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Constitutional Torts
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Constitutional Torts and the War on Terror
Government accountability in the nineteenth century -- Bivens and government accountability in the twentieth century -- Human rights and War on Terror litigation -- Evaluating the effectiveness of Bivens litigation -- Evaluating justifications for judicial silence -- Congressional ratification of the bivens action -- Applying Bivens to conduct outside of the United States -- Overcoming qualified immunity -- Common-law solutions to judge-made problems
Constitutional Torts
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Constitutional Torts
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Constitutional Torts
To view or download the 2018 Supplement to this book, click here. This casebook emphasizes important circuit court decisions together with relevant Supreme Court case law. This enables students to see how principles articulated in Supreme Court decisions are implemented by lower courts. Constitutional Torts also addresses affirmative duties, constitutional tort actions in state courts, and attorney's fees. Further, this book is organized around the statutory language of section 1983, thereby driving home the crucial distinction between prima facie cases and constitutional tort immunities and defenses. The fourth edition covers Supreme Court decisions from the past several years, including Mi...
Constitutional Damages Worldwide
"Constitutional Damages Worldwide examines claims for damages for the breach of human rights provisions under constitutions around the globe, including claims for constitutional torts in the United States, claims under the English Human Rights Act, and claims under the New Zealand Bill of Rights. It covers case law from more than 30 jurisdictions, including Canada, the Asia-Pacific region, Africa, and the Caribbean, and also claims for just satisfaction under the European Convention on Human Rights.
Damages and Human Rights
Winner of the 2018 Inner Temple New Authors Book Prize and the 2016 SLS Peter Birks Prize for Outstanding Legal Scholarship. Damages and Human Rights is a major work on awards of damages for violations of human rights that will be of compelling interest to practitioners, judges and academics alike. Damages for breaches of human rights is emerging as an important and practically significant field of law, yet the rules and principles governing such awards and their theoretical foundations remain underexplored, while courts continue to struggle to articulate a coherent law of human rights damages. The book's focus is English law, but it draws heavily on comparative material from a range of comm...
Fundamental Rights and Private Law in Europe
The book explores, from a comparative and inter-disciplinary perspective, the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or ‘horizontal effect of fundamental rights’. It discusses the different models of ‘horizontal effect’ and the impact that fundamental rights may have in shaping tort law, especially the position of child tortfeasors. The book concentrates on several European jurisdictions, namely France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. At a crossroad between human rights and European private law, this study draws insights from several legal fields (international, European, tort, ...
