does the constitution follow the flag

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Does The Constitution Follow The Flag

Author : Kal Raustiala
ISBN : 9780199858170
Genre : Law
File Size : 76. 10 MB
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The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.

Reconsidering The Insular Cases

Author : Gerald L. Neuman
ISBN : 9780979639579
Genre : History
File Size : 71. 26 MB
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Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.

A Constitution Of Many Minds

Author : Cass R. Sunstein
ISBN : 9781400829927
Genre : Law
File Size : 82. 17 MB
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The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.

Capture The Flag

Author : Arnaldo Testi
ISBN : 9780814783221
Genre : History
File Size : 81. 50 MB
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Milt Gross (1895-1953), a Bronx-born cartoonist and animator, first found fame in the late 1920s, writing comic strips and newspaper columns in the unmistakable accent of Jewish immigrants. By the end of the 1920s, Gross had become one of the most famous humorists in the United States, his work drawing praise from writers like H. L. Mencken and Constance Roarke, even while some of his Jewish colleagues found Gross’ extreme renderings of Jewish accents to be more crass than comical. Working during the decline of vaudeville and the rise of the newspaper cartoon strip, Gross captured American humor in transition. Gross adapted the sounds of ethnic humor from the stage to the page and developed both a sound and a sensibility that grew out of an intimate knowledge of immigrant life. His parodies of beloved poetry sounded like reading primers set loose on the Lower East Side, while his accounts of Jewish tenement residents echoed with the mistakes and malapropisms born of the immigrant experience. Introduced by an historical essay, Is Diss a System? presents some of the most outstanding and hilarious examples of Jewish dialect humor drawn from the five books Gross published between 1926 and 1928—Nize Baby, De Night in de Front from Chreesmas, Hiawatta, Dunt Esk, and Famous Fimmales—providing a fresh opportunity to look, read, and laugh at this nearly forgotten forefather of American Jewish humor.

Government For Puerto Rico

Author : John Colt Spooner
ISBN : CHI:28842320
Genre : Puerto Rico
File Size : 40. 76 MB
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The Knockoff Economy

Author : Kal Raustiala
ISBN : 9780195399783
Genre : Business & Economics
File Size : 89. 28 MB
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Contends that creativity can thrive in the face of piracy, arguing that the imitation of great designs forces an industry to innovate more quickly, and looks at examples of areas in which the practice has been accepted.

A Practical Companion To The Constitution

Author : Jethro Koller Lieberman
ISBN : 0520212800
Genre : Law
File Size : 27. 18 MB
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Updated and expanded ed. of Evolving Constitution.

The Public

Author : Louis Freeland Post
ISBN : STANFORD:36105119098452
Genre : American periodicals
File Size : 38. 65 MB
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The Law Of Nations And The United States Constitution

Author : Anthony J. Bellia Jr.
ISBN : 9780190666781
Genre : Law
File Size : 47. 3 MB
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The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.

The Will Of The People

Author : Barry Friedman
ISBN : 1429989955
Genre : Law
File Size : 84. 28 MB
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In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.

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