Constitutional Torts and the War on Terror

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Author: James E. Pfander

Publisher: Oxford University Press

ISBN: 0190495286

Category:

Page: 288

View: 7405

Constitutional Torts and the War on Terror examines the judicial response to human rights claims arising from the Bush Administration's war on terror. Despite widespread agreement that the Administration's program of extraordinary rendition, prolonged detention, and "enhanced" interrogation was torture by another name, not a single federal appellate court has confirmed an award of damages to the program's victims. The silence of the federal courts leaves victims without redress and the constitutional limits on government action undefined. Many of the suits seeking redress have been based on the landmark 1971 Supreme Court decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. This book traces the history of common law accountability, the rise of Bivens claims, and the post-Bivens history of constitutional tort litigation. After evaluating the failure of Bivens litigation arising from the war on terror, the book considers and rejects the arguments that have been put forward to explain and justify judicial silence. The book provides the Supreme Court with the tools needed to rethink its Bivens jurisprudence. Rather than treating the overseas national security context as disabling, modern federal courts should take a page from the nineteenth century, presume the viability of tort litigation, and proceed to the merits. Only by doing so can the federal courts ensure redress for victims and prevent future Administrations from using torture as an instrument of official policy.

The Counterinsurgent's Constitution

Law in the Age of Small Wars

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Author: Ganesh Sitaraman

Publisher: Oxford University Press

ISBN: 0199986908

Category: Law

Page: 352

View: 6168

Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.

Concepts of Law

Comparative, Jurisprudential, and Social Science Perspectives

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Author: Dr Lukas Heckendorn Urscheler,Dr Seán Patrick Donlan

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472401549

Category: Law

Page: 270

View: 8851

Debates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important part of Western thought, both within legal scholarship and beyond. The contributors to Concepts of Law are international experts from the fields of comparative law, legal philosophy, and the social sciences. Combining theoretical analyses with case studies, they explore various legal concepts and contexts from diverse national and disciplinary perspectives. Legal and normative pluralism is a theme throughout. Some chapters discuss the development of state law and legal systems. Others wrestle with law’s rhetoric and the potential utility of alternative vocabularies, e.g., 'governance' and ‘governmentality’. Others reveal the rich polyjurality of the present, from the local to the global. The result is a rich picture of both present scholarship on laws and norms and the state of contemporary legal complexity, each crossing traditional boundaries.

Taming Globalization

International Law, the U.S. Constitution, and the New World Order

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Author: Julian Ku,John Yoo

Publisher: Oxford University Press

ISBN: 0199837422

Category: LAW

Page: 272

View: 4372

As the nations of the world become more interconnected and less isolated every day, the U.S. legal system has struggled to take advantage of globalization's benefits while protecting the country's sovereignty. In Taming Globalization, Julian Ku and John Yoo offer a bold new look at this growing problem, arguing that the political branches and not the courts should be implementing and enforcing international law in the U.S. This reconciliation of globalization and the U.S. Constitution will influence debates now raging in courtrooms, the halls of Congress, and the public arena.

Right Angle

One Woman’s Journey to Reclaim the Constitution

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Author: Sharron Angle

Publisher: AuthorHouse

ISBN: 1456754289

Category: Political Science

Page: 256

View: 5586

In 2009, Republican Nevada state legislator Sharron Angle declared her candidacy against Democrat United States Senate Majority Leader Harry Reid - one of the most powerful men in the nation. Thus began a whirlwind year that would take Angle, a former teacher and housewife, from relative obscurity to becoming a leading voice in the surging TEA Party movement. Reid and the political establishment spent millions of dollars telling voters about their version of “Sharron Angle.” In Right Angle, you’ll meet the real Sharron Angle...in her own words. You’ll meet the concerned mother who ran for the local school board to help change homeschooling laws. You’ll follow Sharron during her run against her own party’s big government establishment to win a seat in the Nevada Legislature and throughout her subsequent ?ghts to preserve the Constitution.

Cato Handbook on Policy

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Author: Cato Institute,David Boaz

Publisher: Cato Institute

ISBN: 9781930865686

Category: Political Science

Page: 702

View: 3417

Details how legislators can return the federal goverment to the size and scope envisioned by the Founding Fathers.

Rules of Law and Laws of Ruling

On the Governance of Law

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Author: Prof Dr Julia Eckert,Professor Franz von Benda-Beckmann,Professor Keebet von Benda-Beckmann

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409496554

Category: Law

Page: 302

View: 1182

Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.

Law 101

Everything You Need to Know About American Law

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Author: Jay M. Feinman

Publisher: Oxford University Press

ISBN: 0199750696

Category: Law

Page: 384

View: 1942

The first two editions of the best-selling Law 101 provided readers with a vividly written and indispensable portrait of our nation's legal system. Now, in this third edition, Jay M. Feinman offers a fully updated survey of American law that incorporates fresh material on 2009 Supreme Court cases, the legal response to the war on terror (including the Guantanamo detainees and electronic surveillance), and to the latest developments in Internet law. In a book brimming with legal puzzles, interesting anecdotes, and thought-provoking questions, Jay M. Feinman's clear introduction to the law provides us with a solid understanding of the American legal tradition and covers the main subjects taught in the first year of law school. Readers are introduced to every aspect of the legal system, from constitutional law and the litigation process to tort law, contract law, property law, and criminal law. Feinman illuminates each discussion with many intriguing, outrageous, and infamous cases, from the scalding coffee case that cost McDonald's half a million dollars, to the sensational murder trial in Victorian London that led to the legal definition of insanity, to the epochal decision in Marbury v. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. He broadens the reader's legal vocabulary, clarifying the meaning of everything from "due process" and "equal protection" in constitutional law to the distinction between "murder" and "manslaughter" in criminal law. Perhaps most important, we learn that though the law is voluminous and complex, it is accessible to all. Everyone who wants a better grasp of current legal issues--from students contemplating law school, to journalists covering the legislature or the courts, to fans of Court TV--will find here a wonderful source of information: a complete, clear, and colorful map of the American legal system.

Unchecked And Unbalanced

Presidential Power in a Time of Terror

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Author: Schwarz O.,Aziz Huq

Publisher: The New Press

ISBN: 1595587454

Category: Political Science

Page: 288

View: 3753

Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government. Through a constellation of non-public laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power’s limits. Decisions are routinely executed at senior levels within the civilian administration without input from Congress or the federal courts, let alone our international allies. Secret NSA spying at home is the most recent of these. Harsh treatment of detainees, “extraordinary renditions,” secret foreign prisons, and the newly minted enemy combatant designation have also undermined our values. The resulting policies have harmed counterterrorism efforts and produced few tangible results. With a partisan Congress predictably reluctant to censure a politically aligned president, it is all the more important for citizens themselves to demand disclosure, oversight, and restraint of sweeping claims of executive power. This book is the first step.

Kafka Comes to America

Fighting for Justice in the War on Terror

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Author: Steven T. Wax

Publisher: Other Press, LLC

ISBN: 1590512952

Category: Law

Page: 380

View: 9598

Argues that civil liberties have eroded since the September 11 terrorist attacks and presents case studies of two men who were casualties of post-9/11 counterterrorism measures.

Lexikon der Vereinten Nationen

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Author: Helmut Volger

Publisher: De Gruyter Oldenbourg

ISBN: N.A

Category: International cooperation

Page: 775

View: 3805

Das "Lexikon der Vereinten Nationen" ist nicht nur Nachschlagewerk, sondern auch Sammlung kritischer Bestandsaufnahmen der Weltorganisation, verbunden mit Reformvorschlägen. Die große Zahl renommierter Experten, die an dem Werk mitgearbeitet haben, hat für ein breites Meinungsspektrum gesorgt. Damit ist das Lexikon auch ein politisches Buch.

An den Grenzen des Rechts

Kolloquium zum 60. Geburtstag von Wolfgang Graf Vitzthum

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Author: Wolfgang März

Publisher: N.A

ISBN: 9783428113460

Category: Law

Page: 239

View: 5691

Foreign Relations Law

Cases and Materials

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Author: Curtis A. Bradley,Jack L. Goldsmith

Publisher: Wolters Kluwer Law & Business

ISBN: 1454846658

Category: Law

Page: 912

View: 4952

A leading casebook in foreign relations, this title examines the constitutional and statutory law that regulates the conduct of contemporary U.S. foreign relations. It offers a compelling mix of case and non-case materials with a focus on U.S. affairs abroad and international cases in which the U.S. exercises jurisdiction. Features: Reorganizes the material into three thematic parts, concerning the government institutions that interact with foreign relations law, the role of international law in the U.S. legal system, and the legal issues associated with international crime, war, and terrorism. Explores the implications of the Supreme Court's restriction of human rights litigation under the Alien Tort Statute in Kiobel v. Royal Dutch Petroleum. Contains updated materials on the war on terrorism, including materials relating to targeted killing, electronic surveillance, and the use of military commissions. Takes account of recent lower court decisions, such as the Third Circuit's decision in United States v. Bond (concerning the scope of the treaty power), and the Fourth Circuit's decision in Yousuf v. Samantar (concerning foreign official immunity and deference to the Executive Branch). Considers the domestic and international law issues associated with U.S. efforts to combat piracy and try pirates in U.S. courts. Excerpts and analyzes the Supreme Court's latest decision concerning the political question doctrine Zivotofsky v. Clinton

Justice at War

Civil Liberties and Civil Rights During Times of Crisis

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Author: Richard Delgado

Publisher: NYU Press

ISBN: 0814744052

Category: Law

Page: 219

View: 3954

The status of civil rights in the United States today is as volatile an issue as ever, with many Americans wondering if new laws, implemented after the events of September 11, restrict more people than they protect. How will efforts to eradicate racism, sexism, and xenophobia be affected by the measures our government takes in the name of protecting its citizens? Richard Delgado, one of the founding figures in the Critical Race Theory movement, addresses these problems with his latest book in the award-winning Rodrigo Chronicles. Employing the narrative device he and other Critical Race theorists made famous, Delgado assembles a cast of characters to discuss such urgent and timely topics as race, terrorism, hate speech, interracial relationships, freedom of speech, and new theories on civil rights stemming from the most recent war. In the course of this new narrative, Delgado provides analytical breakthroughs, offering new civil rights theories, new approaches to interracial romance and solidarity, and a fresh analysis of how whiteness and white privilege figure into the debate on affirmative action. The characters also discuss the black/white binary paradigm of race and show why it persists even at a time when the country's population is rapidly diversifying.

U.S. Military Operations

Law, Policy, and Practice

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Author: Shane R. Reeve

Publisher: Oxford University Press

ISBN: 0190456639

Category: Military law

Page: 880

View: 6066

In U.S. Military Operations: Law, Policy, and Practice, a distinguished group of military experts comprehensively analyze how the law is applied during military operations on and off the battlefield. Subject matter experts offer a unique insiders perspective on how the law is actually implemented in a wide swath of military activities, such as how the law of war applies in the context of multi-state coalition forces, and whether non-governmental organizations involved in quasi-military operations are subject to the same law. The book goes on to consider whether U.S. Constitutional 4th Amendment protections apply to the military's cyber-defense measures, how the law guides targeting decisions, and whether United Nations mandates constitute binding rules of international humanitarian law. Other areas of focus include how the United States interacts with the International Committee of the Red Cross regarding its international legal obligations, and how courts should approach civil claims based on war-related torts. This book also answers questions regarding how the law of armed conflict applies to such extra-conflict acts as intercepting pirates and providing humanitarian relief to civilians in occupied territory.

United States Foreign Policy and National Identity in the 21st Century

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Author: Kenneth Christie

Publisher: Taylor & Francis

ISBN: 0415573572

Category: Political Science

Page: 198

View: 6998

Examines the complex relationship between United States foreign policy and American national identity as it has changed from the post-cold war period through the defining moment of 9/11 and into the 21st century. Starting with a discussion of notions of American identity in an historical sense, the contributors go on to examine the most central issues in US foreign policy and their impact on national identity including: the end of the Cold War, the rise of neo-conservatism, ideas of US Empire and the influence of the 'War on Terror'. The book sheds significant new light on the continuities and discontinuities in the relationship of US identity to foreign policy.

The American Legal System

Perspectives, Politics, Processes, and Policies

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Author: Albert P. Melone,Allan Karnes

Publisher: Rowman & Littlefield

ISBN: 9780742547537

Category: Law

Page: 685

View: 2070

Firmly anchored in social science concepts, the second edition of The American Legal System demonstrates the relationships among private law, the business legal environment, and public law issues, as well as related subjects of interest. This fifteen-chapter book is divided into three parts. Part I places the legal system in a political perspective centering on the origins of the law, schools of jurisprudence, branches and functions of law, legitimacy of law, how the judiciary functions in the federal system of government, and judicial interpretation and decision making. Part II contrasts legal processes: civil suits for money damages, criminal processes, equity justice, administrative processes, and alternative dispute resolution. Part III centers on the legal norms or rules governing both civil and criminal conduct, property law, family law, contract law, and government regulation of business. Throughout, the text features edited court opinions many new to this edition illustrating lively and thought-provoking controversies that are certain to spark student interest. Among the many compelling issues addressed are the legal and constitutional controversies surrounding the Bush Administration's "War on Terror," and the socially explosive developments concerning same-sex marriage. In addition, each chapter includes at least three comparative notes showing how other legal cultures in different nation-states treat legal matters. A wealth of pedagogical features chapter-opening objectives; key terms, names, and concepts; a glossary, discussion questions, and appendices are included to aid student comprehension. The authors have prepared an Instructor's Manual and Test Bank to facilitate the book's use in the classroom."

Niles' Weekly Register

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Author: N.A

Publisher: N.A

ISBN: N.A

Category:

Page: N.A

View: 3364

Containing political, historical, geographical, scientifical, statistical, economical, and biographical documents, essays and facts: together with notices of the arts and manu factures, and a record of the events of the times.

Arguing About Law

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Author: Aileen Kavanagh,John Oberdiek

Publisher: Routledge

ISBN: 1135029148

Category: Law

Page: 632

View: 7858

Arguing about Law introduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, Arguing About Law also includes both non-traditional selections and discussion of timely topical issues like the legal dimension of the war on terror. The editors provide lucid introductions to each section in which they give an overview of the debate and outline the arguments of the papers, helping the student get to grips with both the classic and core arguments and emerging debates in: the nature of law legality and morality the rule of law the duty to obey the law legal enforcement of sexual morality the nature of rights rights in an age of terror constitutional theory tort theory. Arguing About Law is an inventive and stimulating reader for students new to philosophy of law, legal theory and jurisprudence.