UNDER THE COLOR OF LAW THE BUSH ADMINISTRATION SUBVERSION OF US CONSTITUTIONAL AND INTERNATIONAL LAW IN THE WAR ON TERROR

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Under The Color Of Law

Author : Martin Henn
ISBN : 9780739143315
Genre : Political Science
File Size : 21.88 MB
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Under the Color of Law constitutes a full and critical scholarly commentary to the text of five key Bush administration legal memoranda formative of U.S. counterterrorism policy from 2001 to 2009. This volume is dedicated to the idea that these documents are worthy of being read and critically examined in themselves as primary text, precisely because the act of critical assessment may yield meaningful policy reform in the ongoing debate facing the nation over balancing security interests with the preservation of civil liberties. This volume is intended to provide counterpoint for, and antithesis to, positions vigorously defended by President Bush's attorneys working at the OLC inside the Department of Justice, and it is designed to be used primarily in conjunction with and examined as response to the Bush-era documents themselves. Martin Henn investigates five central questions, each framed around commentary to a specific administration document. This work addresses the Yoo-Flanigan Memorandum of September 25, 2001, and asks whether any President has constitutional power to initiate a foreign war without congressional authorization. Regarding President Bush's November 13 executive order of 2001, Henn asks whether an emergency of war permits any President to usurp judicial and legislative powers to interpret law and define and punish offences against the law of nations. Along with many other questions these documents initiate, the author carefully analyzes and seeks to answer questions regarding the Bush administration, the use of interrogational coercion and torture in the war on terror.
Category: Political Science

In The Shadow Of Korematsu

Author : Eric K. Yamamoto
ISBN : 9780190878962
Genre : Law
File Size : 30.89 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

Parmenides Of Elea

Author : Parmenides
ISBN : 0275979334
Genre : History
File Size : 72.96 MB
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The author presents a reinvigorating verse translation of the Diels and Kranz B-Fragments of Parmenides cast in rhyming couplet iambic pentameter. Placing Parmenides in his proper historical context by taking seriously the impact of Persian Zoroastrianism on his developing monoism, Henn supplies precise interpretation of the most difficult and vexing of Parmenides's fragments, while also providing reliable philosophical analysis of the many seeming contradictions latent in the text.
Category: History

The 9 11 Commission Report

Author :
ISBN : 9780160891809
Genre : Political Science
File Size : 41.88 MB
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This edition has been designated as the only official U.S. Government edition of the 9-11 Commission’s Final Report. It provides a full and complete account of the circumstances surrounding the September 11th, 2001 terrorist attacks, including preparedness for and the immediate response to the attacks. It also includes recommendations designed to guard against future attacks.
Category: Political Science

Managing Culture And Interspace In Cross Border Investments

Author : Martina Fuchs
ISBN : 9781317399469
Genre : Business & Economics
File Size : 60.39 MB
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This book focuses on the dialectics between spatio-organisational gaps and local contexts that characterise cross-border investments. "Interspatial" investments – be it mergers & acquisitions (M&A) or greenfield investments – are usually characterised by what is referred to as "otherness", i.e. organisational and cultural distances of the firms involved in relation to their regional contexts. At the same time, economic, political and socio-cultural linkages are decisive for attracting cross-border investments to regions and for providing firms with conditions supportive of their market success. As a consequence of being locked into complex structures of proximities, cross-border investments are situated in contested terrain. This terrain triggers learning processes in both regional actors and investors, which can result in the convergence of mindsets and organisational issues. This book is unique in that it combines interspace (defined as the distance between the new owner and the cross-border venture), place (the target region), interpretation (perception and understanding of the investment by the actors involved) and context (institutions, actor networks and interaction), thus offering better understanding of recent processes of globalisation. Crossing disciplinary boundaries by integrating economic geography and management studies, the volume adopts an innovative and spatially informed perspective on foreign direct investments (FDI). This perspective will be of great value to scholars, students and practitioners. The volume is inventive in its approach in that it offers fresh readings from interdisciplinary theoretical approaches and combines these with valuable empirical insights from developed as well as Emerging Economies.
Category: Business & Economics

Constitution Of Imperium

Author : Ronnie D. Lipschutz
ISBN : 9781317262114
Genre : Political Science
File Size : 75.63 MB
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The title of this book is a play upon several important concepts and forces in the ongoing debate about American empire. Since September 11, 2001, the Bush administration and its counsels in the U.S. Department of Justice have been both constituting an empire of American hegemony and, in so doing, violating the spirit and the law of the American Constitution at home and abroad. The U.S. Constitution has been doing work in the "nonsovereign" spaces of Guantanamo Bay, Cuba, Abu Ghraib, Baghdad, and CIA black detention sites around the world. The reach of this constitution is becoming visible in National Security Agency surveillance and data mining of electronic communications between the United States and the rest of the world and in a myriad of other regulatory and legal demands made by the United States both of its citizens and of those living in and traveling among other countries. And, in testing the limits of its wished-for powers, the Bush administration seeks to constitute an imperium that, by its own definition, would be nowhere subject to the long-assumed checks of either the U.S. Constitution, Congress, the courts, or international law, for it operates outside of the boundaries of American sovereignty in defiance of the international community and the United Nations, and in violation of the law of nations. This book is the latest and perhaps sharpest entry in the burgeoning literature of American empire since Hardt and Negri. Its focus on the legal and institutional aspects of empire sets it apart from the literature on this subject.
Category: Political Science

Power Wars

Author : Charlie Savage
ISBN : 9780316286602
Genre : Political Science
File Size : 34.61 MB
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Pulitzer Prize-winning journalist Charlie Savage's penetrating investigation of the Obama presidency and the national security state Barack Obama campaigned on changing George W. Bush's "global war on terror" but ended up entrenching extraordinary executive powers, from warrantless surveillance and indefinite detention to military commissions and targeted killings. Then Obama found himself bequeathing those authorities to Donald Trump. How did the United States get here? In Power Wars, Charlie Savage reveals high-level national security legal and policy deliberations in a way no one has done before. He tells inside stories of how Obama came to order the drone killing of an American citizen, preside over an unprecendented crackdown on leaks, and keep a then-secret program that logged every American's phone calls. Encompassing the first comprehensive history of NSA surveillance over the past forty years as well as new information about the Osama bin Laden raid, Power Wars equips readers to understand the legacy of Bush's and Obama's post-9/11 presidencies in the Trump era.
Category: Political Science

Are Efforts To Reduce Terrorism Successful

Author : Lauri S. Friedman
ISBN : 0737723343
Genre : Juvenile Nonfiction
File Size : 68.32 MB
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Presents essays and other secondary sources to offer various opinions on the controverisal subject of America's War on Terrorism.
Category: Juvenile Nonfiction

The Imperial Presidency

Author : Arthur Meier Schlesinger
ISBN : 0618420010
Genre : History
File Size : 39.6 MB
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The presidential historian charts the progression of American power from George Washington to George W. Bush, revealing the exercise of power through the office as it has developed into an "imperial" seat of authority, in an updated edition of the classic history. Reprint.
Category: History