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Towards a Theory of Balancing and Proportionality: The Point and Purpose of Judicial Review

Kai Möller

in The Global Model of Constitutional Rights

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199664603
eISBN:
9780191745751
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664603.003.0005
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter proposes an account of the point and purpose of judicial review under the global model, which reflects attractive conceptions of the values of democracy (political autonomy) and the ... More


The Prosecutor as Regulatory Agency

Rachel E. Barkow

in Prosecutors in the Boardroom: Using Criminal Law to Regulate Corporate Conduct

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814787038
eISBN:
9780814709375
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814787038.003.0008
Subject:
Law, Criminal Law and Criminology

This chapter examines the capacity of both state attorney generals and federal prosecutors to act as regulators based on democratic accountability, institutional competence, and procedural ... More


Agencies, Juries, and the Public Interest

Thomas O. McGarity

in The Preemption War: When Federal Bureaucracies Trump Local Juries

Published in print:
2008
Published Online:
October 2013
ISBN:
9780300122961
eISBN:
9780300152203
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300122961.003.0007
Subject:
Law, Company and Commercial Law

This chapter focuses exclusively on the question of institutional competence, and the two chapters that follow examine the other arguments for and against preemption. Among other things, this chapter ... More


The Court’s Dilemma in Social Rights’ Enforcement

Octávio Luiz Motta Ferraz

in Constitutionalism: Old Dilemmas, New Insights

Published in print:
2021
Published Online:
July 2021
ISBN:
9780192896759
eISBN:
9780191919046
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192896759.003.0011
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter presents a critical approach towards the role that many courts are assuming in the protection of socio-economical rights in the Latin American context. It argues that the proper role of ... More


Forms of Transitional Justice

Jeremy Webber

in Transitional Justice: NOMOS LI

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814794661
eISBN:
9780814725276
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814794661.003.0004
Subject:
Political Science, Political Theory

This chapter focuses on the three forms of justice—the retrospective (backward-looking), the prospective (forward-looking), and the adjustment of contending legal and political orders. These forms ... More


Decision Theory and Allocating Decision Making in the Firm

Julian Velasco

in Theories of Choice: The Social Science and the Law of Decision Making

Published in print:
2021
Published Online:
February 2021
ISBN:
9780198863175
eISBN:
9780191895678
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198863175.003.0011
Subject:
Law, Company and Commercial Law

Sometimes it is possible to deal productively with the subject matter of choosing and making decisions without actually settling upon any particular theory of choice. This is the case in the law of ... More


Judge Henry Friendly and the Mirror of Constitutional Law

Michael Boudin

in The Embattled Constitution

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814770122
eISBN:
9780814762806
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814770122.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the legacy of Henry Friendly, who served as a judge on the U.S. Court of Appeals for the Second Circuit from 1959 until his death in 1986, in the area of constitutional law. ... More


Conclusion: Balancing Wealth and Health in a Transnational Regulatory Framework

Rochelle Dreyfuss and César Rodríguez-Garavito

in Balancing Wealth and Health: The Battle over Intellectual Property and Access to Medicines in Latin America

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199676743
eISBN:
9780191756283
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676743.003.0014
Subject:
Law, Intellectual Property, IT, and Media Law, Competition Law

The preceding case studies have demonstrated how countries sought to utilize flexibilities in the Trade-Related Aspects of Intellectual Property (TRIPS) Agreement to keep as much material as possible ... More


Judicial Deference

Robert H. Wagstaff

in Terror Detentions and the Rule of Law: US and UK Perspectives

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199301553
eISBN:
9780199344895
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199301553.003.0010
Subject:
Law, Public International Law, Comparative Law

Parliamentary sovereignty addresses jurisdictional matters: does the court have the authority to speak? Judicial deference is a subset: the court has the authority to speak but sometimes it chooses ... More


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