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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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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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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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Conclusions

Rosara Joseph.

in The War Prerogative

September 2013; p ublished online January 2014 .

Chapter. Subjects: Constitutional and Administrative Law; History of Law. 1147 words.

This concluding chapter summarises the answers to the three questions posed in chapter 1. On the first question, it concludes that there has been an ongoing assertion in political and...

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Conclusions

Bonny Ibhawoh.

in Imperial Justice

October 2013; p ublished online January 2014 .

Chapter. Subjects: History of Law; Constitutional and Administrative Law. 6691 words.

This chapter concludes the book and recaps its key arguments. It argues that imperial courts were central to the construction and contestation of colonial difference as well as to the...

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Congressional Ratification of the <i>Bivens</i> Action

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. 8157 words.

This chapter suggests a solution to the problem of how to determine when to recognize a Bivens action. Instead of the case-by-case analysis that they now conduct, courts should presume the...

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