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None of Your Damn Business: Privacy in the United States from the Gilded Age to the Digital Age
Par Lawrence Cappello. 2019
You can hardly pass through customs at an airport today without having your picture taken and your fingertips scanned, that…
information then stored in an archive you’ll never see. Nor can you use your home’s smart technology without wondering what, exactly, that technology might do with all you’ve shared with it: shopping habits, security decisions, media choices. Every day, Americans surrender their private information to entities that claim to have their best interests in mind, in exchange for a promise of safety or convenience. This trade-off has long been taken for granted, but the extent of its nefariousness has recently become much clearer. As Lawrence Cappello’s None of Your Damn Business reveals, the problem is not so much that data will be used in ways we don’t want, but rather how willing we have been to have our information used, abused, and sold right back to us. In this startling book, Cappello shows that this state of affairs was not the inevitable by-product of technological progress. He targets key moments from the past 130 years of US history when privacy was central to battles over journalistic freedom, national security, surveillance, big data, and reproductive rights. As he makes dismayingly clear, Americans have had numerous opportunities to protect the public good while simultaneously safeguarding our information, and we’ve squandered them every time. The wide range of the debates and incidents presented here shows that, despite America’s endless rhetoric of individual freedom, we actually have some of the weakest privacy protections in the developed world. None of Your Damn Business is a rich and provocative survey of an alarming topic that grows only more relevant with each fresh outrage of trust betrayed.Entry Denied: Controlling Sexuality at the Border
Par Eithne Luibheid. 2002
Lesbians, prostitutes, women likely to have sex across racial lines, "brought to the United States for immoral purposes, " or…
"arriving in a state of pregnancy" -- national threats, one and all. Since the late nineteenth century, immigrant women's sexuality has been viewed as a threat to national security, to be contained through strict border-monitoring practices. By scrutinizing this policy, its origins, and its application, Eithne Luibheid shows how the U.S. border became a site not just for controlling female sexuality but also for contesting, constructing, and renegotiating sexual identity.Initially targeting Chinese women, immigration control based on sexuality rapidly expanded to encompass every woman who sought entry to the United States. The particular cases Luibheid examines -- efforts to differentiate Chinese prostitutes from wives, the 1920s exclusion of Japanese wives to reduce the Japanese-American birthrate, the deportation of a Mexican woman on charges of lesbianism, the role of rape in mediating women's border crossings today -- challenges conventional accounts that attribute exclusion solely to prejudice or lack of information. This innovative work clearly links sexuality-based immigration exclusion to a dominant nationalism premised on sexual, gender, racial, and class hierarchies.Policing and CBRN Hazards: Advancing CBRN Competence in Police Education (Innovations in Policing)
Par Patrick Wengler. 2023
This book makes an important contribution to police scholarship by focusing on the critical need for law enforcement personnel to…
receive education on chemical/biological/radiological/nuclear (CBRN) hazards. Under the CBRN umbrella are chemical warfare agents, toxic industrial chemicals, biologically derived toxins, radiological particulate hazards, and other agents, any of which have the potential to inflict bodily harm, incapacitation, or death. Such weapons have been a part of human history for centuries, starting with biological warfare, later shifting over to chemical warfare, and in the last century, radiological and nuclear warfare. The greater availability and accessibility of such materials necessitates that first response and investigation is no longer limited to the military but is required of police forces reacting to incidents in the community, whether acts of terrorism, traffic accidents, or standard industrial incidents. In this book it is argued that basic knowledge of CBRN is essential for police officers at all levels to assess and protect crime scenes, as well as to investigate cases involving CBRN materials. The author uses case studies and technical education to instruct police on how and when CBRN agents can be used maliciously, and the best methods for identifying, analysing, monitoring, and investigating related incidents. The text makes a clear case for integrating CBRN studies into police education so that first responders are enabled to assess incidents and share information with emergency management and other services to determine the most effective equipment and personnel to deploy. This book is essential for police educators and trainers in both universities and police academies, those administering or engaged in in-service police training, and scholars studying policing, criminal justice, and terrorism.Constitutional Law and Politics of Secession (Comparative Constitutional Change)
Par Antoni Abat i Ninet. 2023
This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects…
of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.Proceedings of the 5th Legal International Conference and Studies (Advances in Social Science, Education and Humanities Research #754)
Par Faruk Kerem Giray, Henning Glaser, Sri Endah Wahyuningsih. 2023
This is an open access book. In the era of globalization and economic liberalization, the free trade applies and begins…
to be implemented, such as the Asian Economic Community (AEC), the inflow and outflow of food, beverage, drug and cosmetic products circulating in the world community is increasing rapidly. Indeed, the halal products circulated and traded cannot be confirmed so that they do not give a sense of peace, security, comfort, and are suitable for consumption by Muslim consumers.The circulation of various products on the market, both in the form of finished products and raw materials, especially those sourced from animals, either directly or derived from animals, has made it difficult for the Muslim community to trace the halalness of a product. People are also weak in understanding the ingredients and the production process of a food product. Thus, efforts to provide consumer protection, especially Muslim consumers, are very important and urgent. Therefore, it is the duty of the state to protect its citizens, according to the mandate of the constitution above. With this condition, the need for halal certification is getting stronger considering that Muslim consumers are increasingly critical and need certainty of the halalness of the food products they consume, both in terms of materials and production processes to packaging and distribution.For this reason, halal certification of food, beverage, drug and cosmetic products is very important. Halal certification is a necessity to provide certainty about the halalness of a product so that the rights and interests of Muslim consumers to carry out their religious sharia not to consume non-halal products will be guaranteed. This regulation on the protection of Muslim consumer rights has also been mandated in Law Number 18 of 2012 concerning Food. Furthermore, food safety, quality, nutrition and halal are the rights of Muslim consumers which are protected by law and become a government program in food development to meet the most important basic human needs and their fulfillment is part of the human rights of every Indonesian people.Accommodating Diversity in Multilevel Constitutional Orders: Legal Mechanisms of Divergence and Convergence (Comparative Constitutional Change)
Par Maja Sahadžic, Marjan Kos, Jaka Kukavica, Jakob Gašperin Wischhoff, Julian Scholtes. 2023
This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between…
contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions. The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy. This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.Democracy in Captivity: Prisoners, Patients, and the Limits of Self-Government
Par Christopher D. Berk. 2023
Who ought to govern those held in custody, and by what right? Democracy in Captivity examines various efforts to answer…
these questions, centering on two case studies at custodial institutions: the rise and demise of patient self-governance at St. Elizabeths Hospital in Washington, DC, between 1947 and 1965 and the prisoner-organized governance of Massachusetts's Walpole State Prison following a 1973 prison-guard strike. As Christopher D. Berk shows, the promise of these initiatives was tempered by the custodians' backlash to their wards' attempts at self-rule. This backlash arrived not only in the blunt forms of restraint chairs, riot gear, and a surgeon's scalpel but also as more covert measures taken under the cover of so-called democratic management—which in turn entrenched disenfranchisement and naturalized authoritarian rule. Turning from these case studies to a wider consideration of custody and democracy, Berk explores pathologies that have captured the politics of punishment, with pressing implications for the practice of democracy both inside and outside custodial institutions.Conflict Refugees: European Union Law and Practice (Cambridge Asylum and Migration Studies)
Par Christel Querton. 2023
Based on a systematic and empirical comparative study of six European Union countries, Christel Querton explores judicial decision-making in the…
context of persons fleeing armed conflicts in the EU. Addressing and redressing misconceptions about the relevance of the Refugee Convention, this book demonstrates how appellate authorities across the EU approach situations of armed conflict predominantly through outdated understandings of warfare and territoriality. Thus, they apply a higher standard of proof than is warranted by international refugee law. Adopting a gender perspective, Querton also shows how appellate authorities fail to acknowledge the gender-differentiated impact of armed conflicts. Drawing from gender and security studies, this book proposes an original conceptual framework which, supported by existing international legal standards, reframes the definition of 'refugee' and better reflects the reality of violence in modern-day conflicts. In doing so, it re-asserts the Refugee Convention as the cornerstone of international protection.Swiss Contract Law in International Commercial Arbitration: A Commentary
Par Christoph Müller. 2023
This book provides a systematic presentation of the most important commercial contracts under Swiss law, i.e., the contract of sale,…
the contract for work and services, the simple mandate contract, and the commercial agency contract, as well as the licence agreement, the exclusive distribution agreement, and the settlement agreement. The book also contains an in-depth introduction of the Swiss law of obligations, covering topics such as the fundamental principles of contract law, the obligation (as the effect of the contract), the formation of contracts, contract interpretation, validity of contracts, agency, general terms and conditions, and breach of contract. After English law, Swiss law is deemed to be the most attractive law applicable to the parties' contract in an international context. At the same time, English is usually chosen as the language of the arbitration proceedings. This book will therefore be an indispensable resource for all English-speaking lawyers interested in international commercial arbitration.Disability, Sexuality, and Gender in Asia: Intersectionality, Human Rights, and the Law
Par Wanhong Zhang, Elisabeth Perioli Bjørnstøl, Peng Ding, Wei Gao, Hanxu Liu and Yijun Liu. 2024
This book introduces experiential knowledge of the intersectionality of disability, sexuality, and gender equality issues. Scholars and disabled persons’ organizations…
in different Asian countries such as China, Vietnam, Myanmar, Nepal, and Japan have contributed to the book. It is a preliminary introduction of the frontline practice of Asian disability activism and the experience of women and LGBTIQ people with disabilities. It presents the direct participation of disability advocates in mapping how both women with disabilities and LGBTIQ individuals with disabilities realize their rights such as identity, work rights, personal safety, and sexual rights. Studies presented here explore the experience of empowering diverse disability groups and advocating for equality and non-discrimination. It explains how to use the leverage of the Convention on the Rights of Persons with Disabilities (CRPD) for further human rights campaigns in a broader context for disadvantaged groups. This collection is the product of a participatory research project, which aims to increase the capabilities of local disabled persons’ organizations and NGOs in utilizing human rights laws and encourage dialogue and collaboration between academia, people with disabilities, and human rights advocates. It will be essential reading for academics, researchers, policy-makers, and campaign groups.The Evolution of Transnational Rule-Makers through Crises
Par Panagiotis Delimatsis, Stephanie Bijlmakers, M. Konrad Borowicz. 2023
In recent years transnational private regulators have emerged and multiplied. In this book, experts from various academic disciplines offer empirically…
grounded case studies and theoretical insights into the evolution and resilience of these bodies through crises. Transnational private regulators display considerable flexibility if compared to public institutions both in exercising their rule-making functions and adapting and transforming in light of endogenous or exogenous crises events calling for change. The contributors identify such events and reflect on their impact on transnational private rule-makers. This edited volume covers important areas of global production and finance that are associated with private rule-making and delves into procedural, substantive and practical elements of private rule-making processes. At a policy level, the book provides comparisons among practices of private bodies in various areas, allowing for important lessons to be drawn for all public and private stakeholders active in, or affected by, private and public rule-making. This title is Open Access.CITES as a Tool for Sustainable Development (Treaty Implementation for Sustainable Development)
Par Segger, Marie-Claire Cordonier, David Andrew Wardell, Alexandra Harrington. 2023
Saving endangered species presents a critical and increasingly pressing challenge for conservation and sustainability movements, and is also matter of…
survival and livelihoods for the world's poorest and vulnerable communities. In 1973, a global Convention on International Trade in Endangered Species (CITES) was adopted to stem the extinction of many species. In 2015, as part of the Sustainable Development Goals (SDG 15) the United Nations called for urgent action to protect endangered species and their natural habitats. This volume focuses on the legal implementation of CITES to achieve the global SDGs. Activating interdisciplinary analysis and case studies across jurisdictions, the contributors analyse the potential for CITES to promote more sustainable development, proposing international and national regulatory innovations for implementing CITES. They consider recent innovations and key intervention points along flora and fauna value chains, advancing coherent recommendations to strengthen CITES implementation, including through the regulation of trade in endangered species globally and locally.This book critically engages the emerging field of global animal law from the perspective of an intersectional ethical framework. Reconceptualising…
global animal law, this book argues that global animal law overrepresents views from the west as it does not sufficiently engage views from the Global South, as well as from Indigenous and other marginalised communities. Tracing this imbalance to the early development of animal law’s reaction to issues of international trade, the book elicits the anthropocentrism and colonialism that underpin this bias. In response, the book outlines a new, intersectional, second wave of animal ethics. Incorporating marginalised viewpoints, it elevates the field beyond the dominant concern with animal welfare and rights. And, drawing on aspects of decolonial thought, earth jurisprudence, intersectionality theory and posthumanism, it offers a fundamental rethinking of the very basis of global animal law. The book's critical, yet practical, new approach to global animal law will appeal to animal law and environmental law experts, legal theorists, and those working in the areas of animal studies and ecology.Integration in Kommunen: Bedeutung, aktuelle Entwicklungen und Perspektiven aus Theorie und Praxis (Kommunale Politik und Verwaltung)
Par Frank Bätge, Klaus Effing, Katrin Möltgen-Sicking, Thorben Winter. 2023
Dieses Buch greift ein Thema auf, das sowohl für die kommunale Praxis als auch für die Forschung von aktueller Relevanz…
ist: die Integration in Kommunen. Neben Themen von allgemeiner Bedeutung wird auch die organisatorische Perspektive der Integration in Kommunen behandelt. Die Teilhabe und Partizipation bildet einen weiteren Themenschwerpunkt des Bandes. Nicht zuletzt wird die Integration in der kommunalen Praxis unter verschiedenen Blickwinkeln beleuchtet und diskutiert.Die Regulierung des Internets, häufig auch als Internet Governance bezeichnet, erfolgt gegenwärtig durch eine Vielzahl sowohl privater als auch staatlicher…
Akteure. Zugleich ist es eine der drängendsten Herausforderungen mit Blick auf die Zukunft des Internets, den ständigen Prozess des Wandels und der Fortentwicklung dieses Mediums regulatorisch zu begleiten und einzuhegen. Dies wirft die Frage auf, welchen Regelungen und Vorschriften Regulierungsmaßnahmen unterliegen, die auf das Internet abzielen. Da aufgrund der entgrenzten Natur des Internets einer Regulierungsmaßnahme praktisch stets eine grenzüberschreitende und damit internationale Dimension zukommt, lässt sich dies jedoch nicht allein anhand nationaler Rechtsvorschriften beantworten. Stattdessen ist hierfür ein Rückgriff auf das Völkerrecht angezeigt. Der Band soll einen Beitrag dazu leisten, die Bedeutung des Völkerrechts für die globale Internet Governance zu ermitteln.Proportionality in International Humanitarian Law: Refocusing the Balance in Practice
Par Jeroen van den Boogaard. 2023
This book seeks to clarify the legal concept of proportionality in international humanitarian law, as it applies during armed conflict.…
It is argued in the book that a refocus of the interpretation of the proportionality rule is warranted to enhance the protection of civilians. More precisely, this book seeks to dissect the origins of the rule, determine how its components must be interpreted and how it is to be applied in practice. The book considers practical situations that may arise in the conduct of military operations and searches for the limits international humanitarian law sets to commanders' assessments of proportionality during armed conflict. The book concludes that proportionality is an inherently subjective and imprecise yardstick that nonetheless serves to protect civilians during armed conflict.This book analyses the systematic and procedural issues that are faced by women in the Parliament and brings to light…
the systematic ignorance of certain issues supported by data on the Parliamentary Debates, Question Hours and functioning of Parliamentary Committees. Combining these technical issues with substantive legal arguments in favour of gender mainstreaming, this book acts as a tool of strategic advantage for policymakers, legislators, advocates and researchers. This work unearths not only the problem areas of the research theme, but also dedicates a solution which relies on effective monitoring techniques used globally, specifically to achieve the SDGs in the field of Nutrition, Family Planning and Sexual and Reproductive Health.Künstliche Intelligenz in öffentlichen Verwaltungen: Grundlagen, Chancen, Herausforderungen und Einsatzszenarien (Edition eGov-Campus)
Par Moreen Heine, Anna-Katharina Dhungel, Tim Schrills, Daniel Wessel. 2023
Dieses Buch – eine Open-Access-Publikation mit freiem Online-Zugang – bietet eine verständliche und kompakte Einführung in die Nutzung von KI-Systemen…
in öffentlichen Verwaltungen. Es beantwortet folgende Fragen: Was bedeutet Künstliche Intelligenz? Wie und in welchen Einsatzgebieten können KI-Systeme im öffentlichen Sektor genutzt werden. Welche Erwartungen und Ziele werden mit dem KI-Einsatz verbunden? Welche Probleme werden adressiert? Auch Aspekte der Governance, also Steuerungsfragen, spielen eine Rolle. Ein besonderer Schwerpunkt liegt auf der Betrachtung der Beziehung und Interaktionen zwischen Mensch und KI-System. Dabei wird auch die Erklärbarkeit der Funktionsweise eines KI-Systems erläutert. Die Inhalte sollen Personen in die Lage versetzen, den Einsatz von KI in der öffentlichen Verwaltung differenziert beurteilen zu können.Kenntnisse im Bereich der Informatik werden nicht vorausgesetzt. Nach dem Lesen dieses Buches sind Sie in der Lage,KI-Anwendungsfälle und Potenziale im öffentlichen Sektor zu identifizieren,KI-Methoden im Überblick zu verstehen,Grenzen und Herausforderungen bei der Anwendung im öffentlichen Sektor zu diskutieren undAnforderungen an KI-Anwendungen im öffentlichen Sektor zu erarbeiten.Im Sinne von Offenheit ist dieses Werk eine Open-Access-Publikation mit freiem Online-Zugang.Inklusive kostenlosem Online-Wissens-Quiz mit der Springer Nature Flashcards-App: Der Fragensatz mit 78 Fragen und Antworten in den SN Flashcards beinhaltet Wiederholungs- und Vertiefungsfragen zum Lehrbuch „KI in öffentlichen Verwaltungen“. Die Fragen und Antworten vermitteln spielerisch wichtige Begriffe, Hintergründe und Wissenswertes zum Thema.Faking Liberties: Religious Freedom in American-Occupied Japan (Class 200: New Studies in Religion)
Par Jolyon Baraka Thomas. 2019
Religious freedom is a founding tenet of the United States, and it has frequently been used to justify policies towards…
other nations. Such was the case in 1945 when Americans occupied Japan following World War II. Though the Japanese constitution had guaranteed freedom of religion since 1889, the United States declared that protection faulty, and when the occupation ended in 1952, they claimed to have successfully replaced it with “real” religious freedom. Through a fresh analysis of pre-war Japanese law, Jolyon Baraka Thomas demonstrates that the occupiers’ triumphant narrative obscured salient Japanese political debates about religious freedom. Indeed, Thomas reveals that American occupiers also vehemently disagreed about the topic. By reconstructing these vibrant debates, Faking Liberties unsettles any notion of American authorship and imposition of religious freedom. Instead, Thomas shows that, during the Occupation, a dialogue about freedom of religion ensued that constructed a new global set of political norms that continue to form policies today.The central question of the Arab Spring-what democracies should look like in the deeply religious countries of the Middle East-has…
developed into a vigorous debate over these nations' secular identities. But what, exactly, is secularism? What has the West's long familiarity with it inevitably obscured? In Questioning Secularism, Hussein Ali Agrama tackles these questions. Focusing on the fatwa councils and family law courts of Egypt just prior to the revolution, he delves deeply into the meaning of secularism itself and the ambiguities that lie at its heart. Drawing on a precedent-setting case arising from the family law courts -the last courts in Egypt to use Shari'a law-Agrama shows that secularism is a historical phenomenon that works through a series of paradoxes that it creates. Digging beneath the perceived differences between the West and Middle East, he highlights secularism's dependence on the law and the problems that arise from it: the necessary involvement of state sovereign power in managing the private spiritual lives of citizens and the irreducible set of legal ambiguities such a relationship creates. Navigating a complex landscape between private and public domains, Questioning Secularism lays important groundwork for understanding the real meaning of secularism as it affects the real freedoms of a citizenry, an understanding of the utmost importance for so many countries that are now urgently facing new political possibilities.