Constitutional Torts And The War On Terror

Author : James E. Pfander
Publisher : Oxford University Press
ISBN 13 : 0190495286
Total Pages : 281 pages
Book Rating : 4.82/5 ( download)

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Download or read book Constitutional Torts and the War on Terror written by James E. Pfander and published by Oxford University Press. This book was released on 2017 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government accountability in the nineteenth century -- Bivens and government accountability in the twentieth century -- Human rights and War on Terror litigation -- Evaluating the effectiveness of Bivens litigation -- Evaluating justifications for judicial silence -- Congressional ratification of the bivens action -- Applying Bivens to conduct outside of the United States -- Overcoming qualified immunity -- Common-law solutions to judge-made problems

Author : Emily Hartz
Publisher : Springer Science & Business Media
ISBN 13 : 3642326331
Total Pages : 117 pages
Book Rating : 4.32/5 ( download)

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Download or read book From the American Civil War to the War on Terror written by Emily Hartz and published by Springer Science & Business Media. This book was released on 2012-12-13 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status of fundamental rights, the role of the court in times of war, and the question of how to interpret constitutional limitations to executive power. At stake in these difficult legal questions is the issue of how to conceive of the very status of law in liberal democratic states. The questions with which the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis, the book singles out three legal paradigms for interpreting the problem of emergency: the rights model, the extra-legal model and the procedural model. This systematic approach helps the reader develop a philosophical and legal overview of central issues in the jurisprudence on emergency.

Author : Owen M. Fiss
Publisher : The New Press
ISBN 13 : 162097097X
Total Pages : 354 pages
Book Rating : 4.73/5 ( download)

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Download or read book A War Like No Other written by Owen M. Fiss and published by The New Press. This book was released on 2015 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Owen Fiss has been a leading legal scholar for over thirty years, yet before 2001 it would have seemed unlikely for him to write about national security and the laws of war; his focus was civil procedure and equal protection, but when the War on Terror began to shroud legal proceedings in secrecy, he realized that the bulwarks of procedure that shield the individual from the awesome power of the state were dissolving, perhaps irreparably, and that it was time for him to speak up. The ten chapters in this volume cover the major legal battlefronts of the War on Terror from Guantanamo to drones, with a focus on the constitutional implications of those new tools. The underlying theme is Fiss's concern for the offense done to the U.S. Constitution by the administrative and legislative branches of government in the name of public safety and the refusal of the judiciary to hold the government accountable. A War Like No Other will be an essential intellectual foundation for all concerned about constitutional rights and the law in a new age.

Author : H. L. Pohlman
Publisher : Rowman & Littlefield
ISBN 13 : 9780742560413
Total Pages : 336 pages
Book Rating : 4.14/5 ( download)

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Download or read book Terrorism and the Constitution written by H. L. Pohlman and published by Rowman & Littlefield. This book was released on 2008 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conjunction of Islamic fundamentalism, WMD, and terrorism has set the stage for a new form of 'warfare' and ushered in a period of national reflection and debate about the proper balance between national security and the rights of the individual. This book contributes to the ongoing national debate by providing easy access to relevant documents from major post-9/11 cases that highlight central constitutional issues raised by the war on terrorism.

Author : Victor M. Hansen
Publisher : Routledge
ISBN 13 : 1351893386
Total Pages : 228 pages
Book Rating : 4.81/5 ( download)

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Download or read book The Case for Congress written by Victor M. Hansen and published by Routledge. This book was released on 2016-12-05 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Case for Congress: Separation of Powers and the War on Terror examines the constitutional relationship between Congress and the President in the post-September 11 world, arguing that Congress should exercise its legitimate authority in guiding United States policy. While many commentators have focused on the extent of the President's national security and foreign affairs authority, both domestically and abroad, this title focuses on the constitutional authority of Congress to serve as a check on executive power. As a national consensus has developed around the notion that the Bush administration made grave errors in its policy decisions, a reminder of the leading role that Congress can play in those decisions is particularly appropriate. Unlike scholarly work devoted either to detailing or criticizing the Bush administration's policy decisions, this accessible and balanced book focuses on the policies themselves, and on the way in which Congress can influence those policies for the better. The authors further offer specific and useful recommendations for legislative measures that may correct existing policy deficiencies and promote sounder decision-making in the area of national security and foreign affairs.

Author : Peter Berkowitz
Publisher : Hoover Press
ISBN 13 : 0817946233
Total Pages : 220 pages
Book Rating : 4.34/5 ( download)

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Download or read book Terrorism, the Laws of War, and the Constitution written by Peter Berkowitz and published by Hoover Press. This book was released on 2013-09-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism, the Laws of War, and the Constitution examines three enemy combatant cases that represent the leading edge of U.S. efforts to devise legal rules, consistent with American constitutional principles, for waging the global war on terror. The distinguished contributors analyze the crucial questions these cases raise about the balance between national security and civil liberties in wartime and call for a reexamination of the complex connections between the Constitution and international law.

Author : Louis Fisher
Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.01/5 ( download)

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Download or read book The Constitution and 9/11 written by Louis Fisher and published by . This book was released on 2008 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Constitution and 9/11 provides a comprehensive, striking, and disturbing analysis of executive misuse of power that is made all the more compelling by placing it in a rich and fascinating historical contest. No better book is available for placing post-9/11 government actions in the matrix of history and explaining how executive power has degraded the Constitution and citizen rights."--William G. Weaver--Back cover.

Author : Harold H. Bruff
Publisher :
ISBN 13 :
Total Pages : 446 pages
Book Rating : 4.13/5 ( download)

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Download or read book Bad Advice written by Harold H. Bruff and published by . This book was released on 2009 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: A scathing critique of President Bush's legal advisors, who expanded the reach of his executive powers while creating highly controversial policies for fighting the War on Terror. Argues that these advisors, blinded by ideology, provided largely bad legal advice that caused great harm, and ultimately was unnecessary for national security.

Author : Thomas E. Baker
Publisher : Rowman & Littlefield
ISBN 13 : 9780742535992
Total Pages : 260 pages
Book Rating : 4.91/5 ( download)

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Download or read book At War with Civil Rights and Civil Liberties written by Thomas E. Baker and published by Rowman & Littlefield. This book was released on 2006 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Two hundred and eleven years ago, Congress proposed and the states ratified the Bill of Rights. Since that time, these rights have been challenged over and over again. The Alien and Sedition Acts, the Civil War, the "Red Scares" during both World Wars, the Cold War and its permanent crisis mentality, the Vietnam era and its civil unrest, and now the War on Terrorism--all are points along a line of contested history and conflict. Each of these crises generated stresses and strains for our constitutional guarantees of civil rights and liberties. This book looks at the War on Terrorism and the campaigns in Afghanistan and Iraq through the lenses of constitutional law and American politics. A cohesive set of essays by leading legal scholars brings these challenges into sharp focus, offering a unique perspective on executive power, the rule of law, and the delicate balance between rights, liberties, and threats.'--Publisher.

Author : Allan A. Ryan
Publisher : University Press of Kansas
ISBN 13 : 0700621709
Total Pages : 240 pages
Book Rating : 4.05/5 ( download)

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Download or read book The 9/11 Terror Cases written by Allan A. Ryan and published by University Press of Kansas. This book was released on 2015-11-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The terrorist attacks of 9/11 are indelibly etched into our cultural memory. This is the story of how the legal ramifications of that day brought two presidents, Congress, and the Supreme Court into repeated confrontation over the incarceration of hundreds of suspected terrorists and “enemy combatants” at the US naval base in Guantánamo, Cuba. Could these prisoners (including an American citizen) be held indefinitely without due process of law? Did they have the right to seek their release by habeas corpus in US courts? Could they be tried in a makeshift military judicial system? With Guantánamo well into its second decade, these questions have challenged the three branches of government, each contending with the others, and each invoking the Constitution’s separation of powers as well as its checks and balances. In The 9/11 Terror Cases, Allan A. Ryan leads students and general readers through the pertinent cases: Rasul v. Bush and Hamdi v. Rumsfeld, both decided by the Supreme Court in 2004; Hamdan v. Bush, decided in 2006; and Boumediene v. Bush, in 2008. An eloquent writer and an expert in military law and constitutional litigation, Ryan is an adept guide through the nuanced complexities of these cases, which rejected the sweeping powers asserted by President Bush and Congress, and upheld the rule of law, even for enemy combatants. In doing so, as we see clearly in Ryan's deft account, the Supreme Court's rulings speak directly to the extent and nature of presidential and congressional prerogative, and to the critical separation and balance of powers in the governing of the United States.