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Author: Charmaine White Face
Publisher:
ISBN: 9780972188685
Category : Indigenous peoples
Languages : en
Pages : 144
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Book Description
"Comparing three different versions of the UN Declaration on the Rights of Indigenous Peoples (DRIP), Indigenous Nations' Rights in the Balance analyses the implications of the changes made to DRIP for Indigenous Peoples and Nations. This is a foundational text for Indigenous law and rights and the global struggle of Indigenous Peoples in the face of modern states. Between 1994 and 2007, three different versions of the Declaration on the Rights of Indigenous Peoples were passed by various bodies of the United Nations, culminating in the final version passed by the UN General Assembly. Significant differences exist between these versions--differences that deeply affect the position of all Indigenous Peoples in the world community. In Indigenous Nations' Rights in the Balance, Charmaine White Face gives her well-researched comparative analysis of these versions. She puts side-by-side, for our consideration, passages that change the intent of the Declaration by privileging the power and jurisdiction of nation states over the rights of Indigenous Peoples. As Spokesperson representing the Sioux Nation Treaty Council in UN proceedings, she also gives her insights about each set of changes and their ultimate effect."--Publisher's description.
Author: Charmaine White Face
Publisher:
ISBN: 9780972188685
Category : Indigenous peoples
Languages : en
Pages : 144
Get Book Here
Book Description
"Comparing three different versions of the UN Declaration on the Rights of Indigenous Peoples (DRIP), Indigenous Nations' Rights in the Balance analyses the implications of the changes made to DRIP for Indigenous Peoples and Nations. This is a foundational text for Indigenous law and rights and the global struggle of Indigenous Peoples in the face of modern states. Between 1994 and 2007, three different versions of the Declaration on the Rights of Indigenous Peoples were passed by various bodies of the United Nations, culminating in the final version passed by the UN General Assembly. Significant differences exist between these versions--differences that deeply affect the position of all Indigenous Peoples in the world community. In Indigenous Nations' Rights in the Balance, Charmaine White Face gives her well-researched comparative analysis of these versions. She puts side-by-side, for our consideration, passages that change the intent of the Declaration by privileging the power and jurisdiction of nation states over the rights of Indigenous Peoples. As Spokesperson representing the Sioux Nation Treaty Council in UN proceedings, she also gives her insights about each set of changes and their ultimate effect."--Publisher's description.
Author: Mark R. Scherer
Publisher: Plains Histories
ISBN:
Category : History
Languages : en
Pages : 272
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Book Description
"A multiple murder case in Nebraska in October 1975 attracted massive media attention, spawning a collision between the rights of free press and fair trial. Scherer details the criminal prosecution and the ensuing legal battles that led to a landmark constitutional ruling regarding these rights by the U.S. Supreme Court"--Provided by publisher.
Author: Alon Harel
Publisher: Oxford University Press (UK)
ISBN: 019964327X
Category : Law
Languages : en
Pages : 253
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Book Description
Why Law Matters argues that public institutions and legal procedures are valuable and matter as such, irrespective of their instrumental value. Examining the value of rights, public institutions, and constitutional review, the book criticises instrumentalist approaches in political theory, claiming they fail to account for their enduring appeal.
Author: Jonas Christoffersen
Publisher: BRILL
ISBN: 9004180818
Category : Law
Languages : en
Pages : 686
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Book Description
In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Court’s fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of “primarity” in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.
Author: Justin Gomer
Publisher: UNC Press Books
ISBN: 1469655810
Category : Social Science
Languages : en
Pages : 269
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Book Description
The racial ideology of colorblindness has a long history. In 1963, Martin Luther King famously stated, "I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character." However, in the decades after the civil rights movement, the ideology of colorblindness co-opted the language of the civil rights era in order to reinvent white supremacy, fuel the rise of neoliberalism, and dismantle the civil rights movement's legal victories without offending political decorum. Yet, the spread of colorblindness could not merely happen through political speeches, newspapers, or books. The key, Justin Gomer contends, was film--as race-conscious language was expelled from public discourse, Hollywood provided the visual medium necessary to dramatize an anti–civil rights agenda over the course of the 70s, 80s, and 90s. In blockbusters like Dirty Harry, Rocky, and Dangerous Minds, filmmakers capitalized upon the volatile racial, social, and economic struggles in the decades after the civil rights movement, shoring up a powerful, bipartisan ideology that would be wielded against race-conscious policy, the memory of black freedom struggles, and core aspects of the liberal state itself.
Author: Tricia D. Olsen
Publisher: United States Institute of Peace Press
ISBN: 9781601270535
Category : Philosophy
Languages : en
Pages : 0
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Book Description
In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309068258
Category : Computers
Languages : en
Pages : 186
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Book Description
New legal approaches, such as the European Union's 1996 Directive on the Legal Protection of Databases, and other legal initiatives now being considered in the United States at the federal and state level, are threatening to compromise public access to scientific and technical data available through computerized databases. Lawmakers are struggling to strike an appropriate balance between the rights of database rights holders, who are concerned about possible commercial misappropriation of their products, and public-interest users of the data such as researchers, educators, and libraries. A Question of Balance examines this balancing act. The committee concludes that because database rights holders already enjoy significant legal, technical, and market-based protections, the need for statutory protection has not been sufficiently substantiated. Nevertheless, although the committee opposes the creation of any strong new protective measures, it recognizes that some additional limits against wholesale misappropriation of databases may be necessary. In particular, a new, properly scoped and focused U.S. statute might provide a reasonable alternative to the European Union's highly protectionistic database directive. Such legislation could then serve as a legal model for an international treaty in this area. The book recommends a number of guiding principles for such possible legislation, as well as related policy actions for the administration.
Author: David J. Bodenhamer
Publisher: Oxford University Press, USA
ISBN: 0195325672
Category : Language Arts & Disciplines
Languages : en
Pages : 258
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Book Description
"This boxed set contains classroom resources to help America's educators teach about the most important documents in U.S. history"--Box
Author: John Laws
Publisher: Bloomsbury Publishing
ISBN: 1509935460
Category : Law
Languages : en
Pages : 169
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Book Description
In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today. The debate continues whether or not judges venture too far into issues of Government policy, and whether or not there are any limits on the power of the executive and the legislature to propose and enact legislation that unduly restricts fundamental freedoms in a democratic society subject to the rule of law. Sir John Laws examines the relationship between constitutional fundamentals and values. He finds basic ideals of reason, fairness and the presumption of liberty in the common law, and recognises that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals. The courts then interpret the laws. As Sir John puts it – “The meeting of Parliament and the common law, in the crucible of statutory interpretation, is close to the core of [the constitutional balance]”. These fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary. A 'constitutional balance' between them must be found if the constitution is to function properly, each institution is to understand the proper extent and limits of its authority, and the rule of law is to be maintained. Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved.
Author: Philip G. Schrag
Publisher: NYU Press
ISBN: 1479865982
Category : Law
Languages : en
Pages : 288
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Book Description
Although Americans generally think that the U.S. Department of Homeland Security is focused only on preventing terrorism, one office within that agency has a humanitarian mission. Its Asylum Office adjudicates applications from people fleeing persecution in their homelands. Lives in the Balance is a careful empirical analysis of how Homeland Security decided these asylum cases over a recent fourteen-year period. Day in and day out, asylum officers make decisions with life-or-death consequences: determining which applicants are telling the truth and are at risk of persecution in their home countries, and which are ineligible for refugee status in America. In Lives in the Balance, the authors analyze a database of 383,000 cases provided to them by the government in order to better understand the effect on grant rates of a host of factors unrelated to the merits of asylum claims, including the one-year filing deadline, whether applicants entered the United States with a visa, whether applicants had dependents, whether they were represented, how many asylum cases their adjudicator had previously decided, and whether or not their adjudicator was a lawyer. The authors also examine the degree to which decisions were consistent among the eight regional asylum offices and within each of those offices. The authors’ recommendations, including repeal of the one-year deadline, would improve the adjudication process by reducing the impact of non-merits factors on asylum decisions. If adopted by the government, these proposals would improve the accuracy of outcomes for those whose lives hang in the balance.
