Nation S Supreme Court Of Justice
DOWNLOAD
Download Nation S Supreme Court Of Justice PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Nation S Supreme Court Of Justice book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The World Court In Action
DOWNLOAD
Author : Howard N. Meyer
language : en
Publisher: Rowman & Littlefield
Release Date : 2002
The World Court In Action written by Howard N. Meyer and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
Traces the World Court from the Hague Conference of 1899 and shows its development through World War I, the League of Nations, World War II, and the cold war up to the contemporary challenges of East Timor and Kosovo. Also distinguishes between the nation-state oriented work of the World Court nad the work of the International Criminal Court which was proposed in 1998 to prosecute individual war criminals like Milosevic and others coming out the the conflicts of the former Yugoslavia and Rwanda. Discusses the common problem that World Court and the ICC have: resistance in Washington to the international rule of law, especially when it comes to authority surrounding the use of force.
The Law Of Nations And The United States Constitution
DOWNLOAD
Author : Anthony J. Bellia Jr.
language : en
Publisher: Oxford University Press
Release Date : 2017-03-10
The Law Of Nations And The United States Constitution written by Anthony J. Bellia Jr. and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-10 with Law categories.
The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.
Restoring The Global Judiciary
DOWNLOAD
Author : Martin S. Flaherty
language : en
Publisher: Princeton University Press
Release Date : 2022-05-17
Restoring The Global Judiciary written by Martin S. Flaherty and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-17 with Political Science categories.
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.
The Supreme Court Of The United States
DOWNLOAD
Author : Westel Woodbury Willoughby
language : en
Publisher:
Release Date : 1890
The Supreme Court Of The United States written by Westel Woodbury Willoughby and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1890 with Constitutional history categories.
Narrowing The Nation S Power
DOWNLOAD
Author : John T. Noonan
language : en
Publisher: Univ of California Press
Release Date : 2002
Narrowing The Nation S Power written by John T. Noonan and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with History categories.
Original publication and copyright date: 2002.
Law Above Nations
DOWNLOAD
Author : Mary L. Volcansek
language : en
Publisher:
Release Date : 1997
Law Above Nations written by Mary L. Volcansek and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
"A unique effort to pull together and analyze disparate supranational judicial and quasi-judicial institutions that have evolved in the aftermath of World War II. . . . The discussion of supranational judicial activities in regard to terrorism and sex discrimination in their relation to human rights is particularly important."--Walter O. Weyrauch, University of Florida, College of Law In this first book to examine the four so-called supranational courts, authors compare the legitimacy, effectiveness, and political impact of the courts of the European Union, European Council on Human Rights, Organization of American States, and World Trade Organization. Though the ranges of jurisdiction, political clout, and potential for influence of these courts are varied, the authors argue that comparisons are instructive because each of the newer supranational judicial bodies was consciously patterned on its predecessors. Ultimately, as these contributors demonstrate, the construction of courts to apply and resolve "law above nations" may well be the trend for future international conflict resolution. CONTENTS 1. Supranational Courts in a Political Context, by Mary L. Volcansek 2. Early State Reaction to the European Court of Justice (1958-1994) and the U.S. Supreme Court (1789-1860), by Leslie Friedman Goldstein 3. British Courts and the European Court of Justice: Constitutional Politics and Constitutional Change, by John C. Blakeman 4. Prevention of Terrorism: Security, Discretionary Power, and Transnational Rights, by Donald W. Jackson 5. Women's Concerns in the European Commission and Court on Human Rights, by Doris Marie Provine 6. Human Rights in the Inter-American System: The Struggle for Emerging Legitimacy? by John F. Stack, Jr. 7. The New GATT: Dispute Resolution and Judicialization of the Trade Regime, by Alec Stone Sweet Mary L. Volcansek is professor of political science at Florida International University. She is the author of Judicial Impeachment: None Called for Justice (1993) and coauthor of Judicial Misconduct: A Cross-National Comparison (UPF, 1996).
The Supreme Court In A Separation Of Powers System
DOWNLOAD
Author : Richard Pacelle
language : en
Publisher: Routledge
Release Date : 2015-01-09
The Supreme Court In A Separation Of Powers System written by Richard Pacelle and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-09 with Law categories.
The U.S. Supreme Court is not a unitary actor and it does not function in a vacuum. It is part of an integrated political system in which its decisions and doctrine must be viewed in a broader context. In some areas, the Court is the lead policy maker. In other areas, the Court fills in the gaps of policy created in the legislative and executive branches. In either instance, the Supreme Court’s work is influenced by and in turn influences all three branches of the federal government as well as the interests and opinions of the American people. Pacelle analyzes the Court’s interaction in the separation of powers system, detailing its relationship to the presidency, Congress, the bureaucracy, public opinion, interest groups, and the vast system of lower courts. The niche the Court occupies and the role it plays in American government reflect aspects of both the legal and political models. The Court has legal duties and obligations as well as some freedom to exercise its collective political will. Too often those studying the Court have examined it in isolation, but this book urges scholars and students alike to think more broadly and situate the highest court as the "balance wheel" in the American system.
National Courts And The International Rule Of Law
DOWNLOAD
Author : Andre Nollkaemper
language : en
Publisher: Oxford University Press
Release Date : 2011-02-24
National Courts And The International Rule Of Law written by Andre Nollkaemper and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-24 with Law categories.
Introduction 1: Conditions Jurisdiction Validity of International Law Standing Independence 2: Techniques Direct Application Interpretation Review of Administrative Discretion Procedural Law 3: Remedies Prevention or Determination of International Wrongs? Determination of International Wrongs Key Features of the Implementation of International Responsibility Remedies 4: Dilemmas Finality Legitimacy Effectiveness Fragmentation.
The Making Of A Supreme Court Justice The Reclamation Of America S Constitutional System Of Checks And Balances
DOWNLOAD
Author : Hal Moroz
language : en
Publisher: Independently Published
Release Date : 2019-01-23
The Making Of A Supreme Court Justice The Reclamation Of America S Constitutional System Of Checks And Balances written by Hal Moroz and has been published by Independently Published this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-23 with Law categories.
We no longer have a Constitutional system of checks and balances. Darkness has descended upon the Judiciary, starting in the United States Supreme Court and cascading down to our state courts, affecting even my beloved Georgia Supreme Court, where I have practiced the law with regularity. Our modern Judiciary has strayed from the narrowly defined role given it by the Framers, and has set out on a new progressive course, piloted by activist judges and justices, to divine laws that are anathema to the Constitution. It is a usurpation of the charter established by our Founding Fathers, and an affront to the God-given rights enumerated in our Constitution. In the words of the late, great Justice Antonin Scalia in his 2015 Obergefell dissent, "This is a naked judicial claim to legislative-indeed, super-legislative-power; a claim fundamentally at odds with our system of government...A system of government that makes the People subordinate." We the People must ensure that all who would serve in the Judiciary strictly interpret the Constitution, and not substitute their will for the Law. Our future generations will reap the rewards or suffer the consequences of the choices we now make. Let us decide well, having the knowledge and the wisdom to choose wisely. This is what "The Making of a Supreme Court Justice" is all about.
Justice Deferred
DOWNLOAD
Author : Orville Vernon Burton
language : en
Publisher: Harvard University Press
Release Date : 2021-05-04
Justice Deferred written by Orville Vernon Burton and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-04 with Law categories.
In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.
