A WAR LIKE NO OTHER THE CONSTITUTION IN A TIME OF TERROR

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A War Like No Other

Author : Owen Fiss
ISBN : 9781620970980
Genre : Law
File Size : 67.79 MB
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Owen Fiss has been a leading legal scholar for over thirty years, yet before 2001 it would have seemed unlikely for him to write about national security and the laws of war; his focus was civil procedure and equal protection, but when the War on Terror began to shroud legal proceedings in secrecy, he realized that the bulwarks of procedure that shield the individual from the awesome power of the state were dissolving, perhaps irreparably, and that it was time for him to speak up. The ten chapters in this volume cover the major legal battlefronts of the War on Terror from Guantánamo to drones, with a focus on the constitutional implications of those new tools. The underlying theme is Fiss's concern for the offense done to the U.S. Constitution by the administrative and legislative branches of government in the name of public safety and the refusal of the judiciary to hold the government accountable. A War Like No Other will be an essential intellectual foundation for all concerned about constitutional rights and the law in a new age.
Category: Law

In The Shadow Of Korematsu

Author : Eric K. Yamamoto
ISBN : 9780190878962
Genre : Law
File Size : 71.5 MB
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The national security and civil liberties tensions of the World War II mass incarceration link 9/11 and the 2015 Paris-San Bernardino attacks to the Trump era in America - an era darkened by accelerating discrimination against and intimidation of those asserting rights of freedom of religion, association and speech, and an era marked by increasingly volatile protests. This book discusses the broad civil liberties challenges posed by these past-into-the-future linkages highlighting pressing questions about the significance of judicial independence for a constitutional democracy committed both to security and to the rule of law. What will happen when those profiled, detained, harassed, or discriminated against under the mantle of national security turn to the courts for legal protection? How will the U.S. courts respond to the need to protect both society and fundamental democratic values of our political process? Will courts fall passively in line with the elective branches, as they did in Korematsu v. United States, or serve as the guardian of the Bill of Rights, scrutinizing claims of "pressing public necessity" as justification for curtailing fundamental liberties? These queries paint three pictures portrayed in this book. First, they portray the present-day significance of the Supreme Court's partially discredited, yet never overruled, 1944 decision upholding the constitutional validity of the mass Japanese American exclusion leading to indefinite incarceration - a decision later found to be driven by the government's presentation of "intentional falsehoods" and "willful historical inaccuracies" to the Court. Second, the queries implicate prospects for judicial independence in adjudging Harassment, Exclusion, Incarceration disputes in contemporary America and beyond. Third, and even more broadly for security and liberty controversies, the queries engage the American populace in shaping law and policy at the ground level by placing the courts' legitimacy on center stage. They address how critical legal advocacy and organized public pressure targeting judges and policymakers - realpolitik advocacy - at times can foster judicial fealty to constitutional principles while promoting the elective branches accountability for the benefit of all Americans. This book addresses who we are as Americans and whether we are genuinely committed to democracy governed by the Constitution.
Category: Law

Terrorism 2013 2015

Author : Edward Mickolus
ISBN : 9781476625898
Genre : History
File Size : 51.83 MB
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This second comprehensive chronology of international terrorist attacks covers three eventful years during which the Islamic State supplanted al-Qaeda as the most active, well-financed and well-armed terrorist group worldwide. Domestic and international incidents around the globe are covered, outlining several trends and exploding a number of media myths. The author examines the enigmas of contemporary terrorist behavior and offers indicators and predictions to watch for in the coming years.
Category: History

Pearl Harbor

Author : Craig Nelson
ISBN : 9781451660517
Genre : History
File Size : 66.30 MB
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“A valuable reexamination” (Booklist, starred review) of the event that changed twentieth-century America—Pearl Harbor—based on years of research and new information uncovered by a New York Times bestselling author. The America we live in today was born, not on July 4, 1776, but on December 7, 1941, when an armada of 354 Japanese warplanes supported by aircraft carriers, destroyers, and midget submarines suddenly and savagely attacked the United States, killing 2,403 men—and forced America’s entry into World War II. Pearl Harbor: From Infamy to Greatness follows the sailors, soldiers, pilots, diplomats, admirals, generals, emperor, and president as they engineer, fight, and react to this stunningly dramatic moment in world history. Beginning in 1914, bestselling author Craig Nelson maps the road to war, when Franklin D. Roosevelt, then the Assistant Secretary of the Navy, attended the laying of the keel of the USS Arizona at the Brooklyn Navy Yard. Writing with vivid intimacy, Nelson traces Japan’s leaders as they lurch into ultranationalist fascism, which culminates in their scheme to terrify America with one of the boldest attacks ever waged. Within seconds, the country would never be the same. Backed by a research team’s five years of work, as well as Nelson’s thorough re-examination of the original evidence assembled by federal investigators, this page-turning and definitive work “weaves archival research, interviews, and personal experiences from both sides into a blow-by-blow narrative of destruction liberally sprinkled with individual heroism, bizarre escapes, and equally bizarre tragedies” (Kirkus Reviews). Nelson delivers all the terror, chaos, violence, tragedy, and heroism of the attack in stunning detail, and offers surprising conclusions about the tragedy’s unforeseen and resonant consequences that linger even today.
Category: History

Terror And Consent

Author : Philip Bobbitt
ISBN : 9780307268501
Genre : Political Science
File Size : 89.69 MB
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Philip Bobbitt follows his magisterial Shield of Achilles with an equally provocative analysis of the West's struggle against terror. Boldly stating that the primary driver of terrorism is not Islam but the emergence of market states (like the U.S. and the E.U.), Bobbitt warns of an era where weapons of mass destruction will be commodified and the wealthiest societies even more vulnerable to destabilizing, demoralizing terror. Unflinching in his analysis, Bobbitt addresses the deepest themes of history, law and strategy. From the Trade Paperback edition.
Category: Political Science

Under The Color Of Law

Author : Martin J. Henn
ISBN : 9780739143292
Genre : Law
File Size : 36.45 MB
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"This will be the classic analysis of the legal aspects of the Bush wars. Martin Henn gives---first---a brilliant study of the Bush administration's orders and written opinions. On the other side, he presents the relevant details of the U.S. Constitution and applicable international laws. In this impressive and most careful consideration of all the significant documents on both sides, Under the Color of Law makes clear that the Bush administration was illegal, immoral, and inefficient in its 'war on terror.' Nothing else that I have seen on these matters is more important."---Sidney winn. University of South Florida and Temple University --
Category: Law

Taking Liberties

Author : Susan N. Herman
ISBN : 9780199911981
Genre : Political Science
File Size : 30.76 MB
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In this eye-opening work, the president of the ACLU takes a hard look at the human and social costs of the War on Terror. Over a decade after 9/11, it is far from clear that the government's hastily adopted antiterrorist tactics--such as the Patriot Act--are keeping us safe, but it is increasingly clear that these emergency measures in fact have the potential to ravage our lives--and have already done just that to countless Americans. From the Oregon lawyer falsely suspected of involvement with terrorism in Spain to the former University of Idaho football player arrested on the pretext that he was needed as a "material witness" (though he was never called to testify), this book is filled with unsettling stories of ordinary people caught in the government's dragnet. These are not just isolated mistakes in an otherwise sound program, but demonstrations of what can happen when our constitutional protections against government abuse are abandoned. Whether it's running a chat room, contributing to a charity, or even urging a terrorist group to forego its violent tactics, activities that should be protected by the First Amendment can now lead to prosecution. Blacklists and watchlists keep people grounded at airports and strand American citizens abroad, although these lists are rife with errors--errors that cannot be challenged. National Security Letters allow the FBI to demand records about innocent people from libraries, financial institutions, and internet service providers without ever going to court. Government databanks now brim with information about every aspect of our private lives, while efforts to mount legal challenges to these measures have been stymied. Barack Obama, like George W. Bush, relies on secrecy and exaggerated claims of presidential prerogative to keep the courts and Congress from fully examining whether these laws and policies are constitutional, effective, or even counterproductive. Democracy itself is undermined. This book is a wake-up call for all Americans, who remain largely unaware of the post-9/11 surveillance regime's insidious and continuing growth.
Category: Political Science

Afghanistan From The Cold War Through The War On Terror

Author : Barnett R. Rubin
ISBN : 9780199970414
Genre : History
File Size : 26.15 MB
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One of our foremost authorities on modern Afghanistan, Barnett R. Rubin has dedicated much of his career to the study of this remote mountain country. He served as a special advisor to the late Ambassador Richard Holbrooke during his final mission to the region and still serves the Obama administration under Holbrooke's successor, Ambassador Marc Grossman. Now Rubin distills his unmatched knowledge of Afghanistan in this invaluable book. He shows how the Taliban arose in resistance to warlords some of whom who were raping and plundering with impunity in the vacuum of authority left by the collapse of the Afghan state after the Soviet withdrawal. The Taliban built on a centuries-old tradition of local leadership by students and teachers at independent, rural madrasas--networks that had been marginalized by the state-building royal regime that was itself destroyed by the Soviets and radicalized by the resistance to the invasion. He examines the arrival of Arab Islamists, the missed opportunities after the American-led intervention, the role of Pakistan, and the challenges of reconstruction. Rubin provides first-hand accounts of the bargaining at both the Bonn Talks of 2001 and the Afghan Constitutional Loya Jirga of 2003-2004, in both of which he participated as a UN advisor. Throughout, he discusses the significance of ethnic rivalries, the drug trade, human rights, state-building, US strategic choices, and international organizations, analyzing the missteps in these areas taken by the international community since 2001. The book covers events till the start of the Obama administration, and the final chapters provide an inside look at some of the thinking that is shaping today's policy debates inside the administration. Authoritative, nuanced, and sweeping in scope, Afghanistan in the Post-Cold War Era provides deep insight into the greatest foreign policy challenge facing America today.
Category: History