2017 Publication

Listed below are books written by our Center members, separated by publication year and alphabetically by author name. 

Law and Memory Towards Legal Governance of History, 2017

Authors: Uladzislau Belavusau,  Aleksandra Gliszczyńska-Grabias,

Publisher: Cambridge University Press

Language: English

About: Legal governance of memory has played a central role in establishing hegemony of monumental history, and has forged national identities and integration processes in Europe and beyond. In this book, a range of contributors explore both the nature and role of legal engagement into historical memory in selected national law, European and international law. They also reflect on potential conflicts between legal governance, political pluralism, and fundamental rights, such as freedom of expression. In recent years, there have been numerous monumental commemoration practices and judicial trials about correlated events all over the world, and this is a prime opportunity to undertake an important global comparative scrutiny of memory laws. Against the background of mass re-writing of history in different parts of the world, this book revisits a fascinating subject of memory laws from the standpoint of comparative law and transitional justice.

The Objectivity of Judicial Decisions A Comparative Analysis of Nine Jurisdictions, 2017

Authors: Vito Breda

Publisher: Peter Lang

Language: English

About: This book discusses how judges qualify their activities as objective. The data for this project was retrieved from a large sample of cases using Langacker’s methodology. The sample included over a thousand decisions from Brazil, Hungary, Italy, Lithuania, Slovakia, Slovenia, Spain, Romania and the UK. The decisions considered allegations of judicial bias, unfairness, and injustice. Pre-judices are shared cognitive methods that legal practitioners perceive as necessary. The results of the study directly confirm Pierre Legrand’s claims of pre-judices in legal discourse, and as corollary, Jules L. Coleman and Brian Leiter’s idea of modest objectivity in law

Comparative Discrimination Law: Historical and Theoretical Frameworks, Brill Research Perspectives Series Comparative Discrimination Law, 2017

Authors: Laura Carlson

Publisher: Brill

Language: English

About: Human history is marked by group and individual struggles for emancipation, equality and self-expression. This first volume in the Brill Research Perspectives in Comparative Discrimination Law briefly explores some of the history underlying these efforts in the field of discrimination law. A broad discussion of the historical development of issues of discrimination is first set out, looking at certain international, regional and national bases for modern discrimination legal structures. Several of the theoretical frameworks invoked in a comparative discrimination law analysis are then addressed, either as institutional frameworks or theories addressing specific protection grounds. This first volume is dedicated to setting out an introduction to the field of comparative discrimination law to give the reader a platform from which to undertake further reading and research in the compelling topic of comparative discrimination law.

Looking for Law in All the Wrong Places, 2017

Authors: Marianne Constable, Leti Volpp, Bryan Wagner

Publisher: Fordham University press

Language: English

About: For many, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces where no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints.

In Looking for Law in All the Wrong Places, leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, they show how law is itself interwoven with language, text, image, and culture.

Many contributors examine places where there appears to be no law, fi nding not only refl ections and remains of law but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays look in the more common places— statute books and courtrooms—but from perspectives that are usually presumed to have nothing to say about law.

Looking at law sideways, upside-down, or inside-out de-familiarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain.

Gender Equality in Law: Uncovering the Legacies of Czech State Socialism, 2017

Authors: Barbara Havelková

Publisher: Hart Publishing 

Language: English

About: The book examines legal developments in gender-relevant areas, most importantly in equality and anti-discrimination law. But it goes further, shedding light on the underlying understandings of key concepts such as women, gender, equality, discrimination and rights. In so doing, it shows the fundamental intellectual and conceptual difficulties faced by gender equality law in Czechia. These include an essentialist understanding of differences between men and women, a notion that equality and anti-discrimination law is incompatible with freedom, and a perception that existing laws are objective and neutral, while any new gender-progressive regulation of social relations is an unacceptable interference with the ‘natural social order’. Timely and provocative, this book will be required reading for all scholars of equality and gender and the law.

The Enforcement of EU Law and Values: Ensuring Member States' Compliance, 2017

Authors: András Jakab, Dimitry Kochenov

Publisher: Oxford University Press

Language: English

About: It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States’ Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come.

Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French empty chair policy, the Luxembourg compromise, and the FPO crisis in Austria – and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history.

Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values’ enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.

EU Citizenship and Federalism: The Role of Rights , 2017

Authors: Dimitry Kochenov

Publisher: Cambridge University Press

Language: English

About: Kochenov’s definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the constitutional question of federalism and citizenship, the volume establishes an innovative new framework where these rights become agents and rationales of European integration and legal change, located beyond the context of the internal market and free movement. It maps the role of citizenship in this shifting landscape, outlining key options for a Europe of the future.

Europe’s Justice Deficit? , 2017

Authors: Dimitry Kochenov, Gráinne de Búrca, Andrew Williams

Publisher:  Hart Publishing 

Language: English

About: The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders’ intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe’s future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice. The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect. The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.

Butterfly Politics, 2017

Authors: Catharine A. MacKinnon

Publisher: Harvard University Press

Language: English

About: The minuscule motion of a butterfly’s wings can trigger a tornado half a world away, according to chaos theory. Under the right conditions, small simple actions can produce large complex effects. In this timely and provocative book, Catharine A. MacKinnon argues that the right seemingly minor interventions in the legal realm can have a butterfly effect that generates major social and cultural transformations.

Butterfly Politics brings this incisive understanding of social causality to a wide-ranging exploration of gender relations. The pieces collected here—many published for the first time—provide a new perspective on MacKinnon’s career as a pioneer of legal theory and practice and an activist for women’s rights. Its central concerns of gender inequality, sexual harassment, rape, pornography, and prostitution have defined MacKinnon’s intellectual, legal, and political pursuits for over forty years. Though differing in style and approach, the selections all share the same motivation: to end inequality, including abuse, in women’s lives. Several mark the first time ideas that are now staples of legal and political discourse appeared in public—for example, the analysis of substantive equality. Others urge changes that have yet to be realized.

The butterfly effect can animate political activism and advance equality socially and legally. Seemingly insignificant actions, through collective recursion, can intervene in unstable systems to produce systemic change. A powerful critique of the legal and institutional denial of reality that perpetuates practices of gender inequality, Butterfly Politics provides a model of what principled, effective, socially conscious engagement with law looks like.

Transforming Workplace Relations in New Zealand 1976-2016, 2017

Authors: A. Masselot

Publisher: Victoria University Press

Language: English

About: Transforming Workplace Relations reflects on this revolution and speculates on the future of work relationships in a world challenged by newly evolving forms of work and employment. Contributors include both those who lived through the last 40 years as well as those who, in another 40 years, may again look back over a much changed employment landscape.

The International Law of Human Rights, 2017

Authors: Adam McBeth, Justine Nolan,  Simon Rice

Publisher: Oxford University Press

Language: English

About: The International Law of Human Rights examines the fundamentals of human rights law from the advent of the United Nations Charter through to the challenging contemporary issues facing the human rights regime.

The second edition introduces the intricacies of human rights law and provides up-to-date coverage of human rights issues while exploring emerging areas of human rights law. Expert author commentary illuminates a range of examples while Snapshots throughout the text demonstrate real life decisions, thoroughly covering the scope of human rights law.

This text has been restructured and comprehensively updated throughout to reflect current legislation, cases and international jurisprudence and is the ideal text for students of human rights law.

Elder Law Evolving European Perspectives, 2017

Authors: Ann Numhauser-Henning

Publisher: Edward Elgar 

Language: English

About: Population ageing poses a huge challenge to law and society, carrying important structural and institutional implications. This book portrays elder law as an emerging research discipline in the European setting in terms of both conceptual and theoretical perspectives as well as elements of the law.

Providing a deepened understanding of population ageing in terms of vulnerability, intergenerational conflict and solidarity, expert contributors highlight the necessity for a contextualized ageing concept. As well as offering a comparative analysis of active ageing policies across the EU, this book examines a range of topics including age discrimination in employment and the freedom of movement of EU citizens from the ageing individual’s point of view. It also goes on to describe elder care developments, discussing the ageing individual’s autonomy in relation to both traditional inheritance rights and growing instances of dementia.

Timely and engaging, this book will appeal to academic scholars and students in relevant areas of law as well as those studying across the social sciences. Exploring a broad range of socio-legal issues in relation to demographic ageing, it will also inform legal practitioners and policymakers alike.

Comparative Equality & Anti-Discrimination Law, 2017

Authors: David B Oppenheimer, Sheila R Foster, Sora Y Han, Richard T Ford

Publisher: Comparative Equality Press

Language: English

About: Comparative Equality & Anti-Discrimination Law uses a problem-based approach to examine a global view of equality and anti-discrimination law, comparing U.S., European, and other national, regional and international legal systems, including those of India, China, Brazil and South Africa.

The book covers nine topic modules:
· Theories of Equality
· Sources of Anti-discrimination Law
· Employment Discrimination and Harassment (race, sex, age, disability)
· Marriage Equality (race, same-sex)
· Affirmative Action (race, caste, origin)/Gender Parity
· Hate Speech (race, sex, religion)
· Reproductive Rights
· Secularism and the Rights of Religious Minorities
· Rights of Persons with Disabilities (available only on the comparative equality website).

The Color of Law: A Forgotten History of How our Government Segregated America, 2017

Authors: Richard Rothstein

Publisher: Liveright

Language: English

About: In this groundbreaking history of the modern American metropolis, Richard Rothstein, a leading authority on housing policy, explodes the myth that America’s cities came to be racially divided through de facto segregation―that is, through individual prejudices, income differences, or the actions of private institutions like banks and real estate agencies. Rather, The Color of Law incontrovertibly makes clear that it was de jure segregation―the laws and policy decisions passed by local, state, and federal governments―that actually promoted the discriminatory patterns that continue to this day.

Through extraordinary revelations and extensive research that Ta-Nehisi Coates has lauded as “”brilliant”” (The Atlantic), Rothstein comes to chronicle nothing less than an untold story that begins in the 1920s, showing how this process of de jure segregation began with explicit racial zoning, as millions of African Americans moved in a great historical migration from the south to the north.

As Jane Jacobs established in her classic The Death and Life of Great American Cities, it was the deeply flawed urban planning of the 1950s that created many of the impoverished neighborhoods we know. Now, Rothstein expands our understanding of this history, showing how government policies led to the creation of officially segregated public housing and the demolition of previously integrated neighborhoods. While urban areas rapidly deteriorated, the great American suburbanization of the post–World War II years was spurred on by federal subsidies for builders on the condition that no homes be sold to African Americans. Finally, Rothstein shows how police and prosecutors brutally upheld these standards by supporting violent resistance to black families in white neighborhoods.

The Fair Housing Act of 1968 prohibited future discrimination but did nothing to reverse residential patterns that had become deeply embedded. Yet recent outbursts of violence in cities like Baltimore, Ferguson, and Minneapolis show us precisely how the legacy of these earlier eras contributes to persistent racial unrest. “The American landscape will never look the same to readers of this important book” (Sherrilyn Ifill, president of the NAACP Legal Defense Fund), as Rothstein’s invaluable examination shows that only by relearning this history can we finally pave the way for the nation to remedy its unconstitutional past.

Disability and colonialism: (dis)encounters and anxious intersectionalities, 2017

Authors: Karen Soldatic, Shaun Grech

Publisher: Routledge

Language: English

About: The mapping, control and subjugation of the human body and mind were core features of the colonial conquest. This book draws together a rich collection of diverse, yet rigorous, papers that aim to expose the presence and significance of disability within colonialism, and how disability remains present in the establishment, maintenance and continuation of colonial structures of power. Disability as a site of historical analysis has become critically important to understanding colonial relations of power and the ways in which gender and identity are defined through colonial categorisations of the body. Thus, there is a growing prominence of disability within the historical literature. Yet, there are few international anthologies that traverse a critical level of depth on the subject domain. This book fills a critical gap in the historical literature and is likely to become a core reader for post graduate studies within disability studies, postcolonial studies and more broadly across the humanities. The chapters in this book were originally published as articles in Social Identities: Journal for the Study of Race, Nation and Culture.

Disability and rurality: identity, gender and belonging

Authors: Karen Soldatic, Kelley Johnson

Publisher: Routledge

Language: English

About: This is the first book to explore how far disability challenges dominant understandings of rurality, identity, gender and belonging within the rural literature. The book focuses particularly on the ways disabled people give, and are given, meaning and value in relation to ethical rural considerations of place, physical strength, productivity and social reciprocity.

A range of different perspectives to the issues of living rurally with a disability inform this work. It includes the lived experience of people with disabilities through the use of life history methodologies, rich qualitative accounts and theoretical perspectives. It goes beyond conventional notions of rurality, grounding its analysis in a range of disability spaces and places and including the work of disability sociologists, geographers, cultural theorists and policy analysts. This interdisciplinary focus reveals the contradictory and competing relations of rurality for disabled people and the resultant impacts and effects upon disabled people and their communities materially, discursively and symbolically.

Of interest to all scholars of disability, rural studies, social work and welfare, this book provides a critical intervention into the growing scholarship of rurality that has bypassed the pivotal role of disability in understanding the lived experience of rural landscapes.