The first Chief Justice of the United States, John Jay faced many unique challenges. When the stability and success of the new nation were far from certain, a body of federalized American law had to be created from scratch. In The First Chief Justice, New York State Appellate Judge Mark C. Dillon uncovers, for the first time, how Jay's personal, educational, and professional experiences—before, during, and after the Revolutionary War—shaped both the establishment of the first system of federal courts from 1789 to 1795 and Jay's approach to deciding the earliest cases heard by the Supreme Court. Dillon takes us on a fascinating journey of a task accomplished by constant travel on horseback to the nation's far reaches, with Jay adeptly handling the Washington administration, Congress, lawyers, politicians, and judicial colleagues. The book includes the history of each of the nine cases decided by Jay when he was Chief Justice, many of which have proven with time to have enduring historical significance. The First Chief Justice will appeal to anyone interested in the establishment of the US federal court system and early American history.
A leading casebook on foreign relations law, authored by widely cited scholars who also have pertinent government experience, Foreign Relations Law: Cases and Materials, Eighth Edition examines the law that regulates how the United States interacts with other nations and with international institutions, and how it applies international law within its legal system. The book offers a compelling mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background and scholarship. These materials guide students through both longstanding as well as cutting-edge issues of constitutional law, statutory interpretation, administrative law, and federal jurisdiction as they relate to the conduct of U.S. foreign relations. New to the Eighth Edition: A new section on economic sanctions, reflecting the growing significance of this aspect of U.S. foreign policy Expanded discussion of executive authority relating to diplomacy A new section on state international agreements More streamlined coverage of both the Alien Tort Statute and the War on Terror as a result of developments since the last edition Updated notes and questions throughout the book to take account of recent cases, statutes, Executive Branch actions, and scholarship Benefits for instructors and students: Clear and logical progression of the materials, starting with the powers of government institutions and then proceeding to specific substantive topics Coverage of both cutting-edge legal developments and relevant historical background Integration of leading scholarship into the notes and questions rather than in long excerpts of secondary materials Balanced presentation of controversial topics, with probing questions to consider in class discussions Combination of theoretical analysis with practical insights from real-world examples
The evolution of the federal prosecutor's role from a pragmatic necessity to a significant political figure. In the United States, federal prosecutors enjoy a degree of power unmatched elsewhere in the world. They are free to investigate and prosecute—or decline to prosecute—criminal cases without significant oversight. And yet, no statute grants them these powers; their role is not mentioned in the Constitution. How did they obtain this power, and are they truly independent from the political process? In Constitutional Inquisitors, Scott Ingram answers these questions by tracing the origins and development of federal criminal law enforcement. In the first book to examine the development of the federal law enforcement apparatus in the earliest part of the early republic, Ingram explains how federal prosecutors' roles began as an afterthought but quickly evolved into powerful political positions. He also addresses two long-held perceptions about early federal criminal prosecution: that prosecutors tried many more cases than historians thought and that the relationship between prosecution and executive power is much more complex and interwoven than commonly assumed. Drawing on materials at the National Archives as well as correspondence and trial reports, Ingram explores the first federal criminal case, the first use of presidential pardon power, the first federal prosecution of a female, and the first interstate criminal investigation. He also discloses internal Administration discussions involving major criminal cases, including those arising from the Whiskey Insurrection, Neutrality Crisis, Alien and Sedition Acts, and Fries' Rebellion. As the United States grapples today with political divisions and arguments over who should be prosecuted for what, Constitutional Inquisitors reveals that these problems began with the creation of the federal prosecutor role and have continued as the role gained power.
Now thoroughly updated, this respected text provides a clear, concise, and affordable narrative and analytical history of American foreign policy from the revolutionary period to the present. This edition includes an all-new chapter on the George W. Bush presidency, 9/11, and the war in Iraq. The historiographical essays at the end of each chapter have been revised to reflect the most recent scholarship."The History of American Foreign Policy" chronicles events and policies with emphasis on the international setting and constraints within which American policy-makers had to operate; the domestic pressures on those policy-makers; and the ideologies, preferences, and personal idiosyncrasies of the leaders themselves. The new edition also provides expanded coverage of the role of cultural and intellectuual factors in setting up the problems faced by U.S. policy-makers, as well as new materials on globalization and the War on Terror.
At no time in American history has an understanding of the role and the art of diplomacy in international relations been more essential than it is today. Both the history of U.S. diplomatic relations and the current U.S. foreign policy in the twenty-first century are major topics of study and interest across the nation and around the world. Spanning the entire history of American diplomacy—from the First Continental Congress to the war on terrorism to the foreign policy goals of the twenty-first century—Guide to U.S. Foreign Policy traces not only the growth and development of diplomatic policies and traditions but also the shifts in public opinion that shape diplomatic trends. This comprehensive, two-volume reference shows how the United States gained "the strength of a giant" and also analyzes key world events that have determined the United States’ changing relations with other nations. The two volumes’ structure makes the key concepts and issues accessible to researchers: The set is broken up into seven parts that feature 40 topical and historical chapters in which expert writers cover the diplomatic initiatives of the United States from colonial times through the present day. Volume II’s appendix showcases an A-to-Z handbook of diplomatic terms and concepts, organizations, events, and issues in American foreign policy. The appendix also includes a master bibliography and a list of presidents; secretaries of state, war, and defense; and national security advisers and their terms of service. This unique reference highlights the changes in U.S. diplomatic policy as government administrations and world events influenced national decisions. Topics include imperialism, economic diplomacy, environmental diplomacy, foreign aid, wartime negotiations, presidential influence, NATO and its role in the twenty-first century, and the response to terrorism. Additional featured topics include the influence of the American two-party system, the impact of U.S. elections, and the role of the United States in international organizations. Guide to U.S. Foreign Policy is the first comprehensive reference work in this field that is both historical and thematic. This work is of immense value for researchers, students, and others studying foreign policy, international relations, and U.S history. ABOUT THE EDITORS Robert J. McMahon is the Ralph D. Mershon Professor of History in the Mershon Center for International Security Studies at The Ohio State University. He is a leading historian of American diplomatic history and is author of several books on U.S. foreign relations. Thomas W. Zeiler is professor of history and international affairs at the University of Colorado at Boulder and is the executive editor of the journal Diplomatic History.
An Age of Neutrals provides a pioneering history of neutrality in Europe and the wider world between the Congress of Vienna and the outbreak of the First World War. The 'long' nineteenth century (1815–1914) was an era of unprecedented industrialization, imperialism and globalization; one which witnessed Europe's economic and political hegemony across the world. Dr Maartje Abbenhuis explores the ways in which neutrality reinforced these interconnected developments. She argues that a passive conception of neutrality has thus far prevented historians from understanding the high regard with which neutrality, as a tool of diplomacy and statecraft and as a popular ideal with numerous applications, was held. This compelling new history exposes neutrality as a vibrant and essential part of the nineteenth-century international system; a powerful instrument used by great and small powers to solve disputes, stabilize international relations and promote a variety of interests within and outside the continent.
The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.
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 April 2014 issue of The Yale Law Journal features new articles and essays on law and legal theory by internationally recognized scholars. An extensive Feature explores the idea of Federalism as the New Nationalism, with contributions by Jessica Bulman-Pozen ("From Sovereignty and Process to Administration and Politics: The Afterlife of American Federalism"), Heather Gerken ("An Overview," "The Loyal Opposition"), Abbe Gluck ("Our [National] Federalism"), Alison LaCroix ("The Shadow Powers of Article I"), and Cristina Rodríguez ("Negotiating Conflict Through Federalism: Institutional and Popular Perspectives"). The issue serves, in effect, as a new and detailed book on new concepts and practices of U.S. federalism. In addition, the issue includes these contributions from scholars and students: • Article, "The Power to Threaten War," by Matthew C. Waxman • Essay, "Five to Four: Why Do Bare Majorities Rule on Courts?" by Jeremy Waldron • Note, "Dignity as a Value in Agency Cost-Benefit Analysis," by Rachel Bayefsky • Note, "Early Release in International Criminal Law," by Jonathan Choi • Note, "Ex Ante Review of Leveraged Buyouts," by Laura Femino • Comment, "Innocent Abroad? Morrison, Vilar, and the Extraterritorial Application of the Exchange Act," by Daniel Herz-Roiphe Quality ebook edition features linked notes, active Contents, active URLs in notes, proper Bluebook formatting, and full presentation of original tables and images. This April 2014 issue is Volume 123, Number 6.