Unlocking Torts, Kaur Dua

Автор: Pfander, James E.,
Название: Constitutional torts and the War on Terror /
ISBN: 0190495286 ISBN-13(EAN): 9780190495282
Издательство: Oxford Academ
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Описание: Constitutional Torts and the War on Terror examines the judicial response to human rights claims arising from the Bush Administration's war on terror. Despite widespread agreement that the Administration's program of extraordinary rendition, prolonged detention, and enhanced interrogation
was torture by another name, not a single federal appellate court has confirmed an award of damages to the program's victims. The silence of the federal courts leaves victims without redress and the constitutional limits on government action undefined.

Many of the suits seeking redress have been based on the landmark 1971 Supreme Court decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. This book traces the history of common law accountability, the rise of Bivens claims, and the post-Bivens history of constitutional
tort litigation. After evaluating the failure of Bivens litigation arising from the war on terror, the book considers and rejects the arguments that have been put forward to explain and justify judicial silence.

The book provides the Supreme Court with the tools needed to rethink its Bivens jurisprudence. Rather than treating the overseas national security context as disabling, modern federal courts should take a page from the nineteenth century, presume the viability of tort litigation, and proceed to the
merits. Only by doing so can the federal courts ensure redress for victims and prevent future Administrations from using torture as an instrument of official policy.

Автор: Alastair Mullis, Ken Oliphant
Название: Torts 3
ISBN: 0333963792 ISBN-13(EAN): 9780333963791
Издательство: Palgrave
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Описание: A long awaited new edition of this popular textbook which provides an accessible introduction covering the basic principles of the law of torts as well as directing the reader towards the complexities of the subject and its relationship with society. This new edition has been updated to reflect the impact of the Human Rights Act 1998, including analysis of the first cases brought under the Act and relevant decisions by the European Court of Human Rights. It also covers recent developments in the tort of negligence, the law of vicarious liability and the law relating to the calculation of damages. Recent developments in the law of defamation and privacy have highlighted the clash between the freedom of the press and the rights to reputation and privacy. This issue is examined in this new edition, including analysis of the House of Lords decisions in Reynolds v Times Newspapers Ltd. and Douglas v Hello! Ltd. Also covered is the statutory reform of the Consumer Protection Act 1987, with analysis of recent cases considering the Act's effect.