Terror Detentions and the Rule of Law

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Publisher :
ISBN 13 : 0199301557
Total Pages : 401 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Terror Detentions and the Rule of Law by : Robert Hall Wagstaff

Download or read book Terror Detentions and the Rule of Law written by Robert Hall Wagstaff and published by . This book was released on 2014 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

California. Supreme Court. Records and Briefs

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ISBN 13 :
Total Pages : 56 pages
Book Rating : 4.:/5 ( download)

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Book Synopsis California. Supreme Court. Records and Briefs by : California (State).

Download or read book California. Supreme Court. Records and Briefs written by California (State). and published by . This book was released on with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: Court of Appeal Case(s): E008838

The Jury and the Search for Truth

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ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis The Jury and the Search for Truth by : United States. Congress. Senate. Committee on the Judiciary

Download or read book The Jury and the Search for Truth written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1997 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distributed to some depository libraries in microfiche.

The Jury and the Search for Truth - The Case Against Excluding Relevant Evidence at Trial

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Publisher : DIANE Publishing
ISBN 13 : 0788172808
Total Pages : 326 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis The Jury and the Search for Truth - The Case Against Excluding Relevant Evidence at Trial by : Orrin G. Hatch

Download or read book The Jury and the Search for Truth - The Case Against Excluding Relevant Evidence at Trial written by Orrin G. Hatch and published by DIANE Publishing. This book was released on 1998-10 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the problem of excluding relevant evidence from trial. Reviews proposals to alter the remedy for unreasonable search & seizures under the 4th amendment & to revisit Congress' earlier attempt to ensure that voluntary confessions are brought before the jury. Witnesses: Akhil R. Amar, Yale Law School; William Gangi, St. John's U.; Paul J. Larkin, Jr., King & Spaulding; Judge Ralph Adam Fine, Wisc.; Joseph D. Grano, Wayne State U. Law School; Paul G. Cassell, U. of Utah College of Law; Michael McCann, DA, Milwaukee, WI; Carol S. Steiker, Harvard Law School; & Thomas Y. Davies, U. of Tenn. Coll. of Law.

Animal Cruelty and Freedom of Speech

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Publisher : Purdue University Press
ISBN 13 : 161249322X
Total Pages : 255 pages
Book Rating : 4.6/5 (124 download)

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Book Synopsis Animal Cruelty and Freedom of Speech by : Abigail Perdue

Download or read book Animal Cruelty and Freedom of Speech written by Abigail Perdue and published by Purdue University Press. This book was released on 2014-05-15 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collaboration between an attorney and an animal protection advocate, this work utilizes the extremely controversial and high-profile "crush video" case, US v. Stevens, to explore how American society attempts to balance the protection of free speech and the prevention of animal cruelty. Starting from the detailed case study of a single prominent ruling, the authors provide a masterful survey of important issues facing society in the area of animal welfare. The Stevens case included various "hot topic" elements connected to the role of government as arbiter of public morality, including judicial attitudes to sexual deviance and dogfighting. Because it is one of only two animal rights cases that the US Supreme Court has handled, and the only case discussing the competing interests of free speech and animal cruelty, it will be an important topic for discussion in constitutional and animal law courses for decades to come. The Stevens case arose from the first conviction under 18 USC § 48 (Section 48), a federal law enacted in 1999, which criminalized the creation, sale, and/or possession of certain depictions of animal cruelty. The US Congress intended Section 48 to end the creation and interstate trafficking of depictions of animal cruelty in which animals are abused or even killed for entertainment's sake. Proponents of Section 48 predicted that countless benefits to both humans and animals would flow from its enforcement. Opponents of the law argued that it was too far-reaching and would stifle protected speech. Critics of Section 48 appeared to have prevailed when the US Supreme Court struck the law down as unconstitutionally overbroad. Although a law tailored to address the Supreme Court's concerns was quickly enacted, the free speech/animal cruelty controversy is far from over.

Practical Equality: Forging Justice in a Divided Nation

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Publisher : W. W. Norton & Company
ISBN 13 : 0393652033
Total Pages : 262 pages
Book Rating : 4.3/5 (936 download)

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Book Synopsis Practical Equality: Forging Justice in a Divided Nation by : Robert L. Tsai

Download or read book Practical Equality: Forging Justice in a Divided Nation written by Robert L. Tsai and published by W. W. Norton & Company. This book was released on 2019-02-19 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A work of striking political and legal imagination.” —Aziz Rana, author of The Two Faces of American Freedom Robert L. Tsai offers a stirring account of how legal ideas that aren’t necessarily about equality have often been used to overcome resistance to justice and remain vital today. From the oppression of emancipated slaves after the Civil War, to the internment of Japanese Americans during World War II, to President Trump’s ban on Muslim travelers, Tsai applies lessons from past struggles to pressing contemporary issues.

Death Penalty

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ISBN 13 :
Total Pages : 1212 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Death Penalty by : United States. Congress. Senate. Committee on the Judiciary

Download or read book Death Penalty written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1991 with total page 1212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

AMERICAN INTERNATIONAL LAW CASES Fourth Series 2009 VOLUME 1

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Publisher :
ISBN 13 : 0199758859
Total Pages : 408 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis AMERICAN INTERNATIONAL LAW CASES Fourth Series 2009 VOLUME 1 by :

Download or read book AMERICAN INTERNATIONAL LAW CASES Fourth Series 2009 VOLUME 1 written by and published by . This book was released on 2011-01-06 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume One of AILC consists of cases involving international law in general and territories, trusteeships, boundaries and navigable waters. For example, in Abdullahi v. Pfizer, Inc., the Plaintiff-Appellants sued under the Alien Tort Statute (ATS), claiming defendants violated a customary international law norm prohibiting involuntary medical experimentation on humans. Among other rulings, the appellate court ruled that the district court incorrectly determined that the prohibition in customary international law against nonconsensual human medical experimentation cannot be enforced through the ATS, and reversed and remanded for further proceedings. In Cunzhu Zheng v. Yahoo! Inc., the plaintiffs alleged that Yahoo! China disclosed to the Peoples Republic of China (PRC) specific personal information about plaintiffs, and that, as a result of the disclosures, plaintiffs were subjected by the PRC to serious injuries and serious economic damages. The court examined whether the Electronic Communications Privacy Act applies outside the United States and ruled that it did not.

Congressional Participation as Amicus Curiae Before the U.S. Supreme Court

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Publisher : LFB Scholarly Publishing
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Congressional Participation as Amicus Curiae Before the U.S. Supreme Court by : Judithanne Scourfield McLauchlan

Download or read book Congressional Participation as Amicus Curiae Before the U.S. Supreme Court written by Judithanne Scourfield McLauchlan and published by LFB Scholarly Publishing. This book was released on 2005 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scourfield McLauchlan studies how Members of Congress participate in cases before the Supreme Court. Members have filed amicus curiae briefs every Term since 1977. The frequency of Congressional participation before the Court continues to rise, and it is now a fixture in Supreme Court litigation. McLauchlan examines how often Members of Congress participate as friend of the court, what types of cases attract Congressional attention, what motivates Congressmen to file amicus briefs, and whether Congressional friends of the court influence Supreme Court decision-making. She explores the implications of this trend for the principles of separation of powers and judicial independence.

Official Reports of the Supreme Court

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ISBN 13 :
Total Pages : 560 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Official Reports of the Supreme Court by : United States. Supreme Court

Download or read book Official Reports of the Supreme Court written by United States. Supreme Court and published by . This book was released on 1995 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Landmark Briefs and Arguments of the Supreme Court of the United States

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Publisher :
ISBN 13 :
Total Pages : 760 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Landmark Briefs and Arguments of the Supreme Court of the United States by : United States. Supreme Court

Download or read book Landmark Briefs and Arguments of the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 2014 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Retroactive Taxation

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ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Retroactive Taxation by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution

Download or read book Retroactive Taxation written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1996 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:

California. Court of Appeal (6th Appellate District). Records and Briefs

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Publisher :
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.:/5 ( download)

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Book Synopsis California. Court of Appeal (6th Appellate District). Records and Briefs by : California (State).

Download or read book California. Court of Appeal (6th Appellate District). Records and Briefs written by California (State). and published by . This book was released on with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Received document entitled: RESPONDENTS' SUPPLEMENTAL BRIEF- Consolidated Case(s): H004841 H005465

Statutory and Constitutional Responses to the Supreme Court Decision in Texas V. Johnson

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Publisher :
ISBN 13 :
Total Pages : 584 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Statutory and Constitutional Responses to the Supreme Court Decision in Texas V. Johnson by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights

Download or read book Statutory and Constitutional Responses to the Supreme Court Decision in Texas V. Johnson written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights and published by . This book was released on 1989 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Supreme Court and Legal Change

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Publisher : Univ of North Carolina Press
ISBN 13 : 0807861294
Total Pages : 436 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis The Supreme Court and Legal Change by : Lee Epstein

Download or read book The Supreme Court and Legal Change written by Lee Epstein and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors analyze abortion and death penalty decisions by the Supreme Court and argue that they provide prime examples of abrupt legal change. After proposing that the strength of legal arguments has at least as much impact on Court decisions as do public opinion and justices' political beliefs, they focus on the way litigators propel certain issues onto the Court's agenda and seek to persuade the justices to affect legal change.

Crisis Lawyering

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Publisher : NYU Press
ISBN 13 : 1479835218
Total Pages : 424 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Crisis Lawyering by : Ray Brescia

Download or read book Crisis Lawyering written by Ray Brescia and published by NYU Press. This book was released on 2024-09-03 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shines a light on the emerging field of law dedicated to responding to and resolving the crises of the twenty-first century In an increasingly globalized world, a complex and interlocking web of nations, governments, non-state actors, laws, and rules affect human behavior. When crisis hits—whether that be extrajudicial detention, unprompted deportation, pandemics, or natural disasters—lawyers are increasingly among the first responders, equipped with the knowledge necessary to navigate the regulations of this ever more complex world. Crisis Lawyering explores this phenomenon and attempts to identify and define what it means to engage in the practice of law in crisis situations. In so doing, it hopes to sketch out the contours of the emerging field of crisis lawyering. Contributors to this volume explore cases surrounding domestic violence; dealing with immigrants in detention and banned from travel; policing in Ferguson, Missouri; the kidnapping of journalists; and climate change, among other crises. Their analysis not only serves as guidance to lawyers in such situations, but also helps others who deal with crises understand those crises—and the role of lawyers in them—better so that they may respond to them more effectively, efficiently, collaboratively and creatively. Crisis Lawyering shines a light on the emerging field of law dedicated to responding to and resolving the complex crises of the twenty-first century.

Takings, Compensation, and Pending Wetlands Legislation

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Publisher :
ISBN 13 :
Total Pages : 384 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Takings, Compensation, and Pending Wetlands Legislation by : United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Fisheries and Wildlife Conservation and the Environment

Download or read book Takings, Compensation, and Pending Wetlands Legislation written by United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Fisheries and Wildlife Conservation and the Environment and published by . This book was released on 1992 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: