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The Court and the World

The Court and the World

Author: Stephen Breyer
Publisher: Vintage
ISBN: 1101912073
Pages: 400
Year: 2016-08
"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.
The Court and the World

The Court and the World

Author: Stephen Breyer
Publisher: Vintage
ISBN: 1101946202
Pages: 400
Year: 2015-09-15
In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike. From the Hardcover edition.
Uncertain Justice

Uncertain Justice

Author: Laurence Tribe, Joshua Matz
Publisher: Macmillan
ISBN: 0805099093
Pages: 416
Year: 2014-06-03
A revelatory assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings to explore their less-understood debates and relevance. 50,000 first printing.
The World Court in Action

The World Court in Action

Author: Howard N. Meyer
Publisher: Rowman & Littlefield
ISBN: 0742509249
Pages: 311
Year: 2002
Over a century ago, a precursor to the International Court of Justice, usually called the World Court, was created. The United States had an important role in founding the Court, and a U.S. citizen Andrew Carnegie-funded the Peace Palace, the building in which the World Court still convenes. But in 1985, during the second Reagan-Bush Administration, the U.S. effectively withdrew its support and authority from the Court in respose to its ruling on the U.S. use of force in Nicaragua. Since that time, the role of the World Court has grown in importance internationally even though the U.S. refuses to participate fully. And because the U.S. role has been so attenuated, the full story of the World Court has not been told, especially to U.S. citizens and students whose ignorance of it is a national embarrassment. Howard N. Meyer-longtime legal authority, activist, and champion of untold or misunderstood histories-traces the World Court all the way back to The Hague Conference of 1899 and shows its development through World War I, the League of Nations, World War II, and the Cold War, all the way up to the contemporary challenges of East Timor and Kosovo. More recently, Meyer distinguishes between the nation-state oriented work of the World Court and the work of the International Criminal Court which was proposed in 1998 to prosecute individual war criminals like Milosevic and others coming out of the conflicts in the former Yugoslavia and Rwanda. As different as they are, the World Court and the ICC have a common problem that this book seeks to address: resistance in Washington to the international rule of law, especially when it comes to authority surrounding the use of force."
The Garments of Court and Palace

The Garments of Court and Palace

Author: Philip Bobbitt
Publisher: Open Road + Grove/Atlantic
ISBN: 1555849261
Pages: 240
Year: 2013-07-09
A “serious and thoughtful” interpretation of Machiavelli’s life and thought—and its relevance today—from the acclaimed author of Terror and Consent (The Times, London). Constitutional scholar Philip Bobbitt turns his expert attention to the life and work of Niccolo Machiavelli, the sixteenth century political philosopher whose classic text The Prince remains one of the most important and controversial works of political theory ever written. In The Garments of Court and Palace, Bobitt argues that the perception of Machiavelli’s Prince as a ruthless, immoral tyrant stems from mistranslations, political agendas, and readers who overlooked the philosopher’s earlier work, Discourses on Livy. He explains that Machiavelli was instead advocating for rulers to distinguish between their personal ethos and state governance. Rather than a “mirror book” advising rulers, The Prince prophesied the end of the feudal era and the birth of the neoclassical state. Using both Renaissance examples and cases drawn from the current era, Bobbitt shows Machiavelli’s work is both profoundly moral and inherently constitutional, a turning point in our understanding of the relation between war, law, and the state.
The Warren Court and the Pursuit of Justice

The Warren Court and the Pursuit of Justice

Author: Morton J. Horwitz
Publisher: Macmillan
ISBN: 0809016257
Pages: 132
Year: 1999-04-30
The Hill and Wang Critical Issues Series: concise, affordable works on pivotal topics in American history, society, and politics. The men who made up the Supreme Court when Earl Warren was Chief Justice (1953-69) changed America forever, and their decisions are still affecting constitutional law today. This overview of the Warren Court focuses on its landmark cases and enduring legacy.
A Court Divided

A Court Divided

Author: Mark V. Tushnet
Publisher: W. W. Norton & Company
ISBN: 0393058689
Pages: 384
Year: 2005
In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.
Sisters in Law

Sisters in Law

Author: Linda Hirshman
Publisher: HarperCollins
ISBN: 0062238485
Pages: 432
Year: 2015-09-01
NEW YORK TIMES BESTSELLER WASHINGTON POST BESTSELLER The author of the celebrated Victory tells the fascinating story of the intertwined lives of Sandra Day O’Connor and Ruth Bader Ginsburg, the first and second women to serve as Supreme Court justices. The relationship between Sandra Day O’Connor and Ruth Bader Ginsburg—Republican and Democrat, Christian and Jew, western rancher’s daughter and Brooklyn girl—transcends party, religion, region, and culture. Strengthened by each other’s presence, these groundbreaking judges, the first and second to serve on the highest court in the land, have transformed the Constitution and America itself, making it a more equal place for all women. Linda Hirshman’s dual biography includes revealing stories of how these trailblazers fought for their own recognition in a male-dominated profession—battles that would ultimately benefit every American woman. She also makes clear how these two justices have shaped the legal framework of modern feminism, including employment discrimination, abortion, affirmative action, sexual harassment, and many other issues crucial to women’s lives. Sisters-in-Law combines legal detail with warm personal anecdotes that bring these very different women into focus as never before. Meticulously researched and compellingly told, it is an authoritative account of our changing law and culture, and a moving story of a remarkable friendship.
The Burger Court and the Rise of the Judicial Right

The Burger Court and the Rise of the Judicial Right

Author: Michael J. Graetz, Linda Greenhouse
Publisher: Simon and Schuster
ISBN: 1476732515
Pages: 480
Year: 2017-06-06
A revelatory look at the Warren Burger Supreme Court finds that it was not moderate or transitional, but conservative—and it shaped today’s constitutional landscape. It is an “important book…a powerful corrective to the standard narrative of the Burger Court” (The New York Times Book Review). When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a “transitional” court between the Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as this “landmark new book” (The Christian Science Monitor) shows, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Authors Graetz and Greenhouse excavate the roots of the most significant Burger Court decisions and in “elegant, illuminating arguments” (The Washington Post) show how their legacy affects us today. “Timely and engaging” (Richmond Times-Dispatch), The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to provide “the best kind of legal history: cogent, relevant, and timely” (Publishers Weekly).
The Supreme Court and the Idea of Constitutionalism

The Supreme Court and the Idea of Constitutionalism

Author: Steven Kautz, Arthur Melzer, Jerry Weinberger, Richard Zinman
Publisher: University of Pennsylvania Press
ISBN: 0812221907
Pages: 328
Year: 2011-10-03
From Brown v. Board of Education to Roe v. Wade to Bush v. Gore, the Supreme Court has, over the past fifty years, assumed an increasingly controversial place in American national political life. As the recurring struggles over nominations to the Court illustrate, few questions today divide our political community more profoundly than those concerning the Court's proper role as protector of liberties and guardian of the Constitution. If the nation is today in the midst of a "culture war," the contest over the Supreme Court is certainly one of its principal battlefields. In this volume, distinguished constitutional scholars aim to move debate beyond the sound bites that divide the opposing parties to more fundamental discussions about the nature of constitutionalism. Toward this end, the volume includes chapters on the philosophical and historical origins of the idea of constitutionalism; on theories of constitutionalism in American history in particular; on the practices of constitutionalism around the globe; and on the parallel emergence of--and the persistent tensions between--constitutionalism and democracy throughout the modern world. In democracies, the primary point of having a constitution is to place some matters beyond politics and partisan contest. And yet it seems equally clear that constitutionalism of this kind results in a struggle over the meaning or proper interpretation of the constitution, a struggle that is itself deeply political. Although the volume represents a variety of viewpoints and approaches, this struggle, which is the central paradox of constitutionalism, is the ultimate theme of all the essays.
The Supreme Court and the Idea of Progress

The Supreme Court and the Idea of Progress

Author: Alexander M. Bickel
Publisher: Yale University Press
ISBN: 0300022395
Pages: 210
Year: 1978
A history of the Warren Court and its impact on the political and legal system. Best known for its treatment of the Brown v. Board of Education decision, which Bickel believed was headed for obsolescence and abandonment. Based on the Oliver Wendell Holmes Lectures at Harvard Law School in 1969.
The Court and the Constitution of India

The Court and the Constitution of India

Author: O. Chinnappa Reddy
Publisher: Oxford University Press, USA
ISBN: 0195696999
Pages: 337
Year: 2008
On the role of the Supreme Court of India in interpreting the main themes of the constitution and in formulating contemporary public law in the country.
Precedent in the World Court

Precedent in the World Court

Author: Mohamed Shahabuddeen
Publisher: Cambridge University Press
ISBN: 0521046718
Pages: 268
Year: 2007-11-06
Although precedent in the International Court of Justice is not binding, the Court relies on its previous judgments as authoritative expressions of its views. In this book, Mohamed Shahabuddeen, a judge in the International Court of Justice, shows the extent to which the Court is guided by previous decisions, and how parties to cases themselves use the Court's decisions when framing and presenting their cases. He also traces the possibilities for future development of the system. Judge Shahabuddeen's analysis of the Court is a major contribution to this important subject.
Judicial Politics in Mexico

Judicial Politics in Mexico

Author: Andrea Castagnola, Saul Lopez Noriega
Publisher: Routledge
ISBN: 1315520605
Pages: 190
Year: 2016-11-03
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
Dissent and the Supreme Court

Dissent and the Supreme Court

Author: Melvin I. Urofsky
Publisher: Vintage
ISBN: 030774132X
Pages: 544
Year: 2017-01-10
In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court's long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court's majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean and fashioning subsequent decisions--largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous & now overturned case of Dred Scott v. Sanford (1857) during which Chief Justice Roger Taney's opinion upheld slaver and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.