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The Rise And Fall Of The Right Of Silence
by Quirk, Hannah
Edition: 1st
Publish: Nov 2016
ISBN-13: 9780415547710
ISBN-10:0415547717
Status:Published

Price: S$223.56

Book Description

Within an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, emp
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Within an international context in which the right to silence has long been regarded as sacrosanct, this book provides the first comprehensive, empirically-based analysis of the effects of curtailing the right to silence. The right to silence has served as the practical expression of the principles that an individual was to be considered innocent until proven guilty, and that it was for the prosecution to establish guilt. In 1791, the Fifth Amendment to the US Constitution proclaimed that none ‘shall be compelled in any criminal case to be a witness against himself’. In more recent times, the privilege against self-incrimination has been a founding principle for the International Criminal Court, the new South African constitution and the ad hoc International Criminal Tribunals for Rwanda and the former Yugoslavia. Despite this pedigree, over the past 30 years when governments have felt under pressure to combat crime or terrorism, the right to silence has been reconsidered (as in Australia), curtailed (in most of the United Kingdom) or circumvented (by the creation of the military tribunals to try the Guantánamo detainees). The analysis here focuses upon the effects of the Criminal Justice and Public Order Act 1994 in England and Wales. There, curtailing the right to silence was advocated in terms of ‘common sense’ policy-making and was achieved by an eclectic borrowing of concepts and policies from other jurisdictions. The implications of curtailing this right are here explored in detail with reference to England, Wales and Northern Ireland, but within a comparative context that examines how different ‘types’ of legal systems regard the right to silence and the effects of constitutional protection.

Human Rights Law And Personal Identity
by Marshall, Jill
Publish: Jun 2014
ISBN-13: 9780415529723
ISBN-10:0415529727
Status:Published

Price: S$167.67

Book Description

This book explores the role human rights law plays in the formation, and protection, of our personal identities. Drawing from a range of discipline
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This book explores the role human rights law plays in the formation, and protection, of our personal identities. Drawing from a range of disciplines, Jill Marshall examines how human rights law includes and excludes specific types of identity, which feed into moral norms of human freedom and human dignity and their translation into legal rights.

The book takes on a three part structure. Part I traces the definition of identity, and follows the evolution of, and protects, a right to personal identity and personality within human rights law. It specifically examines the development of a right to personal identity as property, the inter-subjective nature of identity, and the intercession of power and inequality. Part II evaluates past and contemporary attempts to describe the core of personal identity, including theories concerning the soul, the rational mind, and the growing influence of neuroscience and genetics in explaining what it means to be human. It also explores the inter-relation and conflict between universal principles and culturally specific rights. Part III focuses on issues and case law that can be interpreted as allowing self-determination. Marshall argues that while in an age of individual identity, people are increasingly obliged to live in conformed ways, pushing out identities that do not fit with what is acceptable. Drawing on feminist theory, the book concludes by arguing how human rights law would be better interpreted as a force to enable respect for human dignity and freedom, interpreted as empowerment and self-determination whilst acknowledging our inter-subjective identities.

In drawing on socio-legal, philosophical, biological and feminist outlooks, this book is truly interdisciplinary, and will be of great interest and use to scholars and students of human rights law, legal and social theory, gender and cultural studies.

Equality Bodies In Europe
by Lawson, Anna | Gooding, Caroline
Edition: 1st ed.
Publish: Nov 2017
ISBN-13: 9781849462822
ISBN-10:1849462828
Status:Not yet published

Price: S$93.15

Book Description

Despite being required by EU law, the role, structure and resourcing of equality bodies are surrounded by debate and controversy. These debates have b
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Despite being required by EU law, the role, structure and resourcing of equality bodies are surrounded by debate and controversy. These debates have been intensified by economic pressures which have caused governments throughout Europe to scrutinise public spending, including on equality bodies, with a view to making efficiency savings or cuts. At the same time, responses to economic recession threaten to increase inequality and thus to increase the need for vigilant and effective equality bodies. This book provides a space for the detailed exploration of issues such as these. Given the current concern with achieving value for money, questions relating to the impact and effectiveness of equality bodies are given particular prominence. Much of the discussion has relevance to national human rights institutions as well as equality bodies and to countries outside Europe as well as within it. This volume brings together experts at the cutting-edge of this topic both from practice and from academia. Indeed, the majority of the authors have held key positions in equality bodies and have published extensively in the field. The book thus blends reflection enriched by practice and academic scholarship and, in so doing, offers an important and unique contribution to on-going political debate.
The Eu Charter Of Fundamental Rights : A Commentary
by Peers, Steve
Edition: 1st ed.
Publish: Mar 2014
ISBN-13: 9781849463089

Status:Published

Price: S$447.12

Book Description

The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law
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The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.
Damages And Human Rights
by Jason NE Varuhas
Publish: May 2016
ISBN-13: 9781849463720
ISBN-10:1849463727
Status:Published

Price: S$176.99

Book Description

Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights
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Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of common law jurisdictions, as well as the jurisprudence of international courts. The current law on when damages can be obtained and how they are assessed is set out in detail and analysed comprehensively. The theoretical foundations of human rights damages are examined with a view to enhancing our understanding of the remedy and resolving the currently troubled state of human rights damages jurisprudence. The book argues that in awarding damages in human rights cases the courts should adopt a vindicatory approach, modelled on those rules and principles applied in tort cases when basic rights are violated. Other approaches are considered in detail, including the current 'mirror' approach which ties the domestic approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach where the damages are dependent on a judicial balancing of individual and public interests; and approaches drawn from the law of state liability in EU law and United States constitutional law. The analysis has important implications for our understanding of fundamental issues including the interrelationship between public law and private law, the theoretical and conceptual foundations of human rights law and the law of torts, the nature and functions of the damages remedy, the connection between rights and remedies, the intersection of domestic and international law, and the impact of damages liability on public funds and public administration. The book was the winner of the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize.
Rights In Pursuit Of Social Change : Legal Mobilisation In The Multi-level European System
by Dia, Anagnostou, (edt.)
Edition: 1st ed.
Publish: Apr 2014
ISBN-13: 9781849463904

Status:Published

Price: S$93.15

Book Description

Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who inc
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Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?
Reasoning Rights : Comparative Judicial Engagement
by Liora, Lazarus, (edt.)
Edition: 1st ed.
Publish: Jun 2014
ISBN-13: 9781849462525

Status:Published

Price: S$121.10

Book Description

This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasone
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This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.
Human Rights In Contemporary European Law
by Joakim, Nergelius, (edt.)
Edition: 1st ed.
Publish: Jan 2015
ISBN-13: 9781849464833

Status:Published

Price: S$111.78

Book Description

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Beginning Human Rights Law
by Davis, Howard
Edition: 1st ed.
Publish: Feb 2014
ISBN-13: 9780415524636
ISBN-10:0415524636
Status:Published

Price: S$44.69

Book Description

Whether you’re new to higher education, coming to legal study for the first time or just wondering what Human Rights Law is all about, Be
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Whether you’re new to higher education, coming to legal study for the first time or just wondering what Human Rights Law is all about, Beginning Human Rights Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Human Rights module with confidence.

Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary, Howard Davis breaks the subject of Human Rights Law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence.

Beginning Human Rights Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.

Human Rights Law In Europe : The Influence, Overlaps And Contradictions Of The Eu And The Echr
by Dzehtsiarou, Kanstantsin (Edt) | Konstadinides, Theodore (Edt) | Lock, Tobias (Edt) | O'meara, Noreen (Edt)
Edition: 1st ed.
Publish: Apr 2014
ISBN-13: 9780415825993

Status:Not yet published

Price: S$149.04

Book Description

This book provides detailed analysis and critique of the dual protection of human rights in Europe through an assessment of the evolution of the legal
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This book provides detailed analysis and critique of the dual protection of human rights in Europe through an assessment of the evolution of the legal relationship between the Court of Justice of the European Union and the European Court of Human Rights. The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights.
Encyclopedia Of American Civil Liberties
by Finkelman, Paul
Publish: Dec 2015
ISBN-13: 9780415762373
ISBN-10:0415762375
Status:Not yet published

Price: S$60.00

Book Description

<P>This <EM>Encyclopedia</EM> on American history and law is the first devoted to examining the issues of civil liberties and their
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<P>This <EM>Encyclopedia</EM> on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. </P> <P>Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes:<BR></P> <UL> <LI>organizations and government bodies</LI> <LI>legislation and legislative action, statutes, and acts</LI> <LI>historical overviews</LI> <LI>biographies</LI> <LI>cases</LI> <LI>themes, issues, concepts, and events.</LI></UL> <P>The <EM>Encyclopedia of American Civil Liberties</EM> is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today.</P>
The Self, Ethics & Human Rights
by Indaimo, Joseph
Edition: 1st ed.
Publish: Jan 2015
ISBN-13: 9780415742108
ISBN-10:0415742102
Status:Published

Price: S$160.00

Book Description

This book explores how the notion of human identity informs the ethical goal of justice in human rights. Within the modern discourse of human
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This book explores how the notion of human identity informs the ethical goal of justice in human rights. Within the modern discourse of human rights, the issue of identity has been largely neglected. However, within this discourse lies a conceptualisation of identity that was derived from a particular liberal philosophy about the ‘true nature’ of the isolated, self-determining and rational individual. Rights are thus conceived as something that are owned by each independent self, and that guarantee the exercise of its autonomy. Critically engaging this subject of rights, this book considers how recent shifts in the concept of identity and, more specifically, the critical humanist notion of ‘the other’, provides a basis for re-imagining the foundation of contemporary human rights. Drawing on the work of Jacques Lacan and Emmanuel Levinas, an inter-subjectivity between self and other ‘always already’ marks human identity with an ethical openness. And, this book argues, it is in the shift away from the human self as a ‘sovereign individual’ that human rights have come to reflect a self-identity that is grounded in the potential of an irreducible concern for the other.

Human Rights And The Criminal Justice System
by Amatrudo, Anthony | Blake, Leslie William
Edition: 1st ed.
Publish: Aug 2014
ISBN-13: 9780415688918
ISBN-10:0415688914
Status:Not yet published

Price: S$149.04

Book Description

We now live in a world which thinks through the legislative implications of criminal justice with one eye on human rights. Human Rights and the
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We now live in a world which thinks through the legislative implications of criminal justice with one eye on human rights. Human Rights and the Criminal Justice System provides comprehensive coverage of human rights as it relates to the contemporary criminal justice system. As well as being a significant aspect of international governance and global justice, Amatrudo and Blake argue here that human rights have also eclipsed the rhetoric of religion in contemporary moral discussion. This book explores topics such as terrorism, race, and the rights of prisoners, as well as existing legal structures, court practices, and the developing literature in Criminology, Law and Political Science, in order to critically review the relationship between the developing body of human rights theory and practice, and the criminal justice system.

This book will be of considerable interest to those with academic concerns in this area; as well as providing an accessible, yet sophisticated, resource for upper level undergraduate and postgraduate human rights courses.

China’s Human Rights Lawyers
by Pils, Eva
Edition: 1st ed.
Publish: Nov 2014
ISBN-13: 9780415870849
ISBN-10:0415870844
Status:Not yet published

Price: S$180.00

Book Description

This book offers a unique insight into the role of human rights lawyers in Chinese law and politics. In her extensive account, Eva Pils shows how t
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This book offers a unique insight into the role of human rights lawyers in Chinese law and politics. In her extensive account, Eva Pils shows how these practitioners are important as legal advocates for victims of injustice and how bureaucratic systems of control operate to subdue and marginalise them. The book also discusses how human rights lawyers and the social forces they work for and with challenge the system. In conditions where organised political opposition is prohibited, rights lawyers have begun to articulate and coordinate demands for legal and political change.

Drawing on hundreds of anonymised conversations, the book analyses in detail human rights lawyers’ legal advocacy in the face of severe institutional limitations and their experiences of repression at the hands of the police and state security apparatus, along with the intellectual, political and moral resources lawyers draw upon to survive and resist. Key concerns include the interaction between the lawyers and their bureaucratic, professional and social environments and the forms and long term political impact of resistance. In addressing these issues, Pils offers a rare evaluative perspective on China’s legal and political system, and proposes new ways to assess domestic advocacy’s relationship with international human rights and rule of law promotion.

This book will be of great interest and use to students and scholars of law, Chinese studies, socio-legal studies, political studies, international relations, and sociology. It is also of direct value to people working in the fields of human rights advocacy, law, politics, international relations, and journalism.

Dimensions Of Privacy
by Hughes, Kirsty
Edition: 1st
Publish: Oct 2018
ISBN-13: 9781849463393
ISBN-10:1849463395
Status:Not yet published

Price: S$93.15

Book Description

Academics across the world, especially in the United States, have dedicated vast amounts of time and energy to studying privacy, etching out detailed
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Academics across the world, especially in the United States, have dedicated vast amounts of time and energy to studying privacy, etching out detailed theories of privacy, scrutinising it from a variety of perspectives, and weaving through disciplines, past, present and future trends, concerns and problems associated with the concept. British scholars, on the other hand, have traditionally taken a more doctrinal approach to the subject. Yet we can take those carefully crafted theoretical lenses, and peer through them to examine the right to privacy located in Article 8 of the European Convention on Human Rights. Moreover, by doing so we can also examine the quality and suitability of these theoretical lenses against the backdrop of non-American privacy jurisprudence. This book seeks to do this by analysing the following dimensions of privacy: scope, desirability, vulnerability, states, value, balance and remedy. The fruits of this analysis offer the first thematic account of the privacy protection afforded by Article 8 ECHR, and an external view on privacy theory.
Protest, Property And The Commons:performances Of Law And Resistance
by Finchett-Maddock, Lucy
Edition: 1st
Publish: Mar 2016
ISBN-13: 9780415858953
ISBN-10:041585895X
Status:Published

Price: S$214.25

Book Description

Protest, Property and the Commons focuses on the alternative property narratives of ‘social centres’, or political squats, and how the
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Protest, Property and the Commons focuses on the alternative property narratives of ‘social centres’, or political squats, and how the spaces and their communities create their own – resistant – form of law. Drawing on critical legal theory, legal pluralism, legal geography, poststructuralism and new materialism, the book considers how protest movements both use state law and create new, more informal, legalities in order to forge a practice of resistance. Invaluable for anyone working within the area of informal property in land, commons, protest and adverse possession, this book offers a ground-breaking account of the integral role of time, space and performance in the instituting processes of law and resistance.

Suburbs Under Siege:race, Space, And Audacious Judges
by Haar, Charles M.
Publish: Jul 2014
ISBN-13: 9780691605609
ISBN-10:0691605602
Status:Published

Price: S$60.61

Book Description

In Suburbs under Siege Charles Haar argues passionately that all people--rich or poor, black or white--have a constitutional right to live
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In Suburbs under Siege Charles Haar argues passionately that all people--rich or poor, black or white--have a constitutional right to live in the suburbs and that a socially responsible judiciary should vigorously uphold that right. For various reasons, American courts have generally failed to question local zoning regulations that trap the urban poor in the squalor of inner cities, away from decent housing and jobs in the suburbs. No U.S. Supreme Court case, for instance, has confronted exclusionary zoning rules, as Brown v. Board of Education once attacked school segregation. Instead, judges at all levels have most often reinforced the residential segregation that may well destroy American society. In this provocative book on the landmark Mount Laurel cases, Haar shows how the N.J. state judiciary broke out of this pattern of judicial behavior. These courageous, innovative judges attracted nationwide attention by challenging the forces of affluence that ruled the suburbs (and the legislature) of their state. Furthermore, they based their reasoning on the N.J. state constitution in order to protect their rulings from invalidation by the U.S. Supreme Court.

In the early 1970s, when the cases began, the plaintiffs, Ethel Lawrence and her daughter Thomasene, were barely making ends meet in the Philadelphia suburb of Mount Laurel, a town where their African-American ancestors had lived for seven generations. The Lawrences' dream was to live in a Mount Laurel garden apartment planned by a grassroots reform group as affordable housing: in their way stood a typical minimum acreage zoning ordinance. The eventual court victory of the Lawrences and their young public interest attorneys inspired other N.J. suits and a process of remediation that continues to this day, as judges, experts (special masters), the state legislature, and other citizens work to carry out the Mount Laurel principles. Haar's book is a bold attack on conventional doctrines of the separation of powers limitations on the judicial branch and a plea that judges across the country assume their proper responsibilities for fair housing before it is too late.

Originally published in 1996.

The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Children's Socio–Economic Rights, Democracy And The Courts
by Nolan Aoife
Edition: 1st ed.
Publish: Jun 2014
ISBN-13: 9781849467278
ISBN-10:1841137693
Status:Published

Price: S$41.92

Book Description

Aoife Nolan's important book uses constitutional and democratic theory, human rights, and case law from a variety of jurisdictions to show how the cou
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Aoife Nolan's important book uses constitutional and democratic theory, human rights, and case law from a variety of jurisdictions to show how the courts can and should give effect to children's socio-economic rights. Constituting a major contribution to scholarship, it is the first book to examine together children's socio-economic rights; children as democratic citizens; the implications of children's rights for democratic constitutional theory; the role of courts in ensuring the enforcement of children's rights and the debates surrounding the litigation and adjudication of socio-economic rights. 'Children's rights were often thought to be synonymous with economic and social welfare prior to the adoption of the Convention on the Rights of the Child in 1989. Ironically, since that time, remarkably little scholarship has been devoted to the vitally important economic and social rights dimensions of children's rights. Nolan's book singlehandedly remedies that neglect and does so in a sophisticated, nuanced and balanced way. It provides a superb account of the pros and cons of judicial activism in promoting these rights.' Philip Alston, John Norton Pomeroy Professor, NYU Law School Winner of the Kevin Boyle Book Prize 2012 for Outstanding Legal Scholarship
No Place To Hide : Edward Snowden, The Nsa, And The U.s. Surveillance State
by Greenwald, Glenn
Publish: May 2014
ISBN-13: 9781627790734
ISBN-10:162779073X
Status:Published

Price: S$39.96

Book Description

In May 2013, Glenn Greenwald set out for Hong Kong to meet an anonymous source who claimed to have astonishing evidence of pervasive government spy
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In May 2013, Glenn Greenwald set out for Hong Kong to meet an anonymous source who claimed to have astonishing evidence of pervasive government spying and insisted on communicating only through heavily encrypted channels. That source turned out to be the 29-year-old NSA contractor and whistleblower Edward Snowden, and his revelations about the agency’s widespread, systemic overreach proved to be some of the most explosive and consequential news in recent history, triggering a fierce debate over national security and information privacy. As the arguments rage on and the government considers various proposals for reform, it is clear that we have yet to see the full impact of Snowden’s disclosures.

Now for the first time, Greenwald fits all the pieces together, recounting his high-intensity ten-day trip to Hong Kong, examining the broader implications of the surveillance detailed in his reporting for The Guardian, and revealing fresh information on the NSA’s unprecedented abuse of power with never-before-seen documents entrusted to him by Snowden himself.

Going beyond NSA specifics, Greenwald also takes on the establishment media, excoriating their habitual avoidance of adversarial reporting on the government and their failure to serve the interests of the people. Finally, he asks what it means both for individuals and for a nation’s political health when a government pries so invasively into the private lives of its citizens—and considers what safeguards and forms of oversight are necessary to protect democracy in the digital age. Coming at a landmark moment in American history, No Place to Hide is a fearless, incisive, and essential contribution to our understanding of the U.S. surveillance state.

Equal Citizenship, Civil Rights, And The Constitution:the Original Sense Of The Privileges Or Immunities Clause
by Green, Christopher
Edition: 1st
Publish: Mar 2015
ISBN-13: 9781138846807
ISBN-10:1138846805
Status:Published

Price: S$176.99

Book Description

The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of
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The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context.

Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.

Exploring Disability Identity And Disability Rights Through Narratives:finding A Voice Of Their Own
by Malhotra, Ravi | Rowe, Morgan
Edition: 1st
Publish: Apr 2015
ISBN-13: 9781138918825
ISBN-10:1138918822
Status:Published

Price: S$55.87

Book Description

Building on David M. Engel and Frank W. Munger’s work analyzing the narratives of people with physical and learning disabilities, this book exami
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Building on David M. Engel and Frank W. Munger’s work analyzing the narratives of people with physical and learning disabilities, this book examines the life stories of twelve physically disabled Canadian adults through the prism of the social model of disablement. Using a grounded theory approach and with extensive reporting of the thoughts of the participants in their own words, the book uses narratives to explore whether an advocacy identity helps or hinders dealings with systemic barriers for disabled people in education, employment, and transportation.

The book underscores how both physical and attitudinal barriers by educators, employers and service providers complicate the lives of disabled people. The book places a particular focus on the importance of political economy and the changes to the labour market for understanding the marginalization and oppression of people with disabilities. By melding socio-legal approaches with insights from feminist, critical race, and queer legal theory, Ravi Malhotra and Morgan Rowe ask if we need to reconsider the social model of disablement, and proposes avenues for inclusive legal reform.

From Civil Partnership To Same–sex Marriage:interdisciplinary Reflections
by Barker, Nicola | Monk, Daniel
Edition: 1st
Publish: Apr 2015
ISBN-13: 9781138797536
ISBN-10:1138797537
Status:Published

Price: S$149.04

Book Description

The Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act 2013 are important legal, social and historical landmarks, rich in symbolic,
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The Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act 2013 are important legal, social and historical landmarks, rich in symbolic, material and cultural meanings. While fiercely opposed by many, within mainstream narratives they are often represented as a victory in a legal reform process that commenced with the decriminalisation of homosexuality. Yet, at the same time, for others they represent a problematic and ambivalent political engagement with the institution of marriage. Consequently, understood or labelled as ‘revolutionary’, ‘progressive’ and ‘conservative’, these legal reforms provide a space for thinking about issues that arguably affect everyone, regardless of sexual orientation or relationship status.

This edited collection brings together scholars and commentators from a range of backgrounds, generations and disciplines to reflect on the first ten years of civil partnerships and the introduction of same-sex marriage. Rather than rehearsing the arguments ‘for’ and ‘against’ relationship recognition, the essays ask original questions, draw on a variety of methods and collectively provide a detailed and reflective ‘snap shot’ of a critical moment, a ‘history of the present’ as well as providing a foundation for innovative ways of thinking about and engaging with the possibilities and experiences arising from the new reality of relationship recognition for gays and lesbians.

Essays On Human Rights:in Honour Of Professor Sir Nigel Rodley And Professor Kevin Boyle
by Gilbert, Geoff | Hampson, Francoise
Edition: 1st
Publish: Apr 2018
ISBN-13: 9781138878303
ISBN-10:1138878308
Status:Not yet published

Price: S$55.89

Book Description

The Delivery of Human Rights reflects on two overlapping issues in international human rights law: how can existing norms be better implem
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The Delivery of Human Rights reflects on two overlapping issues in international human rights law: how can existing norms be better implemented and effected, and how can other branches of international law or other international actors be used so as to provide an improved delivery of those norms. Rather than simply looking at the content of the rights, this book will also explore how the framers’ intention that individuals benefit from the norms can be achieved.

The book is written and published in honour of Professor Sir Nigel Rodley KBE. It celebrates his career as an academic and practitioner in the area of human rights. Professor Rodley acted as the UN Special Rapporteur on Torture from 1993 to 2001 and is currently a member of the UN Human Rights Committee. He is also a member of the International Commission of Jurists. Since 2001 he has been a Member of the UN Human Rights Committee, established under the International Covenant on Civil and Political Rights. In 1998 he was knighted in the Queen's New Year's Honours list for services to Human Rights and International Law and in 2000 he received an honorary LLD from Dalhousie University. He is Professor and Chair of the Human Rights Centre, University of Essex, having taught there since 1990.

The contributors to this volume are notable experts in the area of human rights law and include Paul Hunt, Malcolm Evans, Michael O’Flaherty and David Weissbrodt. The book addresses such topics as the Role of Special Rapporteurs, how can the absolute prohibition of torture be properly implemented, Responsibility to Protect, non-state actors, including businesses, and human rights.

Strategic Visions for Human Rights takes a multi-disciplinary approach to future directions for human rights. It looks beyond what international human rights treaties have so far established and considers the context in which rights in the twenty-first century might develop to meet needs. The book examines how international law might be utilized to protect groups rather than just individual members of the group and it also calls into question the liberal positivist approach to international law that provides the framework for human rights norms.

The book is written and published in honour of Professor Kevin Boyle. It celebrates his long career in human rights law both as an academic and a practising barrister. Professor Boyle has taken numerous cases on human rights issues to the European Court of Human Rights in Strasbourg and has long been involved in human rights aspects of the peace process in Northern Ireland. He has published widely on human rights issues, focusing on freedom of expression and religion and non-discrimination.

The contributors to this volume are well-known academics in the field of human rights and include Francesca Klug, Conor Gearty, David Beetham and Asbjorn Eide. Amongst some of the issues addressed in the book are the future of the European Court of Human Rights, the role of academics play in engendering transition to post-conflict democratic states, and human rights and religious pluralism.

Undocumented Immigrants In An Era Of Arbitrary Law:the Flight And The Plight Of People Deemed 'illegal'
by Barsky, Robert F.
Edition: 1st
Publish: Aug 2015
ISBN-13: 9781138849488
ISBN-10:1138849480
Status:Published

Price: S$175.10

Book Description

This book describes the experiences of undocumented migrants, all around the world, bringing to life the challenges they face from the moment they
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This book describes the experiences of undocumented migrants, all around the world, bringing to life the challenges they face from the moment they consider leaving their country of origin, until the time they are deported back to it. Drawing on a broad array of academic studies, including law, interpretation and translation studies, border studies, human rights, communication, critical discourse analysis and sociology, Robert Barsky argues that the arrays of actions that are taken against undocumented migrants are often arbitrary, and exercised by an array of officials who can and do exercise considerable discretion, both positive and negative.

Employing insights from a decade-long research project, Barsky also finds that every stop along the migrant’s pathway into, and inside of, the host country is strewn with language issues, relating to intercultural communication, interpretation, gossip, hearsay, and the challenges of peddling of linguistic wares in the social discourse marketplace. These language issues are almost always impediments to anodyne or productive interactions with host country officials, particularly on the "front-lines" where migrants encounter border patrol and law enforcement officers without adequate means of communicating their situation or understanding their rights. Since undocumented people are categorized as ‘illegal’, they can be subjected to abuse and exploitation by host country officials, who can choose to either tolerate or punish them on the basis of unpredictable, changeable, and even illusory or "arbitrary" laws and regulations.

Citing experts at every level of the undocumented immigrant apparatuses worldwide, from public defenders to interpreters, Barsky concludes that the only viable policy to address prevailing abuses and inequalities is to move towards open borders, an approach that would address prevailing issues and, surprisingly, provide security and economic benefits to both host and home countries.

Civil Procedure
by Emanuel, Steven L.
Edition: 25
Publish: Aug 2014
ISBN-13: 9781454840886

Status:Published

Price: S$66.53

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