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  • Hart Publishing, Oxford - Good books for lawyers
    Glister Pauline Ridge Equity the body of law developed in the English Court of Chancery has a long and distinguished history In the twenty first century it continues to be an important regulator of both commercial and personal dealings as well as informing statutory regulation Although much equitable doctrine is settled there remain some intractable problems that bedevil lawyers across jurisdictions The essays in this collection employ new historical comparative and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology Leading scholars and practitioners from England Australia and New Zealand examine such contentious topics as personal and proprietary liability for breaches of equitable duties including fiduciary duties the creation of non express trusts equitable rights in insolvency the fiduciary self dealing rule clogs on the equity of redemption the distribution of assets on family breakdown and the suitability of unjust enrichment analysis The authors address specific doctrinal questions as well as the meta issues of organisation and methodology and their findings will be of value to academics and practitioners alike Jamie Glister is a Senior Lecturer at the University of Sydney Pauline Ridge is an Associate Professor at the Australian National University Hardback May 2012

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849462198 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    ebooks Links GO TO Hart USA CONTACT US Hart Studies in Private Law Essays on Defences Coming soon in the series see published books in the series CONTACT US Books Updates Series Distributors Proposals Links GO TO HART USA Hart

    Original URL path: http://www.hartpublishing.co.uk/SeriesDetails.aspx?SeriesName=Hart%20Studies%20in%20Private%20Law%20Essays%20on%20Defences&SeriesFullTitle=Hart%20Studies%20in%20Private%20Law%20Essays%20on%20Defences&Published=no (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    USA CONTACT US Human Rights Law in Perspective Coming soon in the series see published books in the series Governing Through Rights First Edition Bal Sokhi Bulley April 2020 158 pages Hardback 9781849467391 55 00 More info Add to basket Proportionality under the UK Human Rights Act Aaron Baker April 2020 280 pages Hardback 9781841137438 45 00 More info Add to basket CONTACT US Books Updates Series Distributors Proposals Links

    Original URL path: http://www.hartpublishing.co.uk/SeriesDetails.aspx?SeriesName=Human%20Rights%20Law%20in%20Perspective&SeriesFullTitle=Human%20Rights%20Law%20in%20Perspective&Published=no (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    legal concept and its relationship to the principle of non discrimination symmetrical and asymmetrical approaches to equality non discrimination the role of comparators in discrimination equality analysis the selection of protected characteristics and the proper sphere of statutory and constitutional protections and the scope for and regulation of potential conflicts between protected grounds The author engages with domestic EU and ECtHR case law as well as with wider international approaches

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781509904990 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    judicial enforcement of children s social and economic rights from a variety of jurisdictions The work is thus rooted in both theory and practice The author brings together and addresses a wide range of issues that have never previously been considered together in book form These include children s socio economic rights children as citizens and their position in relation to democratic decision making processes the implications of children and their rights for democratic and constitutional theory the role of the courts in ensuring the enforcement of children s rights and the debates surrounding the litigation and adjudication of social and economic rights This book thus represents a major original contribution to the existing scholarship in a range of areas including human and specifically social rights legal and political theory and constitutional law Children s rights were often thought to be synonymous with economic and social welfare prior to the adoption of the Convention on the Rights of the Child in 1989 Ironically since that time remarkably little scholarship has been devoted to the vitally important economic and social rights dimensions of children s rights Nolan s book singlehandedly remedies that neglect and does so in a sophisticated nuanced and balanced way It provides a superb account of the pros and cons of judicial activism in promoting these rights Philip Alston John Norton Pomeroy Professor NYU Law School Thus far the burgeoning literature on the judicial enforcement of socio economic rights has failed to engage in a sustained systemic manner with this topic from the perspective of children and the complexity of their status as citizens within contemporary democracies This book fills this gap and makes a major contribution to the literature in the three interrelated areas of the judicial review of socio economic rights claims children s rights and

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849467278 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    attempts to link health and human rights and proposes how these might be addressed Amongst other things it asks is conflict between risk and rights inevitable in the context of infectious disease control Is reproductive choice a bad argument in the context of reproductive technologies Is it sensible for human rights to make use of measurement tools such as indicators Is the cost of human rights an argument that can

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841138046 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    ethno national divisions these divisions are often addressed through group differentiated rights Recent constitutional settlements have highlighted the difficulties in drafting a bill of rights in divided post conflict societies where the aim of promoting unity is frequently in tension with the need to accommodate difference In such cases a bill of rights might be a rallying point around which both minorities and the majority can articulate a common vision for a shared society Conversely a bill of rights might provide merely another venue in which to play out familiar conflicts further dividing an already divided society The central questions that animate the collection are 1 Can constitutional rights provide a basis for unity and a common human rights culture in divided societies If so how 2 To what extent should divided societies opt for a universalistic package of rights protections or should the rights be tailored to the specific circumstances of a divided society providing for special group sensitive protections for minorities 3 Is a divided society more or less likely to adopt a bill of rights 4 How does the judiciary figure in the management or resolution of ethno national conflict 5 What are the general theoretical and

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849461009 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    examples of judicial enforcement of children s social and economic rights from a variety of jurisdictions The work is thus rooted in both theory and practice The author brings together and addresses a wide range of issues that have never previously been considered together in book form These include children s socio economic rights children as citizens and their position in relation to democratic decision making processes the implications of children and their rights for democratic and constitutional theory the role of the courts in ensuring the enforcement of children s rights and the debates surrounding the litigation and adjudication of social and economic rights This book thus represents a major original contribution to the existing scholarship in a range of areas including human and specifically social rights legal and political theory and constitutional law Children s rights were often thought to be synonymous with economic and social welfare prior to the adoption of the Convention on the Rights of the Child in 1989 Ironically since that time remarkably little scholarship has been devoted to the vitally important economic and social rights dimensions of children s rights Nolan s book singlehandedly remedies that neglect and does so in a sophisticated nuanced and balanced way It provides a superb account of the pros and cons of judicial activism in promoting these rights Philip Alston John Norton Pomeroy Professor NYU Law School Thus far the burgeoning literature on the judicial enforcement of socio economic rights has failed to engage in a sustained systemic manner with this topic from the perspective of children and the complexity of their status as citizens within contemporary democracies This book fills this gap and makes a major contribution to the literature in the three interrelated areas of the judicial review of socio economic rights claims children s

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841137698 (2016-02-13)
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