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Author: United States. Congress
Publisher: Createspace Independent Publishing Platform
Published: 2017-12-15
Total Pages: 120
ISBN-13: 9781981743483
DOWNLOAD EBOOKJudicial reliance on foreign law : hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Twelfth Congress, first session, December 14, 2011.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Publisher:
Published: 2012
Total Pages: 120
ISBN-13:
DOWNLOAD EBOOKAuthor: United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Publisher:
Published: 2012
Total Pages: 115
ISBN-13:
DOWNLOAD EBOOKAuthor: Giuseppe Franco Ferrari
Publisher: BRILL
Published: 2019-09-24
Total Pages: 915
ISBN-13: 9004297596
DOWNLOAD EBOOKJudicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
Author: Curtis A. Bradley
Publisher:
Published: 2006
Total Pages: 776
ISBN-13:
DOWNLOAD EBOOKYour next course in foreign relations law can be as riveting as tomorrow's headlines when you adopt this timely revision. FOREIGN RELATIONS LAW: Cases and Materials, Second Edition, provides an up-to-the-minute examination of the constitutional and statutory law that regulates the conduct of contemporary U.S. foreign relations. The book features extensive coverage of current controversies, such as: The scope of the President's war powers, including his powers in the war on terrorism the relationship between national foreign affairs powers, including the treaty power, and structural principles of federalism and separation of powers the validity of executive agreements the status of customary international law in the U.S. legal system, including its role in international human rights litigation in U.S. courts judicial reliance on foreign and international materials to interpret the Constitution the relationship between international tribunals and U.S. decisionmaking structures, including issues of delegation of authority and international comity extraterritorial application of federal law the authors stimulate understanding through: a mix of leading cases and non-case materials, such as excerpts of statutes, treaties, and Executive Branch pronouncements abundant notes and questions for each topic, including rich discussions of historical background, other relevant cases, and academic debates a cohesive theoretical framework that illuminates the increasingly important intersection between international law and U.S. domestic law; the importance of constitutional structure in regulating foreign affairs; the relevance of history to modern controversies; the ways the constitutional law of foreign affairs is often developed outside the courts; And The significance of the increasingly blurred line between domestic and foreign affairs Thoroughly updated, The Second Edition offers: broader coverage of the war on terrorism, including detailed treatment of the Executive's power to target, detain, and try terrorist enemy combatants excerpts of recent Supreme Court decisions, including Hamdi v. Rumsfeld (concerning the military detention of a U.S. citizen as an enemy combatant), Sosa v. Alvarez-Machain (the scope of human rights litigation under the Alien Tort Statute), Altmann v. Republic of Austria (the retroactive application of the Foreign Sovereign Immunities Act), and American Ins. Assiquest;n v. Garamendi (the preemptive effect of executive agreements) condensed coverage of foreign sovereign immunity, now divided between Chapter 2 on the role of the courts in foreign affairs and Chapter 7 on international human rights litigation, integrating the material with related topics and making it easier to teach a revised Teacher's Manual with additional syllabi, a new section of sample exams, and answers to all the questions in the casebook
Author:
Publisher:
Published: 2007
Total Pages: 27
ISBN-13:
DOWNLOAD EBOOKIs it appropriate for courts to cite foreign law and international law in domestic constitutional cases? The starting point of the passionate debate around this question is the thus-unexplored assumption that reference to foreign law is inevitably in tension with the value of national sovereignty. This essay questions this assumption of tension. It argues that for courts in most democratic countries -- even if not for U.S. courts at present -- referring to foreign and international law has become an effective instrument for empowering the domestic political processes by shielding them from external economic and political pressures. This essay demonstrates that in recent years, courts in several democracies have begun to engage quite seriously in the interpretation and application of international law and to heed to the constitutional jurisprudence of other national courts. This essay argues that this emerging jurisprudence is part of a reaction to the forces of globalization that are placing increasing pressure on governments and legislatures to conform to global standards. The courts seek to expand the space for domestic deliberation and to strengthen the ability of national governments to withstand the pressure brought to bear by interest groups and powerful foreign governments. For this strategy to succeed, courts need to forge a united judicial front. This entails coordinating their policies with equally positioned courts in other countries, through the common language of international law and comparative constitutional law. The analysis also explains why the U.S. Supreme Court, which so far was not required to protect domestic political process from external pressures, is still not a part of this collective effort. Finally, and based on this insight into the driving force behind reliance on foreign law, the essay asserts that recourse to these sources is perfectly legitimate from a democratic theory perspective, as it aims to reclaim democracy from the debilitating grip of globalization.
Author: Curtis A. Bradley
Publisher: Aspen Publishers
Published: 2011
Total Pages: 0
ISBN-13: 9781454806844
DOWNLOAD EBOOKA leading casebook in foreign relations, Foreign Relations Law: Cases andExamples, examines the constitutional and statutory law that regulates theconduct of contemporary U.S. foreign relations. Using a compelling mix of caseand noncase materials, Bradley and Goldsmith focus on U.S. affairs abroad andinternational cases in which the U.S. exercises jurisdiction. Its extensivecoverage of contemporary legal controversies and the grey areas betweeninternational and domestic affairs make this casebook a perennial favorite.The Fourth Edition has been updated to include the resounding effectsthe "war on terror" is having on all aspects of foreign relations policy andthe laws relating to detention, interrogation, surveillance, state secrets,habeas corpus and target killing. The impacts of recent events, such as U.S.military involvement in Libya, are given thorough treatment. New court casesaffecting habeas corpus and non-U.S. citizens, the president's authority todetain alleged terrorists, and immunity for foreign officials in civil suitsare also included. In addition, there is new section on legal regulation ofCIA covert operations and clandestine operations by the U.S. military.Hallmark features of Foreign Relations Law:Extensive coverage of contemporary foreign relations law controversies,including:The scope of the president's war powers and the validity ofexecutive agreements.The legal framework for the post-September 11 "war on terrorism."Judicial reliance on foreign and international materials to interpretthe Constitution.Extraterritorial application of federal law.The relationship between national foreign affairs powers, including thetreaty power, and structural principles of federalism and separation of powers.The status of customary international law in the U.S. legal system,including international human rights litigation in U.S. courts.Cohesive theoretical framework that illuminates:The increasing importance of the intersection between international law andU.S. domestic law, and the blurred line between domestic and foreign affairs.The importance of constitutional structure in regulating foreign affairs.The historical relevance of modern controversies.The ways constitutional law on foreign affairs is often developed outsidethe courts.Detailed Teacher's ManualExtensive Notes and Questions for each topicCompelling mix of cases and noncase materialsThe revised Fourth Edition includes:New section on legal regulation of covert operations by the CIAand clandestine operations by the U. S. military.Revision of the war powers material to include recent developments,including U.S. military operations in Libya, and issues andthe debate surrounding the war on terrorism.Discussion of recent war on terror decisions by the D.C. Circuit andthe D.C. District Court, including Al-Bihani v. Obama, Maqaleh v.Gatesand Al-Aulaqi v. Obama.Excerpt from U.S. Supreme Court's decision in Samantar v. Yousuf,concerning immunity of foreign officials in civil suits brought inU.S. Courts.Excerpt of Second Circuit's decision in Kiobel v. Royal DutchPetroleum Co., concerning the ability of human rights victims tosue corporations under the Alien Tort Statute.Notes and Questions
Author: Stephen Breyer
Publisher: Vintage
Published: 2015-09-15
Total Pages: 402
ISBN-13: 1101946202
DOWNLOAD EBOOKIn this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
Author: U.S. Government Printing Office (Gpo)
Publisher: BiblioGov
Published: 2013-08
Total Pages: 122
ISBN-13: 9781289315375
DOWNLOAD EBOOKThe United States Government Printing Office (GPO) was created in June 1860, and is an agency of the U.S. federal government based in Washington D.C. The office prints documents produced by and for the federal government, including Congress, the Supreme Court, the Executive Office of the President and other executive departments, and independent agencies. A hearing is a meeting of the Senate, House, joint or certain Government committee that is open to the public so that they can listen in on the opinions of the legislation. Hearings can also be held to explore certain topics or a current issue. It typically takes between two months up to two years to be published. This is one of those hearings.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Published: 2007
Total Pages: 216
ISBN-13: 9781590318737
DOWNLOAD EBOOKThe 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.
