Reconstructing Human Rights

Reconstructing Human Rights
Author: Joe Hoover
Publisher: Oxford University Press
Total Pages: 259
Release: 2016
Genre: Philosophy
ISBN: 0198782802

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We live in a human-rights world. The language of human-rights claims and numerous human-rights institutions shape almost all aspects of our political lives, yet we struggle to know how to judge this development. Scholars give us good reason to be both supportive and sceptical of the universal claims that human rights enable, alternatively suggesting that they are pillars of cross-cultural understanding of justice or the ideological justification of a violent and exclusionary global order. All too often, however, our evaluations of our human-rights world are not based on sustained consideration of their complex, ambiguous and often contradictory consequences. Reconstructing Human Rights argues that human rights are only as good as the ends they help us realise. We must attend to what ethical principles actually do in the world to know their value. So, for human rights we need to consider how the identity of humanity and the concept of rights shape our thinking, structure our political activity and contribute to social change. Reconstructing Human Rights defends human rights as a tool that should enable us to challenge political authority and established constellations of political membership by making new claims possible. Human rights mobilise the identity of humanity to make demands upon the terms of legitimate authority and challenges established political memberships. In this work, it is argued that this tool should be guided by a democratising ethos in pursuit of that enables claims for more democratic forms of politics and more inclusive political communities. While this work directly engages with debates about human rights in philosophy and political theory, in connecting our evaluations of the value of human rights to their worldly consequences, it will also be of interest to scholars considering human rights across disciplines, including Law, Sociology, and Anthropology.

Copyright Reconstructed: Rethinking Copyright’s Economic Rights in a Time of Highly Dynamic Technological and Economic Change

Copyright Reconstructed: Rethinking Copyright’s Economic Rights in a Time of Highly Dynamic Technological and Economic Change
Author: P. Bernt Hugenholtz
Publisher: Kluwer Law International B.V.
Total Pages: 370
Release: 2018-04-11
Genre: Law
ISBN: 9041191038

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About this book: Copyright Reconstructed is the result of a collaborative research project, ‘Reconstructing Rights’ funded by Microsoft Europe, that normatively examined the core economic rights protected under EU copyright law, with the aim of realigning these rights with economic and technological realities. It follows an interdisciplinary approach, combining economic and legal methods. The book presents various concurring future models of ‘reconstructed’ copyright law. The historical evolution of copyright has led to a growing disconnect between the legal definitions of economic rights and the business and technological realities they regulate, eroding copyright’s normative content and distorting the scope of its economic rights. What’s in this book: This book is structured as follows. Following a historical chapter that illustrates how a structure of media-specific economic rights has developed in international copyright law as copyright’s catalogue of rights, a number of alternative models for reconstructing rights are presented in the form of chapters by Europe’s most respected copyright scholars and economists focusing on potentially copyright-relevant acts that lie at the borders of exclusive rights: digital resale;private copying;hyperlinking and embedding;cable retransmission; andtext and data mining. How this will help you: Offering the most incisive current thinking on copyright’s economic rights in an increasingly networked world where acts of usage of works occur on a global or regional scale rather than on a purely national territorial basis, this book will be of immeasurable value not only to academics but also to practitioners and professionals in intellectual property law. This book guides copyright lawyers and scholars in the fields of international and EU copyright law in understanding the nexus between copyright law and technological and economic change. It also helps lawmakers and judges at the European, national and international levels formulate legislative responses to the challenges of the digital environment.

Reconstructing the Campus

Reconstructing the Campus
Author: Michael David Cohen
Publisher: University of Virginia Press
Total Pages: 463
Release: 2012
Genre: Education
ISBN: 081393317X

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The Civil War transformed American life. Not only did thousands of men die on battlefields and millions of slaves become free; cultural institutions reshaped themselves in the context of the war and its aftermath. The first book to examine the Civil War's immediate and long-term impact on higher education, Reconstructing the Campus begins by tracing college communities' responses to the secession crisis and the outbreak of war. Students made supplies for the armies or left campus to fight. Professors joined the war effort or struggled to keep colleges open. The Union and Confederacy even took over some campuses for military use. Then moving beyond 1865, the book explores the war's long-term effects on colleges. Michael David Cohen argues that the Civil War and the political and social conditions the war created prompted major reforms, including the establishment of a new federal role in education. Reminded by the war of the importance of a well-trained military, Congress began providing resources to colleges that offered military courses and other practical curricula. Congress also, as part of a general expansion of the federal bureaucracy that accompanied the war, created the Department of Education to collect and publish data on education. For the first time, the U.S. government both influenced curricula and monitored institutions. The war posed special challenges to Southern colleges. Often bereft of students and sometimes physically damaged, they needed to rebuild. Some took the opportunity to redesign themselves into the first Southern universities. They also admitted new types of students, including the poor, women, and, sometimes, formerly enslaved blacks. Thus, while the Civil War did great harm, it also stimulated growth, helping, especially in the South, to create our modern system of higher education.

Reconstructing Human Rights

Reconstructing Human Rights
Author: Joe Hoover
Publisher: Oxford University Press
Total Pages: 259
Release: 2016-05-27
Genre: Political Science
ISBN: 0191085553

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We live in a human-rights world. The language of human-rights claims and numerous human-rights institutions shape almost all aspects of our political lives, yet we struggle to know how to judge this development. Scholars give us good reason to be both supportive and sceptical of the universal claims that human rights enable, alternatively suggesting that they are pillars of cross-cultural understanding of justice or the ideological justification of a violent and exclusionary global order. All too often, however, our evaluations of our human-rights world are not based on sustained consideration of their complex, ambiguous and often contradictory consequences. Reconstructing Human Rights argues that human rights are only as good as the ends they help us realise. We must attend to what ethical principles actually do in the world to know their value. So, for human rights we need to consider how the identity of humanity and the concept of rights shape our thinking, structure our political activity and contribute to social change. Reconstructing Human Rights defends human rights as a tool that should enable us to challenge political authority and established constellations of political membership by making new claims possible. Human rights mobilise the identity of humanity to make demands upon the terms of legitimate authority and challenges established political memberships. In this work, it is argued that this tool should be guided by a democratising ethos in pursuit of that enables claims for more democratic forms of politics and more inclusive political communities. While this work directly engages with debates about human rights in philosophy and political theory, in connecting our evaluations of the value of human rights to their worldly consequences, it will also be of interest to scholars considering human rights across disciplines, including Law, Sociology, and Anthropology.

Until Justice Be Done: America's First Civil Rights Movement, from the Revolution to Reconstruction

Until Justice Be Done: America's First Civil Rights Movement, from the Revolution to Reconstruction
Author: Kate Masur
Publisher: W. W. Norton & Company
Total Pages: 480
Release: 2021-03-23
Genre: History
ISBN: 1324005947

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Finalist for the 2022 Pulitzer Prize in History Finalist for the 2022 Lincoln Prize Winner of the 2022 John Nau Book Prize in American Civil War Era History One of NPR's Best Books of 2021 and a New York Times Critics' Top Book of 2021 A groundbreaking history of the movement for equal rights that courageously battled racist laws and institutions, Northern and Southern, in the decades before the Civil War. The half-century before the Civil War was beset with conflict over equality as well as freedom. Beginning in 1803, many free states enacted laws that discouraged free African Americans from settling within their boundaries and restricted their rights to testify in court, move freely from place to place, work, vote, and attend public school. But over time, African American activists and their white allies, often facing mob violence, courageously built a movement to fight these racist laws. They countered the states’ insistences that states were merely trying to maintain the domestic peace with the equal-rights promises they found in the Declaration of Independence and the Constitution. They were pastors, editors, lawyers, politicians, ship captains, and countless ordinary men and women, and they fought in the press, the courts, the state legislatures, and Congress, through petitioning, lobbying, party politics, and elections. Long stymied by hostile white majorities and unfavorable court decisions, the movement’s ideals became increasingly mainstream in the 1850s, particularly among supporters of the new Republican party. When Congress began rebuilding the nation after the Civil War, Republicans installed this vision of racial equality in the 1866 Civil Rights Act and the Fourteenth Amendment. These were the landmark achievements of the first civil rights movement. Kate Masur’s magisterial history delivers this pathbreaking movement in vivid detail. Activists such as John Jones, a free Black tailor from North Carolina whose opposition to the Illinois “black laws” helped make the case for racial equality, demonstrate the indispensable role of African Americans in shaping the American ideal of equality before the law. Without enforcement, promises of legal equality were not enough. But the antebellum movement laid the foundation for a racial justice tradition that remains vital to this day.

Trade Secrets and Intellectual Property

Trade Secrets and Intellectual Property
Author: William van Caenegem
Publisher:
Total Pages: 0
Release: 2014
Genre: Competition, Unfair
ISBN: 9789041128171

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About the Author --Acknowledgements --Introduction and Background of Trade Secrets Protection --Property, Propriety and Policy --International Standards --The Common Law Approach: The English Law System --The Common Law Approach: The United States --Civilian Approaches: France --Civilian Approaches: Germany --Trade Secrets and Employees --Conclusions --Text of the Relevant German Provisions.

Reconstructing the Household

Reconstructing the Household
Author: Peter W. Bardaglio
Publisher: Univ of North Carolina Press
Total Pages: 378
Release: 2000-11-09
Genre: History
ISBN: 0807860212

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In Reconstructing the Household, Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody, and adoption laws to show how southerners struggled with the conflicts and stresses that surfaced within their own households and in the larger society during the Civil War era. Based on literary as well as legal sources, Bardaglio's analysis reveals how legal contests involving African Americans, women, children, and the poor led to a rethinking of families, sexuality, and the social order. Before the Civil War, a distinctive variation of republicanism, based primarily on hierarchy and dependence, characterized southern domestic relations. This organic ideal of the household and its power structure differed significantly from domestic law in the North, which tended to emphasize individual rights and contractual obligations. The defeat of the Confederacy, emancipation, and economic change transformed family law and the governance of sexuality in the South and allowed an unprecedented intrusion of the state into private life. But Bardaglio argues that despite these profound social changes, a preoccupation with traditional notions of gender and race continued to shape southern legal attitudes.

Reconstructing the National Bank Controversy

Reconstructing the National Bank Controversy
Author: Eric Lomazoff
Publisher: University of Chicago Press
Total Pages: 264
Release: 2018-11-07
Genre: Political Science
ISBN: 022657945X

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The Bank of the United States sparked several rounds of intense debate over the meaning of the Constitution’s Necessary and Proper Clause, which authorizes the federal government to make laws that are “necessary” for exercising its other powers. Our standard account of the national bank controversy, however, is incomplete. The controversy was much more dynamic than a two-sided debate over a single constitutional provision and was shaped as much by politics as by law. With Reconstructing the National Bank Controversy, Eric Lomazoff offers a far more robust account of the constitutional politics of national banking between 1791 and 1832. During that time, three forces—changes within the Bank itself, growing tension over federal power within the Republican coalition, and the endurance of monetary turmoil beyond the War of 1812 —drove the development of our first major debate over the scope of federal power at least as much as the formal dimensions of the Constitution or the absence of a shared legal definition for the word “necessary.” These three forces—sometimes alone, sometimes in combination—repeatedly reshaped the terms on which the Bank’s constitutionality was contested. Lomazoff documents how these three dimensions of the polity changed over time and traces the manner in which they periodically led federal officials to adjust their claims about the Bank’s constitutionality. This includes the emergence of the Coinage Clause—which gives Congress power to “coin money, regulate the value thereof”—as a novel justification for the institution. He concludes the book by explaining why a more robust account of the national bank controversy can help us understand the constitutional basis for modern American monetary politics.

The Second Founding: How the Civil War and Reconstruction Remade the Constitution

The Second Founding: How the Civil War and Reconstruction Remade the Constitution
Author: Eric Foner
Publisher: W. W. Norton & Company
Total Pages: 288
Release: 2019-09-17
Genre: History
ISBN: 0393652580

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From the Pulitzer Prize–winning scholar, a timely history of the constitutional changes that built equality into the nation’s foundation and how those guarantees have been shaken over time. The Declaration of Independence announced equality as an American ideal, but it took the Civil War and the subsequent adoption of three constitutional amendments to establish that ideal as American law. The Reconstruction amendments abolished slavery, guaranteed all persons due process and equal protection of the law, and equipped black men with the right to vote. They established the principle of birthright citizenship and guaranteed the privileges and immunities of all citizens. The federal government, not the states, was charged with enforcement, reversing the priority of the original Constitution and the Bill of Rights. In grafting the principle of equality onto the Constitution, these revolutionary changes marked the second founding of the United States. Eric Foner’s compact, insightful history traces the arc of these pivotal amendments from their dramatic origins in pre–Civil War mass meetings of African-American “colored citizens” and in Republican party politics to their virtual nullification in the late nineteenth century. A series of momentous decisions by the Supreme Court narrowed the rights guaranteed in the amendments, while the states actively undermined them. The Jim Crow system was the result. Again today there are serious political challenges to birthright citizenship, voting rights, due process, and equal protection of the law. Like all great works of history, this one informs our understanding of the present as well as the past: knowledge and vigilance are always necessary to secure our basic rights.