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Supreme Court Jurisprudence In Times Of National Crisis Terrorism And War

Author: Arthur H. Garrison
Publisher: Lexington Books
ISBN: 0739151045
Size: 60.63 MB
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From the foundation of the American Republic, presidents have had to deal with both internal and external national security threats. From President Washington and his policy of neutrality during the wars between Great Britain and France in the eighteenth century, to President Lincoln and the war to save the union, to President Wilson during the war to end all wars, to President Roosevelt and war of the Greatest Generation, to President Truman and his steel during the forgotten war, and most recently to President Bush and the War on Terror, presidents have had to use their power as commander-in-chief to meet the challenges of national crisis and war. The judiciary, specifically the Supreme Court, has also played an integral part in the historical development and defining of the commander-in-chief power in times of war and national crisis from the earliest days of the republic. How these powers have grown is a consequence of how the presidents have viewed the office of the presidency and how the judiciary has interpreted the commander-in-chief and executive power clauses of the U.S. Constitution over time. Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War provides a chronological review of the major national security and war events in American history. Garrison reviews the great debates between Hamilton and Madison and Chief Justice Roger Taney and Attorney General Edward Bates on presidential executive power and how subsequent presidents have adopted the Hamiltonian view of the presidency. He also examines how Article III courts, specifically the Supreme Court, have defined, expanded, and established boundaries on the commander-in-chief power. With this historical backdrop, Garrison reveals how, for over two centuries, the judiciary has defended the rule of law and maintained the principle that under the U.S. Constitution neither the guns of war nor threats to safety have silenced the rule of law.

Historical Dictionary Of United States Middle East Relations

Author: Peter L. Hahn
Publisher: Rowman & Littlefield
ISBN: 1442262958
Size: 61.35 MB
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This second edition of Historical Dictionary of United States-Middle East Relations contains a chronology, an introduction, appendixes, and a bibliography. The dictionary section has over 300 cross-referenced entries on national leaders, non-governmental organizations, policy initiatives, and armed conflicts.

Permanent State Of Emergency

Author: Ryan Alford
Publisher: McGill-Queen's Press - MQUP
ISBN: 077354920X
Size: 34.15 MB
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In the wake of the attacks of September 11, 2001, the United States launched initiatives that test the limits of international human rights law. The indefinite detention and torture of detainees at Guantánamo Bay, targeted killing, and mass surveillance require an expansion of executive authority that negates the rule of law. In Permanent State of Emergency, Ryan Alford establishes that the ongoing failure to address human rights abuses is a symptom of the most serious constitutional crisis in American history. Instead of curbing the increase in executive power, Congress and the courts facilitated the breakdown of the nation’s constitutional order and set the stage for presidential supremacy. The presidency, Alford argues, is now more than imperial: it is an elective dictatorship. Providing both an overview and a systematic analysis of the new regime, he objectively demonstrates that it does not meet even the minimum requirements of the rule of law. At this critical juncture in American democracy, Permanent State of Emergency alerts the public to the structural transformation of the state and reiterates the importance of the constitutional limits of the American presidency.

Atrocity Speech Law

Author: Gregory S. Gordon
Publisher: Oxford University Press
ISBN: 0190612681
Size: 41.96 MB
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The law governing the relationship between speech and core international crimes a key component in atrocity prevention is broken. Incitement to genocide has not been adequately defined. The law on hate speech as persecution is split between the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Instigation is confused with incitement and ordering's scope is too circumscribed. At the same time, each of these modalities does not function properly in relation to the others, yielding a misshapen body of law riddled with gaps. Existing scholarship has suggested discrete fixes to individual parts, but no work has stepped back and considered holistic solutions. This book does. To understand how the law became so fragmented, it returns to its roots to explain how it was formulated. From there, it proposes a set of nostrums to deal with the individual deficiencies. Its analysis then culminates in a more comprehensive proposal: a "Unified Liability Theory," which would systematically link the core crimes of genocide, crimes against humanity, and war crimes with the four illicit speech modalities. The latter would be placed in one statutory provision criminalizing the following types of speech: (1) incitement (speech seeking but not resulting in atrocity); (2) speech abetting (non-catalytic speech synchronous with atrocity commission); (3) instigation (speech seeking and resulting in atrocity); and (4) ordering (instigation/incitement within a superior-subordinate relationship). Apart from its fragmentation, this body of law lacks a proper name as "Incitement Law" or "International Hate Speech Law," labels often used, fail to capture its breadth or relationship to mass violence. So this book proposes a new and fitting appellation: "atrocity speech law."

Not A Suicide Pact

Author: Richard A. Posner
Publisher: Oxford University Press
ISBN: 0195304276
Size: 49.28 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.

Judicial Review Of National Security

Author: David Scharia
Publisher: Oxford University Press, USA
ISBN: 0199393362
Size: 78.26 MB
Format: PDF
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Here, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review.

War By Other Means

Author: John Yoo
Publisher: Open Road + Grove/Atlantic
ISBN: 9781555847630
Size: 60.90 MB
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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, John 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. “At its core, War by Other Means offers spirited, detailed and often enlightening accounts of the decision-making process behind the key 2001-03 legal decisions.” —The Washington Post “Unambiguous and combative, Yoo’s philosophy is sure to spark further debate.” —Publishers Weekly

The Crisis Of Islam

Author: Bernard Lewis
Publisher: Random House Incorporated
ISBN: 0812967852
Size: 66.61 MB
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Traces the history of conflict between Islam and the West, exploring the meaning of the Islamic doctrine of jihad, the rise of militant Islam, and the impact of Saudi proselytizing and oil money on the rest of the Islamic world.

Terror And Consent

Author: Philip Bobbitt
Publisher: Penguin UK
ISBN: 0141916826
Size: 47.13 MB
Format: PDF, ePub
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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.

The History Of Terrorism

Author: Gérard Chaliand
Publisher: Univ of California Press
ISBN: 0520292502
Size: 63.41 MB
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First published in English in 2007 under title: The history of terrorism: from antiquity to al Qaeda.