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Rule of Law and the Challenges Posed by the Pandemic: Contributions to the World Law Congress 2021 in Barranquilla
Par Rainer Arnold, Javier Cremades. 2023
The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based…
on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.Das Staatenbeschwerdeverfahren der Rassendiskriminierungskonvention
Par Jan Eiken. 2023
Obwohl sieben der neun Menschenrechtsverträge auf Ebene der Vereinten Nationen die Möglichkeit eines Staatenbeschwerdeverfahrens eröffnen, kam dieser Verfahrensart über Jahrzehnte…
hinweg keinerlei praktische Bedeutung zu. Im Frühjahr 2018 erreichten den CERD-Ausschuss dann jedoch gleich drei verschiedene Staatenmitteilungen. Die erstmalige Aktivierung des Verfahrens fast 50 Jahre nach Inkrafttreten des Internationalen Übereinkommens zur Beseitigung jeder Form von Rassendiskriminierung (CERD) kann dabei als eine historische Entwicklung bezeichnet werden. Vor diesem Hintergrund bietet dieses Buch erstmals eine umfassende Auseinandersetzung mit dem Staatenbeschwerdeverfahren nach Art. 11-13 CERD und den sich daraus ergebenden völkerrechtlichen Fragen. Unter Auswertung der jüngsten Praxis des CERD-Ausschusses und der ad hoc Vergleichskommission wird die Funktionsweise des Verfahrens detailliert dargestellt, wobei immer wieder Parallelen zu den Mechanismen anderer Vertragsregime gezogen werden. Auf diese Weise soll die Arbeit auch zu dem Verständnis vergleichbarer Staatenbeschwerdeverfahren anderer Menschenrechtsverträge beitragen und zugleich die Bedeutung des Phänomens zwischenstaatlicher Streitbeilegung in Menschenrechtsfragen stärker in den Vordergrund rücken.Work Beyond the Pandemic: Towards a Human-Centred Recovery
Par Tindara Addabbo, Edoardo Ales, Ylenia Curzi, Tommaso Fabbri, Olga Rymkevich, Iacopo Senatori. 2024
This book addresses the impact of Covid-19 on employment relations and provides a reconstruction and a critical assessment of the…
measures enacted worldwide to tackle the economic and social crisis triggered by the global health emergency. The pandemic has been a booster of critical issues that for years have been silently shaping society and the labor market and so it can represent an opportunity to relaunch a critical analysis on the future of work.Beginning from this assumption, this book collects contributions from different disciplines, including law, economics and organization theory. It covers topics such as the measures enacted to protect workers’ health and cushion the labour, the new inequalities that emerged during the pandemic and the strategies to construct a sustainable and human-centred development in the post pandemic scenario. It is highly relevant to scholars and students of organisation studies, resilience, the labour market and labour law.J.K. Lasser's Small Business Taxes 2024: Your Complete Guide to a Better Bottom Line (J.K. Lasser)
Par Barbara Weltman. 2024
Expert small business tax guidance from America’s favorite expert In the newly revised J.K. Lasser’s Small Business Taxes 2024: Your…
Complete Guide to a Better Bottom Line, renowned small business attorney and tax expert Barbara Weltman delivers the latest and most up-to-date edition of America’s most trusted small business tax guide. In the book, you’ll explore exactly how to minimize your 2023 business tax bill and position your business for 2024 tax savings with straightforward and comprehensive guidance that walks you through which deductions and credits to look out for and how to claim them. You’ll discover what kinds of tax relief and green energy tax breaks are legally available to your small business and how to access them, complete with specific instructions on how to properly fill out IRS tax forms, what records to keep in case the IRS has questions, and applicable dollar limits. You’ll also find: Tax facts, strategies, checklists, and the latest information you need to ensure you pay what you legally owe – and not a penny more Sample IRS forms that demonstrate how to properly claim the deductions and credits that apply to your small business New tax laws and the latest court decisions and IRS rulings that impact your bottom-line A complimentary new e-supplement containing the latest developments from the Internal Revenue Service (IRS) and CongressA must-read roadmap to properly completing this year’s business taxes, J.K. Lasser’s Small Business Taxes 2024 is your comprehensive and up-to-date guide to legally minimizing your tax bill while making sure Uncle Sam gets what he’s owed.Banned: Immigration Enforcement in the Time of Trump
Par Shoba Wadhia. 2019
Winner, 2020 Best Book Award, Law Category, given by the American Book FestExamines immigration enforcement and discretion during the first…
eighteen months of the Trump administrationWithin days of taking office, President Donald J. Trump published or announced changes to immigration law and policy. These changes have profoundly shaken the lives and well-being of immigrants and their families, many of whom have been here for decades, and affected the work of the attorneys and advocates who represent or are themselves part of the immigrant community. Banned examines the tool of discretion, or the choice a government has to protect, detain, or deport immigrants, and describes how the Trump administration has wielded this tool in creating and executing its immigration policy.Banned combines personal interviews, immigration law, policy analysis, and case studies to answer the following questions: (1) what does immigration enforcement and discretion look like in the time of Trump? (2) who is affected by changes to immigration enforcement and discretion?; (3) how have individuals and families affected by immigration enforcement under President Trump changed their own perceptions about the future?; and (4) how do those informed about immigration enforcement and discretion describe the current state of affairs and perceive the future? Shoba Sivaprasad Wadhia pairs the contents of these interviews with a robust analysis of immigration enforcement and discretion during the first eighteen months of the Trump administration and offers recommendations for moving forward.The story of immigration and the role immigrants play in the United States is significant. The government has the tools to treat those seeking admission, refuge, or opportunity in the United States humanely. Banned offers a passionate reminder of the responsibility we all have to protect America’s identity as a nation of immigrants.Reproducing Racism: How Everyday Choices Lock In White Advantage
Par Daria Roithmayr. 2014
Argues that racial inequality reproduces itself automatically over time because early unfair advantage for whites has paved the way for…
continuing advantageThis book is designed to change the way we think about racial inequality. Long after the passage of civil rights laws, blacks and Latinos possess barely a nickel of wealth for every dollar that whites have. Why have we made so little progress?Legal scholar Daria Roithmayr provocatively argues that racial inequality lives on because white advantage functions as a powerful self-reinforcing monopoly, reproducing itself automatically from generation to generation even in the absence of intentional discrimination. Drawing on work in antitrust law and a range of other disciplines, Roithmayr brilliantly compares the dynamics of white advantage to the unfair tactics of giants like AT&T and Microsoft.With penetrating insight, Roithmayr locates the engine of white monopoly in positive feedback loops that connect the dramatic disparity of Jim Crow to modern racial gaps in jobs, housing and education. Wealthy white neighborhoods fund public schools that then turn out wealthy white neighbors. Whites with lucrative jobs informally refer their friends, who refer their friends, and so on. Roithmayr concludes that racial inequality might now be locked in place, unless policymakers immediately take drastic steps to dismantle this oppressive system.The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore
Par Richard Hasen. 2003
In the first comprehensive study of election law since the Supreme Court decided Bush v. Gore, Richard L. Hasen rethinks…
the Court’s role in regulating elections. Drawing on the case files of the Warren, Burger, and Rehnquist courts, Hasen roots the Court’s intervention in political process cases to the landmark 1962 case, Baker v. Carr. The case opened the courts to a variety of election law disputes, to the point that the courts now control and direct major aspects of the American electoral process.The Supreme Court does have a crucial role to play in protecting a socially constructed “core” of political equality principles, contends Hasen, but it should leave contested questions of political equality to the political process itself. Under this standard, many of the Court’s most important election law cases from Baker to Bush have been wrongly decided.The shocking truth about how state governments and their private industry partners are profiting from the social programs meant to…
support disadvantaged AmericansGovernment aid doesn’t always go where it’s supposed to. Foster care agencies team up with companies to take disability and survivor benefits from abused and neglected children. States and their revenue consultants use illusory schemes to siphon Medicaid funds intended for children and the poor into general state coffers. Child support payments for foster children and families on public assistance are converted into government revenue. And the poverty industry keeps expanding, leaving us with nursing homes and juvenile detention centers that sedate residents to reduce costs and maximize profit, local governments buying nursing homes to take the facilities’ federal aid while the elderly languish with poor care, and counties hiring companies to mine the poor for additional funds in modern day debtor’s prisons.In The Poverty Industry, Daniel L. Hatcher shows us how state governments and their private industry partners are profiting from the social safety net, turning America’s most vulnerable populations into sources of revenue. The poverty industry is stealing billions in federal aid and other funds from impoverished families, abused and neglected children, and the disabled and elderly poor. As policy experts across the political spectrum debate how to best structure government assistance programs, a massive siphoning of the safety net is occurring behind the scenes. In the face of these abuses of power, Hatcher offers a road map for reforms to realign the practices of human service agencies with their intended purpose and to prevent the misuse of public taxpayer dollars.With more Americans than ever before seeking unemployment benefits, it is essential to remedy the nefarious practices that will impede them from receiving the full government support they are due. The Poverty Industry shows us the path to rectify this systemic inequality to ensure that government aid truly gets to those in need.Stories from Trailblazing Women Lawyers: Lives in the Law
Par Jill Norgren. 2018
The captivating story of how a diverse group of women, including Janet Reno and Ruth Bader Ginsburg, broke the glass…
ceiling and changed the modern legal profession In Stories from Trailblazing Women Lawyers, award-winning legal historian Jill Norgren curates the oral histories of one hundred extraordinary American women lawyers who changed the profession of law. Many of these stories are being told for the first time. As adults these women were on the front lines fighting for access to law schools and good legal careers. They challenged established rules and broke the law’s glass ceiling.Norgren uses these interviews to describe the profound changes that began in the late 1960s, interweaving social and legal history with the women’s individual experiences. In 1950, when many of the subjects of this book were children, the terms of engagement were clear: only a few women would be admitted each year to American law schools and after graduation their professional opportunities would never equal those open to similarly qualified men. Harvard Law School did not even begin to admit women until 1950. At many law schools, well into the 1970s, men told female students that they were taking a place that might be better used by a male student who would have a career, not babies. In 2005 the American Bar Association’s Commission on Women in the Profession initiated a national oral history project named the Women Trailblazers in the Law initiative: One hundred outstanding senior women lawyers were asked to give their personal and professional histories in interviews conducted by younger colleagues. The interviews, made available to the author, permit these women to be written into history in their words, words that evoke pain as well as celebration, humor, and somber reflection. These are women attorneys who, in courtrooms, classrooms, government agencies, and NGOs have rattled the world with insistent and successful demands to reshape their profession and their society. They are women who brought nothing short of a revolution to the profession of law.The Law and Society Reader II (Washington Mews)
Par Erik Larson, Patrick Schmidt. 2014
Law and society scholars challenge thecommon belief that law is simply a neutral tool by which society sets standardsand resolves…
disputes. Decades of research shows how much the nature ofcommunities, organizations, and the people inhabiting them affect how lawworks. Just as much, law shapes beliefs, behaviors, and wider socialstructures, but the connections are much more nuanced—and surprising—than manyexpect.Law and SocietyReader IIprovides readers an accessible overview to the breadth of recent developmentsin this research tradition, bringing to life the developments in this dynamicfield. Following up a first Law andSociety Reader published in 1995, editors Erik W. Larson and Patrick D.Schmidt have compiled excerpts of 43 illuminating articles published since 1993in The Law & Society Review, theflagship journal of the Law and Society Association.By its organizationand approach, this volume enables readers to join in discussing the key ideasof law and society research. The selections highlight the core insights anddevelopments in this research tradition, making these works indispensable forthose exploring the field and ideal for classroom use. Across sixconcisely-introduced sections, this volume analyzes inequality, lawyering, therelation between law and organizations, and the place of law in relation toother social institutions.Justice in a New World: Negotiating Legal Intelligibility in British, Iberian, and Indigenous America (Religion and Social Transformation)
Par Brian Owensby, Richard Ross. 2018
A historical and legal examination of the conflict and interplay between settler and indigenous laws in the New WorldAs British…
and Iberian empires expanded across the New World, differing notions of justice and legality played out against one another as settlers and indigenous people sought to negotiate their relationship. In order for settlers and natives to learn from, maneuver, resist, or accommodate each other, they had to grasp something of each other's legal ideas and conceptions of justice.This ambitious volume advances our understanding of how natives and settlers in both the British and Iberian New World empires struggled to use the other’s ideas of law and justice as a political, strategic, and moral resource. In so doing, indigenous people and settlers alike changed their own practices of law and dialogue about justice. Europeans and natives appealed to imperfect understandings of their interlocutors’ notions of justice and advanced their own conceptions during workaday negotiations, disputes, and assertions of right. Settlers’ and indigenous peoples’ legal presuppositions shaped and sometimes misdirected their attempts to employ each other’s law. Natives and settlers construed and misconstrued each other's legal commitments while learning about them, never quite sure whether they were on solid ground. Chapters explore the problem of “legal intelligibility”: How and to what extent did settler law and its associated notions of justice became intelligible—tactically, technically and morally—to natives, and vice versa? To address this question, the volume offers a critical comparison between English and Iberian New World empires. Chapters probe such topics as treaty negotiations, land sales, and the corporate privileges of indigenous peoples. Ultimately, Justice in a New World offers both a deeper understanding of the transformation of notions of justice and law among settlers and indigenous people, and a dual comparative study of what it means for laws and moral codes to be legally intelligible.In 1925 Adolfo ‘Babe’ Romo, a Mexican American rancher in Tempe, Arizona, filed suit against his school district on behalf…
of his four young children, who were forced to attend a markedly low-quality segregated school, and won. But Romo v. Laird was just the beginning. Some sources rank Mexican Americans as one of the most poorly educated ethnic groups in the United States. Chicano Students and the Courts is a comprehensive look at this community’s long-standing legal struggle for better schools and educational equality. Through the lens of critical race theory, Valencia details why and how Mexican American parents and their children have been forced to resort to legal action.Chicano Students and the Courts engages the many areas that have spurred Mexican Americans to legal battle, including school segregation, financing, special education, bilingual education, school closures, undocumented students, higher education financing, and high-stakes testing, ultimately situating these legal efforts in the broader scope of the Mexican American community’s overall struggle for the right to an equal education. Extensively researched, and written by an author with firsthand experience in the courtroom as an expert witness in Mexican American education cases, this volume is the first to provide an in-depth understanding of the intersection of litigation and education vis-à-vis Mexican Americans.Trotskyists on Trial: Free Speech and Political Persecution Since the Age of FDR (Culture, Labor, History #1)
Par Donna Haverty-Stacke. 2015
Passed in June 1940, the Smith Act was a peacetime anti-sedition law that marked a dramatic shift in the legal…
definition of free speech protection in America by criminalizing the advocacy of disloyalty to the government by force. It also criminalized the acts of printing, publishing, or distributing anything advocating such sedition and made it illegal to organize or belong to any association that did the same. It was first brought to trial in July 1941, when a federal grand jury in Minneapolis indicted twenty-nine Socialist Workers Party members, fifteen of whom also belonged to the militant Teamsters Local 544. Eighteen of the defendants were convicted of conspiring to overthrow the government. Examining the social, political, and legal history of the first Smith Act case, this book focuses on the tension between the nation’s cherished principle of free political expression and the demands of national security on the eve of America’s entry into World War II. Based on newly declassified government documents and recently opened archival sources, Trotskyists on Trial explores the implications of the case for organized labor and civil liberties in wartime and postwar America. The central issue of how Americans have tolerated or suppressed dissent during moments of national crisis is not only important to our understanding of the past, but also remains a pressing concern in the post-9/11 world. This volume traces some of the implications of the compromise between rights and security that was made in the mid-twentieth century, offering historical context for some of the consequences of similar bargains struck today.Cheating Welfare: Public Assistance and the Criminalization of Poverty
Par Kaaryn Gustafson. 2011
Over the last three decades, welfare policies have been informed by popular beliefs that welfare fraud is rampant. As a…
result, welfare policies have become more punitive and the boundaries between the welfare system and the criminal justice system have blurred—so much so that in some locales prosecution caseloads for welfare fraud exceed welfare caseloads. In reality, some recipients manipulate the welfare system for their own ends, others are gravely hurt by punitive policies, and still others fall somewhere in between.In Cheating Welfare, Kaaryn S. Gustafson endeavors to clear up these gray areas by providing insights into the history, social construction, and lived experience of welfare. She shows why cheating is all but inevitable—not because poor people are immoral, but because ordinary individuals navigating complex systems of rules are likely to become entangled despite their best efforts. Through an examination of the construction of the crime we know as welfare fraud, which she bases on in-depth interviews with welfare recipients in Northern California, Gustafson challenges readers to question their assumptions about welfare policies, welfare recipients, and crime control in the United States.Legal Canons
Par Jack Balkin, Sanford Levinson. 2000
Every discipline has its canon: the set of standard texts, approaches, examples, and stories by which it is recognized and…
which its members repeatedly invoke and employ. Although the last twenty-five years have seen the influence of interdisciplinary approaches to legal studies expand, there has been little recent consideration of what is and what ought to be canonical in the study of law today.Legal Canons brings together fifteen essays which seek to map out the legal canon and the way in which law is taught today. In order to understand how the twin ideas of canons and canonicity operate in law, each essay focuses on a particular aspect, from contracts and constitutional law to questions of race and gender. The ascendance of law and economics, feminism, critical race theory, and gay legal studies, as well as the increasing influence of both rational-actor methodology and postmodernism, are all scrutinized by the leading scholars in the field. A timely and comprehensive volume, Legal Canons articulates the need for, and means to, opening the debate on canonicity in legal studies.Table of ContentsWhite by Law was published in 1996 to immense critical acclaim, and established Ian Haney López as one of the…
most exciting and talented young minds in the legal academy. The first book to fully explore the social and specifically legal construction of race, White by Law inspired a generation of critical race theorists and others interested in the intersection of race and law in American society. Today, it is used and cited widely by not only legal scholars but many others interested in race, ethnicity, culture, politics, gender, and similar socially fabricated facets of American society.In the first edition of White by Law, Haney López traced the reasoning employed by the courts in their efforts to justify the whiteness of some and the non-whiteness of others, and revealed the criteria that were used, often arbitrarily, to determine whiteness, and thus citizenship: skin color, facial features, national origin, language, culture, ancestry, scientific opinion, and, most importantly, popular opinion.Ten years later, Haney López revisits the legal construction of race, and argues that current race law has spawned a troubling racial ideology that perpetuates inequality under a new guise: colorblind white dominance. In a new, original essay written specifically for the 10th anniversary edition, he explores this racial paradigm and explains how it contributes to a system of white racial privilege socially and legally defended by restrictive definitions of what counts as race and as racism, and what doesn't, in the eyes of the law. The book also includes a new preface, in which Haney Lopez considers how his own personal experiences with white racial privilege helped engender White by Law.The Law as it Could Be
Par Owen Fiss. 2003
The Law As It Could Be gathers Fiss’s most important work on procedure, adjudication and public reason, introduced by the…
author and including contextual introductions for each piece—some of which are among the most cited in Twentieth Century legal studies. Fiss surveys the legal terrain between the landmark cases of Brown v. Board of Education and Bush v. Gore to reclaim the legal legacy of the Civil Rights Movement. He argues forcefully for a vision of judges as instruments of public reason and of the courts as a means of shaping society in the image of the Constitution. In building his argument, Fiss attends to topics as diverse as the use of the injunction to restructure social institutions; how law and economics have misunderstood the role of the judge; why the movement seeking alternatives to adjudication fails to serve the public interest; and why Bush v. Gore was not the constitutional crisis some would have us believe. In so doing, Fiss reveals a vision of adjudication that vindicates the public reason on which Brown v. Board of Education was founded.Obama's Guantánamo: Stories from an Enduring Prison
Par Jonathan Hafetz. 2016
The U.S. detention center at Guantánamo Bay has become the symbol of an unprecedented detention system of global reach and…
immense power. Since the 9/11 attacks, the news has on an almost daily basis headlined stories of prisoners held indefinitely at Guantánamo without charge or trial, many of whom have been interrogated in violation of restrictions on torture and other abuse. These individuals, once labeled “enemy combatants” to eliminate legal restrictions on their treatment, have in numerous instances been subject to lawless renditions between prisons around the world. The lines between law enforcement and military action; crime and war; and the executive, legislative, and judicial branches of power have become dangerously blurred, and it is time to unpack the evolution and trajectory of these detentions to devise policies that restore the rule of law and due process.Obama’s Guantánamo: Stories from an Enduring Prison describes President Obama’s failure to close America’s enduring offshore detention center, as he had promised to do within his first year in office, and the costs of that failure for those imprisoned there. Like its predecessor, Guantánamo Lawyers: Inside a Prison Outside the Law, Obama’s Guantánamo consists of accounts from lawyers who have not only represented detainees, but also served as their main connection to the outside world. Their stories provide us with an accessible explanation of the forces at work in the detentions and place detainees’ stories in the larger context of America’s submission to fearmongering. These stories demonstrate all that is wrong with the prison and the importance of maintaining a commitment to human rights even in times of insecurity.Test Tube Families: Why the Fertility Market Needs Legal Regulation
Par Naomi Cahn. 2009
The birth of the first test tube baby in 1978 focused attention on the sweeping advances in assisted reproductive technology…
(ART), which is now a multi-billion-dollar business in the United States. Sperm and eggs are bought and sold in a market that has few barriers to its skyrocketing growth. While ART has been an invaluable gift to thousands of people, creating new families, the use of someone else’s genetic material raises complex legal and public policy issues that touch on technological anxiety, eugenics, reproductive autonomy, identity, and family structure. How should the use of gametic material be regulated? Should recipients be able to choose the “best” sperm and eggs? Should a child ever be able to discover the identity of her gamete donor? Who can claim parental rights?Naomi R. Cahn explores these issues and many more in Test Tube Families, noting that although such questions are fundamental to the new reproductive technologies, there are few definitive answers currently provided by the law, ethics, or cultural norms. As a new generation of "donor kids" comes of age, Cahn calls for better regulation of ART, exhorting legal and policy-making communities to cease applying piecemeal laws and instead create legislation that sustains the fertility industry while simultaneously protecting the interests of donors, recipients, and the children that result from successful transfers.Why Jury Duty Matters: A Citizen’s Guide to Constitutional Action
Par Andrew Ferguson. 2012
An argument for the constitutional responsibility to participate in jury dutyIt’s easy to forget how important the jury really is…
to America. The right to be a juror is one of the fundamental rights guaranteed to all eligible citizens. The right to trial by jury helped spark the American Revolution, was quickly adopted at the Constitutional Convention, and is the only right that appears in both the Constitution and the Bill of Rights. But for most of us, a jury summons is an unwelcome inconvenience. Who has time for jury duty? We have things to do.In Why Jury Duty Matters, Andrew Guthrie Ferguson reminds us that whether we like it or not, we are all constitutional actors. Jury duty provides an opportunity to reflect on that constitutional responsibility. Combining American history, constitutional law, and personal experience, the book engages citizens in the deeper meaning of jury service. Interweaving constitutional principles into the actual jury experience, this book is a handbook for those Americans who want to enrich the jury experience. It seeks to reconnect ordinary citizens to the constitutional character of a nation by focusing on the important, and largely ignored, democratic lessons of the jury.Jury duty is a shared American tradition. It connects people across class and race, creates habits of focus and purpose, and teaches values of participation, equality, and deliberation. We know that juries are important for courts, but we don’t know that jury service is important for democracy. This book inspires us to re-examine the jury experience and act on the constitutional principles that guide our country before, during, and after jury service.