Hasil Pencarian  ::  Simpan CSV :: Kembali

""Courts Without Bordersis the first book to examine the politics of judicial extraterritoriality, with a focus on the world's chief practitioner: the United States. For much of the post-World War II era, the United States has been a frequent yet selective regulator of activities outside its territory, and US federal courts are often on the front line in deciding the extraterritorial reach of US law. At stake in these jurisdiction battles is the ability to bring the regulatory power of the United States to bear on transnational disputes in ways that other states frequentlydislike both in principle and in practice. This volume proposes a general theory of domestic court behaviorto explain variations in extraterritorial enforcement of US law,emphasizing how the strategic behavior of private actors is important to mobilizing courts and in directing their activities"--"Courts Without Borders is the first book to examine the politics of judicial extraterritoriality-the practice of domestic courts unilaterally applying domestic laws to conduct and persons outside a state's borders-and its consequences with a focus on the world's chief practitioner: the United States. For much of the post-World War II era, the United States has been a frequent yet selective regulator of activities outside its territory. U.S. federal courts are often on the front line in battles over the extraterritorial reach of U.S. law, enabling it in some instances and restricting it in others"--"

"This article seeks to discuss the impact on privacy of personal information when the state couple big data technology with public measures to conduct massive metadata surveillance without targeting specific persons or having a specific purpose to surveil. Methodologically, this article employs constitutional law and comparative legal analysis to critically examine litigation in the U.S. triggered by government mass surveillance and establishes a conceptual category of “government mass surveillance,” which exhibit several elements. This is followed by an examination of the theoretical development and practical experience drawn from several seminal cases of the U.S. Federal Courts. This article found that the treasure trove of litigation in the U.S. Federal Courts have significantly changed people’s perceptions and presumptions of privacy. The 2013 Snowden disclosures profoundly revealed that the federal judiciary of the U.S. is confronted by the inherent defects and deficiencies embedded in the theoretical framework of “reasonable expectations of privacy” and “third-party doctrine,” which was established in the 1980s and based on the dichotomy of the public / private domain. This article further introduces the “mosaic theory” as a supplementary interpretative approach and evaluates its enlightening significance. This article concludes that the rigorous debate between the U.S. federal court’s judgment and American legal scholarship not only outlines the difficulty and urgency of reclaiming informational privacy in the era of big data, but also dictates a paradigm shift in our expectation of informational privacy toward a less standardized and more flexible interpretation. These insightful lessons should inform Taiwanese courts as they respond to prevailing issues presented by government mass surveillance."

"This Book develops a novel and innovative methodological framework for operationalising Henri Lefebvre’s work for empirical research on the U.S. city. Building on ethnographic research on Chicago’s South Side, Tilman Schwarze explores the current situation of urbanisation and urban life in the U.S. city through a critical reading and application of Lefebvre’s writings on space, everyday life, the urban, the state, and difference. Focusing on territorial stigmatisation, public housing transformation, and urban redevelopment, this book makes an important contribution to critical urban scholarship, foregrounding the relevance and applicability of Henri Lefebvre’s work for geographical and sociological research on urban politics and everyday life."