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"Wrench, John"
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\Balancing\ Free Expression and Religious Feelings in E.S. v. Austria: Blasphemy by Any Other Name?
2020
The European Court of Human Rights' 2018 decision in E.S. v. Austria upheld an Austrian court's conviction based on \"disparaging religious doctrine.\" The Court took this opportunity to reaffirm problematic, decades-old precedent, while creating new contradictions in its analysis of free expression claims. Despite the EU's modern opposition to the criminalization of blasphemy, E.S. v. Austria in effect sends a contradictory message. This Comment explores the roots of the Court's struggle to find an appropriate balance between the values of religious tolerance and freedom of expression, analyzes the Court's recent decision, and suggests future paths to recalibrate the Court's approach to these two fundamental rights.
Journal Article
Non-Appropriation, No Problem: The Outer Space Treaty Is Ready for Asteroid Mining
2019
Has technology outrun the international law governing outer space? This dilemma presents itself as private entities become capable of space travel and new technology makes asteroid mining a reality. Although the Outer Space Treaty’s “non-appropriation” principle prohibits nations from claiming sovereignty over space bodies, that restriction does not prevent resource extraction. The non-appropriation principle, interpreted alongside existing legal regimes, distinguishes between forbidden appropriation and permissible extraction. Consequently, the non-appropriation principle is most accurately viewed as a flexible premise from which the international community is free to fashion unique laws governing resource extraction in outer space.
Journal Article
Equal Opportunities and Ethnic Inequality in European Labour Markets
The need to analyse labour market mechanisms in post-industrial Western societies is urgent. Despite laws and policy measures being developed at the European, national and local levels, job-seeking immigrants and ethnic minorities still suffer unequal access and ethnic discrimination. This volume endeavours to understand why. Four chapters dealing with discrimination, gender, equity policies and diversity management present a lively discussion of the current scientific debate. Besides providing empirical evidence, the authors recommend methods for conducting further research in the field and evaluate the actual effects of discrimination-combating policies. One conclusion is that systematic analysis of the labour market and its subsequent equity policies must be supported by hard data, such as statistics. With its state-of-the-art scope and unique thematic exploration, this volume transfers knowledge from social science studies to a more operational realm. From here, both scholars and practitioners can help make equal opportunities more accessible than ever. This title is available in the OAPEN Library - http://www.oapen.org.
Diversity Management and Discrimination
by
Wrench, John
in
Diversity in the workplace
,
Diversity in the workplace -- Europe
,
Ethnic minorities
2007,2016
What can diversity management offer those concerned with ethnic inequality, racial discrimination, and issues of social and economic inclusion and exclusion? In this book John Wrench traces the emergence of diversity management in the US in the late 1980s, and explores its subsequent development in Europe. He outlines the various critiques of diversity management that have been suggested both by academics and equality activists and highlights recent issues and trends that should be monitored by those concerned with racial and ethnic equality in employment. In particular, Wrench examines whether diversity management can be seen as a ’soft option’ in terms of combating racism and discrimination, or instead, a new way of mainstreaming anti-discrimination measures. He also addresses the important question of whether the development of diversity management in Europe will follow a relatively uniform trajectory because of common demographic, economic and market pressures, or whether the historical, cultural and institutional differences which exist between EU countries, and between the EU and the US, will have a determining impact on the adoption, content and operation of this particular management practice.
Foreword: International Law and Policy in the Age of Trump
2019
A self-styled disruptive innovator, when he became president Donald Trump promised to make radical changes to America’s relationship with international law and its institutions. To that end, in the first two years of his presidency, Trump instituted an immigration ban from six predominantly Muslim states, initiated a trade war with China, withdrew the U.S. from the Paris Climate Accord, the Iran Nuclear Deal, and the U.N. Human Rights Council, engaged in a presidential summit with Kim Jong-Un of North Korea, and launched airstrikes against Syria’s chemical weapons facilities. In the midst of these tumultuous developments, on September 14, 2018, Case Western Reserve University School of Law hosted a conference featuring two dozen former government officials, NGO officers, distinguished academics and leading practitioners from all sides of the political spectrum who engaged in discussion and debate about what the Trump Administration’s policies have meant for the future of international law. In the few months since our Conference, President Trump has continued to shake up the international system by denouncing the International Migration Compact, withdrawing the United States from the 1987 U.S.-Russia Intermediate Range Nuclear Treaty, declaring a national emergency to fund construction of a wall on the Mexican border,10 and banning officials from the International Criminal Court from entering U.S. territory. More sweeping changes are likely during his administration. In that context the insights of our expert panelists, as memorialized in this special double issue of the Case Western Reserve Journal of International Law, are as important as they are timely.
Journal Article
Equal opportunities and ethnic inequality in European labour markets
by
Wrench, John
,
Roosblad, Judith
,
Kraal, Karen
in
Affirmative action
,
Discrimination
,
Discrimination in employment
2009,2025
The need to analyse labour market mechanisms in post-industrial Western societies is urgent. Despite laws and policy measures being developed at the European, national and local levels, job-seeking immigrants and ethnic minorities still suffer unequal access and ethnic discrimination. This volume endeavours to understand why.
A COUNTER-MAJORITARIAN BULWARK: THE FIRST AMENDMENT AND PROFESSIONAL SPEECH IN THE WAKE OF NIFLA V. BECERRA
2020
In NIFLA v. Becerra, the Supreme Court unambiguously repudiated the professional-speech doctrine and reaffirmed that expression is entitled to full First Amendment protection regardless of whether the speaker is a \"professional.\" The Court's reasoning is grounded in longstanding precedent and settled free speech doctrine, although critics might suggest otherwise. These disagreements about precedent are clearly important, but the Court's ongoing normative debates regarding the role of free speech deserve more attention. This article describes the outsized role normative considerations have played in determining the direction of cases involving professional speech pre-NIFLA. It also outlines the free speech analysis required post-NIFLA and assesses whether lower courts have held accordingly or gone astray at particular points in their analyses. Lastly, this article identifies questions left unresolved in the wake of NIFLA and sketches expected areas for future litigation.
Journal Article
Equal Opportunities and Ethnic Inequality in European Labour Markets
2009
The need to analyse labour market mechanisms in post-industrial Western societies is urgent. Despite laws and policy measures being developed at the European, national and local levels, job-seeking immigrants and ethnic minorities still suffer unequal access and ethnic discrimination. This volume endeavours to understand why. Four chapters dealing with discrimination, gender, equity policies and diversity management present a lively discussion of the current scientific debate. Besides providing empirical evidence, the authors recommend methods for conducting further research in the field and evaluate the actual effects of discrimination-combating policies. One conclusion is that systematic analysis of the labour market and its subsequent equity policies must be supported by hard data, such as statistics. With its state-of-the-art scope and unique thematic exploration, this volume transfers knowledge from social science studies to a more operational realm. From here, both scholars and practitioners can help make equal opportunities more accessible than ever.