CONSTITUTIONAL TORTS AND THE WAR ON TERROR

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Constitutional Torts And The War On Terror

Author : James E. Pfander
ISBN : 9780190495282
Genre :
File Size : 68.51 MB
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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.
Category:

Lessons And Legacies Of The War On Terror

Author : Everard Meade
ISBN : 9780415638418
Genre : History
File Size : 24.86 MB
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This volume examines the lessons and legacies of the U.S.-led "Global War on Terror," utilizing the framework of a political "moral panic." A decade after 9/11, it is increasingly difficult to deny that terror has prevailed - not as a specific enemy, but as a way of life. Transport, trade, and communications are repeatedly threatened and disrupted worldwide. While the pace and intensity of terror attacks have abated, many of the temporary security measures and sacrifices of liberty adopted in their immediate aftermath have become more or less permanent. This book examines the social, cultural, and political drivers of the war on terror through the framework of a "political moral panic": the exploration of threats to particular individuals or institutions that come to be viewed as threats to a way of life, social norms and values, civilization, and even morality itself. Drawing upon a wide range of domestic and international case studies, this volume reinforces the need for reason, empathy, and a dogged defence of principle in the face of terror. This book will be of much interest to students of terrorism studies, human rights, U.S. foreign policy, American politics, and Security Studies and I.R. in general.
Category: History

The American Legal System

Author : Albert P. Melone
ISBN : 0742547531
Genre : Law
File Size : 42.12 MB
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Firmly anchored in social science concepts, the second edition of The American Legal System demonstrates the relationships among private law, the business legal environment, and public law issues, as well as related subjects of interest. This fifteen-chapter book is divided into three parts. Part I places the legal system in a political perspective centering on the origins of the law, schools of jurisprudence, branches and functions of law, legitimacy of law, how the judiciary functions in the federal system of government, and judicial interpretation and decision making. Part II contrasts legal processes: civil suits for money damages, criminal processes, equity justice, administrative processes, and alternative dispute resolution. Part III centers on the legal norms or rules governing both civil and criminal conduct, property law, family law, contract law, and government regulation of business. Throughout, the text features edited court opinions many new to this edition illustrating lively and thought-provoking controversies that are certain to spark student interest. Among the many compelling issues addressed are the legal and constitutional controversies surrounding the Bush Administration's "War on Terror," and the socially explosive developments concerning same-sex marriage. In addition, each chapter includes at least three comparative notes showing how other legal cultures in different nation-states treat legal matters. A wealth of pedagogical features chapter-opening objectives; key terms, names, and concepts; a glossary, discussion questions, and appendices are included to aid student comprehension. The authors have prepared an Instructor's Manual and Test Bank to facilitate the book's use in the classroom."
Category: Law

Termination Of Employment

Author : Kenneth J. McCulloch
ISBN : CORNELL:31924092643893
Genre : Law
File Size : 43.40 MB
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Category: Law

Right Angle

Author : Sharron Angle
ISBN : 9781456754280
Genre : Political Science
File Size : 72.45 MB
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In 2009, Republican Nevada state legislator Sharron Angle declared her candidacy against Democrat United States Senate Majority Leader Harry Reid - one of the most powerful men in the nation. Thus began a whirlwind year that would take Angle, a former teacher and housewife, from relative obscurity to becoming a leading voice in the surging TEA Party movement. Reid and the political establishment spent millions of dollars telling voters about their version of “Sharron Angle.” In Right Angle, you’ll meet the real Sharron Angle...in her own words. You’ll meet the concerned mother who ran for the local school board to help change homeschooling laws. You’ll follow Sharron during her run against her own party’s big government establishment to win a seat in the Nevada Legislature and throughout her subsequent ?ghts to preserve the Constitution.
Category: Political Science

The Counterinsurgent S Constitution

Author : Ganesh Sitaraman
ISBN : 9780199986903
Genre : Law
File Size : 42.60 MB
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Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.
Category: Law

Law 101

Author : Jay M. Feinman
ISBN : 9780199752843
Genre : Law
File Size : 79.58 MB
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The first two editions of the best-selling Law 101 provided readers with a vividly written and indispensable portrait of our nation's legal system. Now, in this third edition, Jay M. Feinman offers a fully updated survey of American law that incorporates fresh material on 2009 Supreme Court cases, the legal response to the war on terror (including the Guantanamo detainees and electronic surveillance), and to the latest developments in Internet law. In a book brimming with legal puzzles, interesting anecdotes, and thought-provoking questions, Jay M. Feinman's clear introduction to the law provides us with a solid understanding of the American legal tradition and covers the main subjects taught in the first year of law school. Readers are introduced to every aspect of the legal system, from constitutional law and the litigation process to tort law, contract law, property law, and criminal law. Feinman illuminates each discussion with many intriguing, outrageous, and infamous cases, from the scalding coffee case that cost McDonald's half a million dollars, to the sensational murder trial in Victorian London that led to the legal definition of insanity, to the epochal decision in Marbury v. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. He broadens the reader's legal vocabulary, clarifying the meaning of everything from "due process" and "equal protection" in constitutional law to the distinction between "murder" and "manslaughter" in criminal law. Perhaps most important, we learn that though the law is voluminous and complex, it is accessible to all. Everyone who wants a better grasp of current legal issues--from students contemplating law school, to journalists covering the legislature or the courts, to fans of Court TV--will find here a wonderful source of information: a complete, clear, and colorful map of the American legal system.
Category: Law