American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial ...Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.
Seeking refuge Garcia, Maria Cristina; Garcia, Maria Cristina
2006., 20060204, 2006, 2006-03-06
eBook
The political upheaval in Nicaragua, El Salvador, and Guatemala had a devastating human toll at the end of the twentieth century. A quarter of a million people died during the period 1974-1996. Many ...of those who survived the wars chose temporary refuge in neighboring countries such as Honduras and Costa Rica. Others traveled far north, to Mexico, the United States, and Canada in search of safety. Over two million of those who fled Central America during this period settled in these three countries.
This book provides an overview of the practice of Islamic finance and the historical roots that define its modes of operation. The focus of the book is analytical and forward-looking. It shows that ...Islamic finance exists mainly as a form of rent-seeking legal-arbitrage. In every aspect of finance - from personal loans to investment banking, and from market structure to corporate governance - Islamic finance aims to replicate in Islamic forms the substantive functions of contemporary financial instruments, markets, and institutions. By attempting to replicate the substance of contemporary financial practice using pre-modern contract forms, Islamic finance has arguably failed to serve the objectives of Islamic law. This book proposes refocusing Islamic finance on substance rather than form. This approach would entail abandoning the paradigm of 'Islamization' of every financial practice. It would also entail reorienting the brand-name of Islamic finance to emphasize issues of community banking, micro-finance, and socially responsible investment.
Every year, over a hundred thousand workers bring claims to an Employment Tribunal. The settling of disputes between employers and unions has been exchanged by many for individual litigation. In ...Struck Out, barrister David Renton gives a practical and critical guide to the system. In doing so he punctures a number of media myths about the Tribunals. Far from bringing flimsy cases, two-thirds of claimants succeed at the hearing. And rather than paying lottery-size jackpots, average awards are just a few thousand pounds – scant consolation for a loss of employment and often serious psychological suffering. The book includes a critique of the present government’s proposals to reform the Tribunal system. Employment Tribunals are often seen by workers as the last line of defence against unfairness in the workplace. Struck Out shows why we can't rely on the current system to deliver fairness and why big changes are needed.
This collection addresses the potential of the European Social Charter to promote and safeguard social rights in Europe. Drawing on the expertise of the ETUI Transnational Trade Union Rights expert ...network from across Europe, it provides a comprehensive commentary on these fundamental rights. Taking a two part approach, it offers an in-depth legal analysis of the European Social Charter as a new social constitution for Europe, investigating first the potential of the general legal frame in which the Charter is embedded. In the second phase a series of social rights which are related to the employment relation are examined in particular in light of the jurisprudence of the European Committee of Social Rights (ECSR), to demonstrate the crucial but difficult role of the Charter's supervisory bodies to secure the respect and promotion of social rights and national level, bearing in mind the reciprocal influence of other international social rights instruments. This examination is timely, given the pressure exerted on those rights during the recent period of economic crisis. Furthermore, in the light of the predominantly economic vision of Europe, such analysis is crucial. The collection is aimed at stimulating academic scrutiny and raising awareness amongst practitioners and trade unions about this important and equally necessary anchor of the social dimension of Europe in legal and political practice.
International law has become part of everyday family law practice, as lawyers everywhere are confronted with questions regarding the rights of 'mail-order' brides, the adoption of children from other ...countries, the abduction of children by foreign parents, and domestic violence victims seeking asylum. Indeed, globalization is transforming family law, even as families themselves are being redefined. This book provides a practical overview of such issues and also examines the ways in which culture shapes family law in different countries. It provides students with a useful introduction to challenging, complicated and fascinating issues in international family law. Finally, by incorporating a comparative perspective, it gives readers an opportunity to re-examine their own legal systems.
Contents: Introduction: why study international family law?; Marriage; Partnerships other than marriage; Adoption; Divorce/marital status; Divorce/maintenance and support; Divorce/property distribution; Reproductive rights and abortion; Visitation; Child custody and abduction; Child support; Domestic violence; Human rights for the family and human rights of individuals within the family. Index.
Barbara Stark is Professor of Law at the Hofstra University School of Law, USA.
Despite the fact that there are up to 25 million internally displaced persons around the world, their plight is still little known. Like refugees, internally displaced persons have been forced to ...leave their homes because of war and human rights abuses, but they have not left their country. This has major consequences in terms of the protection available to them. This 2005 book aims to offer a clear and easily accessible overview of this important humanitarian and human rights challenge. In contrast with other books on the topic, it provides an objective evaluation of UN efforts to protect the internally displaced. It will be of interest to all those involved with the internally displaced, as well as anyone seeking to gain an overall understanding of this complex issue.
In 'TransUnion LLC v. Ramirez', the Supreme Court reinterpreted standing's injury in-fact requirement to preclude jurisdiction in cases where a plaintiff alleges a statutory violation divorced from a ...traditionally recognized concrete harm. Scholars and courts have spilled endless ink examining how these standing developments either enforce or undermine the separation of powers. Yet, few have scrutinized how recent changes in standing doctrine implicate federalism when federal courts sit in diversity.
Through the prism of state wage-and-hour laws, this Note explicates how a stringent reading of standing's requirements imperils key federalism values. It finds that federal courts in New York have used a strict interpretation of 'TransUnion''s concrete-injury requirement to prevent workers from bringing certain state wage-and-hour claims in federal court. This version of standing robs state legislatures of their policy making power, creating undesirable practical and normative outcomes. In contrast, California federal courts have adopted a more permissive stance that gives state legislatures their due and preserves workers' ability to access a federal forum to vindicate their state-law rights. This dichotomy highlights the divergent approaches federal courts may take when assessing standing in diversity jurisdiction cases in the wake of 'TransUnion'. Given the discretion lower federal courts retain in deciding how to read 'TransUnion', this Note urges federal courts presiding over state wage-and-hour cases in other jurisdictions-as well as those hearing state-law claims generally-to follow the California approach and apply the concrete-injury requirement permissively.
Women, Property, and the Letters of the Law in Early Modern Englandexamines the competing narratives of property told by and about women in the early modern period. Through letters, legal treatises, ...case law, wills, and works of literature, the contributors explore women's complex roles as subjects and agents in commercial and domestic economies, and as objects shaped by a network of social and legal relationships. By constructing conversations across the disciplinary boundaries of legal and social history, sociology and literary criticism, the collection explores a diverse range of women's property relationships.
Recent research has revealed fissures in our knowledge about women's property relationships within a regime characterized by competing jurisdictions, diverse systems of tenure, and multiple concepts of property.Women, Property, and the Letters of the Law in Early Modern Englandturns to these points of departure for the study of women's legal status and property relationships in the early modern period. This interdisciplinary analysis of women and property is written in an accessible manner and will become a valuable resource for scholars and students of Renaissance, Restoration and eighteenth-century literature, early modern social and legal history, and women's studies.
