This well-timed 2004 Case Supplement complements and updates National Security Law, Third Edition, with the addition of major new cases from the 2003-2004 U.S. Supreme Court term. Significant cases and issues include: Hamdi v. Rumsfeld & Rumsfeld v. Padilla - the authority of the government to hold American citizens as enemy combatants (decision expected in June) Humanitarian Law Project v. Reno - First Amendment limits on regulation of contributions to terrorist organizations United States v. Alvarez-Machain - 1990 kidnapping by U.S. Agents in Mexico; this case reviews questions about the roles of Congress And The courts, and about the application of international law as it refers To The nation¿s security United States v. Moussaoui - aspects of the case of the ¿twentieth 9/11 hijacker - were addressed in a Fourth Circuit decision handed down in April 2004 and will be addressed in the new supplement Homeland Security Act - new documents regarding the act's organization and describing its work will be included 9/11 Independent Commission - critically important questions about executive privilege, sharing information between and within the intelligence and law enforcement communities, and reorganization of the intelligence community
This book assesses new developments in and reform of China's banking law system following its accession of the WTO. It focuses on the relationship between GATS/WTO national treatment obligations and China's banking law. Tracing the history of national treatment in China, the book compares the treatment of foreign-funded banks with the treatment of Chinese-funded banks and examines the structure and shortcomings of the existing banking law framework in China. Offering suggestions as to how the framework could be restructured and analysing the economic and political bases of an integrated banking law framework, the book argues that reorganization would bring about greater consistency with GATS/WTO national treatment requirements. The book also explores the ambiguous definition of prudential carve-out, the subtle relationship between GATS national treatment and market access based on WTO cases, national treatment clauses in China’s bilateral investment treaties, and special treatment on banking in China’s free trade agreements. This volume is a valuable resource for academics and students as well as professionals and policy-makers working in the field of banking, WTO, Chinese law and foreign trade.
The 1850s saw in America the breakdown of the Jacksonian party system in the North and the emergence of a new sectional party--the Republicans--that succeeded the Whigs in the nation's two-party system. This monumental work uses demographic, voting, and other statistical analysis as well as the more traditional methods and sources of political history to trace the realignment of American politics in the 1850s and the birth of the Republican party. Gienapp powerfully demonstrates that the organization of the Republican party was a difficult, complex, and lengthy process and explains why, even after an inauspicious beginning, it ultimately became a potent political force. The study also reveals the crucial role of ethnocultural factors in the collapse of the second party system and thoroughly analyzes the struggle between nativism and antislavery for political dominance in the North. The volume concludes with the decisive triumph of the Republican party over the rival American party in the 1856 presidential election. Far-reaching in scope yet detailed in analysis, this is the definitive work on the formation of the Republican party in antebellum America.
Cognitive Aging and the Federal Circuit Courts: How Senescence Influences the Law and Judges considers recent advances in neuroscience to identify the effects of cognitive aging among federal circuit court judges to make timely recommendations about judicial independence and institutional reforms.
Minutes after midnight on May 15, 1970, white members of the Jackson city police and the Mississippi Highway Patrol opened fire on young people in front of a women's dormitory at Jackson State College, a historically black college in Jackson, Mississippi, discharging "buckshot, rifle slugs, a submachine gun, carbines with military ammunition, and two 30.06 rifles loaded with armor-piercing bullets." Twenty-eight seconds later two young people lay dead, another 12 injured. Taking place just ten days after the killings at Kent State, the attack at Jackson State never garnered the same level of national attention and was chronically misunderstood as similar in cause. This book reclaims this story and situates it in the broader history of the struggle for African American freedom in the civil rights and black power eras. The book explores the essential role of white supremacy in causing the shootings and shaping the aftermath. By 1970, even historically conservative campuses such as Jackson State, where an all-white Board of Trustees of Institutions of Higher Learning had long exercised its power to control student behavior, were beginning to feel the impact of the movements for African American freedom. Though most of the students at Jackson State remained focused not on activism but their educations, racial consciousness was taking hold. It was this campus police attacked. Acting on racial animus and with impunity, the shootings reflected both traditional patterns of repression and the new logic and rhetoric of "law and order," with its thinly veiled racial coding. In the aftermath, the victims and their survivors struggled unsuccessfully to find justice. Despite multiple investigative commissions, two grand juries and a civil suit brought by students and the families of the dead, the law and order narrative proved too powerful. No officers were charged, no restitution was paid, and no apologies were offered. The shootings were soon largely forgotten except among the local African American community, the injured victimized once more by historical amnesia born of the unwillingness to acknowledge the essential role of race in causing the violence.
We are on the cusp of a dramatic wave of technological change - from blockchain to automated smart contracts, artificial intelligence and machine learning to advances in cryptography and digitisation, from Internet of Things to advanced communications technologies. These are the new technologies of freedom. These tools present a historical unprecedented opportunity to recapture individual freedoms in the digital age - to expand individual rights, to protect property, to defend our privacy and personal data, to exercise our freedom of speech, and to develop new voluntary communities. This book presents a call to arms. The liberty movement has spent too much time begging the state for its liberties back. We can now use new technologies to build the free institutions that are needed for human flourishing without state permission. The New Technologies of Freedom is part of a joint project between the RMIT Blockchain Innovation Hub, an academic research centre based at RMIT University in Melbourne Australia, and the Mannkal Economic Education Foundation. Mannkal's mission is developing future free market leaders. Mannkal promotes free enterprise, limited government and individual initiative for the benefit of all Australians. The American Institute for Economic Research in Great Barrington, Massachusetts, was founded in 1933 as the first independent voice for sound economics in the United States. Today it publishes ongoing research, hosts educational programs, publishes books, sponsors interns and scholars, and is home to the world-renowned Bastiat Society and the highly respected Sound Money Project. The American Institute for Economic Research is a 501c3 public charity.
Art historian David Lubin examines the work of six nineteenth-century American artists to show how their paintings both embraced and resisted dominant social values. Lubin argues that artists such as George Bingham and Lily Martin Spencer were aware of the underlying social conflicts of their time and that their work reflected the nation's ambivalence toward domesticity, its conflicting ideas about child rearing, its racial disharmony, and many other issues central to the formation of modern America.--From publisher description.
It is essential for anyone involved in law, politics, and government to comprehend the workings of the federal independent regulatory agencies of the United States. Occasionally referred to as the "headless fourth branch of government," these agencies do not fit neatly within any of the three constitutional branches. Their members are appointed for terms that typically exceed those of the President, and cannot be removed from office in the absence of some sort of malfeasance or misconduct. They wield enormous power over the private sector. Independent Agencies in the United States provides a full-length study of the structure and workings of federal independent regulatory agencies in the US, focusing on traditional multi-member agencies, such as the Securities and Exchange Commission, the Federal Communications Commission, the National Labor Relations Board, and the Federal Trade Commission. It recognizes that the changing kaleidoscope of modern life has led Congress to create innovative and idiosyncratic administrative structures including government corporations, government sponsored enterprises governance, public-private partnerships, systems for "contracting out," self-regulation and incorporation by reference of private standards. In the process, Breger and Edles analyze the general conflict between political accountability and agency independence. They provide a unique comparative review of the internal operations of US agencies and offer contrasts between US, EU, and certain UK independent agencies. Included is a first-of-its-kind appendix describing the powers and procedures of the more than 35 independent US federal agencies, with each supplemented by a selective bibliography.
The first full length scholarly work to focus on the travel ‘stunts’ that flourished in England between 1590 and the 1620s, this study shows that the phenomenon of the ‘mad voyage’ had deep and diverse roots in traditional travel practices, in courtly play and mercantile custom, and in literary culture. Parr explores the role of these exploits in a world of growing social mobility, increasing tourism, and interest in experiment.
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
The Scottish Enlightenment was a period of intellectual and scientific progress, in a country previously considered to be marginal to the European intellectual scene. Yet the enlightenment was not about politeness or civic humanism, but something more basic – the making of an improved society which could compete in every way in a rapidly changing world. David Hume, writing in 1752, commented that 'industry, knowledge and humanity are linked together by an indissoluble chain'. Collectively this volume of essays embraces many of the topics which Hume included under 'industry, knowledge and humanity': from the European Enlightenment and the Scots relation to it, to Scottish social history and its relation to religion, science and medicine. Overarching themes of what it meant to be enlightened in the eighteenth century are considered alongside more specific studies of notable figures of the period, such as Archibald Campbell, 3rd Duke of Argyll, and David Hume, and the training and number of Scottish medical students. Together, the volume provides an opportunity to step back and reconsider the Scottish Enlightenment in its broader context and to consider what new directions this field of study might take.
The Primary Sources Edition of America Past and Present integrates the social and political dimensions of American history into one rich chronological narrative and includes two to three primary sources per chapter with critical thinking questions for each source. This edition features all of the strengths found in the successful comprehensive text: a compelling narrative, clear organization, and exceptional pedagogy. An attractive four-color design highlighted with numerous maps and photos will engage students and instructors alike.
The Out of Many Teaching and Learning Classroom Edition tells the story of the distinctly American character, built upon the ideal of local and cultural diversity. Carefully considering the complex social, political, and historical interactions that shape America's history, the narrative unfolds around one promise--to celebrate the differences that will always define America. Still acclaimed for its scholarship, the new edition adds deep discussion, striking photos, and demonstrative features designed to portray the rich cultural and ethnic diversity that characterizes the United States' heritage.
The Michigan State Constitution provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of Michigan's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made since its drafting. This treatment, along with a list of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of Michigan's constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
This is the 2013-2014 case supplement to accompany National Security Law, Fifth Edition, and Counterterrorism Law, Second Edition. Table of Contents Preface Teacher's Guide for National Security Law (5th edition) Teacher's Guide for Counterterrorism Law (2d edition) Table of Cases Remarks of the President at the National Defense University, May 23, 2013 Clapper v. Amnesty International USA (S. Ct. Feb. 26, 2013) Kiobel v. Royal Dutch Petroleum Co. (S. Ct. Apr. 17, 2013) Note on United States v. Hamdan (Hamdan II) (D.C. 36 Cir. Oct. 16, 2012) Leon Panetta, Secretary of Defense, Remarks to the Business Executives for National Security, Oct. 11, 2012 Harold Hongju Koh, International Law in Cyberspace, Sept. 18, 2012 Presidential Policy Directive PPD-20, U.S. Cyber Operations Policy (n.d.) Remarks by the President at the National Defense University, May 23, 2013 (targeting) U.S. Policy Standards and Procedures for the Use of Force in Counterterrorism Operations Outside the United States and Areas of Active Hostilities, May 22, 2013 Department of Justice, White Paper: Lawfulness of a Lethal Operation Directed Against a U.S. Citizen Who Is a Senior Operational Leader of Al-Qa'ida or an Associated Force, Draft Nov. 8, 2011 Note on "Gang of Four" notifications Office of the Director of National Intelligence, Intelligence Community Directive No. 112: Congressional Notification, Nov. 16, 2011 Introduction: The Fourth Amendment and National Security Note on United States v. Jones (S. Ct. Jan. 23, 2012) Note updating FISA reporting data Notes and Questions on NSA's STELLARWIND program Office of the Inspector General, National Security Agency/Central Security Service, 1109-0002 Working Draft, Mar. 24, 2009 Note on FISA Amendments Act renewal Notes and Questions on the Snowden Leaks and PRISM Attorney General Eric H. Holder Jr., Exhibit A, Procedures Used by the National Security Agency for Targeting Non-United States Persons Reasonably Believed to Be Located Outside the United States to Acquire Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, July 28, 2009 Attorney General Eric H. Holder Jr., Exhibit B, Minimization Procedures Used by the National Security Agency in Connection with Acquisitions of Foreign Intelligence Information Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, July 28, 2009 Note on third-party records Note on Section 215 "metadata" Note on In re National Security Letter (N.D. Cal. Mar. 14, 2013) United States v. Cotterman (9th Cir. Mar. 8, 2013) Ibrahim v. Department of Homeland Security (9th Cir. Feb 8, 2012) Al-Zahrani v. Rodriguez (D.C. Cir. Feb. 21, 2012) Note on Jurisdiction-Stripping and Bivens Claims In re Guantanamo Bay Detainee Continued Access to Counsel (D.D.C. Sept. 6, 2012) Notes and Questions National Defense Authorization Act for Fiscal Year 2012, §§1021-1022,
The Brief American Pageant retains the vivid chronological narrative of its full-length counterpart, focusing on the great public debates that have dominated American history. Engaging features draw students into the narrative, improving comprehension and increasing their interest in the material. "Varying Viewpoints" features explore the scholarly debates surrounding major historical issues, while "Makers of America" essays focus on the diverse ethnic, racial, and activist groups that compose America's pluralistic society.
To ensure that you have the most up-to-date and complete materials for your National Security Law or Counterterrorism Law class, be sure to use National Security Law and Counterterrorism Law, 2009-2010 Supplement. New to this edition: Attorney General's Guidelines for Domestic FBI Investigations (Oct. 2008) Ashcroft v. Iqbal (S. Ct. May 18, 2009) Al Maqaleh v. Gates (D.D.C. Apr. 2, 2009) Office of the Attorney General, the Freedom of Information Act (FOIA) (Mar. 19, 2009) Gates v. Syrian Arab Republic (D.D.C. Sept. 26, 2008 Boim v. Holy Land Found. for Relief and Dev. (Boim III) (7th Cir. en banc Dec. 3, 2008) Republic of Iraq v. Beaty (S. Ct. June 8, 2009) In re Directives (Redacted Text] Pursuant to Section 105B of the Foreign Intelligence Surveillance Act (FISA Ct. Rev., Aug. 22, 2008). John Doe v. Mukasey (Doe V)(2d Cir. Dec. 15, 2008). In re Terrorist Bombings of U.S. Embassies in East Africa (Fourth Amendment Challenges) (2d Cir. Nov. 24, 2008). Boumediene v. Bush (D.D.C. Nov. 20, 2008). The Obama Executive Orders of Jan. 22, 2009. Al-Marri v. Spagone (S. Ct. Mar. 6, 2009). DOJ Memo re Detention Authority (Mar. 19, 2009) Senate Armed Services Committee Inquiry into the Treatment of Detainees in U.S. Custody (Executive Summary) (Dec. 11, 2008) OLC memo, Authority for the Use of Force Within the United States (Oct. 6, 2008)
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