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Constitutional and Administrative Law x History of Law x clear all

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Africa and the Umpires of Empire

Bonny Ibhawoh.

in Imperial Justice

October 2013; p ublished online January 2014 .

Chapter. Subjects: History of Law; Constitutional and Administrative Law. 12378 words.

This chapter introduces the key questions addressed in the book. It theorizes judicial discourses of colonial difference and imperial universalism. It explores how these notions of native...

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Agency and Autonomy in Unjust Enrichment Law

Alan Brudner.

in The Unity of the Common Law

October 2013; p ublished online January 2014 .

Chapter. Subjects: Constitutional and Administrative Law; History of Law. 17225 words.

This chapter elucidates the normative basis of unjust enrichment. It considers whether unjust enrichment fits within the formalist framework that treats the free will as the sole aspect of...

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Alec Stone Sweet and Florian Grisel, <i>The Evolution of International Arbitration. Judicialization, Governance, Legitimacy</i>.

Mikaël Schinazi.

in American Journal of Legal History

March 2018; p ublished online January 2018 .

Journal Article. Subjects: History of the Americas; Legal and Constitutional History; Constitutional and Administrative Law; History of Law; Jurisprudence and Philosophy of Law. 829 words.

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Antonio Padoa-Schioppa, <i>Storia del diritto in Europa. Dal medioevo all’età contemporanea</i>Antonio Padoa-Schioppa, <i>A History of Law in Europe: From the Early Middle Ages to the Twentieth Century</i>

Annamaria Monti.

in American Journal of Legal History

March 2018; p ublished online February 2018 .

Journal Article. Subjects: History of the Americas; Legal and Constitutional History; Constitutional and Administrative Law; History of Law; Jurisprudence and Philosophy of Law. 765 words.

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Applying <i>Bivens</i> to Conduct Outside the United States

James E. Pfander.

in Constitutional Torts and the War on Terror

February 2017; p ublished online January 2017 .

Chapter. Subjects: Constitutional and Administrative Law; History of Law. 9613 words.

This chapter explores the legal doubts that stem from the proposed extraterritorial application of U.S. law, doubts to which a number of federal courts have given voice in declining to...

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Authority, Intention, and Interpretation

Aditi Bagchi.

in The Legacy of Ronald Dworkin

May 2016; p ublished online May 2016 .

Chapter. Subjects: History of Law; Constitutional and Administrative Law. 9625 words.

This essay explores and builds on the link between authority and interpretation in Ronald Dworkin’s Law’s Empire. Dworkin argued that legal rules should be interpreted as consistent with...

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<i>Bivens</i> and Government Accountability in the Twentieth Century

James E. Pfander.

in Constitutional Torts and the War on Terror

February 2017; p ublished online January 2017 .

Chapter. Subjects: Constitutional and Administrative Law; History of Law. 3942 words.

This chapter moves to the twentieth century, exploring the background of the action brought by Webster Bivens and the factors that led the Court to federalize what had been up to then a...

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Claire Zalc, <i>Dénaturalisés. Les retraits de nationalité sous Vichy</i>

Guillaume Richard.

in American Journal of Legal History

March 2018; p ublished online January 2018 .

Journal Article. Subjects: History of the Americas; Legal and Constitutional History; Constitutional and Administrative Law; History of Law; Jurisprudence and Philosophy of Law. 907 words.

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Common-Law Solutions to Judge-Made Problems

James E. Pfander.

in Constitutional Torts and the War on Terror

February 2017; p ublished online January 2017 .

Chapter. Subjects: Constitutional and Administrative Law; History of Law. 3264 words.

This chapter provides concluding thoughts on the role of the federal courts in ensuring government accountability. Much has changed since the early Republic, when the presumptive viability...

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Concern and Respect in Procedural Law

Hamish Stewart.

in The Legacy of Ronald Dworkin

May 2016; p ublished online May 2016 .

Chapter. Subjects: History of Law; Constitutional and Administrative Law. 8472 words.

In “Principle, Policy, Procedure,” Ronald Dworkin poses the following conundrum: In every substantive legal dispute, one party has, as a matter of political morality, a right to win. Yet in...

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