar terms are defined at first use and listed in an end-of-chapter glossary. Assessment tips highlight opportunities to stand out from the crowd or avoid common mistakes and help students understand what examiners are looking for.

The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law--a position that many believe is both ethically necessary and in the nation's best interests.

With "The Perils of Global Legalism," Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism--an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusions--such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials--on which the legalistic view is founded. Drawing on such examples as NATO's invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitions--and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests.

Provocative and sure to be controversial, "The Perils of Global Legalism" will serve as a wake-up call for those who view global legalism as a panacea--and a reminder that international relations in a brutal world allow no room for illusions.

In recent decades, the issue of gender-based violence has become heavily politicized in India. Yet, Indian law enforcement personnel continue to be biased against women and overburdened. In Capable Women, Incapable States, Poulami Roychowdhury asks how women claim rights within these conditions. Through long term ethnography, she provides an in-depth lens on rights negotiations in the world's largest democracy, detailing their social and political effects. Roychowdhury finds that women interact with the law not by following legal procedure or abiding by the rules, but by deploying collective threats and doing the work of the state themselves. And they behave this way because law enforcement personnel do not protect women from harm but do allow women to take the law into their own hands.These negotiations do not enhance legal enforcement. Instead, they create a space where capable women can extract concessions outside the law, all while shouldering a new burden of labor and risk. A unique theory of gender inequality and governance, Capable Women, Incapable States forces us to rethink the effects of rights activism across large parts of the world where political mobilization confronts negligent criminal justice systems.

This book will aid understanding and interpretation of the Californian, UK and Australian Modern Slavery Acts, and will provide an in-depth three-way comparative analysis between the three Acts. Modern slavery is a new legal compliance issue, with new legislation enacted in California (Transparency in Supply Chains Act, 2010), the UK (Modern Slavery Act, 2015) and most recently, Australia (Modern Slavery Act, 2018). Such legislation mandates that business of a certain size annually disclose the steps that they are taking to ensure that modern slavery is not occurring in their own operations and supply chains. The legislation applies to businesses wherever incorporated or formed. Key aspects of primary focus will include lessons learned from the California, UK and Australian experience and central arguments on contentious issues, for example: monetary threshold for determining reporting entities, penalties for non-compliance, compliance lists and appointment of an Anti-Slavery Commissioner. The book will also discuss how contentious issues were ultimately resolved and will undertake a comparative analysis of the Californian, UK and Australian Acts. Modern Slavery Legislation will be of interest to academics and students of business and human rights law.

Ishita Pande's innovative study provides a dual biography of India's path-breaking Child Marriage Restraint Act (1929) and of 'age' itself as a key category of identity for upholding the rule of law, and for governing intimate life in late colonial India. Through a reading of legislative assembly debates, legal cases, government reports, propaganda literature, Hindi novels and sexological tracts, Pande tells a wide-ranging story about the importance of debates over child protection to India's coming of age. By tracing the history of age in colonial India she illuminates the role of law in sculpting modern subjects, demonstrating how seemingly natural age-based exclusions and understandings of legal minority became the alibi for other political exclusions and the minoritization of entire communities in colonial India. In doing so, Pande highlights how childhood as a political category was fundamental not just to ideas of sexual norms and domestic life, but also to the conceptualisation of citizenship and India as a nation in this formative period.

This book explores the role of mens rea, broadly defined as a factor in jury assessments of guilt and innocence from the early thirteenth through the fourteenth century - the first two centuries of the English criminal trial jury. Drawing upon evidence from the plea rolls, but also relying heavily upon non-legal textual sources such as popular literature and guides for confessors, Elizabeth Papp Kamali argues that issues of mind were central to jurors' determinations of whether a particular defendant should be convicted, pardoned, or acquitted outright. Demonstrating that the word 'felony' itself connoted a guilty state of mind, she explores the interplay between social conceptions of guilt and innocence and jury behavior. Furthermore, she reveals a medieval understanding of felony that involved, in its paradigmatic form, three essential elements: an act that was reasoned, was willed in a way not constrained by necessity, and was evil or wicked in its essence.

Corruption is one of the most prominent issues in Latin American news cycles, with charges deciding the recent elections in Mexico, Brazil, and Guatemala. Despite the urgency of the matter, few recent historical studies on the topic exist, especially on Mexico. For this reason, Christoph Rosenmuller explores the enigma of historical corruption. By drawing upon thorough archival research and a multi-lingual collection of printed primary sources and secondary literature, Rosenmuller demonstrates how corruption in the past differed markedly from today. Corruption in Mexico's colonial period connoted the obstruction of justice; judges, for example, tortured prisoners to extract cash or accepted bribes to alter judicial verdicts. In addition, the concept evolved over time to include several forms of self-advantage in the bureaucracy. Rosenmuller embeds this important shift from judicial to administrative corruption within the changing Atlantic World, while also providing insightful perspectives from the lower social echelons of colonial Mexico.

AI and people do not compete on a level-playing field. Self-driving vehicles may be safer than human drivers, but laws often penalize such technology. People may provide superior customer service, but businesses are automating to reduce their taxes. AI may innovate more effectively, but an antiquated legal framework constrains inventive AI. In The Reasonable Robot, Ryan Abbott argues that the law should not discriminate between AI and human behavior and proposes a new legal principle that will ultimately improve human well-being. This work should be read by anyone interested in the rapidly evolving relationship between AI and the law.

As DNA forensic profiling and databasing become established as key technologies in the toolbox of the forensic sciences, their expanding use raises important issues that promise to touch everyone's lives. In an authoritative global investigation of a diverse range of countries, including those at the forefront of these technologies' development and use, this book identifies and provides critical reflection upon the many issues of privacy; distributive justice; DNA information system ownership; biosurveillance; function creep; the reliability of collection, storage and analysis of DNA profiles; the possibility of transferring medical DNA information to forensics databases; and democratic involvement and transparency in governance, an emergent key theme. This book is timely and significant in providing the essential background and discussion of the ethical, legal and societal dimensions for academics, practitioners, public interest and criminal justice organisations, and students of the life sciences, law, politics, and sociology.

After colonization, indigenous people faced an extractive property rights regime for both their land and knowledge. This book outlines that regime, and how the symbolic function of international intellectual property continues today to assist states to enclose indigenous peoples' knowledge. Drawing on more than 200 interviews, Peter Drahos examines the response of indigenous people to the colonizer's non-developmental property rights. The case studies reveal how they have adapted to the state's extractive order through a process of regulatory bricolage. In order to create a new developmental future for themselves, indigenous developmental networks have been forged - high trust networks that include partnerships with science. Intellectual Property, Indigenous People and their Knowledge argues for a developmental intellectual property order for indigenous people based on a combination of simple rules, principles and a process of regulatory convening.

Justice reinvestment was introduced as a response to mass incarceration and racial disparity in the United States in 2003. This book examines justice reinvestment from its origins, its potential as a mechanism for winding back imprisonment rates, and its portability to Australia, the United Kingdom and beyond. The authors analyze the principles and processes of justice reinvestment, including the early neighborhood focus on 'million dollar blocks'. They further scrutinize the claims of evidence-based and data-driven policy, which have been used in the practical implementation strategies featured in bipartisan legislative criminal justice system reforms. This book takes a comparative approach to justice reinvestment by examining the differences in political, legal and cultural contexts between the United States and Australia in particular. It argues for a community-driven approach, originating in vulnerable Indigenous communities with high imprisonment rates, as part of a more general movement for Indigenous democracy. While supporting a social justice approach, the book confronts significantly the problematic features of the politics of locality and community, the process of criminal justice policy transfer, and rationalist conceptions of policy. It will be essential reading for scholars, students and practitioners of criminal justice and criminal law.

This book provides a theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines. It explores the history of this prohibition, the current legal doctrine, and future applications of the Eighth Amendment. With contributions from the leading academics and experts on the Eighth Amendment and the wide range of punishments and criminal justice actors it touches, this volume addresses constitutional theory, legal history, federalism, constitutional values, the applicable legal doctrine, punishment theory, prison conditions, bail, fines, the death penalty, juvenile life without parole, execution methods, prosecutorial misconduct, race discrimination, and law & science.

This volume provides an authoritative, cutting-edge resource on the characteristics of both technological and social change in warfare in the twenty-first century, and the challenges such change presents to international law. The character of contemporary warfare has recently undergone significant transformation in several important respects: the nature of the actors, the changing technological capabilities available to them, and the sites and spaces in which war is fought. These changes have augmented the phenomenon of non-obvious warfare, making understanding warfare one of the key challenges. Such developments have been accompanied by significant flux and uncertainty in the international legal sphere. This handbook brings together a unique blend of expertise, combining scholars and practitioners in science and technology, international law, strategy and policy, in order properly to understand and identify the chief characteristics and features of a range of innovative developments, means and processes in the context of obvious and non-obvious warfare. The handbook has six thematic sections: Law, war and technology Cyber warfare Autonomy, robotics and drones Synthetic biology New frontiers International perspectives. This interdisciplinary blend and the novel, rich and insightful contribution that it makes across various fields will make this volume a crucial research tool and guide for practitioners, scholars and students of war studies, security studies, technology and design, ethics, international relations and international law.