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Author: Robert Hall Wagstaff
Publisher:
ISBN: 0199301557
Category : Law
Languages : en
Pages : 401
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Book Description
After the 9/11 terrorist attacks, the United States and the United Kingdom detained suspected terrorists in a manner incompatible with the due process, fair trial, and equality requirements of the Rule of Law. The legality of the detentions was challenged and found wanting by the highest courts in the US and UK. The US courts approached these questions as matters within the law of war, whereas the UK courts examined them within a human rights criminal law context. In Terror Detentions and the Rule of Law: US and UK Perspectives, Dr. Robert H. Wagstaff documents President George W. Bush's and Prime Minister Tony Blair's responses to 9/11, alleging that they failed to protect the human rights of individuals suspected of terrorist activity. The analytical focus is on the four US Supreme Court decisions involving detentions in Guantanamo Bay and four House of Lords decisions involving detentions that began in the Belmarsh Prison. These decisions are analyzed within the contexts of history, criminal law, constitutional law, human rights and international law, and various jurisprudential perspectives. In this book Dr. Wagstaff argues that time-tested criminal law is the normatively correct and most effective means for dealing with suspected terrorists. He also suggests that preventive, indefinite detention of terrorist suspects upon suspicion of wrongdoing contravenes the domestic and international Rule of Law, treaties and customary international law. As such, new legal paradigms for addressing terrorism are shown to be normatively invalid, illegal, unconstitutional, counter-productive, and in conflict with the Rule of Law.
Author: Robert Hall Wagstaff
Publisher:
ISBN: 0199301557
Category : Law
Languages : en
Pages : 401
Get Book Here
Book Description
After the 9/11 terrorist attacks, the United States and the United Kingdom detained suspected terrorists in a manner incompatible with the due process, fair trial, and equality requirements of the Rule of Law. The legality of the detentions was challenged and found wanting by the highest courts in the US and UK. The US courts approached these questions as matters within the law of war, whereas the UK courts examined them within a human rights criminal law context. In Terror Detentions and the Rule of Law: US and UK Perspectives, Dr. Robert H. Wagstaff documents President George W. Bush's and Prime Minister Tony Blair's responses to 9/11, alleging that they failed to protect the human rights of individuals suspected of terrorist activity. The analytical focus is on the four US Supreme Court decisions involving detentions in Guantanamo Bay and four House of Lords decisions involving detentions that began in the Belmarsh Prison. These decisions are analyzed within the contexts of history, criminal law, constitutional law, human rights and international law, and various jurisprudential perspectives. In this book Dr. Wagstaff argues that time-tested criminal law is the normatively correct and most effective means for dealing with suspected terrorists. He also suggests that preventive, indefinite detention of terrorist suspects upon suspicion of wrongdoing contravenes the domestic and international Rule of Law, treaties and customary international law. As such, new legal paradigms for addressing terrorism are shown to be normatively invalid, illegal, unconstitutional, counter-productive, and in conflict with the Rule of Law.
Author: Richard B. Zabel
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 190
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Book Description
In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.
Author: Daniel R. Williams
Publisher: St. Martin's Press
ISBN: 9780312283179
Category : Biography & Autobiography
Languages : en
Pages : 446
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Book Description
Mumia Abu-Jamal's defense attorney provides an account of his client's struggle for justice as he describes the 1982 conviction of the award-winning journalist for the killing of a police officer.
Author: Justin Driver
Publisher: Vintage
ISBN: 0525566961
Category : Law
Languages : en
Pages : 578
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Book Description
A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools—or America itself—in the same way again.
Author: Jennifer Elsea
Publisher: CreateSpace
ISBN: 9781490495859
Category : Law
Languages : en
Pages : 44
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Book Description
As part of the conflict with Al Qaeda and the Taliban, the United States has captured and detained numerous persons believed to have been part of or associated with enemy forces. Over the years, federal courts have considered a multitude of petitions by or on behalf of suspected belligerents challenging aspects of U.S. detention policy. Although the Supreme Court has issued definitive rulings concerning several legal issues raised in the conflict with Al Qaeda and the Taliban, many others remain unresolved, with some the subject of ongoing litigation.
Author: Michael J. Klarman
Publisher: Oxford University Press
ISBN: 0195351673
Category : Law
Languages : en
Pages : 670
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Book Description
A monumental investigation of the Supreme Court's rulings on race, From Jim Crow To Civil Rights spells out in compelling detail the political and social context within which the Supreme Court Justices operate and the consequences of their decisions for American race relations. In a highly provocative interpretation of the decision's connection to the civil rights movement, Klarman argues that Brown was more important for mobilizing southern white opposition to racial change than for encouraging direct-action protest. Brown unquestioningly had a significant impact--it brought race issues to public attention and it mobilized supporters of the ruling. It also, however, energized the opposition. In this authoritative account of constitutional law concerning race, Michael Klarman details, in the richest and most thorough discussion to date, how and whether Supreme Court decisions do, in fact, matter.
Author: Rigby
Publisher:
ISBN: 9781418914219
Category :
Languages : en
Pages : 0
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Book Description
Author: Matthew Levendusky
Publisher: University of Chicago Press
ISBN: 0226473678
Category : Political Science
Languages : en
Pages : 200
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Book Description
As Washington elites drifted toward ideological poles over the past few decades, did ordinary Americans follow their lead? In The Partisan Sort, Matthew Levendusky reveals that we have responded to this trend—but not, for the most part, by becoming more extreme ourselves. While polarization has filtered down to a small minority of voters, it also has had the more significant effect of reconfiguring the way we sort ourselves into political parties. In a marked realignment since the 1970s—when partisan affiliation did not depend on ideology and both major parties had strong liberal and conservative factions—liberals today overwhelmingly identify with Democrats, as conservatives do with Republicans. This “sorting,” Levendusky contends, results directly from the increasingly polarized terms in which political leaders define their parties. Exploring its far-reaching implications for the American political landscape, he demonstrates that sorting makes voters more loyally partisan, allowing campaigns to focus more attention on mobilizing committed supporters. Ultimately, Levendusky concludes, this new link between party and ideology represents a sea change in American politics.
Author: Nicholas Jacobs
Publisher: Oxford University Press
ISBN: 019760353X
Category : Political Science
Languages : en
Pages :
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Book Description
Taking the reader through a long view of American history, What Happened to the Vital Center? offers a novel and important contribution to the ongoing scholarly and popular discussion of how America fell apart and what might be done to end the Cold Civil War that fractures the country and weakens the national resolve. In What Happened to the Vital Center?, Nicholas Jacobs and Sidney Milkis tackle a foundational question within American political history: Is current partisan polarization, aggravated by populist disdain for constitutional principles and institutions, a novel development in American politics? Populism is not a new threat to the country's democratic experiment, but now insurgents intrude directly on elections and government. During previous periods of populist unrest, the US was governed by resilient parties that moderated extremist currents within the political system. This began to crumble during the 1960s, as anti-institutionalist incursions into the Democratic and Republican organizations gave rise to reforms that empowered activists at the expense of the median voter and shifted the controlling power over parties to the executive branch. Gradually, the moderating influence that parties played in structuring campaigns and the policy process eroded to the point where extreme polarization dominated and decision-making power migrated to the presidency. Weakened parties were increasingly dominated by presidents and their partnerships with social activists, leading to a gridlocked system characterized by the politics of demonization and demagoguery. Executive-centered parties more easily ignore the sorts of moderating voices that had prevailed in an earlier era. While the Republican Party is more susceptible to the dangers of populism than the Democrats, both parties are animated by a presidency-led, movement-centered vision of democracy. After tracing this history, the authors dismiss calls to return to some bygone era. Rather, the final section highlights the ways in which the two parties can be revitalized as institutions of collective responsibility that can transform personal ambition and rancorous partisanship into principled conflict over the profound issues that now divide the country. The book will transform our understanding of how we ended up in our current state of extreme polarization and what we can do to fix it.
Author: Robert F. Cochran
Publisher: Rowman & Littlefield
ISBN: 9780742522008
Category : Law
Languages : en
Pages : 284
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Book Description
In Habits of the Heart, Robert Bellah found that American's lives exhibit strong strains of both individualism and communitarianism, but that their predominant language is that of individualism. American law reveals a similar pattern, both in the dominance of individualist rhetoric and in the existence of a quieter, often unnoticed, communitarian strain. Law and Community: The Case of Torts uses tort law--the law through which individuals recover from those who have injured them--as a window through which to explore the relationship between law and community. Tort rules are frequently American society's method of sorting out the rights and responsibilities of individuals, and the authors find that tort law exhibits communitarian strains even as it attempts to protect individuals from harm. Robert F. Cochran Jr. and Robert M. Ackerman eloquently argue that we should balance our concern for individual rights with the need to preserve those institutions--such as families, religious congregations, and governments--that help build the social capital that keeps society together.
