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Author: Eric Lichtblau Publisher: Anchor ISBN: 0307280543 Category : Political Science Languages : en Pages : 370
Book Description
In the aftermath of 9/11, President Bush declared that the struggle against terrorism would be nothing less than a war—a war that would require new tools and a new mind-set. As legal sanction was given to covert surveillance and interrogation tactics, internal struggles brewed over programs and policies that threatened to tear at the constitutional fabric of the country.Bush's Law is the alarming account of the White House's efforts to prevent the publication of Eric Lichtblau's exposé on warrantless wiretapping—and an authoritative examination of how the Bush administration employed its “war on terror” to mask the most radical remaking of American justice in generations.
Author: Eric Lichtblau Publisher: Anchor ISBN: 0307280543 Category : Political Science Languages : en Pages : 370
Book Description
In the aftermath of 9/11, President Bush declared that the struggle against terrorism would be nothing less than a war—a war that would require new tools and a new mind-set. As legal sanction was given to covert surveillance and interrogation tactics, internal struggles brewed over programs and policies that threatened to tear at the constitutional fabric of the country.Bush's Law is the alarming account of the White House's efforts to prevent the publication of Eric Lichtblau's exposé on warrantless wiretapping—and an authoritative examination of how the Bush administration employed its “war on terror” to mask the most radical remaking of American justice in generations.
Author: Austin Sarat Publisher: NYU Press ISBN: 0814739857 Category : Law Languages : en Pages : 240
Book Description
"While we think of the crimes of the Bush-Cheney Administration as lying somewhere in the past, the aggressive wars, warrantless spying, lawless imprisonment, and torture continue. This collection looks deeply into one likely way to end these crimes, namely enforcing the laws against them. Included are serious and informed voices both for and against prosecution."-David Swanson, author of Daybreak: Undoing the Imperial Presidency and Forming a More Perfect Union "This collection is indispensible for anyone who wishes to understand the challenges facing the United States as it seeks to restore the rule of law. It also provides invaluable insight into the profound damage caused by governments that use national security as an excuse for law-breaking."-Jonathan Hafetz, co-editor of The Guantanamo Lawyers The war on terror and American intervention in Iraq and Afghanistan have brought rule of law rhetoric to a fevered pitch. While President Obama has repeatedly emphasized his Administration's commitment to transparency and the rule of law, nowhere has this resolve been so severely tested than with the issue of the possible prosecution of Bush Administration officials. While some worry that without legal consequences there will be no effective barrier to future instances of lawbreaking by government officials, others echo President Ohama's reluctance to launch an investigation into allegations of criminal wrongdoing. Using this debate as its jumping-off point, When Governments Break the Lau, takes an interdisciplinary approach to the legal challenges posed by the criminal wrongdoing of governments. This book is not an indictment of the Bush Administration; rather, the contributors take distinct positions for and against prosecution. By presuming that officials could be prosecuted, these essays address whether they should. Austin Sarat is William Nelson Cromwell of Jurisprudence and Political Science at Amherst College. He is author or editor of more than seventy books, including When the State Kills: Capital Punishment and the American Condition. Nasser Hussain is Associate Professor in the Department of Law, Jurisprudence and Social Thought at Amherst College. He is the author of The Jurisprudence of Emergency: Colonialism and the Rule of Law.
Author: Harold H. Bruff Publisher: ISBN: Category : Law Languages : en Pages : 446
Book Description
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: Charles Tiefer Publisher: Univ of California Press ISBN: 0520248325 Category : Political Science Languages : en Pages : 456
Book Description
Tiefer has constructed a meticulous, rigorous, critical analysis of Bush Administration initiatives that he contends circumvent legal and public scrutiny.
Author: Jack Goldsmith Publisher: W. W. Norton & Company ISBN: 039333533X Category : Biography & Autobiography Languages : en Pages : 286
Book Description
A key advisor to President Bush recounts his political clashes with powerful administration figures when he questioned the choices of his predecessors about the way the war on terror was being conducted, in an account in which he cites historical parallels.
Author: Charles L. Zelden Publisher: University Press of Kansas ISBN: 070062967X Category : Political Science Languages : en Pages : 356
Book Description
Who could forget the Supreme Court’s controversial 5-4 decision in Bush v. Gore or the 2000 presidential campaign and election that preceded it? Hanging chads, butterfly ballots, endless recounts, raucous allegations, and a constitutional crisis were all roiled into a confusing and potentially dangerous mix—until the Supreme Court decision allowed George W. Bush to become the 43rd President of the United States, despite losing the popular vote to Al Gore. Praised by scholars and political pundits alike, the original edition of Charles Zelden’s book set a new standard for our understanding of that monumental decision. A probing chronicle and critique of the vexing and acrimonious affair, it offered the most accurate and up-to-date analysis of a remarkable episode in American politics. Highly readable, its comprehensive coverage, depth of documentation and detail, and analytic insights remain unrivaled on the subject. In this third expanded edition Zelden offers a powerful history of voting rights and elections in America since 2000. Bush v. Gore exposes the growing crisis by detailing the numerous ways in which the unlearned and wrongly learned “lessons of 2000” have impacted American election law through the growth of voter suppression via legislation and administrative rulings. It provides a clear warning of how unchecked partisanship arising out of Bush v. Gore threatens to undermine American democracy in general and the 2020 election in particular.
Author: M. Cherif Bassiouni Publisher: ISBN: 9789400000056 Category : Human rights Languages : en Pages : 0
Book Description
The United States has historically been regarded as a moral leader opening the pathway for human rights. The country which for so long has struggled for the establishment of the rule of law - as well as to be a model for other nations in observing it - has, since September11, 2001, committed abhorrent practices of torture, which the US has fought against when committed by others. What seems astonishing is that such practices took place within a climate of significant public indifference, and even with some public support. Time and again, observers of tragic historic events reveal that it is not so much the evil doing of the few which allows the worst atrocities to occur, as it is the indifference of the many. The Bush administration assumed neither moral nor legal responsibility, and in the end, it is hard-put to show what positive results may have been obtained for so many transgressions. The history of law and legal institutions has long proven the error of accepting the Machiavellian principle that the ends justify the means. In addition, the proposition that torture prevents terrorism cannot be proven true. Under torture, people tend to say whatever is expected of them. However, this is not only about pragmatic pursuits. It is about morality and ethics. The judgement has already been made that torture is unlawful. In addition, the Guantanamo Bay practices and the unlawful seizure of persons in different parts of the world by the CIA - after which they are transferred to countries where they are tortured - have proven that hard evidence is highly unlikely to be attained under torture. Most of the detainees have been proven to have no connection to terrorism and most of them have been released because they were wrongly arrested. Guantanamo represents a failed policy that has done much damage to the moral authority of the US. Aberrant views of torture as necessary because the ends justify the means have not generated much negative reaction from the legal profession - despite the fact that the 1984 Convention against Torture, the Geneva Conventions, the US Constitution, and the laws of the US have clearly prohibited such practices. This book examines such questions as: Are the events of September 11, 2001 enough to have us reopen the question of whether the medieval practice of torture should be allowed? Are they enough to have its institutionalized practice undermine the integrity of the US legal process and system of law, and to undermine the country's moral leadership in the world? The answer to these questions has to be a resounding and unqualified no. The US must, therefore, take quick and confident action to make amends and to hold responsible those who promoted a policy of torture. M. Cherif Bassiouni, in April 2012, received the Wolfgang Friedmann Memorial Award which is given by the Columbia Journal of Transnational Law to a distinguished scholar or practitioner who has made outstanding contributions to the field of international law. *** ...exquisitely detailed the way in which American governmental institutions bypassed international law in order to allow the creation of a policy that allowed torture. Bassiouni paints a striking portrait of the abuses and violations of international law by Bush's Administration, the way these actions strike at the heart of the American tradition, and the actions that must be taken to save America's collective conscience. - Prof. Karen Greenberg, Executive Director of the Center on Law and Security, NYU School of Law
Author: Austin Sarat Publisher: NYU Press ISBN: 9780814741429 Category : Political Science Languages : en Pages : 234
Book Description
Recent controversies surrounding the war on terror and American intervention in Iraq and Afghanistan have brought rule of law rhetoric to a fevered pitch. While President Obama has repeatedly emphasized his Administration’s commitment to transparency and the rule of law, nowhere has this resolve been so quickly and severely tested than with the issue of the possible prosecution of Bush Administration officials. While some worry that without legal consequences there will be no effective deterrence for the repetition of future transgressions of justice committed at the highest levels of government, others echo Obama’s seemingly reluctant stance on launching an investigation into allegations of criminal wrongdoing by former President Bush, Vice President Cheney, Secretary Rumsfeld, and members of the Office of Legal Counsel. Indeed, even some of the Bush Administration’s harshest critics suggest that we should avoid such confrontations, that the price of political division is too high. Measured or partisan, scholarly or journalistic, clearly the debate about accountability for the alleged crimes of the Bush Administration will continue for some time. Using this debate as its jumping off point, When Governments Break the Law takes an interdisciplinary approach to the legal challenges posed by the criminal wrongdoing of governments. But this book is not an indictment of the Bush Administration; rather, the contributors take distinct positions for and against the proposition, offering revealing reasons and illuminating alternatives. The contributors do not ask the substantive question of whether any Bush Administration officials, in fact, violated the law, but rather the procedural, legal, political, and cultural questions of what it would mean either to pursue criminal prosecutions or to refuse to do so. By presuming that officials could be prosecuted, these essays address whether they should. When Governments Break the Law provides a valuable and timely commentary on what is likely to be an ongoing process of understanding the relationship between politics and the rule of law in times of crisis. Contributors: Claire Finkelstein, Lisa Hajjar, Daniel Herwitz, Stephen Holmes, Paul Horwitz, Nasser Hussain, Austin Sarat, and Stephen I. Vladeck.
Author: Sterling Professor of Law and Political Science Bruce Ackerman Publisher: Yale University Press ISBN: 9780300093797 Category : Political Science Languages : en Pages : 262
Book Description
The Supreme Court's intervention in the 2000 election will shape American law and democracy long after George W. Bush has left the White House. This vitally important book brings together a broad range of preeminent legal scholars who address the larger questions raised by the Supreme Court's actions. Did the Court's decision violate the rule of law? Did it inaugurate an era of super-politicized jurisprudence? How should Bush v. Gore change the terms of debate over the next round of Supreme Court appointments? The contributors--Bruce Ackerman, Jack Balkin, Guido Calabresi, Steven Calabresi, Owen Fiss, Charles Fried, Robert Post, Margaret Jane Radin, Jeffrey Rosen, Jed Rubenfeld, Cass Sunstein, Laurence Tribe, and Mark Tushnet--represent a broad political spectrum. Their reactions to the case are varied and surprising, filled with sparkling argument and spirited debate. This is a must-read book for thoughtful Americans everywhere.
Author: Eric Lichtblau
Author: Eric Lichtblau
Author: Austin Sarat
Author: Harold H. Bruff
Author: United States. Congress. House. Committee on Armed Services
Author: Charles Tiefer
Author: Jack Goldsmith
Author: Charles L. Zelden
Author: M. Cherif Bassiouni
Author: Austin Sarat
Author: Sterling Professor of Law and Political Science Bruce Ackerman