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Author: Ivo H. Daalder
Publisher: Rowman & Littlefield
ISBN: 0815716869
Category : Political Science
Languages : en
Pages : 208
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Book Description
America's three most recent wars—in Kosovo, Afghanistan, and Iraq—have raised profound questions about when to use military force, for what purpose, and who should make the decision whether to go to war. These crucial questions have been debated around the world with increasing intensity, and by beginning to provide important answers, Beyond Preemption moves the debate forward in significant ways. During the past three years, the contributors to this volume have engaged in a global dialogue with political officials, military figures and strategists, and international lawyers from around the world on when and how to use force and in what way its use can best be legitimized. They found consensus that the world has changed so dramatically that much of the old way of thinking about when and how to go to use force to deal with new challenges has become largely obsolete. Drawing on these high-level discussions, Ivo Daalder and his colleagues make specific proposals for how to forge a new international consensus on the vexing questions about the use of force, including its preemptive use, to address today's interrelated threats of terrorism, weapons of mass destruction, and humanitarian crises. In Beyond Preemption, the authors also consider the critical matter of how these strategies could be best legitimized and be made palatable to domestic audiences and the international community at large. Contributors include Bruce W. Jentleson (Duke University), Anne E. Kramer (Brookings Institution), Susan E. Rice (Brookings Institution), James B. Steinberg (Lyndon B. Johnson School of Public Affairs, University of Texas at Austin).
Author: Ivo H. Daalder
Publisher: Rowman & Littlefield
ISBN: 0815716869
Category : Political Science
Languages : en
Pages : 208
Get Book Here
Book Description
America's three most recent wars—in Kosovo, Afghanistan, and Iraq—have raised profound questions about when to use military force, for what purpose, and who should make the decision whether to go to war. These crucial questions have been debated around the world with increasing intensity, and by beginning to provide important answers, Beyond Preemption moves the debate forward in significant ways. During the past three years, the contributors to this volume have engaged in a global dialogue with political officials, military figures and strategists, and international lawyers from around the world on when and how to use force and in what way its use can best be legitimized. They found consensus that the world has changed so dramatically that much of the old way of thinking about when and how to go to use force to deal with new challenges has become largely obsolete. Drawing on these high-level discussions, Ivo Daalder and his colleagues make specific proposals for how to forge a new international consensus on the vexing questions about the use of force, including its preemptive use, to address today's interrelated threats of terrorism, weapons of mass destruction, and humanitarian crises. In Beyond Preemption, the authors also consider the critical matter of how these strategies could be best legitimized and be made palatable to domestic audiences and the international community at large. Contributors include Bruce W. Jentleson (Duke University), Anne E. Kramer (Brookings Institution), Susan E. Rice (Brookings Institution), James B. Steinberg (Lyndon B. Johnson School of Public Affairs, University of Texas at Austin).
Author: James T. O'Reilly
Publisher: American Bar Association
ISBN: 9781590317440
Category : Law
Languages : en
Pages : 252
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Book Description
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author: Robert H. Mnookin
Publisher: Harvard University Press
ISBN: 0674504100
Category : Law
Languages : en
Pages : 369
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Book Description
Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don’t settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques. In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one’s own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.
Author: William W. Buzbee
Publisher: Cambridge University Press
ISBN: 1139474812
Category : Law
Languages : en
Pages : 337
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Book Description
This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.
Author: John M. de Figueiredo
Publisher: Emerald Group Publishing
ISBN: 178635019X
Category : Business & Economics
Languages : en
Pages : 539
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Book Description
Strategy Beyond Markets is organized around three themes: Public Politics, Private Politics, and Integrated Political Strategy. The book explores the way these strategies influence political environments, firms and corporations.
Author: Henry Shue
Publisher: Oxford University Press
ISBN: 0199233136
Category : Philosophy
Languages : en
Pages : 276
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Book Description
Is a nation ever justified in attacking before it has been attacked? If so, under precisely what conditions? This volume of new, specially commissioned chapters provides the most definitive assessment to date of the justifiability of preemptive or preventive military action.
Author: Greg Elmer
Publisher: Arp Books
ISBN:
Category : Philosophy
Languages : en
Pages : 92
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Book Description
The legacy of the Bush administration and its "War on Terror" includes a new logic of surveillance, suppressing public dissent and mobilizing both "fear" and "faith." In this accessible book, Elmer and Opel show that this new logic stretches well beyond the realm of airport security and international relations into everyday police techniques, including the use of Tasers, the deployment of "stealth" crowd control, the zoning of protestors and the suppression of public dissent. Drawing on social theories and media analyses, this book reveals the underlying "logic of preemption" whereby threats must be eliminated before they materialize. By addressing the implications of this new logic, Elmer and Opel lay the groundwork for more effective resistance.
Author: Norman G. Finkelstein
Publisher: Verso Books
ISBN: 178960379X
Category : Political Science
Languages : en
Pages : 391
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Book Description
In Beyond Chutzpah, Norman Finkelstein moves from an iconoclastic interrogation of the new anti-Semitism to a meticulously researched expos of the corruption of scholarship on the Israel-Palestine conflict, especially in the work of Alan Dershowitz. Pointing to a consensus among historians and human rights organizations on the factual record, Finkelstein argues that so much controversy continues to swirl around the conflict because apologists for Israel contrive it. This paperback edition includes a new preface examining recent developments in the Israel-Palestine conflict and the misuse of anti-semitism, and a new chapter analysing the controversy surrounding Israel's construction of the West Bank wall.
Author: Akhil Reed Amar
Publisher: Random House
ISBN: 1588364879
Category : History
Languages : en
Pages : 672
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Book Description
In America’s Constitution, one of this era’s most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world’s great political texts. Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius. Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election. Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
Author: Andrew Lynch
Publisher: Routledge
ISBN: 1136958541
Category : Law
Languages : en
Pages : 550
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Book Description
This book considers the increasing trend towards a ‘culture of control’ in democratic countries. The post-9/11 counter-terrorism laws in nations such as the USA, the UK, Canada and Australia provide a stark demonstration of this trend. These laws share a focus on the pre-emption of crime, restrictions on the right to liberty of non-suspects, limited public access to information, and increased community surveillance. The laws derogate, in many respects, from the ordinary principles of the criminal justice system and fundamental human rights while also harnessing public institutions in the broader project of prevention and control. Distinctively, the contributors to this volume focus on the impact of these laws outside of the counter-terrorism context. The book draws together a range of experts in both public and criminal law, from Australia and overseas, to examine the effect of counter-terrorism laws on public institutions within democracies more broadly. Issues considered include changes to the role and functions of the courts, the expansion of executive discretion, the seepage of extraordinary powers and pre-emptive measures into other areas of the criminal law, and the interaction and overlap between intelligence and law enforcement agencies. Counter-Terrorism and Beyond: The Culture of Law and Justice After 9/11 will be of interest to students and scholars of criminal law, criminology, comparative criminal justice, terrorism and national security, public law, human rights, governance and public policy.
