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Criminal justice activism in the United States has traditionally focused on policing at the front end of the penal system or prisons at the back end. More recently, activists have expanded their efforts to the criminal court, which they see as mediating the path from arrest to incarceration. Bridging punishment and society with law and social movements, I study how activists diagnose and counter the problems of the court. Through an ethnographic and interview study in Oakland, California, I found that activists engage in interstitial power shifting or creating new avenues for collective action in the cracks of the court process and using them to shift power from legal officials to marginalized communities. This power shifting is ideological and material. First, activists challenge the idea that the court is a just institution and problematize how it obscures its activities from the public, dehumanizes defendants, and evades accountability to system-impacted people. Second, activists try to address these problems and reduce the court’s power through strategic interventions: court watch, participatory defense, and district attorney accountability. More broadly, this article offers a framework for analyzing collective action that does not operate fully within or outside of law but, rather, in the margins and cracks of legal institutions and processes.
Conflict-related sexual violence (CRSV) has attracted significant attention from policy-makers, practitioners and the public over the past two decades, but it continues to occur in conflicts around the world – in some places, on a massive scale. Research on CRSV has also grown remarkably in recent years. This article assesses the state of the scholarly literature on CRSV. It first reviews advances in the field, including the widespread recognition of variation in CRSV, the power of mapping the complete pattern of violence (repertoire, targeting, estimated frequency), and the importance of distinguishing between CRSV that occurs as a policy (either a military strategy or a policy for non-military purposes, often the management of the sexual and reproductive lives of combatants) and CRSV that occurs as a practice (in which sexual violence is driven by social dynamics among combatants and is tolerated by commanders). It then highlights emergent themes, including intersectional approaches to studying survivors, victims who did not survive, and their communities, as well as perpetrators, and ongoing debates, including how gender hierarchies and norms shape CRSV. It identifies persistent gaps in scholarly understanding of causes and consequences, along with opportunities for deepening that understanding. After discussing the implications for policy to address CRSV, the article concludes by laying out some lingering questions for future research.
This paper examines the Security Council’s role in enforcing International Court of Justice (ICJ) provisional measures, using the South Africa v. Israel case as a lens to explore broader questions of Council authority under the UN Charter. Focusing on Articles 94(1) and 94(2), it argues that the Council is legally empowered to secure compliance with binding provisional measures, including through adoption of obligations derived from the Genocide Convention to preserve peace and security. It contends that South Africa could invoke Article 94(2) to seek Council intervention. The analysis considers procedural classification under Article 27(2) as a means to circumvent the veto, while also acknowledging the potential, albeit politically limited, recourse to Chapter VII. The paper maintains that legal authority persists despite political constraints. Whatever the trajectory of the underlying case, the analysis advances a broader argument about reinforcing ICJ authority and strengthening the UN’s enforcement architecture.
Throughout the world, in liberal states, it is common to use prenatal selection techniques and procedures which can prevent the birth of a disabled child. A common assumption is that this practice is driven by individual choice, and that the state itself is neutral. If instead the state was not neutral, this would raise fears of eugenics. The purpose of this book is to test this common assumption. While there is extensive literature on the ethics of selecting against disability, this book proposes a different starting point based on an analysis of the state's position. Through an examination of liberal theory, and a review of concrete examples of state practice, it sheds new light on our society's commitment to the equality of disabled people and the equality of women.
This book reveals how Congress quietly shaped American elections across more than a century of constitutional development. Far from a passive observer, Congress used its authority to influence key controversies – from the expansion of slavery in new territories to the reconstruction of the post-Civil War electorate. Congress exercised power under the Elections Clause, the Guarantee Clause, and later, the Fourteenth and Fifteenth Amendments, to combat voter suppression, reimagine representation, and determine who could (and could not) participate in American democracy. Even as Jim Crow laws disenfranchised millions, Congress continued to review and sometimes overturn the elections of its own members, refusing to cede complete control to the states. In doing so, Congress routinely subordinated federalism to politics. In Congress We Trust? provides a new perspective on who truly governs our system of elections by showing that federal authority has been broad, lasting, and decisive.
Since the early 2000s, American courts and legislatures have delivered a series of generation-defining LGBTQ legal victories. Today, this progress and the very institutions that made it possible are under attack. A Queer Guide to Saving American Democracy is an introduction to this democratic crisis, speaking directly to the queer and transgender people navigating the intensifying political and cultural fault lines. It argues that the current denigration of queer and transgender lives in the US is a symptom of the broader degradation of American democracy, representing the newest threat of American fascism. By centering queer and trans identity in the larger history of authoritarianism, the book highlights the strategic villainization of nonconforming groups as a tool to consolidate power and political control. In response, this book empowers readers to adopt pro-democracy frameworks rooted in the defiant authenticity and stubborn joy of queer existence, forging pathways committed to transformative social change.
'The New Dual State' examines how regimes can institutionalize judicial autonomy without relinquishing ultimate political control. Revising the dual state theory beyond its classical and contemporary formulations, the book proposes the framework of symbiotic dualism, which argues that the consolidation of political authority can clarify and stabilize the boundary between legal order and extralegal authority, thereby producing a more autonomous judiciary in routine adjudication. Using China as the central case, the book shows how political centralization enabled the regime to insulate judges from local officials, suppress unsanctioned extrajudicial interventions, and channel politically sensitive disputes away from the courts. These measures have produced a legal order in which courts demonstrate increasing professionalism and autonomy in routine cases, while the regime retains decisive authority over politically salient matters. Grounded in extensive fieldwork and framed by comparative legal theory, the book advances a generalizable framework for understanding legality outside the context of liberal democracies.
Adoption of large language models in education has reached a scale that the European Union’s principal regulatory instrument for high-risk artificial intelligence (Regulation (EU) 2024/1689, the AI Act) was not designed to anticipate in full. This paper argues that the regulatory architecture governing educational AI under Annex III, point 3(b), and specifically the human oversight requirements of Article 14, addresses synchronic risks at the moment of decision but does not address the diachronic risk of cognitive debt: the structural erosion, across the lifecycle of sustained user engagement, of the cognitive substrate that meaningful human oversight presupposes. We make this argument across three integrated lines of evidence. First, we synthesise the convergent neurocognitive literature and identify four mechanisms through which cognitive debt accumulates: cognitive offloading, atrophy through disuse, transfer-appropriate processing failure and engagement asymmetry. Second, we report longitudinal practitioner observations gathered by the first author across twelve years of software-engineering management roles spanning the pre- and post-LLM transition, suggesting that the experimental findings reproduce at the scale of professional practice. Third, building on a recent analysis of automation bias published in this journal, we identify what we term the cognitive blind spot of Article 14: the assumption, structurally embedded in the provision, that the supervisor retains a cognitive substrate that the supervised activity, performed sustainedly under the regime, progressively erodes. We conclude by deriving operational implications of a developmental and substitutive distinction for institutions, providers, and regulators, and by indicating empirical and policy work required to address the gap before the high-risk obligations enter into force.
Intellectual property (IP) rights have long faced strong legitimacy criticisms. As the vaccine debates during the COVID-19 pandemic showed, IP is often seen as a problematic asset of powerful private companies and developed economies. This book addresses these criticisms by focusing on a renewed interpretation of the TRIPS – the key international treaty for IP. By combining international law analysis and political theory, this work presents the TRIPS as the structuring agreement of the international IP regime rather than treating it as a technical trade instrument. Drawing on the ideal of freedom defined as protection against domination, the book develops a legal philosophy of the TRIPS, revisiting its foundations and proposing a renewed interpretation of its key norms. This reframing highlights how the treaty can potentially provide consistency and foreseeability in a conflict-ridden global multilateral trade system where weaker trade partners are often at a disadvantage. This title is also available as open access on Cambridge Core.
This chapter begins by introducing remuneration – as a term encompassing both compensation corresponding to the work an international official performs and benefits addressing their personal circumstances – as integral to the treaty-based obligation upon international organizations to secure staff possessing the highest standards of efficiency and technical competence, with due regard to recruitment on as wide a geographical basis as possible. Second, the legal principles of remuneration are identified, namely: (1) Compensation must secure staff of the highest standard; and (2) Pay must be equal for equivalent work. Third, two attendant legal duties of remuneration are considered, namely: (1) Benefits must ensure geographic diversity; and (2) Remuneration revision methodology must be objective. Fourth, the practice of tax reimbursement is examined. Fifth, and in conclusion, this employment law of remuneration at international organizations is restated.
What is the employment law at international organizations? The answer – international administrative law – implements treaty-based employment at all international organizations, including the United Nations, International Labour Organization and the World Bank. It governs an encounter between the status of the international civil service, administrative authority at international organizations and the jurisprudence of international administrative tribunals. For the first time, the universal legal basis of international administrative law is concisely and clearly introduced, tracking the employee lifecycle, from selection, through remuneration, performance management and integrity to ending service. Drawing on the judgments of multiple administrative tribunals, a clear and useable interpretative framework of interconnected legal principles and legal duties is established. Intended for all staff at international organizations, Member State representatives, legal practitioners and scholars, this book serves as the basis for a shared understanding of international administrative law, equal to the enormity of the endeavours entrusted to the international civil service.
Chapter 6 traverses a test veteran group action against the British Ministry of Defence as it moved through the High Court of England and Wales, the Court of Appeal, to a final ruling in the UK Supreme Court. According to the legal principle of limitation, test veterans needed to offer the courts life histories proving ignorance of nuclear risk. The MoD’s legal counsel argued that an individual’s obligations to anticipate and understand injury were unrelated to the pragmatic enactment of such knowledge. In witness stands, test veterans recontextualized their knowledge of injury in ways that animated state, medical, and legal actors as powerfully capable of stymying their knowledge. In this case, claimants experience a series of unjust legal reversals and ironies. First, the actions and duties of claimants, not those accused of injuring them, became the subject of moral and legal judgement. Second, claimants’ long-running quests for knowledge about their health became the very legal rationale to deny them justice. And third, such legal processes imposed strict time limits on claimants’ actions, while also making claimants wait as appeals stretched over years.
Chapter 5 dwells on the legal reasoning that governed New Zealand military disablement pensions. It charts how test veterans experienced law as an arbitrary logic, one that remained simultaneously open and closed to them. Law, many felt, was a force capable of dividing their community according to the vicissitudes of luck. This chapter also engages with the labour of Pension Appeal Board members who tried to fit veteran accounts of injury within legislative notions of reasonable evidence and plausible causation. Sitting face to face in appeal board meetings, veterans and those adjudicating their claims attempted to embody the state’s legal and moral responsibilities to offer benevolent and exceptional military entitlements to veterans. Test veterans reveal how thresholds of proof and exposure become negotiable and unstable objects of law and medicine that shift dynamically throughout the proof-making process. As this chapter shows, flexible and informal proof-making systems that aim to overcome unfair evidentiary burdens of exposure can, for claimants, ultimately reinscribe a sense of injustice and harm due to their seemingly arbitrary, opaque, and inconsistent judgements.
This chapter begins by outlining the past trends and the present trajectory of employment-related dispute resolution at international organizations. Second, the historic evolution of the statutory basis of administrative tribunals at the United Nations is analysed, suggesting that Member State governance organs are prepared to revise procedures, but are reluctant to address the transparency of employment law at international organizations. Third, and in conclusion – extending this book’s emphasis on concisely and clearly introducing the law – the incorporation of general legal principles of international administrative law into the Statutes of international administrative tribunals is proposed.
This chapter begins by introducing misconduct – as the enforcement of standards of conduct at international organizations – comprising a series of actions intended to dependably investigate, attribute responsibility and consequently sanction integrity breaches by international officials. Second, the legal principles of misconduct are identified, namely: (1) The facts of misconduct must be established; (2) The established facts must legally constitute misconduct; and (3) Disciplinary sanction must possess a legal basis. Third, three attendant legal duties of misconduct are considered, as follows: (1) Proof of misconduct must be compelling; (2) Alleged misconduct must afford an opportunity to respond; and (3) Misconduct may only be sanctioned proportionately. Fourth, the chapter considers obligations towards staff who allege that they have been subjected to interpersonal misconduct – notably sexual harassment and bullying – and their capability to challenge and obtain information concerning related administrative decisions. Fifth, and in conclusion, this employment law of misconduct at international organizations is restated. The standards of conduct implementing the treaty-attributed integrity and independence of the international civil service are the subject of Chapter 9, ‘Standards of Conduct’.