Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Court and the World PDF full book. Access full book title The Court and the World by Stephen Breyer. Download full books in PDF and EPUB format.
Author: Stephen Breyer Publisher: Vintage ISBN: 1101912073 Category : Law Languages : en Pages : 402
Book Description
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. 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.
Author: Stephen Breyer Publisher: Vintage ISBN: 1101912073 Category : Law Languages : en Pages : 402
Book Description
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. 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.
Author: Stephen Breyer Publisher: Harvard University Press ISBN: 0674269365 Category : Law Languages : en Pages : 113
Book Description
A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Author: Philip Bobbitt Publisher: Atlantic Books ISBN: 1782391428 Category : History Languages : en Pages : 271
Book Description
A New York Times-bestselling author presents a provocative new interpretation of The Prince The Prince, a political treatise by the Florentine public servant and political theorist Niccolo Machiavelli, is widely regarded as the most important exploration of politics—and in particular the politics of power—ever written. In Garments of Court and Palace, Philip Bobbitt, a preeminent and original interpreter of modern statecraft, presents a vivid portrait of Machiavelli's Italy and demonstrates how The Prince articulates a new idea of government that emerged during the Renaissance. Bobbitt argues that when The Prince is read alongside the Discourses, modern readers can see clearly how Machiavelli prophesied the end of the feudal era and the birth of a recognizably modern polity. As this book shows, publication of The Prince in 1532 represents nothing less than a revolutionary moment in our understanding of the place of the law and war in the creation and maintenance of the modern state.
Author: Daphné Richemond-Barak Publisher: BRILL ISBN: 9004226966 Category : Business & Economics Languages : en Pages : 249
Book Description
Rosenne’s The World Court offers a contemporary and interactive take on the UN’s main judicial organ. The International Court of Justice, which has remained largely unchanged since its creation in 1945, operates within a growing network of states and international bodies. The book analyzes the institution via the prism of its relationship with states – the Court’s natural constituency – as well as UN organs, international and domestic courts, academia, and non-state actors. It offers topics for class discussions, moot court exercises, and model syllabi. Direct engagement with the writings of leading scholars in international law and international relations helps uncover the Court’s political and legal role in a complex international order. The book’s novel and multidisciplinary approach make it an essential resource for students, teachers, and scholars.
Author: Beatrice K. Otto Publisher: University of Chicago Press ISBN: 0226640914 Category : History Languages : en Pages : 444
Book Description
In this lively work, Beatrice K. Otto takes us on a journey around the world in search of one of the most colorful characters in history—the court jester. Though not always clad in cap and bells, these witty, quirky characters crop up everywhere, from the courts of ancient China and the Mogul emperors of India to those of medieval Europe, Africa, the Middle East, and the Americas. With a wealth of anecdotes, jokes, quotations, epigraphs, and illustrations (including flip art), Otto brings to light little-known jesters, highlighting their humanizing influence on people with power and position and placing otherwise remote historical figures in a more idiosyncratic, intimate light. Most of the work on the court jester has concentrated on Europe; Otto draws on previously untranslated classical Chinese writings and other sources to correct this bias and also looks at jesters in literature, mythology, and drama. Written with wit and humor, Fools Are Everywhere is the most comprehensive look at these roguish characters who risked their necks not only to mock and entertain but also to fulfill a deep and widespread human and social need.
Author: S. Jayakumar Publisher: NUS Press ISBN: 9789971694579 Category : History Languages : en Pages : 220
Book Description
This book is about the territorial dispute between Malaysia and Singapore over Pedra Branca, a small but strategically located island near the entrance to the Straits of Malacca. It describes how the two countries managed the dispute over three decades until final resolution by the International Court of Justice in May 2008. The two authors, who were personally involved in the case, recount the many twists and turns in the dispute as well as behind the scenes political and diplomatic manoeuvres. At a time when Asia still has numerous unresolved territorial disputes, the book would be of great interest to scholars, academics and practitioners in politics, international relations, history, diplomatic and legal circles.
Author: John M. Ferren Publisher: Univ of North Carolina Press ISBN: 0807876615 Category : Biography & Autobiography Languages : en Pages : 592
Book Description
The Kentucky-born son of a Baptist preacher, with an early tendency toward racial prejudice, Supreme Court Justice Wiley Rutledge (1894-1949) became one of the Court's leading liberal activists and an early supporter of racial equality, free speech, and church-state separation. Drawing on more than 160 interviews, John M. Ferren provides a valuable analysis of Rutledge's life and judicial decisionmaking and offers the most comprehensive explanation to date for the Supreme Court nominations of Rutledge, Felix Frankfurter, and William O. Douglas. Rutledge was known for his compassion and fairness. He opposed discrimination based on gender and poverty and pressed for expanded rights to counsel, due process, and federal review of state criminal convictions. During his brief tenure on the Court (he died following a stroke at age fifty-five), he contributed significantly to enhancing civil liberties and the rights of naturalized citizens and criminal defendants, became the Court's most coherent expositor of the commerce clause, and dissented powerfully from military commission convictions of Japanese generals after World War II. Through an examination of Rutledge's life, Ferren highlights the development of American common law and legal education, the growth of the legal profession and related institutions, and the evolution of the American court system, including the politics of judicial selection.
Author: the late Bernard Schwartz Publisher: Oxford University Press ISBN: 0199840555 Category : Law Languages : en Pages : 477
Book Description
When the first Supreme Court convened in 1790, it was so ill-esteemed that its justices frequently resigned in favor of other pursuits. John Rutledge stepped down as Associate Justice to become a state judge in South Carolina; John Jay resigned as Chief Justice to run for Governor of New York; and Alexander Hamilton declined to replace Jay, pursuing a private law practice instead. As Bernard Schwartz shows in this landmark history, the Supreme Court has indeed travelled a long and interesting journey to its current preeminent place in American life. In A History of the Supreme Court, Schwartz provides the finest, most comprehensive one-volume narrative ever published of our highest court. With impeccable scholarship and a clear, engaging style, he tells the story of the justices and their jurisprudence--and the influence the Court has had on American politics and society. With a keen ability to explain complex legal issues for the nonspecialist, he takes us through both the great and the undistinguished Courts of our nation's history. He provides insight into our foremost justices, such as John Marshall (who established judicial review in Marbury v. Madison, an outstanding display of political calculation as well as fine jurisprudence), Roger Taney (whose legacy has been overshadowed by Dred Scott v. Sanford), Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and others. He draws on evidence such as personal letters and interviews to show how the court has worked, weaving narrative details into deft discussions of the developments in constitutional law. Schwartz also examines the operations of the court: until 1935, it met in a small room under the Senate--so cramped that the judges had to put on their robes in full view of the spectators. But when the new building was finally opened, one justice called it "almost bombastically pretentious," and another asked, "What are we supposed to do, ride in on nine elephants?" He includes fascinating asides, on the debate in the first Court, for instance, over the use of English-style wigs and gowns (the decision: gowns, no wigs); and on the day Oliver Wendell Holmes announced his resignation--the same day that Earl Warren, as a California District Attorney, argued his first case before the Court. The author brings the story right up to the present day, offering balanced analyses of the pivotal Warren Court and the Rehnquist Court through 1992 (including, of course, the arrival of Clarence Thomas). In addition, he includes four special chapters on watershed cases: Dred Scott v. Sanford, Lochner v. New York, Brown v. Board of Education, and Roe v. Wade. Schwartz not only analyzes the impact of each of these epoch-making cases, he takes us behind the scenes, drawing on all available evidence to show how the justices debated the cases and how they settled on their opinions. Bernard Schwartz is one of the most highly regarded scholars of the Supreme Court, author of dozens of books on the law, and winner of the American Bar Association's Silver Gavel Award. In this remarkable account, he provides the definitive one-volume account of our nation's highest court.
Author: Sarah Babaian Publisher: Springer ISBN: 3319780158 Category : Law Languages : en Pages : 210
Book Description
This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court’s strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute’s provisions and its practical implementation through States’ practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC’s judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.
Author: Stephen Breyer
Author: Stephen Breyer
Author: Stephen Breyer
Author: Philip Bobbitt
Author: Daphné Richemond-Barak
Author: Beatrice K. Otto
Author: Manley Ottmer Hudson
Author: S. Jayakumar
Author: John M. Ferren
Author: the late Bernard Schwartz
Author: Sarah Babaian