Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it. It falls on open-ended concepts, such as proportionality, human rights, dignity, freedom, and truth, and on legal frameworks for balancing competing rights and interests, such as self-defense, command or corporate responsibility, and restrictions on freedom of expression, to negotiate chronic tensions between law and society and to bridge existing gaps. The present volume contains chapters by leading experts - former judges on constitutional courts and international courts, and some of the world's leading criminal law, public law, and international law scholars - offering their points of view and professional analysis of legal notions and doctrines that serve as hubs for the interpretation, application, and contestation of core values, which in turn constitute building blocks of the rule of law. The shared perspective on the interplay between values and legal rules in public law, criminal law, and international law is likely to render the publication a valuable resource for both theoreticians and practitioners, law students, and seasoned legal experts working in diverse legal fields.

This book offers a new look at the legal and cultural implications of bequests that crossed the color line. ""Fathers of Conscience"" examines high-court decisions in the antebellum South that involved wills in which white male planters bequeathed property, freedom, or both to women of color and their mixed-race children. These men, whose wills were contested by their white relatives, had used trusts and estates law to give their slave partners and children official recognition and thus circumvent the law of slavery. The will contests that followed determined whether that elevated status would be approved or denied by courts of law.Bernie D. Jones argues that these will contests indicated a struggle within the elite over race, gender, and class issues - over questions of social mores and who was truly family. Judges thus acted as umpires after a man's death, deciding whether to permit his attempts to provide for his slave partner and family. Her analysis of these differing judicial opinions on inheritance rights for slave partners makes an important contribution to the literature on the law of slavery in the United States.

This collection considers human rights and incarceration in relation to the liberal-democratic states of Australia, New Zealand and the UK. It presents original case-study material on groups that are disproportionately affected by incarceration, including indigenous populations, children, women, those with disabilities, and refugees or 'non-citizens'. The book considers how and why human rights are eroded, but also how they can be built and sustained through social, creative, cultural, legal, political and personal acts. It establishes the need for pragmatic reforms as well as the abolition of incarceration. Contributors consider what has, or might, work to secure rights for incarcerated populations, and they critically analyse human rights in their legal, socio-cultural, economic and political contexts. In covering this ground, the book presents a re-invigorated vision of human rights in relation to incarceration. After all, human rights are not static principles; they have to be developed, fought over and engaged with.

This is a study of a progressive law firm and its three partners. The firm was founded in 1936 and existed until the death of one partner in 1965. The partners were harassed by the FBI primarily for defending labor union members and leaders and the defense of both. The firm's primary client was Harry Bridges, the long term President on the International Longshoreman's and Warehouseman's Union (ILWU). The irony was that the more the FBI persecuted labor unions, the more business the firm had from those harassed by the FBI. During this time the FBI was primarily interested in controlling the Communist Party. While the clients of the firm were sometimes Communists, the law partners were not Communist Party members. In both of these ways the FBI was wasting its time in persecuting this firm. Although the primary data used involved existing records (for example all of the partners had extensive FBI files), we also interviewed colleagues and relatives of the partners.

There has been recent controversy in the African American community about youth and their lack of appreciation for the gains of the civil rights movement of the 1950s and 1960s. This stellar biography is a superb introduction to the foremost leader of the civil rights movement. The story and historical context will be eye-opening for students and a good refresher for others who are too young to have remembered the events. In a gripping narrative style, the biography traces the young Martin, the son and grandson of formidable preachers, to his calling as a minister too, but one who would take on the entrenched racism of the South, and North, through a nonviolent movement that changed the course of American history. There has been recent controversy in the African American community about youth and their lack of appreciation for the gains of the civil rights movement of the 1950s and 1960s. This stellar biography is a superb introduction to the foremost leader of the civil rights movement. The story and historical context will be eye-opening for students and a good refresher for others who are too young to have remembered the events. In a gripping narrative style, the biography traces the young Martin, the son and grandson of formidable preachers, to his calling as a minister too, but one who would take on the entrenched racism of the South, and North, through a nonviolent movement that changed the course of American history. King's story is compelling, starting from his early nurtured family life in an insular community of blacks in Atlanta. His education at Morehouse College, Crozer Theological Seminary, and Boston University and courtship of Coretta Scott lead into the early days of the civil rights movement and King's leadership role in the major marches, demonstrations, boycotts, and sit-ins that took place, mainly in the South. Critical insight into the Kennedy and Johnson Administrations is given as King negotiates with the presidents for equal rights for blacks. The violent reactions against and hatred of many whites for those seeking racial justice are still shocking today. Against the backdrop of beatings, killings, bombings, threats, and imprisoning, King is portrayed as driven to lift up all Americans, even if it meant martyrdom.

This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality. Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses of and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security and justice accessible to all', are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, and increasingly strict border securitisation and surveillance overshadowed the freedom of the migrant to seek entry or residence for legitimate touristic, work, study, or family reasons, a secure refuge from persecution, and effective access to justice? In 2004, the Heads of State and Government presented a programme for the next stage of development in these areas, the Hague Programme, and the Directives and Regulations that have been agreed are now being transposed and applied in Member States legal systems. What are the main challenges in the years ahead as the Hague Programme and the existing legislative acquis are implemented?

Refugees lie at the heart of world politics. The causes and consequences of, and responses to, human displacement are intertwined with many of the core concerns of International Relations. Yet, scholars of International Relations have generally bypassed the study of refugees, and Forced Migration Studies has generally bypassed insights from International Relations. This volume therefore represents an attempt to bridge the divide between these disciplines, and to place refugees within the mainstream of International Relations. Drawing together the work and ideas of a combination of the world's leading and emerging International Relations scholars, the volume considers what ideas from International Relations can offer our understanding of the international politics of forced migration. The insights draw from across the theoretical spectrum of International Relations from realism to critical theory to feminism, covering issues including international cooperation, security, and the international political economy. They engage with some of the most challenging political and practical questions in contemporary forced migration, including peacebuilding, post-conflict reconstruction, and statebuilding. The result is a set of highly original chapters, yielding not only new concepts of wider relevance to International Relations but also insights for academics, policy-makers, and practitioners working on forced migration in particular and humanitarianism in general.

No previous volume has collected as interesting and broad a collection of essays on Canadian discourse and culture. This volume of representative case studies reflects the Canadian experience in terms of discourse, society, and public culture, linking its discussions to larger political and social issues and theories. Topics include:

Constitutional controversies

Cultural sovereignty

Feminist voices

Globalization

Internet issues

Marginalized communities

Nationalism

Nativity

Multidisciplinary perspectives from a mix of established and emerging Canadian studies scholars converge in a highly readable, engaging, and unique book that offers a distinctive portrait of a nation not nearly as well understood as its proximity to the United States might suggest.

View the Table of Contents. Read the Introduction.

"The New H.N.I.C. brilliantly observes pivotal moments in hip hop and black culture as a whole... provocative[ly] raises the level of the hip hop discussion."
--"Black Issues Book Review"

"It was naive for Todd Boyd to subtitle his book "The Death of Civil Rights and the Birth of Hip Hop," and not to expect people to wig out."
--"Punk Planet"

"Stand back! Todd Boyd brings the ruckus in this provocative look at how hip hop changed everything from the jailhouse to the White House--and why it truly became the voice of a new generation."
--Alan Light, Editor-in-Chief, "Spin Magazine"

aElegantly script[s] the fall of the previous generation alongside the rise of a new hip-hop ethosa]. ["The New H.N.I.C"] is built on the provocative premise that this generation's hip-hop culture has come to supersede the previous one's paradigm of civil rights. Highlighting various moments in recent rap historyathe controversy over OutKast's naming a single after Rosa Parks; the white negro-isms of EminemaBoyd offers hip-hop as the most suitable access point for understanding the social, political, and cultural experiences of African Americans born after the civil rights period.a
--"Village Voice"

"Those who are hip have always known that Black music is about more than simply nodding your head, snapping your fingers, and patting your feet. Like the proverbial Dude, back on the block, Dr. Todd Boyd, in his groundbreaking book The New H.N.I.C., tells us that like the best of this oral tradition, hip hop is a philosophy and worldview rooted in history and at the same time firmly of the moment. Dr. Boyd's improvisational flow is onpoint like be bop Stacy Adams and The New H.N.I.C., in both style and substance, breaks down how this monumental cultural shift has come to redefine the globe. With mad props and much love, Dr. Boyd's The New H.N.I.C. is the voice of a generation and stands poised at the vanguard of our future."
--Quincy Jones

"A convincing and entertaining case that hip-hop matters, Boyd's reading [of hip hop] is nothing less than inspired."
--"Mother Jones"

"If you want to understand the direction of music today, read this book. Boyd expertly chronicles the birth of Hip Hop, its impact on all music and how the language and music defines a generation."
--Tom Freston, CEO, MTV Networks

"Boyd's main observation is simple and mostly true: "Hip-hop has rejected and now replaced the pious, sanctimonious nature of civil rights as the defining moment of Blackness."
--"Los Angeles Times"

When Lauryn Hill stepped forward to accept her fifth Grammy Award in 1999, she paused as she collected the last trophy, and seeming somewhat startled said, "This is crazy, 'cause this is hip hop music.'" Hill's astonishment at receiving mainstream acclaim for music once deemed insignificant testifies to the explosion of this truly revolutionary art form. Hip hop music and the culture that surrounds it--film, fashion, sports, and a whole way of being--has become the defining ethos for a generation. Its influence has spread from the state's capital to the nation's capital, from the Pineapple to the Big Apple, from 'Frisco to Maine, and then on to Spain.

But moving far beyond the music, hip hop has emerged as a social and cultural movement, displacing the ideas of the Civil Rights era. Todd Boydmaintains that a new generation, having grown up in the aftermath of both Civil Rights and Black Power, rejects these old school models and is instead asserting its own values and ideas. Hip hop is distinguished in this regard because it never attempted to go mainstream, but instead the mainstream came to hip hop.

The New H.N.I.C., like hip hop itself, attempts to keep it real, and challenges conventional wisdom on a range of issues, from debates over use of the "N-word," the comedy of Chris Rock, and the "get money" ethos of hip hop moguls like Sean "P. Diddy" Combs and Russell Simmons, to hip hop's impact on a diverse array of figures from Bill Clinton and Eminem to Jennifer Lopez.

Maintaining that Martin Luther King, Jr.'s "I Have a Dream" speech is less important today than DMX's "It's Dark and Hell is Hot," Boyd argues that Civil Rights as a cultural force is dead, confined to a series of media images frozen in another time. Hip hop, on the other hand, represents the vanguard, and is the best way to grasp both our present and future.

O'Shaughnessy, Henneberg, and their contributors examine how the theory and practice of marketing has been and can be applied to politics. Particular attention was paid to the theory of political marketing, with conceptual definitions developed to better facilitate communication between marketing professionals and political science researchers. Political marketing is about the making and unmaking of governments in a democracy. Despite its growing importance, the marketing academic profession has shown very little interest in the political ramificaitons of their discipline, while political scientists often come to political marketing with the view that it is cosmetic, if not trivial. O'Shaughnessy, Henneberg, and their contributors examine how the theory and practice of marketing has been and can be applied to politics. As they show, elections are a persuasion task writ large, most especially with the demise of inherited class loyalties. Following elections, governments can employ marketing techniques to build support for their actions, while opposition parties can press the government and its supporters through similar marketing approaches. Of particular interest to scholars, researchers, and policy makers involved with politics, political communication, and the making of public policy.

The exceptionality of America's Supreme Court has long been conventional wisdom. But the U.S. Supreme Court is no longer the only one changing the landscape of public rights and values. Over the past thirty years, the European Court of Human Rights has developed an ambitious, American-style body of law. Unheralded by the mass press, this obscure tribunal in Strasbourg, France, has become, in many ways, the Supreme Court of Europe. Michael D. Goldhaber introduces American audiences to the judicial arm of the Council of Europe - a group distinct from the European Union, and much larger - whose mission is centered on interpreting the European Convention on Human Rights. The council routinely confronts nations over their most culturally sensitive, hot-button issues. It has stared down France on the issue of Muslim immigration, Ireland on abortion, Greece on Greek Orthodoxy, Turkey on Kurdish separatism, Austria on Nazism, and Britain on gay rights and corporal punishment. And what is most extraordinary is that nations commonly comply. In the battle for the world's conscience, Goldhaber shows how the court in Strasbourg may be pulling ahead.

In this timely and important book, Professor Brad K. Blitz, a leading expert on post-conflict integration, statelessness, migration, development and human rights, reminds us how the concept of freedom of movement, and its relationship to migration, has received little comprehensive treatment among academics, even though it underpins what we expect as individuals living in liberal states. Yet, there are 214 million international migrants and 740 million internal migrants in the world today. It is all the more paradoxical therefore that there is no guarantee of the right of freedom of movement where most migration takes place against the backdrop of both official and unofficial controls. With strong theoretical underpinnings, and drawing from a range of philosophers, both ancient and modern, Professor Blitz, examines the legal foundations for the free movement of people, before undertaking a practical critique of recent free movement experiences in Spain, Italy, Serbia, Croatia, Russia and Slovenia. This is a tour de force. A work of remarkable scholarship, prescience, and practical relevance, which deserves to be read by all on this much-neglected subject of freedom of movement.' - Satvinder Juss, King s College London, UK'An advance, both analytically and empirically, for migration studies. With a base in international law and political theory, Blitz admirably opens up the ambiguous question of freedom of movement in relation to the restrictions still imposed by national borders and sovereignty, and the difficulties migrants face turning movement into successful settlement. Focusing on Europe, and migration experiences internal and external to the EU, as well as within and across national boundaries, the book significantly challenges current immigration paradigms with a series of atypical and provocative case studies.' - Adrian Favell, Sciences Po, Paris, France Migration and Freedom is a thorough and revealing exploration of the complex relationship between mobility and citizenship in Europe. Brad Blitz draws upon European and international law, political theory, economics, history and contemporary studies of migration to provide an original account of the opportunities and challenges associated with the right to free movement in Europe and beyond. Integrating over 160 interviews with individuals in Croatia, Slovenia, Italy, Spain, the UK and Russia, this book provides a unique focus on both internal and inter-state mobility and a re-evaluation of the concept of freedom of movement. The author documents successful and unsuccessful settlement and establishment cases and records how both official and informal restrictions on individuals' mobility have effectively created new categories of citizenship and exclusion within Europe. This book is an original study aimed at academics, students and government officials interested in migration, international studies, public and social policy, and politics. Contents: 1. Migration and Freedom 2. Investigating Freedom of Movement 3. Freedom of Movement in Europe 4. Spanish Doctors in the United Kingdom 5. European Language Teachers in Italy 6. Displaced Serbs in Croatia 7. Internal Migrants in Russia 8. Discrimination and Immobility in Slovenia 9. Analysis 10. Conclusion Bibliography

"This is a thought-provoking and well-written book."
-- "American Political Science Association"

"Passavant's argument depends on stablising a paradoxical tension between two principles conventionally involved in an adversary relationship."
--"Journal of American Studies"

"Passavant challenges the dichotomous approach to the relationship between liberalism and communitarianism. Overall, "No Escape" offers new insight on the relationship by critcally delving into historical events, sociopolitics, and legal developments. It challenges the conventional wisdom regarding the inherent confloict between expanding liberal rights while embracing communitarian values. Some readers will find considerable value in his judiciously documented and forceful argument."
--"The law and Politics Book Review"

Conventional legal and political scholarship places liberalism, which promotes and defends individual legal rights, in direct opposition to communitarianism, which focuses on the greater good of the social group. According to this mode of thought, liberals value legal rights for precisely the same resason that communitarians seek to limit their scope: they privilege the individual over the community. However, could it be that liberalism is not antithetical to social group identities like nationalism as is traditionally understood? Is it possible that those who assert liberal rights might even strengthen aspects of nationalism?

No Escape argues that this is exactly the case, beginning with the observation that, paradoxical as it might seem, liberalism and nationalism have historically coincided in the United States. No Escape proves that liberal government and nationalism canmutually reinforce each other, taking as its example a preeminent and seemingly universal liberal legal right, freedom of speech, and illustrating how it can function in a way that actually reproduces nationally exclusive conditions of power.

No Escape boldly re-evaluates the relationship between liberal rights and the community at a time when the call has gone out for the nation to defend the freedom to live our way of life. Passavant challenges us to reconsider traditional modes of thought, providing a fresh perspective on seemingly intransigent political and legal debates.

Detailed yet highly readable, this book explores essential and illuminating primary source documents that provide insights into the history, development, and current conceptions of the First Amendment to the Constitution. The freedom to speak one's mind is a subject of great importance to most Americans but especially to students, minorities, and those who are socially or economically disadvantaged—individuals whose voices have historically been censored or marginalized in American society. Documents Decoded: Freedom of Speech offers accessible, student-friendly explanations of specific developments in freedom of speech in the United States and carefully excerpted primary documents, making it an indispensable resource for educators seeking to teach the First Amendment and for students wanting to learn more about important free-speech decisions. The chronologically ordered documents explore topics typically covered in American history and government curricula, addressing such contemporary issues as the regulation of online speech, flag desecration, parody, public school student speech, and the Supreme Court's recent decisions on the issue of corporate speech rights.

Despite growing interest in democracy promotion, the nature and extent of external factors' impact on democratic transitions to date remains understudied. The question of what works under what circumstances is still intensely contested among academics, policy-makers, and practitioners. Liberal Interventionism and Democracy Promotion, edited by Dursun Peksen, contributes to the study of international democracy promotion, exploring the extent to which various forms of foreign interventions and policy actors that advocate political liberalization affect the spread of democracy. The contributors in this study specifically address issues highly relevant to the academic research and policymaking, including the evaluation of the efficacy of four major tools-economic sanctions, foreign aid, external armed interventions, and soft power-that are often used to advance political liberalization in authoritarian regimes. The book also assesses the performance of four major non-state actors-the International Monetary Fund, the United Nations, the European Union, and transnational human rights organizations-that have become increasingly influential in advocating the spread of civil liberties and political rights. Liberal Interventionism and Democracy Promotion's comprehensive assessment of the efficacy of major policy instruments and actors that advocate political liberalization offers a greater understanding of what works best and when in the practice of democracy promotion. This collection is an essential contribution to the study of democracy promotion and international relations.

"Scalawag" tells the surprising story of a white working-class boy who became an unlikely civil rights activist. Born in 1935 in Richmond, where he was sent to segregated churches and schools, Ed Peeples was taught the ethos and lore of white supremacy by every adult in his young life. That message came with an equally cruel one--that, as the child of a wage-earning single mother, he was destined for failure.

But by age nineteen Peeples became what the whites in his world called a "traitor to the race." Pushed by a lone teacher to think critically, Peeples found his way to the black freedom struggle and began a long life of activism. He challenged racism in his U.S. Navy unit and engaged in sit-ins and community organizing. Later, as a university professor, he agitated for good jobs, health care, and decent housing for all, pushed for the creation of African American studies courses at his university, and worked toward equal treatment for women, prison reform, and more. Peeples did most of his human rights work in his native Virginia, and his story reveals how institutional racism pervaded the Upper South as much as the Deep South.

Covering fifty years' participation in the long civil rights movement, Peeples's gripping story brings to life an unsung activist culture to which countless forgotten individuals contributed, over time expanding their commitment from civil rights to other causes. This engrossing, witty tale of escape from what once seemed certain fate invites readers to reflect on how moral courage can transform a life.

The Dred Scott suit for freedom, argues Kelly M. Kennington, was merely the most famous example of a phenomenon that was more widespread in antebellum American jurisprudence than is generally recognized. The author draws on the case files of more than three hundred enslaved individuals who, like Dred Scott and his family, sued for freedom in the local legal arena of St. Louis. Her findings open new perspectives on the legal culture of slavery and the negotiated processes involved in freedom suits. As a gateway to the American West, a major port on both the Mississippi and Missouri Rivers, and a focal point in the rancorous national debate over slavery's expansion, St. Louis was an ideal place for enslaved individuals to challenge the legal systems and, by extension, the social systems that held them in forced servitude. Kennington offers an in-depth look at how daily interactions, webs of relationships, and arguments presented in court shaped and reshaped legal debates and public at titudes over slavery and freedom in St. Louis. Kennington also surveys more than eight hundred state supreme court freedom suits from around the United States to situate the St. Louis example in a broader context. Although white enslavers dominated the antebellum legal system in St. Louis and throughout the slaveholding states, that fact did not mean that the system ignored the concerns of the subordinated groups who made up the bulk of the American population. By looking at a particular example of one group's encounters with the law and placing these suits into conversation with similar en counters that arose in appellate cases nationwide Kennington sheds light on the ways in which the law responded to the demands of a variety of actors.

The Hungarian Yearbook of International Law and European Law comprises a collection of articles written mostly by Hungarian authors, covering developments in the field of international law and EU law, and progress in the domestic implementation and application of these fields of law. The thematic part of the volume centers around the issues of environmental protection on the national, European and international level. The Yearbook also contains numerous articles on Hungarian state practice, case notes and book reviews. The Yearbook offers a comprehensive picture of the state of application and implementation of international law and EU law in Hungary.