Bush, the Detainees, and the Constitution PDF Download
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Author: Howard Ball
Publisher:
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 296
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Book Description
Focuses on the recent "Enemy Combatant Cases" to provide a stern critique of the legal and constitutional basis for the enormous expansion of presidential power during the Bush administration's "War on Terror," and the challenges (especially in the Supreme Court) that such expansion has inspired.
Author: Paul D. Halliday
Publisher: Harvard University Press
ISBN: 0674064208
Category : History
Languages : en
Pages : 513
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Book Description
We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantnamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.
Author: Jennifer K. Elsea
Publisher:
ISBN: 9781116260786
Category : Aliens
Languages : en
Pages : 54
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Book Description
Author: Brian Duignan
Publisher: The Rosen Publishing Group, Inc
ISBN: 1538301741
Category : Young Adult Nonfiction
Languages : en
Pages : 130
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Book Description
Putting the three branches into historical context is important for understanding them, but equally important is illuminating the testing ground for their formation and solidification as current rules and regulations. Governments are fluid entities, and even written documents can be amended and changed out of careful consideration, observation, and sometimes necessity. More closely than the rest of the books in this series, this text shines a light on previous, documented changes to the written record underpinning the U.S. government, the U.S. Constitution, and how they came to be made.
Author: Amanda L. Tyler
Publisher: Oxford University Press
ISBN: 0199856664
Category : Law
Languages : en
Pages : 465
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Book Description
This book is the most comprehensive account of the role of habeas corpus in wartime ever written. It draws on a wealth of untapped resources to shed light on the political and legal understanding of habeas corpus that has unfolded over the course of Anglo-American history. The book traces the roots of the habeas privilege enshrined in the United States Constitution to England and then carries the story forward to document the profound influence of English law on early American law. It then takes the story forward to document the understanding of the privilege and the role of suspension over the course of American history.
Author: Randy James Holland
Publisher:
ISBN: 9780314676719
Category : Constitutional history
Languages : en
Pages : 0
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Book Description
An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Provides detailed statements of legal terms as well as their historical context.
Author: Richard Wilson
Publisher: Cambridge University Press
ISBN: 9780521853194
Category : Law
Languages : en
Pages : 376
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Book Description
This book reviews the war on terror since 9/11 from a human rights perspective.
Author: Benjamin Wittes
Publisher: Penguin
ISBN: 1440632847
Category : Political Science
Languages : en
Pages : 324
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Book Description
An authoritative assessment of the new laws of war and a sensible and sophisticated roadmap for the future of liberty in the Age of Terror America is losing a crucial front in the ongoing war on terror. It is losing not to Al Qaeda, but to its own failure to construct a set of laws that will protect the American people during this global conflict. As debate continues to rage over the legality and ethics of war, Benjamin Wittes enters the fray with a sober-minded exploration of law in wartime that is definitive, accessible, and nonpartisan. Outlining how this country came to its current impasse over human rights and counterterrorism, Law and the Long War paves the way toward fairer, more accountable rules for a conflict without end.
Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674286030
Category : Law
Languages : en
Pages : 432
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Book Description
Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.
Author: Geoffrey S. Corn
Publisher: Aspen Publishing
ISBN: 1543802915
Category : Law
Languages : en
Pages : 744
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Book Description
The Law of Armed Conflict provides a complete operational scenario and introduction to the operational organization of United States forces. The focus remains on United States law perspective, balanced with exposure to areas where the interpretation of its allied forces diverge. Jus ad bellum and jus in bello issues are addressed at length. The casebook comes to students with stunning authority. All of the authors are active or retired United States Army officers with more than 140 years of collective military operational experience among them. Several have experience in both legal and operational assignments as well. They deliver a comprehensive coverage of all aspects of the law of armed conflict, explaining the difference between law and policy in regulation of military operations.
Author: Jack Goldsmith
Publisher: W. W. Norton & Company
ISBN: 039333533X
Category : Biography & Autobiography
Languages : en
Pages : 286
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Book Description
A key advisor to President Bush recounts his political clashes with powerful administration figures when he questioned the choices of his predecessors about the way the war on terror was being conducted, in an account in which he cites historical parallels.
