Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 10

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File No. 1017

Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 15

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File No. 1052

Author: Michael P. Scharf
Publisher: Cambridge University Press
ISBN: 110708122X
Category : Law
Languages : en
Pages : 385

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This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions, from the pursuit and apprehension of pirates to their trial and imprisonment. It examines novel matters not addressed in other published works, such as the challenges in preserving and presenting evidence in piracy trials, the rights of pirate defendants, and contending with alleged pirates who are juveniles. A more thorough understanding of modern piracy trials and the precedent they have established is critical to scholars, practitioners, and the broader community interested in counter-piracy efforts, as these prosecutions are likely to be the primary judicial mechanism to contend with pirate activity going forward.

Author: Jonathan M. Bryant
Publisher: W. W. Norton & Company
ISBN: 163149077X
Category : History
Languages : en
Pages : 472

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Los Angeles Times Book Prize Finalist in History A dramatic work of historical detection illuminating one of the most significant—and long forgotten—Supreme Court cases in American history. In 1820, a suspicious vessel was spotted lingering off the coast of northern Florida, the Spanish slave ship Antelope. Since the United States had outlawed its own participation in the international slave trade more than a decade before, the ship's almost 300 African captives were considered illegal cargo under American laws. But with slavery still a critical part of the American economy, it would eventually fall to the Supreme Court to determine whether or not they were slaves at all, and if so, what should be done with them. Bryant describes the captives' harrowing voyage through waters rife with pirates and governed by an array of international treaties. By the time the Antelope arrived in Savannah, Georgia, the puzzle of how to determine the captives' fates was inextricably knotted. Set against the backdrop of a city in the grip of both the financial panic of 1819 and the lingering effects of an outbreak of yellow fever, Dark Places of the Earth vividly recounts the eight-year legal conflict that followed, during which time the Antelope's human cargo were mercilessly put to work on the plantations of Georgia, even as their freedom remained in limbo. When at long last the Supreme Court heard the case, Francis Scott Key, the legendary Georgetown lawyer and author of "The Star Spangled Banner," represented the Antelope captives in an epic courtroom battle that identified the moral and legal implications of slavery for a generation. Four of the six justices who heard the case, including Chief Justice John Marshall, owned slaves. Despite this, Key insisted that "by the law of nature all men are free," and that the captives should by natural law be given their freedom. This argument was rejected. The court failed Key, the captives, and decades of American history, siding with the rights of property over liberty and setting the course of American jurisprudence on these issues for the next thirty-five years. The institution of slavery was given new legal cover, and another brick was laid on the road to the Civil War. The stakes of the Antelope case hinged on nothing less than the central American conflict of the nineteenth century. Both disquieting and enlightening, Dark Places of the Earth restores the Antelope to its rightful place as one of the most tragic, influential, and unjustly forgotten episodes in American legal history.

Author: Sarah B. Sewall
Publisher: Rowman & Littlefield
ISBN: 9780742501355
Category : Law
Languages : en
Pages : 286

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American reluctance to join the International Criminal Court illuminates important trends in international security and a central dilemma facing U.S. Foreign policy in the 21st century. The ICC will prosecute individuals who commit egregious international human rights violations such as genocide. The Court is a logical culmination of the global trends toward expanding human rights and creating international institutions. The U.S., which fostered these trends because they served American national interests, initially championed the creation of an ICC. The Court fundamentally represents the triumph of American values in the international arena. Yet the United States now opposes the ICC for fear of constraints upon America's ability to use force to protect its national interests. The principal national security and constitutional objections to the Court, which the volume explores in detail, inflate the potential risks inherent in joining the ICC. More fundamentally, they reflect a belief in American exceptionalism that is unsustainable in today's world. Court opponents also underestimate the growing salience of international norms and institutions in addressing emerging threats to U.S. national interests. The misguided assessments that buttress opposition to the ICC threaten to undermine American leadership and security in the 21st century more gravely than could any international institution.

Author: Neil Boister
Publisher: Oxford University Press
ISBN: 019251573X
Category : Law
Languages : en
Pages : 598

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National borders are permeable to all types of illicit action and contraband goods, whether it is trafficking humans, body parts, digital information, drugs, weapons, or money. Whilst criminals exist in a borderless world where territorial boundaries allow them to manipulate different markets in illicit goods, the authorities who pursue them can remain constrained inside their own jurisdictions. In a new edition of his ground-breaking work, Boister examines how states must cooperate to tackle some of the greatest security threats in this century so far, analyses to what extent vested interests have determined the course of global policy and law enforcement, and illustrates how responding to transnational crime itself becomes a form of international relations which reorders global political power and becomes, at least in part, an end in itself. Arguing that transnational criminal law is currently geared towards suppressing criminal activity, but is not as committed to ensuring justice, Boister suggests that it might be more strongly influenced by individual moral panics and a desire for criminal retribution than an interest in ensuring a proportional response to offences, protection of human rights, and the preservation of the rule of law.

Author: Beth Stephens
Publisher: BRILL
ISBN: 1571053530
Category : Law
Languages : en
Pages : 655

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Written by leading human rights litigators and theorists, this treatise offers a comprehensive analysis of human rights litigation in U.S. courts under the Alien Tort Statute and related provisions, including jurisprudential complexities and litigation guidance. The book includes discussion of the Alien Tort Statute, the Torture Victim Protection Act, and less common jurisdictional bases. The issues raised by suing corporations are also discussed. Separate chapters address lawsuits against the U.S. and foreign governments. A section on defenses includes analysis of topics such as immunities, forum non conveniens, and the intervention of the executive branch. The final section discusses litigation strategies.

Author: Stephen Breyer
Publisher: Brookings Institution Press
ISBN: 0815728905
Category : Political Science
Languages : en
Pages : 174

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"A landmark dissenting opinion arguing against the death penalty. Does the death penalty violate the Constitution? In Against the Death Penalty, Justice Stephen Breyer argues that it does; that it is carried out unfairly and inconsistently and, thus, violates the ban on ""cruel and unusual punishments"" specified by the Eighth Amendment to the Constitution. “Today’s administration of the death penalty,” Breyer writes, “involves three fundamental constitutional defects: (1) serious unreliability, (2) arbitrariness in application, and (3) unconscionably long delays that undermine the death penalty’s penological purpose. Perhaps as a result, (4) most places within the United States have abandoned its use.” This volume contains Breyer's dissent in the case of Glossip v. Gross, which involved an unsuccessful challenge to Oklahoma's use of a lethal-injection drug because it might cause severe pain. Justice Breyer's legal citations have been edited to make them understandable to a general audience, but the text retains the full force of his powerful argument that the time has come for the Supreme Court to revisit the constitutionality of the death penalty. Breyer was joined in his dissent from the bench by Justice Ruth Bader Ginsburg. Their passionate argument has been cited by many legal experts including fellow Justice Antonin Scalia—as signaling an eventual Court ruling striking down the death penalty. A similar dissent in 1963 by Breyer's mentor, Justice Arthur J. Goldberg, helped set the stage for a later ruling, imposing what turned out to be a four-year moratorium on executions."

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 1430

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Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1410

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