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Author: Pomerance
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Author: Pomerance
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Author: Pomerance
Publisher: Martinus Nijhoff Publishers
ISBN: 900463469X
Category : Business & Economics
Languages : en
Pages : 526
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Book Description
Integrating legal and historical materials and insights, Professor Pomerance examines in this volume the troubled saga of the U.S. pursuit of the `Supreme Court of the Nations' idea, from its early pre-World War I origins through the present post-Nicaragua period of U.S. reserve, disillusionment and reassessment.
Author: Michla Pomerance
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041102041
Category : Political Science
Languages : en
Pages : 530
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Book Description
The hope that international adjudication will some day come to replace international aggression has long been a fond aspiration of mankind, and nowhere, perhaps, has it taken firmer root than in the United States. The U.S. Supreme Court has been held up as a model for the successful adjudication of interstate disputes and for the evolution of a body of revered legal norms. Yet America's own record "vis-a-vis" international adjudication and the International Court has been marked by ambivalence and a sharp dichotomy between rhetoric and deeds. Integrating legal and historical materials and insights, Professor Pomerance examines in this volume the troubled saga of the U.S. pursuit of the Supreme Court of the Nations' idea, from its early pre-World War I origins through the present post-"Nicaragua" period of U.S. reserve, disillusionment and reassessment. Spurning a morality-play' interpretive mold, the author pays particular attention to recurrent themes and the roots of their recurrence; the specific cadences and nuances in the grand' and lesser U.S. debates on the Court; the continuities and changes in "both" partners of the U.S.-Court relationship; and the various prisms through which that relationship might be viewed. In this manner, the important contemporary debate on the future contours of the U.S.-Court nexus is sharply illuminated.
Author: Anthony J. Bellia Jr.
Publisher: Oxford University Press
ISBN: 0190666773
Category : Law
Languages : en
Pages : 224
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Book Description
The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.
Author: Thomas Willing Balch
Publisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 184
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Author: Orville Vernon Burton
Publisher: Harvard University Press
ISBN: 0674975642
Category : Law
Languages : en
Pages : 465
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In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.
Author: Thomas Willing Balch
Publisher: Forgotten Books
ISBN: 9781528370356
Category : History
Languages : en
Pages : 178
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Excerpt from A World Court in the Light of the United States Supreme Court Nations and which they fail to settle by ordinary diplomatic intercourse. In addition, however, the Conference of 1899 made provisions to facilitate the establishment cd hoc of International Courts of Justice, such as the Geneva Tribunal of 1871-72 that judged the Alabama Claims, and the Paris T ribunal of 1893 that decided the Bering Sea Fur Seal fisheries, to judge causes of difference arising between the Nations instead of allowing the dis puting powers gradually to drift, sooner or later, into war. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Howard N. Meyer
Publisher: Rowman & Littlefield
ISBN: 9780742509245
Category : Law
Languages : en
Pages : 324
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Book Description
Traces the World Court from the Hague Conference of 1899 and shows its development through World War I, the League of Nations, World War II, and the cold war up to the contemporary challenges of East Timor and Kosovo. Also distinguishes between the nation-state oriented work of the World Court nad the work of the International Criminal Court which was proposed in 1998 to prosecute individual war criminals like Milosevic and others coming out the the conflicts of the former Yugoslavia and Rwanda. Discusses the common problem that World Court and the ICC have: resistance in Washington to the international rule of law, especially when it comes to authority surrounding the use of force.
Author: Westel Woodbury Willoughby
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 146
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Author: Denna Frank Fleming
Publisher: New York : Russell & Russell
ISBN:
Category : Law
Languages : en
Pages : 248
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