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Book
ix, 250 p. ; 24 cm.
  • 1. Introduction: understanding global procedural justice-- Part I. Procedural Rights and Magna Carta's Legacy: 2. Magna Carta and the interstices of procedure-- 3. The nature and value of procedural rights-- 4. International law and the inner morality of law-- Part II. Habeas Corpus and Jus Cogens: 5. Habeas corpus as a minimalist right-- 6. Due process, judicial review, and expanding habeas corpus-- 7. Habeas corpus as jus cogens in international law-- Part III. Deportation, Outlawry and Trial by Jury: 8. Collective punishment and mass confinement-- 9. Non-refoulement and rendition-- 10. The right to be subject to international law-- Part IV. Security and Global Institutions: 11. Alternative institutional structures-- 12. Global procedural rights and security.
  • (source: Nielsen Book Data)9780521762724 20160603
The idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law. Focussing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus (not to be arbitrarily incarcerated) and nonrefoulement (not to be sent to a state where harm is likely), he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of global justice, and argues that due process should be recognised as jus cogens, as universally binding in international law. His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law.
(source: Nielsen Book Data)9780521762724 20160603
Law Library (Crown)
Book
xiv, 236 p. : ill., map ; 23 cm.
SAL1&2 (on-campus shelving)
Book
98 p. ; 25 cm.
Hoover Library

4. Ti shen fa lun [1947]

Book
26 p : forms ; 18 cm.
SAL1&2 (on-campus shelving)
Book
422 p. : ill., charts ; 21 cm.
Green Library
Book
xi, 116 p. ; 21 cm.
  • Introduction. Getting down to cases
  • Case I. Making a man a judge in his own case : procedural due process
  • Case II. Taking from A and giving to B : the ambiguous paradigm
  • Case II continued. Taking from A and giving to B : economic substantive due process
  • Case III. Taking from A : noneconomic substantive due process
  • Conclusion. Due process of law : procedure and substance.
Many rights that Americans cherish today go unmentioned in the U.S. Constitution. Where do these freedoms come from? John V. Orth answers that question in this unique and gem-like history of due process. No person's life, liberty, or property may be taken without "due process of law." What exactly that means has been one of the most frequently asked questions in American constitutional history. Today, the answer is usually given in two parts: what procedures the government must follows and - in exceptional cases - what the government cannot do even if it follows the proper procedures. The procedural aspect of this answer has been far less controversial than "substantive due process, " which at one time limited government regulation of business and today forbids the states from outlawing abortions. "Due process of law, " as a phrase and as a concept, was already old at the time it was adopted by American constitution-writers, both state and federal. Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made way for an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general. This unconventional history of the concept of due process heightens the reader's understanding of an important and vexed question of Anglo-American law and constitutionalism. Tracing the evolution of substantive due process through paradigmatic and exemplary cases, Orth explains in understandable terms the sources of controversial judicial rulings like Roe v. Wade.
(source: Nielsen Book Data)9780700612413 20160528
Law Library (Crown)
Book
364 p. ; 26 cm.
SAL3 (off-campus storage)
Book
x, 210 p. ; 24 cm.
This text systematically examines all of the US Supreme Court's substantive due process cases from 1897 to 1937 and finds that they do not support long-held beliefs about the Lochner Court. The Court struck down far fewer laws on substantive due process grounds than is generally believed.
(source: Nielsen Book Data)9780275969301 20160528
Book
x, 210 p. ; 24 cm.
This text systematically examines all of the US Supreme Court's substantive due process cases from 1897 to 1937 and finds that they do not support long-held beliefs about the Lochner Court. The Court struck down far fewer laws on substantive due process grounds than is generally believed.
(source: Nielsen Book Data)9780275969301 20160528
Law Library (Crown)
Book
1 v. (various pagings) : ports. ; 28 cm.
Law Library (Crown)
Book
iii, 27 p. ; 28 cm.
Law Library (Crown)
Book
xviii, 263 p. ; 22 cm.
  • PART ONE-- Keeping the streams of justice pure and clean-- Introduction-- 1. In the face of the Court-- 2. The victimisation of witnesses-- 3. Refusing to answer questions-- 4. Scandalising the Court-- 5. Disobedience to an order of the Court-- 6. Prejudicing a fair trial-- Conclusion-- PART TWO-- Inquiries into conduct-- Introduction-- 1. Into the conduct of judges-- 2. Into the conduct of ministers-- 3. Into the conduct of directors-- 4. Into the conduct of gaming clubs-- 5. Into the conduct of aliens-- 6. Into the delays of lawyers-- PART THREE-- Arrest and Search-- Introduction-- 1. Making an arrest-- 2. Making a search-- 3. New procedures-- PART FOUR-- The Mareva injunction-- Introduction-- 1. We introduce the process-- 2. We are reversed-- PART FIVE-- Entrances and exits-- Introduction-- 1. The common law about aliens-- 2. Commonwealth citizens-- 3. Exits-- PART SIX-- Ventures into Family Law-- 1. How I learned the trade-- 2. The story of emancipation-- PART SEVEN-- The deserted wife's equity-- Introduction-- 1. Invoking Section 17 of the 1882 Act-- 2. Invoking the aid of equity-- 3. The Lords triumphant-- 4. Lady Summerskill takes charge-- PART EIGHT-- The wife's share in the home-- 1. The judges introduce it-- 2. The wide principle of fairness-- 3. The trust concept-- 4. Where there is no financial contribution-- Conclusion-- Epilogue-- Index.
  • (source: Nielsen Book Data)9780406176080 20160528
"Two central themes run through 'The Due Process of Law'. The first is the workings of the various 'measures authorised by the law so as to keep the streams of justice pure', and the second is the recent development of family law, focussing particularly on Lord Denning's contribution to the law of husband and wife. These broad themes are elaborated through a discussion of Lord Denning's own judgements and opinions on a wide range of topics.All linked together with a lively, yet thoughtful and thought-provoking commentary, this work is truely a 'delight to read'. (Financial Times)".
(source: Nielsen Book Data)9780406176080 20160528
Law Library (Crown)
Book
p. 195-255 ; 26 cm.
Law Library (Crown)
Book
90 p. 24 cm.
SAL3 (off-campus storage)

15. Natural justice [1959]

Book
201 p. 23 cm.
Law Library (Crown)
Book
xiii, 159 p. ; 23 cm.
Law Library (Crown)
Book
ix, 436 p. ; 24 cm.
Law Library (Crown)
Book
lxxxi, 702 p. ; 24 cm.
Law Library (Crown)
Book
p. 241-250 ; 27 cm.
galenet.galegroup.com for assistance ask at the Stanford Law Library reference desk.
Law Library (Crown)
Book
74 p. ; 22 cm.
  • 1. To the reader
  • 2. The scientific aspect of "due process of law" and constructive offenses
  • 3. Statutory uncertainty and "due process of law"
  • 4. The historical interpretation of "law"
  • 5. Statutory certainty required by modern decisions
  • 6. Some applications.
galenet.galegroup.com for assistance ask at the Stanford Law Library reference desk.
Law Library (Crown)

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