from the american civil war to the war on terror three models of emergency law in the united states supreme court

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From The American Civil War To The War On Terror

Author : Emily Hartz
ISBN : 9783642326332
Genre : Law
File Size : 25. 22 MB
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This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status of fundamental rights, the role of the court in times of war, and the question of how to interpret constitutional limitations to executive power. At stake in these difficult legal questions is the issue of how to conceive of the very status of law in liberal democratic states. The questions with which the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis, the book singles out three legal paradigms for interpreting the problem of emergency: the rights model, the extra-legal model and the procedural model. This systematic approach helps the reader develop a philosophical and legal overview of central issues in the jurisprudence on emergency.

American National Security And Civil Liberties In An Era Of Terrorism

Author : D. Cohen
ISBN : 9781403981219
Genre : Political Science
File Size : 37. 20 MB
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In light of the ongoing war against terrorism, can the United States maintain its dedication to protecting civil liberties without compromising security? At stake is nothing less than the survival of ideas associated with the modern period of political philosophy: the freedom of conscience, the inviolable rights of the individual to privacy, the constitutionally limited state, as well as the more recent refinement of late modern liberalism, multiculturalism. Contributors evaluate the need to reassess the nation's public policies, institutions, as well as its very identity. The struggle to persist as an open society in the age of terrorism will be the defining test of democracy in the Twenty-first-century.

Allgemeine Theorie Der Normen

Author : Hans Kelsen
ISBN : STANFORD:36105043741235
Genre : Jurisprudence
File Size : 71. 88 MB
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Constitutional Torts And The War On Terror

Author : James E. Pfander
ISBN : 9780190495282
Genre :
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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.

American Government And Politics Today 2009 2010 Edition

Author : Steffen Schmidt
ISBN : 9780495502289
Genre : Political Science
File Size : 45. 29 MB
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Students are often hesitant to become involved in the political process. One book changes that. American Government and Politics Today 2009-2010 Edition, 14e uses intriguing examples and hands-on exercises to engage students in the fascinating intricacies of American government -- inspiring them to participate in the political process. As it introduces concepts, the text points to specific ways students can participate, showing how individuals -- including students -- can make a profound impact. It illustrates that active participation can be as simple as calling a local politician to share an opinion, registering to vote, or viewing a town council meeting on local access cable -- demonstrating how small steps can make a difference. Helping build students' critical thinking skills, discussions end with questions that prompt students to consider each concept from their point of view as well as the points of view of others and weigh the varying viewpoints. The 14th edition's powerful new administrative DVD and an innovative online Resource Center help instructors maximize their time and student results. The text also includes expanded coverage of the presidential election. Engaging and inspiring, AMERICAN GOVERNMENT AND POLITICS TODAY, 14e helps students discover how active, informed citizenship does make a difference. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

American Book Publishing Record

Author :
ISBN : UOM:39015066180459
Genre : American literature
File Size : 29. 4 MB
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America History And Life

Author :
ISBN : STANFORD:36105133520721
Genre : Canada
File Size : 83. 16 MB
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Article abstracts and citations of reviews and dissertations covering the United States and Canada.

Sociological Abstracts

Author :
ISBN : UVA:X030796989
Genre : Sociology
File Size : 46. 10 MB
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Terrorism 2002 2004

Author : Edward F. Mickolus
ISBN : UCSC:32106018739018
Genre : Terrorism
File Size : 48. 54 MB
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Guide To The Presidency Part V The White House And The Executive Branch

Author : Michael Nelson
ISBN : 1568027168
Genre : Biography & Autobiography
File Size : 87. 76 MB
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