Constitutional Torts and the War on Terror


Author: James E. Pfander
Publisher: Oxford University Press
ISBN: 0190495286
Category:
Page: 288
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Constitutional Torts and the War on Terror examines the judicial response to human rights claims arising from the Bush Administration's war on terror. Despite widespread agreement that the Administration's program of extraordinary rendition, prolonged detention, and "enhanced" interrogation was torture by another name, not a single federal appellate court has confirmed an award of damages to the program's victims. The silence of the federal courts leaves victims without redress and the constitutional limits on government action undefined. Many of the suits seeking redress have been based on the landmark 1971 Supreme Court decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. This book traces the history of common law accountability, the rise of Bivens claims, and the post-Bivens history of constitutional tort litigation. After evaluating the failure of Bivens litigation arising from the war on terror, the book considers and rejects the arguments that have been put forward to explain and justify judicial silence. The book provides the Supreme Court with the tools needed to rethink its Bivens jurisprudence. Rather than treating the overseas national security context as disabling, modern federal courts should take a page from the nineteenth century, presume the viability of tort litigation, and proceed to the merits. Only by doing so can the federal courts ensure redress for victims and prevent future Administrations from using torture as an instrument of official policy.

Concepts of Law

Comparative, Jurisprudential, and Social Science Perspectives
Author: Dr Lukas Heckendorn Urscheler,Dr Seán Patrick Donlan
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472401549
Category: Law
Page: 270
View: 3489

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Debates surrounding the concept of law are not new. For a wide variety of reasons and in a wide variety of ways, the meaning of 'law' has long been an important part of Western thought, both within legal scholarship and beyond. The contributors to Concepts of Law are international experts from the fields of comparative law, legal philosophy, and the social sciences. Combining theoretical analyses with case studies, they explore various legal concepts and contexts from diverse national and disciplinary perspectives. Legal and normative pluralism is a theme throughout. Some chapters discuss the development of state law and legal systems. Others wrestle with law’s rhetoric and the potential utility of alternative vocabularies, e.g., 'governance' and ‘governmentality’. Others reveal the rich polyjurality of the present, from the local to the global. The result is a rich picture of both present scholarship on laws and norms and the state of contemporary legal complexity, each crossing traditional boundaries.

The Counterinsurgent's Constitution

Law in the Age of Small Wars
Author: Ganesh Sitaraman
Publisher: Oxford University Press
ISBN: 0199986908
Category: Law
Page: 352
View: 8490

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Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.

Rules of Law and Laws of Ruling

On the Governance of Law
Author: Prof Dr Julia Eckert,Professor Franz von Benda-Beckmann,Professor Keebet von Benda-Beckmann
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409496554
Category: Law
Page: 302
View: 9772

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Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.

Taming Globalization

International Law, the U.S. Constitution, and the New World Order
Author: Julian Ku,John Yoo
Publisher: Oxford University Press
ISBN: 0199837422
Category: LAW
Page: 272
View: 8375

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As the nations of the world become more interconnected and less isolated every day, the U.S. legal system has struggled to take advantage of globalization's benefits while protecting the country's sovereignty. In Taming Globalization, Julian Ku and John Yoo offer a bold new look at this growing problem, arguing that the political branches and not the courts should be implementing and enforcing international law in the U.S. This reconciliation of globalization and the U.S. Constitution will influence debates now raging in courtrooms, the halls of Congress, and the public arena.

Right Angle

One Woman’s Journey to Reclaim the Constitution
Author: Sharron Angle
Publisher: AuthorHouse
ISBN: 1456754289
Category: Political Science
Page: 256
View: 5577

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In 2009, Republican Nevada state legislator Sharron Angle declared her candidacy against Democrat United States Senate Majority Leader Harry Reid - one of the most powerful men in the nation. Thus began a whirlwind year that would take Angle, a former teacher and housewife, from relative obscurity to becoming a leading voice in the surging TEA Party movement. Reid and the political establishment spent millions of dollars telling voters about their version of “Sharron Angle.” In Right Angle, you’ll meet the real Sharron Angle...in her own words. You’ll meet the concerned mother who ran for the local school board to help change homeschooling laws. You’ll follow Sharron during her run against her own party’s big government establishment to win a seat in the Nevada Legislature and throughout her subsequent ?ghts to preserve the Constitution.

Unchecked And Unbalanced

Presidential Power in a Time of Terror
Author: Schwarz O.,Aziz Huq
Publisher: The New Press
ISBN: 1595587454
Category: Political Science
Page: 288
View: 8062

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Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government. Through a constellation of non-public laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power’s limits. Decisions are routinely executed at senior levels within the civilian administration without input from Congress or the federal courts, let alone our international allies. Secret NSA spying at home is the most recent of these. Harsh treatment of detainees, “extraordinary renditions,” secret foreign prisons, and the newly minted enemy combatant designation have also undermined our values. The resulting policies have harmed counterterrorism efforts and produced few tangible results. With a partisan Congress predictably reluctant to censure a politically aligned president, it is all the more important for citizens themselves to demand disclosure, oversight, and restraint of sweeping claims of executive power. This book is the first step.

Kafka Comes to America

Fighting for Justice in the War on Terror
Author: Steven T. Wax
Publisher: Other Press, LLC
ISBN: 1590512952
Category: Law
Page: 380
View: 5280

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Argues that civil liberties have eroded since the September 11 terrorist attacks and presents case studies of two men who were casualties of post-9/11 counterterrorism measures.

Law 101

Everything You Need to Know About American Law
Author: Jay M. Feinman
Publisher: Oxford University Press
ISBN: 0199750696
Category: Law
Page: 384
View: 1211

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The first two editions of the best-selling Law 101 provided readers with a vividly written and indispensable portrait of our nation's legal system. Now, in this third edition, Jay M. Feinman offers a fully updated survey of American law that incorporates fresh material on 2009 Supreme Court cases, the legal response to the war on terror (including the Guantanamo detainees and electronic surveillance), and to the latest developments in Internet law. In a book brimming with legal puzzles, interesting anecdotes, and thought-provoking questions, Jay M. Feinman's clear introduction to the law provides us with a solid understanding of the American legal tradition and covers the main subjects taught in the first year of law school. Readers are introduced to every aspect of the legal system, from constitutional law and the litigation process to tort law, contract law, property law, and criminal law. Feinman illuminates each discussion with many intriguing, outrageous, and infamous cases, from the scalding coffee case that cost McDonald's half a million dollars, to the sensational murder trial in Victorian London that led to the legal definition of insanity, to the epochal decision in Marbury v. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. He broadens the reader's legal vocabulary, clarifying the meaning of everything from "due process" and "equal protection" in constitutional law to the distinction between "murder" and "manslaughter" in criminal law. Perhaps most important, we learn that though the law is voluminous and complex, it is accessible to all. Everyone who wants a better grasp of current legal issues--from students contemplating law school, to journalists covering the legislature or the courts, to fans of Court TV--will find here a wonderful source of information: a complete, clear, and colorful map of the American legal system.

Review of Department of Defense detention and interrogation policy and operations in the Global War on Terrorism

hearings before the Committee on Armed Services and Subcommittee on Personnel of the Committee on Armed Services, United States Senate, One Hundred Ninth Congress, first session, March 10, July 13, 14, 2005
Author: United States. Congress. Senate. Committee on Armed Services,United States. Congress. Senate. Committee on Armed Services. Subcommittee on Personnel
Publisher: Government Printing Office
ISBN: N.A
Category: History
Page: 264
View: 9085

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Justice at War

Civil Liberties and Civil Rights During Times of Crisis
Author: Richard Delgado
Publisher: NYU Press
ISBN: 0814744052
Category: Law
Page: 219
View: 1630

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The status of civil rights in the United States today is as volatile an issue as ever, with many Americans wondering if new laws, implemented after the events of September 11, restrict more people than they protect. How will efforts to eradicate racism, sexism, and xenophobia be affected by the measures our government takes in the name of protecting its citizens? Richard Delgado, one of the founding figures in the Critical Race Theory movement, addresses these problems with his latest book in the award-winning Rodrigo Chronicles. Employing the narrative device he and other Critical Race theorists made famous, Delgado assembles a cast of characters to discuss such urgent and timely topics as race, terrorism, hate speech, interracial relationships, freedom of speech, and new theories on civil rights stemming from the most recent war. In the course of this new narrative, Delgado provides analytical breakthroughs, offering new civil rights theories, new approaches to interracial romance and solidarity, and a fresh analysis of how whiteness and white privilege figure into the debate on affirmative action. The characters also discuss the black/white binary paradigm of race and show why it persists even at a time when the country's population is rapidly diversifying.

Cato Handbook on Policy


Author: Cato Institute,David Boaz
Publisher: Cato Institute
ISBN: 9781930865686
Category: Political Science
Page: 702
View: 4479

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Details how legislators can return the federal goverment to the size and scope envisioned by the Founding Fathers.

Niles' Weekly Register


Author: N.A
Publisher: N.A
ISBN: N.A
Category:
Page: N.A
View: 4896

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Containing political, historical, geographical, scientifical, statistical, economical, and biographical documents, essays and facts: together with notices of the arts and manu factures, and a record of the events of the times.

Termination of employment

employer and employee rights
Author: Kenneth J. McCulloch,James O. Castagnera
Publisher: N.A
ISBN: N.A
Category: Law
Page: N.A
View: 4535

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Kinn's The Medical Assistant - E-Book

An Applied Learning Approach
Author: Deborah B. Proctor,Alexandra Patricia Adams
Publisher: Elsevier Health Sciences
ISBN: 0323187811
Category: Medical
Page: 1392
View: 5796

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Prepare for a successful career in medical assisting! Kinn’s The Medical Assistant, 12th Edition helps you learn the real-world administrative and clinical skills essential to working in the health care setting. Administrative coverage ranges from professionalism and interpersonal skills to billing and coding and electronic health records; clinical content teaches how to assist with medications, diagnostic procedures, and surgeries. And no other comprehensive medical assisting text can match its coverage of assisting with medical specialties! Written by medical assisting experts Alexandra Adams and Deborah Proctor, this classic resource also includes an Evolve companion website with practical exercises and activities, videos, and review questions for the CMA and RMA certification exams. More chapters on assisting with medical specialties than any other Medical Assisting text prepare you to assist in specialty exams and make you better qualified to work in specialty fields like cardiology, dermatology, ophthalmology, gynecology, and neurology. Step-by-step, illustrated procedures make it easier to learn and understand medical assisting skills, and include rationales for each step. Threaded case scenarios help you develop critical thinking skills and apply concepts to realistic administrative and clinical situations. Patient education and legal and ethical issues are described in relation to the Medical Assistant's job. A Portfolio Builder on the Evolve website helps you demonstrate proficiency to potential employers. Detailed learning objectives and vocabulary with definitions in each chapter help you study more effectively, with connections icons linking concepts in the text to exercises in the study guide and on the Evolve companion website. Study Guide includes a variety of exercises to test your knowledge and critical thinking skills, case scenarios from the book, and a Procedure Checklists Manual. Sold separately. NEW! Charting examples within the procedures are highlighted for easier learning. UPDATED coverage of the Electronic Health Record ensures that you are familiar with the technology you'll use on the job. UPDATED content on alternative therapies and treatment includes the latest herbal remedies such as red rice yeast for lowering cholesterol, St. John’s Wort for depression, and probiotic bacteria for GI maladies.

Kesselrings letzte Schlacht.

Kriegsverbrecherprozesse, Vergangenheitspolitik und Wiederbewaffnung: Der Fall Kesselring.
Author: Kerstin von Lingen
Publisher: Verlag Ferd.Sch├╢ningh GmbH & Co KG
ISBN: N.A
Category: War criminals
Page: 392
View: 6167

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U.S. Military Operations

Law, Policy, and Practice
Author: Shane R. Reeve
Publisher: Oxford University Press
ISBN: 0190456639
Category: Military law
Page: 880
View: 8149

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In U.S. Military Operations: Law, Policy, and Practice, a distinguished group of military experts comprehensively analyze how the law is applied during military operations on and off the battlefield. Subject matter experts offer a unique insiders perspective on how the law is actually implemented in a wide swath of military activities, such as how the law of war applies in the context of multi-state coalition forces, and whether non-governmental organizations involved in quasi-military operations are subject to the same law. The book goes on to consider whether U.S. Constitutional 4th Amendment protections apply to the military's cyber-defense measures, how the law guides targeting decisions, and whether United Nations mandates constitute binding rules of international humanitarian law. Other areas of focus include how the United States interacts with the International Committee of the Red Cross regarding its international legal obligations, and how courts should approach civil claims based on war-related torts. This book also answers questions regarding how the law of armed conflict applies to such extra-conflict acts as intercepting pirates and providing humanitarian relief to civilians in occupied territory.

Foreign Relations Law

Cases and Materials
Author: Curtis A. Bradley,Jack L. Goldsmith
Publisher: Wolters Kluwer Law & Business
ISBN: 1454846658
Category: Law
Page: 912
View: 458

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A leading casebook in foreign relations, this title examines the constitutional and statutory law that regulates the conduct of contemporary U.S. foreign relations. It offers a compelling mix of case and non-case materials with a focus on U.S. affairs abroad and international cases in which the U.S. exercises jurisdiction. Features: Reorganizes the material into three thematic parts, concerning the government institutions that interact with foreign relations law, the role of international law in the U.S. legal system, and the legal issues associated with international crime, war, and terrorism. Explores the implications of the Supreme Court's restriction of human rights litigation under the Alien Tort Statute in Kiobel v. Royal Dutch Petroleum. Contains updated materials on the war on terrorism, including materials relating to targeted killing, electronic surveillance, and the use of military commissions. Takes account of recent lower court decisions, such as the Third Circuit's decision in United States v. Bond (concerning the scope of the treaty power), and the Fourth Circuit's decision in Yousuf v. Samantar (concerning foreign official immunity and deference to the Executive Branch). Considers the domestic and international law issues associated with U.S. efforts to combat piracy and try pirates in U.S. courts. Excerpts and analyzes the Supreme Court's latest decision concerning the political question doctrine Zivotofsky v. Clinton