Author: John Quigley
Publisher: Cambridge University Press
ISBN: 1108428231
Category : Law
Languages : en
Pages : 303
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Book Description
Investigates how foreigners charged with capital murder in the United States are deprived of rights by police and courts.
Author: Wesley Kendall
Publisher: Rowman & Littlefield
ISBN: 1442224363
Category : Political Science
Languages : en
Pages : 227
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Book Description
This unique book examines how U.S. domestic policy regarding the death penalty has been influenced by international pressures, in particular, by foreign nations and international organizations. International pressure has mounted against America’s use of the death penalty, straining diplomatic ties. U.S. policies that endorse the execution of juveniles, the mentally handicapped, and disadvantaged foreign nationals have been recognized by allied nations and international organizations as human rights abuses and violation of international law. Further, organizations such as the United Nations and Amnesty International have issued scathing reports revealing racial bias and fundamental procedural flaws in almost every phase of the judicial process in capital cases. International pressures directed at governmental entities, in particular specific states such as Texas, can have a profound impact on governmental operational efficiency and public opinion and effectively render capital punishment cost-prohibitive from a public policy standpoint. The Death Penalty and U.S. Diplomacy analyzes the institutional response to specific forms of foreign intervention and influence such as consular intervention, international litigation, and extradition negotiation. This is documented through case studies such as how a judge in Texas v. Green turned to a comparative Delaware case that relied on the Vienna Convention to remove the death penalty as possible punishment, and how Mexico pressured the White House in two separate cases. By demonstrating that foreign actors have done much to constrain the United States to abandon its policies of executing foreigners, as well as its own citizens, the book explores the foreign dimensions of the U.S. death penalty while advancing the debate surrounding the viability of this controversial policy.
Author: Jorge G. Castañeda
Publisher: Oxford University Press
ISBN: 0190224517
Category : Political Science
Languages : en
Pages : 240
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Book Description
Do Americans care what foreigners think about the United States? This book makes the case that they should. In these pages, Jorge Castañeda writes from his unique vantage point as a former Foreign Minister of Mexico who has lived, studied, and worked in America. He offers an impressionistic, analytical, and intuitive review of his experience in the country over the last half-century, and shows how foreigners can provide perspective on the United States' true nature. Castañeda brings a different viewpoint to issues ranging from purported American exceptionalism, uniformity, race and religion, culture, immigration, and the death penalty. Visitors and analysts, from Dickens to Naipaul, have generally asked the right questions and described America's most salient features and mysteries. But, they have not always followed through with answers and explanations. Castañeda draws from his work with American civil society and government authorities to provide both insight and context. Americans have long seen their country as "exceptional," standing outside of history, but by comparing its contemporary politics and culture with those of other countries, Castañeda shows how increasing nationalism and nostalgia are actually making the US more like other countries. Castañeda admits that most Americans have never cared much about what a foreigner thinks about their country, but the dynamic is shifting. The outside world means more to the US than ever before, and Americans should care about what foreigners think since they are now so sensitive to what foreigners do. Since Trump's election in 2016, American politics increasingly resemble those of Europe, Latin America, and parts of Asia, such that pining for a lost and glorious past is as American as it is British, Mexican, Chinese, or Italian. Now, the questions that serious, knowledgeable, and sympathetic foreigners address to Americans may be the ones Americans ask--or should ask--for themselves.
Author: Oscar Hughes Price
Publisher: Xlibris Corporation
ISBN: 1514401312
Category : Biography & Autobiography
Languages : en
Pages : 486
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Book Description
Oscar Hughes Price was born in Port-Au-Prince, Haiti, where he finished his basic, general school studies. He experienced the tip end of the Duvaliers regimes. He migrated to the United States in his mid-twenties. He briefly attended the Community College of Baltimore County in Dundalk, Maryland, pursuing a degree in heating air-conditioning recovery. Price is married and is a father to three children.
Author: Diego Acosta
Publisher: Cambridge University Press
ISBN: 1108576036
Category : Political Science
Languages : en
Pages : 298
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Book Description
Since the turn of the century, South American governments and regional organisations have adopted the world's most open discourse on migration and citizenship. At a time when restrictive choices were becoming increasingly predominant around the world, South American policymakers presented their discourse as being both an innovative and exceptional 'new paradigm' and part of a morally superior, avant-garde path in policymaking. This book provides a critical examination of the South American legal framework through a historical and comparative analysis. Diego Acosta uses this analysis to assess whether the laws are truly innovative and exceptional, as well as evaluating their feasibility, strengths and weaknesses. By analysing the legal construction of the national and the foreigner in ten South American countries during the last two centuries, he demonstrates how different citizenship and migration laws have functioned, as well as showing why states have opted for certain regulation choices, and the consequence of these choices for state- and nation-building in the continent. An invaluable insight for anyone interested in global migration and citizenship discussions.
Author: Alan Mygatt-Tauber
Publisher: University Press of Kansas
ISBN: 0700633618
Category : Law
Languages : en
Pages : 212
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Book Description
In 1993, José Medellín, an eighteen-year-old Mexican national who lived most of his life in the United States, was arrested for his participation in the gang rape and murder of two girls in Houston, Texas. Despite telling police that he was born in Mexico, he was never informed of his right to contact the Mexican Consulate, a right guaranteed to him by Article 36 of the Vienna Convention on Consular Relations. The Mexican government filed suit against the United States in the International Court of Justice (ICJ), which ruled that the United States had violated the rights of both Mexico and Medellín, along with fifty-one other Mexican nationals in other cases. The ICJ instructed the United States to provide “review and reconsideration” of the convictions and sentences of the fifty-two Mexican nationals. Armed with this new decision, Medellín sought a writ of habeas corpus, which was denied by the lower courts. He petitioned for a writ of certiorari, which the Supreme Court granted, twice. While President George W. Bush sided with the ICJ, the State of Texas, under Solicitor General Ted Cruz, argued against the president. Despite a nearly universal belief among court watchers and legal scholars that Texas would lose, the Court in a 6–3 decision ruled in favor of Texas and against Medellín in June 2008. Medellín was executed just two months later. In this volume Alan Mygatt-Tauber tells the story of Medellín v. Texas, showing how the Court’s 2008 ruling grappled with the complex question of how a united republic that respects the dual sovereignty of its constituent parts struggles to comply with its international obligations. But this is also a story of international human rights and the anomalous position of the United States regarding the death penalty compared to other nations. In the closing chapters, the author explores the aftermath of the execution, including the continued effort of Mexico to seek justice for its nationals. Mygatt-Tauber offers a detailed examination of the case at every stage of proceedings—trial, appeal, at the International Court of Justice, and in both trips to the Supreme Court. He provides never-before-revealed information about the thinking of the Bush White House in the decision to comply with the ICJ’s judgment and to withdraw from the Optional Protocol to the Vienna Convention that granted the ICJ jurisdiction.
Author: Alan William Clarke
Publisher: UPNE
ISBN: 9781555536824
Category : Law
Languages : en
Pages : 264
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Book Description
A study of the increasing international opposition to and growing domestic disaffection from the death penalty in America
Author: Jorge G. Castañeda
Publisher: Oxford University Press, USA
ISBN: 0190224495
Category : History
Languages : en
Pages : 321
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Book Description
"Foreigners have been writing about the United States ever since its foundation. Now it is my turn. But please don't hold this against me: the United States itself is at fault. Like a great many people on earth, I've long been fascinated by this remarkable phenomenon which calls itself America. My fate -or perhaps good fortune- has been that of a foreigner who for half a century lived the American experience-as a child, as a student, as an author, as a recurrent visitor and as a university professor. Being Mexican places me in a special category: having lost half its territory to the United States in the 19th century, having found itself caught up in the maelstrom of America's current identity crisis, Mexico can never ignore what happens north of the border. Further, while serving as Mexico's Foreign Minister from 2000 to 2003, I had the privilege of peeping inside the machinery of power that makes this great nation tick. That said, this book is not written from a Mexican perspective but rather from that of a sympathetic foreign critic who has seen the United States from both inside and outside. And its hope is to contribute something to how Americans view themselves and are viewed by the world. Before embarking on this journey, I naturally looked back at some of my forebears, earlier foreigners who were drawn to visit or live in the United States and who then went on to offer their version of America to their home readers. Some like the French traveler Alexis de Tocqueville, author of the early 19th century classic, Democracy in America, felt European nations had much to learn from the American democratic experiment. Others like Charles Dickens left dismayed by what he considered to be the country's singular obsession with money. But they are just two of dozens who have tried-and continue to try- to find a magic key that unlocks the complexities and contradictions of American society. Indeed, it is as if the United States seeks to challenge foreign writers to explain it, confident they will fail. And in taking it on, these outsiders have variously experienced frustration, hope, anger, excitement, disappointment and enlightenment- but never indifference"--
Author: John Quigley
Publisher: Cambridge University Press
ISBN: 1108656595
Category : Law
Languages : en
Pages : 304
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Book Description
Capital cases involving foreigners as defendants are a serious source of contention between the United States and foreign governments. By treaty, foreigner defendants must be informed upon arrest that they may contact a consul of their home country for assistance, yet police and judges in the United States are lax in complying. Foreigners on America's Death Row investigates the arbitrary way United States police departments, courts, and the Department of State implement well-established rights of foreigners arrested in the US. Foreign governments have taken the United States into international courts, which have ruled that the US must enforce the treaty. The United States has ignored these rulings. As a result, foreigners continue to be executed after a legal process that their home governments justifiably find to be flawed. When one country ignores the treaty rights of another as well as the decisions of international courts, the established order of international relations is threatened.
Author: Willis Fletcher Johnson
Publisher:
ISBN:
Category : United States
Languages : en
Pages : 528
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Book Description
