Suchergebnisse

Not a day passes without political discussion of immigration. Reception of immigrants, their treatment, strategies seeing to their inclusion, management of migration flows, limitation of their numbers, the selection of immigrants; all are ongoing dialogues. European Societies, Migration, and the Law shows that immigrants, regardless of their individual status, their different backgrounds, or their different histories and motivations to move across borders, are often seen as 'the other' to the imaginary society of nationals making up the receiving (nation-)states. This book provides insights into this issue of 'othering' in the field of immigration and asylum law and policy in Europe. It provides an introduction to the mechanisms of 'othering' and reveals strategies and philosophies which lead to the 'othering' of immigrants. It exposes the tools applied in the implementation and application of legislation that separate, deliberately or not, immigrants from the receiving society.

Introduction to transgender rights and politics / Jami K. Taylor and Donald P. Haider-Markel -- Framing in the united states and abroad -- Issue framing and transgender politics : an examination of interest group websites and media coverage / Barry L. Tadlock -- Transgender policy in latin american countries : an overview and comparative perspective on framing / Jacob R. Longaker and Donald P. Haider-Markel -- Advocacy and interest groups -- Interest groups and transgender politics : opportunities and challenges / Anthony J. Nownes -- The advocacy coalition framework and transgender inclusion in lgbt rights activism / Jami K. Taylor and Daniel C. Lewis -- The diffusion and implementation of transgender-inclusive nondiscrimination policy -- Transgender-inclusive ordinances in cities : form of government, local politics, and vertical influences / Jami K. Taylor, Barry L. Tadlock, Sarah J. Poggione, and Brian DiSarro -- Is transgender policy different? : policy complexity, policy diffusion, andLGBT nondiscrimination law / Daniel C. Lewis, Jami K. Taylor, Brian DiSarro, and Matthew L. Jacobsmeier -- Executive expansion of transgender rights : electoral incentives to issue or revoke executive orders / Mitchell D. Sellers -- Policy learning, language, and implementation by local governments with transgender-inclusive nondiscrimination policies / Mitchell D. Sellers and Roddrick Colvin -- Beyond nondiscrimination policy -- Key issues in transgender health care policy and practice / Ryan Combs -- Birth certificate amendment laws and morality politics / Jami K. Taylor, Barry L. Tadlock, and Sarah J. Poggione -- Conclusion and future directions in transgender politics and policy / Jami K. Taylor and Donald P. Haider-Markel -- Contributors -- Index

With same-sex marriage igniting a firestorm of controversy in the press and in the courts, in legislative chambers and in living rooms, Andrew Sullivan, a pioneering voice in the debate, has brought together two thousand years of argument in an anthology of historic inclusiveness and evenhandedness. Among the selections included here:- The 2003 Massachusetts Supreme Judicial Court ruling in support of same-sex marriage- Justice Kennedy's majority opinion and Justice Scalia's dissent in the 2003 landmark Supreme Court decision striking down anti-sodomy laws- President George W. Bush's call for a Federal Marriage Amendment- John Kerry's Senate speech urging defeat of the Defense of Marriage Act- Harvard historian Nancy F. Cott's testimony before the Vermont House Judiciary Committee- Reverend Peter J. Gomes on the distinction between civil and religious marriage- Stanley Kurtz on the politics of gay marriage- Evan Wolfson on the popularity of the right to marry among lesbians and gay men- New York Times op-ed columnist David Brooks' conservative case for same-sex marriage- Excerpts from Genesis, Leviticus, and other essential biblical texts- Aristophanes's classic theory of same-sex love, from Plato's Symposium- Hannah Arendt on marriage as a fundamental right- Camille Paglia's skepticismRepresenting the full range of perspectives and the most cogent and arresting arguments, Same-Sex Marriage is essential to a balanced understanding of the most pressing cultural question we face today.From the Trade Paperback edition.

"These twelve essays constitute a groundbreaking volume of new work prepared by leading scholars in the fields of history, anthropology, constitutional law, political science, and sociology, who identify the many facets of what it means to be Métis in Canada today. After the Powley decision in 2003, Métis people were no longer conceptually limited to the historical boundaries of the fur trade in Canada. Key ideas explored in this collection include identity, rights, and issues of governance, politics, and economics. The book will be of great interest to scholars in political science and native studies, the legal community, public administrators, government policy advisors, and people seeking to better understand the Métis past and present

Setting the scene : humanitarianism in context -- Defining the acquis humanitaire -- Protection of persons in humanitarian crises -- Strengthening the web of international legal protection -- International human rights law -- Law of armed conflict -- International criminal law -- International disaster laws -- Refugee and displaced persons law -- Crystallisation of a general right to humanitarian assistance

The Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. The Handbook aspires to be global, both legally and geographically. Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law.

The Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. The Handbook aspires to be global, both legally and geographically. Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law.

Islamophobia and the Law is a foundational volume of critical scholarship on the emerging form of bigotry widely known as Islamophobia. This book brings together leading legal scholars to explore the emergence and rise of Islamophobia after the 9/11 terror attacks, particularly how the law brings about state-sponsored Islamophobia and acts as a dynamic catalyst of private Islamophobia and vigilante violence against Muslims. The first book of its kind, it is a critical read for scholars and practitioners, advocates and students interested in deepening their knowledge of the subject matter. This collection addresses Islamophobia in race, immigration and citizenship, criminal law and national security, in the use of courts to advance anti-Muslim projects and in law and society.

In The Common Law Inside the Female Body, Anita Bernstein explains why lawyers seeking gender progress from primary legal materials should start with the common law. Despite its reputation for supporting conservatism and inequality, today's common law shares important commitments with feminism, namely in precepts and doctrines that strengthen the freedom of individuals and from there the struggle against the subjugation of women. By re-invigorating both the common law - with a focus on crimes, contracts, torts, and property - and feminist jurisprudence, this highly original work anticipates a vital future for a pair of venerable jurisprudential traditions. It should be read by anyone interested in understanding how the common law delivers an extraordinary degree of liberty and security to all persons - women included

Shifts in state boundaries and socio-economic structures deeply affected the political landscape in nineteenth-century Italy, coinciding with changes to the legal system. The patriarchal, hierarchical and strict class stratification of society saw women redefining their sense of self and rethinking their identities beyond the traditional domestic roles of daughter, wife and mother. This volume charts the process and, by analysing the law in action and women's interaction with it, recovers the forgotten voices and stories of ordinary women who, in their everyday lives, reacted against the limitations and constraints imposed upon them. The picture which emerges gives an alternative interpretation of the nineteenth-century image of women: they understood the law, questioned obedience, challenged authority and stood up for themselves. Though they did not always achieve their goals, their actions contributed to shaping our present. --

Interrogating the concepts of allegiance and identity in a globalised world involves renewing our understanding of membership and participation within and beyond the nation-state. Allegiance can be used to define a singular national identity and common connection to a nation-state. In a global context, however, we need more dynamic conceptions to understand the importance of maintaining diversity and building allegiance with others outside borders. Understanding how allegiance and identity are being reconfigured today provides valuable insights into important contemporary debates around citizenship. This book reveals how public and international law understand allegiance and identity. Each involves viewing the nation-state as fundamental to concepts of allegiance and identity, but they also see the world slightly differently. With contributions from philosophers, political scientists and social psychologists, the result is a thorough appraisal of allegiance and identity in a range of socio-legal contexts

In this history of debate over journalists' confidential sources, starting in 1894, Smith employs contemporary theories of constitutional interpretation to weave a surprising narrative melding legislature-made statutory law and court-made constitutional law. Working under the banner of ""popular constitutionalism,"" Smith tests Michael Gerhardt's theory of non-judicial precedents to illuminate the role journalists and press advocates played in shaping the path of constitutional law and giving voice to deeply felt First Amendment values. Along the way, the author corrects the historical record

Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Dedication -- Table of Contents -- List of Figures -- Preface -- 1 Argumento -- Argument and Rationale -- Historical Significance -- Methodology -- Literature Review -- Sources -- Organization -- 2 The Formation of Las Casas's Juridical Voice: Historical Matrix -- Ascendancy of the Renaissance -- Continuity and Change in Fifteenth-Century Spain -- Demographic and Economic Developments in Spain -- Political Power of Isabel and Ferdinand -- Religious Purview of the Catholic Monarchs -- Possession and Destruction of the Indies -- 3 The Formation of Las Casas's Juridical Voice: Disciplines of and Studies in Canon Law and Theology -- Discipline of Canon Law -- Las Casas's Canon Law Studies -- Discipline of Theology and Dominican Reforms -- Las Casas's Dominican Formation -- Convergence of Canon Law and Theology -- Distinctiveness of Las Casas's Juridical Voice -- 4 The Articulation of Las Casas's Juridical Voice: Debates about Level of Humanity and Religious Capacity -- Anthropo-status Debate -- Assessment of Initial Appraisals -- Initiation of Public Debate -- Response of Las Casas, the Young Cleric -- Polarized Discourse in Church, Academia, and Court -- Response of Las Casas, the Friar and Bishop -- Religious Debate -- Primary Goal of Evangelization -- Missiological Challenges of Ignorance -- Missiological Challenge of Goals -- Missiological Challenge of Methods -- Las Casas's Peaceful and Persuasive Missiology -- Ultimate Goal of Salvation and Las Casas's Soteriology -- 5 The Articulation of Las Casas's Juridical Voice: Debates about Economic Institutions and Political Dominium -- Economic Debate -- Initial Economic Development -- Emergence and Development of Encomienda -- Emergence and Development of Slavery -- Las Casas's Juridical Assessment and Condemnation.

Political theorists often imagine themselves as political architects, asking what an ideal set of laws or social structures might look like. Yet persistent injustices can endure for decades or even centuries despite such ideal theorizing. In circumstances of this kind, it is essential for political theorists to think carefully about the political choices normatively available to those who directly face persistent injustices and seek to change them. This book focuses on the claims of Aboriginal peoples to better treatment from the United States and Canada.