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Book Resolving Conflicts between Human Rights

Download or read book Resolving Conflicts between Human Rights written by Stijn Smet and published by Taylor & Francis. This book was released on 2016-11-10 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book’s core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.

Book War and Liberty

    Book Details:
  • Author : Geoffrey R. Stone
  • Publisher : W. W. Norton & Company
  • Release : 2007
  • ISBN : 9780393330045
  • Pages : 256 pages

Download or read book War and Liberty written by Geoffrey R. Stone and published by W. W. Norton & Company. This book was released on 2007 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Award-winning author Stone has created an in-depth examination of how constitutional rights have fared under the current president, and reveals how the government has suppressed civil liberties in times of war throughout American history.

Book The Encyclopedia of Civil Liberties in America

Download or read book The Encyclopedia of Civil Liberties in America written by David Schultz and published by Routledge. This book was released on 2015-04-10 with total page 1234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Driven by the growing reality of international terrorism, the threats to civil liberties and individual rights in America are greater today than at any time since the McCarthy era in the 1950s. At this critical time when individual freedoms are being weighed against the need for increased security, this exhaustive three-volume set provides the most detailed coverage of contemporary and historical issues relating to basic rights covered in the United States Constitution. The Encyclopedia of Civil Liberties in America examines the history and hotly contested debates surrounding the concept and practice of civil liberties. It provides detailed history of court cases, events, Constitutional amendments and rights, personalities, and themes that have had an impact on our freedoms in America. The Encyclopedia appraises the state of civil liberties in America today, and examines growing concerns over the limiting of personal freedoms for the common good. Complete with selected relevant documents and a chronology of civil liberties developments, and arranged in A-Z format with multiple indexes for quick reference, The Encyclopedia of Civil Liberties in America includes in-depth coverage of: freedom of speech, religion, press, and assembly, as outlined in the first amendment; protection against unreasonable search and seizure, as outlined in the fourth amendment; criminal due process rights, as outlined in the fifth, sixth, seventh, and eighth amendments; property rights, economic liberties, and other rights found within the text of the United States Constitution; Supreme Court justices, presidents, and other personalities, focusing specifically on their contributions to or effect on civil liberties; concepts, themes, and events related to civil liberties, both practical and theoretical; court cases and their impact on civil liberties.

Book The Centaur s Dilemma

Download or read book The Centaur s Dilemma written by James E. Baker and published by Brookings Institution Press. This book was released on 2020-12-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assessing the legal and practical questions posed by the use of artificial intelligence in national security matters The increasing use of artificial intelligence poses challenges and opportunities for nearly all aspects of society, including the military and other elements of the national security establishment. This book addresses how national security law can and should be applied to artificial intelligence, which enables a wide range of decisions and actions not contemplated by current law. James Baker, an expert in national security law and process, adopts a realistic approach in assessing how the law—even when not directly addressing artificial intelligence—can be used, or even misused, to regulate this new technology. His new book covers, among other topics, national security process, constitutional law, the law of armed conflict, arms control, and academic and corporate ethics. With his own background as a judge, he examines potential points of contention and litigation in an area where the law is still evolving and might not yet provide clear and certain answers. The Centaur's Dilemma also analyzes potential risks associated with the use of artificial intelligence in the realm of national security—including the challenges of machine-human interface, operating (or not operating) the national-security decision-making process at machine speed, and the perils of a technology arms race. Written in plain English, The Centaur's Dilemma will help guide policymakers, lawyers, and technology experts as they deal with the many legal questions that will arise when using artificial intelligence to plan and carry out the actions required for the nation's defense.

Book Dilemmas of a Trading Nation

Download or read book Dilemmas of a Trading Nation written by Mireya Solis and published by Brookings Institution Press. This book was released on 2017-08-01 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The balancing of competing interests and goals will have momentous consequences for Japan—and the United States—in their quest for economic growth, social harmony, and international clout. Japan and the United States face difficult choices in charting their paths ahead as trading nations. Tokyo has long aimed for greater decisiveness, which would allow it to move away from a fragmented policymaking system favoring the status quo in order to enable meaningful internal reforms and acquire a larger voice in trade negotiations. And Washington confronts an uphill battle in rebuilding a fraying domestic consensus in favor of internationalism essential to sustain its leadership role as a champion of free trade. In Dilemmas of a Trading Nation, Mireya Solís describes how accomplishing these tasks will require the skillful navigation of vexing tradeoffs that emerge from pursuing desirable, but to some extent contradictory goals: economic competitiveness, social legitimacy, and political viability. Trade policy has catapulted front and center to the national conversations taking place in each country about their desired future direction—economic renewal, a relaunched social compact, and projected international influence. Dilemmas of a Trading Nation underscores the global consequences of these defining trade dilemmas for Japan and the United States: decisiveness, reform, internationalism. At stake is the ability of these leading economies to upgrade international economic rules and create incentives for emerging economies to converge toward these higher standards. At play is the reaffirmation of a rules-based international order that has been a source of postwar stability, the deepening of a bilateral alliance at the core of America's diplomacy in Asia, and the ability to reassure friends and rivals of the staying power of the United States. In the execution of trade policy today, we are witnessing an international leadership test dominated by domestic governance dilemmas.

Book The American Civil Liberties Union

Download or read book The American Civil Liberties Union written by Samuel Walker and published by Routledge. This book was released on 2021-03-19 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its founding after World War I, the American Civil Liberties Union has become an integral part of American society. The history of the ACLU parallels the extension of civil rights and liberties in the United States. With a total of 1454 entries spanning almost three quarters of a century, this annotated bibliography provides an important research tool for scholars, attorneys, and policy analysts. The author has organized the work into six chapters: general works concerning the ACLU, the history of the organization, contemporary and related civil liberties issues, ACLU leaders, and resources to guide scholars.

Book Security V  Liberty

    Book Details:
  • Author : Daniel Farber
  • Publisher : Russell Sage Foundation
  • Release : 2008-04-24
  • ISBN : 9780871543271
  • Pages : 258 pages

Download or read book Security V Liberty written by Daniel Farber and published by Russell Sage Foundation. This book was released on 2008-04-24 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the varied ways in which threats to national security have affected civil liberties throughout American history. Has the government’s response to such threats led to a gradual loss of freedoms once taken for granted, or has the nation learned how to restore civil liberties after threats subside and how to put protections in place for the future? The authors focus on periods of national emergency in the twentieth century—from World War I through the Vietnam War—to explore how past episodes might bear upon today’s dilemma. They show that civil liberties are a not an immutable right, but the historically shifting result of a continuous struggle that has extended over two centuries. From publisher description.

Book The Mind of the Censor and the Eye of the Beholder

Download or read book The Mind of the Censor and the Eye of the Beholder written by Robert Corn-Revere and published by Cambridge University Press. This book was released on 2021-11-04 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book explores the importance of free speech in America by telling the stories of its chief antagonists - the censors.

Book Freedom in the World 2018

Download or read book Freedom in the World 2018 written by Freedom House and published by Rowman & Littlefield. This book was released on 2019-01-31 with total page 1265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 195 countries and fifteen territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.

Book The Last Years of Apartheid

Download or read book The Last Years of Apartheid written by John Dugard and published by David Philip Publishers. This book was released on 1992 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ch. I. The law of apartheid / John Dugard -- Ch. II. Civil liberties under emergency rule / Gilbert Marcus -- Ch. III. The total strategy: the South African security forces and the suppression of civil liberties / Nicholas Haysom -- Ch. IV. Blacks and the administration of justice / John Dugard -- Ch. V. Looking ahead / John Dugard.

Book Perilous Times

    Book Details:
  • Author : Geoffrey R. Stone
  • Publisher : W. W. Norton & Company
  • Release : 2004
  • ISBN : 9780393058802
  • Pages : 758 pages

Download or read book Perilous Times written by Geoffrey R. Stone and published by W. W. Norton & Company. This book was released on 2004 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt: Geoffrey Stone's Perilous Times incisively investigates how the First Amendment and other civil liberties have been compromised in America during wartime. Stone delineates the consistent suppression of free speech in six historical periods from the Sedition Act of 1798 to the Vietnam War, and ends with a coda that examines the state of civil liberties in the Bush era. Full of fresh legal and historical insight, Perilous Times magisterially presents a dramatic cast of characters who influenced the course of history over a two-hundred-year period: from the presidents—Adams, Lincoln, Wilson, Roosevelt, and Nixon—to the Supreme Court justices—Taney, Holmes, Brandeis, Black, and Warren—to the resisters—Clement Vallandingham, Emma Goldman, Fred Korematsu, and David Dellinger. Filled with dozens of rare photographs, posters, and historical illustrations, Perilous Times is resonant in its call for a new approach in our response to grave crises.

Book Making All the Difference

    Book Details:
  • Author : Martha Minow
  • Publisher : Cornell University Press
  • Release : 2016-10-01
  • ISBN : 1501705091
  • Pages : 420 pages

Download or read book Making All the Difference written by Martha Minow and published by Cornell University Press. This book was released on 2016-10-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should a court order medical treatment for a severely disabled newborn in the face of the parents' refusal to authorize it? How does the law apply to a neighborhood that objects to a group home for developmentally disabled people? Does equality mean treating everyone the same, even if such treatment affects some people adversely? Does a state requirement of employee maternity leave serve or violate the commitment to gender equality?Martha Minow takes a hard look at the way our legal system functions in dealing with people on the basis of race, gender, age, ethnicity, religion, and disability. Minow confronts a variety of dilemmas of difference resulting from contradictory legal strategies—strategies that attempt to correct inequalities by sometimes recognizing and sometimes ignoring differences. Exploring the historical sources of ideas about difference, she offers challenging alternative ways of conceiving of traits that legal and social institutions have come to regard as "different." She argues, in effect, for a constructed jurisprudence based on the ability to recognize and work with perceptible forms of difference.Minow is passionately interested in the people—"different" people—whose lives are regularly (mis)shaped and (mis)directed by the legal system's ways of handling them. Drawing on literary and feminist theories and the insights of anthropology and social history, she identifies the unstated assumptions that tend to regenerate discrimination through the very reforms that are supposed to eliminate it. Education for handicapped children, conflicts between job and family responsibilities, bilingual education, Native American land claims—these are among the concrete problems she discusses from a fresh angle of vision.Minow firmly rejects the prevailing conception of the self that she believes underlies legal doctrine—a self seen as either separate and autonomous, or else disabled and incompetent in some way. In contrast, she regards the self as being realized through connection, capable of shaping an identity only in relationship to other people. She shifts the focus for problem solving from the "different" person to the relationships that construct that difference, and she proposes an analysis that can turn "difference" from a basis of stigma and a rationale for unequal treatment into a point of human connection. "The meanings of many differences can change when people locate and revise their relationships to difference," she asserts. "The student in a wheelchair becomes less different when the building designed without him in mind is altered to permit his access." Her book evaluates contemporary legal theories and reformulates legal rights for women, children, persons with disabilities, and others historically identified as different.Here is a powerful voice for change, speaking to issues that permeate our daily lives and form a central part of the work of law. By illuminating the many ways in which people differ from one another, this book shows how lawyers, political theorist, teachers, parents, students—every one of us—can make all the difference,

Book Freedom on the Offensive

    Book Details:
  • Author : William Michael Schmidli
  • Publisher : Cornell University Press
  • Release : 2022-09-15
  • ISBN : 1501765167
  • Pages : 184 pages

Download or read book Freedom on the Offensive written by William Michael Schmidli and published by Cornell University Press. This book was released on 2022-09-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Freedom on the Offensive, William Michael Schmidli illuminates how the Reagan administration's embrace of democracy promotion was a defining development in US foreign relations in the late twentieth century. Reagan used democracy promotion to refashion the bipartisan Cold War consensus that had collapsed in the late 1960s amid opposition to the Vietnam War. Over the course of the 1980s, the initiative led to a greater institutionalization of human rights—narrowly defined to include political rights and civil liberties and to exclude social and economic rights—as a US foreign policy priority. Democracy promotion thus served to legitimize a distinctive form of US interventionism and to underpin the Reagan administration's aggressive Cold War foreign policies. Drawing on newly available archival materials, and featuring a range of perspectives from top-level policymakers and politicians to grassroots activists and militants, this study makes a defining contribution to our understanding of human rights ideas and the projection of American power during the final decade of the Cold War. Using Reagan's undeclared war on Nicaragua as a case study in US interventionism, Freedom on the Offensive explores how democracy promotion emerged as the centerpiece of an increasingly robust US human rights agenda. Yet, this initiative also became intertwined with deeply undemocratic practices that misled the American people, violated US law, and contributed to immense human and material destruction. Pursued through civil society or low-cost military interventions and rooted in the neoliberal imperatives of US-led globalization, Reagan's democracy promotion initiative had major implications for post–Cold War US foreign policy.

Book Ex Parte Milligan Reconsidered

Download or read book Ex Parte Milligan Reconsidered written by Stewart L. Winger and published by University Press of Kansas. This book was released on 2020-04-16 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the very end of the Civil War, a military court convicted Lambdin P. Milligan and his coconspirators in Indiana of fomenting a general insurrection and sentenced them to hang. On appeal, in Ex parte Milligan the US Supreme Court sided with the conspirators, ruling that it was unconstitutional to try American citizens in military tribunals when civilian courts were open and functioning—as they were in Indiana. Far from being a relic of the Civil War, the landmark 1866 decision has surprising relevance in our day, as this volume makes clear. Cited in four Supreme Court decisions arising from the wars in Afghanistan and Iraq, Ex parte Milligan speaks to constitutional questions raised by the war on terror; but more than that, the authors of Ex parte Milligan Reconsidered contend, the case affords an opportunity to reevaluate the history of wartime civil liberties from the Civil War era to our own. After the Civil War, critics of Reconstruction pointed to Milligan as an example of the Republican Party’s abuse of federal power; even historians sympathetic to Lincoln have found it necessary to apologize for his administration’s record on civil liberties during the Civil War. However, the authors of this volume argue that this distorts the nineteenth-century understanding of the Bill of Rights, neglects international law entirely, and, equally striking, ignores the experience of African Americans. In reviving Milligan, the Supreme Court has implicitly cast Reconstruction as a “war on terror” in which terrorist insurgencies threatened and eventually halted the assertion of black freedom by the Republican Party, the Union Army, and African Americans themselves. Returning African Americans to the center of the story, and recognizing that Lincoln and Republicans were often forced to restrict white civil liberties in order to establish black civil rights and liberties, Ex parte Milligan Reconsidered suggests an entirely different account of wartime civil liberties, one with profound implications for US racial history and constitutional law in today’s war on terror.

Book The Fate of Liberty

    Book Details:
  • Author : Mark E. Neely Jr.
  • Publisher : Oxford University Press
  • Release : 1992-08-20
  • ISBN : 0199923485
  • Pages : 297 pages

Download or read book The Fate of Liberty written by Mark E. Neely Jr. and published by Oxford University Press. This book was released on 1992-08-20 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: If Abraham Lincoln was known as the Great Emancipator, he was also the only president to suspend the writ of habeas corpus. Indeed, Lincoln's record on the Constitution and individual rights has fueled a century of debate, from charges that Democrats were singled out for harrassment to Gore Vidal's depiction of Lincoln as an "absolute dictator." Now, in the Pulitzer Prize-winning The Fate of Liberty, one of America's leading authorities on Lincoln wades straight into this controversy, showing just who was jailed and why, even as he explores the whole range of Lincoln's constitutional policies. Mark Neely depicts Lincoln's suspension of habeas corpus as a well-intentioned attempt to deal with a floodtide of unforeseen events: the threat to Washington as Maryland flirted with secession, disintegrating public order in the border states, corruption among military contractors, the occupation of hostile Confederate territory, contraband trade with the South, and the outcry against the first draft in U.S. history. Drawing on letters from prisoners, records of military courts and federal prisons, memoirs, and federal archives, he paints a vivid picture of how Lincoln responded to these problems, how his policies were actually executed, and the virulent political debates that followed. Lincoln emerges from this account with this legendary statesmanship intact--mindful of political realities and prone to temper the sentences of military courts, concerned not with persecuting his opponents but with prosecuting the war efficiently. In addition, Neely explores the abuses of power under the regime of martial law: the routine torture of suspected deserters, widespread antisemitism among Union generals and officials, the common practice of seizing civilian hostages. He finds that though the system of military justice was flawed, it suffered less from merciless zeal, or political partisanship, than from inefficiency and the friction and complexities of modern war. Informed by a deep understanding of a unique period in American history, this incisive book takes a comprehensive look at the issues of civil liberties during Lincoln's administration, placing them firmly in the political context of the time. Written with keen insight and an intimate grasp of the original sources, The Fate of Liberty offers a vivid picture of the crises and chaos of a nation at war with itself, changing our understanding of this president and his most controversial policies.

Book Searching Eyes

    Book Details:
  • Author : Amy L. Fairchild
  • Publisher : Univ of California Press
  • Release : 2007-11-07
  • ISBN : 0520253256
  • Pages : 367 pages

Download or read book Searching Eyes written by Amy L. Fairchild and published by Univ of California Press. This book was released on 2007-11-07 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This history of public health service in the United States spans more than a century of conflict and controversy with the authors situating the tension inherent in public health surveilance in a broad social and political context.