Litigating War PDF Download
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Author | : Sean D. Murphy |
Publisher | : Oxford University Press |
Total Pages | : 1061 |
Release | : 2013-03-27 |
Genre | : Law |
ISBN | : 019932414X |
Download Litigating War Book in PDF, ePub and Kindle
Litigating War offers an in-depth examination of the law and procedure of the Eritrea-Ethiopia Claims Commission, which was tasked with deciding, through binding arbitration, claims for losses, damages, and injuries resulting from the 1998-2000 Eritrean-Ethiopian war. After providing an overview of the war, the authors describe how the Commission was established, its jurisdiction, the sources of law it applied, its treatment of nationality and evidentiary issues, and the relief it rendered. Separate chapters then address particular topics, such as the initiation of the war, battlefield conduct, belligerent occupation, aerial bombardment, prisoners of war, enemy aliens and their property, diplomats and diplomatic property, and general economic loss. A final chapter examines the lessons that might be learned from the experience of the Claims Commission, especially with an eye to the establishment of such commissions in the future. The volume includes a preface from James Crawford and also reproduces all the key documents relating to the Commission: the bilateral agreement establishing the Commission; its rules of procedure; and its numerous decisions and arbitral awards. The analytical portion of the volume contains extensive cross-references to these primary documents. Further, a comprehensive table of contents and indexes relating to subject matter, treaties, and cases provide ready access to all the material contained within.
Author | : Frederick Whitmer |
Publisher | : West Group |
Total Pages | : 481 |
Release | : 2007-01-01 |
Genre | : Law |
ISBN | : 9780314977168 |
Download Litigation is War Book in PDF, ePub and Kindle
Author | : |
Publisher | : DIANE Publishing |
Total Pages | : 21 |
Release | : |
Genre | : |
ISBN | : 1437988644 |
Download War Powers Litigation Initiated by Members of Congress Since the Enactment of the War Powers Resolution Book in PDF, ePub and Kindle
Author | : James E. Pfander |
Publisher | : Oxford University Press |
Total Pages | : 281 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0190495286 |
Download Constitutional Torts and the War on Terror Book in PDF, ePub and Kindle
Government accountability in the nineteenth century -- Bivens and government accountability in the twentieth century -- Human rights and War on Terror litigation -- Evaluating the effectiveness of Bivens litigation -- Evaluating justifications for judicial silence -- Congressional ratification of the bivens action -- Applying Bivens to conduct outside of the United States -- Overcoming qualified immunity -- Common-law solutions to judge-made problems.
Author | : Gregory Burnep |
Publisher | : University Press of Kansas |
Total Pages | : 256 |
Release | : |
Genre | : Political Science |
ISBN | : 0700630473 |
Download Courts at War Book in PDF, ePub and Kindle
On June 28, 2004, the US Supreme Court broke with a long-standing tradition of deference to the executive in wartime national security cases and became an important actor in an armed conflict. By declining to rubber-stamp the executive branch’s actions, the judiciary would henceforth play a major role in shaping national security policies in the war on terror. After the September 11, 2001, terrorist attacks, lawyers, lawsuits, and court decisions have repeatedly altered the landscape in the policy areas of detention and military commissions. In Courts at War Gregory Burnep explores how, after 9/11, lawyers and judges became deeply involved in an armed conflict, with important consequences for presidential authority, the separation of powers, and the treatment of individuals suspected of posing a threat to the United States. Courts at War goes beyond the post-9/11 armed conflict. It analyzes the changes in the position of courts vis-à-vis the other branches of government (courts in conflict with the executive, the legislature, or both)—even courts in conflict with other courts. The consequences included increased checks on presidential authority and greater levels of due process for suspected belligerents held in US custody. But Burnep also shows that there are unintended consequences that accompany these developments. Burnep innovatively applies an interbranch perspective to persuasively argue that litigation and judicial involvement have important implications for changing patterns of policy development in a wide range of national security policy areas, including surveillance, interrogation, targeted killings, and President Trump’s travel ban.
Author | : Samuel Moyn |
Publisher | : Farrar, Straus and Giroux |
Total Pages | : 242 |
Release | : 2021-09-07 |
Genre | : Political Science |
ISBN | : 0374719926 |
Download Humane Book in PDF, ePub and Kindle
"[A] brilliant new book . . . Humane provides a powerful intellectual history of the American way of war. It is a bold departure from decades of historiography dominated by interventionist bromides." —Jackson Lears, The New York Review of Books A prominent historian exposes the dark side of making war more humane In the years since 9/11, we have entered an age of endless war. With little debate or discussion, the United States carries out military operations around the globe. It hardly matters who’s president or whether liberals or conservatives operate the levers of power. The United States exercises dominion everywhere. In Humane: How the United States Abandoned Peace and Reinvented War, Samuel Moyn asks a troubling but urgent question: What if efforts to make war more ethical—to ban torture and limit civilian casualties—have only shored up the military enterprise and made it sturdier? To advance this case, Moyn looks back at a century and a half of passionate arguments about the ethics of using force. In the nineteenth century, the founders of the Red Cross struggled mightily to make war less lethal even as they acknowledged its inevitability. Leo Tolstoy prominently opposed their efforts, reasoning that war needed to be abolished, not reformed—and over the subsequent century, a popular movement to abolish war flourished on both sides of the Atlantic. Eventually, however, reformers shifted their attention from opposing the crime of war to opposing war crimes, with fateful consequences. The ramifications of this shift became apparent in the post-9/11 era. By that time, the US military had embraced the agenda of humane war, driven both by the availability of precision weaponry and the need to protect its image. The battle shifted from the streets to the courtroom, where the tactics of the war on terror were litigated but its foundational assumptions went without serious challenge. These trends only accelerated during the Obama and Trump presidencies. Even as the two administrations spoke of American power and morality in radically different tones, they ushered in the second decade of the “forever” war. Humane is the story of how America went off to fight and never came back, and how armed combat was transformed from an imperfect tool for resolving disputes into an integral component of the modern condition. As American wars have become more humane, they have also become endless. This provocative book argues that this development might not represent progress at all.
Author | : Damon Root |
Publisher | : Macmillan + ORM |
Total Pages | : 278 |
Release | : 2014-11-04 |
Genre | : Political Science |
ISBN | : 1137474688 |
Download Overruled Book in PDF, ePub and Kindle
From Damon Root, a senior editor of Reason magazine, Overruled: The Long War for Control of the U.S. Supreme Court is “the most thorough account of the libertarian-conservative debate over judicial review...a valuable guide to both the past and the potential future of these important issues” (The Washington Post). Should the Supreme Court defer to the will of the majority and uphold most democratically enacted laws? Or does the Constitution empower the Supreme Court to protect a broad range of individual rights from the reach of lawmakers? In this timely and provocative book, Damon Root traces the long war over judicial activism and judicial restraint from its beginnings in the bloody age of slavery, the Civil War, and Reconstruction to its central role in today’s blockbuster legal battles over gay rights, gun control, and health care reform. It’s a conflict that cuts across the political spectrum in surprising ways and makes for some unusual bedfellows. Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. But many libertarians have no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike down any state or federal law that infringes on their bold constitutional agenda of personal and economic freedom. Overruled is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system.
Author | : David M. Ackerman |
Publisher | : |
Total Pages | : 9 |
Release | : 1999 |
Genre | : Separation of powers |
ISBN | : |
Download War Powers Litigation Since the Enactment of the War Powers Resolution Book in PDF, ePub and Kindle
Author | : David M. Ackerman |
Publisher | : |
Total Pages | : 18 |
Release | : 2003 |
Genre | : Separation of powers |
ISBN | : |
Download War Powers Litigation Initiated by Members of Congress Since the Enactment of the War Powers Resolution Book in PDF, ePub and Kindle
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
Download Model Rules of Professional Conduct Book in PDF, ePub and Kindle
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.