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‘A Sort of Farewell’: Sovereignty, Transition, and Devolution in the United Kingdom

John Morison.

in Sovereignty and the Law

November 2013; p ublished online January 2014 .

Chapter. Subjects: Constitutional and Administrative Law; Jurisprudence and Philosophy of Law. 13824 words.

Developing Michel Foucault’s famous remark about cutting off the King’s head this Chapter considers the persistence of sovereignty in constitutional discussion, particularly in the area of...

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Actions and Accusations

Luís Duarte d’Almeida.

in Allowing for Exceptions

March 2015; p ublished online May 2015 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Constitutional and Administrative Law. 13783 words.

This chapter tests the proof-based account of legal exceptions by looking at the paradigmatic field of ascriptions of responsibility. The goal is to offer an account of defeasibility in a...

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Administrative Litigation and the Rule of Law in Israel and the United States: A Comment on <i>Lawyering for the Rule of Law</i>

Edward L. Rubin.

in Jerusalem Review of Legal Studies

June 2015; p ublished online April 2015 .

Journal Article. Subjects: Constitutional and Administrative Law; Human Rights and Immigration; Public International Law; Jurisprudence and Philosophy of Law. 7691 words.

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Affirmative Action

Tarunabh Khaitan.

in A Theory of Discrimination Law

May 2015; p ublished online August 2015 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Constitutional and Administrative Law. 10952 words.

Affirmative action measures, properly so called, are designed to benefit any members of one or more protected group(s) qua such membership. In order to be legitimate, these measures should...

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A-Legality

Hans Lindahl.

in Fault Lines of Globalization

September 2013; p ublished online January 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Constitutional and Administrative Law. 17237 words.

The chapter provides a comprehensive analysis, in five stages, of the key category of the book as a whole: a-legality develops in five stages. The first stage parses the concept of...

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Allowing for Exceptions

Luís Duarte d'Almeida.

March 2015; p ublished online May 2015 .

Book. Subjects: Jurisprudence and Philosophy of Law; Constitutional and Administrative Law. 320 pages.

You find yourself in a court of law, accused of having hit someone. What can you say to avoid conviction? One thing you can do is simply to deny the accusation: ‘No’, you claim, ‘I didn’t...

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The Antidiscrimination Duty

Tarunabh Khaitan.

in A Theory of Discrimination Law

May 2015; p ublished online August 2015 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Constitutional and Administrative Law. 23053 words.

Restated in conceptually clearer terms, the antidiscrimination duty (which entails the prohibition on direct and indirect discrimination and ground-sensitive harassment, and the provision...

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The Architecture of Discrimination Law

Tarunabh Khaitan.

in A Theory of Discrimination Law

May 2015; p ublished online August 2015 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Constitutional and Administrative Law. 20370 words.

Its protectorate, its duty-bearers, and the duties it imposes determine the basic structure of discrimination law. A protected ground must: (i) be a personal characteristic that classifies...

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Are Shorter Judgments Achievable?

Mary Arden.

in Common Law and Modern Society

December 2015; p ublished online March 2016 .

Chapter. Subjects: Constitutional and Administrative Law; Jurisprudence and Philosophy of Law. 3103 words.

This chapter addresses the issue of the increasing length of written judgments. This trend can partly be explained by the increasing complexity of modern legislation; and some cases require...

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Arguing about the Normativity of Jurisprudence: Comments on Andrei Marmor's <i>Philosophy of Law</i>

Jeremy Waldron.

in Jerusalem Review of Legal Studies

December 2014; p ublished online July 2014 .

Journal Article. Subjects: Constitutional and Administrative Law; Human Rights and Immigration; Public International Law; Jurisprudence and Philosophy of Law. 5862 words.

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