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Author: Christopher Columbus Langdell
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 90
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Book Description
Author: Christopher Columbus Langdell
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 90
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Book Description
Author: Christina Duffy Burnett
Publisher: Duke University Press
ISBN: 0822381168
Category : Law
Languages : en
Pages : 440
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Book Description
In this groundbreaking study of American imperialism, leading legal scholars address the problem of the U.S. territories. Foreign in a Domestic Sense will redefine the boundaries of constitutional scholarship. More than four million U.S. citizens currently live in five “unincorporated” U.S. territories. The inhabitants of these vestiges of an American empire are denied full representation in Congress and cannot vote in presidential elections. Focusing on Puerto Rico, the largest and most populous of the territories, Foreign in a Domestic Sense sheds much-needed light on the United States’ unfinished colonial experiment and its legacy of racially rooted imperialism, while insisting on the centrality of these “marginal” regions in any serious treatment of American constitutional history. For one hundred years, Puerto Ricans have struggled to define their place in a nation that neither wants them nor wants to let them go. They are caught in a debate too politicized to yield meaningful answers. Meanwhile, doubts concerning the constitutionality of keeping colonies have languished on the margins of mainstream scholarship, overlooked by scholars outside the island and ignored by the nation at large. This book does more than simply fill a glaring omission in the study of race, cultural identity, and the Constitution; it also makes a crucial contribution to the study of American federalism, serves as a foundation for substantive debate on Puerto Rico’s status, and meets an urgent need for dialogue on territorial status between the mainlandd and the territories. Contributors. José Julián Álvarez González, Roberto Aponte Toro, Christina Duffy Burnett, José A. Cabranes, Sanford Levinson, Burke Marshall, Gerald L. Neuman, Angel R. Oquendo, Juan Perea, Efrén Rivera Ramos, Rogers M. Smith, E. Robert Statham Jr., Brook Thomas, Richard Thornburgh, Juan R. Torruella, José Trías Monge, Mark Tushnet, Mark Weiner
Author: Gerald L. Neuman
Publisher: Harvard University Press
ISBN: 0979639573
Category : History
Languages : en
Pages : 233
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Book Description
Over a century ago the United States Supreme Court decided the “Insular Cases,” which limited the applicability of constitutional rights in Puerto Rico and other overseas territories. Essays in Reconsidering the Insular Cases examine the history and legacy of these cases and explore possible solutions for the dilemmas they created.
Author: Oliver Wendell Holmes (Jr.)
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 36
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Author: David P. Currie
Publisher: University of Chicago Press
ISBN: 022622256X
Category : History
Languages : en
Pages : 683
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Book Description
The Constitution in the Supreme Court: The Second Century traces the development of the Supreme Court from Chief Justice Fuller (1888-1910) to the retirement of Chief Justice Burger (1969-1986). Currie argues that the Court's work in its second century revolved around two issues: the constitutionality of the regulatory and spending programs adopted to ameliorate the hardships caused by the Industrial Revolution and the need to protect civil rights and liberties. Organizing the cases around the tenure of specific chief justices, Currie distinguishes among the different methods of constitutional exegesis, analyzes the various techniques of opinion writing, and evaluates the legal performance of different Courts. "Elegant and readable. Whether you are in favor of judicial restraint or judicial activism, whatever your feelings about the Warren Court, or the Renquist Court, this is a book that justifies serious study."—Robert Stevens, New York Times Book Review
Author: Daniel Immerwahr
Publisher: Farrar, Straus and Giroux
ISBN: 0374715122
Category : History
Languages : en
Pages : 382
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Book Description
Named one of the ten best books of the year by the Chicago Tribune A Publishers Weekly best book of 2019 | A 2019 NPR Staff Pick A pathbreaking history of the United States’ overseas possessions and the true meaning of its empire We are familiar with maps that outline all fifty states. And we are also familiar with the idea that the United States is an “empire,” exercising power around the world. But what about the actual territories—the islands, atolls, and archipelagos—this country has governed and inhabited? In How to Hide an Empire, Daniel Immerwahr tells the fascinating story of the United States outside the United States. In crackling, fast-paced prose, he reveals forgotten episodes that cast American history in a new light. We travel to the Guano Islands, where prospectors collected one of the nineteenth century’s most valuable commodities, and the Philippines, site of the most destructive event on U.S. soil. In Puerto Rico, Immerwahr shows how U.S. doctors conducted grisly experiments they would never have conducted on the mainland and charts the emergence of independence fighters who would shoot up the U.S. Congress. In the years after World War II, Immerwahr notes, the United States moved away from colonialism. Instead, it put innovations in electronics, transportation, and culture to use, devising a new sort of influence that did not require the control of colonies. Rich with absorbing vignettes, full of surprises, and driven by an original conception of what empire and globalization mean today, How to Hide an Empire is a major and compulsively readable work of history.
Author: Eyal Benvenisti
Publisher: OUP Oxford
ISBN: 0191639575
Category : Law
Languages : en
Pages : 416
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Book Description
The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.
Author: Martin Loughlin
Publisher: Harvard University Press
ISBN: 0674276558
Category : Law
Languages : en
Pages : 273
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A New Statesman Book of the Year A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America’s unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a “rights revolution” that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime’s “invisible constitution.” Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of “public reason.” And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
Author: Juan R. Torruella
Publisher: La Editorial, UPR
ISBN: 9780847730193
Category : Constitutional history
Languages : en
Pages : 354
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Book Description
Author: Carman Fitz Randolph
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 34
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Book Description
