This book demonstrates how, after many years of inactivity after the World War II tribunals, judges at the Yugoslav, Rwanda and Sierra Leone tribunals, and to a lesser extent the International Criminal Court, have seized the opportunity to develop international law on war crimes, crimes against humanity and genocide. Meernik and Aloisi argue that judges are motivated by a concern for human rights protection and the legacy of international criminal justice. They have progressively expanded the reach of international law to protect human rights and have used the power of their own words to condemn human rights atrocities. Judges have sentenced the guilty to lengthy and predictable terms in prison to provide justice, deterrence of future violations and even to advance peace and reconciliation. On judgment day, we show that judges have sought to enhance the power of international justice.
This book argues that the Dutch East India Company empire manifested itself through multiple networks that amalgamated spatially and over time into an imperial web whose sovereignty was effectively created and maintained but always partial and contingent. Networks of Empire proposes that early modern empires were comprised of durable networks of trade, administration, settlement, legality, and migration whose regional circuits and territorially and institutionally based nodes of regulatory power operated not only on land and sea but discursively as well. Rights of sovereignty were granted to the company by the States General in the United Provinces. Company directors in Europe administered the exercise of sovereignty by company servants in its chartered domain. The empire developed in dynamic response to challenges waged by individuals and other sovereign entities operating within the Indian Ocean grid. By closely examining the Dutch East India Company's network of forced migration thi
Nearly all of those who want to make the world a better place are engaged in paternalism. This book asks how power is intertwined with practices of global compassion. It argues that the concept of paternalism illuminates how care and control are involved in the everyday practices of humanitarianism, human rights, development and other projects designed to improve the lives of others. The authors explore whether and how the paternalism of the nineteenth century differs from the paternalism of today, and offer a provocative look at the power in global ethics, raising the question of whether, when, and how paternalism can be justified.
Nearly all of those who want to make the world a better place are engaged in paternalism. This book asks how power is intertwined with practices of global compassion. It argues that the concept of paternalism illuminates how care and control are involved in the everyday practices of humanitarianism, human rights, development and other projects designed to improve the lives of others. The authors explore whether and how the paternalism of the nineteenth century differs from the paternalism of today, and offer a provocative look at the power in global ethics, raising the question of whether, when, and how paternalism can be justified.
Governing Medical Knowledge Commons makes three claims: first, evidence matters to innovation policymaking; second, evidence shows that self-governing knowledge commons support effective innovation without prioritizing traditional intellectual property rights; and third, knowledge commons can succeed in the critical fields of medicine and health. The editors' knowledge commons framework adapts Elinor Ostrom's groundbreaking research on natural resource commons to the distinctive attributes of knowledge and information, providing a systematic means for accumulating evidence about how knowledge commons succeed. The editors' previous volume, Governing Knowledge Commons, demonstrated the framework's power through case studies in a diverse range of areas. Governing Medical Knowledge Commons provides fifteen new case studies of knowledge commons in which researchers, medical professionals, and patients generate, improve, and share innovations, offering readers a practical introduction to the
The corporation is the most complex, adaptive, and resilient model of organizing economic activity in history. In an era of globalization, the transnational corporation has significant power over society. While its rights are specified through private ordering, and choice of jurisdictional home, in the event of conflict of laws, the corporation's duties and responsibilities remain contested. Notwithstanding the argument in institutional economics that all transactions take place within governance and legal frameworks, underpinned by a 'non-calculative social contract,' the terms are notoriously difficult to define or enforce. They are made more so if regulatory dynamics preclude litigation to a judicial conclusion. This Element situates the corporation – its culture, governance, responsibility, and accountability – within a broader discourse of duty. In doing so, it addresses the problem of the corporation for society and the corporation's problem in aligning its governance to changing
Debating Immigration presents twenty-one original and updated essays, written by some of the world's leading experts and pre-eminent scholars that explore the nuances of contemporary immigration in the United States and Europe. This volume is organized around the following themes: economics, demographics and race, law and policy, philosophy and religion, and European politics. Its topics include comprehensive immigration reform, the limits of executive power, illegal immigration, human smuggling, civil rights and employment discrimination, economic growth and unemployment, and social justice and religion. A timely second edition, Debating Immigration is an effort to bring together divergent voices to discuss various aspects of immigration often neglected or buried in discussions.
This book emphasizes blacks' agency and achievements in the nineteenth and twentieth centuries, notably outcomes of the Civil Rights Movement. To consider the means or strategies that African Americans utilized in pursuing their aspirations and struggles for freedom and equality, readers can consult subjects delineating ideological, institutional, and organizational aspects of black priorities, with tactics of resistance or dissent, over time and place. The entries include but are not limited to Afro-American Culture; Anti-Apartheid Movement; Anti-lynching Campaign; Antislavery Movement; Black Power Movement; Constitution, US (1789); Conventions, National Negro; Desegregation; Durham Manifesto (1942); Feminism; Four Freedoms; Haitian Revolution; Jobs Campaigns; the March on Washington (1963); March on Washington Movement (MOWM); New Negro Movement; Niagara Movement; Pan-African Movement; Religion; Slavery; Violence, Racial; and the Voter Education Project. While providing an important
Some of the most important eras of reform in US history reveal a troubling pattern: often reform is compromised after the initial legislative and judicial victories have been achieved. Thus Jim Crow racial exclusions followed Reconstruction; employer prerogatives resurged after the passage of the Wagner Act in 1935; and after the civil rights reforms of the mid-twentieth century, principles of color-blindness remain dominant in key areas of constitutional law that allow structural racial inequalities to remain hidden or unaddressed. When momentous reforms occur, certain institutions and legal rights will survive the disruption and remain intact, just in different forms. Thus governance in the post-reform period reflects a systematic recalibration or reshaping of the earlier reforms as a result of the continuing influence and power of such resilient institutions and rights. Recalibrating Reform examines this issue and demonstrates the pivotal role of the Supreme Court in post-reform rec
This Companion offers fresh insight into the art and politics of James Baldwin, one of the most important writers and provocative cultural critics of the twentieth century. Black, gay, and gifted, he was hailed as a 'spokesman for the race', although he personally, and controversially, eschewed titles and classifications of all kinds. Individual essays examine his classic novels and nonfiction as well as his work across lesser-examined domains: poetry, music, theatre, sermon, photo-text, children's literature, public media, comedy, and artistic collaboration. In doing so, The Cambridge Companion to James Baldwin captures the power and influence of his work during the civil rights era as well as his relevance in the 'post-race' transnational twenty-first century, when his prescient questioning of the boundaries of race, sex, love, leadership, and country assume new urgency.
This collection of original essays by leading scholars and advocates offers the first international examination of the nature, causes, and effects of laws regulating voting by people with criminal convictions. In deciding whether prisoners shall retain the right to vote, a country faces vital questions about democratic self-definition and constitutional values - and, increasingly, about the scope of judicial power. Yet in the rich and growing literature on comparative constitutionalism, relatively little attention has been paid to voting rights and election law. This book begins to fill that gap, by showing how constitutional courts in Israel, Canada, South Africa, and Australia, as well as the European Court of Human Rights, have grappled with these policies in the last decade. Chapters analyze partisan politics, political theory, prison administration, and social values, showing that constitutional law is the fruit of political and historical contingency, not just constitutional text
Property rights are important for economic exchange, but many governments don't protect them. Private market organizations can fill this gap by providing an institutional structure to enforce agreements, but with this power comes the ability to extort group members. Under what circumstances, then, will private organizations provide a stable environment for economic activity? Based on market case studies and a representative survey of traders in Lagos, Nigeria, this book argues that threats from the government can force an association to behave in ways that promote trade. The findings challenge the conventional wisdom that private good governance in developing countries thrives when the government keeps its hands off private group affairs. Instead, the author argues, leaders among traders behave in ways that promote trade primarily because of the threat of government intrusion.
Sovereignty is the subject of many debates in international relations. Is it the source of state authority or a description of it? What is its history? Is it strengthening or weakening? Is it changing, and how? This book addresses these questions, but focuses on one less frequently addressed: what makes state sovereignty possible? The Sovereignty Cartel argues that sovereignty is built on state collusion – states work together to privilege sovereignty in global politics, because they benefit from sovereignty's exclusivity. This book explores this collusive behavior in international law, international political economy, international security, and migration and citizenship. In all these areas, states accord rights to other states, regardless of relative power, relative wealth, or relative position. Sovereignty, as a (changing) set of property rights for which states collude, accounts for this behavior not as anomaly (as other theories would) but instead as fundamental to the sovereign s
Governing Medical Knowledge Commons makes three claims: first, evidence matters to innovation policymaking; second, evidence shows that self-governing knowledge commons support effective innovation without prioritizing traditional intellectual property rights; and third, knowledge commons can succeed in the critical fields of medicine and health. The editors' knowledge commons framework adapts Elinor Ostrom's groundbreaking research on natural resource commons to the distinctive attributes of knowledge and information, providing a systematic means for accumulating evidence about how knowledge commons succeed. The editors' previous volume, Governing Knowledge Commons, demonstrated the framework's power through case studies in a diverse range of areas. Governing Medical Knowledge Commons provides fifteen new case studies of knowledge commons in which researchers, medical professionals, and patients generate, improve, and share innovations, offering readers a practical introduction to the
Focusing on the rising support for the populist right in Eastern Europe, this book examines how anger and resentment towards minorities is being utilized in politics. Bustikova details the process by which the acquisition of political power and demand for rights by ascendant minority groups precipitates a backlash of mobilization from the radical right. However, this book also argues that prejudice against minorities is not a sentiment exclusive to right-wing voters and is not the root cause of increasing support for the radical right. Rather, this study reveals variation in how minorities are accommodated by the government and explains the electoral successes and failures of radical right parties. By examining the capitalization on these feelings of discontent towards politically assertive minorities and with the governmental policies that yield to their demands, Bustikova exposes volatile, zeitgeist-dependent conditions under which once fringe right-wing parties have risen to promine
This book emphasizes blacks' agency and achievements in the nineteenth and twentieth centuries, notably outcomes of the Civil Rights Movement. To consider the means or strategies that African Americans utilized in pursuing their aspirations and struggles for freedom and equality, readers can consult subjects delineating ideological, institutional, and organizational aspects of black priorities, with tactics of resistance or dissent, over time and place. The entries include but are not limited to Afro-American Culture; Anti-Apartheid Movement; Anti-lynching Campaign; Antislavery Movement; Black Power Movement; Constitution, US (1789); Conventions, National Negro; Desegregation; Durham Manifesto (1942); Feminism; Four Freedoms; Haitian Revolution; Jobs Campaigns; the March on Washington (1963); March on Washington Movement (MOWM); New Negro Movement; Niagara Movement; Pan-African Movement; Religion; Slavery; Violence, Racial; and the Voter Education Project. While providing an important
A Feminist Critique of Police Stops examines the parallels between stop-and-frisk policing and sexual harassment. An expert whose writing, teaching and community outreach centers on the Constitution's limits on police power, Howard Law Professor Josephine Ross, argues that our constitutional rights are a mirage. In reality, we can't say no when police seek to question or search us. Building on feminist principles, Ross demonstrates why the Supreme Court got it wrong when it allowed police to stop, search, and sometimes strip-search people and call it consent. Using a wide range of sources - including her law students' experiences with police, news stories about Eric Garner, and Sandra Bland, social science and the work of James Baldwin - Ross sheds new light on policing. This book should be read by everyone interested in how Court-approved police stops sap everyone's constitutional rights and how this form of policing can be eliminated.
. . . with liberty and justice for some.The left has corrupted the U.S. legal system. Wielding the law as a weapon, arrogant judges and lawless prosecutors are intimidating, silencing, and even imprisoning Americans who stand in the way of their radical agenda. Their "enemies list" even includes parents who dare to speak up for their children at school board meetings.In this shocking new book, Senator Ted Cruz takes readers inside the justice system, showing how the wrong hands on the levers of power can strangle liberty, crush opposition, and wreck lives. The notion of a "Democratic" or "Republican" Department of Justice is outrageous. That institution should safeguard the Constitutional rights of all Americans. Justice Corrupted will equip patriots and lovers of liberty to hold their government accountable.
The author of Moses: When Harriet Tubman Led Her People to Freedom and the author of Pride: The Story of Harvey Milk and the Rainbow Flag combine their tremendous talents for a singular picture book biography of Bayard Rustin, the gay Black man behind the March on Washington of 1963.On August 28, 1963, a quarter of a million activists and demonstrators from every corner of America convened for the March on Washington for Jobs and Freedom. It was there and then that they raised their voices in unison for racial and economic justice for all Black Americans, to call out inequities, and, ultimately, to advance the Civil Rights Movement.Every movement has its unsung heroes. Individuals in the background who work without praise and accolades, who toil and struggle without notice. One of those unsung heroes was at the center of some of the most important decisions and events of the Civil Rights Movement.Credited with introducing Dr. Martin Luther King, Jr. to the power of peaceful protest, fo
The People's Government is premised on the idea that democracy is based on two fundamental rights: freedom and liberty. Liberty is the right to be left alone, while freedom is the right to participate in a political community. How people view democracy depends on which of these two rights they think is more important. Liberal democrats place a higher value on liberty, while free democrats see freedom as the primary right. From this starting point, the author adds five dimensions to define and distinguish democratic societies: rights, participation and representation, inclusion, equality, and power. Liberal democracies emphasize individualism, negative rights, representative government, inclusive citizenship, equal opportunity, and limited government. Free democracies stress community, positive rights, direct participation, exclusive citizenship, equal outcomes, and robust government. The book examines the most important arguments for and against democracy, and explores the life cycle o
