Author : Andrew S. Gold
Publisher : Oxford Legal Philosophy
Page : 257 pages
File Size : 39,76 MB
Release : 2020
Category : Law
ISBN : 0198814402
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'.
Author : Ronald J. Krotoszynski
Publisher : Yale University Press
Page : 427 pages
File Size : 22,77 MB
Release : 2012-04-24
Category : Law
ISBN : 0300149905
Since the 2004 presidential campaign, when the Bush presidential advance team prevented anyone who seemed unsympathetic to their candidate from attending his ostensibly public appearances, it has become commonplace for law enforcement officers and political event sponsors to classify ordinary expressions of dissent as security threats and to try to keep officeholders as far removed from possible protest as they can. Thus without formally limiting free speech the government places arbitrary restrictions on how, when, and where such speech may occur.
Author : Richard Vernon
Publisher : A&C Black
Page : 186 pages
File Size : 45,43 MB
Release : 2012-07-12
Category : Philosophy
ISBN : 1441121315
An introduction to the philosophical implications of the recent surge of political and ethical interest in historical redress.
Author : Ilaria Bottigliero
Publisher : Springer
Page : 320 pages
File Size : 39,10 MB
Release : 2013-11-11
Category : Law
ISBN : 9401760276
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.
Author : GOLD.
Publisher :
Page : pages
File Size : 17,9 MB
Release :
Category :
ISBN : 9780191851933
Author : Andrew S. Gold
Publisher : Oxford University Press
Page : 208 pages
File Size : 37,55 MB
Release : 2020-07-17
Category : Law
ISBN : 0192545582
The law enables private parties to undo the wrongs committed against them, allowing victims to seek redress. A distinctive kind of justice governs our legal rights of redress, different from the leading corrective justice approaches. Through analysis of this key idea, The Right of Redress helps to make sense of tort, contract, fiduciary law, and unjust enrichment doctrine. When a wrong is remedied, the authorship of that remedy matters. The justice in private law is sensitive to a right holder's authorship, and understanding how solves a number of legal theory puzzles. Many forms of redress are only available with state assistance, and a full account of private law requires an account of the state's responsibility to assist. It also requires an explanation of those cases in which the state declines to assist. Prior accounts have drawn on Kantian principles or a Lockean social contract theory, where The Right of Redress, drawing on public fiduciary theory, develops a distinctive account of the state's role. This book offers a new take on various modern features of the private law landscape, ranging from equity, to damage caps, to arbitration, to corporate claims, to class actions. The Right of Redress thus offers a pathbreaking account of the justice in private law, the political theory that underlies it, and the contemporary features that shape our rights of redress today.
Author : A. Naomi Paik
Publisher : UNC Press Books
Page : 332 pages
File Size : 22,8 MB
Release : 2016-01-08
Category : History
ISBN : 1469626322
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.
Author : Alexia Pato
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 15,76 MB
Release : 2019-07-11
Category : Law
ISBN : 1509930310
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.
Author : Michael T. Martin
Publisher : Duke University Press
Page : 725 pages
File Size : 41,8 MB
Release : 2007-07-16
Category : Social Science
ISBN : 0822389819
An exceptional resource, this comprehensive reader brings together primary and secondary documents related to efforts to redress historical wrongs against African Americans. These varied efforts are often grouped together under the rubric “reparations movement,” and they are united in their goal of “repairing” the injustices that have followed from the long history of slavery and Jim Crow. Yet, as this collection reveals, there is a broad range of opinions as to the form that repair might take. Some advocates of redress call for apologies; others for official acknowledgment of wrongdoing; and still others for more tangible reparations: monetary compensation, government investment in disenfranchised communities, the restitution of lost property and rights, and repatriation. Written by activists and scholars of law, political science, African American studies, philosophy, economics, and history, the twenty-six essays include both previously published articles and pieces written specifically for this volume. Essays theorize the historical and legal bases of claims for redress; examine the history, strengths, and limitations of the reparations movement; and explore its relation to human rights and social justice movements in the United States and abroad. Other essays evaluate the movement’s primary strategies: legislation, litigation, and mobilization. While all of the contributors support the campaign for redress in one way or another, some of them engage with arguments against reparations. Among the fifty-three primary documents included in the volume are federal, state, and municipal acts and resolutions; declarations and statements from organizations including the Black Panther Party and the NAACP; legal briefs and opinions; and findings and directives related to the provision of redress, from the Oklahoma Commission to Study the Tulsa Race Riot of 1921 to the mandate for the Greensboro Truth and Reconciliation Commission. Redress for Historical Injustices in the United States is a thorough assessment of the past, present, and future of the modern reparations movement. Contributors. Richard F. America, Sam Anderson, Martha Biondi, Boris L. Bittker, James Bolner, Roy L. Brooks, Michael K. Brown, Robert S. Browne, Martin Carnoy, Chiquita Collins, J. Angelo Corlett, Elliott Currie, William A. Darity, Jr., Adrienne Davis, Michael C. Dawson, Troy Duster, Dania Frank, Robert Fullinwider, Charles P. Henry, Gerald C. Horne, Robert Johnson, Jr., Robin D. G. Kelley, Jeffrey R. Kerr-Ritchie, Theodore Kornweibel, Jr., David Lyons, Michael T. Martin, Douglas S. Massey , Muntu Matsimela , C. J. Munford, Yusuf Nuruddin, Charles J. Ogletree Jr., Melvin L. Oliver, David B. Oppenheimer, Rovana Popoff, Thomas M. Shapiro, Marjorie M. Shultz, Alan Singer, David Wellman, David R. Williams, Eric K. Yamamoto, Marilyn Yaquinto
Author : Sonia Macleod
Publisher : Bloomsbury Publishing
Page : 731 pages
File Size : 20,33 MB
Release : 2017-11-30
Category : Law
ISBN : 1509916636
This ground-breaking book takes a fresh look at potential non-litigation solutions to providing personal injury compensation. It is the first systematic comparative study of such a large number – over forty – of personal injury compensation schemes. It covers the drivers for their creation, the frameworks under which they operate, the criteria and thresholds used, the compensation offered, the claims process, statistics on throughput and costs, and analysis of financial costings. It also considers and compares the successes and failings of these schemes. Many different types of redress providers are studied. These include the comprehensive no-blame coverage offered by the New Zealand Accident Compensation Corporation; the widely used Patient, Pharmaceutical, Motor Accident and Workers Compensation Insurance systems of the Nordic states; the far smaller issue-focused schemes like the UK Thalidomide and vCJD Trusts; vaccine damage schemes that exist in many countries; as well as motor vehicle schemes from the USA. Conclusions are drawn about the functions, essential requirements, architecture, scope, operation and performance of personal injury compensation systems. The relationships between such schemes, the courts and regulators are also discussed, and both calls and need for reforms are noted. Noting the wide calls for reform of NHS medical negligence litigation within the UK, and its replacement with a no blame approach, the authors' findings outline options for future policy in this area. This major contribution builds on general shifts from courts to ADR, and from blame to no blame in regulation, and is a work that has the potential to have a major impact on the field of personal injury redress. With contributions by Raymond Byrne, Claire Bright, Shuna Mason, Magdalena Tulibacka, Matti Urho, Mary Walker and Herbert Woopen.
