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United States V Alvarez Machain
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Book Synopsis United States Attorneys' Manual by : United States. Department of Justice
Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Conflict of Laws by : Symeon Symeonides
Download or read book Conflict of Laws written by Symeon Symeonides and published by West Academic Publishing. This book was released on 2003 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout the book, there is extensive information about the law and practice of other mostly civil-law countries that provides an opportunity for instructive comparative discussion. One chapter is devoted to international conflict, and another chapter is focused on conflict in cyberspace.
Book Synopsis The Alien Tort Claims ACT by : Ralph Gustav Steinhardt
Download or read book The Alien Tort Claims ACT written by Ralph Gustav Steinhardt and published by Martinus Nijhoff Publishers. This book was released on 2023-07-03 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Alien Tort Claims Act is virtually unique in U.S. legislation for its clear recognition of international human rights. This unparalleled collection of essays, the only extensive work on the Act, draws together the best analyses and interpretations written to date, under the editorship of two of America's most untraditional and imaginative theorists of international law, and makes a formidable case for the Alien Tort Claims Act as a powerful tool for all lawyers, regardless of specialization. The book includes an exhaustive annotated bibliography. Published under the Transnational Publishers imprint.
Book Synopsis Enforcing International Law Norms Against Terrorism by : Andrea Bianchi
Download or read book Enforcing International Law Norms Against Terrorism written by Andrea Bianchi and published by Hart Publishing. This book was released on 2004-07 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers originally presented in a conference held at the Catholic University, Milan, on 10-11 May 2002.
Book Synopsis The Court and the World by : Stephen Breyer
Download or read book The Court and the World written by Stephen Breyer and published by Vintage. This book was released on 2016-08-23 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. 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.
Book Synopsis The Supreme Court in the Early Republic by : William R. Casto
Download or read book The Supreme Court in the Early Republic written by William R. Casto and published by Chief Justices of the United S. This book was released on 2012 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an introduction to the Supreme Court's creation and roughly its first decade of operation, up to 1901, when John Marshall became its fourth Chief Justice. the book is intended for general readers -- both lawyers and non lawyers -- with a scholarly interest in the subject.-- p. 1.
Book Synopsis Fidelity & Constraint by : Lawrence Lessig
Download or read book Fidelity & Constraint written by Lawrence Lessig and published by Oxford University Press. This book was released on 2019-04-03 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamental fact about our Constitution is that it is old -- the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge -- the ultimate translator -- has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice. The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.
Book Synopsis Extradition, Politics, and Human Rights by : Christopher H. Pyle
Download or read book Extradition, Politics, and Human Rights written by Christopher H. Pyle and published by Temple University Press. This book was released on 2001 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three hundred years ago, few people cared about the murky past of new arrivals to the United States, and the countries they had left made few efforts to pursue them to their new home. Today with the growth of bureaucracy, telecommunications, and air travel, extradition has become a full-time business. But the public's knowledge of, and consequent concern about, extradition remains minimal, aroused from time to time by newspaper headlines, only to fade. In this readable and compelling history of extradition in America, Christopher Pyle remedies that ignorance. Using American constitutional law and drawing on a wealth of historical cases, he describes the collision of law and politics that occurs when a foreign country demands the surrender of individuals held to be terrorists by some and freedom fighters by others. He shows how U.S. policymakers have attempted to substitute deportation for extradition, and turn the surrender of a foreign national (or even an American citizen) into a political rather than a judicial process. Beginning with the New England Puritans' refusal to surrender to the "regicides" who had signed the death warrant of King Charles I, he traces the attitudes and ideologies that have shaped American extradition practice, culminating in the efforts by the Reagan and Bush administrations to turn the legal extradition process into an executive tool of state policy. Along the way we meet such legal luminaries as James Madison and John Stuart Mill, William Rehnquist and Oliver North, as well as pirates and fugitive slaves, anarchists and refugees, drug lords and runaway sailors. Woven throughout this story is the author's belief that current developments in extradition law ignore or actually violate the principles of individual liberty, due process, and humanity on which we claim our country was built. As he remarks in the Introduction, "Extradition involves the surrender of human beings--persons under the protection of our Constitution--to foreign regimes, many of which are unjust. This reality was well understood in the eighteenth and nineteenth centuries, when the United States was a refuge for the victims of European oppression, but it has been disregarded frequently in the twentieth century as we have sought to stem the tide of immigration and develop advantageous economic and political relations with autocratic regimes of every stripe." Author note: Christopher H. Pyle is Professor of Politics at Mount Holyoke College. He is the author of several books and Congressional reports and has frequently testified before Congress on the subject of extradition and deportation.
Book Synopsis Jurisdiction in International Law by : Cedric Ryngaert
Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Book Synopsis General Principles for Business and Human Rights in International Law by : Ludovica Chiussi Curzi
Download or read book General Principles for Business and Human Rights in International Law written by Ludovica Chiussi Curzi and published by BRILL. This book was released on 2020-10-26 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field.
Book Synopsis Universal Civil Jurisdiction by : Serena Forlati
Download or read book Universal Civil Jurisdiction written by Serena Forlati and published by BRILL. This book was released on 2020-10-12 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Universal Civil Jurisdiction ¬– Which Way Forward? leading experts of public and private international law discuss the challenges that victims of international crimes face when they seek reparation in countries other than the country where the crime was committed.
Book Synopsis The Powers of War and Peace by : John Yoo
Download or read book The Powers of War and Peace written by John Yoo and published by University of Chicago Press. This book was released on 2008-09-15 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review
Book Synopsis Is International Law International? by : Anthea Roberts
Download or read book Is International Law International? written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.
Book Synopsis Briefs of Leading Cases in Law Enforcement by : Rolando V. del Carmen
Download or read book Briefs of Leading Cases in Law Enforcement written by Rolando V. del Carmen and published by Routledge. This book was released on 2015-12-22 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Briefs of Leading Cases in Law Enforcement, Ninth Edition, offers extensive updates on the leading Supreme Court cases impacting law enforcement in the United States, creating a must-have reference for police officers to stay up-to-date and have a strong understanding of the law and their function within it. All cases are briefed in a common format to allow for comparisons among cases and include facts, relevant issues, and the Court’s decision and reasoning. The significance of each case is also explained, making clear its impact on citizens and law enforcement. The book provides students and practitioners with historical and social context for their role in criminal justice and the legal guidelines that should be followed in day-to-day policing activities. Two new chapters have been added on Searches by Dogs (featuring United States v. Place, Illinois v. Caballes, Florida v. Harris, and Florida v. Jardines) and Computer/Cell Phone Searches (featuring Riley v. California). Additional new cases include: • In Chapter 4, covering Arrests and Other Seizures of Persons: Bailey v. United States • In Chapter 5, covering Seizures of Things: Missouri v. McNeely and Maryland v. King • In Chapter 6, covering Searches in General: Kentucky v. King • In Chapter 8, covering Searches With Consent: Fernandez v. California • In Chapter 9, covering Vehicle Stops and Searches: Navarette v. California • In Chapter 12, covering Electronic Surveillance: United States v. Jones • In Chapter 16, covering, Use of Force: Plumhoff v. Rickard • In Chapter 17, covering Confessions and Admissions: Cases Affirming Miranda: J.D.B v. North Carolina • In Chapter 18, covering Confessions and Admissions: Cases Weakening Miranda: Salinas v. Texas • In Chapter 23, covering Legal Liabilities: Messerschmidt v. Millender
Book Synopsis International Law in the US Legal System by : Curtis A. Bradley
Download or read book International Law in the US Legal System written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2020-12-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
Book Synopsis Prosecuting Maritime Piracy by : Michael P. Scharf
Download or read book Prosecuting Maritime Piracy written by Michael P. Scharf and published by Cambridge University Press. This book was released on 2015-06-09 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses maritime piracy by focusing on the unique and fascinating issues arising in the course of domestic piracy prosecutions, from the pursuit and apprehension of pirates to their trial and imprisonment. It examines novel matters not addressed in other published works, such as the challenges in preserving and presenting evidence in piracy trials, the rights of pirate defendants, and contending with alleged pirates who are juveniles. A more thorough understanding of modern piracy trials and the precedent they have established is critical to scholars, practitioners, and the broader community interested in counter-piracy efforts, as these prosecutions are likely to be the primary judicial mechanism to contend with pirate activity going forward.
Book Synopsis International Law at a Time of Perplexity by : Yôrām Dinšṭein
Download or read book International Law at a Time of Perplexity written by Yôrām Dinšṭein and published by Martinus Nijhoff Publishers. This book was released on 1989-06-14 with total page 1108 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains a consolidated reproduction of Part One (articles 1 to 35) of the Draft Article on State Responsibility & their important Commentaries, prepared by the International Law Commission in the period ending in 1980. These articles deal with the origin of international responsibility, including general principles, the act of State, breach of an international obligation, & circumstances precluding wrongfulness. They were drawn up on the basis of eight reports submitted by the Special Rapporteur, Professor, now Judge Roberto Ago. An introduction written by Shabtai Rosenne traces the history of the official codification of the topic of State Responsibility since the League of Nations first broached the matter in 1924. State Responsibility is central to the daily practice of international law, & its systematic treatment is central to the codification process. The International Law Commission is continuing work on the topic. In the meantime, the articles of Part One, now concentrated for the first time in a single volume, are the major starting point for this work. This volume will be of great value to practitioners, teachers & students of international law. Shabtai Rosenne was a member of the International Law Commission from 1962 to 1971, when the basic decisions regarding the approach to the current phase of the work were taken.