United States of America V. Kagan
Author | : |
Publisher | : |
Total Pages | : 44 |
Release | : 1984 |
Genre | : |
ISBN | : |
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Author | : |
Publisher | : |
Total Pages | : 44 |
Release | : 1984 |
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ISBN | : |
Author | : Robert A. KAGAN |
Publisher | : Harvard University Press |
Total Pages | : 353 |
Release | : 2009-06-30 |
Genre | : Law |
ISBN | : 0674039270 |
Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.
Author | : Stephen Breyer |
Publisher | : Melville House |
Total Pages | : 225 |
Release | : 2022-09-06 |
Genre | : Law |
ISBN | : 1685890512 |
The full text of one of the most radical and controversial Supreme Court decisions in American history, highlighting the galvanizing dissent by Justices Breyer, Sotomayor, and Kagan ... Dobbs v Jackson, the landmark decision to overthrow the rights first granted to women in the Roe v Wade decision fifty years ago, is the first U.S. Supreme Court decision in American history to actually take away from citizens a Constitutionally-protected right. As such it may be the most consequential Court ruling ever. Compounding matters, the decision opened the door to the overthrow of still further rights — such as same-sex marriage, for example, or equal rights for trans people. Nowhere is the danger of this decision made more clear than in the sobering yet electrifying dissent filed by Justices Breyer, Sotomayor, and Kagan. That dissent is highlighted in this edition, which includes the entire decision, to let readers decide for themselves, but forefronts the stirring and eloquently reasoned dissent. That eloquence will surely inspire, inform, and fuel the increasingly impassioned debate during the tumultuous campaign season of the upcoming mid-term elections — and beyond.
Author | : Robert Kagan |
Publisher | : Vintage |
Total Pages | : 192 |
Release | : 2018-09-18 |
Genre | : History |
ISBN | : 0525521666 |
"An incisive, elegantly written, new book about America’s unique role in the world." --Tom Friedman, The New York Times A brilliant and visionary argument for America's role as an enforcer of peace and order throughout the world--and what is likely to happen if we withdraw and focus our attention inward. Recent years have brought deeply disturbing developments around the globe. American sentiment seems to be leaning increasingly toward withdrawal in the face of such disarray. In this powerful, urgent essay, Robert Kagan elucidates the reasons why American withdrawal would be the worst possible response, based as it is on a fundamental and dangerous misreading of the world. Like a jungle that keeps growing back after being cut down, the world has always been full of dangerous actors who, left unchecked, possess the desire and ability to make things worse. Kagan makes clear how the "realist" impulse to recognize our limitations and focus on our failures misunderstands the essential role America has played for decades in keeping the world's worst instability in check. A true realism, he argues, is based on the understanding that the historical norm has always been toward chaos--that the jungle will grow back, if we let it.
Author | : Anthony Lewis |
Publisher | : Vintage |
Total Pages | : 368 |
Release | : 2011-04-20 |
Genre | : Political Science |
ISBN | : 0307787826 |
A crucial and compelling account of New York Times Co. v. Sullivan, the landmark Supreme Court case that redefined libel, from the Pulitzer Prize–winning legal journalist Anthony Lewis. The First Amendment puts it this way: "Congress shall make no law...abridging the freedom of speech, or of the press." Yet, in 1960, a city official in Montgomery, Alabama, sued The New York Times for libel—and was awarded $500,000 by a local jury—because the paper had published an ad critical of Montgomery's brutal response to civil rights protests. The centuries of legal precedent behind the Sullivan case and the U.S. Supreme Court's historic reversal of the original verdict are expertly chronicled in this gripping and wonderfully readable book by the Pulitzer Prize Pulitzer Prize–winning legal journalist Anthony Lewis. It is our best account yet of a case that redefined what newspapers—and ordinary citizens—can print or say.
Author | : Robert Kagan |
Publisher | : Vintage |
Total Pages | : 178 |
Release | : 2007-12-18 |
Genre | : Political Science |
ISBN | : 0307427099 |
From Robert Kagan, a leading scholar of American foreign policy, comes an insightful analysis of the state of European and American foreign relations. At a time when relations between the United States and Europe are at their lowest ebb since World War II, this brief but cogent book is essential reading. Kagan forces both sides to see themselves through the eyes of the other. Europe, he argues, has moved beyond power into a self-contained world of laws, rules, and negotiation, while America operates in a “Hobbesian” world where rules and laws are unreliable and military force is often necessary. Tracing how this state of affairs came into being over the past fifty years and fearlessly exploring its ramifications for the future, Kagan reveals the shape of the new transatlantic relationship. The result is a book that promises to be as enduringly influential as Samuel Huntington’s The Clash of Civilizations and the Remaking of World Order.
Author | : Robert Kagan |
Publisher | : Vintage |
Total Pages | : 161 |
Release | : 2013-01-29 |
Genre | : Political Science |
ISBN | : 0345802713 |
Robert Kagan, the New York Times bestselling author of Of Paradise and Power and one of the country’s most influential strategic thinkers, reaffirms the importance of United States’s global leadership in this timely and important book. Upon its initial publication, The World America Made became one of the most talked about political books of the year, influencing Barack Obama’s 2012 State of the Union address and shaping the thought of both the Obama and Romney presidential campaigns. In these incisive and engaging pages, Kagan responds to those who anticipate—or even long for—a post-American world order by showing what a decline in America’s influence would truly mean for the United States and the rest of the world, as the vital institutions, economies, and ideals currently supported by American power wane or disappear. As Kagan notes, it has happened before: one need only to consider the consequences of the breakdown of the Roman Empire and the collapse of the European order in World War I. This book is a powerful warning that America need not and dare not decline by committing preemptive superpower suicide.
Author | : R. Daniel Kelemen |
Publisher | : Harvard University Press |
Total Pages | : 379 |
Release | : 2011-04-01 |
Genre | : Political Science |
ISBN | : 0674265025 |
Despite western Europe's traditional disdain for the United States' "adversarial legalism," the European Union is shifting toward a very similar approach to the law, according to Daniel Kelemen. Coining the term "eurolegalism" to describe the hybrid that is now developing in Europe, he shows how the political and organizational realities of the EU make this shift inevitable. The model of regulatory law that had long predominated in western Europe was more informal and cooperative than its American counterpart. It relied less on lawyers, courts, and private enforcement, and more on opaque networks of bureaucrats and other interests that developed and implemented regulatory policies in concert. European regulators chose flexible, informal means of achieving their objectives, and counted on the courts to challenge their decisions only rarely. Regulation through litigation-central to the U.S. model-was largely absent in Europe. But that changed with the advent of the European Union. Kelemen argues that the EU's fragmented institutional structure and the priority it has put on market integration have generated political incentives and functional pressures that have moved EU policymakers to enact detailed, transparent, judicially enforceable rules-often framed as "rights"-and back them with public enforcement litigation as well as enhanced opportunities for private litigation by individuals, interest groups, and firms.
Author | : Richard A. Posner |
Publisher | : Harvard University Press |
Total Pages | : 399 |
Release | : 2010-05-01 |
Genre | : Law |
ISBN | : 0674033833 |
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Author | : Stephen Breyer |
Publisher | : Harvard University Press |
Total Pages | : 113 |
Release | : 2021-09-14 |
Genre | : Law |
ISBN | : 0674269365 |
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.