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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
The increasingly global nature of the World Wide Web presents new challenges and opportunities for technical communicators who must develop content for clients or colleagues from other cultures and in other nations. As international online access grows, technical communicators will encounter a range of challenges related to culture and communication in cyberspace. These challenges include how to design content and develop services for online distribution to a culturally diverse audience of users; how to address cultural and linguistic factors effectively when collaborating with international colleagues and clients via online media; and how to develop effective online teaching and training practices and materials for use in learning environments comprised of culturally diverse groups of students. The contributors to Culture, Communication and Cyberspace examine these challenges through chapters that explore the different aspects of international online communication. The contributing authors use a range of methodologies to review a variety of topics related to culture and communication in cyberspace. In so doing, the authors also examine how business trends, such as international outsourcing, content management, and the use of open source software (OSS), are affecting and could change practices in the field of technical communication as related to online cross-cultural interactions.
The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.
We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guant‡namo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.
During Operation IRAQI FREEDOM I (OIF I), U.S. soldiers waged a desperate war against a growing insurgency. Mounting U.S. casualties became the catalyst for a hidden “war within the war.” Arrayed on one side of this secret conflict were leaders who believed that the “ends justify the means.” Opposing this camp were those who believed that U.S. soldiers do not torture because of the higher ideals to which all Americans should subscribe. This clandestine conflict was waged at every level of command, from the fields of Iraq to Washington, D.C. In this history, the adverse influence of the ends-justify-the-means camp in Iraq is charted. Conversely, interrogation operations within the largest division task force and brigade combat team of OIF I are explored to explain why most interrogators treated detainees humanely. Those deficiencies of Army doctrine, force structure, and training that enabled harsh interrogation policies to sometimes trump traditional virtues are explained. Lastly, the Army’s recent dramatic improvements with regard to interrogations are summarized and still-existing deficiencies are noted. This history concludes that the damage done by abusive interrogations will be felt for years to come—and that much work still needs to be done to ensure such damage never recurs.
In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States’ obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.