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In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
A first-person account of the fight to preserve First Amendment rights in the digital age. Lawyer and writer Mike Godwin has been at the forefront of the struggle to preserve freedom of speech on the Internet. In Cyber Rights he recounts the major cases and issues in which he was involved and offers his views on free speech and other constitutional rights in the digital age. Godwin shows how the law and the Constitution apply, or should apply, in cyberspace and defends the Net against those who would damage it for their own purposes. Godwin details events and phenomena that have shaped our understanding of rights in cyberspace—including early antihacker fears that colored law enforcement activities in the early 1990s, the struggle between the Church of Scientology and its critics on the Net, disputes about protecting copyrighted works on the Net, and what he calls "the great cyberporn panic." That panic, he shows, laid bare the plans of those hoping to use our children in an effort to impose a new censorship regime on what otherwise could be the most liberating communications medium the world has seen. Most important, Godwin shows how anyone—not just lawyers, journalists, policy makers, and the rich and well connected—can use the Net to hold media and political institutions accountable and to ensure that the truth is known.
The era of technology in which we reside has ushered in a more globalized and connected world. While many benefits are gained from this connectivity, possible disadvantages to issues of human rights are developed as well. Defending Human Rights and Democracy in the Era of Globalization is a pivotal resource for the latest research on the effects of a globalized society regarding issues relating to social ethics and civil rights. Highlighting relevant concepts on political autonomy, migration, and asylum, this book is ideally designed for academicians, professionals, practitioners, and upper-level students interested in the ongoing concerns of human rights.
He puts the issue of animal rights in historical context, drawing parallels between animal rights activism and other social movements, including the anti-slavery movement in the nineteenth century and the gay-lesbian struggle today. He also outlines the challenges to animal rights posed by deep ecology and ecofeminism to using animals for human purposes and addresses the ethical dilemma of the animal rights advocate whose employer uses animals for research."--BOOK JACKET.
Named a Notable Book by The New York Times Book Review in 1995, Defending Pornography examines a key question that has divided feminists for decades: is censoring pornography good or bad for women? Nadine Strossen makes a powerful case that increasing government power to censor sexual expression, beyond the limits that the First Amendment sensibly permits (for example, outlawing child pornography) would do more harm than good for women and others who have traditionally been marginalized due to sex or gender, She explains how the very anti-porn laws pushed by some feminists have led to the censorship of LGBTQ+ and feminist works, and she examines the startling connections between anti-porn feminists and right-wing fundamentalists. In an illuminating new Preface, Strossen lays out the multiple current assaults on sexual expression, which continue to come from across the ideological spectrum. She shows that freedom for such expression remains an essential prerequisite for the equality, safety, and dignity of women and sexual/gender minorities.
"This book is a guide for every young person who believes in a better world for all"—Malala Yousafzai Adults are aware of their universal human rights of freedom and equality, but children often are ignorant of the rights they possess before reaching the age of majority. Enter Know Your Rights and Claim Them, written in partnership with Amnesty International, Angelina Jolie, and Geraldine Van Bueren. Know Your Rights and Claim Them details the rights promised in the United Nations Convention on the Rights of the Child, starting with the history of child rights, and providing a clear description of the types of child rights, the young activists from around the world who fought to defend them, and how readers can stand up for their own rights. "This is the perfect book for young people who care about the world and want to make a difference"—Greta Thunberg
Provides a framework for understanding censorship and the protections guaranteed to us through the first amendment. Interpretations of the uniquely American notion of freedom of expression -- and our freedom to read what we choose -- are supplemented by straightforward, easily accessible information that will inspire further exploration.
Recoge: Murder among nations -- How to talk about self-defense -- A theory of legitimate defense -- The six elements of legitimate defense -- Excusing international aggression -- Humanitarian intervention -- Preemptive and preventitive wars -- The collective dimension of war.
This book assesses the construction, operation and effects of the international protection regime for human rights defenders, which has evolved significantly over the last twenty years in response to the risks people face as they promote and protect human rights. Drawing upon the experiences of human rights defenders who continue to persevere in their activism in Indonesia, Egypt, Kenya, Mexico and Colombia, this edited collection examines the ways in which formal protection mechanisms by state and civil society actors intersect with self-protection measures and informal protection initiatives by families and friends. It highlights that protection practices are most effective when they are designed to address the specific risks that human rights defenders face (which are gendered and intersectional); reflect how defenders understand ‘risk’, ‘security’ and ‘protection’; and are appropriate for the dynamic sociopolitical and legal contexts in which defenders operate. This book proposes ways in which the protection of human rights defenders at risk should be reimagined and practised. This book will be a thought-provoking guide for students and scholars of politics, international relations, law and human rights, as well as to practitioners engaged in the protection of human rights defenders at risk.
In ongoing efforts to understand the "exceptionalism" of the American labor movement, historians have proposed that American unions never fully embraced the independent and social democratic politics of their European counterparts because a hostile legal system in the United States fostered a deep distrust of state intervention among early labor leaders. Thomas Ralph Clark adds new perspective to the revisionist reexamination of the characterization of the early labor movement as apolitical and antistatist. Focusing on law and labor activity at the state level rather than the national level and using California as his case study, Clark shows how legal hostility pushed labor to enter local politics with great urgency and forced labor to appeal to the state and support state intervention.