Suchergebnisse

Cover -- Contents -- Preface -- Introduction: Which Way Out of Colonialism? -- 1 "Getting to a Better Place": Qwi:qwelstóm, the Stó:lō, and Self-Determination -- 2 An Apology Feast in Hazelton: Indian Residential Schools, Reconciliation, and Making Space for Indigenous Legal Traditions -- 3 Reconciliation without Respect? Section 35 and Indigenous Legal Orders -- 4 Legal Processes, Pluralism in Canadian Jurisprudence, and the Governance of Carrier Medicine Knowledge -- 5 Territoriality, Personality, and the Promotion of Aboriginal Legal Traditions in Canada -- Contributors -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- L -- M -- N -- P -- Q -- R -- S -- T -- U -- V -- W -- X -- Y.

"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. Ultimately, the Handbook provides an account, as well as a critique, of the status quo, and in so doing it sets the agenda for future academic research in international refugee law"

Intro -- Contents -- Acknowledgments -- Introduction -- Part One: The Apartheid of the Closet -- 1. Masquerade and the Law, 1880-1946 -- 2. Kulturkampf and the Threatening Closet, 1946-1961 -- 3. Coming Out and Challenging the Closet, 1961-1981 -- Part Two: Remnants of the Closet (Don't Ask, Don't Tell) -- 4. Hardwick and Historiography -- 5. The Sexualized First Amendment -- 6. Multivocal Prejudices and Homo Equality -- Part Three: After the Closet: Queer Theory and the Sexual State -- 7. Sexual Consent Paradoxes -- 8. Beyond Families We Choose -- 9. Religion and Homosexuality: Equality Practice -- Appendixes: Regulating Sexual and Gender Variation in the United States -- A: Early Municipal and State Regulation of Sexual and Gender Variation -- A1. State Consensual Sodomy Laws, 1610-1998 -- A2. Municipal Sex Offense Ordinances, 1850-1950 -- A3. State Criminal Laws Protecting the Sexuality of Male as Well as Female Minors, 1870-1970 -- B: Modern State and Municipal Regulation -- B1. State Sexual Psychopath Laws, 1935-1961 -- B2. State and Municipal Laws against Sexual Orientation Discrimination, 1972-1998 -- B3. State and Federal Policies Discriminating on the Basis of Sexual or Gender Variations, 1998 -- C: Statistics -- C1. Sodomy Arrests, Twelve American Cities, 1875-1965 -- C2. Reported "Sodomy" Cases, 1880-1995 -- C3. "Degenerates" Arraigned in New York City's Magistrates' Courts 1915-1962 -- C4. Sex Offense Arrests in St. Louis, 1874-1946 -- C5. Military Personnel Discharged on Grounds of Homosexuality, 1947-1998 -- C6. Sexual Outlaws Debarred from Entering the United States by Immigration Authorities, 1892-1956 -- Notes -- Index.

An insightful survey of the legal issues, both national and international, that affect the cross-border employment relationship today. Essays by practitioners from North America and Europe offer prudent procedures-and warn of pitfalls-in such areas as hiring and firing, expatriate employment issues, the extraterritorial effect of domestic employment laws, corporate codes of conduct, employee benefits in the multinational corporation, and employment issues in international business transactions and trade agreements. Published under the Transnational Publishers imprint

Examines regional and international conventions; studies of African cases of expulsion of migrant workers, deportation of Haitians and Dominico-Haitians from the Dominican Republic in 1991, stateless persons, and refugees.

Legal scholar and former public defender Beth C. Caldwell tells the story of dozens of immigrants who were deported from the United States--the only country they have ever known--to Mexico, tracking the harmful consequences of deportation for those on both sides of the border.

Are victims of armed conflict entitled to reparation, which legal rules govern the question, and how can reparation be implemented? These key questions of transitional justice are examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. They discuss how regional human rights case law, international criminal law, the practice of ad hoc international bodies, and domestic practice give rise to a right to reparation. This right emerges out of the interplay between international and domestic law. The problems of mass claims, fragile statehood, and the high risk of marginalisation of particular groups of victims are addressed. The analysis is alert to the current backlash against international legal institutions, and to the practical constraints in making post-conflict law work. The multiperspectivism of the trialogical setting exposes the divergence and complementarity of the authors' approaches and leads to a richer understanding of the law of reparation.

Intro -- U.S. DETAINEES AND ENEMY BELLIGERENTS LEGAL CASES, CONSIDERATIONS AND PROVISIONS -- U.S. DETAINEES AND ENEMY BELLIGERENTS LEGAL CASES, CONSIDERATIONS AND PROVISIONS -- CONTENT -- PREFACE -- Chapter 1 DETENTION OF U.S. PERSONS AS ENEMY BELLIGERENTS -- ABSTRACT -- BACKGROUND -- STATUS AND DETENTION OF PERSONS IN WAR -- U.S. PRACTICE - DETENTION OF ENEMIES ON U.S. TERRITORY -- The "Quasi War" with France and the War of 1812 -- The Civil War -- Ex Parte Milligan -- Other "Insurrections" - Moyer v. Peabody -- World War I -- Treatment of Enemies during World War II -- Ex Parte Quirin -- In Re Territo -- Internment of Enemy Civilians -- The Cold War -- The Emergency Detention Act -- The Non-Detention Act -- RECENT "ENEMY COMBATANT" CASES CONTINUED -- The Padilla Case -- The Al-Marri Case -- THE ROLE OF CONGRESS -- Congressional Authority -- Proposed Legislation -- CONCLUSION -- End Notes -- Chapter 2 THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FY2012: DETAINEE MATTERS -- ABSTRACT -- INTRODUCTION -- BACKGROUND -- Scope of Detention Authority Conferred by the AUMF -- Status Determinations for Unprivileged Enemy Belligerents -- "Recidivism" and Restrictions on Transfer -- 2012 NDAA: SUMMARY AND ANALYSIS OF DETAINEE PROVISIONS -- Detention Authority -- Mandatory Military Detention -- Periodic Review of Detention of Persons at Guantanamo -- Status Determination of Wartime Detainees -- Security Protocols for Guantanamo Detainees -- Transfer or Release of Wartime Detainees into the United States -- Transfer or Release of Guantanamo Detainees to Foreign Countries -- Consultation Requirement Regarding Terrorism Trials -- Military Commissions Act Revision -- General Counterterrorism Matters -- End Notes -- Chapter 3 JUDICIAL ACTIVITY CONCERNING ENEMY COMBATANT DETAINEES: MAJOR COURT RULINGS* -- ABSTRACT -- INTRODUCTION

"Contemporary European societies are multi-ethnic and multi-cultural, certainly in terms of the diversity which has stemmed from the immigration of workers and refugees and their settlement. Currently, however, there is widespread, often acrimonious, debate about 'other' cultural and religious beliefs and practices and limits to their accommodation. This book focuses principally on Muslim families, and concerns how gender relations, and associated questions of (women's) agency, consent and autonomy, have become the focus of political and social commentary, with followers of the religion under constant public scrutiny and criticism. In short, Islam generally and the Muslim family in particular have become highly politicized sites of contestation, and the book considers how and why and with what implications for British multiculturalism, past, present and perhaps future. Practices concerning marriage and divorce are especially controversial and the book includes a detailed overview of the public debate about the application of Islamic legal and ethical norms (Shariʹa) in family law matters, and the associated role of Shariʹa councils, in a British context. The study will be of great interest to international scholars and academics researching the governance of diversity and the accommodation of other faiths including Islam"--Unedited summary from book cover.

"This volume examines cases of accommodation and recognition of minority practices: cultural, religious, ethnic, linguistic or otherwise, under state law. The collection presents selected situations and experiences from a variety of regions and from different legal traditions around the world in which diverse societal stakeholders and political actors have engaged in processes leading to the elaboration of creative, innovative and, to a certain extent, sustainable solutions via accommodative laws or practices. Representing multiple disciplines and methodologies and written by esteemed scholars, the work analyses the pitfalls and successes of such accommodative practices, presenting insights into how solutions could or could not be achieved. The chapters address the sustainability and transferability of such solutions in order to further the dialogue in both scholarly and policy spheres"--