Rights Without A Remedy
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Author | : Aziz Z. Huq |
Publisher | : Oxford University Press |
Total Pages | : 193 |
Release | : 2021 |
Genre | : LAW |
ISBN | : 0197556817 |
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
Author | : Kent Roach |
Publisher | : Cambridge University Press |
Total Pages | : 633 |
Release | : 2021-04-08 |
Genre | : Law |
ISBN | : 1108417876 |
Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Author | : R. Rajesh Babu |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 518 |
Release | : 2012-07-25 |
Genre | : Business & Economics |
ISBN | : 9004209026 |
The study presents a critical review on the problems stemming from the nature and scope of the WTO remedies, and highlights in a comparative perspective the lacunas and inadequacies in the substantive and procedural aspects of WTO dispute settlement system.
Author | : Canada |
Publisher | : |
Total Pages | : 0 |
Release | : 1996 |
Genre | : Civil rights |
ISBN | : |
Author | : Dinah Shelton |
Publisher | : Oxford University Press |
Total Pages | : 653 |
Release | : 2015-10-22 |
Genre | : Law |
ISBN | : 0191068764 |
The fully revised and updated Third Edition of Remedies in International Human Rights Law provides a comprehensive analysis of the law governing international and domestic remedies for human rights violations. It reviews and examines the texts and the jurisprudence on this key area of human rights law. It is an essential practical and theoretical resource for policymakers, scholars, and students negotiating and litigating issues of redress for victims. The Third Edition incorporates the major developments in remedial human rights jurisprudence. Internationally, the United Nations and the International Criminal Court have issued reparations guidelines; the International Court of Justice has for the first time awarded compensation for human rights violations; the International Law Commission has considered the humanitarian responsibility of international organizations; and new international petition procedures and policies on redress have entered into force. Regionally, in Asia and Africa, human rights bodies have adopted new human rights accords and legal judgments; in Europe, the human rights case load unceasingly increases. Nationally, the jurisprudence of historical reparations has come to the fore, as has the juridical consideration of economic and social rights. All of these developments are analysed in context and create a comprehensive and accessible portrait of the state of remedial human rights law today.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Graham Virgo |
Publisher | : Cambridge University Press |
Total Pages | : 625 |
Release | : 2017-08-24 |
Genre | : Law |
ISBN | : 1316764559 |
The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.
Author | : C. Bradford Biddle |
Publisher | : Cambridge University Press |
Total Pages | : 379 |
Release | : 2019-06-27 |
Genre | : Business & Economics |
ISBN | : 1108426751 |
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Author | : Dan B. Dobbs |
Publisher | : |
Total Pages | : 1146 |
Release | : 1993 |
Genre | : Remedies (Law) |
ISBN | : |
Rev. ed. of : Handbook on the law of remedies. 1973.
Author | : Cordula Dröge |
Publisher | : |
Total Pages | : 0 |
Release | : 2006 |
Genre | : Government liability (International law) |
ISBN | : 9789290371069 |