THE CHALLENGE HAMDAN V RUMSFELD AND THE FIGHT OVER PRESIDENTIAL POWER

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The Challenge

Author : Jonathan Mahler
ISBN : 1429933127
Genre : History
File Size : 86.31 MB
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An inspiring legal thriller set against the backdrop of the war on terror, The Challenge tells the inside story of a historic Supreme Court showdown. At its center are a Navy JAG and a young constitutional law professor who, in the aftermath of 9/11, find themselves defending their nation in the unlikeliest of ways: by suing the president of the United States on behalf of an accused terrorist in order to prevent the American government from breaking the law and violating the Constitution. Jonathan Mahler traces the journey of their client, Salim Ahmed Hamdan, from the Yemeni mosque where he was first recruited for jihad in 1998, through his years working as a driver for Osama bin Laden, to his capture in Afghanistan in November 2001 and his subsequent transfer to Guantanamo Bay. It was there that Hamdan was designated by President Bush to be tried before a special military tribunal and assigned a military lawyer to represent him, a thirty-five-year-old graduate student of the Naval Academy, Lieutenant Commander Charles Swift. No one expected Swift to mount much of a defense. Not only were the rules of the tribunals, America's first in more than fifty years, stacked against him, his superiors at the Pentagon were pressuring him to persuade Hamdan to plead guilty. But Swift didn't believe that the tribunals were either legal or fair, so he enlisted a young Georgetown law professor named Neal Katyal to help him sue the Bush administration over their legality. In the spring of 2006, Katyal, who had almost no trial experience, took the case to the Supreme Court and won. The landmark ruling has been called the Court's most important decision ever on presidential power and the rule of law. Written with the cooperation of Swift and Katyal, The Challenge follows the braided stories of Swift's intense, precarious relationship with Hamdan and the unprecedented legal case itself. Combining rich character portraits and courtroom drama reminiscent of Jonathan Harr's A Civil Action with sophisticated yet accessible legal analysis, The Challenge is a riveting narrative that illuminates some of the most pressing constitutional questions of the post-9/11 era.
Category: History

The Greatest Criminal Cases Changing The Course Of American Law

Author : J. Michael Martinez
ISBN : 9781440828690
Genre : Social Science
File Size : 36.59 MB
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This fascinating book recounts the compelling stories behind 14 of the most important criminal procedure cases in American legal history. • Includes 20 photographs of key participants and scenes • Explains legal principles through engaging, jargon-free prose • Connects the importance of the cases to constitutional criminal procedure • Explores the impact of Supreme Court decisions
Category: Social Science

Supreme Decisions

Author : Melvin I. Urofsky
ISBN : 9780813347356
Genre : Law
File Size : 62.99 MB
Format : PDF
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Compellingly written, accessible, and interpretive, Melvin I. Urofsky's stories of major Supreme Court cases and the impact of each ruling on American constitutional law make a readable book for every student.
Category: Law

The Development Of The American Presidency

Author : Associate Professor of Political Science Richard J Ellis
ISBN : 9781136980602
Genre : Political Science
File Size : 33.7 MB
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Our understanding of the politics of the presidency is greatly enhanced by viewing it through a developmental lens, analyzing how historical turns have shaped the modern institution. The Development of the American Presidency pays great attention to that historical weight but is organized topically and conceptually with the constitutional origins and political development of the presidency its central focus. Through comprehensive and in-depth coverage, this text looks at how the presidency has evolved in relation to the public, to Congress, to the Executive branch, and to the law, showing at every step how different aspects of the presidency have followed distinct trajectories of change. All the while, Ellis illustrates the institutional relationships and tensions through stories about particular individuals and specific political conflicts. Ellis's own classroom pedagogy of promoting active learning and critical thinking is well reflected in these pages. Each chapter begins with a narrative account of some illustrative puzzle that brings to life a central concept. A wealth of photos, figures, and tables allow for the visual presentations of concepts. A companion website not only acts as a further resources base—directing students to primary documents, newspapers, and data sources—but also presents interactive timelines, practice quizzes, and key terms to help students master the book's lessons.
Category: Political Science

Presidents And Civil Liberties From Wilson To Obama

Author : Samuel Walker
ISBN : 9781107379244
Genre : Law
File Size : 70.96 MB
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This book is a history of the civil liberties records of American presidents from Woodrow Wilson to Barack Obama. It examines the full range of civil liberties issues: First Amendment rights of freedom of speech, press and assembly; due process; equal protection, including racial justice, women's rights, and lesbian and gay rights; privacy rights, including reproductive freedom; and national security issues. The book argues that presidents have not protected or advanced civil liberties, and that several have perpetrated some of the worst violations. Some Democratic presidents (Wilson and Roosevelt), moreover, have violated civil liberties as badly as some Republican presidents (Nixon and Bush). This is the first book to examine the full civil liberties records of each president (thus, placing a president's record on civil rights with his record on national security issues), and also to compare the performance on particular issues of all the presidents covered.
Category: Law

Military Law Review

Author :
ISBN : STANFORD:36105134302434
Genre : Courts-martial and courts of inquiry
File Size : 77.37 MB
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Category: Courts-martial and courts of inquiry

Is There A Right To Remain Silent

Author : Alan M. Dershowitz
ISBN : 9780195307795
Genre : Law
File Size : 29.28 MB
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An outspoken legal scholar and author of America on Trial reveals why Fifth Amendment rights matter and how they are being reshaped, limited, and in some cases revoked in the wake of 9/11, in this absorbing look at one of the most essential constitutional rights.
Category: Law

Judging Executive Power

Author : Richard J. Ellis
ISBN : 0742565130
Genre : Law
File Size : 23.83 MB
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Judging Executive Power introduces students to sixteen important Supreme Court cases that have shaped the power of the American presidency. The cases selected include the removal power, executive privilege, executive immunity, the line-item veto, as well as a president's wartime powers from the Civil War to the War on Terror. The book both brings the courts back into the teaching of the American presidency and securely fixes landmark judicial opinions within their political and historical context.
Category: Law

Islamophobia

Author : Stephen Sheehi
ISBN : 093286399X
Genre : Political Science
File Size : 74.54 MB
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"Sheehi's analysis of Islamophobia as an ideological formation brings a much needed dose of fresh air and analytical clarity ... A worthy update of Said's seminal discussion of Orientalism and one that leaves few players in the contemporary foreign policy establishment, in particular so-called liberals, unscathed." Mark Levine, Author of why they Don't Hate us and Heavy Metal Islam.
Category: Political Science

Guantanamo And The Abuse Of Presidential Power

Author : Joseph Margulies
ISBN : 9780743286862
Genre : Law
File Size : 67.55 MB
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Argues that the Bush administration is abusing the law to give unlimited legal power to the president, citing the author's fight to win prisoners at Guantâanamo Bay the right to a judicial review.
Category: Law