Courts Crossing Borders

Courts Crossing Borders

Author: Mary L. Volcansek

Publisher:

Published: 2005

Total Pages: 272

ISBN-13:

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Legal issues that have traditionally been treated as domestic are increasingly governed by transnational law and numerous obscure tribunals. This book acquaints students of law and politics with the largely unrecognized authority of transnational legal systems and the ways boundaries of national sovereignty are being eroded in the 21st century. The editors have skillfully organized their collection around issues dealing with both human rights and issues of trade and used a comparative approach to analyze the many court decisions, treaties, and legal agreements that affect national sovereignty. Among subject areas included are: Courts and Regional Trade Agreements, Dispute Resolution under NAFTA, and Universal Criminal Jurisdiction. "This is an edited book that brings together in one highly readable place a crisp and engaging look at transnational courts in today's global world....In sum, Courts Crossing Borders is a quality effort that deserves careful reading. Enhancing a deeper understanding of this timely topic, it is a book that can be profitably studied by students, scholars, and the curious public." -- Law & Politics Book Review, 2005


Justice Across Borders

Justice Across Borders

Author: Jeffrey Davis

Publisher: Cambridge University Press

Published: 2008-06-02

Total Pages: 298

ISBN-13: 1139472453

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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. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He 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 and analyses 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.


Crossing the Border

Crossing the Border

Author: Jorge Durand

Publisher: Russell Sage Foundation

Published: 2004-08-11

Total Pages: 356

ISBN-13: 1610441737

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Discussion of Mexican migration to the United States is often infused with ideological rhetoric, untested theories, and few facts. In Crossing the Border, editors Jorge Durand and Douglas Massey bring the clarity of scientific analysis to this hotly contested but under-researched topic. Leading immigration scholars use data from the Mexican Migration Project—the largest, most comprehensive, and reliable source of data on Mexican immigrants currently available—to answer such important questions as: Who are the people that migrate to the United States from Mexico? Why do they come? How effective is U.S. migration policy in meeting its objectives? Crossing the Border dispels two primary myths about Mexican migration: First, that those who come to the United States are predominantly impoverished and intend to settle here permanently, and second, that the only way to keep them out is with stricter border enforcement. Nadia Flores, Rubén Hernández-León, and Douglas Massey show that Mexican migrants are generally not destitute but in fact cross the border because the higher comparative wages in the United States help them to finance homes back in Mexico, where limited credit opportunities makes it difficult for them to purchase housing. William Kandel's chapter on immigrant agricultural workers debunks the myth that these laborers are part of a shadowy, underground population that sponges off of social services. In contrast, he finds that most Mexican agricultural workers in the United States are paid by check and not under the table. These workers pay their fair share in U.S. taxes and—despite high rates of eligibility—they rarely utilize welfare programs. Research from the project also indicates that heightened border surveillance is an ineffective strategy to reduce the immigrant population. Pia Orrenius demonstrates that strict barriers at popular border crossings have not kept migrants from entering the United States, but rather have prompted them to seek out other crossing points. Belinda Reyes uses statistical models and qualitative interviews to show that the militarization of the Mexican border has actually kept immigrants who want to return to Mexico from doing so by making them fear that if they leave they will not be able to get back into the United States. By replacing anecdotal and speculative evidence with concrete data, Crossing the Border paints a picture of Mexican immigration to the United States that defies the common knowledge. It portrays a group of committed workers, doing what they can to realize the dream of home ownership in the absence of financing opportunities, and a broken immigration system that tries to keep migrants out of this country, but instead has kept them from leaving.


Crossing Borders: Boundaries and Margins in Medieval and Early Modern Britain

Crossing Borders: Boundaries and Margins in Medieval and Early Modern Britain

Author:

Publisher: BRILL

Published: 2018-04-03

Total Pages: 307

ISBN-13: 9004364951

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A set of essays intended to recognize the scholarship of Professor Cynthia Neville, the papers gathered here explore borders and boundaries in medieval and early modern Britain. Over her career, Cynthia has excavated the history of border law and social life on the frontier between England and Scotland and has written extensively of the relationships between natives and newcomers in Scotland’s Middle Ages. Her work repeatedly invokes jurisdiction as both a legal and territorial expression of power. The essays in this volume return to themes and topics touched upon in her corpus of work, all in one way or another examining borders and boundaries as either (or both) spatial and legal constructs that grow from and shape social interaction. Contributors are Douglas Biggs, Amy Blakeway, Steve Boardman, Sara M. Butler, Anne DeWindt, Kenneth F. Duggan, Elizabeth Ewan, Chelsea D.M. Hartlen, K.J. Kesselring, Tom Lambert, Shannon McSheffrey, and Cathryn R. Spence.


Charity Crossing Borders

Charity Crossing Borders

Author: Sabine Heidenbauer

Publisher: Kluwer Law International B.V.

Published: 2011-01-01

Total Pages: 330

ISBN-13: 9041138137

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Throughout the European Union, national income tax systems support charitable activities by way of preferential treatment. However, a number of Member States operate relief regimes which appear to trigger the question of compatibility with Union law with respect to the fundamental freedoms. In this first study to examine charity and donor taxation regimes across a wide range of Member States, the author focuses on compatibility with EU non-discrimination law. She examines twenty national regimes, both comparatively and from the perspective of overarching EU law. The countries covered are Austria, Belgium, Bulgaria, Cyprus, Estonia, Finland, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, The Netherlands, Poland, Portugal, Slovakia, Spain, Sweden, and the United Kingdom. Although charity and donor taxation falls within the competence of the Member States, they must nonetheless observe primary Union law and grant non-discriminatory treatment where a fact pattern falls within the ambit of the fundamental freedoms. In the course of defining this framework, the study addresses such issues as the following: types of relief schemes maintained for charities and donors; administrative requirements; international aspects (both inbound and outbound); privileged donations and capital gains treatment of in-kind donations; eligible donees; whether and to what extent charitable entities and donors can actually rely on the fundamental freedoms; specific applicability of each of the relevant fundamental freedoms; the issue of comparability; justifications for restrictive measures in Member State practice; and the issue of proportionality.


Education Crossing Borders

Education Crossing Borders

Author: Dara R. Fisher

Publisher: MIT Press

Published: 2020-08-11

Total Pages: 269

ISBN-13: 0262358689

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The chronicle of a ten-year partnership between MIT and Singapore's Education Ministry that shows cross-border collaboration in higher education in action. In this book, Dara Fisher chronicles the decade-long collaboration between MIT and Singapore's Education Ministry to establish the Singapore University of Technology and Design (SUTD). Fisher shows how what began as an effort by MIT to export its vision and practices to Singapore became an exercise in adaptation by actors on the ground. As cross-border higher education partnerships become more widespread, Fisher's account of one such collaboration in theory and practice is especially timely.


Crossing Borders in Community Interpreting

Crossing Borders in Community Interpreting

Author: Carmen Valero-Garcés

Publisher: John Benjamins Publishing

Published: 2008-05-09

Total Pages: 306

ISBN-13: 9027291128

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At conferences and in the literature on community interpreting there is one burning issue that reappears constantly: the interpreter’s role. What are the norms by which the facilitators of communication shape their role? Is there indeed only one role for the community interpreter or are there several? Is community interpreting aimed at facilitating communication, empowering individuals by giving them a voice or, in wider terms, at redressing the power balance in society? In this volume scholars and practitioners from different countries address these questions, offering a representative sample of ongoing research into community interpreting in the Western world, of interest to all who have a stake in this form of interpreting. The opening chapter establishes the wider contextual and theoretical framework for the debate. It is followed by a section dealing with codes and standards and then moves on to explore the interpreter’s role in various different settings: courts and police, healthcare, schools, occupational settings and social services.


Identities on Trial in the United States

Identities on Trial in the United States

Author: ChorSwang Ngin

Publisher: Rowman & Littlefield

Published: 2018-08-15

Total Pages: 267

ISBN-13: 1498574742

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ChorSwang Ngin radically shifts the asylum-seeking narrative by focusing on rarely heard stories of persecution and escape from China and southeast Asia. Identities on Trial in the United States weaves together the cases of a tortured student from a Myanmar prison, an apostate of Islam, several victims of ethnic and sexual violence from Indonesia, and the escape of men and women from China’s draconian one-child policy, among others. Joann Yeh, an immigration attorney and contributor to this work, examines asylum seeking in a Mandarin-speaking Californian community and discuss the failure of the United States' quasi-judicial immigration system, highlighting "asylum lawfare" in courtroom dramas and arguing for an anthropological advantage in asylum preparation. This book is an essential text for policy makers, students, lawyers, activists, and those engaged with migration studies seeking a more just asylum outcome.


Cross-Border Law Enforcement

Cross-Border Law Enforcement

Author: Saskia Hufnagel

Publisher: Taylor & Francis

Published: 2012-04-27

Total Pages: 300

ISBN-13: 1136697276

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This innovative volume explores issues of law enforcement cooperation across borders from a variety of disciplinary perspectives. In doing so it adopts a comparative framework hitherto unexplored; namely the EU and the Australsian/Asia-Pacific region whose relative geopolitical remoteness from each other decreases with every incremental increase in globalisation. The borders under examination include both macro-level cooperation between nation-states, as well as micro-level cooperation between different Executive agencies within a nation-state. In terms of disciplinary borders the contributions demonstrate the breadth of academic insight that can be brought to bear on this topic. The volume contributes to the wider context for evidence-based policy-making and knowledge-based policing by bringing together leading academics, public policy-makers, legal practitioners and law enforcement officials from Europe, Australia and the Asian-Pacific region, to shed new light on the pressing problems impeding cross-border policing and law enforcement globally and regionally. Problems common to all jurisdictions are discussed and innovative ‘best practice’ solutions and models are considered. The book is structured in four parts: Police cooperation in the EU; in Australia; in the Asia-Pacific Region; and finally it considers issues of jurisdiction and due process/human rights issues, with a focus on regional cooperation strategies for countering human trafficking, organised crime and terrorism. The book will be of interest to both academic and practitioner communities in policing, criminology, international relations, and comparative Asia-Pacific and EU legal studies.