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 | : 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 | : 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.
| 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 | : Thomas F. Burke |
| Publisher | : Univ of California Press |
| Total Pages | : 279 |
| Release | : 2002 |
| Genre | : Law |
| ISBN | : 0520243234 |
Download Lawyers, Lawsuits, and Legal Rights Book in PDF, ePub and Kindle
"Burke drills deep into America's unique culture of litigation and is rewarded with a powerful insight: it is not the public or even lawyers that are so darn litigious, but American law itself. This meticulous, dispassionate book stands not only to advance the debate but—I hope—to reshape it."—Jonathan Rauch, author of Government's End: Why Washington Stopped Working "Lawyers, Lawsuits, and Legal Rights is a fascinating study of the American penchant for public policies that rely on lawsuits to get things done. Burke's analysis is insightful and original. This book compellingly shows that litigious policies have deep roots in our Constitution, culture, and politics."—Charles Epp, author of The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective "Burke's authoritative book demonstrates that the highly litigious American system is not an isolated anomaly but in fact fits in with deeply-rooted elements of American political culture. Where citizens of other countries rely on expert or bureaucratic judgment to resolve disputes, Americans turn to the courts. Equally novel and compelling, Lawyers, Lawsuits, and Legal Rights marshals an impressive set of evidence and delivers a refreshingly well-written look at the state of American litigation."—Frank R. Baumgartner, co-author of Agendas and Instability in American Politics
| 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 | : Adam Winkler |
| Publisher | : W. W. Norton & Company |
| Total Pages | : 376 |
| Release | : 2011-09-19 |
| Genre | : History |
| ISBN | : 0393082296 |
Download Gunfight: The Battle over the Right to Bear Arms in America Book in PDF, ePub and Kindle
A provocative history that reveals how guns—not abortion, race, or religion—are at the heart of America's cultural divide. Gunfight is a timely work examining America’s four-centuries-long political battle over gun control and the right to bear arms. In this definitive and provocative history, Adam Winkler reveals how guns—not abortion, race, or religion—are at the heart of America’s cultural divide. Using the landmark 2008 case District of Columbia v. Heller—which invalidated a law banning handguns in the nation’s capital—as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation.
| 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 | : Wiliam R Davis |
| Publisher | : Line Drive Publications |
| Total Pages | : 306 |
| Release | : 2014-04-04 |
| Genre | : |
| ISBN | : 9780578115122 |
Download Winning the Litigation Money War Book in PDF, ePub and Kindle
Settlement decisions are the most important decisions in civil litigation. Deciding whether to settle or litigate a case is the pivotal bet in any lawsuit and there is compelling evidence that the decision is not being made properly in many, if not most, instances. Current approaches to making such an important decision are woefully imprecise, even misleading. As a result, settlement decisions are frequently incorrect, with settlement typically occurring late in the litigation. And both plaintiffs and defendants pay the price. Winning the Litigation Money War describes a powerful new quantitative methodology for making settlement decisions and other key financial and strategic decisions in civil litigation. In spite of its power and precision, the methodology is easy to use, even for the layperson. A unique spreadsheet program, available at the website, litigateorsettle.com, makes using the methodology effortless. By showing both plaintiffs and defendants how to optimize their financial outcome in civil litigation and win the money war, not just win the case, the book is an indispensable survival guide for litigants. It will empower clients and help their attorneys to better serve them. The author, William R. Davis, was co-owner and president of a highly successful manufacturing company that was involved in fifteen years of non-stop litigation. That experience, along with his graduate degrees in mathematics and business administration, led him to develop the methodology and write the book. As a result, the book uniquely combines theoretical rigor with real world, hard knocks litigation experience. Several case studies demonstrate the use of the methodology. Written from the perspective of a client who worked closely with no less than eight different law firms on a wide variety of cases, the book also includes colorful narrative of lessons learned.
