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A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court

A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court

Chemerinsky Erwin: Closing the
Courthouse Door

Closing the Courthouse Door

How Your Constitutional Rights Became Unenforceable

Why Intersectional Discrimination Matters

Breaking Down Barriers to Rights for Unaccompanied Children in Migration

The 'fresh start' that is afforded individual debtors through the discharge doctrines of American bankruptcy law has, to date, defied justification by a single normative principle or theoretical paradigm. The justificatory accounts that have been advanced either fail to explain core doctrines that have long defined the right of discharge or invite theoretical challenges that suggest that their descriptive virtues are swamped by their normative or conceptual shortcomings. This book presents a taxonomy of traditional justifications of bankruptcy and subjects them to critical evaluation. It then seeks to offer a new justification of bankruptcy's 'fresh start' doctrines-one that takes its inspiration from a quite different moral tradition than those that have informed past efforts to justify and explain our enduring societal willingness to release people from onerous financial obligations. The book argues that personal debt relief is fully vindicated not by a utilitarian theory, nor by a distributive justice theory, nor by a retributive theory, nor by any other rights- or duties-based theory that is preoccupied with moral claims that particular creditors or debtors might proffer. Rather, the long-standing institution of discharge in bankruptcy is best explained by an aretaic, or virtue-based, theory that concerns itself with the obligations that the rest of us have to be charitable towards those who are unable to repay their debts. The fresh start that bankruptcy gives to those who have been shackled by overwhelming debt is justified not by its effects on creditors, debtors, or future market actors, but by its satisfaction of the demands of individual charity to which all citizens are subject. Bankruptcy's discharge of the debts of those who have become financially desperate is best thought to be an institution that aggregates others' demands of good character so as to permit citizens for whom debt-forgiveness is a personal virtue to live in a society that fulfils that virtue.

Why should debtors who default on their obligations be forgiven? Focusing on this central question at the heart of bankruptcy, this book challenges the theoretical foundations of insolvency law, exploring the economic and moral rationales for the law's decision to wipe the slate clean.

The Virtue of Bankruptcy

Debts and the Demands of Conscience

Hart Studies in European Criminal Law

This collection looks at the protection of victims' rights in EU law. Taking a four-part approach, it firstly focuses on the Victims' Rights Directive and the proposal for a Directive on combating violence against women. It then explores victims' rights in the national laws of the Member States, including France, Germany, Hungary, the Netherlands, Romania, Lithuania and Ireland. Finally it analyses the main challenges in the field and the need for coherence between the different competing interests.

Assessment and Prospects

Stronger Victims’ Rights in EU Law?

This book sheds light on the under-examined theme of the drafting of equality rights in constitutional bills of rights. It focuses on three jurisdictions where equality has been central to constitutional debate: South Africa, Canada, Northern Ireland. Avoiding the tendency in much of comparative constitutional law literature to focus on the work of courts, this work draws on empirical research to provide a comprehensive account of the different aspects of the drafting process and difficulties societies face when designing equality rights in bills of rights. The book does this by providing the first systematic analysis of three jurisdictions (South Africa, Canada and Northern Ireland) which have adopted, or debated the adoption of, bills of rights. This is a timely and fascinating book which will help shape and share comparative constitutional scholarship. The book demonstrates how the drafting of an equality provision in bills of rights must be understood against the local background political context in which it is immersed. As the book contains a structured comparison of three countries, it has a wide reach: it provides an essential guide for human rights campaigners, the community and voluntary sector, constitutional law practitioners, the international community, politicians and government, academics and students who wish to know more about the importance of the drafting process and, in particular, the choices raised in drafting equality rights provisions. It is in this context that the comparative experience of the three chosen jurisdictions is indispensable and relevant.

Shines a light on the under-examined theme of the drafting of equality rights in constitutional bills of rights.

The Drafting of Bills of Rights

Negotiating Social Justice

American government is broken. The country that built the national highway system and created Social Security and Medicare can now barely manage the basics. What went wrong?University of Michigan Law professor Nicholas Bagley argues that America's obsessively legalistic approach to governance-our "procedure fetish"-has strangled progress. Beginning in the late 1960s, reformers concerned about reckless postwar development crafted rules and procedures to minimize social and environmental harm from government action. These reformers had the best of intentions. Their obsession, however, has now grown into a legal regime that prioritizes process over outcomes, stasis over progress, and lawsuits over results. It's time to stop assuming that well-intentioned procedures are good because they're well-intentioned, and instead think hard about how to make our institutions genuinely effective. With deep insider knowledge, incisive analysis, and fluid storytelling, Why We Can't Have Nice Things identifies a fatal flaw in American governance-and our potential path forward.

How Legal Reformers Accidentally Broke America

Why We Can't Have Nice Things

Anthem Environment and Sustainability Initiative

This book considers the value of constitutional environmental rights in protecting water resources through an examination of the legal strategies utilized by communities engaged in protracted mining conflicts, including oil sands development in the Canadian boreal forest and gold mining in ecologically sensitive, glacier-rich areas of Argentina.

Water, Oil and Gold

The Power of Constitutional Rights in Resource Conflicts

Cambridge Studies on Civil Rights and Civil Liberties

This book reveals how Congress quietly shaped American elections across more than a century of constitutional development. Far from a passive observer, Congress used its authority to influence key controversies - from the expansion of slavery in new territories to the reconstruction of the post-Civil War electorate. Congress exercised power under the Elections Clause, the Guarantee Clause, and later, the Fourteenth and Fifteenth Amendments, to combat voter suppression, reimagine representation, and determine who could (and could not) participate in American democracy. Even as Jim Crow laws disenfranchised millions, Congress continued to review and sometimes overturn the elections of its own members, refusing to cede complete control to the states. In doing so, Congress routinely subordinated federalism to politics. In Congress We Trust? provides a new perspective on who truly governs our system of elections by showing that federal authority has been broad, lasting, and decisive.

Enforcing Voting Rights from the Founding to the Jim Crow Era

In Congress We Trust?

edition suhrkamp

Wie man Populisten besiegt

Gegen den liberalen Defätismus

Hart Studies in Security and Justice

This book examines the constitutional treatment of national security in the UK, Canada, Australia and New Zealand. These four states share their Commonwealth heritage and are members, alongside the USA, of the Five Eyes intelligence-sharing alliance. The book takes a comparative approach to the institutions through which, and tools with which, these four states seek to protect their national security against the threats of both terrorism and hostile state activity and how they have evolved over time. It identifies and examines the various specialised institutions, inside and outside of legislatures, which have grown up to oversee the exercise of public power for national security purposes while maintaining the required secrecy. It argues that the extent of the borrowing and sharing between these jurisdictions in the domain of national security, now and in the past, permits us to talk about a Commonwealth model of national security constitutionalism.

National Security Constitutionalism in the Commonwealth Five Eyes States

This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation

The Principles of Family Business Law offers an accessible approach to legal issues that shape family businesses. Drawing on years of research, the book introduces three principles - intimacy, integration, and inheritance - that explain why family businesses are distinctive and how, with proper guidance, they can thrive. The book examines recurring problems such as role conflicts among family members, succession planning obstacles, and ownership disputes. Vivid case studies illustrate how legal rules interact with family dynamics in practice. Designed for scholars, students, lawyers, and business advisors, the book integrates insights from corporate law, family law, and estate planning, while remaining readable and grounded in real-world concerns. Whether used in the classroom or in practice, it provides essential tools for navigating the complex interplay of law and family business. By supporting the resilience of family businesses, the book affirms the family and community values they help to sustain.

The Principles of Family Business Law

This book tackles pressing moral questions raised by legal rights-differentiation by citizenship status by drawing on the ethics of migration, citizenship, multiculturalism, refuge as well as on normative theories of law, territory, and settler colonialism.

Justice for Denizens

Closing the Courthouse Door

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