Download or read book Debating Social Rights written by Conor Gearty and published by Bloomsbury Publishing. This book was released on 2010-12-09 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Debating Law' is a new series that gives scholarly experts the opportunity to offer contrasting perspectives on significant topics of contemporary, general interest. In this second volume of the series, Conor Gearty argues that for rights to work effectively in the wider promotion of social justice, they need to be kept as far away as possible from the courts. He acknowledges the value of rights language in legal and political debate and accepts that human rights are not solely civil and political, with social rights language clearly having a progressive, emancipatory dimension. However he says that lawyers - even well-intentioned lawyers - damage the achievability of the kind of radical transformation in the priorities of states that a genuine commitment to social rights surely necessitates. Virginia Mantouvalou argues that social rights, defined as entitlements to the satisfaction of basic needs, are as essential for the well-being of the individual and the community as long-established civil and political rights. The real challenge, she suggests, is how best to give effect to social rights. Drawing on examples from around the world, she argues for their 'legalisation', and examines the role of courts and the role of legislatures in this process, both at a national and a international level.

Download or read book Weak Courts Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Download or read book Social Science in Law written by John Monahan and published by . This book was released on 1990 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Judicial Review Socio Economic Rights and the Human Rights Act written by Ellie Palmer and published by Bloomsbury Publishing. This book was released on 2007-08-31 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.

Download or read book Making Social Welfare Policy in America written by Edward D. Berkowitz and published by University of Chicago Press. This book was released on 2020-04-15 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: American social welfare policy has produced a health system with skyrocketing costs, a disability insurance program that consigns many otherwise productive people to lives of inactivity, and a welfare program that attracts wide criticism. Making Social Welfare Policy in America explains how this happened by examining the historical development of three key programs—Social Security Disability Insurance, Medicare, and Temporary Aid to Needy Families. Edward D. Berkowitz traces the developments that led to each program’s creation. Policy makers often find it difficult to dislodge a program’s administrative structure, even as political, economic, and cultural circumstances change. Faced with this situation, they therefore solve contemporary problems with outdated programs and must improvise politically acceptable solutions. The results vary according to the political popularity of the program and the changes in the conventional wisdom. Some programs, such as Social Security Disability Insurance, remain in place over time. Policy makers have added new parts to Medicare to reflect modern developments. Congress has abolished Aid to Families of Dependent Children and replaced with a new program intended to encourage work among adult welfare recipients raising young children. Written in an accessible style and using a minimum of academic jargon, this book illuminates how three of our most important social welfare programs have come into existence and how they have fared over time.

Download or read book Legal Issues in Social Work Practice and Research written by Sana Loue and published by Springer. This book was released on 2018-05-17 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly practical text surveys the myriad legal and ethical issues that social workers encounter both in daily practice and under special circumstances. Its initial section presents concepts in law and ethics that unite practitioners, researchers, and academics in the field, such as confidentiality, informed consent, and the interplay between social work and administrative and judicial systems. A selection of representative cases illustrates legal aspects involved in providing services to families, children, elders, and persons with disabilities. Also included are chapters on advocacy in social work, both in its potential to influence policy and on the global stage as part of the ongoing struggle for human rights and dignity. Among the topics covered: Confidentiality and the social worker-client relationship Liability issues for social workers in the clinical context Legal issues arising in the context of social work research The social worker and forensic social work Social worker involvement in access to school and school services Social work in the context of health care Legal issues working with immigrants, refugees, and asylees The interface between social work and human rights Legal Issues in Social Work Practice and Research is an interdisciplinary text aimed at social work, mental health, and legal professionals. It enhances the power of social work as an integrative system to support clients’ rights and agency.

Download or read book Psychological Problems Social Issues and Law written by Murray Levine and published by Allyn & Bacon. This book was released on 2007 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: The much-anticipated Second Edition of "Psychological Problems, Social Issues, and Law" offers updated research, legal cases, and new examples. The text uses historical and systems perspectives to examine the interaction between the social science community and the law. Each chapter contains a historical or a philosophical introduction to a problem, followed by discussion of the major legal issues and reviews of a wide range of research, including experimental literature. In addition to addressing many topics typically covered in psychology and law texts, Levine emphasizes social problems, dealing with issues such as abortion, intimate partner violence, divorce and custody, child protection, and more."

Download or read book Social Media Law written by Furi-Perry Ursula and published by . This book was released on 2017-04 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social Media Law examines social and new media issues through the lens of law and policy, reflecting new case law and legislative developments.

Download or read book European Labour Law and Social Policy Cases and Materials Volume 1 Social Dialogue Industrial Relations and Labour Law written by A.C. Neal and published by Kluwer Law International B.V.. This book was released on 2002-08-01 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the most comprehensive collection of primary source materials in the labour law and social policy of the European Community ever brought together. With documents and decisions reflecting the state of play at 1st June 2002, it includes: key legislative instruments in EC labour law and social policy; significant associated policy documents produced by the Commission; and important relevant decisions of the European Court of Justice. Since the first edition of this work in 1999, the pace of social policy change and innovation at the level of the European Community has increased dramatically. Indeed, developments during the past three years are little short of remarkable, with particularly important advances in relation to the promotion of information, consultation and participation for workers, along with growing concern for several much broader social policy issues. Recognition of the changes in emphasis and scale for European social policy, and the presence of substantially more material to be included, have caused this edition of the work to be divided into two volumes. Volume I covers social dialogue, industrial relations and labour law, while Volume II is concerned with a wide range of material touching "dignity at work" in the European Community. The arrangement of the material in two self-contained volumes also reflects a division of convenience. Thus, those whose main focus is upon the "labour law" aspects of European social policy may choose to utilise primarily the material contained in the first volume, while those who wish to concentrate more particularly upon fundamental social rights, equal opportunities, anti-discrimination, and dignity at work might wish to take advantage of the framework presented in the second volume. Advocates, judges, policy-makers, scholars and students will all appreciate this essential sourcebook in EC labour law and social policy.

Download or read book Brown v Board of Education written by James T. Patterson and published by Oxford University Press. This book was released on 2001-03-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?

Download or read book Contemporary Cases in Women s Rights written by Leslie Friedman Goldstein and published by Univ of Wisconsin Press. This book was released on 1994 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Socialists and Evolutionary Thought, 1870-1920 demonstrates how evolutionary theories fundamentally shaped, and ultimately undercut, the American socialist movement. Mark Pittenger examines the attempts of radicals in the late 19th and early 20th centuries to synthesise the evolutionary ideas of Charles Darwin and Herbert Spencer with socialist philosophy, social theory and political practice. In contrast to authors who have shown the influence of Darwinism on conservative and progressive political ideologies, Pittenger establishes that radicals also took scientific ideas seriously and wanted to link the public fascination with evolution to their own cause.

Download or read book The Color of Law A Forgotten History of How Our Government Segregated America written by Richard Rothstein and published by Liveright Publishing. This book was released on 2017-05-02 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.

Download or read book Great Cases in Constitutional Law written by Robert P. George and published by Princeton University Press. This book was released on 2016-03-04 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Slavery, segregation, abortion, workers' rights, the power of the courts. These issues have been at the heart of the greatest constitutional controversies in American history. And in this concise and thought-provoking volume, some of today's most distinguished legal scholars and commentators explain for a general audience how five landmark Supreme Court cases centered on those controversies shaped the country's destiny and continue to affect us even now. The book is a profound exploration of the Supreme Court's importance to America's social and political life. It is also, as many of the contributors show, an intriguing reflection of what some have seen as an important trend in legal scholarship away from an uncritical belief in the essentially benign nature of judicial power. Robert George opens with an illuminating survey of the themes that unite and divide the five cases. Other contributors then examine each case in detail through a lively commentary-and-response format. Mark Tushnet and Jeremy Waldron exchange views on Marbury v. Madison, the pivotal 1803 case that established the power of the courts to invalidate legislation. Cass Sunstein and James McPherson discuss Dred Scott v. Sandford (1857), the notorious case that confirmed the rights of slaveowners, declared that black people could not be American citizens, and is often seen as a cause of the Civil War. Hadley Arkes and Donald Drakeman explore the legacy of Lochner v. New York (1905), a case that ushered in decades of judicial hostility to social welfare laws. Earl Maltz and Walter Murphy assess Brown v. Topeka Board of Education (1954), the famous case that ended racial segregation in public schools. Finally, Jean Bethke Elshtain and George Will tackle Roe v. Wade (1973), still a flashpoint a quarter of a century later in the debate over abortion. While some of the contributors show sympathy for strong judicial interventions on social issues, many across the ideological spectrum are sharply critical of judicial activism. A compelling introduction to the greatest cases in U.S. constitutional law, this is also an enlightening glimpse of the state of the art in American legal scholarship.

Download or read book Controversial Issues in Social Policy written by Howard Jacob Karger and published by Allyn & Bacon. This book was released on 1994 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlights the value of controversy by using a debate format to present both sides of numerous controversial issues in social policy. Consists of 21 debates, written especially for this volume by experts in the field. The debate topics were selected to cover a wide range of professional interests in the field of social policy and are divided into three clusters: general issues, specific issues in the delivery of human services, and key issues related to poverty, deprivation, and social policy. Designed as a supplemental text for graduate and undergraduate courses in social work policy, or for social work practicum/seminars.

Download or read book The Constitutional and Legal Rights of Women written by LESLIE F. GOLDSTEIN and published by West Academic Publishing. This book was released on 2019-01-14 with total page 1245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors Goldstein, Baer, Daum and Fine skillfully blend doctrinal and political developments to document and explain the evolution of women's rights and the law as well as the dynamics and dissension among feminist activists. Building on three previous editions, this book combines updated material on constitutional law, sex and gender discrimination, and women's reproductive rights, with new cases and readings on family law, criminal law, and LGBT rights. Discussion has been expanded to include questions of whether or not the prohibitions on sex discrimination in Title VII and Title IX protect trans individuals. New material covers emerging policy concerns such as female genital mutilation, child marriage, and the Trump Administration's policy changes on gender issues. This edition takes a more socio-political and institutional approach than other books on women and the law. The authors consider issues such as institutional questions of constitutional interpretation, the scope of judicial power, the balance of federal-state power, the interaction between law and other social and political institutions, the capacity of law to effect societal change, and the effect of presidential and Senate politics on U.S. Supreme Court nominations and confirmations. The inclusion of state and lower federal court decisions greatly strengthens the book's focus on the law's relationship to gendered inequality. Topics also include constitutional history, shifting interpretations of employment discrimination and gender equality, changes in reproductive technology and associated policy responses, divorce and dissolution of domestic partnerships, child custody, education, same-sex marriage, pornography, and domestic violence.

Download or read book Social Dimensions of Law and Justice written by Julius Stone and published by . This book was released on 1966 with total page 933 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Constitutional Rights of Women written by Leslie Friedman Goldstein and published by Longman Publishing Group. This book was released on 1979 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Monograph reviewing constitutional law jurisprudence pertaining to women's rights in the USA, in view of sex discrimination and equal opportunity - covers historical cases of due process, protection of women and discrimination against men, contraception and the right to privacy, etc. References.