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Author : United States. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 942 pages
Book Rating : 4.3/5 (91 download)
Download or read book Medellin V. Texas (2008). written by United States. Supreme Court and published by . This book was released on 2008 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alan Mygatt-Tauber
Publisher : University Press of Kansas
ISBN 13 : 0700633618
Total Pages : 212 pages
Book Rating : 4.7/5 (6 download)
Download or read book Medellín v. Texas written by Alan Mygatt-Tauber and published by University Press of Kansas. This book was released on 2022-08-31 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1993, José Medellín, an eighteen-year-old Mexican national who lived most of his life in the United States, was arrested for his participation in the gang rape and murder of two girls in Houston, Texas. Despite telling police that he was born in Mexico, he was never informed of his right to contact the Mexican Consulate, a right guaranteed to him by Article 36 of the Vienna Convention on Consular Relations. The Mexican government filed suit against the United States in the International Court of Justice (ICJ), which ruled that the United States had violated the rights of both Mexico and Medellín, along with fifty-one other Mexican nationals in other cases. The ICJ instructed the United States to provide “review and reconsideration” of the convictions and sentences of the fifty-two Mexican nationals. Armed with this new decision, Medellín sought a writ of habeas corpus, which was denied by the lower courts. He petitioned for a writ of certiorari, which the Supreme Court granted, twice. While President George W. Bush sided with the ICJ, the State of Texas, under Solicitor General Ted Cruz, argued against the president. Despite a nearly universal belief among court watchers and legal scholars that Texas would lose, the Court in a 6–3 decision ruled in favor of Texas and against Medellín in June 2008. Medellín was executed just two months later. In this volume Alan Mygatt-Tauber tells the story of Medellín v. Texas, showing how the Court’s 2008 ruling grappled with the complex question of how a united republic that respects the dual sovereignty of its constituent parts struggles to comply with its international obligations. But this is also a story of international human rights and the anomalous position of the United States regarding the death penalty compared to other nations. In the closing chapters, the author explores the aftermath of the execution, including the continued effort of Mexico to seek justice for its nationals. Mygatt-Tauber offers a detailed examination of the case at every stage of proceedings—trial, appeal, at the International Court of Justice, and in both trips to the Supreme Court. He provides never-before-revealed information about the thinking of the Bush White House in the decision to comply with the ICJ’s judgment and to withdraw from the Optional Protocol to the Vienna Convention that granted the ICJ jurisdiction.
Author : Ted Cruz
Publisher : Simon and Schuster
ISBN 13 : 1684511356
Total Pages : 279 pages
Book Rating : 4.6/5 (845 download)
Download or read book One Vote Away written by Ted Cruz and published by Simon and Schuster. This book was released on 2020-09-29 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: ** WALL STREET JOURNAL BESTSELLER **USA TODAY BESTSELLER ** PUBLISHER'S WEEKLY BESTSELLER ** NEW YORK TIMES BESTSELLER ** With a simple majority on the Supreme Court, the left would have the power to curtail or even abolish the freedoms that have made America a beacon to the world. We are one vote away from losing our most precious constitutional rights. As a Supreme Court clerk, solicitor general of Texas, and private litigator, Ted Cruz played a key role in some of the most important legal cases of the past two decades. In One Vote Away, you will discover how often the high court decisions that affect your life have been decided by the narrowest of margins. One vote preserves your right to speak freely, to bear arms, and to exercise your faith. One vote will determine whether your children enjoy their full inheritance as American citizens. God may endow us with "certain unalienable rights," but whether we enjoy them depends on nine judges—the "high priests" who have the last say in our system of government. Drawing back the curtain of their temple, Senator Cruz reveals the struggles, arguments, and strife that have shaped the fate of those rights. No one who reads One Vote Away can ever again take a single seat on the Supreme Court for granted.
Author : CQ Press
Publisher : CQ Press
ISBN 13 : 1452225362
Total Pages : 849 pages
Book Rating : 4.4/5 (522 download)
Download or read book Historic Documents of 2011 written by CQ Press and published by CQ Press. This book was released on 2012-07-17 with total page 849 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Historic Documents series makes primary source research easy by presenting in one volume key excerpts from documents about the important events of each year for the United States and the world. Each volume includes approximately 70 events with over 100 documents from the previous year, from official or other influential reports and surveys, to speeches from leaders and opinion makers, to court cases, legislation, testimony, and much more. Historic Documents is renowned for the well written and informative background, history, and context it provides for each document. Each volume begins with an insightful essay that sets the year's events in context, and each document is preceded by a comprehensive introduction that provides background information on the event. Full-source citations are provided, and links to Web addresses containing complete documents are given, if available. Readers have easy access to material through a detailed, thematic table of contents and a cumulative five-year index that directs them to related material in earlier volumes. Featured documents in Historic Documents of 2011 cover topics including: - Osama Bin Laden's death - Arab Spring - European financial crisis - American financial deficit - Japanese earthquake and tsunami - independence for South Sudan - royal wedding - Wall Street protests - final space shuttle mission - end of "Don't Ask, Don't Tell" - protests at the Wisconsin legislature over collective bargaining
Author : Jack M. Balkin
Publisher : Oxford University Press
ISBN 13 : 0199745730
Total Pages : 368 pages
Book Rating : 4.1/5 (997 download)
Download or read book The Constitution in 2020 written by Jack M. Balkin and published by Oxford University Press. This book was released on 2009-05-26 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds--Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler and Richard Ford, among others--the book tackles a wide range of issues, including the challenge of new technologies, presidential power, international human rights, religious liberty, freedom of speech, voting, reproductive rights, and economic rights. The Constitution in 2020 calls on liberals to articulate their constitutional vision in a way that can command the confidence of ordinary Americans.
Author : John Quigley
Publisher : Routledge
ISBN 13 : 1135238715
Total Pages : 388 pages
Book Rating : 4.1/5 (352 download)
Download or read book The Law of Consular Access written by John Quigley and published by Routledge. This book was released on 2009-10-16 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade, there has been an explosion of litigation at the international and domestic levels concerning consular access for foreign nationals charged with a criminal offence. The issue has complicated relations between countries, with the majority of litigation involving the United States, which has adopted a restrictive view of the consular access obligation. This book brings together for the first time relevant documentary sources on the law of consular access. The book includes significant excerpts alongside commentary on the documents, allowing readers to draw their own conclusions. While presenting information on the Vienna Convention on Consular Relations, the book presents other sources, including bilateral consular agreements, multilateral treaties, and key court cases from various jurisdictions. Many of these sources are not readily accessible. The Law of Consular Access will be of interest to scholars of international law, human rights, and international relations. It will also be of interest to private and government lawyers, as well as diplomats and consuls.
Author : Machiko Kanetake
Publisher : Bloomsbury Publishing
ISBN 13 : 1782256156
Total Pages : 416 pages
Book Rating : 4.7/5 (822 download)
Download or read book The Rule of Law at the National and International Levels written by Machiko Kanetake and published by Bloomsbury Publishing. This book was released on 2016-04-21 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.
Author : Gregory H. Fox
Publisher : Cambridge University Press
ISBN 13 : 1108546269
Total Pages : 517 pages
Book Rating : 4.1/5 (85 download)
Download or read book Supreme Law of the Land? written by Gregory H. Fox and published by Cambridge University Press. This book was released on 2017-09-21 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do treaties function in the American legal system? This book provides a comprehensive analysis of the current status of treaties in American law. Its ten chapters examine major areas of change in treaty law in recent decades, including treaty interpretation, federalism, self-execution, treaty implementing legislation, treaty form, and judicial barriers to treaty enforcement. The book also includes two in-depth case studies: one on the effectiveness of treaties in the regulation of armed conflict and one on the role of a resurgent federalism in complicating US efforts to ratify and implement treaties in private international law. Each chapter asks whether the treaty rules of the 1987 Third Restatement of Foreign Relations Law accurately reflect today's judicial, executive, and legislative practices. This volume is original and provocative, a useful desk companion for judges and practicing lawyers, and an engaging read for the general reader and graduate students.
Author : Oceana Editorial Board
Publisher :
ISBN 13 : 0199758905
Total Pages : 460 pages
Book Rating : 4.1/5 (997 download)
Download or read book AMERICAN INTERNATIONAL LAW CASES Fourth Series 2009 VOLUME 6 written by Oceana Editorial Board and published by . This book was released on 2011-02-18 with total page 460 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 Six of AILC includes the exceptions and limitations of procedural aspects, such as the Political Question Doctrine, the Federal Tort Claims Act, the Foreign Affairs Doctrine, and the Vienna Convention on Consular Relations. The volume also includes cases involving diplomacy and diplomatic immunity and treaties and agreements. In Mani Kumari Sabbithi v. Major Waleede KH N.S. AL SALEH, domestic workers from India sued their employers and the state of Kuwait under the Trafficking Victims Protection Act of 2000, the Fair Labor Standards Act, and various contract and tort claims. The court granted the defendants' motion to dismiss based on diplomatic immunity. In In re B. Del C.S.B., the issue was whether a child of Mexican origin, whose mother wrongfully retained her in the United States, should be allowed to stay in her current home while custody proceedings are conducted in the United States, or whether she should be returned to Mexico while the proceedings are conducted there. The court examined whether a child is not settled for the purposes of Article 12 of the Hague Convention.
Author : Yuji Iwasawa
Publisher : BRILL
ISBN 13 : 9004523405
Total Pages : 344 pages
Book Rating : 4.0/5 (45 download)
Download or read book Domestic Application of International Law written by Yuji Iwasawa and published by BRILL. This book was released on 2022-10-24 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive study on the application of international law in domestic law, with a particular focus on the concept of direct applicability. It critically examines the domestic application of international law and puts forward a new framework.
Author : Lee Epstein
Publisher : CQ Press
ISBN 13 : 154431793X
Total Pages : 785 pages
Book Rating : 4.5/5 (443 download)
Download or read book Constitutional Law for a Changing America written by Lee Epstein and published by CQ Press. This book was released on 2019-01-09 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: A host of political factors—both internal and external—influence the Court’s decisions and shape the development of constitutional law. Among the more significant forces at work are the ways lawyers and interest groups frame legal disputes, the ideological and behavioral propensities of the justices, the politics of judicial selection, public opinion, and the positions that elected officials take, to name just a few. Combining lessons of the legal model with the influences of the political process, Constitutional Law for a Changing America shows how these dynamics shape the development of constitutional doctrine. The Tenth Edition offers rigorous, comprehensive content in a student-friendly manner. With meticulous revising and updating throughout, best-selling authors Lee Epstein and Thomas G. Walker streamline material while accounting for new scholarship and recent landmark cases—including key opinions handed down through the 2018 judicial session. Well-loved features keep students engaged by offering a clear delineation between commentary and opinion excerpts, a “Facts” and “Arguments” section before every case, a superb photo program, “Aftermath” and “Global Perspective” boxes, and a wealth of tables, figures, and maps. Students will walk away with an understanding that Supreme Court cases involve real people engaged in real disputes and are not merely legal names and citations.
Author : Gleider Hernández
Publisher : Oxford University Press
ISBN 13 : 0192848267
Total Pages : 714 pages
Book Rating : 4.1/5 (928 download)
Download or read book International Law written by Gleider Hernández and published by Oxford University Press. This book was released on 2022 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law presents a comprehensive yet student-focused approach to the subject, providing a contemporary and stimulating account of international law. With critical coverage delivered through a wide range of learning features, students are encouraged to engage with legal debates and controversies. Digital formats and resources The second edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks There is also a wide range of online resources that support the book, including: - Author tutorial videos for each chapter - Discussion questions - Critical thinking frameworks - A glossary of international law terms - A history of international law timeline
Author : Stephen Breyer
Publisher : Brookings Institution Press
ISBN 13 : 0815728905
Total Pages : 174 pages
Book Rating : 4.8/5 (157 download)
Download or read book Against the Death Penalty written by Stephen Breyer and published by Brookings Institution Press. This book was released on 2016-08-23 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A landmark dissenting opinion arguing against the death penalty. Does the death penalty violate the Constitution? In Against the Death Penalty, Justice Stephen Breyer argues that it does; that it is carried out unfairly and inconsistently and, thus, violates the ban on ""cruel and unusual punishments"" specified by the Eighth Amendment to the Constitution. “Today’s administration of the death penalty,” Breyer writes, “involves three fundamental constitutional defects: (1) serious unreliability, (2) arbitrariness in application, and (3) unconscionably long delays that undermine the death penalty’s penological purpose. Perhaps as a result, (4) most places within the United States have abandoned its use.” This volume contains Breyer's dissent in the case of Glossip v. Gross, which involved an unsuccessful challenge to Oklahoma's use of a lethal-injection drug because it might cause severe pain. Justice Breyer's legal citations have been edited to make them understandable to a general audience, but the text retains the full force of his powerful argument that the time has come for the Supreme Court to revisit the constitutionality of the death penalty. Breyer was joined in his dissent from the bench by Justice Ruth Bader Ginsburg. Their passionate argument has been cited by many legal experts including fellow Justice Antonin Scalia—as signaling an eventual Court ruling striking down the death penalty. A similar dissent in 1963 by Breyer's mentor, Justice Arthur J. Goldberg, helped set the stage for a later ruling, imposing what turned out to be a four-year moratorium on executions."
Author : M. Atwell
Publisher : Springer
ISBN 13 : 1137270373
Total Pages : 299 pages
Book Rating : 4.1/5 (372 download)
Download or read book An American Dilemma written by M. Atwell and published by Springer. This book was released on 2015-06-16 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: An American Dilemma examines the issue of capital punishment in the United States as it conflicts with the nation's obligations under the 1963 Vienna Convention on Consular Relations. In a number of high profile cases, foreign nationals have been executed after being denied their rights under the Vienna Convention. The International Court of Justice has ruled against the United States, but individual states have chosen to defy international law. The Supreme Court has not resolved the question of legal remedies for such breaches.
Author : August Reinisch
Publisher : OUP Oxford
ISBN 13 : 0191668737
Total Pages : 2307 pages
Book Rating : 4.1/5 (916 download)
Download or read book The Privileges and Immunities of International Organizations in Domestic Courts written by August Reinisch and published by OUP Oxford. This book was released on 2013-09-12 with total page 2307 pages. Available in PDF, EPUB and Kindle. Book excerpt: International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the legal personality, privileges, and immunities of international organizations. It presents a selection of detailed country-by-country studies, examining the manner of judicial dialogue across domestic jurisdictions, and between national and international courts. The approach taken in this book intersects with three highly topical areas of international legal scholarship: the rapidly evolving law of international institutions; the burgeoning research into the role of domestic courts in the international legal system; and the recent rise of empirically-oriented legal scholarship. Utilizing OUP's International Law in Domestic Courts database, the book presents analysis of little-known cases which have real international significance, illustrating the impact and extent of transnational judicial dialogue in the international legal system. The book provides important perspectives on the evolution and status of the law of immunity of international organizations, and contributes to the understanding of relationships between national courts, and between national and international courts.
Author : Maurice Chammah
Publisher : Crown
ISBN 13 : 1524760285
Total Pages : 369 pages
Book Rating : 4.5/5 (247 download)
Download or read book Let the Lord Sort Them written by Maurice Chammah and published by Crown. This book was released on 2022-01-18 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES EDITORS’ CHOICE • A deeply reported, searingly honest portrait of the death penalty in Texas—and what it tells us about crime and punishment in America “If you’re one of those people who despair that nothing changes, and dream that something can, this is a story of how it does.”—Anand Giridharadas, The New York Times Book Review WINNER OF THE J. ANTHONY LUKAS AWARD In 1972, the United States Supreme Court made a surprising ruling: the country’s death penalty system violated the Constitution. The backlash was swift, especially in Texas, where executions were considered part of the cultural fabric, and a dark history of lynching was masked by gauzy visions of a tough-on-crime frontier. When executions resumed, Texas quickly became the nationwide leader in carrying out the punishment. Then, amid a larger wave of criminal justice reform, came the death penalty’s decline, a trend so durable that even in Texas the punishment appears again close to extinction. In Let the Lord Sort Them, Maurice Chammah charts the rise and fall of capital punishment through the eyes of those it touched. We meet Elsa Alcala, the orphaned daughter of a Mexican American family who found her calling as a prosecutor in the nation’s death penalty capital, before becoming a judge on the state’s highest court. We meet Danalynn Recer, a lawyer who became obsessively devoted to unearthing the life stories of men who committed terrible crimes, and fought for mercy in courtrooms across the state. We meet death row prisoners—many of them once-famous figures like Henry Lee Lucas, Gary Graham, and Karla Faye Tucker—along with their families and the families of their victims. And we meet the executioners, who struggle openly with what society has asked them to do. In tracing these interconnected lives against the rise of mass incarceration in Texas and the country as a whole, Chammah explores what the persistence of the death penalty tells us about forgiveness and retribution, fairness and justice, history and myth. Written with intimacy and grace, Let the Lord Sort Them is the definitive portrait of a particularly American institution.
Author : Inter-American Commission on Human Rights
Publisher : BRILL
ISBN 13 : 9004530355
Total Pages : 1263 pages
Book Rating : 4.0/5 (45 download)
Download or read book Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 25 (2009) written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-11-07 with total page 1263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Yearbook aims to contribute to a greater awareness of the functions and activities of the organs of the Inter-American system for the protection of human rights.
