The Court and the World

Author: Stephen Breyer
Publisher: Vintage
ISBN: 1101912073
Format: PDF, Docs
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"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.

The Court and the World

Author: Stephen Breyer
Publisher: Vintage
ISBN: 1101946202
Format: PDF, ePub, Mobi
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In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike. From the Hardcover edition.

The Court and the World

Author: Stephen G. Breyer
Publisher: Knopf
ISBN: 1101946199
Format: PDF, ePub, Mobi
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"In this original, far-reaching and timely book, Justice Stephen Breyer examines the work of SCOTUS in an increasingly interconnected world, a world in which all sorts of public and private activity--from the conduct of national security policy to the conduct of international trade--obliges the Court to consider and understand circumstances beyond America's borders. At a time when ordinary citizens may book international lodging directly through online sites like Airbnb, it has become clear that judicial awareness can no longer stop at the water's edge"--

The World Court in Action

Author: Howard N. Meyer
Publisher: Rowman & Littlefield
ISBN: 9780742509245
Format: PDF, ePub, Mobi
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Over a century ago, a precursor to the International Court of Justice, usually called the World Court, was created. The United States had an important role in founding the Court, and a U.S. citizen Andrew Carnegie-funded the Peace Palace, the building in which the World Court still convenes. But in 1985, during the second Reagan-Bush Administration, the U.S. effectively withdrew its support and authority from the Court in respose to its ruling on the U.S. use of force in Nicaragua. Since that time, the role of the World Court has grown in importance internationally even though the U.S. refuses to participate fully. And because the U.S. role has been so attenuated, the full story of the World Court has not been told, especially to U.S. citizens and students whose ignorance of it is a national embarrassment. Howard N. Meyer-longtime legal authority, activist, and champion of untold or misunderstood histories-traces the World Court all the way back to The Hague Conference of 1899 and shows its development through World War I, the League of Nations, World War II, and the Cold War, all the way up to the contemporary challenges of East Timor and Kosovo. More recently, Meyer distinguishes between the nation-state oriented work of the World Court and the work of the International Criminal Court which was proposed in 1998 to prosecute individual war criminals like Milosevic and others coming out of the conflicts in the former Yugoslavia and Rwanda. As different as they are, the World Court and the ICC have a common problem that this book seeks to address: resistance in Washington to the international rule of law, especially when it comes to authority surrounding the use of force."

The Garments of Court and Palace

Author: Philip Bobbitt
Publisher: Grove/Atlantic, Inc.
ISBN: 1555849261
Format: PDF, ePub, Docs
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The Prince, a political treatise by the Florentine public servant and political theorist Niccolo Machiavelli is widely regarded as the single most influential book on politics—and in particular on the the politics of power—ever written. In this groundbreaking book, Philip Bobbitt explores this often misunderstood work in the context of the time. He describes The Prince as one half of a masterpiece that, along with Machiavelli’s often neglected Discourses prophesies the end of the feudal era and describes the birth of the neoclassical Renaissance State. Using both Renaissance examples and cases drawn from our current era, Bobbitt situates Machiavelli’s work as a turning point in our understanding of the relation between war and law as these create and maintain the State. This is a fascinating history and commentary by the man Henry Kissinger called "the outstanding political philosopher of our time."

The Warren Court and the Pursuit of Justice

Author: Morton J. Horwitz
Publisher: Macmillan
ISBN: 9780809016259
Format: PDF, Kindle
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The Hill and Wang Critical Issues Series: concise, affordable works on pivotal topics in American history, society, and politics. The men who made up the Supreme Court when Earl Warren was Chief Justice (1953-69) changed America forever, and their decisions are still affecting constitutional law today. This overview of the Warren Court focuses on its landmark cases and enduring legacy.

Precedent in the World Court

Author: Mohamed Shahabuddeen
Publisher: Cambridge University Press
ISBN: 9780521046718
Format: PDF, ePub, Mobi
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Although precedent in the International Court of Justice is not binding, the Court relies on its previous judgments as authoritative expressions of its views. In this book, Mohamed Shahabuddeen, a judge in the International Court of Justice, shows the extent to which the Court is guided by previous decisions, and how parties to cases themselves use the Court's decisions when framing and presenting their cases. He also traces the possibilities for future development of the system. Judge Shahabuddeen's analysis of the Court is a major contribution to this important subject.

The Supreme Court and the American Elite 1789 2008

Author: L. A. Scot Powe
Publisher: Harvard University Press
ISBN: 0674032675
Format: PDF, Kindle
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In this engaging - and disturbing - book, a leading historian of the Court reveals the close fit between its decisions and the nation's politics. Drawing on more than four decades of thinking about the Supreme Court and its role in the American political system, this book offers a new, clear, and troubling perspective on American jurisprudence, politics, and history.

The Supreme Court and the Idea of Constitutionalism

Author: Steven Kautz
Publisher: University of Pennsylvania Press
ISBN: 0812221907
Format: PDF, Docs
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From Brown v. Board of Education to Roe v. Wade to Bush v. Gore, the Supreme Court has, over the past fifty years, assumed an increasingly controversial place in American national political life. As the recurring struggles over nominations to the Court illustrate, few questions today divide our political community more profoundly than those concerning the Court's proper role as protector of liberties and guardian of the Constitution. If the nation is today in the midst of a "culture war," the contest over the Supreme Court is certainly one of its principal battlefields. In this volume, distinguished constitutional scholars aim to move debate beyond the sound bites that divide the opposing parties to more fundamental discussions about the nature of constitutionalism. Toward this end, the volume includes chapters on the philosophical and historical origins of the idea of constitutionalism; on theories of constitutionalism in American history in particular; on the practices of constitutionalism around the globe; and on the parallel emergence of--and the persistent tensions between--constitutionalism and democracy throughout the modern world. In democracies, the primary point of having a constitution is to place some matters beyond politics and partisan contest. And yet it seems equally clear that constitutionalism of this kind results in a struggle over the meaning or proper interpretation of the constitution, a struggle that is itself deeply political. Although the volume represents a variety of viewpoints and approaches, this struggle, which is the central paradox of constitutionalism, is the ultimate theme of all the essays.

Fools Are Everywhere

Author: Beatrice K. Otto
Publisher: University of Chicago Press
ISBN: 9780226640914
Format: PDF, Kindle
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In this lively work, Beatrice K. Otto takes us on a journey around the world in search of one of the most colorful characters in history—the court jester. Though not always clad in cap and bells, these witty, quirky characters crop up everywhere, from the courts of ancient China and the Mogul emperors of India to those of medieval Europe, Africa, the Middle East, and the Americas. With a wealth of anecdotes, jokes, quotations, epigraphs, and illustrations (including flip art), Otto brings to light little-known jesters, highlighting their humanizing influence on people with power and position and placing otherwise remote historical figures in a more idiosyncratic, intimate light. Most of the work on the court jester has concentrated on Europe; Otto draws on previously untranslated classical Chinese writings and other sources to correct this bias and also looks at jesters in literature, mythology, and drama. Written with wit and humor, Fools Are Everywhere is the most comprehensive look at these roguish characters who risked their necks not only to mock and entertain but also to fulfill a deep and widespread human and social need.