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 book analyzes and compares the police's inner city presence in France, the US, and Britain. Its authors' research points to the idea that the creation of a more inclusive environment is a sound approach for cities looking to better maintain peace, reduce discrimination, and manage the dynamic between police and citizens in inner cities.

An updated and expanded revision of a popular book published in 1981, American Political Trials examines the role of politicized criminal trials and impeachments in U.S. history from the early colonial era to the late 20th century. Each chapter focuses on a trial representative of a particular era in the American past. The emphasis is on cases that resulted from political persecution, but the book also shows how defendants have exploited the judicial process to advance their political objectives. All of the chapters appearing in the earlier book have been updated. In addition, the volume includes new chapters on the 1637 trial of Anne Hutchinson and the 1989 trial of Lt. Col. Oliver North for his role in the Iran-Contra scandal. The book also includes an updated bibliographical essay.

This book adds impetus to the nexus between human rights, human rights education and material reality. The dissonance between these aspects is of growing concern for most human rights educators in various social contexts. The first part of the book opens up new discourses and presents new ontologies and epistemologies from scholars in human rights, human rights education and human rights literacies to critique and/or justify the understandings of human rights' complex applications. Today's rapidly changing social contexts and new languages attempting to understand ongoing dehumanization and violations, put enormous pressure on higher education, educators, individuals working in social sciences, policy makers and scholars engaged in curricula making.The second part demonstrates how global interactions between citizens from different countries with diverse understandings of human rights (from developed and developing democracies) question the link between human rights and it's in(ex)clusive Western philosophies. Continuing inhumane actions around the globe reflect the failure of human rights law and human rights education in schools, higher education and society at large. The book shows that human rights education is no longer a blueprint for understanding human rights and its universal or contextual values presented for multicomplexial societies. The final chapters argue for new ontologies and epistemologies of human rights, human rights education and human rights literacies to open-up difficult conversations and to give space to dissonant and disruptive discourses. The many opportunities for human rights education and literacies lies in these conversations.

This book includes original and ground breaking research into parliamentary law making and legislative responses to counter-terrorism in Australia. This book introduces new, holistic and evidenced-based methods of evaluating how parliaments deliberate on complex policy issues, and how they weigh up competing rights and interests. Although this book is focused on the Australian experience, it has relevance across all parliamentary democracies grappling with the challenges posed by ensuring robust rights protection whilst responding to the threat of terrorism. This book will be of relevance and interest to law makers, government administrators and public servants, law enforcement and intelligence agencies, political and legal scholars, law students and members of the legal profession. This book is designed to provide a unique, evidence-based perspective on Australia's parliamentary model of rights protection and on the experience of counter-terrorism law making in Australia since 2011. By focusing on the role and impact of the federal parliamentary committee system, this book offers a fresh perspective on the contemporary legal and political debate on the best legal mechanism for rights protection in Australia. By using counter-terrorism laws as a detailed case study, this book also contributes in a timely, authoritative way to the debate on balancing individual liberties with national security. Using a contemporary case study of Australia's counter-terrorism, this book employs a unique, three tiered methodology to explore the impact of the system of parliamentary committees system on federal laws. The findings in this book give rise to practical recommendations for reform and provide a fresh new perspectives on Australia's parliamentary model of rights protection. This book has broad implications for rights scholars and rights advocates contemplating new models of rights protection in Australia. This book offers important practical insights to other jurisdictions grappling with the challenges posed by ensuring robust rights protection whilst responding to the threat of terrorism.

This peer-reviewed book features essays on the Armenian massacres of 1915-1916. It aims to cast light upon the various questions of international law raised by the matter. The answers may help improve international relations in the region. In 1915-1916, roughly a million and a half Armenians were murdered in the territory of the Ottoman Empire, which had been home to them for centuries. Ever since, a dispute between Armenians and Turkey has been ongoing over the qualification of the massacres. The contributors to this volume examine the legal nature and consequences of this event. Their investigation strives to be completely neutral and technical. The essays also look at the broader issue of denial. For instance, in Turkey, public speech on the matter can still trigger criminal prosecution whereas in other European States denial of genocide, war crimes and crimes against humanity is criminalized. However, the European Court of Human Rights views criminal prosecution of denial of the Armenian massacres as unlawful. In addition, one essay considers a state's obligation to remember by looking at lessons learnt from the Inter-American Court of Human Rights. Another contributor looks at a collective right to remember and some ideas to move forward towards a solution. Moreover, the book explores the way the Armenian massacres have affected the relationship between Turkey and the European Union.

This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.

This book examines how and why liberalism and human rights have proven insufficient to protect immigrants. Contemporary immigration systems are characterized by increasing complexity and expanding enforcement, and frequently criticized for violating human rights and for causing death, exclusion and exploitation. The 'migrant crisis' can also be understood as a crisis of hospitality for liberal democracies. Through analysis of the immigration histories and political dynamics of Britain and the US, the book explains how these two archetypal liberal states have both sought to create a hostile environment for unwanted immigrants. The book provides a fresh and original perspective on the development of immigration systems, showing how they have become subject to the politics of fear and greed, and revealing how different traditions of hospitality have evolved, survived, and renewed.

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.

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.

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 represents a significant and timely contribution to the copious literature of the EU as a global actor providing new insights and fresh perspectives into the promotion of human rights and international labour standards in the EU's external trade relations, building on and stimulating further - the already well-engaged - scientific dialogue on this area of research. In particular, it provides the basis for developing a new analytical structure for better understanding the role of the EU in promoting human rights and international labour standards in global trade and, in particular, for assessing the extent to which and how normative considerations have influenced the adoption of EU legal instruments and policy decisions. This book will appeal to research scholars, post-graduate students, practitioners and human rights activists.

The historical context of family violence is explored, as well as the various forms of violence, their prevalence in specific stages of life, and responses to it made by the criminal justice system and other agencies. The linkage among child abuse, partner violence and elder abuse is scrutinized, and the usefulness of the life-course approach is couched in terms of its potential effect on policy implications; research methods that recognize the importance of life stages, trajectories, and transitions; and crime causation theories that can be enhanced by it.

'Extremely convincing' - Electronic Intifada For decades we have spoken of the 'Israel-Palestine conflict', but what if our understanding of the issue has been wrong all along? This book explores how the concept of settler colonialism provides a clearer understanding of the Zionist movement's project to establish a Jewish state in Palestine, displacing the Palestinian Arab population and marginalizing its cultural presence. Jeff Halper argues that the only way out of a colonial situation is decolonization: the dismantling of Zionist structures of domination and control and their replacement by a single democratic state, in which Palestinians and Israeli Jews forge a new civil society and a shared political community. To show how this can be done, Halper uses the 10-point program of the One Democratic State Campaign as a guide for thinking through the process of decolonization to its post-colonial conclusion. Halper's unflinching reframing will empower activists fighting for the rights of the Palestinians and democracy for all.

We are now entering an era where the human world assumes recognition of itself as data. Much of humanity's basis for existence is becoming subordinate to software processes that tabulate, index, and sort the relations that comprise what we perceive as reality. The acceleration of data collection threatens to relinquish ephemeral modes of representation to ceaseless processes of computation. This situation compels the human world to form relations with non-human agencies, to establish exchanges with software processes in order to allow a profound upgrade of our own ontological understanding. By mediating with a higher intelligence, we may be able to rediscover the inner logic of the age of intelligent machines. In The End of the Future, Stephanie Polsky conceives an understanding of the digital through its dynamic intersection with the advent and development of the nation-state, race, colonization, navigational warfare, mercantilism, and capitalism, and the mathematical sciences over the past five centuries, the era during which the world became "modern." The book animates the twenty-first century as an era in which the screen has split off from itself and proliferated onto multiple surfaces, allowing an inverted image of totalitarianism to flash up and be altered to support our present condition of binary apperception. It progresses through a recognition of atomized political power, whose authority lies in the control not of the means of production, but of information, and in which digital media now serves to legitimize and promote a customized micropolitics of identity management. On this new apostolate plane, humanity may be able to shape a new world in which each human soul is captured and reproduced as an autonomous individual bearing affects and identities. The digital infrastructure of the twenty-first century makes it possible for power to operate through an esoteric mathematical means, and for factual material to be manipulated in the interest of advancing the means of control. This volume travels a course from Elizabethan England, to North American slavery, through cybernetic Social Engineering, Cold War counterinsurgency, and the (neo)libertarianism of Silicon Valley in order to arrive at a place where an organizing intelligence that started from an ambition to resourcefully manipulate physical bodies has ended with their profound neutralization.

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.

In Arab Revolution in the 21st Century?, Nader Fergany presents a compassionate analysis of the Arab popular uprisings in the 21st century, with particular reference to the cases of Egypt and Tunisia. Under authoritarian rule, relentless injustice creates the objective conditions for expressions of popular protest which may culminate in popular uprisings, as witnessed in many Arab countries at the end of the first decade of the 21st century. Unsurprisingly, the slogans of the Arab Liberation Tide (ALT) popular revolts centered around freedom, implying sound democratic governance, social justice, and human dignity for all. In reality, the short-lived governance arrangements which followed the January 2011 popular revolt in Egypt, for example, were little more than extensions of the authoritarian governance system the revolt set out to overthrow. There were differences, of course, between the three short-lived regimes that took power since then, but in form, rather than substance. This book uses a structuralist political economy framework rather than a detailed historical account as it considers how the ALT may prove to be an historic opportunity for human renaissance in the Arab World - or alternatively a disaster of epic proportions.

"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.

In September 1993 a unique dialogue took place. Humanists from around the country gathered in Salt Lake City, Utah, to exchange ideas with Mormons on the topics of feminism, freedom of conscience, academic freedom in Mormon universities, and clashes between "dissident intellectuals" and Mormon church authorities. Of particular concern in the discussion was the recent excommunication of members of the Mormon church and the departure of two professors from Brigham Young University for allegedly expressing ideas at variance with church teachings. Ironically, despite such conflicts, Mormons officially and individually endorse freedom of conscience; the dignity of the human right to exercise free agency is a principle rooted in the Mormon as well as the humanist tradition. On this basis for mutual understanding, the dialogue between the two diverse cultures of Mormonism and humanism proceeded. George D. Smith has collected twelve essays, all but one of which were presented at the Utah conference, for this thought-provoking volume. Among the subjects covered are ecclesiastical abuse and the excommunicated "September Six", academic freedom at Brigham Young University, the politics of exclusivity, and free inquiry in a religious context. Paul Kurtz, editor of Free Inquiry, introduces the discussion with an overview of "Humanism and the Idea of Freedom". The volume concludes with a 1939 essay by noted American journalist Walter Lippmann entitled "The Indispensable Opposition".

This book assesses the extent to which an emphasis on national security and prioritization of state interests has dominated governance policy-making in Northeast and Southeast Asia, at the expense of human security, human development, and human rights. The findings are that in many cases, there are embedded structural obstacles to achieving human-centered governance objectives in the region. These relate to the role of the military, historical authoritarian legacies, and new authoritarian trends. Contributors examine not only the most obvious instances of military domination of governance in the region (North Korea with its "Military First" philosophy, Thailand since the 2014 coup, and Myanmar with its long history of military rule), but also less well known examples of the influence of conflict legacies upon governance in Cambodia, Timor-Leste, and Laos, as well as the emergence of new reservoirs of power and resources for the forces of authoritarianism.

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.

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.