| Author | : James Vincent Giblin |
| Publisher | : |
| Total Pages | : 466 |
| Release | : 1926 |
| Genre | : United States |
| ISBN | : |
Supreme Myths
| Author | : Eric J. Segall |
| Publisher | : Bloomsbury Publishing USA |
| Total Pages | : 281 |
| Release | : 2012-02-22 |
| Genre | : Political Science |
| ISBN | : |
This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.
The Statute of the International Court of Justice
| Author | : Andreas Zimmermann |
| Publisher | : OUP Oxford |
| Total Pages | : 1798 |
| Release | : 2012-10-11 |
| Genre | : Law |
| ISBN | : 0191632538 |
The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its second edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Five years after the first edition was published, the second edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute. The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past and will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal. The second edition of the Commentary adds two important and instructive chapters on Counter-Claims and Evidentiary Issues. The combination of expert editors and commentators, and their assessment of new developments in the important work of the ICJ, make this a landmark publication in the field of international law.
Rosenne's The World Court: What It Is and How It Works
| Author | : Daphné Richemond-Barak |
| Publisher | : BRILL |
| Total Pages | : 249 |
| Release | : 2021-08-16 |
| Genre | : Business & Economics |
| ISBN | : 9004226966 |
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.
The Myth of Judicial Activism
| Author | : Kermit Roosevelt |
| Publisher | : Yale University Press |
| Total Pages | : 272 |
| Release | : 2008-01-01 |
| Genre | : Law |
| ISBN | : 0300129564 |
Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.
The Myth of American Religious Freedom
| Author | : David Sehat |
| Publisher | : Oxford University Press |
| Total Pages | : 368 |
| Release | : 2011-01-14 |
| Genre | : Religion |
| ISBN | : 0199793115 |
In the battles over religion and politics in America, both liberals and conservatives often appeal to history. Liberals claim that the Founders separated church and state. But for much of American history, David Sehat writes, Protestant Christianity was intimately intertwined with the state. Yet the past was not the Christian utopia that conservatives imagine either. Instead, a Protestant moral establishment prevailed, using government power to punish free thinkers and religious dissidents. In The Myth of American Religious Freedom, Sehat provides an eye-opening history of religion in public life, overturning our most cherished myths. Originally, the First Amendment applied only to the federal government, which had limited authority. The Protestant moral establishment ruled on the state level. Using moral laws to uphold religious power, religious partisans enforced a moral and religious orthodoxy against Catholics, Jews, Mormons, agnostics, and others. Not until 1940 did the U.S. Supreme Court extend the First Amendment to the states. As the Supreme Court began to dismantle the connections between religion and government, Sehat argues, religious conservatives mobilized to maintain their power and began the culture wars of the last fifty years. To trace the rise and fall of this Protestant establishment, Sehat focuses on a series of dissenters--abolitionist William Lloyd Garrison, suffragist Elizabeth Cady Stanton, socialist Eugene V. Debs, and many others. Shattering myths held by both the left and right, David Sehat forces us to rethink some of our most deeply held beliefs. By showing the bad history used on both sides, he denies partisans a safe refuge with the Founders.
Jurisdiction in International Law
| Author | : Cedric Ryngaert |
| Publisher | : |
| Total Pages | : 273 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 0199688516 |
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
The International Court of Justice
| Author | : H. W. A. Thirlway |
| Publisher | : Oxford University Press |
| Total Pages | : 241 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 0198779070 |
An easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.
