All the Laws but One

Civil Liberties in Wartime

Author: William H. Rehnquist

Publisher: Vintage

ISBN: 0307424693

Category: Political Science

Page: 272

View: 7518

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In All the Laws but One, William H. Rehnquist, Chief Justice of the United States, provides an insightful and fascinating account of the history of civil liberties during wartime and illuminates the cases where presidents have suspended the law in the name of national security. Abraham Lincoln, champion of freedom and the rights of man, suspended the writ of habeas corpus early in the Civil War--later in the war he also imposed limits upon freedom of speech and the press and demanded that political criminals be tried in military courts. During World War II, the government forced 100,000 U.S. residents of Japanese descent, including many citizens, into detainment camps. Through these and other incidents Chief Justice Rehnquist brilliantly probes the issues at stake in the balance between the national interest and personal freedoms. With All the Laws but One he significantly enlarges our understanding of how the Supreme Court has interpreted the Constitution during past periods of national crisis--and draws guidelines for how it should do so in the future. From the Trade Paperback edition.

Lincoln

Roman

Author: Gore Vidal

Publisher: N.A

ISBN: 9783442729128

Category:

Page: 843

View: 3300

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Terrorism, the Laws of War, and the Constitution

Debating the Enemy Combatant Cases

Author: Peter Berkowitz

Publisher: Hoover Press

ISBN: 0817946233

Category: Political Science

Page: 196

View: 1775

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Terrorism, the Laws of War, and the Constitution examines three enemy combatant cases that represent the leading edge of U.S. efforts to devise legal rules, consistent with American constitutional principles, for waging the global war on terror. The distinguished contributors analyze the crucial questions these cases raise about the balance between national security and civil liberties in wartime and call for a reexamination of the complex connections between the Constitution and international law.

America Alone

The Neo-Conservatives and the Global Order

Author: Stefan Halper,Jonathan Clarke

Publisher: Cambridge University Press

ISBN: 9780521674607

Category: Political Science

Page: 369

View: 2155

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An in-depth critique of the Bush administration and the Iraq war argues that when America's immense military power is used unwisely by neo-conservative radicals that dominate the national security process, it can fracture global stability.

The Revolutionary Constitution

Author: David J. Bodenhamer

Publisher: Oxford University Press

ISBN: 019991303X

Category: History

Page: 296

View: 2558

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The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.

Terror in the Balance

Security, Liberty, and the Courts

Author: Eric A. Posner,Adrian Vermeule

Publisher: Oxford University Press

ISBN: 9780198042372

Category: Law

Page: 328

View: 661

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In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. The judiciary should neither second-guess security policy nor interfere on constitutional grounds. In order to protect citizens, government can and should use any legal instrument that is warranted under ordinary cost-benefit analysis. The value gained from the increase in security will exceed the losses from the decrease in liberty. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.

Law in Times of Crisis

Emergency Powers in Theory and Practice

Author: Oren Gross,Fionnuala Ní Aoláin

Publisher: Cambridge University Press

ISBN: 1139457756

Category: Political Science

Page: N.A

View: 2430

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The terrorist attacks of September 11, 2001, and the ensuing 'war on terror' have focused attention on issues that have previously lurked in a dark corner at the edge of the legal universe. This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions, bringing together insights gleaned from the Roman republic and Jewish law through to the initial responses to the July 2005 attacks in London. Three models of emergency powers are used to offer a conceptualization of emergency regimes, giving a coherent insight into law's interface with and regulation of crisis and a distinctive means to evaluate the legal options open to states for dealing with crises.

War Time

An Idea, Its History, Its Consequences

Author: Mary L. Dudziak

Publisher: Oxford University Press

ISBN: 0199913471

Category: History

Page: 232

View: 7542

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On the surface, "wartime" is a period of time in which a society is at war. But we now live in what President Obama has called "an age without surrender ceremonies," where it is no longer easy to distinguish between times of war and times of peace. In this inventive meditation on war, time, and the law, Mary Dudziak argues that wartime is not as discrete a time period as we like to think. Instead, America has been engaged in some form of ongoing overseas armed conflict for over a century. Meanwhile policy makers and the American public continue to view wars as exceptional events that eventually give way to normal peace times. This has two consequences: first, because war is thought to be exceptional, "wartime" remains a shorthand argument justifying extreme actions like torture and detention without trial; and second, ongoing warfare is enabled by the inattention of the American people. More disconnected than ever from the wars their nation is fighting, public disengagement leaves us without political restraints on the exercise of American war powers.

William H. Rehnquist, Chief Justice of the United States

Memorial Tributes in the Congress of the United States

Author: Senate (U S )

Publisher: Government Printing Office

ISBN: 9780160777844

Category: Biography & Autobiography

Page: 115

View: 9911

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Memorial addresses and other tributes held in the Senate and House of Representatives of the United States together with memorial services in honor of William H. Rehnquist, Chief Justice of the United States. Includes a brief biography. S. Doc. 109-07.

Unchecked And Unbalanced

Presidential Power in a Time of Terror

Author: Schwarz O.,Aziz Huq

Publisher: The New Press

ISBN: 1595587454

Category: Political Science

Page: 288

View: 9190

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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.

The Handy Supreme Court Answer Book

Author: David L Hudson

Publisher: Visible Ink Press

ISBN: 157859264X

Category: Law

Page: 512

View: 2328

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From the origins of the court to modern practical matters—including the federal judiciary system, the Supreme Court’s session schedule, and the argument, decision, and appeal process—this resource provides detailed answers on all aspects of the Supreme Court. Exploring the social, cultural, and political atmosphere in which judges are nominated and serve, this guide book answers questions such as When did the tradition of nine justices on the bench begin? When did the practice of hiring law clerks to assist with legal research and writing begin? and How do cases reach the Supreme Court? Details on historic decisions—including Marbury v. Madison, Brown v. Board of Education, Miranda v. Arizona, and Bush v. Gore—accompany a thorough history of all 17 Supreme Court Chief Justices.

Journal of the Civil War Era

Summer 2013 Issue

Author: William A. Blair

Publisher: UNC Press Books

ISBN: 1469608979

Category: History

Page: 176

View: 9002

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The Journal of the Civil War Era Volume 3, Number 2 June 2013 TABLE OF CONTENTS Editor's Note William Blair Articles Stephen Cushman When Lincoln Met Emerson Christopher Phillips Lincoln's Grasp of War: Hard War and the Politics of Neutrality and Slavery in the Western Border Slave States, 1861–1862 Jonathan W. White The Strangely Insignificant Role of the U.S. Supreme Court in the Civil War Review Essay Yael Sternhell Revisionism Reinvented? The Antiwar Turn in Civil War Scholarship Professional Notes Gary W. Gallagher The Civil War at the Sesquicentennial: How Well Do Americans Understand Their Great National Crisis? Book Reviews Books Received Notes on Contributors The Journal of the Civil War Era takes advantage of the flowering of research on the many issues raised by the sectional crisis, war, Reconstruction, and memory of the conflict, while bringing fresh understanding to the struggles that defined the period, and by extension, the course of American history in the nineteenth century.

Die unterste Milliarde

Warum die ärmsten Länder scheitern und was man dagegen tun kann

Author: Paul Collier

Publisher: Pantheon Verlag

ISBN: 3641204941

Category: Social Science

Page: 256

View: 5980

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Der vielfach preisgekrönte Longseller jetzt in einer neuen Ausgabe Die unterste Milliarde – das sind die ärmsten Menschen der Erde, die am weltweit steigenden Wirtschaftswachstum keinen Anteil haben. Ihre Lebenserwartung ist auf fünfzig Jahre gesunken, jedes siebte Kind stirbt vor dem fünften Lebensjahr. Seit Jahrzehnten befinden sich die Ökonomien dieser Länder im freien Fall – ohne Aussicht auf Besserung. In seinem vielfach preisgekrönten Bestseller erklärt Paul Collier, wie es zu dieser krassen Armut gekommen ist und was man gegen sie tun kann.

Civil Disobedience and the German Courts

The Pershing Missile Protests in Comparative Perspective

Author: Peter E. Quint

Publisher: Routledge

ISBN: 1134107412

Category: Law

Page: 300

View: 4621

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In the 1980s the West German Peace Movement -- fearing that the stationing of NATO nuclear missiles in Germany threatened an imminent nuclear war in Europe -- engaged in massive protests, including sustained civil disobedience in the form of sit-down demonstrations. Civil Disobedience and the German Courts traces the historical and philosophical background of this movement and follows a group of demonstrators through their trials in the German criminal courts up to the German Constitutional Court -- in which their fate was determined in two important constitutional cases. In this context, the volume also analyzes the German Constitutional Court, as a crucial institution of government, in comparative perspective. The book is the first full-length English language treatment of these events and constitutional decisions, and it also places the decisions at an important turning-point in German constitutional history.

Killer Smile

Author: Lisa Scottoline

Publisher: Pan Macmillan

ISBN: 0330538608

Category: Fiction

Page: 400

View: 7753

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New legal thriller from New York Times bestselling author 'Lisa Scottoline has been added to my shortlist of must-read authors'

Symposium

balancing security and liberty in the new century

Author: James E. Beasley School of Law of Temple University

Publisher: N.A

ISBN: N.A

Category: Political Science

Page: 333

View: 4894

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Stanford Law Review: Volume 64, Issue 1 - January 2012

Author: Stanford Law Review

Publisher: Quid Pro Books

ISBN: 1610279581

Category: Law

Page: 282

View: 6447

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The Jan. 2012 issue of the Stanford Law Review (the first of vol. 64) contains studies of law, economics, and social policy by recognized scholars on diverse topics of interest to the academic and professional community. Contents for this issue: The Right Not to Keep or Bear Arms Joseph Blocher The Ghost That Slayed the Mandate Kevin C. Walsh State Sovereign Standing: Often Overlooked, but Not Forgotten Kenneth T. Cuccinelli, II, E. Duncan Getchell, Jr., & Wesley G. Russell, Jr. Establishing Official Islam? The Law and Strategy of Counter-Radicalization Samuel J. Rascoff Lobbying, Rent-Seeking, and the Constitution Richard L. Hasen Note: Bringing a Judicial Takings Claim Josh Patashnik In the ebook edition, all the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scalable, and functional; the original note numbering is retained. Also, the URLs in notes are active; and the issue is properly formatted.