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Martial Law Cases
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Book Synopsis Philippine Materials in International Law by : Raul C Pangalangan
Download or read book Philippine Materials in International Law written by Raul C Pangalangan and published by BRILL. This book was released on 2021-11-15 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most authoritative international law documents in Philippine history are brought together in one book for the first time. These are primary materials that illuminate Philippine interpretations of international law doctrine.
Book Synopsis Bayonets in Paradise by : Harry N. Scheiber
Download or read book Bayonets in Paradise written by Harry N. Scheiber and published by University of Hawaii Press. This book was released on 2016-02-29 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected as a 2017 CHOICE Outstanding Academic Title Bayonets in Paradise recounts the extraordinary story of how the army imposed rigid and absolute control on the total population of Hawaii during World War II. Declared immediately after the Pearl Harbor attack, martial law was all-inclusive, bringing under army rule every aspect of the Territory of Hawaii's laws and governmental institutions. Even the judiciary was placed under direct subservience to the military authorities. The result was a protracted crisis in civil liberties, as the army subjected more than 400,000 civilians—citizens and alien residents alike—to sweeping, intrusive social and economic regulations and to enforcement of army orders in provost courts with no semblance of due process. In addition, the army enforced special regulations against Hawaii's large population of Japanese ancestry; thousands of Japanese Americans were investigated, hundreds were arrested, and some 2,000 were incarcerated. In marked contrast to the well-known policy of the mass removals on the West Coast, however, Hawaii's policy was one of "selective," albeit preventive, detention. Army rule in Hawaii lasted until late 1944—making it the longest period in which an American civilian population has ever been governed under martial law. The army brass invoked the imperatives of security and "military necessity" to perpetuate its regime of censorship, curfews, forced work assignments, and arbitrary "justice" in the military courts. Broadly accepted at first, these policies led in time to dramatic clashes over the wisdom and constitutionality of martial law, involving the president, his top Cabinet officials, and the military. The authors also provide a rich analysis of the legal challenges to martial law that culminated in Duncan v. Kahanamoku, a remarkable case in which the U.S. Supreme Court finally heard argument on the martial law regime—and ruled in 1946 that provost court justice and the military's usurpation of the civilian government had been illegal. Based largely on archival sources, this comprehensive, authoritative study places the long-neglected and largely unknown history of martial law in Hawaii in the larger context of America's ongoing struggle between the defense of constitutional liberties and the exercise of emergency powers.
Book Synopsis The Philippines by : Virginia A. Leary
Download or read book The Philippines written by Virginia A. Leary and published by . This book was released on 1984 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Map.
Book Synopsis Andrew Jackson and the Politics of Martial Law by : Matthew Warshauer
Download or read book Andrew Jackson and the Politics of Martial Law written by Matthew Warshauer and published by Univ Tennessee Press. This book was released on 2006 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to win the famous battle of New Orleans, Andrew Jackson believed that it was necessary to declare martial law and suspend the writ of habeas corpus. In doing so, he achieved both a great victory and the notoriety of being the first American general to ever suspend civil liberties in America. Andrew Jackson and the Politics of Martial Law tells the history of Jackson's use of martial law and how the controversy surrounding it followed him throughout his life. The work engages the age-old controversy over if, when, and who should be able to subvert the Constitution during times of national emergency. It also engages the continuing historical controversy over Jackson's political prowess and the importance of the rise of party politics during the early republic. As such, the book contributes to both the scholarship on Jackson and the legal and constitutional history of the intersection between the military and civilian spheres. To fully understand the history of martial law and the subsequent evolution of a theory of emergency powers, Matthew Warshauer asserts, one must also understand the political history surrounding the discussion of civil liberties and how Jackson's stature as a political figure and his expertise as a politician influenced such debates. Warshauer further explains that Abraham Lincoln cited Jackson's use of the military and suspension of civil liberties as justification for similar decisionsduring the Civil War. During both Jackson's and Lincoln's use of martial law, critics declared that such an action stood in opposition to both the Constitution and the nation's cherished republican principles of protecting liberty from dangerous power, especially that of the military. Supporters of martial law insisted that saving the nation became the preeminent cause when the republic was endangered. Atthe heart of such arguments lurked the partisan maneuvering of opposing political parties. Andrew Jackson and the Politics of Martial Law is a powerful examination of the history of martial law, its first use in the United States, and the consequent development of emergency powers for both military commanders and presidents.
Book Synopsis Military Government and Martial Law by : William Edward Birkhimer
Download or read book Military Government and Martial Law written by William Edward Birkhimer and published by . This book was released on 1904 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond by : Chris Bray
Download or read book Court-Martial: How Military Justice Has Shaped America from the Revolution to 9/11 and Beyond written by Chris Bray and published by W. W. Norton & Company. This book was released on 2016-05-17 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely, provocative account of how military justice has shaped American society since the nation’s beginnings. Historian and former soldier Chris Bray tells the sweeping story of military justice from the earliest days of the republic to contemporary arguments over using military courts to try foreign terrorists or soldiers accused of sexual assault. Stretching from the American Revolution to 9/11, Court-Martial recounts the stories of famous American court-martials, including those involving President Andrew Jackson, General William Tecumseh Sherman, Lieutenant Jackie Robinson, and Private Eddie Slovik. Bray explores how encounters of freed slaves with the military justice system during the Civil War anticipated the civil rights movement, and he explains how the Uniform Code of Military Justice came about after World War II. With a great eye for narrative, Bray hones in on the human elements of these stories, from Revolutionary-era militiamen demanding the right to participate in political speech as citizens, to black soldiers risking their lives during the Civil War to demand fair pay, to the struggles over the court-martial of Lieutenant William Calley and the events of My Lai during the Vietnam War. Throughout, Bray presents readers with these unvarnished voices and his own perceptive commentary. Military justice may be separate from civilian justice, but it is thoroughly entwined with American society. As Bray reminds us, the history of American military justice is inextricably the history of America, and Court-Martial powerfully documents the many ways that the separate justice system of the armed forces has served as a proxy for America’s ongoing arguments over equality, privacy, discrimination, security, and liberty.
Author :Alfred William Brian Simpson Publisher :Oxford University Press, USA ISBN 13 :9780199267897 Total Pages :1188 pages Book Rating :4.2/5 (678 download)
Book Synopsis Human Rights and the End of Empire by : Alfred William Brian Simpson
Download or read book Human Rights and the End of Empire written by Alfred William Brian Simpson and published by Oxford University Press, USA. This book was released on 2004 with total page 1188 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights of 1950 established the most effective international system of human rights protection ever created. This is the first book that gives a comprehensive account of how it came into existence, of the part played in its genesis by the British government, and of its significance for Britain in the period between 1953 and 1966.
Book Synopsis Judicial Activism in Bangladesh by : Ridwanul Hoque
Download or read book Judicial Activism in Bangladesh written by Ridwanul Hoque and published by Cambridge Scholars Publishing. This book was released on 2011-01-18 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)
Book Synopsis Modern Military Justice by : Gregory E. Maggs
Download or read book Modern Military Justice written by Gregory E. Maggs and published by West Academic Publishing. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new text comprehensively covers the modern military justice system under the Uniform Code of Military Justice. The materials included come from every service within the Armed Forces, and show how the military justice system addresses all criminal offenses, ranging from minor infractions to serious offenses such as the misconduct of soldiers at Abu Ghraib prison. The text covers the jurisdiction of courts-martial; sources of military law; military offenses and defenses; pre-trial, trial, and appellate procedures; the role of judge advocates; non-judicial punishment and other alternatives to courts-martial; special forums such as boards of inquiry and military commissions for trying enemy belligerents; the relationship of courts-martial to state and federal courts; and much more. All chapters include policy questions about currently controversial issues. The text is appropriate for all students, whether or not they have had prior military experience.
Download or read book On American Soil written by Jack Hamann and published by Algonquin Books. This book was released on 2005-01-01 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes the 1944 lynching murder of an Italian POW at Seattle's Fort Lawton, the international outcry that followed, and the court-martial, the largest of World War II, that accused more than forty African-American soldiers of the crime.
Book Synopsis Court-martial Procedure by : Francis A. Gilligan
Download or read book Court-martial Procedure written by Francis A. Gilligan and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Defending America by : Elizabeth Lutes Hillman
Download or read book Defending America written by Elizabeth Lutes Hillman and published by Princeton University Press. This book was released on 2021-02-09 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: From going AWOL to collaborating with communists, assaulting fellow servicemen to marrying without permission, military crime during the Cold War offers a telling glimpse into a military undergoing a demographic and legal transformation. The post-World War II American military, newly permanent, populated by draftees as well as volunteers, and asked to fight communism around the world, was also the subject of a major criminal justice reform. By examining the Cold War court-martial, Defending America opens a new window on conflicts that divided America at the time, such as the competing demands of work and family and the tension between individual rights and social conformity. Using military justice records, Elizabeth Lutes Hillman demonstrates the criminal consequences of the military's violent mission, ideological goals, fear of homosexuality, and attitude toward racial, gender, and class difference. The records also show that only the most inept, unfortunate, and impolitic of misbehaving service members were likely to be prosecuted. Young, poor, low-ranking, and nonwhite servicemen bore a disproportionate burden in the military's enforcement of crime, and gay men and lesbians paid the price for the armed forces' official hostility toward homosexuality. While the U.S. military fought to defend the Constitution, the Cold War court-martial punished those who wavered from accepted political convictions, sexual behavior, and social conventions, threatening the very rights of due process and free expression the Constitution promised.
Book Synopsis The Fate of Liberty by : Mark E. Neely Jr.
Download or read book The Fate of Liberty written by Mark E. Neely Jr. and published by Oxford University Press. This book was released on 1992-08-20 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: If Abraham Lincoln was known as the Great Emancipator, he was also the only president to suspend the writ of habeas corpus. Indeed, Lincoln's record on the Constitution and individual rights has fueled a century of debate, from charges that Democrats were singled out for harrassment to Gore Vidal's depiction of Lincoln as an "absolute dictator." Now, in the Pulitzer Prize-winning The Fate of Liberty, one of America's leading authorities on Lincoln wades straight into this controversy, showing just who was jailed and why, even as he explores the whole range of Lincoln's constitutional policies. Mark Neely depicts Lincoln's suspension of habeas corpus as a well-intentioned attempt to deal with a floodtide of unforeseen events: the threat to Washington as Maryland flirted with secession, disintegrating public order in the border states, corruption among military contractors, the occupation of hostile Confederate territory, contraband trade with the South, and the outcry against the first draft in U.S. history. Drawing on letters from prisoners, records of military courts and federal prisons, memoirs, and federal archives, he paints a vivid picture of how Lincoln responded to these problems, how his policies were actually executed, and the virulent political debates that followed. Lincoln emerges from this account with this legendary statesmanship intact--mindful of political realities and prone to temper the sentences of military courts, concerned not with persecuting his opponents but with prosecuting the war efficiently. In addition, Neely explores the abuses of power under the regime of martial law: the routine torture of suspected deserters, widespread antisemitism among Union generals and officials, the common practice of seizing civilian hostages. He finds that though the system of military justice was flawed, it suffered less from merciless zeal, or political partisanship, than from inefficiency and the friction and complexities of modern war. Informed by a deep understanding of a unique period in American history, this incisive book takes a comprehensive look at the issues of civil liberties during Lincoln's administration, placing them firmly in the political context of the time. Written with keen insight and an intimate grasp of the original sources, The Fate of Liberty offers a vivid picture of the crises and chaos of a nation at war with itself, changing our understanding of this president and his most controversial policies.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Martial Law in India, Pakistan and Ceylon by : Joseph Minattur
Download or read book Martial Law in India, Pakistan and Ceylon written by Joseph Minattur and published by Springer. This book was released on 2012-12-06 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: (i) What is Martial Law? It is difficult to define martial law, especially because of "the haze of uncertainty which envelops it. " 1 The expression is used to denote a variety of forms of government or law, such as military law governing soldiers in the service of the State, military govern ment in occupied areas, any kind of arbitrary government in which the military arm plays a dominant role, and the emergency ad ministration "which obtains in a domestic community when the military authority carries on the government, or at least some of its functions. " 2 It is in the sense indicated last that martial law is discussed in the following pages. In this sense, it is "the extension of military government to domestic areas and civil persons in case of invasion or rebellion. . . it is a suspension of normal civil government in order to restore it and has civilians for its subjects and civil areas for its loci of operation. " 3 Thus martial law has to be clearly distinguished from military law and military government, though 4 all these have common roots in history and logic. The term 'martial law' was originally applied to the law ad ministered by the court of the Marshal and the Constable of England. There are two theories about the source of the word 'martial' in the expression. One theory is that the term 'martial 1 C. Fairman, The Law of Martial Rule, page 19. 2 idem, page 30.
Book Synopsis Corruption and Money Laundering by : D. Chaikin
Download or read book Corruption and Money Laundering written by D. Chaikin and published by Springer. This book was released on 2009-06-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a policy and legal analysis, this book shows how corruption facilitates money laundering, and vice versa. Furthermore, it demonstrates specifically how the responses developed to combat one type of financial crime can productively be employed in fighting the other.
Book Synopsis Martial Law and English Laws, c.1500-c.1700 by : John M. Collins
Download or read book Martial Law and English Laws, c.1500-c.1700 written by John M. Collins and published by Cambridge University Press. This book was released on 2020-03-26 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: John M. Collins presents the first comprehensive history of martial law in the early modern period. He argues that rather than being a state of exception from law, martial law was understood and practiced as one of the King's laws. Further, it was a vital component of both England's domestic and imperial legal order. It was used to quell rebellions during the Reformation, to subdue Ireland, to regulate English plantations like Jamestown, to punish spies and traitors in the English Civil War, and to build forts on Jamaica. Through outlining the history of martial law, Collins reinterprets English legal culture as dynamic, politicized, and creative, where jurists were inspired by past practices to generate new law rather than being restrained by it. This work asks that legal history once again be re-integrated into the cultural and political histories of early modern England and its empire.
