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A War Like No Other

Author: Owen M. Fiss
Publisher: The New Press
ISBN: 162097097X
Size: 54.14 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.

In The Shadow Of Korematsu

Author: Eric K. Yamamoto
Publisher: Oxford University Press
ISBN: 0190878967
Size: 66.10 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.

The Age Of Deference

Author: David Rudenstine
Publisher: Oxford University Press
ISBN: 0199381488
Size: 61.34 MB
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In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.

Not A Suicide Pact

Author: Richard A. Posner
Publisher: Oxford University Press
ISBN: 0195304276
Size: 24.91 MB
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A cogent and elegant response to protests against measures taken by the Bush administration since 9/11 is offered in this exploration of how personal liberty must be balanced with public safety in the face of grave national danger.

Pearl Harbor

Author: Craig Nelson
Publisher: Simon and Schuster
ISBN: 1451660510
Size: 62.33 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.

War By Other Means

Author: John Yoo
Publisher: Open Road + Grove/Atlantic
ISBN: 9781555847630
Size: 73.14 MB
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John Yoo, the key legal architect of the Bush administration’s response to 9/11, delivers a fascinating insider account of the War on Terror. While America reeled from the cataclysmic events of September 11, 2001, Yoo and a skeletal staff of the Office of Legal Counsel found themselves on the phone with the White House. In a series of memos, Yoo offered his legal opinions on the president’s authority to respond, and in the process had an almost unmatched impact on America's fight against terrorism. His analysis led to many of the Bush administration’s most controversial policies, including detention at Guantanamo Bay, coercive interrogation, military trials for terrorists, preemptive attacks, and the National Security Agency’s wiretapping program. In fascinating detail, Yoo takes us inside the corridors of power and examines specific cases, from John Walker Lindh and Jose Padilla to an American al-Qaeda leader assassinated by a CIA pilotless drone in the deserts of Yemen. In a midterm election year, when the controversies over the president’s handling of the War on Terror are sure to wage more forcefully than ever before, John Yoo’s War by Other Means is set to become one of the fall’s most talked about books.

Long Wars And The Constitution

Author: Stephen M. Griffin
Publisher: Harvard University Press
ISBN: 0674074459
Size: 38.38 MB
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Extension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war.

Terror And Consent

Author: Philip Bobbitt
Publisher: Penguin UK
ISBN: 0141916826
Size: 19.34 MB
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The wars against terror have begun, but it will take some time before the nature and composition of these wars is widely understood. The objective of these wars is not the conquest of territory, or the silencing of any particular ideology, but rather to secure the necessary environment for states to operate according to principles of consent and make it impossible for our enemies to impose or induce states of terror. Terror and Consent argues that, like so many states and civilizations in the past that suffered defeat, we are fighting the last war, with weapons and concepts that were useful to us then but have now been superseded. Philip Bobbitt argues that we need to reforge links that previous societies have made between law and strategy; to realize how the evolution of modern states has now produced a globally networked terrorism that will change as fast as we can identify it; to combine humanitarian interests with strategies of intervention; and, above all, to rethink what 'victory' in such a war, if it is a war, might look like - no occupied capitals, no treaties, no victory parades, but the preservation, protection and defence of states of consent. This is one of the most challenging and wide-ranging books of any kind about our modern world.

Terrorism And The Constitution

Author: David Cole
Publisher: The New Press
ISBN: 1565849396
Size: 68.22 MB
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Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the Patriot Act, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.

The Dark Side

Author: Jane Mayer
Publisher: Anchor
ISBN: 0307456501
Size: 57.50 MB
Format: PDF
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The Dark Side is a dramatic, riveting, and definitive narrative account of how the United States made self-destructive decisions in the pursuit of terrorists around the world—decisions that not only violated the Constitution, but also hampered the pursuit of Al Qaeda. In spellbinding detail, Jane Mayer relates the impact of these decisions by which key players, namely Vice President Dick Cheney and his powerful, secretive adviser David Addington, exploited September 11 to further a long held agenda to enhance presidential powers to a degree never known in U.S. history, and obliterate Constitutional protections that define the very essence of the American experiment. With a new afterward. One of The New York Times 10 Best Books of the Year National Bestseller National Book Critics Circle Award Finalist A Best Book of the Year: Salon, Slate, The Economist, The Washington Post, Cleveland Plain-Dealer