Arguments that work : strategies, contexts and limits in constitutional litigation / Renata Uitz (ed.).

Format:

Book

Contributor:

Uitz, Renáta.

Series:

Issues in constitutional law ; v. 7.

Issues in constitutional law ; 7

Language:

English

Subjects (All):

Constitutional law.

Human rights.

Civil rights.

Physical Description:

1 online resource (211 p.)

Edition:

1st ed.

Place of Publication:

The Hague ; Portland, OR : Eleven International Publishing, c2013.

Language Note:

English

Summary:

This volume contains the updated papers of the 3rd Annual MAA Peter Schlechtriem CISG Conference, which was held on 14 April 2011 in Vienna. The contributions cover a variety of topics. Subjects discussed include the trends in the relative importance of physical and non-physical attributes of goods in terms of conformity under the CISG, the characteristics of various forms of documentary performance and the outer limits of the CISG in relation to property damages. The book is a valuable resource for both academics and practitioners dealing with international sales

Contents:

""COVER""; ""TABLE OF CONTENTS""; ""LIST OF CONTRIBUTORS""; ""DEFENDING FUNDAMENTAL HUMAN RIGHTS IN CONSTITUTIONAL COURTS: AN INTRODUCTION""; ""PART I: PERSPECTIVES ON FUNDAMENTAL RIGHTS LITIGATION""; ""CHAPTER 1: THE POLITICAL CONSTRUCTION OF HUMAN RIGHTS IN THE UNITED STATES""; ""1.1 INTRODUCTION""; ""1.2 JUDICIAL ACTIVISM AND THE COUNTER-MAJORITARIAN DIFFICULTY""; ""1.3 THE LIMITS OF LEGAL LIBERALISM""; ""1.4 POPULAR CONSTITUTIONALISM""; ""1.5 THE REGIME POLITICS PERSPECTIVE""; ""1.6 HUMAN RIGHTS AS DEMOCRATIC DIALOGUE""; ""CHAPTER 2: THE POST-9/11 ROLE OF THE US SUPREME COURT""

""2.1 FIRST STEPS: RASUL AND HAMDI""""2.2 LESSONS FROM HISTORY""; ""2.3 FURTHER DEVELOPMENTS""; ""2.4 POSTSCRIPT""; ""CHAPTER 3: LITTLE SISTERS V. BIG BROTHER: A BEHIND-THE-SCENES ACCOUNT OF A CONSTITUTIONAL CASE INVOLVING CENSORSHIP BY CANADA CUSTOMS AND A GAY AND LESBIAN BOOKSTORE""; ""CHAPTER 4: HATE SPEECH LITIGATION IN RUSSIA""; ""4.1 THE PROHIBITION OF HATE SPEECH IN RUSSIA: AN ANTI-EXTREMISM PARADIGM""; ""4.2 RUSSIAN LEGAL PRACTICE: TRENDS IN LIGHT OF CASES IN CASES CONCERNING RACIAL AND RELIGIOUS HATRED""; ""4.3 INCITEMENT AGAINST “SOCIAL GROUPS� IN HATE SPEECH CASES""

""4.4 THE ROLE OF EXPERT OPINIONS IN HATE SPEECH CASES""""4.5 CONCLUSION""; ""CHAPTER 5: REFLECTIONS ON EMPLOYMENT DIVISION V. SMITH AND BOERNE V. FLORES AND THE RELATIONSHIP BETWEEN THE LEGAL ACADEMY AND THE UNITED STATES SUPREME COURT ""; ""5.1 EMPLOYMENT DIVISION V. SMITH AND FREE EXERCISE DOCTRINE""; ""5.2 BOERNE V. FLORES AND THE CONSTITUTIONAL LIMITS OF CONGRESSIONAL POWER""; ""5.3 CONCLUSION ""; ""PART II PERSPECTIVES ON THE JUDICIARY""; ""CHAPTER 6: JUDICIAL APPOINTMENTS TO SUPREME COURTS AND CONSTITUTIONAL COURTS: WHAT DO WE SEE AND WHAT ARE WE FATED TO MISS?""

""6.1 PRELIMINARIES ON DESIGNING JUDICIAL APPOINTMENT SCHEMES""""6.2 BASIC MODELS OF JUDICIAL NOMINATION AND APPOINTMENT SYSTEMS""; ""6.3 FREQUENTLY VOICED CONSIDERATIONS FOR IMPROVEMENT REVISITED""; ""6.4 FACTORS SHAPING COURTS AND THEIR JURISPRUDENCE, BUT LESS RELEVANT TO APPOINTMENT POWERS PER SE""; ""6.5 CLOSING REMARKS: WHY BOTHER ABOUT APPOINTMENT POWERS?""; ""CHAPTER 7: IMPOSSIBLE ARGUMENTS""; ""7.1 A DEPRESSIVE STARTING POINT""; ""7.2 AUTHORITARIAN LEGAL CULTURE AND ORGANIZATION""; ""7.3 JUDICIAL ADMINISTRATION: THE CRITICAL FOUNDATION OF JUDICIAL ARGUMENTS""

""7.4 THE ROAD TO JUDICIAL REFORM""""7.5 LEGAL ARGUMENTS: THE EUROPEAN UNION, THE CONSTITUTION, BASIC RIGHTS, AND THE OPPORTUNITY FOR STRATEGIC LITIGATION""; ""7.6 CONCLUSION""; ""CHAPTER 8: TAKING THE SKELETON OUT OF THE CLOSET: THE STORY OF THE ASSESSORS� CASE THAT REBUILT THE POLISH JUSTICE SYSTEM""; ""8.1 INTRODUCTION""; ""8.2 GENERAL OVERVIEW OF THE INSTITUTION OF “ASSESSOR�""; ""8.3 CHALLENGING THE CONSTITUTIONALITY OF ASSESSORS""; ""8.4 WAITING FOR THE JUDGMENT OF THE CONSTITUTIONAL COURT""; ""8.5 JUDGMENT OF THE CONSTITUTIONAL COURT""; ""8.6 IMPLEMENTATION OF THE JUDGMENT""

""8.7 STRASBOURG LITIGATION""

Notes:

Description based upon print version of record.

Includes bibliographical references.

ISBN:

94-6094-676-3

1-283-91272-4

OCLC:

923645634