This book makes the unconventional claim that all of the rights in the U.S. Constitution are unified since they are derived from the same sources. Using the U.S. Supreme Court's controversial decision of Kelo v. City of New London to explore one of the most important constitutional questions of our time, this book reaches across disciplines and subfields to bring forth an innovative understanding of rights. The book derives its understanding of rights from historical sources and philosophical texts which then serve as the basis for the empirically backed claim that rights in U.S. have been sacrificed for partisan gain and that the unbiased protection of rights is the only manner in which a free and equitable government and economy can be sustained. Given the theoretical and practical implications of the property rights debate, understanding it is important for everyone in the U.S. and abroad.

The millennial generation is quickly becoming more prominent in the political, economic, and social aspects of modern society. Studying new techniques which foster positive impact in their engagement with the outside world can help the millennial generation become one of the most constructive groups to date. Fostering Positive Civic Engagement Among Millennials: Emerging Research and Opportunities is an essential reference source that provides in-depth discussions on the latest trends among millennial engagement practices in social and political contexts. Featuring pertinent topics such as student self-assessments, mentoring roles, and educational tools, this scholarly resource is ideal for educational leaders, academicians, students, and researchers that would like to discover better ways to promote engagement within the millennial generation.

Volume 10 of the EYIEL focusses on the relationship between transnational labour law and international economic law on the occasion of the 100th anniversary of the International Labour Organisation (ILO). As one of the oldest UN Agencies, the ILO has achieved considerable progress with respect to labour rights and conditions. The contributions to EYIEL Volume 10 assess these achievements in light of current and future challenges. The ILO's core instruments and legal documents are analysed and similarly the impact labour standards have on trade and investment agreements. In its regional section, EYIEL 10 addresses recent developments in the US and the EU, including the US' trade policy strategy towards China as well as the reform of the NAFTA. In its part on institutions, EYIEL 10 focusses inter alia on the role of the rule of law in relation to current practices of the International Monetary Fund and of the WTO's Appellate Body as an international court. Furthermore, it provides an overview of current cases before the WTO. Finally, the volume entails a section with review essays on recently published books in the field of international economic law and international investment law.

The book focuses on the interactions between international legal regimes related to biodiversity governance. It addresses the systemic challenges by analyzing the legal interactions between international biodiversity law and related international law applicable to economic activities, as well as issues related to the governance of biodiversity based on functional, normative, and geographic dimensions, in order to present a crosscutting, holistic approach. The global COVID-19 pandemic, the imminent revision of the Strategic Plan for Biodiversity 2011-2020, and the Aichi Targets have created the momentum to focus on the interactions between the Convention on Biological Diversity and other international environmental regimes. Firstly, it discusses the principles that inspire biodiversity-related conventional law, the soft law that conveys targets for enforcement of the Biodiversity Convention, their structural, regulatory and implementation gaps, the systemic relations arising from national interests, and the role of scientific advisory bodies in biodiversity-related agreements. The second part then addresses interactions in specific conventional frameworks, such as the law of multilateral trade and global public health, and the participation of communities in the management of genetic resources. Lastly, the third part illustrates these issues using four case studies focusing on the challenges for sustainability and marine biodiversity in small islands, the Arctic Ocean, the Caribbean Sea, and the Mediterranean Sea, as a way to strengthen a horizontal and joint approach. The book is primarily intended for academics, researchers, and students interested in international environmental law and policy and in interactions for creating conditions for fair, sustainable, and resilient environmental development. By offering an analysis of instruments and criteria for systemic relations in those areas, it will also appeal to public and private actors at the domestic and international level.

This volume examines the specific gender roles in peace and security. The authors analyse the implementation process of United Nations Security Council Resolution 1325 in various countries and discuss systemic challenges concerning the Women, Peace and Security agenda. Through in-depth case studies, the authors shed new light on topics such as the gender-related mechanisms of peace processes, gender training practices for police personnel, and the importance of violence prevention. The volume studies the role of women in peace and security as well as questions of gender mainstreaming by adopting various theoretical concepts, including feminist theories, concepts of masculinity, organizational and security studies. It also highlights regional and transnational approaches for the implementation of the Women, Peace and Security agenda, namely the perspectives of the European Union, NATO, the UN bureaucracy and the civil society. It presents best cases and political advice for tackling the problem of gender inequality in peace and security.

This timely work offers a clear and thorough assessment of how Roma make sure their voice is heard and addresses the difficulty in determining who legitimately represents this heterogeneous transnational minority community. The book argues that Roma are a transnational minority that, as such, requires transnational representation structures to complement domestic political representation structures. After explaining the relationship between representation and political participation within the context of ethnic mobilization, the book then evaluates representation structures and Roma participation in Romania, Hungary, and in the transnational political context. Analytically, the book presents a multidisciplinary approach that draws from the literature on minority rights, citizenship, international relations, and social movements. Empirically, it describes two domestic political contexts and a transnational one. An engaging, informative, and accessible text, Who Speaks for Roma? sheds light on the key challenges facing Roma across Europe today and will be a timely reference for anyone interested in minority politics, political participation, political representation, and human rights.

Dangerous Talk examines the "lewd, ungracious, detestable, opprobrious, and rebellious-sounding" speech of ordinary men and women who spoke scornfully of kings and queens. Eavesdropping on lost conversations, it reveals the expressions that got people into trouble, and follows the fate of some of the offenders. Introducing stories and characters previously unknown to history, David Cressy explores the contested zones where private words had public consequence. Though "words were but wind," as the proverb had it, malicious tongues caused social damage, seditious words challenged political authority, and treasonous speech imperiled the crown.
Royal regimes from the house of Plantagenet to the house of Hanover coped variously with "crimes of the tongue" and found ways to monitor talk they deemed dangerous. Their response involved policing and surveillance, judicial intervention, political propaganda, and the crafting of new law. In early Tudor times to speak ill of the monarch could risk execution. By the end of the Stuart era similar words could be dismissed with a shrug. This book traces the development of free speech across five centuries of popular political culture, and shows how scandalous, seditious and treasonable talk finally gained protection as "the birthright of an Englishman." The lively and accessible work of a prize-winning social historian, it offers fresh insight into pre-modern society, the politics of language, and the social impact of the law.

The volume New Politics of Decisionism aims to add a new dimension to the literature of populism. It deals with what Carl Schmitt famously coined as 'decisionism' - a form of politics based on the rule of a personal will, which is opposed to the rule of impersonal norms of constitutional law. The new politics of decisionism has gained a new form of populism, and it is equally noticeable in old and new constitutional democracies. The contributions follow the Schmittian idea of legally unbounded politics, usually justified with reference to exceptional circumstances - be that global financial crisis, transnational terrorist threats or massive immigration inflows - which require exceptional measures, and address the following issues: what is populism; how do the new politics of decisionism affect democratic processes and institutions; are constitutional democracies equipped to deal with these sort of challenges; can these politics be curtailed by the involvement of other political actors? New Politics of Decisionism consists of three parts. The first part offers theoretical explanations of the concept of populism and the challenges it poses to liberal democracy. The case studies included in the second part serve to explore the origins, forms, and dynamics of populism in contemporary societies. The third part consists of case studies that explore the general issue of whether courts can confront populism.

This book examines the geography of partisan polarization, or the Reds and Blues, of the political landscape in the United States. It places the current schism between Democrats and Republicans within a historical context and presents a theoretical framework that offers unique insights into the American electorate. The authors focus on the demographic and political causes of polarization at the local level across space and time. This is accomplished with the aid of a comprehensive dataset that includes the presidential election results for every county in the continental United States, from the advent of Jacksonian democracy in 1828 to the 2016 election. In addition, coverage applies spatial diagnostics, spatial lag models and spatial error models to determine why contemporary and historical elections in the United States have exhibited their familiar, but heretofore unexplained, political geography. Both popular observers and scholars alike have expressed concern that citizens are becoming increasingly polarized and, as a consequence, that democratic governance is beginning to break down. This book argues that once current levels of polarization are placed within a historical context, the future does not look quite so bleak. Overall, readers will discover that partisan division is a dynamic process in large part due to the complex interplay between changing demographics and changing politics.

The first book ever written on the new topic of strategic communication and how Usama bin Laden and Ayman al-Zawahiri are attempting to win the hearts and minds of the world-through fear, religion or admiration. "A chilling but insightful analysis of the words and ideas of the most determined - and dangerous -- ideologues of our times. Important reading for anyone trying to understand what we are up against in the movement of Usama bin Laden." Ashton B. Carter, Chair of the International and Global Affairs faculty, Harvard Kennedy School, and former Assistant Secretary of Defense "William Parker and Heidi Bridges force observers and analysts alike to step outside of their innate prejudices and visceral response to the words and ideas of the perpetrators of 9/11, and innumerable ongoing atrocities, to think strategically and to develop a clear real-time picture of the evolution of a hostile political movement. Parker & Bridges have successfully embedded the writings and statements of Usama bin Laden and Ayman al-Zawahiri within the theory, practice, and tradition of strategic communication to yield an invaluable contribution to the intellectual tool kit so critical to the development of the situational awareness vital to recognize and combat the current Jihadist threat. This book is a must read for analysts, policymakers and students in the intelligence, counterterrorism, and homeland security fields." Peter Leitner, President, Higgins Counterterrorism Research Center

In the summer of 1928, William Alexander Scott began a small four-page weekly with the help of his brother Cornelius. In 1930 his Atlanta World became a semiweekly, and the following year W. A. began to implement his vision for a massive newspaper chain based out of Atlanta: the Southern Newspaper Syndicate, later dubbed the Scott Newspaper Syndicate. In April 1931 the World had become a triweekly, and its reach began drifting beyond the South. With The Grapevine of the Black South, Thomas Aiello offers the first critical history of this influential newspaper syndicate, from its roots in the 1930s through its end in the 1950s. At its heyday, more than 240 papers were associated with the Syndicate, making it one of the biggest organs of the black press during the period leading up to the classic civil rights era (1955-68). In the generation that followed, the Syndicate helped formalize knowledge among the African American population in the South. As the civil rights movement exploded throughout the region, black southerners found a collective identity in that struggle built on the commonality of the news and the subsequent interpretation of that news. Or as Gunnar Myrdal explained, the press was "the chief agency of group control. It [told] the individual how he should think and feel as an American Negro and create[d] a tremendous power of suggestion by implying that all other Negroes think and feel in this manner." It didn't create a complete homogeneity in black southern thinking, but it gave thinkers a similar set of tools from which to draw.

View the Table of Contents. Read the Introduction.

"This fascinating study uses the tools and sources of diplomatic history to examine a sweep of national and international history far beyond the confines of diplomacya].For Horne, the slave trade, rather than slavery, was an explosive political issue much later in the 19th century that is normally understood. Highly recommended."
--"Choice"

"A well-researched, skillfully-written, and carefully-argued diplomatic history examining connections between the United States, Brazil, Africa, and Europe as they relate to the transatlantic slave trade. Horne sheds considerable light upon the ideas, ruminations, and practices of U.S. nationals in their interactions with and encounters of Brazil over the question of slavery, especially from the mid-nineteenth century on, and makes a valuable and important contribution to our knowledge and understanding of (American) hemispheric relations and trajectories, both eventual and potential."
--Michael A. Gomez, editor of "Diasporic Africa: A Reader"

aAn important study that starts with the proposition that what happens abroad affects developments in the United States. For the first time we are made aware of the extensive contacts between pro-slavery forces in the United States in the years after the abolition of the slave trade and the promoters of slavery in and the slave trade to Brazil and elsewhere.a
--Richard J. M. Blackett author of "Divided Hearts: Britain and the American Civil War"

During its heyday in the nineteenth century, the African slave trade was fueled by the close relationship of the United States and Brazil. The Deepest South tells the disturbing story of how U.S.nationals - before and after Emancipation -- continued to actively participate in this odious commerce by creating diplomatic, social, and political ties with Brazil, which today has the largest population of African origin outside of Africa itself.

Proslavery Americans began to accelerate their presence in Brazil in the 1830s, creating alliances there - sometimes friendly, often contentious - with Portuguese, Spanish, British, and other foreign slave traders to buy, sell, and transport African slaves, particularly from the eastern shores of that beleaguered continent. Spokesmen of the Slave South drew up ambitious plans to seize the Amazon and develop this region by deporting the enslaved African-Americans there to toil. When the South seceded from the Union, it received significant support from Brazil, which correctly assumed that a Confederate defeat would be a mortal blow to slavery south of the border. After the Civil War, many Confederates, with slaves in tow, sought refuge as well as the survival of their peculiar institution in Brazil.

Based on extensive research from archives on five continents, Gerald Horne breaks startling new ground in the history of slavery, uncovering its global dimensions and the degrees to which its defenders went to maintain it.

This book offers an in-depth case study on the leading international refugee agency, the United Nations High Commissioner for Refugees (UNHCR), and its approach to environmentally displaced persons. The author examines the UNHCR on the basis of expert interviews and content analysis in order to highlight why and how the organization is addressing the issue. The analysis draws on organizational as well as security theory, offering readers a better understanding of the connection between the two. The book appeals to scholars in the fields of migration and organizational studies, as well as policymakers and professionals working in international organizations.

As Americans wrestle with red-versus-blue debates over traditional values, defense of marriage, and gay rights, reason often seems to take a back seat to emotion. In response, David Richards, a widely respected legal scholar and long-time champion of gay rights, reflects upon the constitutional and democratic principles-relating to privacy, intimate life, free speech, tolerance, and conscience-that underpin these often heated debates.

The distillation of Richards's thirty-year advocacy for the rights of gays and lesbians, his book provides a reflective treatise on basic human rights that touch all of our lives. Drawing upon his own experiences as a gay man, Richards interweaves personal observations with philosophical, political, judicial, and psychological insights to make a compelling case that gays should be entitled to the same rights and protections that every American enjoys. Indeed, the call for gay rights can trace its lineage back to the powerful protest movements of the 1960s and 1970s, which demanded racial and sexual equality and ultimately overthrew the bigoted status quo.

Richards focuses particularly on two key Supreme Court cases: the 1986 decision in Bowers v. Hardwick upholding Georgia's anti-sodomy laws and the 2003 decision in Lawrence v. Texas striking down Texas anti-sodomy laws and overturning Bowers. He shows how Bowers arose in a period of constitutional crisis over the right to privacy and examines the opinions in light of the Court's division in Roe v. Wade. He then shows that Lawrence must be understood in the context of later cases, notably Casey and Romer, which required that Bowers be reconsidered and overruled. Along the way, he examines current debates over gays in the military and same-sex marriage, assesses the Massachusetts Supreme Court's decision to permit gay marriage, and critiques the 1996 Defense of Marriage Act.

Eloquent and impassioned, Richards's work crystallizes the essence of the argument for a much more expansive and tolerant view of gay rights in America. It also offers a touching account of one gay man's very personal struggle to find the voice he needed to speak truth to the powerful forces of discrimination.

Modern Power and Free Speech explores the complicated relationship between the First Amendment and culturally disempowered and groups within the United States. By focusing on hate speech, Internet pornography, and political dissent, Chris Demaske analyzes First Amendment discourse and doctrine and questions the role of the concept of the autonomous individual. Demaske asserts that the presupposed equality of so-called "autonomous individuals" does not exist and goes on to show how these specious claims to equality only serve to further silence those marginalized members of American society. Combining legal analysis, First Amendment theory, feminist theory, and political theory, Chris Demaske addresses the inadequacies of current free-speech doctrine and provides a possible solution to remedy them.

This book is about people whose beliefs and affiliations have opposed powerful interests in the present-day United States. This eclectic group of people and controversial issues, from climate-change scientists who have been censored by the Bush administration to Muslims accused of terrorism, have one thing in common. All of them straddle the limits of what Noam Chomsky has called permissible debate as defined by dominant political and economic institutions and individuals. The central thesis is that restriction of free inquiry is harmful to our culture because it inhibits the search for knowledge. Johansen presents case studies in the borderlands of free speech in a Jeffersonian cast-an intellectual framework assuming that open debate-even of unpopular ideas-is essential to accurate perception of reality. This book is about people whose ideological circumstances have found them opposing established beliefs in our times-scholars advocating the Palestinian cause in a very hostile intellectual environment, for example, as well as climate scientists defending themselves against the de-funding of their laboratories by defenders of fossil-fuel interests; opponents of creation science under assault for teaching what once was regarded as household-variety biology (a.k.a. Darwinism); Marxists in a political system dominated by neoconservatives. The central thesis that unites this diverse array of controversies is that shutting down free inquiry-most notably for points of view deemed unpopular-dumbs us all down by restraining the search for knowledge, which demands open inquiry. We have been told when going to war, as in Iraq, that freedom isn't free, the unstated assumption being that our armed forces are fighting and dying to safeguard our civil rights at home and abroad. During recent years, however, freedom to inquire and debate without retribution has been under assault in the United States. This assault has been carried out under a distinctly Orwellian cast, under Newspeak titles such as the Patriot Act, parts of which might as well be described more honestly as the Restriction of Freedom of Inquiry Act. The information gathered here will interest (and probably anger) anyone who is concerned with protecting robust, free inquiry in a nation that takes seriously its freedom to speak out, and to define truth through open debate.

This book situates Ghana's truth-telling process, which took place from 2002 to 2004, within the discourse on the effectiveness of the different mechanisms used by post-conflict and post-dictatorship societies to address gross human rights violations. The National Reconciliation Commission was the most comprehensive transitional justice mechanism employed during Ghana's transitional process in addition to amnesties, reparations and minimal institutional reforms. Due to a blanket amnesty that derailed all prospects of resorting to judicial mechanisms to address gross human rights violations, the commission was established as an alternative to prosecutions. Against this background, the author undertakes a holistic assessment of the National Reconciliation Commission's features, mandate, procedure and aftermath to ascertain the loopholes in Ghana's transitional process. She defines criteria for the assessment, which can be utilised with some modifications to assess the impact of other transitional justice mechanisms. Furthermore, she also reflects on the options and possible setbacks for future attempts to address the gaps in the mechanisms utilised. With a detailed account of the human rights violations perpetrated in Ghana from 1957 to 1993, this volume of the International Criminal Justice Series provides a useful insight into the factors that shape the outcomes of transitional justice processes. Given its combination of normative, comparative and empirical approaches, the book will be useful to academics, students, practitioners and policy makers by fostering their understanding of the implications of the different features of truth commissions, the methods for assessing transitional justice mechanisms, and the different factors to consider when designing mechanisms to address gross human rights violations in the aftermath of a conflict or dictatorship. Marian Yankson-Mensah is a Researcher and Project Officer at the International Nuremberg Principles Academy in Nuremberg, Germany.