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The Court And The World

Author: Stephen Breyer
Publisher: Vintage
ISBN: 1101946202
Size: 41.18 MB
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In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike. From the Hardcover edition.

Failures Of American Methods Of Lawmaking In Historical And Comparative Perspectives

Author: James R. Maxeiner
Publisher: Cambridge University Press
ISBN: 1108195830
Size: 11.80 MB
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In this book, James R. Maxeiner takes on the challenge of demonstrating that historically American law makers did consider a statutory methodology as part of formulating laws. In the nineteenth century, when the people wanted laws they could understand, lawyers inflicted judge-made, statute-destroying, common law on them. Maxeiner offers the cure for common law, in the form of sensible statute law. Building on this historical evidence, Maxeiner shows how rule-making in civil law jurisdictions in other countries makes for a far more equitable legal system. Sensible statute laws fit together: one statute governs, as opposed to several laws that even lawyers have trouble disentangling. In a statute law system, lawmakers make laws for the common good in sensible procedures, and judges apply sensible laws and do not make them. This book shows how such a system works in Germany and would be a solution for the American legal system as well.

The Role Of The Highest Courts Of The United States Of America And South Africa And The European Court Of Justice In Foreign Affairs

Author: Riaan Eksteen
Publisher: Springer
ISBN: 9462652953
Size: 16.87 MB
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This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states' foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. 0A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach. 0The lack of recognition of the judiciary's role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs.

The World Reimagined

Author: Mark Philip Bradley
Publisher: Cambridge University Press
ISBN: 1316720500
Size: 61.74 MB
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Concerns about rights in the United States have a long history, but the articulation of global human rights in the twentieth century was something altogether different. Global human rights offered individuals unprecedented guarantees beyond the nation for the protection of political, economic, social and cultural freedoms. The World Reimagined explores how these revolutionary developments first became believable to Americans in the 1940s and the 1970s through everyday vernaculars as they emerged in political and legal thought, photography, film, novels, memoirs and soundscapes. Together, they offered fundamentally novel ways for Americans to understand what it means to feel free, culminating in today's ubiquitous moral language of human rights. Set against a sweeping transnational canvas, the book presents a new history of how Americans thought and acted in the twentieth-century world.

Jewish Justices Of The Supreme Court

Author: David G. Dalin
Publisher: Brandeis University Press
ISBN: 1512600148
Size: 50.92 MB
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Jewish Justices of the Supreme Court examines the lives, legal careers, and legacies of the eight Jews who have served or who currently serve as justices of the U.S. Supreme Court: Louis D. Brandeis, Benjamin Cardozo, Felix Frankfurter, Arthur Goldberg, Abe Fortas, Ruth Bader Ginsburg, Stephen G. Breyer, and Elena Kagan. David Dalin discusses the relationship that these Jewish justices have had with the presidents who appointed them, and given the judges' Jewish background, investigates the antisemitism some of the justices encountered in their ascent within the legal profession before their appointment, as well as the role that antisemitism played in the attendant political debates and Senate confirmation battles. Other topics and themes include the changing role of Jews within the American legal profession and the views and judicial opinions of each of the justices on freedom of speech, freedom of religion, the death penalty, the right to privacy, gender equality, and the rights of criminal defendants, among other issues.

American Dreaming Global Realities

Author: Donna R. Gabaccia
Publisher: Univ of Illinois Pr
ISBN: 9780252030642
Size: 22.34 MB
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Twenty-two essays on immigration history are arranged chronologically and grouped around themes of transnationalism, community, building, making home, and citizenship.

Global Civil Society 2011

Author: H. Seckinelgin
Publisher: Springer
ISBN: 0230303803
Size: 21.39 MB
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Global Civil Society 2011 combines activist and academic accounts of contemporary struggles to promote, negotiate and deliver justice in a global frame without a central authority. In their engagement with cultural diversity and their networked communication the contributors rethink and remake justice beyond the confines of the nation state.