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Secession and Statehood: Lessons from Spain and Catalonia (Routledge Research in International Law)
by Ana Gemma López Martín José Antonio UncetaThis book analyses the complex phenomenon of secession as a form of creation of States from the perspective of international law. As opposed to other approaches based on the analysis of the political foundation of the secessionist processes or on the construction of a legal basis that justifies the existing practice, the aim is to provide an explanation of secession as a practice covered neither by the legal regime of the United Nations for the self-determination of colonial peoples nor by the regulations and guidelines relating to the human rights of minorities and indigenous populations, both in the UN and in regional organisations (Organization of American States, Council of Europe or African Union). It is stated that secession is a practice that does not comply with international peremptory norms – such as those that prohibit going against the territorial integrity of the States, the use of force or intervention in the internal affairs of other States. Even being aware of the inevitable consequences of the effective creation of States and other de facto entities on trade relations, communications and the rights of individuals, among other matters, secession is a practice that should lead to an obligation of nonrecognition by States and by international organisations. As an example of this practice, the secessionist process in Catalonia since 2014 is explained and studied.
Second Generation Biometrics: The Ethical, Legal and Social Context
by Dimitros Tzovaras Emilio MordiniWhile a sharp debate is emerging about whether conventional biometric technology offers society any significant advantages over other forms of identification, and whether it constitutes a threat to privacy, technology is rapidly progressing. Politicians and the public are still discussing fingerprinting and iris scan, while scientists and engineers are already testing futuristic solutions. Second generation biometrics - which include multimodal biometrics, behavioural biometrics, dynamic face recognition, EEG and ECG biometrics, remote iris recognition, and other, still more astonishing, applications - is a reality which promises to overturn any current ethical standard about human identification. Robots which recognise their masters, CCTV which detects intentions, voice responders which analyse emotions: these are only a few applications in progress to be developed. This book is the first ever published on ethical, social and privacy implications of second generation biometrics. Authors include both distinguished scientists in the biometric field and prominent ethical, privacy and social scholars. This makes this book an invaluable tool for policy makers, technologists, social scientists, privacy authorities involved in biometric policy setting. Moreover it is a precious instrument to update scholars from different disciplines who are interested in biometrics and its wider social, ethical and political implications.
Second Generation United Nations
by Michael BartoloAs the United Nations moves beyond its fiftieth anniversary into the new millennium, it is faced with a new global system fraught with political and economic tensions that can no longer be handled with models that defined the organization when it was founded in 1945. An innovative vision for a restructuring of the United Nations, this book offers an insider's look at how the UN can respond more effectively to the challenges of the future in an age of globalization.
Second Wounds: Victims' Rights and the Media in the U.S.
by Carrie A. RentschlerThe U. S. victims' rights movement has transformed the way that violent crime is understood and represented in the United States. It has expanded the concept of victimhood to include family members and others close to direct victims, and it has argued that these secondary victims may be further traumatized through their encounters with insensitive journalists and the cold, impersonal nature of the criminal justice system. This concept of extended victimization has come to dominate representations of crime and the American criminal justice system. In Second Wounds, Carrie A. Rentschler examines how the victims' rights movement brought about such a marked shift in how Americans define and portray crime. Analyzing the movement's effective mobilization of activist networks and its implementation of media strategies, she interprets texts such as press kits, online victim memorials, and training materials for victims' advocates and journalists. Rentschler also provides a genealogy of the victims' rights movement from its emergence in the 1960s into the twenty-first century. She explains that while a "get tough on crime" outlook dominates the movement, the concept of secondary victimization has been invoked by activists across the political spectrum, including anti-death penalty advocates, who contend that the families of death-row inmates are also secondary victims of violent crime and the criminal justice system.
Second-Best Justice: The Virtues of Japanese Private Law
by J. Mark RamseyerIt’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent. With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically. An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.
Secondary Liability of Internet Service Providers
by Graeme B. DinwoodieThis book analyses the doctrinal structure and content of secondary liability rules that hold internet service providers liable for the conduct of others, including the safe harbours (or immunities) of which they may take advantage, and the range of remedies that can be secured against such providers. Many such claims involve intellectual property infringement, but the treatment extends beyond that field of law. Because there are few formal international standards which govern the question of secondary liability, comprehension of the international landscape requires treatment of a broad range of national approaches. This book thus canvasses numerous jurisdictions across several continents, but presents these comparative studies thematically to highlight evolving commonalities and trans-border commercial practices that exist despite the lack of hard international law. The analysis presented in this book allows exploration not only of contemporary debates about the appropriate policy levers through which to regulate intermediaries, but also about the conceptual character of secondary liability rules.
Secrecy World: Inside the Panama Papers Investigation of Illicit Money Networks and the Global Elite
by Jake BernsteinA two-time Pulitzer Prize-winning journalist takes us inside the world revealed by the Panama Papers, a landscape of illicit money, political corruption, and fraud on a global scale. A hidden circulatory system flows beneath the surface of global finance, carrying trillions of dollars from drug trafficking, tax evasion, bribery, and other illegal enterprises. This network masks the identities of the individuals who benefit from these activities, aided by bankers, lawyers, and auditors who get paid to look the other way. In Secrecy World, the Pulitzer Prize winning investigative reporter Jake Bernstein explores this shadow economy and how it evolved, drawing on millions of leaked documents from the files of the Panamanian law firm Mossack Fonseca—a trove now known as the Panama Papers—as well as other journalistic and government investigations. Bernstein shows how shell companies operate, how they allow the superwealthy and celebrities to escape taxes, and how they provide cover for illicit activities on a massive scale by crime bosses and corrupt politicians across the globe.Bernstein traveled to the Caribbean, Latin America, Europe, and within the United States to uncover how these strands fit together—who is involved, how they operate, and the real-world impact. He recounts how Mossack Fonseca was exposed and what lies ahead for the corporations, banks, law firms, individuals, and governments that are implicated.Secrecy World offers a disturbing and sobering view of how the world really works and raises critical questions about financial and legal institutions we may once have trusted.
Secrecy and Power: Life Of J. Edgar Hoover
by Richard Gid PowersA well-researched biography about the public and private life of J. Edgar Hoover—former FBI director and America&’s most controversial law enforcer—that draws on previously unknown personal documents, a study of FBI files, and the presidential papers of nine administrations.Secrecy and Power is a full biography of former FBI director, covering all aspects of Hoover&’s controversial career from the Red Scare following World War I to the 1960s and his personal vendettas against Martin Luther King and the civil rights and antiwar movements.
Secrecy, Law and Society
by Greg Martin Rebecca Scott Bray Miiko KumarCommentators have shown how a ‘culture of security’ ushered in after the terrorist attacks of 11 September 2001 has involved exceptional legal measures and increased recourse to secrecy on the basis of protecting public safety and safeguarding national security. In this context, scholars have largely been preoccupied with the ways that increased security impinges upon civil liberties. While secrecy is justified on public interest grounds, there remains a tension between the need for secrecy and calls for openness, transparency and disclosure. In law, secrecy has implications for the separation of powers, due process, and the rule of law, raising fundamental concerns about open justice, procedural fairness and human rights. Beyond the counterterrorism and legal context, scholarly interest in secrecy has been concerned with the credibility of public and private institutions, as well as the legacies of secrecy across a range of institutional and cultural settings. By exploring the intersections between secrecy, law and society, this volume is a timely and critical intervention in secrecy debates traversing various fields of legal and social inquiry. It will be a useful resource for academic researchers, university teachers and students, as well as law practitioners and policymakers interested in the legal and socio-legal dimensions of secrecy.
Secrecy, Privacy and Accountability: Challenges for Social Research
by Mike SheaffPublic mistrust of those in authority and failings of public organisations frame disputes over attribution of responsibility between individuals and systems. Exemplified with examples, including the Aberfan disaster, the death of Baby P, and Mid Staffs Hospital, this book explores parallel conflicts over access to information and privacy.The Freedom of Information Act (FOIA) allows access to information about public organisations but can be in conflict with the Data Protection Act, protecting personal information. Exploring the use of the FOIA as a research tool, Sheaff offers a unique contribution to the development of sociological research methods, and debates connected to privacy and secrecy in the information age. This book will provide sociologists and social scientists with a fresh perspective on contemporary issues of power and control.
Secret Agenda: Watergate, Deep Throat, and the CIA
by Jim HouganThe exposé that reveals &“a prostitution ring, heavy CIA involvement, spying on the White House as well as on the Democrats, and plots within plots&” (The Washington Post) Ten years after the infamous Watergate scandal that brought down the Nixon presidency, Jim Hougan—then the Washington editor of Harper&’s Magazine—set out to write a profile of Lou Russell, a boozy private-eye who plied his trade in the vice-driven underbelly of the nation&’s capital. Hougan soon discovered that Russell was &“the sixth man, the one who got away&” when his boss, veteran CIA officer Jim McCord, led a break-in team into a trap at the Watergate. Using the Freedom of Information Act to win the release of the FBI&’s Watergate investigation—some thirty-thousand pages of documents that neither the Washington Post nor the Senate had seen—Hougan refuted the orthodox narrative of the affair. Armed with evidence hidden from the public for more than a decade, Hougan proves that McCord deliberately sabotaged the June 17, 1972, burglary. None of the Democrats&’ phones had been bugged, and the spy-team&’s ostensible leader, Gordon Liddy, was himself a pawn—at once, guilty and oblivious. The power struggle that unfolded saw E. Howard Hunt and Jim McCord using the White House as a cover for an illicit domestic intelligence operation involving call-girls at the nearby Columbia Plaza Apartments. A New York Times Notable Book, Secret Agenda &“present[s] some valuable new evidence and explored many murky corners of our recent past . . . The questions [Hougan] has posed here—and some he hasn&’t—certainly deserve an answer&” (The New York Times Book Review). Kirkus Reviews declared the book &“a fascinating series of puzzles—with all the detective work laid out.&”
Secret Empires: How The American Political Class Hides Corruption And Enriches Family And Friends
by Peter SchweizerPeter Schweizer has been fighting corruption—and winning—for years. In Throw Them All Out, he exposed insider trading by members of Congress, leading to the passage of the STOCK Act. In Extortion, he uncovered how politicians use mafia-like tactics to enrich themselves. And in Clinton Cash, he revealed the Clintons’ massive money machine and sparked an FBI investigation. <P><P> Now he explains how a new corruption has taken hold, involving larger sums of money than ever before. Stuffing tens of thousands of dollars into a freezer has morphed into multibillion-dollar equity deals done in the dark corners of the world. <P><P> An American bank opening in China would be prohibited by US law from hiring a slew of family members of top Chinese politicians. However, a Chinese bank opening in America can hire anyone it wants. It can even invite the friends and families of American politicians to invest in can’t-lose deals. <P><P> President Donald Trump’s children have made front pages across the world for their dicey transactions. However, the media has barely looked into questionable deals made by those close to Barack Obama, Joe Biden, John Kerry, Mitch McConnell, and lesser-known politicians who have been in the game longer. <P><P> In many parts of the world, the children of powerful political figures go into business and profit handsomely, not necessarily because they are good at it, but because people want to curry favor with their influential parents. This is a relatively new phenomenon in the United States. But for relatives of some prominent political families, we may already be talking about hundreds of millions of dollars. <P><P> Deeply researched and packed with shocking revelations, Secret Empires identifies public servants who cannot be trusted and provides a path toward a more accountable government.
Secret Trials and Executions: Military Tribunals and the Threat to Democracy (Open Media Series)
by Barbara OlshanskySince the attacks of September 11th, there has been a sweeping revision of U.S. immigration laws, foreign intelligence gathering operations, and domestic law enforcement procedures. While aimed at countering terrorism and bringing to justice those individuals who are responsible for carrying out acts of terror against the U.S., many of these measures also involve a profound curtailment of our constitutional rights and liberties. Among the most controversial of the new measures is the unprecedented order authorizing the creation of special military tribunals to try non-citizens suspected of terrorism. In Secret Trials and Executions, Olshansky helps us step back for a moment to assess several of the Bush Administration's 2001 policy pronouncements, and examine how the Constitution addresses the cardinal issues of military authority and the requirements of due process and equal protection under the law, and how the courts and Congress have defined the proper roles of the executive, legislative, and judicial branches in our federal government. To provide a framework for this analysis, Olshansky looks at the history of military tribunals, whether the current situation warrants the type of forum proposed by the president, the official positions that our government has taken with regard to the use of military tribunals by other nations, the legal basis for the specific form of military tribunal that is established by the Military Order, what alternatives exist to bring to justice those who may be guilty of such crimes, what constitutional principles are at stake in this decision, and what the decision to use military tribunals will mean in terms of this country's credibility and moral authority in the international arena.
Secrets and Democracy
by Lawrence QuillSecrets and Democracy develops a new approach to understanding the centrality of secrecy to political life. From the ancient world to the modern, this book considers the growing importance of secrets, the dilemmas this poses to conceptions of democracy and the challenges that collecting secrets poses to publicity and privacy in the network society.
Secrets and Laws
by Melanie L WilliamsThis book demonstrates that law can be newly interrogated when examined through the lens of literature. The book creates simple pathways which energise and illustrate the links between legal theory and legal science and doctrine through the wider visions of history, literature and culture. This broadening approach is integral to understanding law in the context of wider debates and media in the community. The book provides a collection of essays, with additional commentary which reflects upon very recent scholarship and debate on a range of ethico-legal topics; it also illustrates how conventional legal matters may be rendered lively and palatable, as an adjunct to approaching doctrine and cases 'cold' in the conventional textbook manner. The chapters range from examination of current thought on cohabitation and marriage laws (via Jude the Obscure), 19th century medico-legal cases relevant to current narratives of insanity in women and the nature and status of expert evidence generally; assisted suicide and autonomy (via a poem by Jon Stallworthy) to an essay on the nature of race and ethnicity (via a poem by R S Thomas), a discussion of obscenity and moral philosophy (via an essay on Crash by J G Ballard and the philosophy of Bernard Williams) and a history of ideas discussion of positivism, natural law and political crisis, war and terrorism through legal and political theory texts and a poem by Auden. The materials refer to case law where appropriate.
Secrets of the Killing State: The Untold Story of Lethal Injection
by Corinna Barrett LainLethal injection is nothing like what people think. This is its untold story.In the popular imagination, lethal injection is a slight pinch and a swift nodding off to forever-sleep. It is performed by well-qualified medical professionals. It is regulated and carefully conducted. And it usually provides a “humane” death. In reality, however, not one of those things is true.Secrets of the Killing State pulls back the curtain on this clandestine punishment practice, presenting a view of lethal injection that states have worked hard to hide. Botched executions are a part of this story, but they are just the tip of the iceberg. For all the suffering that we see, there is also suffering that we don’t see. Indeed, the story told here is even bigger than the executions themselves, for behind the scenes is where it unfolds. Fake science, torturous drugs, inept executioners, prison problems, and decades of state secrecy have created an execution method hard-wired to go wrong in countless ways.The story of lethal injection is a story of gross incompetence, law breaking, torturous deaths, and a stunning indifference to the way in which human beings die at the hands of the state. These are the secrets of the killing state—all that we know from litigation files, scientific studies, investigative journalism, autopsy reports, interviews, and scholarship across a number of fields. Death penalty expert Corinna Barrett Lain uses this groundbreaking journey into the dark reality of lethal injection to shine a light on the American death penalty more broadly and show that the state at its most powerful moment is also the state at its worst.We are now over 45 years into the lethal injection era, and most Americans still have no idea what states are doing in their name. It’s time they found out.
Secrets of the Secret Service: The History and Uncertain Future of the U.S. Secret Service (Pocket Inspirations)
by Gary J. Byrne Grant M. SchmidtFrom the author of the #1 New York Times bestseller CRISIS OF CHARACTER comes an explosive new exposé of the Secret Service.The United States Secret Service is tasked with protecting our Presidents, their families, and the complex in which they live and work. Given this important mission, world stability rests upon the shoulders of its agents. In his new book, former Secret Service officer Gary Byrne takes readers behind the scenes to understand the agency's history and today's security failings that he believes put Americans at risk The American public knows the stories of Secret Service heroism, but they don't know about the hidden legacy of problems that have plagued the agency ever since its creation.Gary Byrne says that decades of catastrophic public failures, near misses, and bureaucratic and cultural rot threaten to erode this critical organization from the inside out.Today, as it works to protect President Trump, the Secret Service stands at a crossroads, and the time needed to choose the right course is running out. Agents and officers are leaving the Secret Service in droves, or they're being overworked to the point where they lose focus on the job. Management makes decisions based on politics, not the welfare of their employees. Byrne believes that this means danger for the men and women of the Secret Service, danger for the President they protect, and danger for the nation. In this book, he shares what he has witnessed and learned about the Secret Service with the hope that the problems of this most important agency can be fixed before it's too late.
Secrets: On the Ethics of Concealment and Revelation
by Sissela BokThe author of Lying shows how the ethical issues raised by secrets and secrecy in our careers or private lives take us to the heart of the critical questions of private and public morality.
Secuencia del procedimiento penal
by Erasmo Palemón AlamillaLa obra que tiene en sus manos, constituye un texto de consulta diaria que no habrá solamente de ser minuciosamente leído en su totalidad; por el contrario, debe ser considerado una herramienta diaria de consulta, a la que debe acudirse en cada caso particular para disipar dudas, aclarar ideas y recordar conceptos que habremos de utilizar en cada una de las audiencias que tienen lugar durante la tramitación de un proceso acusatorio, pues el esquema adoptado por el autor para su elaboración, permite que este texto de consulta cotidiana nos permita salir avante en las diversas problemáticas jurídicas a las que defensores, fiscales, asesores jurídicos y juzgadores nos enfrentamos cada día. Cabe agregar que esta segunda edición, aborda ya la más reciente reforma al Código Nacional de Procedimientos Penales publicada en el Diario Oficial de la Federación el pasado 17 de junio, lo que le otorga un valor adicional al ya enriquecido texto, que seguro estoy constituirá un bastión en las bibliotecas personales de todos aquellos que en modo alguno estamos involucrados con el nuevo sistema de justicia penal, lo que me permite considerar que el éxito de esta obra no sólo está asegurado, sino que será cada vez mayor.
Secular Cosmopolitanism, Hospitality, and Religious Pluralism (Routledge Studies in Religion)
by Andrew FialaThis book explores the idea of religious pluralism while defending the norms of secular cosmopolitanism, which include liberty, tolerance, civility, and hospitality. The secular cosmopolitan ideal requires us to be more tolerant and more hospitable toward religious believers and non-believers from diverse traditions in our religiously pluralistic world. Some have argued that the world’s religions can be united around a common core. This book argues that it is both impossible and inadvisable either to reduce religion to one thing or to deny religion. Instead, the book affirms non reductive pluralism and seeks to understand how we should live in a pluralistic world. Building on work in the sociology of religion and philosophy of religion, the book examines the grown of religious diversity (and the spread of nonreligion) in the contemporary world. It argues that religious toleration, hospitality, and compassion must be extended in a global direction. Secular cosmopolitanism recognizes that each person has a right to his or her deepest beliefs and that the diversity of the world’s religious and non-religious traditions cannot be reduced or eliminated.
Secular Meditation-Based Ethics of Responsibility (MBER) Program: Wise Intentions, Consciousness and Reflexivities
by Helene HagègeSecular Spirituality
by Harald WalachThis book discusses spirituality as an emerging scientific topic from a historical perspective, with extensive discussion of the mind-body problem and of scientific concepts of consciousness. While the book focuses on the Western tradition of 'Enlightenment', it also implicitly addresses the double meaning of the term, with the Eastern tradition describing it as 'a state of true knowledge, which is an important goal on an individual's spiritual path' and the Western tradition seeing it as 'the collective process of getting rid of narrow-minded dogmas and concepts'. The book is based on a simple yet challenging premise: Science has not gone far enough in the scientific process of going from a collective mind tied up in dogmatic teachings to a truly free mind that, seemingly, freed itself from bondage and restrictions. The book shows that science, and with it our whole Western culture, has to incorporate spirituality if it is to realize this goal of enlightenment. If that is done, and it can only be done by many individuals actually practicing spirituality, this will also lead to the individual type of enlightenment.
Secularism and Freedom of Religion in Italy: Religious Symbols in the Public Space (ICLARS Series on Law and Religion)
by Maria Cristina IvaldiThe display of religious symbols in the public space has been the subject of much debate. This book provides an overview of the presence of religious symbols in Italian public institutions from a legal standpoint.The situation is analysed from the perspective of the principles of laicità/secularism, as defined by the Constitutional Court, and freedom of religion. It is argued that while the display of religious symbols in public institutions has been widely investigated doctrinally, the wearing of religious symbols in Italy has generally been neglected. Key cases are examined in light of national jurisprudence as well as intervention by the European Court of Human Rights and relevant judgments from foreign courts regarding this issue. Finally, the work considers the presence of religious symbols that transcend national borders, as in the case of arts, sport and advertising. A comparison is made with the French system which takes a very different approach. The book outlines possible ways forward in light of the growing interculturality of European societies.It will be a valuable resource for academics, researchers and policy-makers working in the areas of law and religion, and comparative law.
Secularism: Law, Policy, and Religious Diversity (Boundaries of Religious Freedom: Regulating Religion in Diverse Societies)
by David KoussensThe increasing visibility of Islam in France and the vehemence of debates about it have often contributed to narrow public perceptions of secularism to a simplistic antireligious crusade, a misleading image disseminated by the media and politicians alike. Taking the opposite stand, this book embarks on a comprehensive effort to document the multiple areas in which French secularism plays out - in debates over “cults,” places of worship, chaplaincy services in public institutions, the recognition of associations of worship, and more -, outlining and analizing the legal paths favored by the state in the regulation of religious diversity. While Islam has undoubtedly contributed to the reshaping of French secularism in the last decades, the book moves beyond what has come to be known as the "Muslim Question" to look at the multiplicity of challenges contemporary religious beliefs, practices, and organizations now pose to the state. David Koussens examines the main political and legal configurations of French secularism over the last thirty years through a sociological and juridical lens, in order to better document its diversity. Such a portrait emphasizes that French secularism is not a univocal phenomenon but one that appears in many guises.
Secularists, Religion and Government in Nineteenth-Century America
by Timothy VerhoevenThis book shows how, through a series of fierce battles over Sabbath laws, legislative chaplains, Bible-reading in public schools and other flashpoints, nineteenth-century secularists mounted a powerful case for a separation of religion and government. Among their diverse ranks were religious skeptics, liberal Protestants, members of minority faiths, labor reformers and defenders of slavery. Drawing on popular petitions to Congress, a neglected historical source, the book explores how this secularist mobilization gathered energy at the grassroots level. The nineteenth century is usually seen as the golden age of an informal Protestant establishment. Timothy Verhoeven demonstrates that, far from being crushed by an evangelical juggernaut, secularists harnessed a range of cultural forces—the legacy of the Revolutionary founders, hostility to Catholicism, a belief in national exceptionalism and more—to argue that the United States was not a Christian nation, branding their opponents as fanatics who threatened both democratic liberties as well as true religion.