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This book shows how an increasingly conservative Supreme Court has undermined the enforcement of rights through strategies rejected by Congress.
We are now more than half a century removed from height of the rights revolution, a time when the federal government significantly increased legal protection for disadvantaged individuals and groups, leading in the process to a dramatic expansion in access to courts and judicial authority to oversee these protections. Yet while the majority of the landmark laws and legal precedents expanding access to justice remain intact, less than two percent of civil cases are decided by a trial today. What explains this phenomenon, and why it is so difficult to get one's day in court? No Day in Court examines the sustained efforts of political and legal actors to scale back access to the courts in the decades since it was expanded, largely in the service of the rights revolution of the 1950s and 1960s. Since that time, for political, ideological, and practical reasons, a multifaceted group of actors have attempted to diminish the role that courts play in American politics. Although the conventional narrative of backlash focuses on an increasingly conservative Supreme Court, Congress, and activists aiming to constrain the developments of the Civil Rights era, there is another very important element to this story, in which access to the courts for rights claims has been constricted by efforts that target the "rules of the game: " the institutional and legal procedures that govern what constitutes a valid legal case, who can be sued, how a case is adjudicated, and what remedies are available through courts. These more hidden, procedural changes are pursued by far more than just conservatives, and they often go overlooked. No Day in Court explores the politics of these strategies and the effect that they have today for access to justice in the U.S.
"Retrenchment Law in South Africa provides a detailed and comprehensive analysis of retrenchment law in South Africa. The author provides new, critical insight into the interplay between case law and legislative developments. The 2014 amendments to the Labour Relations Act are considered as well as the potential unintended consequences of these amendments (such as the impact of ss 198 A (b) (ii) and s 198 B (5) on an employer's ability to retrench). The book examines the meaning of the term operational requirements with extensive reference to case law and use of creative examples and hypotheticals. Retrenchment Law in South Africa covers complex issues such as bumping and timing periods in the case of large-scale retrenchments. The author provides useful international comparisons in particular the ILO convention and the EUs Directive on Collective Redundancies. Practitioners and academics will benefit from this useful examination of retrenchment law. Who is the book aimed at? Labour law practitioners, post graduate students, union officials, commissioners arbitrators, HR Directors and judges."--Publisher's website.
Challenges the claim to elevate the theory of abuse of rights to the status of a general principle of law.
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
With its insights into contemporary racial politics, "The Unsteady March" offers a penetrating and controversial analysis of American race relations across two centuries.
This book offers a careful examination of the politics of social policy in an era of austerity and conservative governance. Focusing on the administrations of Ronald Reagan and Margaret Thatcher, Pierson provides a compelling explanation for the welfare state's durability and for the few occasions where each government was able to achieve significant cutbacks. The programmes of the modern welfare state - the 'policy legacies' of previous governments - generally proved resistant to reform. Hemmed in by the political supports that have developed around mature social programmes, conservative opponents of the welfare state were successful only when they were able to divide the supporters of social programmes, compensate those negatively affected, or hide what they were doing from potential critics. The book will appeal to those interested in the politics of neo-conservatism as well as those concerned about the development of the modern welfare state. It will attract readers in the fields of comparative politics, public policy, and political economy.
In conjunction with the 50th anniversary of the creation of the Environmental Protection Agency, this book brings together leading scholars and EPA veterans to provide a comprehensive assessment of the agency’s key decisions and actions in the various areas of its responsibility. Themes across all chapters include the role of rulemaking, negotiation/compromise, partisan polarization, judicial impacts, relations with the White House and Congress, public opinion, interest group pressures, environmental enforcement, environmental justice, risk assessment, and interagency conflict. As no other book on the market currently discusses EPA with this focus or scope, the authors have set out to provide a comprehensive analysis of the agency’s rich 50-year history for academics, students, professional, and the environmental community.