Did the rights revolution create only empty symbolism, a “myth of rights” that makes big promises but never delivers? Although most studies have found widespread bureaucratic evasion or merely symbolic compliance with new rights, ...
Author: Charles R. Epp
Publisher: University of Chicago Press
It’s a common complaint: the United States is overrun by rules and procedures that shackle professional judgment, have no valid purpose, and serve only to appease courts and lawyers. Charles R. Epp argues, however, that few Americans would want to return to an era without these legalistic policies, which in the 1970s helped bring recalcitrant bureaucracies into line with a growing national commitment to civil rights and individual dignity. Focusing on three disparate policy areas—workplace sexual harassment, playground safety, and police brutality in both the United States and the United Kingdom—Epp explains how activists and professionals used legal liability, lawsuit-generated publicity, and innovative managerial ideas to pursue the implementation of new rights. Together, these strategies resulted in frameworks designed to make institutions accountable through intricate rules, employee training, and managerial oversight. Explaining how these practices became ubiquitous across bureaucratic organizations, Epp casts today’s legalistic state in an entirely new light.
MAKING RIGHTS REAL Ten years after the passing of the Human Rights Act 1998, it is timely to evaluate the Act's effectiveness. The focus of Making Rights Real is on the extent to which the Act has delivered on the promise to 'bring ...
Author: Ian Leigh
Publisher: Bloomsbury Publishing
Ten years after the passing of the Human Rights Act 1998, it is timely to evaluate the Act's effectiveness. The focus of Making Rights Real is on the extent to which the Act has delivered on the promise to 'bring rights home'. To that end the book considers how the judiciary, parliament and the executive have performed in the new roles that the Human Rights Act requires them to play and the courts' application of the Act in different legal spheres. This account cuts through the rhetoric and controversy surrounding the Act, generated by its champions and detractors alike, to reach a measured assessment. The true impact in public law, civil law, criminal law and on anti-terrorism legislation are each considered. Finally, the book discusses whether we are now nearer to a new constitutional settlement and to the promised new 'rights culture'.
We first examine the CRPD drafting process itself as a vehicle for making rights real and as a site for advocacy and action. Thereafter, we explore other avenues for advancing the CRPD and outline the lessons learned from our respective ...
Author: Jody Heymann
Publisher: Cambridge University Press
Details approaches to implementing equal rights for women in Africa, children in the Middle East and different minorities in Asia and North America.
Racism, for example, will not disappear by making racists shut up. The underdog effect may even make them stronger. One should also try to do something about the causes of racism (poverty, education, etc.). Making rights real does not ...
Author: Filip Spagnoli
Publisher: Algora Publishing
The most important characteristics of human rights are enumerated in a clear and concise discussion that analyzes the problem of making human rights real, and not just hypothetical, worldwide. Building on definitions of human rights used by the United Nations and other international bodies, and without being sidetracked by nettlesome discussions of specific troubling cases of rights abuses, the author describes the main characteristics of the system of human rights. He focuses on universality, interdependence, differences between types of rights, absolute or limited rights, the subjects of rights (individuals or groups), and the links between rights and the judicial system and between rights and democracy. He then discusses some of the instruments we can use to promote respect for human rights, the means by which we might make these rights real for a greater portion of humanity. Along the way, he analyzes some of the related controversies regarding sovereignty versus international intervention, globalization, and questions of cultural imperialism as they bear upon human rights. When do we have a right to impose rights eOCo or to defend ourselves from intervention?. This systematic discussion presents a complex and difficult topic in an understandable framework accessible to the general public, and will stand as a useful foundation for readings of more specialized scientific, legal and philosophical works. Where most human rights books for the nonspecialist focus on specific instances of rights abuses, this work provides a more general approach focused on the logic in the system of human rights."
Making Rights Real: Activists, Bureaucrats, and the Creation of the Legalistic State. Chicago: University of Chicago Press. Epstein, Edward. 1998. “S.F. Board Smiles on Local Businesses.” San Francisco Chronicle. December 8, A-21. ——.
Author: Els de Graauw
Publisher: Cornell University Press
More than half of the 41 million foreign-born individuals in the United States today are noncitizens, half have difficulty with English, a quarter are undocumented, and many are poor. As a result, most immigrants have few opportunities to make their voices heard in the political process. Nonprofits in many cities have stepped into this gap to promote the integration of disadvantaged immigrants. They have done so despite notable constraints on their political activities, including limits on their lobbying and partisan electioneering, limited organizational resources, and dependence on government funding. Immigrant rights advocates also operate in a national context focused on immigration enforcement rather than immigrant integration. In Making Immigrant Rights Real, Els de Graauw examines how immigrant-serving nonprofits can make impressive policy gains despite these limitations. Drawing on three case studies of immigrant rights policies—language access, labor rights, and municipal ID cards—in San Francisco, de Graauw develops a tripartite model of advocacy strategies that nonprofits have used to propose, enact, and implement immigrant-friendly policies: administrative advocacy, cross-sectoral and cross-organizational collaborations, and strategic issue framing. The inventive development and deployment of these strategies enabled immigrant-serving nonprofits in San Francisco to secure some remarkable new immigrant rights victories, and de Graauw explores how other cities can learn from their experiences.
By adopting the Critical Theory methodology, an analytical and methodological choice, an opening for an interdisciplinary analysis of the task and challenge for making rights real becomes possible. In this regard, although aware there ...
Author: Terrence E. Paupp
Publisher: Cambridge University Press
Human rights in peace and development are accepted throughout the Global South as established, normative, and beyond debate. Only in the powerful elite sectors of the Global North have these rights been resisted and refuted. The policies and interests of these global forces are antithetical to advancing human rights, ending global poverty, and respecting the sovereign integrity of States and governments throughout the Global South. The link between poverty, war, and environmental degradation has become evident over the last 60 years, further augmenting international consciousness of these issues as interconnected with the rest of the human rights corpus. This book examines the history of this struggle and outlines practical means to implement these rights through a global framework of constitutional protections. Within this emerging framework, it argues that States will be increasingly obligated to formulate policies and programs to achieve peace and development throughout the global society.
Cambridge Law Journal and the editors for extracts from Cambridge Law Journal: Ian Leigh and Laurence Lustgarten: 'Making rights real: The Courts, Remedies and Human Rights Act' 58 (1999) and H W R Wade: 'The Basis ...
Author: Brian Thompson
Publisher: Oxford University Press, USA
Filling a need for a case and materials book on constitutional and administrative law, this textbook reflects the latest thinking particularly in relation to the European Communities.
When someone makes rights claims, she asserts her identity as an individual entitled to equality and liberty, ... decides to give fetuses rights, it has to assign the costs of making those rights real to some individual or collectivity.
Author: Janna C Merrick
Here is a comprehensive overview and analysis of issues concerning the maternal-fetal relationship, from abortion to surrogate motherhood. Unlike many books which cover reproductive issues in general, this book focuses in-depth on one aspect of reproduction--the maternal-fetal relationship--to give readers a detailed study of the many issues involved. The Politics of Pregnancy discusses public policy dimensions of this relationship and posits new, critical political dilemmas. Many chapters in this unique book also provide significant clinical information as well as conceptual analysis. The Politics of Pregnancy offers great diversity in terms of the disciplinary backgrounds of the authors and their ideological perspectives. Authors come from many fields, including sociology, political science, pediatrics, ethics, and psychiatry, and provide diverse, sometimes opposing, analytical positions. Some of the topics they debate include: maternal substance use during pregnancy prenatal technology pregnancy and workplace hazards court-ordered obstetrical intervention fetal experimentation Readers interested in public and health care policy, nursing, feminism, pediatrics, or ethics, will find The Politics of Pregnancy to be a stimulating and thought-provoking book. This volume also makes an excellent discussion tool for graduate courses in these areas.
The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective. Chicago: University of Chicago Press. ——. 2009. Making Rights Real: Activists, Bureaucrats, and the Creation of the Legalistic State.
Author: Jeb E. Barnes
Publisher: Oxford University Press
Judicialization, juridification, legalization-whatever terms they use, scholars, commentators and citizens are fascinated by what one book has called "The Global Rise of Judicial Power" and seek to understand its implications for politics and society. In How Policy Shapes Politics, Jeb Barnes and Thomas F. Burke find that the turn to courts, litigation, and legal rights can have powerful political consequences. Barnes and Burke analyze the field of injury compensation in the United States, in which judicialized policies operate side-by-side with bureaucratized social insurance programs. They conclude that litigation, by dividing social interests into victims and villains, winners and losers, generates a fractious, chaotic politics in which even seeming allies-business and professional groups on one side, injured victims on the other-can become divided amongst themselves. By contrast, social insurance programs that compensate for injury bring social interests together, narrowing the scope of conflict and over time producing a more technocratic politics. Policy does, in fact, create politics. But only by comparing the political trajectories of different types of policies -- some more court-centered, others less so -- can we understand the consequences of arguably one of the most significant developments in post-World War II government, the increasingly prominent role of courts, litigation, and legal rights in politics.
174 R (Ullah) v Special Adjudicator  2 AC 323,  UKHL 26, . 175 Also see Ashworth Hospital Authority v MGN  1 WLR 1081, HL; I. Leigh and L. Lustgarten 'Making Rights Real: The Courts, Remedies, and the Human Rights ...
Author: Paul Roberts
Publisher: Oxford University Press
Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published. With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one. The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.