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By prosecuting war crimes, the Nuremberg trials sought to educate West Germans about their criminal past, provoke their total rejection of Nazism, and convert them to democracy. More than all of the other Nuremberg proceedings, the High Command Case against fourteen of Hitler's generals embraced these goals, since the charges-the murder of POWs, the terrorizing of civilians, the extermination of Jews-also implicated the 20 million ordinary Germans who had served in the military. This trial was the true test of Nuremberg's potential to inspire national reflection on Nazi crime. Its importance notwithstanding, the High Command Case has been largely neglected by historians. Valerie Hébert's study—the only book in English on the subject—draws extensively on the voluminous trial records to reconstruct these proceedings in full: prosecution and defense strategies; evidence for and against the defendants and the military in general; the intricacies of the judgment; and the complex legal issues raised, such as the defense of superior orders, military necessity, and command responsibility. Crucially, she also examines the West German reaction to the trial and the intense debate over its fairness and legitimacy, ignited by the sentencing of soldiers who were seen by the public as having honorably defended their country. Hébert argues that the High Command Trial was itself a success, producing eleven guilty verdicts along with an incontrovertible record of the German military's crimes. But, viewing the trial from beyond the courtroom, she also contends that it made no lasting imprint on the German public's consciousness. And because the United States was eager to secure West Germany as an ally in the Cold War, American officials eventually consented to parole and clemency programs for all of the convicted officers, so that by the late 1950s not one remained imprisoned. Superbly researched and impeccably told, Hitler's Generals on Trial addresses fundamental questions concerning the meaning of justice after atrocity and genocide, the moral imperative of punishment for these crimes, the link between justice and memory, and the relevance of the Nuremberg trials for transitional justice processes today. Inasmuch as these trials coined the vocabulary of modern international criminal law and set an agenda for transitional justice that remains in place today, Hébert's book marks a major contribution to military and legal history.
“It is one of the happy incidents of the federal system,” Justice Louis Brandeis wrote in 1932, “that a single courageous state may, if its citizens choose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country.” It is one of the features of federalism in our day, Paul Nolette counters, that these “laboratories of democracy,” under the guidance of state attorneys general, are more apt to be dictating national policy than conducting contained experiments. In Federalism on Trial, Nolette presents the first broadscale examination of the increasingly nationalized political activism of state attorneys general. Focusing on coordinated state litigation as a form of national policymaking, his book challenges common assumptions about the contemporary nature of American federalism. In the tobacco litigation of the 1990s, a number of state attorneys general managed to reshape one of America’s largest industries—all without the involvement of Congress or the executive branch. This instance of prosecution as a form of regulation is just one case among many in the larger story of American state development. Federalism on Trial shows how new social policy regimes of the 1960s and 1970s—adopting national objectives such as cleaner air, wider access to health care, and greater consumer protections—promoted both “adversarial legalism” and new forms of “cooperative federalism” that enhanced the powers and possibilities open to state attorneys general. Nolette traces this trend—as AGs took advantage of these new circumstances and opportunities—through case studies involving drug pricing, environmental policy, and health care reform. The result is the first full account—far-reaching and finely detailed—of how, rather than checking national power or creating productive dialogue between federal and state policymakers, the federalism exercised by state attorneys general frequently complicates national regulatory regimes and seeks both greater policy centralization and a more extensive reach of the American regulatory state.
A New York Times bestseller! An epic history of the decline of American military leadership—from the bestselling author of Fiasco and Churchill and Orwell. While history has been kind to the American generals of World War II—Marshall, Eisenhower, Patton, and Bradley—it has been less kind to the generals of the wars that followed, such as Koster, Franks, Sanchez, and Petraeus. In The Generals, Thomas E. Ricks sets out to explain why that is. In chronicling the widening gulf between performance and accountability among the top brass of the U.S. military, Ricks tells the stories of great leaders and suspect ones, generals who rose to the occasion and generals who failed themselves and their soldiers. In Ricks’s hands, this story resounds with larger meaning: about the transmission of values, about strategic thinking, and about the difference between an organization that learns and one that fails.
The 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.
The Nuremberg Trial was a milestone in history, the first international tribunal for war crimes ever to occur. As such, much rested on the shoulders of the prosecutors and, in turn, on the witnesses for the prosecution. As the first witness to be called in the first and best-known Nuremberg Trial, Abwehr General Erwin Lahousen felt that burden more keenly than any who took the stand after him. His inside knowledge of the Third Reich and the intelligence he gathered over the course of his military career proved invaluable in convicting some of the most infamous war criminals in history, many of whom recognized and loudly proclaimed him a traitor as he took to the witness stand in the Nuremberg Palace of Justice on November 30, 1945. Newly declassified archival materials, such as the recently released memoirs of Madame Madeleine Bihet-Richou, and interviews with family members have shed new light on General Lahousen's role in bringing about an end to Hitler's reign of terror. These have been compiled by Harry Carl Schaub into this compelling biography.
Contains rules of both branches of the General Court, the constitution of the commonwealth and that of the United States, lists of executive, legislative and judicial departments of the state, etc.