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The Court And The World
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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 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 2015-09-15 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. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. 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 Authority of the Court and the Peril of Politics by : Stephen Breyer
Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Book Synopsis Fools Are Everywhere by : Beatrice K. Otto
Download or read book Fools Are Everywhere written by Beatrice K. Otto and published by University of Chicago Press. This book was released on 2001-04 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this lively work, Beatrice K. Otto takes us on a journey around the world in search of one of the most colorful characters in history—the court jester. Though not always clad in cap and bells, these witty, quirky characters crop up everywhere, from the courts of ancient China and the Mogul emperors of India to those of medieval Europe, Africa, the Middle East, and the Americas. With a wealth of anecdotes, jokes, quotations, epigraphs, and illustrations (including flip art), Otto brings to light little-known jesters, highlighting their humanizing influence on people with power and position and placing otherwise remote historical figures in a more idiosyncratic, intimate light. Most of the work on the court jester has concentrated on Europe; Otto draws on previously untranslated classical Chinese writings and other sources to correct this bias and also looks at jesters in literature, mythology, and drama. Written with wit and humor, Fools Are Everywhere is the most comprehensive look at these roguish characters who risked their necks not only to mock and entertain but also to fulfill a deep and widespread human and social need.
Book Synopsis The Garments of Court and Palace by : Philip Bobbitt
Download or read book The Garments of Court and Palace written by Philip Bobbitt and published by Atlantic Books. This book was released on 2015-01-01 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times-bestselling author presents a provocative new interpretation of The Prince The Prince, a political treatise by the Florentine public servant and political theorist Niccolo Machiavelli, is widely regarded as the most important exploration of politics—and in particular the politics of power—ever written. In Garments of Court and Palace, Philip Bobbitt, a preeminent and original interpreter of modern statecraft, presents a vivid portrait of Machiavelli's Italy and demonstrates how The Prince articulates a new idea of government that emerged during the Renaissance. Bobbitt argues that when The Prince is read alongside the Discourses, modern readers can see clearly how Machiavelli prophesied the end of the feudal era and the birth of a recognizably modern polity. As this book shows, publication of The Prince in 1532 represents nothing less than a revolutionary moment in our understanding of the place of the law and war in the creation and maintenance of the modern state.
Book Synopsis Salt of the Earth, Conscience of the Court by : John M. Ferren
Download or read book Salt of the Earth, Conscience of the Court written by John M. Ferren and published by Univ of North Carolina Press. This book was released on 2006-03-08 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kentucky-born son of a Baptist preacher, with an early tendency toward racial prejudice, Supreme Court Justice Wiley Rutledge (1894-1949) became one of the Court's leading liberal activists and an early supporter of racial equality, free speech, and church-state separation. Drawing on more than 160 interviews, John M. Ferren provides a valuable analysis of Rutledge's life and judicial decisionmaking and offers the most comprehensive explanation to date for the Supreme Court nominations of Rutledge, Felix Frankfurter, and William O. Douglas. Rutledge was known for his compassion and fairness. He opposed discrimination based on gender and poverty and pressed for expanded rights to counsel, due process, and federal review of state criminal convictions. During his brief tenure on the Court (he died following a stroke at age fifty-five), he contributed significantly to enhancing civil liberties and the rights of naturalized citizens and criminal defendants, became the Court's most coherent expositor of the commerce clause, and dissented powerfully from military commission convictions of Japanese generals after World War II. Through an examination of Rutledge's life, Ferren highlights the development of American common law and legal education, the growth of the legal profession and related institutions, and the evolution of the American court system, including the politics of judicial selection.
Book Synopsis My Beloved World by : Sonia Sotomayor
Download or read book My Beloved World written by Sonia Sotomayor and published by Vintage. This book was released on 2013-01-15 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: #1 NATIONAL BESTSELLER • A “searching and emotionally intimate memoir” (The New York Times) told with a candor never before undertaken by a sitting Justice. This “powerful defense of empathy” (The Washington Post) is destined to become a classic of self-invention and self-discovery. The first Hispanic and third woman appointed to the United States Supreme Court, Sonia Sotomayor has become an instant American icon. In this story of human triumph that “hums with hope and exhilaration” (NPR), she recounts her life from a Bronx housing project to the federal bench, a journey that offers an inspiring testament to her own extraordinary determination and the power of believing in oneself. Here is the story of a precarious childhood, with an alcoholic father (who would die when she was nine) and a devoted but overburdened mother, and of the refuge a little girl took from the turmoil at home with her passionately spirited paternal grandmother. But it was when she was diagnosed with juvenile diabetes that the precocious Sonia recognized she must ultimately depend on herself. She would learn to give herself the insulin shots she needed to survive and soon imagined a path to a different life. With only television characters for her professional role models, and little understanding of what was involved, she determined to become a lawyer, a dream that would sustain her on an unlikely course, from valedictorian of her high school class to the highest honors at Princeton, Yale Law School, the New York County District Attorney’s office, private practice, and appointment to the Federal District Court before the age of forty. Along the way we see how she was shaped by her invaluable mentors, a failed marriage, and the modern version of extended family she has created from cherished friends and their children. Through her still-astonished eyes, America’s infinite possibilities are envisioned anew in this warm and honest book.
Download or read book Rough Justice written by David Bosco and published by Oxford University Press. This book was released on 2014 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of the movement to establish the International Criminal Court, its tumultuous first decade, and the challenges it will continue to face in the future.
Book Synopsis The United States and the International Criminal Court by : Sarah B. Sewall
Download or read book The United States and the International Criminal Court written by Sarah B. Sewall and published by Rowman & Littlefield. This book was released on 2000 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: American reluctance to join the International Criminal Court illuminates important trends in international security and a central dilemma facing U.S. Foreign policy in the 21st century. The ICC will prosecute individuals who commit egregious international human rights violations such as genocide. The Court is a logical culmination of the global trends toward expanding human rights and creating international institutions. The U.S., which fostered these trends because they served American national interests, initially championed the creation of an ICC. The Court fundamentally represents the triumph of American values in the international arena. Yet the United States now opposes the ICC for fear of constraints upon America's ability to use force to protect its national interests. The principal national security and constitutional objections to the Court, which the volume explores in detail, inflate the potential risks inherent in joining the ICC. More fundamentally, they reflect a belief in American exceptionalism that is unsustainable in today's world. Court opponents also underestimate the growing salience of international norms and institutions in addressing emerging threats to U.S. national interests. The misguided assessments that buttress opposition to the ICC threaten to undermine American leadership and security in the 21st century more gravely than could any international institution.
Book Synopsis The World Court by : Shabtai Rosenne
Download or read book The World Court written by Shabtai Rosenne and published by Hassell Street Press. This book was released on 2021-09-09 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Book Synopsis Who Controls the Internet? by : Jack Goldsmith
Download or read book Who Controls the Internet? written by Jack Goldsmith and published by Oxford University Press. This book was released on 2006-03-17 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the Internet erasing national borders? Will the future of the Net be set by Internet engineers, rogue programmers, the United Nations, or powerful countries? Who's really in control of what's happening on the Net? In this provocative new book, Jack Goldsmith and Tim Wu tell the fascinating story of the Internet's challenge to governmental rule in the 1990s, and the ensuing battles with governments around the world. It's a book about the fate of one idea--that the Internet might liberate us forever from government, borders, and even our physical selves. We learn of Google's struggles with the French government and Yahoo's capitulation to the Chinese regime; of how the European Union sets privacy standards on the Net for the entire world; and of eBay's struggles with fraud and how it slowly learned to trust the FBI. In a decade of events the original vision is uprooted, as governments time and time again assert their power to direct the future of the Internet. The destiny of the Internet over the next decades, argue Goldsmith and Wu, will reflect the interests of powerful nations and the conflicts within and between them. While acknowledging the many attractions of the earliest visions of the Internet, the authors describe the new order, and speaking to both its surprising virtues and unavoidable vices. Far from destroying the Internet, the experience of the last decade has lead to a quiet rediscovery of some of the oldest functions and justifications for territorial government. While territorial governments have unavoidable problems, it has proven hard to replace what legitimacy governments have, and harder yet to replace the system of rule of law that controls the unchecked evils of anarchy. While the Net will change some of the ways that territorial states govern, it will not diminish the oldest and most fundamental roles of government and challenges of governance. Well written and filled with fascinating examples, including colorful portraits of many key players in Internet history, this is a work that is bound to stir heated debate in the cyberspace community.
Book Synopsis Making Our Democracy Work by : Stephen Breyer
Download or read book Making Our Democracy Work written by Stephen Breyer and published by Vintage. This book was released on 2011-09-13 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charged with the responsibility of interpreting the Constitution, the Supreme Court has the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can it help make our democracy work? In this groundbreaking book, Justice Stephen Breyer tackles these questions and more, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come.
Download or read book Turning Pages written by Sonia Sotomayor and published by Penguin. This book was released on 2018-09-04 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Sonia Sotomayor tells her own story for young readers for the very first time! As the first Latina Supreme Court Justice, Sonia Sotomayor has inspired young people around the world to reach for their dreams. But what inspired her? For young Sonia, the answer was books! They were her mirrors, her maps, her friends, and her teachers. They helped her to connect with her family in New York and in Puerto Rico, to deal with her diabetes diagnosis, to cope with her father's death, to uncover the secrets of the world, and to dream of a future for herself in which anything was possible. In Turning Pages, Justice Sotomayor shares that love of books with a new generation of readers, and inspires them to read and puzzle and dream for themselves. Accompanied by Lulu Delacre's vibrant art, this story of the Justice's life shows readers that the world is full of promise and possibility--all they need to do is turn the page. Praise for Turning Pages: * "A sincere and insightful autobiography that also demonstrates the power of the written word. A winning addition to libraries that serve young readers." --School Library Journal, starred review "A personal and appealing book made to inspire." --Booklist "A thoughtful introduction to both the power of reading and an inspiring role model." --Kirkus Reviews "This book would be great as a read-aloud for class discussions of the Supreme Court, or United States government, or of important people in public service. It would also be good for independent reading by students interested in biographies or political figures." --School Library Connection
Book Synopsis The Case Against the Supreme Court by : Erwin Chemerinsky
Download or read book The Case Against the Supreme Court written by Erwin Chemerinsky and published by Penguin Books. This book was released on 2015-09-29 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
Download or read book The Agenda written by Ian Millhiser and published by . This book was released on 2021-03-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: From 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation outside of the tax law President Trump signed in 2017. In the same period, the Supreme Court dismantled much of America's campaign finance law, severely weakened the Voting Rights Act, permitted states to opt-out of the Affordable Care Act's Medicaid expansion, weakened laws protecting against age discimination and sexual and racial harassment, and held that every state must permit same-sex couples to marry. This powerful unelected body, now controlled by six very conservative Republicans, has and will become the locus of policymaking in the United States. Ian Millhiser, Vox's Supreme Court correspondent, tells the story of what those six justices are likely to do with their power. It is true that the right to abortion is in its final days, as is affirmative action. But Millhiser shows that it is in the most arcane decisions that the Court will fundamentally reshape America, transforming it into something far less democratic, by attacking voting rights, dismantling and vetoing the federal administrative state, ignoring the separation of church and state, and putting corporations above the law. The Agenda exposes a radically altered Supreme Court whose powers extend far beyond transforming any individual right--its agenda is to shape the very nature of America's government, redefining who gets to have legal rights, who is beyond the reach of the law, and who chooses the people who make our laws.
Book Synopsis Restoring the Global Judiciary by : Martin S. Flaherty
Download or read book Restoring the Global Judiciary written by Martin S. Flaherty and published by Princeton University Press. This book was released on 2022-05-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.
Book Synopsis The World Court, 1922-1929 by : Manley Ottmer Hudson
Download or read book The World Court, 1922-1929 written by Manley Ottmer Hudson and published by . This book was released on 1929 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: