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The Rights Paradox

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Release : 2021-04-15
Genre : Law
Kind : eBook
Book Rating : 091/5 ( reviews)

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Book Synopsis The Rights Paradox by : Michael A. Zilis

Download or read book The Rights Paradox written by Michael A. Zilis. This book was released on 2021-04-15. Available in PDF, EPUB and Kindle. Book excerpt: What happens to the legitimacy of the Supreme Court when it protects 'equal justice under law'?

The Human Rights Paradox

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Release : 2014-04-29
Genre : History
Kind : eBook
Book Rating : 732/5 ( reviews)

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Book Synopsis The Human Rights Paradox by : Steve J. Stern

Download or read book The Human Rights Paradox written by Steve J. Stern. This book was released on 2014-04-29. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are paradoxical. Advocates across the world invoke the idea that such rights belong to all people, no matter who or where they are. But since humans can only realize their rights in particular places, human rights are both always and never universal. The Human Rights Paradox is the first book to fully embrace this contradiction and reframe human rights as history, contemporary social advocacy, and future prospect. In case studies that span Africa, Latin America, South and Southeast Asia, and the United States, contributors carefully illuminate how social actors create the imperative of human rights through relationships whose entanglements of the global and the local are so profound that one cannot exist apart from the other. These chapters provocatively analyze emerging twenty-first-century horizons of human rights—on one hand, the simultaneous promise and peril of global rights activism through social media, and on the other, the force of intergenerational rights linked to environmental concerns that are both local and global. Taken together, they demonstrate how local struggles and realities transform classic human rights concepts, including “victim,” “truth,” and “justice.” Edited by Steve J. Stern and Scott Straus, The Human Rights Paradox enables us to consider the consequences—for history, social analysis, politics, and advocacy—of understanding that human rights belong both to “humanity” as abstraction as well as to specific people rooted in particular locales.

The Rights Paradox

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Author :
Release : 2021-04-15
Genre : Political Science
Kind : eBook
Book Rating : 34X/5 ( reviews)

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Book Synopsis The Rights Paradox by : Michael A. Zilis

Download or read book The Rights Paradox written by Michael A. Zilis. This book was released on 2021-04-15. Available in PDF, EPUB and Kindle. Book excerpt: The US Supreme Court is the chief institution responsible for guarding minority rights and equality under the law, yet, in order to function authoritatively, the Court depends on a majority of Americans to accept its legitimacy and on policymakers to enforce its rulings. The Rights Paradox confronts this tension, offering a careful conceptualization and theory of judicial legitimacy that emphasizes its connection to social groups. Zilis demonstrates that attitudes toward minorities and other groups are pivotal for shaping popular support for the Court, with the Court losing support when it rules in favor of unpopular groups. Moreover, justices are aware of these dynamics and strategically moderate their decisions when concerned about the Court's legitimacy. Drawing on survey and experimental evidence, as well as analysis of Court decision-making across many recent high-profile cases, Zilis examines the implications for 'equal justice under the law' in an era of heightened polarization and conflict.

Copyright's Paradox

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Author :
Release : 2008-04-14
Genre : Law
Kind : eBook
Book Rating : 620/5 ( reviews)

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Book Synopsis Copyright's Paradox by : Neil Netanel

Download or read book Copyright's Paradox written by Neil Netanel. This book was released on 2008-04-14. Available in PDF, EPUB and Kindle. Book excerpt: The United States Supreme Court famously labeled copyright "the engine of free expression" because it provides a vital economic incentive for much of the literature, commentary, music, art, and film that makes up our public discourse. Yet today's greatly expanded copyright law often does the opposite--it can be used to quash news reporting, political commentary, church dissent, historical scholarship, cultural critique, and artistic expression. In Copyright's Paradox, Neil Weinstock Netanel explores the tensions between copyright law and free speech concerns, revealing how copyright law can impose unacceptable burdens on speech. Netanel provides concrete illustrations of how copyright often prevents speakers from effectively conveying their message, tracing this conflict across both traditional and digital media and considering current controversies such as the YouTube and MySpace copyright infringements, Hip-hop music and digital sampling, and the Google Book Search litigation. The author juxtaposes the dramatic expansion of copyright holders' proprietary control against the individual's newly found ability to digitally cut, paste, edit, remix, and distribute sound recordings, movies, TV programs, graphics, and texts the world over. He tests whether, in light of these developments and others, copyright still serves as a vital engine of free expression and he assesses how copyright does--and does not--burden speech. Taking First Amendment values as his lodestar, Netanel argues that copyright should be limited to how it can best promote robust debate and expressive diversity, and he presents a blueprint for how that can be accomplished. Copyright and free speech will always stand in some tension. But there are ways in which copyright can continue to serve as an engine of free expression while leaving ample room for speakers to build on copyrighted works to convey their message, express their personal commitments, and fashion new art. This book shows us how.

Only Paradoxes to Offer

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Author :
Release : 1996
Genre : History
Kind : eBook
Book Rating : 317/5 ( reviews)

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Book Synopsis Only Paradoxes to Offer by : Joan Wallach Scott

Download or read book Only Paradoxes to Offer written by Joan Wallach Scott. This book was released on 1996. Available in PDF, EPUB and Kindle. Book excerpt: When feminists argued for political rights in the context of liberal democracy, they insisted that the differences between men and women were irrelevant for citizenship. Yet by acting on behalf of women, they introduced the very idea of difference they sought to eliminate. Scott reads feminist history in terms of this paradox.

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