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Constitutional Law


Human Rights for the 21st Century: Sovereignty, Civil Society, Culture (Stanford Studies in Human Rights)

Human Rights for the 21st Century: Sovereignty, Civil Society, Culture (Stanford Studies in Human Rights) Lowest new price: $18.71
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Author: Helen M. Stacy

A new moral, ethical, and legal framework is needed for international human rights law. Never in human history has there been such an elaborate international system for human rights, yet from massive disasters, such as the Darfur genocide, to everyday tragedies, such as female genital mutilation, human rights abuses continue at an alarming rate. As the world population increases and global trade brings new wealth as well as new problems, international law can and should respond better to those who live in fear of violence, neglect, or harm. Modern critiques global human rights fall into three categories: sovereignty, culture, and civil society. These are not new problems, but have long been debated as part of the legal philosophical tradition. Taking lessons from tradition and recasting them in contemporary light, Helen Stacy proposes new approaches to fill the gaps in current approaches: relational sovereignty, reciprocal adjudication, and regional human rights. She forcefully argues that law and courts must play a vital role in forging a better human rights vision in the future.

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Cracking The Egg-man

Cracking The Egg-man Lowest new price: $45.49
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Author: Homer W. Walker
Brand: Brand: H Walker Son Inc

An Explosive New Release book based on a true story of an African American businessman in Eastern North Carolina.

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Human Rights Matters: Local Politics and National Human Rights Institutions (Stanford Studies in Human Rights)

Human Rights Matters: Local Politics and National Human Rights Institutions (Stanford Studies in Human Rights) Lowest new price: $14.24
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Author: Julie A. Mertus
Brand: Brand: Stanford University Press

Among human rights advocates, dominant wisdom holds that the promotion and protection of human rights relies not on international efforts, but on domestic action. International institutions may capture news headlines, but it is national groups that effectively shape local expectations and ultimately make human rights matter. Through a series of case studies and an extensive range of interviews with the administrators and constituencies of national human rights institutions, Julie Mertus offers a close look at the day-to-day workings of these groups. She presents an unusual and lively set of European cases―examining Bosnia, the Czech Republic, Denmark, Germany, and Northern Ireland―to illustrate how local culture matters in promoting human rights. But even with the obvious successes of these institutions, Mertus offers a cautionary tale. National institutions are incredibly difficult to design and operate, and they are only as good as the domestic political and economic factors will allow. It is too frequently seen that the countries most supportive of human rights on the world stage may prove to be highly disappointing back home.

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Refugee Law in Context:The Exclusion Clause

Refugee Law in Context:The Exclusion Clause Lowest new price: $73.94
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Brand: Brand: T.M.C. Asser Press

Both the 1951 Refugee Convention and the 1948 Universal Declaration of Human Rights clearly indicate those asylum seekers who should be excluded from refugee status, excluded from asylum. The refugee lawyer, in order to fully appreciate the importance and relevance of this principle, needs to look beyond refugee law proper. The insight needed for the decision whether or not to apply the so-called 'exclusion clause' is to be found elsewhere within the realms of international law: international humanitarian law, international criminal law and United Nations law. In this publication, contributors pay ample attention to developments in these related fields. Complemented with a wealth of relevant materials, including informative treaties, conventions and (draft-)resolutions on these very themes, this book is an indispensable guide for all those involved with asylum seekers, refugees and the upholding of the principles of refugee law. This collection amounts to a true Article 1F Handbook.

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Immigrants at the Margins: Law, Race, and Exclusion in Southern Europe (Cambridge Studies in Law and Society)

Immigrants at the Margins: Law, Race, and Exclusion in Southern Europe (Cambridge Studies in Law and Society) Lowest new price: $127.74
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Author: Kitty Calavita
Brand: Brand: Cambridge University Press

This provocative volume explores immigration law in Spain and Italy, and exposes the tension between the temporary legal status of most immigrants, and the government emphasis on integration. It demonstrates the connections among immigrants' role as cheap labor--carefully inscribed in law--and their social exclusion and racialization. At the broadest level, the book engages questions of citizenship and belonging in this global era. It uniquely combines analysis of immigration laws and immigrants' daily experiences.

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Justice Across Borders: The Struggle for Human Rights in U.S. Courts

Justice Across Borders: The Struggle for Human Rights in U.S. Courts Lowest new price: $26.96
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Author: Jeffrey Davis
Brand: Brand: Cambridge University Press

This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute - a dormant provision of the 1789 Judiciary Act - for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. The book examines attempts by human rights groups to use the law to enforce human rights norms. It explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim. Moreover, it analyzes the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.

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The Conspiracy of the Good: Civil Rights and the Struggle for Community in Two American Cities, 1875-2000 (History of Schools and Schooling)

The Conspiracy of the Good: Civil Rights and the Struggle for Community in Two American Cities, 1875-2000 (History of Schools and Schooling) Lowest new price: $40.87
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Author: Michael James E.
Brand: Brand: Peter Lang International Academic Publishers

The Conspiracy of the Good addresses nagging questions that are part of the public debate over schooling. Why do our public schools, especially those in poor and working-class communities of color, fail to live up to the promises of the American dream? Why do reforms, those standard items in political campaigns, fail to create meaningful change? This book argues that «progressive», well-meaning, good-hearted men and women, who often advocate «good intentions» in the name of «helping those in need», have ended up doing more harm than good. The Conspiracy of the Good explores how these «good intentions» go awry. Michael E. James argues that the core value of the American experience is conflict – not consensus – despite what mainstream historians have espoused over the last few decades.

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Sexual Orientation Discrimination in the European Union: National Laws and the Employment Equality Directive

Sexual Orientation Discrimination in the European Union: National Laws and the Employment Equality Directive Lowest new price: $60.00
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Author: Kees Waaldijk
Brand: K Waaldijk Matteo Bonini Baraldi

Chapter 1 1 Introduction Among the recent positive developments in European Union law with regard to the legal situation of lesbian, gay and bisexual persons, the clear prohibition of discrimination in employment and occupation contained in the Employment Equality Directive is the most important. Certainly, since 1999 article 13 of the EC Treaty, which forms the legal basis for this Directive, already mentions sexual orientation among the protected grounds, but this Treaty provision only enables the Council of the EC to adopt appropriate action against discrimination. This is precisely what happened on 27 November 2000, when the Council adopted Directive 2000/78/EC establishing a general framework for equal treatment in em- 2 ployment and occupation (hereafter the Directive). Prior to its enactment, eight of the then fifteen Member States, two of the current new Member States (the Czech Republic and Slovenia), and one of the current acceding countries (- mania) had legislation in place prohibiting sexual orientation discrimination in employment. However, these laws followed a variety of approaches, which were not always consistent with the Directive’s requirements. All Member States were required to make some changes to their legislative framework in order to imp- ment the provisions of the Directive with respect to discrimination based on sexual orientation (and with respect to discrimination based on any of the three other grounds covered by the Directive: religion or belief, disability, age).

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Slavery's Constitution: From Revolution to Ratification

Slavery's Constitution: From Revolution to Ratification Lowest new price: $51.98
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Author: David Waldstreicher
Brand: Brand: Hill and Wang

Taking on decades of received wisdom, David Waldstreicher has written the first book to recognize slavery’s place at the heart of the U.S. Constitution. Famously, the Constitution never mentions slavery. And yet, of its eighty-four clauses, six were directly concerned with slaves and the interests of their owners. Five other clauses had implications for slavery that were considered and debated by the delegates to the 1787 Constitutional Convention and the citizens of the states during ratification. This “peculiar institution” was not a moral blind spot for America’s otherwise enlightened framers, nor was it the expression of a mere economic interest. Slavery was as important to the making of the Constitution as the Constitution was to the survival of slavery.
 
By tracing slavery from before the revolution, through the Constitution’s framing, and into the public debate that followed, Waldstreicher rigorously shows that slavery was not only actively discussed behind the closed and locked doors of the Constitutional Convention, but that it was also deftly woven into the Constitution itself. For one thing, slavery was central to the American economy, and since the document set the stage for a national economy, the Constitution could not avoid having implications for slavery. Even more, since the government defined sovereignty over individuals, as well as property in them, discussion of sovereignty led directly to debate over slavery’s place in the new republic.
 
Finding meaning in silences that have long been ignored, Slavery’s Constitution is a vital and sorely needed contribution to the conversation about the origins, impact, and meaning of our nation’s founding document.

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International Human Rights in Context: Law, Politics, Morals: Text and Materials

International Human Rights in Context: Law, Politics, Morals: Text and Materials Lowest new price: $76.35
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Author: Henry J. Steiner
Brand: Brand: Oxford University Press, USA

International Human Rights in Context presents diverse materials consisting of extensive authors' text and questions; sharply edited primary materials ranging from intergovernmental or NGO reports to treaties, resolutions and decisions; and excerpts from secondary readings in law and legal theory, as well as other pertinent fields such as international relations, moral and political theory, and anthropology. The book introduces students to those organizing concepts and topics of public international law that are vital to understanding human rights issues. It stresses throughout the relationships among human rights norms, processes and institutions, as well as relationships between international and internal orders. The topics include civil and political rights, economic and social rights, intergovernmental and non-governmental institutions, universal and regional regimes, human rights and foreign policy, democratization, women's rights, self determination and autonomy regimes, individual criminal responsibility, and development. The book's broad themes include universalism and cultural relativism, rights or duties as organizing conceptions, the relevance of the private-public distinction, and transformed conceptions of statehood and sovereignty.

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