Rights and Retrenchment

Rights and Retrenchment PDF

Author: Stephen B. Burbank

Publisher: Cambridge University Press

Published: 2017-04-18

Total Pages: 299

ISBN-13: 1107136997

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This book shows how an increasingly conservative Supreme Court has undermined the enforcement of rights through strategies rejected by Congress.

No Day in Court

No Day in Court PDF

Author: Sarah L. Staszak

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 321

ISBN-13: 0199399042

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While the majority of the landmark laws and legal precedents expanding access to justice in the United States remain intact, less than 2 percent of civil cases are decided by a trial today. What explains this phenomenon, and why it is so difficult to get one's day in court? This book examines the sustained efforts of political and legal actors to scale back access to the courts in the decades since it was expanded, largely in the service of the rights revolution of the 1950s and 60s.

Rights and Retrenchment

Rights and Retrenchment PDF

Author: Stephen B. Burbank

Publisher: Cambridge University Press

Published: 2017-04-18

Total Pages: 299

ISBN-13: 110818409X

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This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.

No Day in Court

No Day in Court PDF

Author: Sarah L. Staszak

Publisher: Oxford University Press

Published: 2015

Total Pages: 321

ISBN-13: 0199399034

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Revision of author's disseration (doctoral - Brandeis University, 2010), issued under title: The politics of judicial retrenchment.

Retrenchment Law in South Africa

Retrenchment Law in South Africa PDF

Author: Rochelle Le Roux

Publisher:

Published: 2016

Total Pages: 228

ISBN-13: 9780409124163

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"Retrenchment Law in South Africa provides a detailed and comprehensive analysis of retrenchment law in South Africa. The author provides new, critical insight into the interplay between case law and legislative developments. The 2014 amendments to the Labour Relations Act are considered as well as the potential unintended consequences of these amendments (such as the impact of ss 198 A (b) (ii) and s 198 B (5) on an employer's ability to retrench). The book examines the meaning of the term operational requirements with extensive reference to case law and use of creative examples and hypotheticals. Retrenchment Law in South Africa covers complex issues such as bumping and timing periods in the case of large-scale retrenchments. The author provides useful international comparisons in particular the ILO convention and the EUs Directive on Collective Redundancies. Practitioners and academics will benefit from this useful examination of retrenchment law. Who is the book aimed at? Labour law practitioners, post graduate students, union officials, commissioners arbitrators, HR Directors and judges."--Publisher's website.

The Unruly Notion of Abuse of Rights

The Unruly Notion of Abuse of Rights PDF

Author: Jan Paulsson

Publisher: Cambridge University Press

Published: 2020-08-06

Total Pages: 159

ISBN-13: 1108840698

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Challenges the claim to elevate the theory of abuse of rights to the status of a general principle of law.

The Unsteady March

The Unsteady March PDF

Author: Philip A. Klinkner

Publisher: University of Chicago Press

Published: 2002-04

Total Pages: 430

ISBN-13: 9780226443416

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With its insights into contemporary racial politics, "The Unsteady March" offers a penetrating and controversial analysis of American race relations across two centuries.