The Challenge

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Publisher : Farrar, Straus and Giroux
ISBN 13 : 1429933127
Total Pages : 387 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis The Challenge by : Jonathan Mahler

Download or read book The Challenge written by Jonathan Mahler and published by Farrar, Straus and Giroux. This book was released on 2008-08-05 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: An inspiring legal thriller set against the backdrop of the war on terror, The Challenge tells the inside story of a historic Supreme Court showdown. At its center are a Navy JAG and a young constitutional law professor who, in the aftermath of 9/11, find themselves defending their nation in the unlikeliest of ways: by suing the president of the United States on behalf of an accused terrorist in order to prevent the American government from breaking the law and violating the Constitution. Jonathan Mahler traces the journey of their client, Salim Ahmed Hamdan, from the Yemeni mosque where he was first recruited for jihad in 1998, through his years working as a driver for Osama bin Laden, to his capture in Afghanistan in November 2001 and his subsequent transfer to Guantanamo Bay. It was there that Hamdan was designated by President Bush to be tried before a special military tribunal and assigned a military lawyer to represent him, a thirty-five-year-old graduate student of the Naval Academy, Lieutenant Commander Charles Swift. No one expected Swift to mount much of a defense. Not only were the rules of the tribunals, America's first in more than fifty years, stacked against him, his superiors at the Pentagon were pressuring him to persuade Hamdan to plead guilty. But Swift didn't believe that the tribunals were either legal or fair, so he enlisted a young Georgetown law professor named Neal Katyal to help him sue the Bush administration over their legality. In the spring of 2006, Katyal, who had almost no trial experience, took the case to the Supreme Court and won. The landmark ruling has been called the Court's most important decision ever on presidential power and the rule of law. Written with the cooperation of Swift and Katyal, The Challenge follows the braided stories of Swift's intense, precarious relationship with Hamdan and the unprecedented legal case itself. Combining rich character portraits and courtroom drama reminiscent of Jonathan Harr's A Civil Action with sophisticated yet accessible legal analysis, The Challenge is a riveting narrative that illuminates some of the most pressing constitutional questions of the post-9/11 era.

The 9/11 Terror Cases

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Publisher : University Press of Kansas
ISBN 13 : 0700621709
Total Pages : 240 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis The 9/11 Terror Cases by : Allan A. Ryan

Download or read book The 9/11 Terror Cases written by Allan A. Ryan and published by University Press of Kansas. This book was released on 2015-11-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The terrorist attacks of 9/11 are indelibly etched into our cultural memory. This is the story of how the legal ramifications of that day brought two presidents, Congress, and the Supreme Court into repeated confrontation over the incarceration of hundreds of suspected terrorists and “enemy combatants” at the US naval base in Guantánamo, Cuba. Could these prisoners (including an American citizen) be held indefinitely without due process of law? Did they have the right to seek their release by habeas corpus in US courts? Could they be tried in a makeshift military judicial system? With Guantánamo well into its second decade, these questions have challenged the three branches of government, each contending with the others, and each invoking the Constitution’s separation of powers as well as its checks and balances. In The 9/11 Terror Cases, Allan A. Ryan leads students and general readers through the pertinent cases: Rasul v. Bush and Hamdi v. Rumsfeld, both decided by the Supreme Court in 2004; Hamdan v. Bush, decided in 2006; and Boumediene v. Bush, in 2008. An eloquent writer and an expert in military law and constitutional litigation, Ryan is an adept guide through the nuanced complexities of these cases, which rejected the sweeping powers asserted by President Bush and Congress, and upheld the rule of law, even for enemy combatants. In doing so, as we see clearly in Ryan's deft account, the Supreme Court's rulings speak directly to the extent and nature of presidential and congressional prerogative, and to the critical separation and balance of powers in the governing of the United States.

Bush, the Detainees, and the Constitution

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Publisher :
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Bush, the Detainees, and the Constitution by : Howard Ball

Download or read book Bush, the Detainees, and the Constitution written by Howard Ball and published by . This book was released on 2007 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on the recent "Enemy Combatant Cases" to provide a stern critique of the legal and constitutional basis for the enormous expansion of presidential power during the Bush administration's "War on Terror," and the challenges (especially in the Supreme Court) that such expansion has inspired.

The Terror Courts

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Publisher : Yale University Press
ISBN 13 : 0300191340
Total Pages : 539 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Terror Courts by : Jess Bravin

Download or read book The Terror Courts written by Jess Bravin and published by Yale University Press. This book was released on 2013-02-19 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Soon after the September 11 attacks in 2001, the United States captured hundreds of suspected al-Qaeda terrorists in Afghanistan and around the world. By the following January the first of these prisoners arrived at the U.S. military's prison camp in Guantanamo Bay, Cuba, where they were subject to President George W. Bush's executive order authorizing their trial by military commissions. Jess Bravin, the "Wall Street Journal"'s Supreme Court correspondent, was there within days of the prison's opening, and has continued ever since to cover the U.S. effort to create a parallel justice system for enemy aliens. A maze of legal, political, and moral issues has stood in the way of justice--issues often raised by military prosecutors who found themselves torn between duty to the chain of command and their commitment to fundamental American values.While much has been written about Guantanamo and brutal detention practices following 9/11, Bravin is the first to go inside the Pentagon's prosecution team to expose the real-world legal consequences of those policies. Bravin describes cases undermined by inadmissible evidence obtained through torture, clashes between military lawyers and administration appointees, and political interference in criminal prosecutions that would be shocking within the traditional civilian and military justice systems. With the Obama administration planning to try the alleged 9/11 conspirators at Guantanamo--and vindicate the legal experiment the Bush administration could barely get off the ground--"The Terror Courts" could not be more timely.

Habeas Corpus

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Publisher : Harvard University Press
ISBN 13 : 0674064208
Total Pages : 513 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Habeas Corpus by : Paul D. Halliday

Download or read book Habeas Corpus written by Paul D. Halliday and published by Harvard University Press. This book was released on 2012-04-02 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guant‡namo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.

The Oxford Guide to United States Supreme Court Decisions

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Publisher : Oxford University Press
ISBN 13 : 0195139240
Total Pages : 450 pages
Book Rating : 4.1/5 (951 download)

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Book Synopsis The Oxford Guide to United States Supreme Court Decisions by : Kermit L. Hall

Download or read book The Oxford Guide to United States Supreme Court Decisions written by Kermit L. Hall and published by Oxford University Press. This book was released on 1999 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Democracy in America, De Tocqueville observed that there is hardly a political question in the United States which does not sooner or later turn into a judicial one. Two hundred years of American history have certainly borne out the truth of this remark. Whether a controversy is political,economic, or social, whether it focuses on child labor, slavery, prayer in public schools, war powers, busing, abortion, business monopolies, or capital punishment, eventually the battle is taken to court. And the ultimate venue for these vital struggles is the Supreme Court. Indeed, the SupremeCourt is a prism through which the entire life of our nation is magnified and illuminated, and through which we have defined ourselves as a people. Now, in The Oxford Companion to the Supreme Court of the United States, readers have a rich source of information about one of the central institutions of American life. Everything one would want to know about the Supreme Court is here, in more than a thousand alphabetically arranged entries.There are biographies of every justice who ever sat on the Supreme Court (with pictures of each) as well as entries on rejected nominees and prominent judges (such as Learned Hand), on presidents who had an important impact on--or conflict with--the Court (including Thomas Jefferson, AbrahamLincoln, and Franklin Delano Roosevelt), and on other influential figures (from Alexander Hamilton to Cass Gilbert, the architect of the Supreme Court Building). More than four hundred entries examine every major case that the court has decided, from Marbury v. Madison (which established the Court'spower to declare federal laws unconstitutional) and Scott v. Sandford (the Dred Scott Case) to Brown v. Board of Education and Roe v. Wade. In addition, there are extended essays on the major issues that have confronted the Court (from slavery to national security, capital punishment to religion,from affirmative action to the Vietnam War), entries on judicial matters and legal terms (ranging from judicial review and separation of powers to amicus brief and habeas corpus), articles on all Amendments to the Constitution, and an extensive, four-part history of the Court. And as in all OxfordCompanions, the contributors combine scholarship with engaging insight, giving us a sense of the personality and the inner workings of the Court. They examine everything from the wanderings of the Supreme Court (the first session was held on the second floor of the Royal Exchange Building in NewYork City, and the Court at times has met in a Congressional committee room, a tavern, a rented house, and finally, in 1935, its own building), to the Jackson-Black Feud and the clouded resignation of Abe Fortas, to the Supreme Court's press room and the paintings and sculptures adorning the SupremeCourt building. The decisions of the Supreme Court have touched--and will continue to influence--every corner of American society. A comprehensive, authoritative guide to the Supreme Court, this volume is an essential reference source for everyone interested in the workings of this vital institution and inthe multitude of issues it has confronted over the course of its history.

Guantanamo and the Abuse of Presidential Power

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Publisher : Simon and Schuster
ISBN 13 : 0743293568
Total Pages : 337 pages
Book Rating : 4.7/5 (432 download)

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Book Synopsis Guantanamo and the Abuse of Presidential Power by : Joseph Margulies

Download or read book Guantanamo and the Abuse of Presidential Power written by Joseph Margulies and published by Simon and Schuster. This book was released on 2006-07-03 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his address to the nation on September 20, 2001, President Bush declared war on terrorism and set in motion a detention policy unlike any we have ever seen. Since then, the United States has seized thousands of people from around the globe, setting off a firestorm of controversy. Guantanamo and the Abuse of Presidential Power explores that policy and the intense debates that have followed. Written by an expert on the subject, one of the lawyers who fought -- and won -- the right for prisoners to have judicial review, this important book will be of immense interest to liberals and conservatives alike. With shocking facts and firsthand accounts, Margulies takes readers deep into the Guantánamo Bay prison, into the interrogation rooms and secret cells where hundreds of men and boys have been designated "enemy combatants." Held without legal process, they have been consigned to live out their days in isolation until the Bush administration sees fit to release them -- if itever does. Margulies warns Americans to be especially concerned by the administration's assertion that the Presidentcan have unlimited and unchecked legal authority. Tracing the arguments on both sides of the debate, this vitally important book paints a portrait of a country divided, on the brink of ethical collapse, where the loss of personal freedoms is under greater threat than ever before.

Power Play

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Publisher :
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Power Play by : James P. Pfiffner

Download or read book Power Play written by James P. Pfiffner and published by . This book was released on 2008 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Passionate book, he focuses on the constitutional implications of expanded presidential power and why American citizens should care.

Socializing States

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Publisher : Oxford University Press
ISBN 13 : 0199300992
Total Pages : 251 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Socializing States by : Ryan Goodman

Download or read book Socializing States written by Ryan Goodman and published by Oxford University Press. This book was released on 2013-09-19 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a greater specification of how international law influences relevant actors to improve human rights. It argues that states are influenced via general social processes such as cultural contagion, identification, and mimicry. These processes occasion a rethinking of fundamental regime design problems in human rights law.

The Nuremberg Trial and International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900463441X
Total Pages : 304 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The Nuremberg Trial and International Law by : George Ginsburgs

Download or read book The Nuremberg Trial and International Law written by George Ginsburgs and published by Martinus Nijhoff Publishers. This book was released on 1990-09 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Persistence of Reciprocity in International Humanitarian Law

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Publisher : Cambridge University Press
ISBN 13 : 110848669X
Total Pages : 227 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Persistence of Reciprocity in International Humanitarian Law by : Bryan Peeler

Download or read book The Persistence of Reciprocity in International Humanitarian Law written by Bryan Peeler and published by Cambridge University Press. This book was released on 2019-10-24 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: An evaluation of the importance of reciprocity in considering states' legal obligations in armed conflicts.

Known and Unknown

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Publisher : Penguin
ISBN 13 : 1101502495
Total Pages : 882 pages
Book Rating : 4.1/5 (15 download)

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Book Synopsis Known and Unknown by : Donald Rumsfeld

Download or read book Known and Unknown written by Donald Rumsfeld and published by Penguin. This book was released on 2011-02-08 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt: A powerful memoir from the late former U.S. Secretary of Defense Donald Rumsfeld With the same directness that defined his career in public service, Rumsfeld's memoir is filled with previously undisclosed details and insights about the Bush administration, 9/11, and the wars in Afghanistan and Iraq. It also features Rumsfeld's unique and often surprising observations on eight decades of history. Rumsfeld addresses the challenges and controversies of his illustrious career, from the unseating of the entrenched House Republican leader in 1965, to helping the Ford administration steer the country away from Watergate and Vietnam, to the war in Iraq, to confronting abuse at Abu Ghraib. Along the way, he offers his plainspoken, first-hand views and often humorous and surprising anecdotes about some of the world's best-known figures, ranging from Elvis Presley to George W. Bush. Both a fascinating narrative and an unprecedented glimpse into history,Known and Unknown captures the legacy of one of the most influential men in public service.

Constitutional Rights in Two Worlds

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Publisher : Cambridge University Press
ISBN 13 : 0521879043
Total Pages : 336 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Constitutional Rights in Two Worlds by : Mark S. Kende

Download or read book Constitutional Rights in Two Worlds written by Mark S. Kende and published by Cambridge University Press. This book was released on 2009-03-02 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.

Torture Team

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Publisher : Penguin UK
ISBN 13 : 014191937X
Total Pages : 281 pages
Book Rating : 4.1/5 (419 download)

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Book Synopsis Torture Team by : Philippe Sands

Download or read book Torture Team written by Philippe Sands and published by Penguin UK. This book was released on 2008-05-01 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: After 9/11. George W. Bush's administration declared that they were going to have to work through 'the dark side'. And they did: they turned their backs on international law and on America's history of respecting human rights. They wanted only legal advice that made it okay to torture, and they made sure they got it. Voices of dissent were sidelined, while low level officials brainstormed interrogation techniques and took their lead from Jack Bauer in 24. In Torture Team, Philippe Sands tracks down and interviews those responsible, and makes a compelling case that, in an ugly blotch on Americda's recent past, war crimes were committed for which no one has yet been held to account.

Constitutional Law: Principles and Policy

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (18 download)

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Book Synopsis Constitutional Law: Principles and Policy by : Jerome Barron

Download or read book Constitutional Law: Principles and Policy written by Jerome Barron and published by . This book was released on 1975 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Law Stories

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Publisher : Foundation Press
ISBN 13 :
Total Pages : 468 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Law Stories by : John E. Noyes

Download or read book International Law Stories written by John E. Noyes and published by Foundation Press. This book was released on 2007 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title sets the most significant international law cases in their social, political, and historical context. It showcases 13 essays by leading international law experts. The essays are organized in three groupings: stories about the development of international human rights law, stories about the use of international law in the U.S. legal system, and stories about international law's impact on interstate politics and the global economy. Experienced international law scholars, teachers, and practitioners will discover valuable new insights, and readers new to international law will find that the book quickly immerses them in the most significant developments in the field.

Judicial Activity Concerning Enemy Combatant Detainees

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Author :
Publisher : CreateSpace
ISBN 13 : 9781490495859
Total Pages : 44 pages
Book Rating : 4.4/5 (958 download)

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Book Synopsis Judicial Activity Concerning Enemy Combatant Detainees by : Jennifer Elsea

Download or read book Judicial Activity Concerning Enemy Combatant Detainees written by Jennifer Elsea and published by CreateSpace. This book was released on 2013-06-21 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of the conflict with Al Qaeda and the Taliban, the United States has captured and detained numerous persons believed to have been part of or associated with enemy forces. Over the years, federal courts have considered a multitude of petitions by or on behalf of suspected belligerents challenging aspects of U.S. detention policy. Although the Supreme Court has issued definitive rulings concerning several legal issues raised in the conflict with Al Qaeda and the Taliban, many others remain unresolved, with some the subject of ongoing litigation.