Download or read book The Redress of Law written by Emilios Christodoulidis and published by Cambridge University Press. This book was released on 2021-04-15 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at what a critical understanding of constitutional, labour and European Union law entails under conditions of globalisation.
Download or read book The Redress of Law written by Emilios Christodoulidis and published by Cambridge University Press. This book was released on 2021-04-15 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a legal-philosophical point of view, The Redress of Law presents a critical analysis of a number of related doctrinal fields: constitutional, labour and EU Law. Focusing on the organisation and protection of work, this book asks what it means to protect work as an essential aspect of human (individual and collective) flourishing. This is an ambitious and highly sophisticated intervention in contemporary academic and political debates around a set of critically important questions connected to processes of globalisation and market integration. The author redefines the nature of legal and political thought in an age in which market rationality has exceeded its classic domain and has come to pervade the organization of social and political life. This restatement of critical legal theory is intended to defend the concept of constitutionalism and suggest new ways to deploy the law strategically.
Download or read book The Right of Redress written by Andrew S. Gold and published by Oxford Legal Philosophy. This book was released on 2020 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Right of Redress advances the discussion of corrective justice in private law by refocusing the reversal of transactions away from the prevailing account of the wrongdoer's remedial duty and toward the right of an individual to obtain redress, what the author terms 'redressive justice'.
Download or read book Redress for Victims of Crimes Under International Law written by Ilaria Bottigliero and published by Springer. This book was released on 2013-11-11 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims' redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims' redress.
Download or read book The Law of Consumer Redress in an Evolving Digital Market written by Pablo Cortés and published by Cambridge University Press. This book was released on 2017-10-05 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the most recent processes, laws and best practices for consumer dispute resolution and the law related to consumer redress.
Download or read book Tort Law written by John C.P. Goldberg and published by Aspen Publishing. This book was released on 2016-02-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this Connected Casebook and receive ACCESS to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes – portability, meaningful feedback, and greater efficiency. The Fourth Edition of Tort Law: Responsibilities and Redress has been updated to reflect the very latest developments in tort law, including discussions of the draft provisions of the Third Restatement of Torts concerning intentional torts. The book also contains new “Check Your Understanding,” “Big Thing” and “Did You Know?” text boxes along with a new user-friendly page layout. A set of PowerPoint slides on core cases and topics has been added to provide additional support to instructors. Features: Incredibly versatile, this text has been successfully adopted at a wide range of schools and can be taught from any intellectual or political perspective Presenting tort law as a complex but coherent whole, giving students a clear sense of what tort law is and what it does Grounded and pluralistic treatment recognizes the richness and diversity of the legal rules and concepts that make tort law what it is Comprehensive case mix presents current and classic cases, exposing students to diverse decisions from jurisdictions around the country, from lower courts to state high courts Progresses from negligence to intentional torts to products liability while permitting the professor to focus on an array of contemporary issues Extraordinarily clear introductory text and notes after cases are routinely cited by students as highly accessible, illuminating and relevant Exceptional support through a Teacher’s Manual that gives detailed accounts of all the main cases and the issues they raise CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.
Download or read book The Collapse of Constitutional Remedies written by Aziz Z. Huq and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Download or read book Rightlessness written by A. Naomi Paik and published by UNC Press Books. This book was released on 2016-01-08 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this bold book, A. Naomi Paik grapples with the history of U.S. prison camps that have confined people outside the boundaries of legal and civil rights. Removed from the social and political communities that would guarantee fundamental legal protections, these detainees are effectively rightless, stripped of the right even to have rights. Rightless people thus expose an essential paradox: while the United States purports to champion inalienable rights at home and internationally, it has built its global power in part by creating a regime of imprisonment that places certain populations perceived as threats beyond rights. The United States' status as the guardian of rights coincides with, indeed depends on, its creation of rightlessness. Yet rightless people are not silent. Drawing from an expansive testimonial archive of legal proceedings, truth commission records, poetry, and experimental video, Paik shows how rightless people use their imprisonment to protest U.S. state violence. She examines demands for redress by Japanese Americans interned during World War II, testimonies of HIV-positive Haitian refugees detained at Guantanamo in the early 1990s, and appeals by Guantanamo's enemy combatants from the War on Terror. In doing so, she reveals a powerful ongoing contest over the nature and meaning of the law, over civil liberties and global human rights, and over the power of the state in people's lives.
Download or read book Jurisdiction and Cross Border Collective Redress written by Alexia Pato and published by Bloomsbury Publishing. This book was released on 2019-07-11 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.
Download or read book Tort Law written by John C. P. Goldberg and published by Aspen Publishers. This book was released on 2008 with total page 1192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This versatile casebook, written by authors who are at the forefront of torts scholarship, presents contemporary tort law in a clear and systematic framework. Now in its second edition, Tort Law: Responsibilities and Redress , has been refined based on classroom feedback to make it even more user-friendly and informative to students and professors alike. Among the distinctive characteristics of this unique casebook: Tort law is presented as a coherent whole. Students leave the course with a clear sense of what tort law is and what it does, and how it differs from other bodies of law, such as contracts or criminal law. Painstaking case selection ensures that students will be exposed to memorable opinions that effectively convey the substance of tort doctrine while also enabling the professor to explore from any given intellectual or political perspective underlying issues of policy, process, and theory. Current and classic cases expose students to a diverse array of case law, including decisions from jurisdictions around the country and from trial courts as well as state and federal appellate courts. Modular design of chapters permits the professor to proceed from any of several different starting points, including intentional torts, negligence, or a big-picture overview of the field. Ample explanatory text is provided, particularly in chapters that are likely to be covered early in the course. Additional materials —three appendices and two “modules”— are provided to permit professors who teach 5- or 6-hour courses to cover issues of history, policy, and theory. Substantial expository text offers unparalleled guidance in clarifying key torts concepts such as duty, breach, proximate cause, and intent. the Teacher’s Manual sets the standard for giving professors everything they need to succeed in the classroom. the meticulous revision of this casebook includes: Revised Chapter 2, The Duty Element, makes the material more accessible to students and enables teachers to proceed more quickly through the duty component of negligence, should they wish to spend more time on other negligence topics or other torts. New cases are more straightforward and more modern than those they have replaced.. Revised Chapter 5, Proximate Cause and Palsgraf, presents with even greater clarity than the first edition, The topics within negligence law that are most prone to generate student confusion. Revised Chapter 9, Battery, Assault, and False Imprisonment, contains a new initial sequence of cases and notes carefully designed to support courses that begin with intentional torts. New website that includes ”retired” cases from the First Edition, practice questions, and other materials of interest. Tort Law: Responsibilities and Redress, Second Edition, offers a contemporary approach to teaching torts without sacrificing attention To The conceptual underpinnings necessary to an in-depth understanding of tort law’s operation in the modern legal system. An author website to support classroom instruction using this title is available at http://www.aspenlawschool.com/goldberg2
Download or read book Law s Trials written by Richard L. Abel and published by Cambridge University Press. This book was released on 2018-08-09 with total page 861 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law's Trials analyzes the performance of US courts in upholding the rule of law during the 'war on terror'.
Download or read book A Treatise on the Law of Torts Or the Wrongs which Arise Independently of Contract written by Thomas McIntyre Cooley and published by . This book was released on 1906 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lawyers Beyond Borders written by Maria Armoudian and published by University of Michigan Press. This book was released on 2021-09-07 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror. Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.
Download or read book The Reform of Class and Representative Actions in European Legal Systems written by Christopher Hodges and published by Hart Publishing. This book was released on 2008-09-30 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the principal trends and policy goals relating to collective redress mechanisms in Europe. It identifies three principal areas in which procedures and debates have emerged: within consumer protection and competition law, and from some national court systems. It identifies differing national models of public and private enforcement in consumer protection law in the Member States, and the search for more efficient and inclusive procedures that would deliver increased access to justice and enhanced compliance with desired standards (arguably through deterrence). A sequence of case studies illustrates the pros and cons of differing models. Lessons are also drawn from the experience of class actions in the USA over the transactional costs of private law mechanisms, and adverse economic consequences. The various policy strands are unravelled and prioritised, and options for the future are recommended. The American 'private enforcement' model is contrasted with the more prevalent European public and mediated enforcement tradition. New developments involving Ombudsmen and oversight of compensation by public enforcement bodies are identified, and underlying theories of restorative justice and responsive regulation discussed. Public, private, formal, informal, ADR and voluntary methodologies are evaluated against criteria, and it is concluded that the optimal options for collective redress in Europe involve a combination of approaches, with priority given to public and voluntary solutions over private court-based mechanisms. "Reform of collective redress is the hottest topic in European civil justice today. Dr. Hodges, one of the world's leading experts in the field, provides a deeply informed evaluation of the current debates. Illustrative case studies drawn from both consumer protection and competition areas enrich and ground his provocative analysis of the complex issues at stake making this a "must-have" book for every practitioner, academic and policy-maker in the field". Professor Jane Stapleton, Australian National University, and University of Texas, Austin.
Download or read book Intimate Lies and the Law written by Jill Elaine Hasday and published by Oxford University Press. This book was released on 2019-06-25 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jill Elaine Hasday's Intimate Lies and the Law won the Scribes Book Award from the American Society of Legal Writers "for the best work of legal scholarship published during the previous year" and the Foreword INDIES Book of the Year Award for Family and Relationships. Intimacy and deception are often entangled. People deceive to lure someone into a relationship or to keep her there, to drain an intimate's bank account or to use her to acquire government benefits, to control an intimate or to resist domination, or to capture myriad other advantages. No subject is immune from deception in dating, sex, marriage, and family life. Intimates can lie or otherwise intentionally mislead each other about anything and everything. Suppose you discover that an intimate has deceived you and inflicted severe-even life-altering-financial, physical, or emotional harm. After the initial shock and sadness, you might wonder whether the law will help you secure redress. But the legal system refuses to help most people deceived within an intimate relationship. Courts and legislatures have shielded this persistent and pervasive source of injury, routinely denying deceived intimates access to the remedies that are available for deceit in other contexts. Intimate Lies and the Law is the first book that systematically examines deception in intimate relationships and uncovers the hidden body of law governing this duplicity. Hasday argues that the law has placed too much emphasis on protecting intimate deceivers and too little importance on helping the people they deceive. The law can and should do more to recognize, prevent, and redress the injuries that intimate deception can inflict.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Constitutional Torts and the War on Terror written by James E. Pfander and published by Oxford University Press. This book was released on 2017 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government accountability in the nineteenth century -- Bivens and government accountability in the twentieth century -- Human rights and War on Terror litigation -- Evaluating the effectiveness of Bivens litigation -- Evaluating justifications for judicial silence -- Congressional ratification of the bivens action -- Applying Bivens to conduct outside of the United States -- Overcoming qualified immunity -- Common-law solutions to judge-made problems
