Описание: A controversial argument for reconsidering the limits of free speech
Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis?
In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech.
Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently.
As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside cliches that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.
Автор: Hermann-Josef Blanke; Stelio Mangiameli Название: The European Union after Lisbon ISBN: 364244489X ISBN-13(EAN): 9783642444890 Издательство: Springer Рейтинг: Цена: 20962.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The European Union after Lisbon presents contributions from European law scholars and practitioners analysing the constitutional basis of the European Union and the normative orientation of the Common Foreign and Security Policy (TEU).
An argument for the constitutional responsibility to participate in jury duty It’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.
Описание: The legal system is awash with excessive and incomprehensible information. Yet many of us assume that the unrelenting torrent of information pouring into various legal programs is both inevitable and unstoppable. We have become complacent; but it does not have to be this way. Incomprehensible! argues that surrendering to incomprehensibility is a bad mistake. Drawing together evidence from diverse fields such as consumer protection, financial regulation, patents, chemical control, and administrative and legislative processes, this book identifies a number of important legal programs that are built on the foundational assumption that 'more information is better'. Each of these legal processes have been designed in ways that ignore the imperative of meaningful communication. To rectify this systemic problem, the law must be re-designed to pay careful attention to the problem of incomprehensibility.
Описание: Property Rights and Social Justice analyses 'progressive property' in action by examining the role of constitutional property rights guarantees in mediating private ownership and social justice. It combines insights from property theory with enlightening doctrinal analysis of the interaction between property rights and social justice in the constitutional and broader legal context. It does so through the prism of the Irish Constitution's property guarantees, which uniquely in the English-speaking, common law world both protect property rights and requires their regulation by the State to secure social justice. Through this analysis, the book grounds key debates in contemporary property theory in fresh, illuminating doctrinal examples, and enhances global debates about the constitutional protection of property rights. It argues that primacy is perhaps inevitably afforded to political determinations about the appropriate mediation of property rights and social justice, meaning that the political impact of constitutionalisation needs to be disentangled from its strict legal effects.
Описание: Listing every right that a constitution should protect is hard. American constitution drafters often list a few famous rights such as freedom of speech, protection against unreasonable searches and seizures, and free exercise of religion, plus a handful of others. However, we do not need to enumerate every liberty because there is another way to protect them: an "etcetera clause." It states that there are other rights beyond those specifically listed: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." Yet scholars are divided on whether the Ninth Amendment itself actually does protect unenumerated rights, and the Supreme Court has almost entirely ignored it. Regardless of what the Ninth Amendment means, two-thirds of state constitutions have equivalent provisions, or "Baby Ninth Amendments," worded similarly to the Ninth Amendment.
This book is the story of how the "Baby Ninths" came to be and what they mean. Unlike the controversy surrounding the Ninth Amendment, the meaning of the Baby Ninths is straightforward: they protect individual rights that are not otherwise enumerated. They are an "etcetera, etcetera" at the end of a bill of rights. This book argues that state judges should do their duty and live up to their own constitutions to protect the rights "retained by the people" that these "etcetera clauses" are designed to guarantee. The fact that Americans have adopted these provisions so many times in so many states demonstrates that unenumerated rights are not only protected by state constitutions, but that they are popular. Unenumerated rights are not a weird exception to American constitutional law. They are at the center of it. We should start treating constitutions accordingly.
Описание: Charting the history and analytical underpinnings of comparative constitutional inquiry, this book probes the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages. It explores how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide.
Автор: Aneta Skorupa-Wulczynska Название: Language Rights of the Citizen of the European Union ISBN: 3631881584 ISBN-13(EAN): 9783631881583 Издательство: Peter Lang Рейтинг: Цена: 9719.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The monograph aims to verify the thesis that the language rights of European Union citizens are an important element of the EU’s respect for the national identities of its Member States guaranteed in the Treaties. The protection of these rights has been consistently strengthened in EU law, with citizenship of the Union playing an important role in this process.
The formulated thesis is verified mainly through the use of the dogmatic and legal methods, and the comparative legal method. The specific nature of the subject matter discussed requires an interdisciplinary approach, and the methods used in the field of linguistics are also applied mainly with reference to the conceptual apparatus adopted within the EU legal order.
Описание: This book delivers an original, theoretically informed analysis of the legal regulation of online speech. Rejecting the narrow pluralism of elitist and deliberative accounts of the citizen’s role in political discourse, the book defends a participatory account of speech in non-deliberative settings. The latter account of political pluralism best captures the republican democratic aspiration for popular, on-going authorship of the laws and the centrality of freedom to dissent in democratic theory. The legal and policy implications for governments and social media platforms of this inclusive envisioning of public discourse are then elaborated upon.
In the digital world, anyone with access to the internet can be a speaker. Speech on public platforms has become democratised. At the same time, aspects of online speech are plainly problematic. Concerns exist about disinformation, ‘fake news’, ‘deep fakes’, ‘weaponised speech’ and ‘trolls’. Offensive speech and the polarising effects of robustly expressed political opinion are also troublesome. These assorted downsides of democratised speech are said to undermine the integrity of democratic processes and institutions. Public debate is distorted and coarsened and the electorate are misled. How ought the liberal democratic state respond to these challenges?
The discussion is intended to be read by academics and researchers with interests in democratic theory, digital communications and freedom of expression. It offers a stimulating and distinctive contribution to debates about online speech.
Автор: Jeursen, Thijs Название: Vigilant citizen ISBN: 147981654X ISBN-13(EAN): 9781479816545 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 3762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
How the problematic behavior of private citizens—and not just the police force itself—contributes to the perpetuation of police brutality and institutional racism “Warning: Neighborhood Watch Program in Force. If I don’t call the police, my neighbor will!” Signs like this can be found affixed to telephone poles on streets throughout the US, warning trespassers that the community is an active participant in its own policing efforts. Thijs Jeursen calls this phenomenon, in which individuals take on the responsibility of defending themselves and share with the police the duty to mitigate everyday insecurity, “vigilant citizenship.” Drawing on eleven months of fieldwork in Miami and sharing the stories and experiences of police officers, private security guards, neighborhood watch groups, civil society organizations, and a broad range of residents and activists, Jeursen uses the lens of vigilant citizenship to extend the analysis of police brutality beyond police encounters, focusing on the often blurred boundaries between policing actors and policed citizens and highlighting the many ways in which policing produces and perpetuates inequality and injustice. As a central premise in everyday policing, vigilant citizenship frames racist and violent policing as matters of personal blame and individual guilt, ultimately downplaying the realities of how systemically race operates in policing and US society more broadly. The Vigilant Citizen illustrates how a focus on individualized responsibility for security exacerbates and legitimizes existing inequalities, a situation that must be addressed to end institutionalized racism in politics and the justice system.
Автор: Michael J. Gerhardt Название: Law of Presidential Impeachment: A Guide for the Engaged Citizen ISBN: 1479824690 ISBN-13(EAN): 9781479824694 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 3129.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
A clear and comprehensive overview of presidential impeachment from a leading expert in the field As a result of Donald Trump’s presidency, impeachment was once again thrust into the spotlight of American political discussion. However, its history goes back to the very founding of the nation, when American colonists, remembering their grievances against their former king, entrenched the process in their new Constitution. The Law of Presidential Impeachment breaks down both the law and politics of this process, providing a comprehensive, nonpartisan, and up-to-date explanation of the Constitution’s various mechanisms for holding presidents accountable for their misdeeds. Based on a lifetime of scholarly research, as well as unique experience as a witness and consultant in the impeachment trials of Bill Clinton and Donald Trump, Michael J. Gerhardt’s new book takes the reader back to the basics of presidential impeachments. Rather than provide reasons for or against impeaching particular presidents, he explains the law and procedures that govern impeachment, examining a number of significant, yet under-explored, issues and themes. Gerhardt offers new perspectives on the subject, arguing that it cannot be properly understood in a vacuum, but must instead be viewed in the context of its coordination with such other mechanisms as criminal prosecutions, censure, elections, congressional oversight, and the Fourteenth and Twenty-Fifth Amendments. The Law of Presidential Impeachment will be an invaluable, accessible guide for future generations, giving them a succinct yet remarkably nuanced understanding of this core aspect of our executive branch and overarching governmental system.
Описание: This book delivers an original, theoretically informed analysis of the legal regulation of online speech. Rejecting the narrow pluralism of elitist and deliberative accounts of the citizen’s role in political discourse, the book defends a participatory account of speech in non-deliberative settings. The latter account of political pluralism best captures the republican democratic aspiration for popular, on-going authorship of the laws and the centrality of freedom to dissent in democratic theory. The legal and policy implications for governments and social media platforms of this inclusive envisioning of public discourse are then elaborated upon. In the digital world, anyone with access to the internet can be a speaker. Speech on public platforms has become democratised. At the same time, aspects of online speech are plainly problematic. Concerns exist about disinformation, ‘fake news’, ‘deep fakes’, ‘weaponised speech’ and ‘trolls’. Offensive speech and the polarising effects of robustly expressed political opinion are also troublesome. These assorted downsides of democratised speech are said to undermine the integrity of democratic processes and institutions. Public debate is distorted and coarsened and the electorate are misled. How ought the liberal democratic state respond to these challenges?The discussion is intended to be read by academics and researchers with interests in democratic theory, digital communications and freedom of expression. It offers a stimulating and distinctive contribution to debates about online speech.
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