If postmortems of the 2016 US presidential election tell us anything, it's that many voters discriminate on the basis of race, which raises an important question: in a society that outlaws racial discrimination in employment, housing, and jury selections, should voters be permitted to racially discriminate in selecting a candidate for public office? In Whitelash, Terry Smith argues that such racialized decision-making is unlawful and that remedies exist to deter this reactionary behavior. Using evidence of race-based voting in the 2016 presidential election, Smith deploys legal analogies to demonstrate how courts can decipher when groups of voters have been impermissibly influenced by race, and impose appropriate remedies. This groundbreaking work should be read by anyone interested in how the legal system can re-direct American democracy away from the ongoing electoral scourge that many feared 2016 portended.
If postmortems of the 2016 US presidential election tell us anything, it's that many voters discriminate on the basis of race, which raises an important question: in a society that outlaws racial discrimination in employment, housing, and jury selections, should voters be permitted to racially discriminate in selecting a candidate for public office? In Whitelash, Terry Smith argues that such racialized decision-making is unlawful and that remedies exist to deter this reactionary behavior. Using evidence of race-based voting in the 2016 presidential election, Smith deploys legal analogies to demonstrate how courts can decipher when groups of voters have been impermissibly influenced by race, and impose appropriate remedies. This groundbreaking work should be read by anyone interested in how the legal system can re-direct American democracy away from the ongoing electoral scourge that many feared 2016 portended.
Our world and the people within it are increasingly interpreted and classified by automated systems. At the same time, automated classifications influence what happens in the physical world. These entanglements change what it means to interact with governance, and shift what elements of our identity are knowable and meaningful. In this cyber-physical world, or 'world state', what is the role for law? Specifically, how should law address the claim that computational systems know us better than we know ourselves? Monitoring Laws traces the history of government profiling from the invention of photography through to emerging applications of computer vision for personality and behavioral analysis. It asks what dimensions of profiling have provoked legal intervention in the past, and what is different about contemporary profiling that requires updating our legal tools. This work should be read by anyone interested in how computation is changing society and governance, and what it is about p
What makes Israeli law Israeli? Why is the word 'Jewish' almost entirely absent from Israeli legislation? How did Israel succeed in eluding a futile and dangerous debate over identity, and construct a progressive, independent, original and sophisticated legal system? Law and Identity in Israel attempts to answer these questions by looking at the complex bond between Zionism and the Jewish culture. Forging an original and 'authentic' Israeli law that would be an expression and encapsulation of Israeli-Jewish identity has been the goal of many Jewish and Zionist jurists as well as public leaders for the past century. This book chronicles and analyzes these efforts, and in the process tackles the complex meaning of Judaism in modern times as a religion, a culture, and a nationality. Nir Kedar examines the challenges and difficulties of expressing Judaism, or transplanting it into, the laws of the state of Israel.
Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the
Over the last two decades or so, the field of comparative law has been increasingly interested in issues of globalisation and Eurocentrism. This book inscribes itself within the debates that have aris
