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Historically, the political question doctrine has held the courts from resolving constitutional issues that are better left to other departments of government, as a way of maintaining the system of checks and balances. However, this book discusses the gradual changes in the parameters of the doctrine, including its current position dealing with increasingly extraterritorial concerns.
The application of the Political Question Doctrine is at a crucial crossroads as the Supreme Court continues to test new 'War on Terrorism' initiatives. Historically, the political question doctrine has held the courts from resolving constitutional issues that are better left to other departments of government, as a way of maintaining the system of checks and balances. However, the doctrine's many ambiguities have allowed a roughly defined juxtaposition of the branches of government during previous years when the Republic was concerned with both international matters and those within its continental confines. The Political Question Doctrine and the Supreme Court of the United States discusses the gradual changes in the parameters of the doctrine, including its current position dealing with increasingly extraterritorial concerns. Nada Mourtada-Sabbah and Bruce E. Cain bring together critical essays that examine the broad issues of judicial involvement in politics and the future of the doctrine. With a wide range of historical and theoretical perspectives, this book will stimulate debate among those interested in political science and legal studies.
Driven by the growing reality of international terrorism, the threats to civil liberties and individual rights in America are greater today than at any time since the McCarthy era in the 1950s. At this critical time when individual freedoms are being weighed against the need for increased security, this exhaustive three-volume set provides the most detailed coverage of contemporary and historical issues relating to basic rights covered in the United States Constitution. The Encyclopedia of Civil Liberties in America examines the history and hotly contested debates surrounding the concept and practice of civil liberties. It provides detailed history of court cases, events, Constitutional amendments and rights, personalities, and themes that have had an impact on our freedoms in America. The Encyclopedia appraises the state of civil liberties in America today, and examines growing concerns over the limiting of personal freedoms for the common good. Complete with selected relevant documents and a chronology of civil liberties developments, and arranged in A-Z format with multiple indexes for quick reference, The Encyclopedia of Civil Liberties in America includes in-depth coverage of: freedom of speech, religion, press, and assembly, as outlined in the first amendment; protection against unreasonable search and seizure, as outlined in the fourth amendment; criminal due process rights, as outlined in the fifth, sixth, seventh, and eighth amendments; property rights, economic liberties, and other rights found within the text of the United States Constitution; Supreme Court justices, presidents, and other personalities, focusing specifically on their contributions to or effect on civil liberties; concepts, themes, and events related to civil liberties, both practical and theoretical; court cases and their impact on civil liberties.
Das Buch schlägt eine tiefgreifende Reform der EU vor. Defekte der EU werden identifiziert. Die Vorschläge basieren auf den Konzepten begrenzter Supranationalität und einer ausgewogenen Sicht des Nationalstaats. Die EU wird vor allem gebraucht für Frieden, Wohlstand, Kompensation der relativ geringen Größe und begrenzten Macht ihrer Mitgliedstaaten und zur Bewahrung grundlegender Prinzipien der westlichen Zivilisation. Eine ausgewogene Sicht des Nationalstaats bedeutet Erhaltung der Vorteile des gut gestalteten Nationalstaats im Vergleich zur EU sowie Vermeidung von Nationalismus und Krieg. Das Buch schlägt u.a. eine Neugestaltung der EU-Rechtsetzung und der EU-Verträge, eine untergeordnete Rolle der Europäischen Kommission, einen Court of Appeal und eine geänderte Zusammensetzung der Europäischen Zentralbank vor. Möglichkeiten des Überlebens der Eurozone werden diskutiert. Bei praktischer Realisierung dieser Vorschläge könnte sich die EU zukünftig in einem besseren Zustand befinden.
The Harvard Law Review's December 2016 issue, Number 2, features these contents: • Article, "Constitutionally Forbidden Legislative Intent," by Richard H. Fallon, Jr. • Article, "Deal Process Design in Management Buyouts," by Guhan Subramanian • Book Review, "Law and Moral Dilemmas," by Bert I. Huang • Note, "Charming Betsy and the Intellectual Property Provisions of Trade Agreements" • Note, "Political Questions, Public Rights, and Sovereign Immunity" Furthermore, student commentary analyzes Recent Cases on equitable relief from a foreign judgment under RICO, mootness after a 2014 Missouri election, compelling an Internet Service Provider to produce data stored overseas, immunity for failure-to-warn claims under the Communications Decency Act, whether the federal cannabis prohibition is a "substantial burden" under the Religious Freedom Restoration Act, reasonableness of sentencing under the Guidelines after using a jury poll, and whether two-way video testimony violates the Confrontation Clause of the U.S. Constitution's Sixth Amendment. Finally, the issue includes several brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the second issue of academic year 2016-2017.
International Civil Litigation in United States Courts, by Gary B. Born and Peter B. Rutledge, is the essential, comprehensive law school text for the current and future international litigator, whether based in the United States, Europe, or elsewhere. Examiningevery topic discussed in competing texts with extensive narrative, unparalleled notes, and detailed citations, this book covers the gamut of international dispute resolution, whether judicial jurisdiction, sovereign immunity, extraterritoriality, conflicts of law, parallel proceedings, discovery disputes, service, judgment enforcement, and international arbitration. This Seventh Edition includes excerpts and updated discussions of recent U.S. court decisions and legislation relating to a wide range of private and public international law topics. New to the SeventhEdition: Latest developments in litigation under the Alien Tort Statute and the Torture Victim Protection Act Latest developments in sovereign immunity law following several landmark Supreme Court decisions Latest developments regarding the extraterritorial application of federal law following several landmark Supreme Court decisions Critical examination of the new Restatement (Fourth) of the Foreign Relations of the United States Up-to-date citation and review of the most current academic legal scholarship in the field Professors and students will benefit from: Detailed notes with easy-to-use questions for discussion and legal analysis Comprehensive discussion of international dispute resolution, including international arbitration and other forms of dispute resolution outside of litigation in national courts Comparative foreign treatment of selected issues of international civil procedure Extensive notes and up-to-date citations that ensure the book has enduring value long after a course has ended, and it becomes a resource for practitioners seeking to research the field Documentary Supplement
Federal Courts: Cases and Materials, Second Edition by Jonathan R. Siegel provides rich, sophisticated coverage with a clean, uncluttered presentation. Students learn from thoughtfully selected cases, carefully curated notes, and engaging discussion problems. Excellent case editing reduces cases to readable length while preserving their essential facts and arguments. Adopters have strongly praised the book and the teaching materials. New materials in the Second Edition include: Recent developments in standing doctrine A landmark new case about Bivens action New cases on adjudication by non-Article III tribunals Other updates throughout the book Professors and students will benefit from: Thoughtfully selected cases Notes that enhance understanding without being too dense Excellent case editing Engaging Discussion Problems
Filling a long-standing need for a Canadian textbook in the philosophy of law, this anthology includes articles, readings, and cases in legal philosophy to give students the conceptual tools necessary to consider the general problems of jurisprudence.
Relied on by students, professors, and practitioners, Erwin Chemerinsky’s popular treatise clearly states the law and identifies the underlying policy issues in each area of constitutional law. Thorough coverage of the topic makes it appropriate for both beginning and advanced courses. New to the Sixth Edition: New discussion of the Preamble to the Constitution in Ch. 1 Discussion of many new cases throughout the book. Major new decisions include: Masterpiece Cakeshop v. Colorado Civil Rights Commission; Gill v. Whitford; Zivotofsky v. Kerry; Lucia v. SEC; South Dakota v. Wayfair; Fisher v. University of Texas, Austin; Obergefell v. Hodges; Whole Women’s Health v. Hellerstedt; Matal v. Tam; Williams-Yulee v. Florida State Bar; National Institute of Family and Life Advocates v. Becerra; Janus v. American Federation; Town of Greece v. Galloway; and Trinity Lutheran Church of Columbia v. Comer New materials on presidential power, immigration, and travel bans under the Trump administration, including IRAP v. Trump and Hawaii v. Trump Professors and students will benefit from: Renowned authorship Examination of black-letter law and all the myriad issues of constitutional interpretation with unrivaled thoroughness and lucidity Excellent historical overview of the creation and ratification of the Constitution, examining the existential question of why we have a constitution