The Judicial Tug of War PDF Download

Author: Adam Bonica
Publisher: Cambridge University Press
ISBN: 1108841368
Category : Law
Languages : en
Pages : 335

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Book Description
Presents a novel theory explaining how and why politicians and lawyers politicise courts.

Author: Brett J. Kyle
Publisher:
ISBN: 9780367029944
Category : Courts-martial and courts of inquiry
Languages : en
Pages : 244

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Book Description
"The interaction between military and civilian courts, the political power that legal prerogatives can provide to the armed forces, and the difficult process civilian politicians face in reforming military courts remain glaringly under-examined. This book fills a gap in existing scholarship by providing a theoretically rich, global examination of the operation and reform of military courts in democracies. Drawing on a newly-created global dataset, it examines trends across states and over time. Combined with deeper qualitative case studies, the book presents clear and well-justified findings that will be of interest to scholars and policymakers working in a variety of fields"--

Author: Gregory Burnep
Publisher: University Press of Kansas
ISBN: 0700630473
Category : Political Science
Languages : en
Pages : 256

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Book Description
On June 28, 2004, the US Supreme Court broke with a long-standing tradition of deference to the executive in wartime national security cases and became an important actor in an armed conflict. By declining to rubber-stamp the executive branch’s actions, the judiciary would henceforth play a major role in shaping national security policies in the war on terror. After the September 11, 2001, terrorist attacks, lawyers, lawsuits, and court decisions have repeatedly altered the landscape in the policy areas of detention and military commissions. In Courts at War Gregory Burnep explores how, after 9/11, lawyers and judges became deeply involved in an armed conflict, with important consequences for presidential authority, the separation of powers, and the treatment of individuals suspected of posing a threat to the United States. Courts at War goes beyond the post-9/11 armed conflict. It analyzes the changes in the position of courts vis-à-vis the other branches of government (courts in conflict with the executive, the legislature, or both)—even courts in conflict with other courts. The consequences included increased checks on presidential authority and greater levels of due process for suspected belligerents held in US custody. But Burnep also shows that there are unintended consequences that accompany these developments. Burnep innovatively applies an interbranch perspective to persuasively argue that litigation and judicial involvement have important implications for changing patterns of policy development in a wide range of national security policy areas, including surveillance, interrogation, targeted killings, and President Trump’s travel ban.

Author: Jess Bravin
Publisher: Yale University Press
ISBN: 0300191340
Category : History
Languages : en
Pages : 539

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Book Description
Soon after the September 11 attacks in 2001, the United States captured hundreds of suspected al-Qaeda terrorists in Afghanistan and around the world. By the following January the first of these prisoners arrived at the U.S. military's prison camp in Guantanamo Bay, Cuba, where they were subject to President George W. Bush's executive order authorizing their trial by military commissions. Jess Bravin, the "Wall Street Journal"'s Supreme Court correspondent, was there within days of the prison's opening, and has continued ever since to cover the U.S. effort to create a parallel justice system for enemy aliens. A maze of legal, political, and moral issues has stood in the way of justice--issues often raised by military prosecutors who found themselves torn between duty to the chain of command and their commitment to fundamental American values.While much has been written about Guantanamo and brutal detention practices following 9/11, Bravin is the first to go inside the Pentagon's prosecution team to expose the real-world legal consequences of those policies. Bravin describes cases undermined by inadmissible evidence obtained through torture, clashes between military lawyers and administration appointees, and political interference in criminal prosecutions that would be shocking within the traditional civilian and military justice systems. With the Obama administration planning to try the alleged 9/11 conspirators at Guantanamo--and vindicate the legal experiment the Bush administration could barely get off the ground--"The Terror Courts" could not be more timely.

Author: Aldo S. Perry
Publisher: McFarland
ISBN: 0786488573
Category : History
Languages : en
Pages : 373

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Book Description
During the Civil War, Confederate military courts sentenced to death more soldiers from North Carolina than from any other state. This study offers the first exploration of the service records of 450 of these wayward Confederates, most often deserters. Arranged by army, corps, division and brigade, it chronicles their military trials and frequent executions and offers explanations of how the lucky and the clever were able to avoid their fate. Focus on court activity by company allows for comparisons that emphasize the wide disparity in discipline within a regiment and brigade. By stressing the effectiveness of these deadly decisions as deterrents to others, this work maintains that an earlier and wider reliance on execution would have strengthened the Confederacy sufficiently to force a negotiated end to the war, thus saving many Confederate and Federal lives.

Author: Thomas P. Lowry
Publisher: U of Nebraska Press
ISBN: 9780803280243
Category : History
Languages : en
Pages : 276

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Book Description
During the Civil War, a Union colonel was five times more likely to be court-martialed than a private. Worse, courts-martial of all ranks increased by 400 percent in the winter months. Among the court-martialed transgressors presented in this volume are an officer nicknamed ?Stumpy? because he tended to hide behind tree stumps during combat and a man tried for calling his superior a ?miserable reptile.? The gallery of offenders also includes a Vermont colonel who became a chloroform addict and a New York colonel who rode his horse into a barroom, ordered a brandy for himself and one for his horse, then fired his pistol through the ceiling. The stories of fifty misdeeds, along with a statistical exploration of twenty-two thousand other courts-martial, provide a pioneering study of the little-known world of Civil War misbehavior and clarify the often-bewildering dynamics between volunteer soldiers and their professional superiors.

Author: Akemi Dawn Bowman
Publisher: Simon and Schuster
ISBN: 1534456503
Category : Juvenile Fiction
Languages : en
Pages : 496

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Book Description
Includes an excerpt from The Genesis War.

Author: Teresa Iacobelli
Publisher: UBC Press
ISBN: 0774825693
Category : History
Languages : en
Pages : 194

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Book Description
Soldiers found guilty of desertion or cowardice during the Great War faced death by firing squad. Novels, histories, movies, and television series often depict courts martial as brutal and inflexible, and social memories of this system of frontline justice have inspired modern movements to seek pardons for soldiers executed on the battlefield. In this powerful and moving book, Teresa Iacobelli looks beyond stories of callous generals and quick executions to consider the trials of nearly two hundred soldiers who were sentenced to death but spared by a disciplinary system capable of thoughtful review and compassion. By bringing to light these men's experiences, Death or Deliverance reconsiders an important chapter in the history of both a war and a nation.

Author: Alison Peck
Publisher: Univ of California Press
ISBN: 0520389662
Category : History
Languages : en
Pages : 239

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Book Description
"Despite public concern with the increasing politicization of U.S. immigration courts, few people are aware of the system's fundamental flaw: the immigration courts are not really 'courts' but an office of the Department of Justice--the nation's law enforcement agency. Alison Peck's original and surprising account shows how paranoia sparked by World War II and the War on Terror drove the structure of the immigration courts. Focusing on previously unstudied decisions in the Roosevelt and Bush administrations, this book divulges both the human tragedy of our current immigration system and the human crises that led to its creation. Peck provides an accessible legal analysis of recent events to make the case for independent immigration courts, proposing that the courts be moved into an independent, Article I court system. As long as the immigration courts remain under the authority of the attorney general, the administration of immigration justice will remain a game of political football--with people's very lives on the line." -- back cover.

Author: Louis Fisher
Publisher:
ISBN:
Category : History
Languages : en
Pages : 308

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Book Description
Offers coverage of wartime extra-legal courts. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman.