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 : 31.47 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:

Florida Law Review

Author :
ISBN : UCAL:B5497854
Genre : Law reviews
File Size : 90.68 MB
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Category: Law reviews

The Counterinsurgent S Constitution

Author : Ganesh Sitaraman
ISBN : 9780199986903
Genre : Law
File Size : 39.81 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

Concepts Of Law

Author : Dr Lukas Heckendorn Urscheler
ISBN : 9781472401540
Genre : Law
File Size : 31.21 MB
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Debates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important part of Western thought, both within legal scholarship and beyond. The contributors to Concepts of Law are international experts from the fields of comparative law, legal philosophy, and the social sciences. Combining theoretical analyses with case studies, they explore various legal concepts and contexts from diverse national and disciplinary perspectives. Legal and normative pluralism is a theme throughout. Some chapters discuss the development of state law and legal systems. Others wrestle with law’s rhetoric and the potential utility of alternative vocabularies, e.g., 'governance' and ‘governmentality’. Others reveal the rich polyjurality of the present, from the local to the global. The result is a rich picture of both present scholarship on laws and norms and the state of contemporary legal complexity, each crossing traditional boundaries.
Category: Law

Cato Handbook On Policy

Author : Cato Institute
ISBN : 1930865686
Genre : Political Science
File Size : 24.34 MB
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Details how legislators can return the federal goverment to the size and scope envisioned by the Founding Fathers.
Category: Political Science

Taming Globalization

Author : Julian Ku
ISBN : 9780199837427
Genre : LAW
File Size : 58.96 MB
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As the nations of the world become more interconnected and less isolated every day, the U.S. legal system has struggled to take advantage of globalization's benefits while protecting the country's sovereignty. In Taming Globalization, Julian Ku and John Yoo offer a bold new look at this growing problem, arguing that the political branches and not the courts should be implementing and enforcing international law in the U.S. This reconciliation of globalization and the U.S. Constitution will influence debates now raging in courtrooms, the halls of Congress, and the public arena.
Category: LAW

Unchecked And Unbalanced

Author : Schwarz O.
ISBN : 9781595587459
Genre : Political Science
File Size : 76.89 MB
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Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government. Through a constellation of non-public laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power’s limits. Decisions are routinely executed at senior levels within the civilian administration without input from Congress or the federal courts, let alone our international allies. Secret NSA spying at home is the most recent of these. Harsh treatment of detainees, “extraordinary renditions,” secret foreign prisons, and the newly minted enemy combatant designation have also undermined our values. The resulting policies have harmed counterterrorism efforts and produced few tangible results. With a partisan Congress predictably reluctant to censure a politically aligned president, it is all the more important for citizens themselves to demand disclosure, oversight, and restraint of sweeping claims of executive power. This book is the first step.
Category: Political Science

The American Legal System

Author : Albert P. Melone
ISBN : 0742547531
Genre : Law
File Size : 38.68 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

Kafka Comes To America

Author : Steven T. Wax
ISBN : 9781590512951
Genre : Law
File Size : 54.96 MB
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Argues that civil liberties have eroded since the September 11 terrorist attacks and presents case studies of two men who were casualties of post-9/11 counterterrorism measures.
Category: Law

Law 101

Author : Jay M. Feinman
ISBN : 9780199750696
Genre : Law
File Size : 21.26 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