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Legalization of Human Rights in Africa: The Institutionalization of Laws Prohibiting State-Sanctioned Violence and Torture (Routledge Contemporary Africa)
by Stacey M. Mitchell Veraline Nchotu Lem Lilian AtangaMost countries on the African continent have ratified or acceded to several human rights treaties, including the Torture Convention and the African Charter on Human and People’s Rights. This book assesses the progress African countries have made in institutionalizing human rights laws prohibiting torture, extrajudicial killings, and disappearances domestically.States ratify human rights treaties for a variety of reasons. Some commentators defend an honest sincerity of purpose, whereas others might point to material incentives. The contributors to this volume go beyond the ratification puzzle to instead reframe legalization according to Lon Fuller’s conceptualization of congruence. Congruence is an interactive variable that measures the continuous efforts of government and the public to shape the law and its implementation. By reframing legalization as an ongoing process, the model created by the authors is used to test several hypotheses about what impacts legalization in Africa more broadly, and in countries such as Mali, Cameroon, Botswana, Zimbabwe, and Tunisia, more specifically. The contributors to this volume demonstrate that the legalization of human rights is never a finished product, but is a moving target influenced by exogenous and endogenous phenomena.This volume is useful for researchers of genocide, human rights, and atrocity prevention, as well as for those interested in legalization and democratization both within Africa and other regions of the world.
Legalization of International Law and Politics: Multi-Level Governance of Human Rights and Aggression
by Stacey M. Mitchell Henry (Chip) CareyThis book provides an expanded conceptualization of legalization that focuses on implementation of obligation, precision, and delegation at the international and domestic levels of politics. By adding domestic politics and the actors to the international level of analysis, the authors add the insights of Kenneth Waltz, Graham Allison, and Louis Henkin to understand why most international law is developed and observed most of the time. However, the authors argue that law-breaking and law-distorting occurs as a part of negative legalization. Consequently, the book offers a framework for understanding how international law both produces and undermines order and justice. The authors also draw from realist, liberal, constructivist, cosmopolitan and critical theories to analyse how legalization can both build and/or undermine consensus, which results in either positive or negative legalization of international law. The authors argue that legalization is a process over time and not just a snapshot in time.
Legalizing Sex: Sexual Minorities, AIDS, and Citizenship in India
by Chaitanya LakkimsettiHow the rise of HIV in India resulted in government protections for gay groups, transgender people, and sex workers This original ethnographic research explores the relationship between the HIV/AIDS epidemic and the rights-based struggles of sexual minorities in contemporary India. Sex workers, gay men, and transgender people became visible in the Indian public sphere in the mid-1980s when the rise of HIV/AIDS became a frightening issue. The Indian state started to fold these groups into national HIV/AIDS policies as “high-risk” groups in an attempt to create an effective response to the epidemic. Lakkimsetti argues that over time the crisis of HIV/AIDS effectively transformed the relationship between sexual minorities and the state from one that was focused on juridical exclusion to one of inclusion. The new relationship then enabled affected groups to demand rights and citizenship from the Indian state that had been previously unimaginable. By illuminating such tactics as mobilizing against a colonial era anti-sodomy law, petitioning the courts for the recognition of gender identity, and stalling attempts to criminalize sexual labor, this book uniquely brings together the struggles of sex workers, transgender people, and gay groups previously studied separately. A closely observed look at the machinations behind recent victories for sexual minorities, this book is essential reading across several fields.
Legally Poisoned: How the Law Puts Us at Risk from Toxicants
by Carl F. CranorTake a random walk through your life and you’ll find it is awash in industrial, often toxic, chemicals. Sip water from a plastic bottle and ingest bisphenol A. Prepare dinner in a non-stick frying pan or wear a layer of Gore-Tex only to be exposed to perfluorinated compounds. Hang curtains, clip your baby into a car seat, watch television—all are manufactured with brominated flame-retardants. Cosmetic ingredients, industrial chemicals, pesticides, and other compounds enter our bodies and remain briefly or permanently. Far too many suspected toxic hazards are unleashed every day that affect the development and function of our brain, immune system, reproductive organs, or hormones. But no public health law requires product testing of most chemical compounds before they enter the market. If products are deemed dangerous, toxicants must be forcibly reduced or removed—but only after harm has been done. In this scientifically rigorous legal analysis, Carl Cranor argues that just as pharmaceuticals and pesticides cannot be sold without pre-market testing, other chemical products should be subject to the same safety measures. Cranor shows, in terrifying detail, what risks we run, and that it is entirely possible to design a less dangerous commercial world.
Legends Of People, Myths Of State
by Bruce KapfererThe civil war in Sri Lanka and the part that nationalism seemed to play in it inspired the writing of this book some twenty-three years ago. The argument was developed through a comparative analysis of nationalism in Sri Lanka with the author's native Australia. At the time this constituted an innovative approach to comparison in anthropology, as well as to nationalism and its possibilities. It was not based on differences but on the way in which perspectives from within the two nationalisms, when seen side-by-side, could present an understanding of their implication in producing the violence of war, racism, and social exclusion. The book has lost none of its importance and urgency as proven by the chapters in the Appendix, written by top scholars working in Sri Lanka and in Australia. These contributions bring together new material and critically explore the book's themes and their continued relevance to the various trajectories in nationalist processes since the first publication of the book.
Legends of the Security Services Industry: Profiles in Leadership
by Keith Oringer Michael HymansonThe global contract security market now totals over $200 billion, with the number of private security officers exceeding that of public law enforcement officers. But this wasn’t always the case.Legends of the Security Services Industry: Profiles in Leadership presents the unique stories of 15 industry legends, who transformed the industry from early private detective and small night watch companies into large-scale contract security companies. The large-scale companies include, but are not limited to, Pinkerton, Burns International, The Wackenhut Corporation, Guardsmark, Wells Fargo, and U.S. Security Associates; as well as today’s leading security companies, Allied Universal, Securitas, G4S, Prosegur, and GardaWorld.The book begins in the nineteenth century, with early U.S. legendary detectives: Allan Pinkerton and William Burns. Then, the book focuses largely from the mid-twentieth century to the present, where successive generations of legends built large-scale contract security companies which competed with, and then acquired, those formed by the early legends. Part II legends George Wackenhut, Ira Lipman, and Tom Wathen; Part III legends, Charles Schneider, Kenneth W. Oringer, William Whitmore, Jr., and Albert Berger; and Part IV, Scandinavian legends Jørgen Philip-Sørensen, Lars Nørby Johansen, and Thomas Berglund, all developed major security companies. Part V includes current global security leaders Helena Revoredo Gut, Stephan Crétier, and Steve Jones. Part VI reviews the timelines and successful leadership of these legendary leaders, with a look at the future of the industry.The legends’ personal stories contain colorful insight into how they capitalized on the industry’s explosive growth. While each generation of legends faced unique social and competitive landscapes, their personal stories illustrate how they respectively succeeded. Their leadership and management prowess enabled them to achieve great success, as they displayed vision and achieved their goals through grit, determination, hard work, charisma, organizational skills, and calculated risk-taking.Each chapter has been extensively researched and includes firsthand accounts based on interviews with living legends, colleagues, and family of deceased legends. Personal, company and signature event photos add further color to the moving narrative. Their stories are not only highly interesting, but also provide a framework for current leaders, and the next generation of entrepreneurs, on how to build and lead large-scale security service companies. With a Foreword from Robert D. McCrie, PhD, longtime John Jay Professor and editor of the renowned industry publication The Security Letter.
Legerdemain: The President's Secret Plan, The Bomb, And what The French Never Knew
by James Heaphey“The kind of history that you will only find in the deepest part of the archives;” Herbert Werlin, PhD - World Bank ResearchThink James Bond on his first assignment. Then think again of Casablanca, secret atomic bombs, beautiful women spies and high political stakes and you have a sense of what this book is about…and it’s a true story. It takes Jim Heaphey (no, not James Bond) through the alleyways and bathhouses of Casablanca, the exotic Arabian Nights - like fair in Marrakech, the settings of the privileged in Cairo and the hillside villages of Cyprus. The story unveils the workings of MI6, the CIA, French Security Force, the Mossad and the KGB. In so doing, Legerdemain brings to the reader an understanding of the Islamist mind set and sets the stage for the affairs of the Twenty-First Century.
Leggings Revolt (Orca Currents)
by Monique PolakEric and his buddies have left behind their all boys school to attend high school with girls. Eager to find his place in this exciting new world, Eric joins the student life committee, unaware that he is expected to enforce the school's strict dress code. The dress code is particularly harsh on the girls he is keen to get to know. Eric finds this awkward, but it's nothing compared to the position he finds himself in when the whole school revolts.
Legibility: An Antifascist Poetics (Modern and Contemporary Poetry and Poetics)
by John KinsellaThis Pivot book provides a wide-ranging and diverse commentary on issues of legibility (and illegibility) around poetry, antifascist pacifist activism, environmentalism and the language of protest. A timely meditation from poet John Kinsella, the book focuses on participation in protest, demonstration and intervention on behalf of human rights activism, and writing and acting peacefully but persistently against tyranny. The book also examines how we make records and what we do with them, how we might use poetry to act or enact and/or to discuss such necessities and events. A book about community, human and animal rights and the way poetry can be used as a peaceful and decisive means of intervention in moment of public social and environmental crisis. Ultimately, it is a poetics against fascism with a focus on the well-being of the biosphere and all it contains.
Legion of Peace: 20 Paths to Super Happiness
by Muhammad Yunus Kabir Sehgal Monica Yunus Camille ZamoraNobel Prize recipient Muhammad Yunus profiles 20 Nobel Peace Prize laureates with Multi-Grammy-winning producer and New York Times bestselling author Kabir Sehgal, Monica Yunus, and Camille Zamora, teaching readers to incorporate lessons from each laureate's life into their own. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Times} p.p2 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Times; min-height: 13.0px} When Swedish chemist and engineer Alfred B. Nobel passed in 1896, he left several millions in his will to establish the Nobel Peace Prize, awarded annually in six concentrations: peace, literature, physics, chemistry, physiology or medicine, and economic science. Since its establishment, there have been over 130 Nobel Peace laureates selected, each bringing his/her own unique experiences and lessons forward as an example to others. In LEGION OF PEACE, Nobel Prize winner Muhammad Yunus, Kabir Sehgal, Monica Yunus, and Camille Zamora profile 20 prize recipients in a narrative accompanied by songs inspired by these great leaders, composed by Grammy-nominated children's artist Lori Henriques Quintet and three-time Grammy-nominated pianist Joey Alexander. Through this lyrical narrative, the authors share stories of these laureates' seemingly ordinary actions that transformed their lives and communities. The authors assign a superpower to each laureate that exemplifies the one basic principle that guided their actions, demonstrating to readers that all people from vastly different backgrounds can be connected by a common thread to come together to form a legion of peace.
Legislated Rights: Securing Human Rights through Legislation
by Grégoire Webber Bradley W. Miller Paul Yowell Richard Ekins Maris Köpcke Francisco J. UrbinaThe important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.
Legislating Authority: Sin and Crime in the Ottoman Empire and Turkey
by Ruth MillerLegislation Authority addresses issues of law, state violence, and state authority within the Ottoman and Turkish context.
Legislating Foreign Policy
by Hoyt Purvis Steven J. BakerBeginning with the premise that Congress has reasserted its role in U.S. foreign policy, the authors of this book describe, analyze, and evaluate how Congress is exercising its formal and informal powers and responsibilities. Five policy studies examine congressional action in major policy areas, placing Congress's behavior in the institutional and
Legislating Instability: Adam Smith, Free Banking, and the Financial Crisis of 1722
by Tyler Beck GoodspeedFrom 1716 to 1845 Scottish banks were among the most dynamic and resilient in Europe, effectively absorbing economic shocks that rocked markets in London and on the continent. Tyler Beck Goodspeed explains the paradox that Scotland’s banking system achieved this success without the regulations Adam Smith considered necessary for economic stability.
Legislating Privacy: Technology, Social Values, and Public Policy
by Priscilla M. ReganWhile technological threats to personal privacy have proliferated rapidly, legislation designed to protect privacy has been slow and incremental. In this study of legislative attempts to reconcile privacy and technology, Priscilla Regan examines congressional policy making in three key areas: computerized databases, wiretapping, and polygraph testing. In each case, she argues, legislation has represented an unbalanced compromise benefiting those with a vested interest in new technology over those advocating privacy protection. Legislating Privacy explores the dynamics of congressional policy formulation and traces the limited response of legislators to the concept of privacy as a fundamental individual right. According to Regan, we will need an expanded understanding of the social value of privacy if we are to achieve greater protection from emerging technologies such as Caller ID and genetic testing. Specifically, she argues that a recognition of the social importance of privacy will shift both the terms of the policy debate and the patterns of interest-group action in future congressional activity on privacy issues.Originally published in 1995.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Legislating in the Dark: Information and Power in the House of Representatives (Chicago Studies in American Politics)
by James M. CurryThe 2009 financial stimulus bill ran to more than 1,100 pages, yet it wasn't even given to Congress in its final form until thirteen hours before debate was set to begin, and it was passed twenty-eight hours later. How are representatives expected to digest so much information in such a short time. The answer? They aren't. With Legislating in the Dark, James M. Curry reveals that the availability of information about legislation is a key tool through which Congressional leadership exercises power. Through a deft mix of legislative analysis, interviews, and participant observation, Curry shows how congresspersons--lacking the time and resources to study bills deeply themselves--are forced to rely on information and cues from their leadership. By controlling their rank-and-file's access to information, Congressional leaders are able to emphasize or bury particular items, exploiting their information advantage to push the legislative agenda in directions that they and their party prefer. Offering an unexpected new way of thinking about party power and influence, Legislating in the Dark will spark substantial debate in political science.
Legislating under the Charter: Parliament, Executive Power, and Rights
by Emmett Macfarlane Janet Hiebert Anna DrakeLegislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms. Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical assistance in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage. The book offers a set of concrete reform proposals to improve the transparency and accountability of executive and bureaucratic vetting processes, and to strengthen the role of Parliament in upholding constitutional values and holding the government to account. In doing so, Legislating under the Charter contributes to the broader comparative scholarship on models of judicial review, morality policy, policy change, and constitutionalism.
Legislation And Regulation (University Casebook Ser.)
by John F. Manning Matthew C. StephensonThe updated casebook, Manning and Stephenson's Legislation and Regulation, 2d, is designed for a first-year class on Legislation & Regulation, and provides a proven, ready-to-use set of materials for those interested in introducing such a class to their 1L curriculum. The book focuses on the tools and methods of interpreting legal texts, using Supreme Court and other appellate decisions as the primary texts, yet the note material gently introduces students to applicable insights from political science, history, economics, and philosophy. The book aims to familiarize students with tools and techniques that lawyers and judges use when crafting legal arguments in statutory or regulatory contexts, and to give students a sense of the larger questions of institutional design implicated by these interpretive questions.
Legislation and Regulation
by John F. Manning Matthew C. StephensonThis casebook is specifically designed for a first-year class on Legislation Regulation, and provides a proven, ready-to-use set of materials for schools or instructors interested in introducing such a class to their 1L curriculum.
Legislation and the Regulatory State
by Samuel Estreicher David L. NollEstreicher & Noll's Legislation and the Regulatory State provides an accessible, up-to-date introduction to the institutions and procedures of the modern regulatory state. Designed to emphasize regulatory policy and the practical aspects of administrative lawyering, the casebook explores Congress's reasons for regulating and the choices it makes when enacting legislation, the legislative process and tools of statutory interpretation, administrative agencies' position within the Constitution's system of separated powers, the Administrative Procedure Act, and judicial review of agency action.
Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union: Towards a Common Regulatory Space? (Routledge Research in EU Law)
by Peter Van Elsuwege and Roman PetrovThis book explores the exportation and application of European Union legislation beyond EU borders. It clarifies the means and instruments of the voluntary application of the EU’s norms by third countries and analyses in detail the process of legislative approximation between the EU and its East European neighbours. It also assesses the extent to which the EU is successful in promoting its legal standards abroad. The first part of the book addresses the EU’s mechanisms and instruments promoting the export of its own laws and practices to other countries. Key issues include the post-Lisbon constitutional basis for the EU’s engagement with its Eastern neighbours (Art. 8 TEU); the different methods of acquis export and the impact of a new generation of Association Agreements providing for the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) and, ultimately, a Neighbourhood Economic Community (NEC) between the EU and its Eastern partners. The second part of the book includes substantive country reports that analyse the process of legislative approximation and application of EU law in the Eastern Partnership countries and Russia, authored by leading academics from the countries concerned. While currently these countries are not working towards full EU membership, the EU encourages them to approximate and converge their legislation with the EU acquis. The book also offers a unique picture of current practice of the application of EU law by judiciaries in the countries of the Eastern Partnership and Russia. The book concludes with reflections on the multi-faceted character of legislative approximation and the challenges surrounding the application of EU law in the EU’s Eastern neighbourhood. The conclusions reached are highly informative as to the effectiveness of present and future EU external regional policies aimed at the promotion of EU common values and EU legislation into the legal orders of third countries.
Legislative Codecision in the European Union: Experience over Twenty Years and Implications (ISSN)
by Anne Rasmussen, Charlotte Burns and Christine RehThis volume takes stock of twenty years of practising and studying codecision in the European Union (EU) and examines the procedure‘s long-term implications for the EU‘s institutions, politics and policies. The introduction of co-legislation between the Council of Ministers and the European Parliament in 1993 raised the prospect of increased parliamentary involvement in EU decision-making and promised a new era of more transparent, inclusive and accountable policy-making. This collection draws together contributions from diverse theoretical and methodological perspectives in order to analyse the extent to which codecision has delivered the expected gains and to review the unexpected effects that have followed from its introduction, such as the growing informalisation of EU decision-making. Using a combination of in-depth qualitative case studies, wider quantitative analyses, practitioners insights and a review of the procedure‘s democratic legitimacy the contributions offer a holistic assessment of the effect of co-decision on the political system of the EU.This book was published as a special issue of the Journal of European Public Policy.
Legislative Decline in the 21st Century: A Comparative Perspective
by Michael L. Mezey Rick Stapenhurst Irina KhmelkoIrina Khmelko, Frederick Stapenhurst, and Michael L. Mezey have assembled an authoritative guide to the declining institutional capacities of legislatures around the world. Case studies represent a diverse sample of countries, ranging from newer democracies emerging from the post-communist world to more established but at times fragile democracies in Asia. Although largely focused on newer democratic systems, readers will be able to identify key factors that explain the general global trend toward the empowerment of executives at the expense of national legislatures. The cases, although different from one another, identify several factors that have explained the erosion of legislative power, including historical legacies, institutional design, economic factors, external factors, political polarization, personalization of politics, and the rise of populism. Original data and the presentation of testable theoretical propositions about the growing imbalance between executives and national legislatures moves the field in a promising new direction. Legislative Decline in the 21st Century will be of interest to students and scholars of Legislative Studies and Comparative Politics. Lessons drawn from these case studies will allow policy makers to explore new solutions that can lead to the improved quality of democracy in countries around the world.
Legislative Delegation
by Bogdan IancuAn overarching question of contemporary constitutionalism is whether equilibriums devised prior to the emergence of the modern administrative-industrial state can be preserved or recreated by means of fundamental law. The book approaches this problem indirectly, through the conceptual lens offered by constitutional developments relating to the adoption of normative limitations on the delegation of law-making authority. Three analytical strands (constitutional theory, constitutional history, and contemporary constitutional and administrative law) run through the argument. They merge into a broader account of the conceptual ramifications, the phenomenon, and the constitutional treatment of delegation in a number of paradigmatic legal systems. As it is argued, the development and failure of constitutional rules imposing limits on legislative delegation reveal the conditions for the possibility of classical limited government and, conversely, the erosion of normativity in contemporary constitutionalism.
Legislative Deliberative Democracy: Debating Acts Restricting Freedom of Speech during War (Routledge Innovations in Political Theory)
by Avichai LevitFreedom of speech is a basic right in a democracy. During war however, national legislatures tend to enact laws that restrict this basic right. Under what circumstances can such laws be democratically legitimate? Avichai Levit argues that the degree of democratic legitimacy of laws that restrict freedom of speech during war, depends on the extent of legislature deliberation on such laws. The more law makers in both chambers of the legislature, seriously consider information and arguments, reason on the common good, and seek to persuade and decide the best legislative outcome, in committees and on the floor, the more democratic legitimacy can be associated with such laws. This book fills a gap in the scholarly literature regarding the evaluation of the democratic legitimacy of laws restricting freedom of speech during war, by bridging different theoretical perceptions and presenting an alternative normative account of deliberative democracy which focuses on the deliberations of a national legislature. Using the United States as a case study, this book goes into the details of Congressional deliberation during World War I, World War II and the Cold War, as well as the political histories that brought about such laws. Legislative Deliberative Democracy will be of interest to academics and students alike in the fields of American Constitutional law, Political theory, American politics and political history.