The New Frontiers of Civil Rights Litigation
Author: Michèle Alexandre
Publisher:
Published: 2019
Total Pages:
ISBN-13: 9781531011703
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The New Frontiers of Civil Rights Litigation
Author:
Publisher:
Published:
Total Pages:
ISBN-13: 9781611634167
DOWNLOAD EBOOKFreedom Rights
Author: Danielle McGuire
Publisher: University Press of Kentucky
Published: 2011-11-01
Total Pages: 402
ISBN-13: 0813134498
DOWNLOAD EBOOKIn his seminal article “Freedom Then, Freedom Now,” renowned civil rights historian Steven F. Lawson described his vision for the future study of the civil rights movement. Lawson called for a deeper examination of the social, economic, and political factors that influenced the movement’s development and growth. He urged his fellow scholars to connect the “local with the national, the political with the social,” and to investigate the ideological origins of the civil rights movement, its internal dynamics, the role of women, and the significance of gender and sexuality. In Freedom Rights: New Perspectives on the Civil Rights Movement, editors Danielle L. McGuire and John Dittmer follow Lawson’s example, bringing together the best new scholarship on the modern civil rights movement. The work expands our understanding of the movement by engaging issues of local and national politics, gender and race relations, family, community, and sexuality. The volume addresses cultural, legal, and social developments and also investigates the roots of the movement. Each essay highlights important moments in the history of the struggle, from the impact of the Young Women’s Christian Association on integration to the use of the arts as a form of activism. Freedom Rights not only answers Lawson’s call for a more dynamic, interactive history of the civil rights movement, but it also helps redefine the field.
Black Civil Rights in America
Author: Kevern Verney
Publisher: Routledge
Published: 2012-10-02
Total Pages: 146
ISBN-13: 113455513X
DOWNLOAD EBOOKThis book is the authoritative introduction to the history of black civil rights in the USA. It provides a clear and useful guide to the political, social and cultural history of black Americans and their pursuit of equal rights and recognition from 1865 through to the present day. From the civil war of the 1860s to the race riots of the 1990s, Black Civil Rights details the history of the modern civil rights movement in American history. This book introduces the reader to: * leading civil rights activists * black political movements within the USA * crucial legal and political developments * the portrayal of black Americans in the media. This a book no American history or cultural studies student will want to do without.
Understanding Civil Rights Litigation
Author: Howard M. Wasserman
Publisher: Carolina Academic Press LLC
Published: 2023
Total Pages: 0
ISBN-13: 9781531022341
DOWNLOAD EBOOKThis student-focused treatise provides a concise, accessible, comprehensive, and readable overview of the doctrine, policy, history, and theory of civil rights and constitutional litigation under Section 1983 and its Bivens federal counterpart. The book works for dedicated civil rights courses and larger federal courts classes; it can function as a primary assignment, as an assigned or recommended case and statutory supplement to a casebook or case materials, and as a supplemental study guide for students wanting additional background, context, and synthesis of the material. The third edition: Covers all aspects of civil rights and constitutional litigation, including the history of civil rights legislation in the United States; the substantive elements of Section 1983 and Bivens causes of action; individual immunity defenses; governmental liability and immunity; procedural and jurisdictional hurdles; abstention; and remedies. Explores the doctrinal areas that have undergone substantial changes or challenges since the prior edition, including the retraction of Bivens; the extension, criticism, and cross-ideological calls for reform of qualified immunity; the narrowing of abstention; debates over the scope of injunctive relief; and the Supreme Court's increasing engagement earlier in constitutional cases. Explores new applications of long-standing doctrines, including controversies over when social-media companies and public officials act under color of state law in controlling who has access to sites and pages. Adds new and expanded "Puzzles" for most topics within the book. These short problems, drawn from news stories, lawsuits, and lower-court decisions, challenge students to work through and apply the doctrine. The book can serve as a primary source for a problem-centered civil rights courses. Includes appendices containing the United States Constitution, Emancipation Proclamation, and selected substantive, jurisdictional, and procedural federal statutes and rules that govern in civil rights and constitutional litigation.
A Defense of Intellectual Property Rights
Author: Richard A. Spinello
Publisher: Edward Elgar Publishing
Published: 2009-01-01
Total Pages: 229
ISBN-13: 1848449429
DOWNLOAD EBOOKThe book is well provided with detailed references/bibliography for those who want to pursue the matter. . . The authors have effected a very thorough analysis of the moral issues and the book is strongly recommended for that reason. . . Brian Spear, World Patent Information This book should change the contours of the intellectual property debate. Spinello and Bottis fully appreciate what the standard instrumentalist accounts of intellectual property cannot even acknowledge that the lives and liberty of creators and artists are not the common property of society, and that it is intrinsically wrong to treat the efforts and projects of individuals as if they were unowned resources reaped as the fruit of the earth. Their work should help to reorient discussion of IP from an excessive concern with the economic and social consequences of competing policies back to the bedrock issues of basic respect for the integrity of our various particular lives and the labor that constitutes those lives. At the same time, they studiously avoid the unserious extremism that characterizes so much of the debate on every side, recognizing that respecting the lives and liberty of all sets real boundaries on the proper scope and stringency of IP claims, ruling out overzealous enforcement and radical repudiation alike. Richard Volkman, Southern Connecticut State University and Research Center on Computing and Society, US Since the rise of the Internet the question of intellectual property has been and still is one of the most controversial societal and ethical issues. The new global, interactive and bottom-up medium challenges moral, legal and economic structures not only in the music and film industry but also in the field of knowledge production, storage, distribution and access. The academic debate soon became and is still polarized between critics and defenders of IPR. The book by Richard A. Spinello and Maria Bottis A Defense of Intellectual Property Rights analyses in a critical and comprehensive manner some of the dogmas widely spread by the critics of IPR paying special attention to the differences between EU and European legal regimes. The authors explore the foundations of IP in Lockean philosophy, as a representative of a natural law approach, as well as in the theories of Fichte and Hegel based on deontological arguments. Both perspectives prevail in European law while American property law is widely based on utilitarian arguments. The authors argue in favor of Lockean and Hegelian foundations showing their relevance in the present debate as well as calling the attention to the link between these theories and the Catholic social doctrine. The book is an important contribution to this ongoing debate. Rafael Capurro, Stuttgart Media University, Germany Richard A. Spinello and Maria Bottis defend the thesis that intellectual property rights are justified on non-economic grounds. The rationale for this moral justification is primarily inspired by the theory of John Locke. In the process of defending Locke, the authors confront the deconstructionist critique of intellectual property rights and remove the major barriers interfering with a proper understanding of authorial entitlement. The book also familiarizes the reader with the rich historical and legal tradition behind intellectual property protection.
Global Environmental Constitutionalism
Author: James R. May
Publisher: Cambridge University Press
Published: 2015
Total Pages: 427
ISBN-13: 1107022258
DOWNLOAD EBOOKReflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
New Frontiers of State Constitutional Law
Author: James A. Gardner
Publisher: Oxford University Press
Published: 2011-10-24
Total Pages: 190
ISBN-13: 0195368320
DOWNLOAD EBOOKChapters featured in this title include: 'Dual Enforcement of Constitutional Norms', 'Cool Federalism and the Life Cycle of Moral Progress', 'Why Federalism and Constitutional Positivism Don't Mix', and 'Interjurisdictional Enforcement of Rights in a Post-erie World', amongst others.
Black Book of Rights
Author: Cedric Hopkins
Publisher:
Published: 2021-11-08
Total Pages:
ISBN-13: 9780998219622
DOWNLOAD EBOOKThe Black Book of Rights: In Furtherance of the Civil Rights Movement is written in two distinct but related sections. The first section reviews law enforcement in the United States of America, citing several studies demonstrating how, despite the Civil Rights Movement's successes, Black Americans are still under attack by the Criminal Justice Regime (police, prosecutors and judges). Relevant United States Supreme Court case law is highlighted to show, 1) the progression of how courts have viewed Black Americans and their place in the United States, and 2) how close in time we are to American cultural practices and customs that were said to have detrimental effects that "are likely to be undone."The second section of the book details the various encounters you have with police officers, provides you with bullet point law and facts concerning those encounters and explains how to best position yourself for the safety and preservation of your rights in a potential criminal case. The stated goal of the Black Book of Rights is to reduce the number of Black men in prisons. The Black Book acknowledges that law enforcement is unlikely to change the tactics it deploys against Black Americans that create the disproportionality found in all aspects of the Criminal Justice Regime, so the author places the responsibility on Black America to learn their rights and asks for accountability to one another for properly invoking those rights. With approximately 90% of individuals waiving their Miranda rights, the Black Book is critical in teaching the rights you possess during a police encounter and how to invoke those rights correctly. You're charged with the duty of education and application, because white America is not coming to save you.
How Constitutional Rights Matter
Author: Adam Chilton
Publisher: Oxford University Press, USA
Published: 2020
Total Pages: 397
ISBN-13: 0190871458
DOWNLOAD EBOOKDoes constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.
