American Law and the New Global Realities

Author: Stephen Breyer

Publisher: Vintage

ISBN: 1101946202

Category: Law

Page: 400

View: 6289

In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike. From the Hardcover edition.
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Author: Edward McWhinney

Publisher: BRILL

ISBN: 9789028609082

Category: Law

Page: 219

View: 8293

Disaster response has been described as the last resort of the amateur: an unkind assessment but not without a grain of truth. Disaster generates an emotional response, & new disaster organisations are born with each new disaster. Lessons of the past on disaster management have to be learned anew. The need to increase the professionalism of disaster response is evident. All the more so as, in disaster terms, the world is getting worse, not better. Disasters become more complex, frequently involving the interaction of a disaster event, politics & technology. The last few years have also seen a growth in research into the area of disaster response. Too often, however, disaster researchers & disaster organisations have gone their separate ways. There is a need for these two groups to get together to devise more practical & professional approaches to disaster response. The World Disasters Report , produced by the International Federation of Red Cross & Red Crescent Societies with the Centre for Research on the Epidemiology of Disasters, is a contribution to this effort of professionalisation. It provides facts & statistics, analysis & an exploration of trends, to dispel a number of myths about disasters & to define & advocate good practice. This is the first volume of Annual Reports which will become a vital tool for all those involved in the area of disaster response.
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The Religious Right's Crusade to Reshape the Supreme Court

Author: Frederick S. Lane

Publisher: Beacon Press

ISBN: 9780807044247

Category: Political Science

Page: 263

View: 5587

Discusses the efforts made by conservative Christians to gradually dominate the Supreme Court and how the judicial changes made in recent years may affect the nation.
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The New Myth of the Court

Author: Rorie Spill Solberg,Eric N. Waltenburg

Publisher: Routledge

ISBN: 1135911738

Category: Political Science

Page: 120

View: 543

The Court’s decisions are interpreted and disseminated via the media. During this process, the media paints an image of the Court and its business. Like any artist, the media has license regarding what to cover and the amount of attention devoted to any aspect of the Court and its business. Some cases receive tremendous attention, while others languish on the back pages or are ignored. These selection effects create a skewed picture of the Court and its work, and might affect public attitudes toward the Court. Indeed, studies of media coverage of other governmental institutions reveal that when, and how, their policy decisions are covered has implications for the public’s understanding of, compliance with, support for, and cynicism about the policy. This book uncovers and describes this coverage and compares it to the confirmation hearings, the Court’s actual work, even its members. Rorie Spill Solberg and Eric N. Waltenburg analyze media coverage of nominations and confirmation hearings, the justices’ "extra-curricular" activities and their retirements/deaths, and the Court’s opinions, and compare this coverage to analyses of confirmation transcripts and the Court’s full docket. Solberg and Waltenburg contend that media now cover the Court and its personnel more similarly to its coverage of other political institutions. Journalists still regurgitate a mythology supported by the justices, a "cult of the robe," wherein unbiased and apolitical judges mechanically base their decisions upon the law and the Constitution. Furthermore, they argue the media also focus on the "cult of personality," wherein the media emphasize certain attributes of the justices and their work to match the public’s preferences for subject matter and content. The media’s portrayal, then, may undercut the Court’s legitimacy and its reservoir of good will.
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The Supreme Court and the People

Author: Barrett McGurn

Publisher: Fulcrum Pub

ISBN: N.A

Category: Law

Page: 194

View: 4165

A former public information officer of the Supreme Court describes the inner workings of the Court and the intricate relationships among the Justices
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What it is and how it Works

Author: Shabtai Rosenne

Publisher: United Nations Publications

ISBN: 9789004138162

Category: Law

Page: 332

View: 953

This latest edition of The World Court offers non-specialist readers such as politicians, diplomats, journalists and students of international relations a guide and introduction to the International Court of Justice (ICJ). It presents a detailed overview of how the ICJ is structured and the way it carries out its functions. This sixth edition utilizes Shabtai Rosenne's original text whenever possible and provides updated and new material wherever necessary. This handbook continues to be an essential tool for anyone who is concerned with the conduct of international affairs and the role of the International Court plays within that process. (UN Website)
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Judging Among the Nations

Author: Howard N. Meyer

Publisher: Rowman & Littlefield

ISBN: 9780742509245

Category: Law

Page: 311

View: 4845

Over a century ago, a precursor to the International Court of Justice, usually called the World Court, was created. The United States had an important role in founding the Court, and a U.S. citizen Andrew Carnegie-funded the Peace Palace, the building in which the World Court still convenes. But in 1985, during the second Reagan-Bush Administration, the U.S. effectively withdrew its support and authority from the Court in respose to its ruling on the U.S. use of force in Nicaragua. Since that time, the role of the World Court has grown in importance internationally even though the U.S. refuses to participate fully. And because the U.S. role has been so attenuated, the full story of the World Court has not been told, especially to U.S. citizens and students whose ignorance of it is a national embarrassment. Howard N. Meyer-longtime legal authority, activist, and champion of untold or misunderstood histories-traces the World Court all the way back to The Hague Conference of 1899 and shows its development through World War I, the League of Nations, World War II, and the Cold War, all the way up to the contemporary challenges of East Timor and Kosovo. More recently, Meyer distinguishes between the nation-state oriented work of the World Court and the work of the International Criminal Court which was proposed in 1998 to prosecute individual war criminals like Milosevic and others coming out of the conflicts in the former Yugoslavia and Rwanda. As different as they are, the World Court and the ICC have a common problem that this book seeks to address: resistance in Washington to the international rule of law, especially when it comes to authority surrounding the use of force."
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Author: Lucas A. Powe, Jr.

Publisher: Harvard University Press

ISBN: 0674054423

Category: History

Page: 432

View: 2927

In this engaging - and disturbing - book, a leading historian of the Court reveals the close fit between its decisions and the nation's politics. Drawing on more than four decades of thinking about the Supreme Court and its role in the American political system, this book offers a new, clear, and troubling perspective on American jurisprudence, politics, and history.
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A Very Short Introduction

Author: Linda Greenhouse

Publisher: OUP USA

ISBN: 0199754543

Category: History

Page: 126

View: 1657

A Supreme Court reporter offers an introduction to one of the pillars of American government, focusing on the people and traditions of the U.S. Supreme Court and examining many individual Supreme Court cases.
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International Criminal Justice in Late Modernity

Author: Nerida Chazal

Publisher: Routledge

ISBN: 1317589653

Category: Law

Page: 174

View: 2233

The International Criminal Court was established in 2002 to prosecute war crimes, crimes against humanity, and genocide. At its genesis the ICC was expected to help prevent atrocities from arising or escalating by ending the impunity of leaders and administering punishment for the commission of international crimes. More than a decade later, the ICC’s ability to achieve these broad aims has been questioned, as the ICC has reached only two guilty verdicts. In addition, some of the world’s major powers, including the United States, Russia and China, are not members of the ICC. These issues underscore a gap between the ideals of prevention and deterrence and the reality of the ICC’s functioning. This book explores the gaps, schisms, and contradictions that are increasingly defining the International Criminal Court, moving beyond existing legal, international relations, and political accounts of the ICC to analyse the Court from a criminological standpoint. By exploring the way different actors engage with the ICC and viewing the Court through the framework of late modernity, the book considers how gaps between rhetoric and reality arise in the work of the ICC. Contrary to much existing research, the book examines how such gaps and tensions can be productive as they enable the Court to navigate a complex, international environment driven by geopolitics. The International Criminal Court and Global Social Control will be of interest to academics, researchers, and advanced practitioners in international law, international relations, criminology, and political science. It will also be of use in upper-level undergraduate and postgraduate courses related to international criminal justice and globalization.
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Author: Archibald Cox

Publisher: Houghton Mifflin Harcourt

ISBN: N.A

Category: Political Science

Page: 434

View: 7690

From Marbury vs. Madison to civil rights and abortion, this volume chronicles the issues, the debates, and the individuals who have kept the Constitution vital and, in doing so, have shaped American history
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Author: Sonia Sotomayor

Publisher: C.H.Beck

ISBN: 3406659489

Category: Biography & Autobiography

Page: 349

View: 8377

Aufgewachsen in der Bronx, Puertoricanerin, die Kindheit prekär, der Vater Alkoholiker, die Mutter überfordert – Sonia Sotomayor war es nicht gerade in die Wiege gelegt, eines Tages Richterin am höchsten Gericht der Vereinigten Staaten von Amerika zu werden. Mit einem großen Herzen und viel Humor erzählt diese Ausnahmefrau von ihrem Weg, aber nicht um sich dabei auf die Schulter zu klopfen, sondern um anderen Menschen mit ihrer eigenen Geschichte Mut zu machen. Ein hinreißendes, ansteckendes Buch über das Trotzdem und über die – wirklich wichtigen – Dinge des Lebens. „’Nach der Lektüre werden mich die Leser nach menschlichen Kriterien beurteilen’, schreibt Sonia Sotomayor. Wir, die wir in diesem Fall die Jury sind, finden sie einfach unwiderstehlich.“ Washingtonian „Überwältigende und stark geschriebene Memoiren zum Thema Identität und Persönlichkeitsfindung ... Offenherzig, scharf beobachtet und vor allem tief empfunden.“ The New York Times „Eine Frau, die weiß, wo sie herkommt und die die Kraft hat, uns dorthin mitzunehmen.“ The New York Times Book Review
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Author: A. J. S. Spawforth

Publisher: Cambridge University Press

ISBN: 1139466631

Category: Social Science

Page: N.A

View: 3702

Monarchy was widespread as a political system in the ancient world. This volume offers a substantial discussion of ancient monarchies from the viewpoint of the ruler's court. The monarchies treated are Achaemenid and Sassanian Persia, the empire of Alexander, Rome under both the early and later Caesars, the Han rulers of China and Egypt's Eighteenth Dynasty. A comparative approach is adopted to major aspects of ancient courts, including their organisation and physical setting, their role as a vehicle for display, and their place in monarchial structures of power and control. This approach is broadly inspired by work on courts in later periods of history, especially early-modern France. The case studies confirm that ancient monarchies created the conditions for the emergence of a court and court society. The culturally specific conditions in which these monarchies functioned meant variety in the character of the ruler's court from one society to another.
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Selected Cases, Summaries, and Analyses

Author: Douglas S. Campbell

Publisher: ABC-CLIO

ISBN: 0275935493

Category: Law

Page: 242

View: 7696

"This is a book to order as a reference for students who are in the media law class and are confused about all those cases they can't keep straight. . . . [T]he book does a good job of concisely summarizing the Supreme Court's decisions on media law." Journalism Educator
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The Court and the City

Author: Eliška Fučíková

Publisher: Thames & Hudson

ISBN: 9780500237373

Category: Art

Page: 792

View: 7286

Nearly 400 years after the death of Rudolph II, the city of Prague is hosting during the summer of 1997 a celebration of art, music, and science in honor of the enlightened and eccentric Hapsburg ruler. Prepared with the Prague Castle Administration, this official and comprehensive catalog contains significant artistic achievements of both court and city. 1500 illus. 250 in color.
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Author: Steven Kautz,Arthur Melzer,Jerry Weinberger,Richard Zinman

Publisher: University of Pennsylvania Press

ISBN: 0812221907

Category: Law

Page: 328

View: 7878

From Brown v. Board of Education to Roe v. Wade to Bush v. Gore, the Supreme Court has, over the past fifty years, assumed an increasingly controversial place in American national political life. As the recurring struggles over nominations to the Court illustrate, few questions today divide our political community more profoundly than those concerning the Court's proper role as protector of liberties and guardian of the Constitution. If the nation is today in the midst of a "culture war," the contest over the Supreme Court is certainly one of its principal battlefields. In this volume, distinguished constitutional scholars aim to move debate beyond the sound bites that divide the opposing parties to more fundamental discussions about the nature of constitutionalism. Toward this end, the volume includes chapters on the philosophical and historical origins of the idea of constitutionalism; on theories of constitutionalism in American history in particular; on the practices of constitutionalism around the globe; and on the parallel emergence of--and the persistent tensions between--constitutionalism and democracy throughout the modern world. In democracies, the primary point of having a constitution is to place some matters beyond politics and partisan contest. And yet it seems equally clear that constitutionalism of this kind results in a struggle over the meaning or proper interpretation of the constitution, a struggle that is itself deeply political. Although the volume represents a variety of viewpoints and approaches, this struggle, which is the central paradox of constitutionalism, is the ultimate theme of all the essays.
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The Rise of Judicial Power and the Coming Crisis of the Supreme Court

Author: James Macgregor Burns

Publisher: Penguin

ISBN: 1101081902

Category: Political Science

Page: 336

View: 6363

From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.
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