the court and the world american law and the new global realities

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The Court And The World

Author : Stephen Breyer
ISBN : 9781101912072
Genre : Law
File Size : 37. 32 MB
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"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."--Publisher's description.

The Court And The World

Author : Stephen Breyer
ISBN : 9781101946206
Genre : Law
File Size : 72. 91 MB
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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.

The Court And The World

Author : Stephen G. Breyer
ISBN : 9781101946190
Genre : Law
File Size : 54. 77 MB
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"In this original, far-reaching and timely book, Justice Stephen Breyer examines the work of SCOTUS in an increasingly interconnected world, a world in which all sorts of public and private activity--from the conduct of national security policy to the conduct of international trade--obliges the Court to consider and understand circumstances beyond America's borders. At a time when ordinary citizens may book international lodging directly through online sites like Airbnb, it has become clear that judicial awareness can no longer stop at the water's edge"--

Active Liberty

Author : Stephen Breyer
ISBN : 0307424618
Genre : Political Science
File Size : 61. 13 MB
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A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts. From the Trade Paperback edition.

Regulating Covert Action

Author : William Michael Reisman
ISBN : 0300050593
Genre : Law
File Size : 37. 40 MB
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Covert activity has always been a significant element of international politics. This book attempts to assess the lawfulness of covert action under US and international law and faces the implications for democratic states that covert operations pose.

The Death Of Conservatism

Author : Sam Tanenhaus
ISBN : 9781588369482
Genre : Political Science
File Size : 74. 83 MB
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Sam Tanenhaus’s essay “Conservatism Is Dead” prompted intense discussion and debate when it was published in The New Republic in the first days of Barack Obama’s presidency. Now Tanenhaus, a leading authority on modern politics, has expanded his argument into a sweeping history of the American conservative movement. For seventy-five years, he argues, the Right has been split between two factions: consensus-driven “realists” who believe in the virtue of government and its power to adjust to changing conditions, and movement “revanchists” who distrust government and society–and often find themselves at war with America itself. Eventually, Tanenhaus writes, the revanchists prevailed, and the result is the decadent “movement conservatism” of today, a defunct ideology that is “profoundly and defiantly unconservative–in its arguments and ideas, its tactics and strategies, above all in its vision.” But there is hope for conservatism. It resides in the examples of pragmatic leaders like Dwight Eisenhower and Ronald Reagan and thinkers like Whittaker Chambers and William F. Buckley, Jr. Each came to understand that the true role of conservatism is not to advance a narrow ideological agenda but to engage in a serious dialogue with liberalism and join with it in upholding “the politics of stability.” Conservatives today need to rediscover the roots of this honorable tradition. It is their only route back to the center of American politics. At once succinct and detailed, penetrating and nuanced, The Death of Conservatism is a must-read for Americans of any political persuasion. From the Hardcover edition.

International Law Legal Research

Author : Anthony S. Winer
ISBN : 1611630681
Genre : Law
File Size : 20. 28 MB
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This concise yet comprehensive book is designed to be accessible for the beginner as well as useful for those with more experience. For students, the book can serve as enrichment for a doctrinal course in international law or as the basis for a stand-alone course in international law research. To allow for self-evaluation, the book includes frequent review questions to help assure retention. For practitioners new to the international area, each type of search tool and search strategy is covered in detail with explanations to provide background comprehension.This book is part of the International Legal Research Series, edited by Mark E. Wojcik, The John Marshall Law School.

Against The Death Penalty

Author : Stephen Breyer
ISBN : 9780815728900
Genre : Political Science
File Size : 48. 16 MB
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A landmark dissenting opinion arguing against the death penalty Does the death penalty violate the Constitution? In Against the Death Penalty, Justice Stephen G. Breyer argues that it does: that it is carried out unfairly and inconsistently, and thus violates the ban on "cruel and unusual punishments" specified by the Eighth Amendment to the Constitution. "Today’s administration of the death penalty," Breyer writes, "involves three fundamental constitutional defects: (1) serious unreliability, (2) arbitrariness in application, and (3) unconscionably long delays that undermine the death penalty’s penological purpose. Perhaps as a result, (4) most places within the United States have abandoned its use." This volume contains Breyer's dissent in the case of Glossip v. Gross, which involved an unsuccessful challenge to Oklahoma's use of a lethal-injection drug because it might cause severe pain. Justice Breyer's legal citations have been edited to make them understandable to a general audience, but the text retains the full force of his powerful argument that the time has come for the Supreme Court to revisit the constitutionality of the death penalty. Breyer was joined in his dissent from the bench by Justice Ruth Bader Ginsburg. Their passionate argument has been cited by many legal experts — including fellow Justice Antonin Scalia — as signaling an eventual Court ruling striking down the death penalty. A similar dissent in 1963 by Breyer's mentor, Justice Arthur J. Goldberg, helped set the stage for a later ruling, imposing what turned out to be a four-year moratorium on executions.

Justice Kennedy S Jurisprudence

Author : Frank J. Colucci
ISBN : 0700616624
Genre : Law
File Size : 53. 69 MB
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Examines the judicial philosophy of Supreme Court Justice Anthony M. Kennedy, who has been the critical swing vote on the Court for the last 20 years.

The Legacy Of Ruth Bader Ginsburg

Author : Scott Dodson
ISBN : 9781107062467
Genre : Law
File Size : 47. 29 MB
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Ruth Bader Ginsburg is a legal icon. In more than four decades as a lawyer, professor, appellate judge, and associate justice of the U.S. Supreme Court, Ginsburg has influenced the law and society in real and permanent ways. This book chronicles and evaluates the remarkable achievements Ruth Bader Ginsburg has made over the past half century. Including chapters written by prominent court watchers and leading scholars from law, political science, and history, it offers diverse perspectives on an array of doctrinal areas and on different time periods in Ginsburg's career. Together, these perspectives document the impressive legacy of one of the most important figures in modern law.

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