In Losing Twice, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers. But for this to happen, Calhoun contends, the role of judges needs to be reconceptualized. She contends that the Court should not perceive itself simply as an adversarial forum, but also as a 'transactional' one, where losers are not simply losers but participants in a process capable of addressing and ameliorating the effects that come with loss. INDICE: Introduction: Losing Twice in Constitutional Rights Disputes; 1: Constitutional Stature in Rights Disputes; 2: Equality, Consent, and Constitutional Leadership; 3: Harm to Constitutional Stature in Bowers and Carhart; 4: Harms of Untruthfulness; 5: Acknowledgment of Harm; 6: The Art of Harm Amelioration; 7: Harm and Regret in Abortion Disputes; 8: Valuing Precedent Differently; 9: Losing Twice: The Lottery; Bibliographic Essays
- ISBN: 978-0-19-539974-5
- Editorial: Oxford University
- Encuadernacion: Cartoné
- Páginas: 256
- Fecha Publicación: 01/05/2011
- Nº Volúmenes: 1
- Idioma: Inglés