- Table View
- List View
The United States and the Genocide Convention
by Lawrence J. LeblancIn this definitive study, Lawrence J. LeBlanc examines the nearly forty-year struggle over ratification of the Genocide Convention by the United States. LeBlanc's analysis of the history of the convention and the issues and problems surrounding its ratification sheds important light on the process of treaty ratification in the United States and on the role of American public opinion and political culture in international human rights legislation. Drawing on case studies of genocide committed since World War II, the author also confronts the strengths and weaknesses of international adjudication as a whole.Adopted by the United Nations General Assembly in 1948 in response to the atrocities committed by the Nazis before and during World War II, the Genocide Convention was finally made law by the United States Senate in 1988 contingent upon a series of "conditions"--known as the "Lugar-Helms-Hatch Sovereignty Package"--which, LeBlanc suggests, markedly weakened the convention. Through careful analysis of the bitter debates over ratification, LeBlanc demonstrates that much of the opposition to the convention sprang from fears that it would be used domestically as a tool by groups such as blacks and Native Americans who might hold the U.S. accountable for genocide in matters of race relations.
The United States Constitution: What It Says, What It Means
by Justicelearning. Org StaffAffordable, readable, and indispensable,The United States Constitution: What it Says, What it Means allows you to put the most important document in American history in your back pocket. In conjunction with Justice Learning and The Annenberg Foundation Trust at Sunnylands and with an introduction written by Caroline Kennedy and an afterword written by David Eisenhower, this pocket guide appeals to the broadest possible audience. Each Article and each Amendment is followed by a clear and concise explanation, in plain English, that is suitable for both middle and high school students. On December 8, 2004 President Bush officially signed Constitution Day into law. The law mandates that each year, on September 17th, schools and colleges that receive federal money are required to teach the Constitution. The new law was championed in Congress by Sen. Robert Byrd who famously carries around a copy of the document in his pocket. Sen. Byrd became increasingly alarmed at the lack of civics education-specifically relating to the Constitution-in our public schools and he wanted to take action. Lightweight, easy to use and easy for everyone to understand The United States Constitution: What it Says, What it Means is an excellent way for students and citizens of all ages to read and completely comprehend the building block of American democracy. Justice Learning (www. justicelearning. org), is a comprehensive on-line resource that offers wide-ranging non-partisan materials relating to civics education.
The United States Constitution (Documents That Shaped America)
by Therese SheaDescribes the events surrounding the drafting and ratification of the U.S. Constitution, and looks at how it provides structure for the nation's government.
The United States Constitution
by John R. VileWhat famous American refused to attend the Constitutional Convention because he smelt a rat? Why was a Bill of Rights omitted from the original Constitution? Can a president be sued for actions he takes in office? On what grounds may Congress punish its members? Where did the expression separate but equal originate? Do juvenile defendants have the same constitutional protection as adults? Is obscenity protected by the First Amendment freedoms of speech and press? What is the "Lemon" test? What is the only Constitutional Amendment that has been ratified by special state conventions rather than by state legislatures? These and many more provocative questions are answered in this easy-to-follow guide that makes learning about the Constitution fun for students. Written clearly, this guide addresses those topics of the Constitution students inquire most about, from its origins and background through the adoption of the 27th Amendment. The information in each chapter is organized in a logical progression to carry the reader along to a basic understanding of the provisions and is peppered with fascinating facts and intriguing legal interpretations of topics of interest to young adults. Ten chapters cover everything from the foundations and purposes of the Constitution to the 27th Amendment. The last chapter, A Walk Through American Constitutional History, uses the question-and-answer format to focus on key dates and events in American constitutional history. A selection of photos complements the text. Appendixes include the 100 questions and answers used by the Immigration and Naturalization Service for prospective citizens; lists of all Speakers of the House of Representatives, Presidents, and Supreme Court Justices from the beginning of the republic to the present; the date of admission to the union and the current number of congressional representatives of the 50 states; and the texts of the Constitution of the United States, the Declaration of Independence, and the Articles of Confederation. "
The United States Department of Defense Law of War Manual: Commentary and Critique
by Michael A. NewtonThe United States Department of Defense Law of War Manual: Commentary and Critique provides an irreplaceable resource for any politician, international expert, or military practitioner who wishes to understand the approach taken by the American military in the complex range of modern conflicts. Readers will understand the strengths and weaknesses of US legal and policy pronouncements and the reasons behind the modern American way of war, whether US forces deploy alone or in coalitions. This book provides unprecedented and precise analysis of the US approach to the most pressing problems in modern wars, including controversies surrounding use of human shields, fighting in urban areas, the use of cyberwar and modern weaponry, expanding understanding of human rights, and the rise of ISIS. This group of authors, including academics and military practitioners, provides a wealth of expertise that demystifies overlapping threads of law and policy amidst the world's seemingly intractable conflicts.
United States District Court for the Eastern District of Michigan: People, Law, and Politics
by David Gardner ChardavoyneA chronological history of the United States District Court for the Eastern District of Michigan, from its beginnings in the 1830s to the present.
The United States, International Law, and the Struggle against Terrorism (Routledge Research in Terrorism and the Law)
by Thomas McDonnellThis book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing the actions taken by the Bush administration during the so-called "War on Terrorism" and their compliance with international law. Thomas McDonnell highlights specific topics of legal interest including torture, extra-judicial detentions and the invasions of Afghanistan and Iraq, and examines them against the backdrop of terrorist movements which have plagued Britain and Russia. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism. This book demonstrates why current counter-terrorism practices and policies should be rejected, and new policies adopted that are compatible with international law. Written for students of law, academics and policy-makers, the volume demonstrates the dangers that breaking international law carries in the "War on Terrorism".
The United States, International Law and the Struggle against Terrorism
by Thomas McDonnellThis book discusses the critical legal issues raised by the US responses to the terrorist threat, analyzing the actions taken by the Bush administration during the so-called "war on terrorism" and their compliance with international law. Thomas McDonnell highlights specific topics of legal interest including torture, extra-judicial detentions and the invasions of Afghanistan and Iraq, and examines them against the backdrop of terrorist movements which have plagued Britain and Russia. The book extrapolates from the actions of the USA, going on to look at the difficulties all modern democracies face in trying to combat international terrorism. This book demonstrates why current counter-terrorism practices and policies should be rejected, and new policies adopted that are compatible with international law. Written for students of law, academics and policy-makers, the volume demonstrates the dangers that breaking international law carries in the "war on terrorism".
United States Law (Student Text)
by Kristina SwannThe Student Text features four easy-to-read chapters that focus on the laws and court systems of the United States. Students will be able to describe the basic structure and functions of the judicial branch of the U.S. government and the U.S. Supreme Court; explain the difference between trial courts and courts of appeals; and describe the trial process and its participants.
United States Migrant Interdiction and the Detention of Refugees in Guantánamo Bay
by Azadeh DastyariThis book provides a thorough legal analysis of the United States Migrant Interdiction Program, examining the United States' compliance with its obligations under municipal and international law as it interdicts individuals at sea, conducts status determinations, and returns those interdicted to their home countries. This book also examines the rights of the small number of refugees and individuals at risk of torture detained in Guantánamo Bay, Cuba, awaiting resettlement in third countries. Policy-makers, students and scholars will benefit from this book's clarification of the legal obligations of nations engaged in extraterritorial status determination and detention, as well as its blueprint for compliance with international human rights and refugee law. As the first book of its kind devoted to the United States' interdiction program, this work represents an important contribution to scholarship in refugee law and policy, U.S. constitutional law, international maritime law, and international human rights law. Presents the only detailed contemporary legal analysis of the US Migrant Interdiction Program including refugee detainment at Guantánamo Bay, Cuba. Addresses an important and misunderstood feature of US immigration law. Clarifies the legal obligations of nations engaged in extraterritorial detention under international human rights and refugee law.
The United States of America and the Crime of Aggression
by Giulia PecorellaThis book traces the position of the United States of America on aggression, beginning with the Declaration of Independence up to 2020, covering the four years of the Trump Administration. The decision of the Assembly of States Parties to the International Criminal Court to activate the Court’s jurisdiction over the crime of aggression in 2018 has added further value to a book concerning the position and practice of one of the most influential states, a global military power and permanent member of the UN Security Council. Organized along chronological lines, the work examines whether, or to what extent, the US position has evolved over time. The book explores how the definition of the crime can impact upon the US, notwithstanding its failure to ratify the Rome Statute. It also shows that the US practice and opinio iuris about the law applicable to the use of force might influence, as it has done in the past, the law itself. The work will be a valuable guide for students, academics and professionals with an interest in International Criminal Law.
The United States of Anonymous: How the First Amendment Shaped Online Speech
by Jeff KosseffIn The United States of Anonymous, Jeff Kosseff explores how the right to anonymity has shaped American values, politics, business, security, and discourse, particularly as technology has enabled people to separate their identities from their communications. Legal and political debates surrounding online privacy often focus on the Fourth Amendment's protection against unreasonable searches and seizures, overlooking the history and future of an equally powerful privacy right: the First Amendment's protection of anonymity. The United States of Anonymous features extensive and engaging interviews with people involved in the highest profile anonymity cases, as well as with those who have benefited from, and been harmed by, anonymous communications. Through these interviews, Kosseff explores how courts have protected anonymity for decades and, likewise, how law and technology have allowed individuals to control how much, if any, identifying information is associated with their communications. From blocking laws that prevent Ku Klux Klan members from wearing masks to restraining Alabama officials from forcing the NAACP to disclose its membership lists, and to refusing companies' requests to unmask online critics, courts have recognized that anonymity is a vital part of our free speech protections. The United States of Anonymous weighs the tradeoffs between the right to hide identity and the harms of anonymity, concluding that we must maintain a strong, if not absolute, right to anonymous speech.
The United States Supreme Court's Assault on the Constitution, Democracy, and the Rule of Law (Controversies in American Constitutional Law)
by Adam Lamparello Cynthia SwannThis book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court’s decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I–V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court’s reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices’ judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.
United States v. Apple: Competition in America
by Chris SagersIn 2012, when the Justice Department sued Apple and five book publishers for price fixing, many observers sided with the defendants. It was a reminder that, in practice, Americans are ambivalent about competition. Chris Sagers shows why protecting price competition, even when it hurts some of us, is crucial if antitrust law is to preserve markets.
United States v. G. W. Bush et al.
by Elizabeth De La VegaWhat if there were a fraud worse than Enron and no one did anything about it?In United States v. George W. Bush et. al., former federal prosecutor Elizabeth de la Vega brings her twenty years of experience and her passion for justice to the most important case of her career. The defendants are George W Bush, Richard Cheney, Donald Rumsfeld, Condoleezza Rice, and Colin Powell. The crime is tricking the nation into war, or, in legal terms, conspiracy to defraud the United States.Ms. de la Vega has reviewed the evidence, researched the law, drafted an indictment, and in this lively, accessible book, presented it to a grand jury. If the indictment and grand jury are both hypothetical, the facts are tragically real: Over half of all Americans believe the president misled the country into a war that has left 2,500 hundred American soldiers and countless Iraqis dead. The cost is $350 billion -- and counting.The legal question is: Did the president and his team use the same techniques as those used by Enron's Ken Lay, Jeffrey Skilling, and fraudsters everywhere -- false pretenses, half-truths, deliberate omissions -- in order to deceive Congress and the American public?Take advantage of this rare opportunity to "sit" with the grand jurors as de la Vega presents a case of prewar fraud that should persuade any fair-minded person who loves this country as much as she so obviously does. Faced with an ongoing crime of such magnitude, she argues, we can not simply shrug our shoulders and walk away.
United States vs. the Cuban Five: A Judicial Coverup
by Rodolfo Dávalos FernándezTheir crime was keeping the government of Cuba informed of the activities of counter-revolutionary terrorist groups in Miami whose unbroken record of violent attacks on Cuba and supporters of the Cuban Revolution begins in the 1960s and continues to this day.
Uniting Green Criminology and Earth Jurisprudence
by Jack LampkinAs planet Earth continues to absorb unprecedented levels of anthropogenically induced environmental and climatic change, two similar academic schools of thought have emerged in recent years, both making sustained efforts to explain how and why this state of affairs has evolved. These two disciplines are known as green criminology and earth jurisprudence. Whilst these areas of study can be seen as sub-disciplines of their parent subjects, law and criminology, this book proposes that much can be achieved by authors uniting and collaborating on their academic work. By doing this, it is argued that green criminology stands to benefit from a discipline that places mother nature at the heart of lawmaking and therefore providing a solution to the environmental harms identified by green criminologists. Furthermore, earth jurisprudence will profit from utilising the breadth of academic work produced within the green criminology academic arena. Therefore, this book seeks to unite green criminology and earth jurisprudence in an effort to find solutions to the extraordinary environmental problems that the world now faces.
The Universal Adversary: Security, Capital and 'The Enemies of All Mankind'
by Mark NeocleousThe history of bourgeois modernity is a history of the Enemy. This book is a radical exploration of an Enemy that has recently emerged from within security documents released by the US security state: the Universal Adversary. The Universal Adversary is now central to emergency planning in general and, more specifically, to security preparations for future attacks. But an attack from who, or what? This book – the first to appear on the topic – shows how the concept of the Universal Adversary draws on several key figures in the history of ideas, said to pose a threat to state power and capital accumulation. Within the Universal Adversary there lies the problem not just of the ‘terrorist’ but, more generally, of the ‘subversive’, and what the emergency planning documents refer to as the ‘disgruntled worker’. This reference reveals the conjoined power of the contemporary mobilisation of security and the defence of capital. But it also reveals much more. Taking the figure of the disgruntled worker as its starting point, the book introduces some of this worker’s close cousins – figures often regarded not simply as a threat to security and capital but as nothing less than the Enemy of all Mankind: the Zombie, the Devil and the Pirate. In situating these figures of enmity within debates about security and capital, the book engages an extraordinary variety of issues that now comprise a contemporary politics of security. From crowd control to contagion, from the witch-hunt to the apocalypse, from pigs to intellectual property, this book provides a compelling analysis of the ways in which security and capital are organized against nothing less than the ‘Enemies of all Mankind’.
The Universal Christ: How a Forgotten Reality Can Change Everything We See, Hope For, and Believe
by Richard RohrFrom one of the world’s most influential spiritual thinkers, a long-awaited book exploring what it means that Jesus was called “Christ,” and how this forgotten truth can restore hope and meaning to our lives. <P><P>In his decades as a globally recognized teacher, Richard Rohr has helped millions realize what is at stake in matters of faith and spirituality. Yet Rohr has never written on the most perennially talked about topic in Christianity: Jesus. Most know who Jesus was, but who was Christ? Is the word simply Jesus’s last name? <P><P>Too often, Rohr writes, our understandings have been limited by culture, religious debate, and the human tendency to put ourselves at the center.Drawing on scripture, history, and spiritual practice, Rohr articulates a transformative view of Jesus Christ as a portrait of God’s constant, unfolding work in the world. <P><P>“God loves things by becoming them,” he writes, and Jesus’s life was meant to declare that humanity has never been separate from God—except by its own negative choice. When we recover this fundamental truth, faith becomes less about proving Jesus was God, and more about learning to recognize the Creator’s presence all around us, and in everyone we meet. <P><P>Thought-provoking, practical, and full of deep hope and vision, The Universal Christ is a landmark book from one of our most beloved spiritual writers, and an invitation to contemplate how God liberates and loves all that is. <P><b>A New York Times Bestseller</b>
Universal Design: Principles and Models
by Roberta NullAs the baby boom generation ages, it is crucial that designers understand all they can about bringing this group, as well as all others, design that will offer function, aesthetics, and quality of life. Full of examples and illustrated with pictures of good design, Universal Design: Principles and Models details how the principles of universal desi
Universal Human Rights and Extraterritorial Obligations
by Sigrun Skogly Mark GibneyGlobalization challenges fundamental principles governing international law, especially with respect to state sovereignty and international relations. This transformation has had a significant impact on the practice of trade law, financial regulation, and environmental law but relatively little effect on one area of law and regulation: human rights.Universal Human Rights and Extraterritorial Obligations examines both the international and domestic foundations of human rights law. What other contemporary human rights debates have almost totally ignored is that in an increasingly interdependent world--where public and private international actors have great influence on the lives of individuals everywhere--it is insufficient to assess only the record of domestic governments in human rights. It is equally important to assess the effect of actions taken by intergovernmental organizations, international private entities, and foreign states.From this standpoint, contributors to this book address how states' actions or omissions may affect the prospects of individuals in foreign states and asks important questions: To what extent do agricultural policies of rich countries influence the right to food in poorer countries? How do decisions to screen asylum seekers outside state borders affect refugee rights? How does cooperation among different states in the "war on terror" influence individuals' rights to be free from torture? This volume presents a brief for a more complex and updated approach to the protection of human rights worldwide.
Universal Jurisdiction: The Sierra Leone Profile
by Bankole ThompsonThe doctrine of universal jurisdiction has evolved throughout modern times in the context of global criminal justice as a paramount agent of combating impunity emanating from international criminality. Sierra Leone, as a member of the international community and the United Nations, has, in recent times, been a pioneer in the progressive application and development of international criminal law in the African region. Despite this role, the country's profile, both in terms of the incorporation and application of the doctrine of universal jurisdiction, is deficient in several major respects falling far short of its dual international obligation not to provide safe havens from justice for perpetrators of international crimes and to combat impunity from such criminogenic acts. Hence, a compelling reason for the author to write this book was to provide a seminal scholarly work on the subject articulating the existing state of the law in Sierra Leone and highlighting the deficiencies in the law and factors inhibiting the exercise of universal jurisdiction in this UN member state. It was also to propose necessary substantive and procedural law reforms in the state's jurisprudence on the subject. The book is recommended reading for practitioners and scholars in international criminal law and related disciplines. Its accessibility is highly enhanced by relevant tables and summaries of each chapter. Justice Rosolu J. B. Thompson is Professor Emeritus of Criminal Justice Studies, Eastern Kentucky University, USA. He was a member of and Presiding Judge in Trial Chamber I of the Special Court for Sierra Leone.
Universal Jurisdiction in International Criminal Law: The Debate and the Battle for Hegemony (Routledge Research in International Law)
by Aisling O'SullivanWith the sensational arrest of former Chilean dictator Augusto Pinochet in 1998, the rise to prominence of universal jurisdiction over crimes against international law seemed to be assured. The arrest of Pinochet and the ensuing proceedings before the UK courts brought universal jurisdiction into the foreground of the "fight against impunity" and the principle was read as an important complementary mechanism for international justice –one that could offer justice to victims denied an avenue by the limited jurisdiction of international criminal tribunals. Yet by the time of the International Court of Justice’s Arrest Warrant judgment four years later, the picture looked much bleaker and the principle was being read as a potential tool for politically motivated trials. This book explores the debate over universal jurisdiction in international criminal law, aiming to unpack a practice in which international lawyers continue to disagree over the concept of universal jurisdiction. Using Martti Koskenniemi’s work as a foil, this book exposes the argumentative techniques in operation in national and international adjudication since the 1990s. Drawing on overarching patterns within the debate, Aisling O’Sullivan argues that it is bounded by a tension between contrasting political preferences or positions, labelled as moralist ("ending impunity") and formalist ("avoiding abuse") and she reads the debate as a movement of hegemonic and counter-hegemonic positions that struggle for hegemonic control. However, she draws out how these positions (moralist/formalist) merge into one another and this produces a tendency towards a "middle" position that continues to prefer a particular preference (moralist or formalist). Aisling O’Sullivan then traces the transformation towards this tendency that reflects an internal split among international lawyers between building a utopia ("court of humanity") and recognizing its impossibility of being realized.
Universal Service in WTO and EU law
by Olga BaturaThis book is a systematic comparative study of WTO and EU law relevant for universal service provision, and a timely contribution to the ongoing scholarly and policy debates about the concept and scope of universal service. Universal service is one of the most significant regulatory issues worldwide and it is likely to remain so. The central question dealt with by the author is how the technologically intensive sector of telecommunications services can be regulated in a socially fair way in the light of liberalisation and the immense importance of ICTs in the Information Society. The author investigates whether the legal frameworks of WTO and EU can meet the challenges of the rapid and dramatic technological and social change and formulates relevant policy recommendations. The book is of interest to both scholars and practitioners in several disciplines, such as EU and WTO law, telecommunications law and regulation, political science regarding market regulation and governance as well as European integration and WTO. Olga Batura is affiliated to the Leuphana Law School, University of Lüneburg, Germany, and to the European Humanities University in Vilnius, Lithania.
The Universalism of Human Rights
by Rainer ArnoldIs there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human rights, as well as its scope and limits. The book presents tests of universalism on international, regional and national constitutional levels. It is maintained that universalism of human rights is both a 'concept' and a 'normative reality'. The normative character of human rights is scrutinized through the study of international and regional agreements as well as national constitutions. As a consequence, limitations of normativity are identified, usually on the international level, and take the form of exceptions, reservations, and interpretations. The book is based on the General and National Reports which were originally presented at the 18th International Congress of the International Academy of Comparative Law in Washington D.C. 2010.