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In spite of their public attractions and millions of visitors, most shopping malls are now off-limits to free speech and expressive activity. The same may be said about many other public spaces and marketplaces in American cities and suburbs, leaving scholars and other observers to wonder where civic engagement is lawfully permitted in the United States. In Public Spaces, Marketplaces, and the Constitution, Anthony Maniscalco draws on key legal decisions, social theory, and urban history to demonstrate that public spaces have been split apart from First Amendment protections, while the expression of political ideas has been excluded from privately owned, publicly accessible malls. Today, the traditional indoor suburban shopping mall, that icon of modern American capitalism and culture, is being replaced by outdoor retail centers. Yet the law and courts have been slow to catch up. Maniscalco argues that scholars, students, and the public must confront these innovations in commercial design and consumer practices, as well as what they portend for contemporary metropolitan America and its civic spaces.
Examines how the Supreme Court has banished free expression from shopping malls and other public spaces. In spite of their public attractions and millions of visitors, most shopping malls are now off-limits to free speech and expressive activity. The same may be said about many other public spaces and marketplaces in American cities and suburbs, leaving scholars and other observers to wonder where civic engagement is lawfully permitted in the United States. In Public Spaces, Marketplaces, and the Constitution, Anthony Maniscalco draws on key legal decisions, social theory, and urban history to demonstrate that public spaces have been split apart from First Amendment protections, while the expression of political ideas has been excluded from privately owned, publicly accessible malls. Today, the traditional indoor suburban shopping mall, that icon of modern American capitalism and culture, is being replaced by outdoor retail centers. Yet the law and courts have been slow to catch up. Maniscalco argues that scholars, students, and the public must confront these innovations in commercial design and consumer practices, as well as what they portend for contemporary metropolitan America and its civic spaces.
"Mean Streets offers, in a single, sustained argument, a theory of the social and economic logic behind the historical development, evolution, and especially persistence of homelessness in the contemporary city. By updating and revisiting thirty years of research and thinking, Don Mitchell explores the conditions that produce and sustain homelessness, and how its persistence relates to the way capital works in the urban built environment. Consequently, he unpacks the structure, meaning, uses, and governance of urban public space. As one reviewer commented, "thinking about the histories under which the homeless have been produced and regulated is vital." Mitchell traces his argument through two sections: a broadly historical overview, followed by an exploration of recent Supreme Court jurisprudence that also expands the discussion beyond the regulation of the homeless and the poor, arguing that this has 'metastasized' to become more general issue, affecting all urbanites"--
The built environment influences health and well-being in a myriad of ways. Some neighbourhoods are plagued by busy roads that are a constant source of danger, noise, and air pollution. In some cities there is inadequate green space for children to play and socialise safely. Yet, this book argues, it does not have to be this way. With focus on human health, well-being, and flourishing, this book explores the ways in which people’s lives are impacted by the built environment and how we can create, adapt, and design healthy and inclusive places. The volume explores the relationship between urban design and human flourishing and initiates broad discussions around relevant questions such as ‘What is a healthy place?’, ‘What influences our perceptions of built environment more? Is it our age or our cultural background?’. The book includes six chapters from internationally renowned authors who attempt to unpack some of the key aspects that urban designers need to consider in order to create places that enable – rather than constrain – individuals and communities to live rich fulfilling lives. This book will be of great value to students, scholars, and researchers interested in urban design, planning, and in exploring how built environment impacts health and happiness. The chapters in this book were originally published as a special issue of the Journal of Urban Design.
This book addresses current free expression issues and analyzes the historical and legal contexts for the First Amendment. Designed for communication and political science courses in freedom of speech, this text encourages students to think critically about freedom of speech and provides a comprehensive analysis of the historical and legal contexts of the first amendment, from its early foundations through censorship on the Internet. This book explores the worldwide history of freedom of expression and examines classic and contemporary judicial opinions which have determined freedom of speech rights in the U.S. This text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses. KEY FEATURES & BENEFITS: - Focuses on landmark Supreme Court free expression decisions and covers follow-up cases that extend and apply these decisions (via significant excerpts from actual cases) so that students can consider the effect of decisions on freedom of expression and the competing values at stake in these cases. - Covers freedom of expression topics in both speech and mediated situations, with comprehensive coverage of such topics obscenity; fighting words and hate speech; national security; invasion of privacy; defamation.
The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about assuming a leading and sometimes controversial political role in striking down legislation. In clear and easy-to-understand language, the contributors not only chart, but also explore, the reasons for areas of similarity and difference in the constitutional politics of Canada and the United States.
Politics in the Marketplace integrates politics, economics, and gender to ask how the Dames des Halles invented notions of citizenship through everyday trade during the French Revolution. While analyzing how marketplace actors shaped nascent democracy and capitalism, it challenges the interpretation that revolutionary citizenship was inherently masculine from the outset.
Low industrial growth, declining agricultural sector and limited expansion of formal sector employment in India have increasingly forced the poor to take recourse to informal sources of livelihoods. Street vending is one such thriving source of self-employment across cities. This book delves into the sustenance and survival strategies of street vendors across 17 cities in India and assesses the issues revolving around self-created markets, livelihood and politics that are contested in public space. It also presents a conceptual and theoretical understanding of different socio-economic and policy concerns pertaining to street vending in the country. The study shows how despite the absence of legal frameworks and institutional support, these urban self-employed informal workers subsist by arranging ad-hoc alternatives, creating informal institutions and negotiating with formal and informal actors in the market. It also discusses the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, and examines how inclusive the legal recognition is for these workers of informal economy. Drawing on exhaustive research and a wealth of primary data, this book will be useful to scholars and researchers in development studies, labour studies, economics, sociology and those in public policy and urban planning.
This book explores the dilemmas posed by globalisation in various aspects of law. It covers diverse themes, ranging from the impact of different legislative measures, bilateral and regional agreements in the context of trade, investment and mobility of labour, to concerns about sustainability, equity, regional balance and social security in the light of globalisation. Although it focuses mainly on India and the European Union, the issues raised and challenges discussed are of a general nature, and as such relevant in the broader context. The chapters address contemporary problems in trade, investment and labour mobility, which have emerged through the complex interaction of market, state policies and socio-environmental concerns, and are expressed on national and global platforms in the context of evolving legal system. The book is a valuable resource for students, researchers and academics engaged in comparative legal studies, particularly those interested in studying the interplay of globalisation with various areas and aspects of law at national as well as international levels. It also appeals to anyone interested in law and policy studies.
This book explores the implications of banning people from public space for the rule of law, fundamental rights, and democracy.