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Author: United States. Supreme Court
Publisher:
ISBN:
Category :
Languages : en
Pages : 942
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Book Description
Author: United States. Supreme Court
Publisher:
ISBN:
Category :
Languages : en
Pages : 942
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Book Description
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: Ted Cruz
Publisher: Simon and Schuster
ISBN: 1684511356
Category : Political Science
Languages : en
Pages : 256
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Book Description
** WALL STREET JOURNAL BESTSELLER ** USA TODAY BESTSELLER ** PUBLISHER'S WEEKLY BESTSELLER ** NEW YORK TIMES BESTSELLER ** AMAZON BESTSELLER ** With Justice Ruth Bader Ginsburg’s sudden passing, control of the Supreme Court—and with it the fate of the Constitution—has become the deciding issue for many voters in the 2020 presidential election. And the stakes could not be higher. With a simple majority on the Supreme Court, the left will have the power to curtail or even abolish the freedoms that have made our country a beacon to the world. We are one vote away from losing the Republic that the Founders handed down to us. Our most precious constitutional rights hang by a thread. Senator Ted Cruz has spent his entire career on the front line of the war to protect our constitutional rights. And as a Supreme Court clerk, solicitor general of Texas, and private litigator, he played a key role in some of the most important legal cases of the past two decades. In One Vote Away, you will discover how often the high court decisions that affect your life have been decided by just one vote. One vote preserves your right to speak freely, to bear arms, and to exercise your faith. One vote will determine whether your children enjoy their full inheritance as American citizens. God may endow us with “certain unalienable rights,” but whether we enjoy them depends on nine judges—the “priests of the robe” who have the last say in our system of government. Drawing back the curtain of their temple, Senator Cruz reveals the struggles, arguments, and strife that have shaped the fate of those rights. No one who reads One Vote Away can ever again take a single seat on the Supreme Court for granted.
Author: CQ Press
Publisher: CQ Press
ISBN: 1452225362
Category : Reference
Languages : en
Pages : 849
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Book Description
The Historic Documents series makes primary source research easy by presenting in one volume key excerpts from documents about the important events of each year for the United States and the world. Each volume includes approximately 70 events with over 100 documents from the previous year, from official or other influential reports and surveys, to speeches from leaders and opinion makers, to court cases, legislation, testimony, and much more. Historic Documents is renowned for the well written and informative background, history, and context it provides for each document. Each volume begins with an insightful essay that sets the year's events in context, and each document is preceded by a comprehensive introduction that provides background information on the event. Full-source citations are provided, and links to Web addresses containing complete documents are given, if available. Readers have easy access to material through a detailed, thematic table of contents and a cumulative five-year index that directs them to related material in earlier volumes. Featured documents in Historic Documents of 2011 cover topics including: - Osama Bin Laden's death - Arab Spring - European financial crisis - American financial deficit - Japanese earthquake and tsunami - independence for South Sudan - royal wedding - Wall Street protests - final space shuttle mission - end of "Don't Ask, Don't Tell" - protests at the Wisconsin legislature over collective bargaining
Author: Jack M. Balkin
Publisher: Oxford University Press
ISBN: 0199731098
Category : Law
Languages : en
Pages : 368
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Book Description
The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds--Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler and Richard Ford, among others--the book tackles a wide range of issues, including the challenge of new technologies, presidential power, international human rights, religious liberty, freedom of speech, voting, reproductive rights, and economic rights. The Constitution in 2020 calls on liberals to articulate their constitutional vision in a way that can command the confidence of ordinary Americans.
Author: John Quigley
Publisher: Routledge
ISBN: 1135238715
Category : Law
Languages : en
Pages : 388
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Book Description
Over the past decade, there has been an explosion of litigation at the international and domestic levels concerning consular access for foreign nationals charged with a criminal offence. The issue has complicated relations between countries, with the majority of litigation involving the United States, which has adopted a restrictive view of the consular access obligation. This book brings together for the first time relevant documentary sources on the law of consular access. The book includes significant excerpts alongside commentary on the documents, allowing readers to draw their own conclusions. While presenting information on the Vienna Convention on Consular Relations, the book presents other sources, including bilateral consular agreements, multilateral treaties, and key court cases from various jurisdictions. Many of these sources are not readily accessible. The Law of Consular Access will be of interest to scholars of international law, human rights, and international relations. It will also be of interest to private and government lawyers, as well as diplomats and consuls.
Author: Machiko Kanetake
Publisher: Bloomsbury Publishing
ISBN: 1782256156
Category : Law
Languages : en
Pages : 416
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Book Description
This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.
Author: Gregory H. Fox
Publisher: Cambridge University Press
ISBN: 1108546269
Category : Law
Languages : en
Pages : 517
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Book Description
How do treaties function in the American legal system? This book provides a comprehensive analysis of the current status of treaties in American law. Its ten chapters examine major areas of change in treaty law in recent decades, including treaty interpretation, federalism, self-execution, treaty implementing legislation, treaty form, and judicial barriers to treaty enforcement. The book also includes two in-depth case studies: one on the effectiveness of treaties in the regulation of armed conflict and one on the role of a resurgent federalism in complicating US efforts to ratify and implement treaties in private international law. Each chapter asks whether the treaty rules of the 1987 Third Restatement of Foreign Relations Law accurately reflect today's judicial, executive, and legislative practices. This volume is original and provocative, a useful desk companion for judges and practicing lawyers, and an engaging read for the general reader and graduate students.
Author: M. Atwell
Publisher: Springer
ISBN: 1137270373
Category : Law
Languages : en
Pages : 189
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Book Description
An American Dilemma examines the issue of capital punishment in the United States as it conflicts with the nation's obligations under the 1963 Vienna Convention on Consular Relations. In a number of high profile cases, foreign nationals have been executed after being denied their rights under the Vienna Convention. The International Court of Justice has ruled against the United States, but individual states have chosen to defy international law. The Supreme Court has not resolved the question of legal remedies for such breaches.
Author: Oceana Editorial Board
Publisher:
ISBN: 0199758905
Category : Law
Languages : en
Pages : 460
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Book Description
AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Six of AILC includes the exceptions and limitations of procedural aspects, such as the Political Question Doctrine, the Federal Tort Claims Act, the Foreign Affairs Doctrine, and the Vienna Convention on Consular Relations. The volume also includes cases involving diplomacy and diplomatic immunity and treaties and agreements. In Mani Kumari Sabbithi v. Major Waleede KH N.S. AL SALEH, domestic workers from India sued their employers and the state of Kuwait under the Trafficking Victims Protection Act of 2000, the Fair Labor Standards Act, and various contract and tort claims. The court granted the defendants' motion to dismiss based on diplomatic immunity. In In re B. Del C.S.B., the issue was whether a child of Mexican origin, whose mother wrongfully retained her in the United States, should be allowed to stay in her current home while custody proceedings are conducted in the United States, or whether she should be returned to Mexico while the proceedings are conducted there. The court examined whether a child is not settled for the purposes of Article 12 of the Hague Convention.
