Bibliographic record
Abstract
This chapter examines declarations and injunctions in complex cases involving institutions that violate human rights. Part I examines American and Indian public law litigation suggesting that in many cases, courts focus only on systemic remedies whereas supra-national regional human rights courts often combine both individual and systemic remedies. Part II argues that courts can deal with complex cases in a manner consistent with the separation of powers if they provide individual remedies while being more cautious and dialogic with respect to systemic remedies. Negotiation, mediation and broad public participation can help resolve the complexities of polycentric issues. Part III argues that a new remedy called the “declaration plus” allows courts to avoid premature use of detailed injunctions enforceable through contempt while still retaining jurisdiction. A few Canadian cases and supra-national courts follow the declaration plus model. Part IV argues that the two-track approach allows courts to achieve some remedial success by ordering individual remedies while still retaining jurisdiction and engaging in the difficult project of systemic reform. Domestic courts should be more willing to retain jurisdiction, order individual remedies and re-evaluate their approach when systemic reforms fail to prevent violations.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.003 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.003 | 0.015 |
| Scholarly communication | 0.004 | 0.004 |
| Open science | 0.001 | 0.002 |
| Research integrity | 0.002 | 0.004 |
| Insufficient payload (model declined to judge) | 0.004 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".